HomeMy WebLinkAbout99-06968
-?
V
;.
;,';
TAMMAC CORPORPORATION,
1140 Route 315
Wilkes-Barre, PA 18711,
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-
NOTICE
-Civil
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
TI AIM AT ?vram.. ....
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
COURT ADMINISTRATOR
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or
1-800-990-9108
PENNSYLVANIA LAWYER REFERRAL
SERVICE
P.O. Box 1086, 100 South Street
Harrisburg, PA 17108
(Pennsylvania residents phone:
1-800-692-7375; out-of-state
residents phone: (717) 238-6715)
YORK COUNTY COURT ADMINISTRATOR
York County Courthouse
28 East Market Street
York, PA 17401
(717)771-9234
344900.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
ATTORNEY FOR TAMMAC CORPORATION
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE, PA 18701.1867 -
717 825.9401
TAMMAC CORPORATION,
1140 Route 315
Wilkes-Barre, PA 187111
Plaintiff
VS.
MOBILS-R-US, INC.,
764 Corporate Circle
New Cumberland, PA 17070,
Defendant
T COURT AS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO. 99- G• `? 6 y
COMPLAINT
-Civil
The plaintiff, Tammac Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C.,
hereby complains of the defendant, Mobils-R-Us, Inc., as follows:
I. The plaintiff is a corporation duly organized and conducting business under the laws of
the State of Delaware, having an office located at 1140 Route 315, Wilkes-Barre, Luzeme County,
Pennsylvania 18711.
3449x1.1
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 and brokering mobile homes.
4. The plaintiff is in the business of, inter alla, providing floor plan financing and retail
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 Tammac Financial Corp. upon the terms and conditions more particularly set forth
therein.
6. On or about October 27, 1997, Tammac Financial Corp. assigned all of its interest in the
Agreement to the plaintiff (the "Assignment'). (A true and correct copy of the Agreement and the
Assignment is attached hereto jointly as Exhibit "A" and incorporated herein by reference.)
7. The purpose of the Agreement was to induce the plaintiff to purchase and/or fund
various mobile home retail installment contracts and security agreements (collectively, "Contracts").
8. Pursuant to the Agreement, each Contract received by the defendant was to be for the
bona fide sale of a mobile home as described by the defendant to a party whose name appears on the
Contract ("Purchaser").
9. Pursuant to the Agreement, the defendant would have the Purchaser complete a loan
credit application, a loan promissory note and a direct installment truth in lending disclosure.
10. Pursuant to the Agreement, the defendant would then contact the plaintiff for its approval
of the proposed loan.
344921.1
2
11. Pursuant to the Agreement, the Purchaser was required to make a down payment in cash
of at least 5% of the total price of the mobile home he or she was purchasing.
12. Pursuant to the Agreement, once the plaintiff approved the loan and upon delivery of the
mobile home to the Purchaser, the defendant would deliver all necessary underlying loan documents to
the plaintiff.
13. Pursuant to the Agreement, once the defendant would deliver all necessary underlying
loan documents to the plaintiff, the plaintiff would pay the defendant the unpaid balance due on the
transaction.
14. Pursuant to the Agreement, in the event that any of the warranties, covenants and
conditions contained therein were untrue or not complied with by the defendant, the defendant
unconditionally guaranteed repayment of the Contracts affected by such breach of warranty, covenant or
condition and agreed to immediately repurchase such Contracts for the unpaid balance thereof.
15. On or about May 14, 1998, Jackie Simonetti ("Simonetti") executed a Contract
("Simonetti's Contract"). (A true and correct copy of Simonetti's Contract is attached hereto as Exhibit
"B" and incorporated hereby reference).
16. Upon information and belief, 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 three personal
money orders made payable to the defendant in the total aggregate amount of $2,500.00.
17. On or about May 14, 1998, the defendant then sent a photocopy of the three personal
money orders to the plaintiff along with a down payment certification (the "Simonetti Down Payment
Certification") certifying to the plaintiff that the defendant made a $2,500.00 down payment on a mobile
344921.1
r?
home the plaintiff would be financing for Simonetti. (A true and correct copy of the Simonetti Down
Payment Certification is attached hereto as Exhibit "C" and incorporated hereby reference.)
18. Based upon, inter alia, the Simonetti Down Payment Certification, the plaintiff paid the
defendant the purported unpaid balance on the transaction and financed the mobile home for Simonetti.
19. 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.
20. On or about March 30, 1998, Steven Sensenig ("Sensenig") executed a Contract
("Sensenig Contract"). (A true and correct copy of Sensenig's Contract is attached hereto as Exhibit "D"
and incorporation herein by reference.)
21. Upon information and belief, on or about March 30, 1998, Sensenig handed the
defendant a $4,000.00 personal check, which the defendant agreed not to cash.
22. On or about March 30, 1998, the defendant then sent a photocopy of the personal check
to the plaintiff along with a down payment certification (the "Sensenig Down Payment Certification")
certifying to the plaintiff that the defendant made a $4,000.00 down payment on a mobile home the
plaintiff would be financing for Sensenig. (A true and correct copy of the Sensenig Down Payment
Certification is attached hereto as Exhibit "E" and incorporated herein by reference.)
23. Based upon, inter alia, the Sensenig Down Payment Certification, the plaintiff paid the
defendant the purported unpaid balance on the transaction and financed the mobile home for Sensenig.
24. 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.
)44921.1
25. On or about April 10, 1998, Chad Stevenson ("Stevenson") executed a Contract
("Stevenson's Contract"). (A true and correct copy of Stevenson's Contract is attached hereto as Exhibit
'T" and incorporated herein by reference.)
26. Upon information and belief, on or about April 8, 1998, Stevenson handed the defendant
a $2,000.00 personal check, which the defendant agreed not to cash.
27. On or about April 10, 1998, the defendant then sent a photocopy of the personal check to
the plaintiff along with a down payment certification (the "Stevenson Down Payment Certification")
certifying to the plaintiff that the defendant made a $2,000.00 down payment on a mobile home the
plaintiff would be financing for Stevenson. (A true and correct copy of the Stevenson Down Payment
Certification is attached hereto as Exhibit "G" and incorporated herein by reference.)
28. Based upon, inter aiia, the Stevenson Down Payment Certification, the plaintiff paid the
defendant the purported unpaid balance on the transaction and financed the mobile home for Stevenson.
29. 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.
30. On or about April 17, 1998, Jean Waclawski ("Waclawski") executed a Contract
("Waclawski's Contract"). (A true and correct copy of Waclawski's Contract is attached hereto as
Exhibit "H" and incorporated herein by reference.)
31. Upon information and belief, on or about April 17, 1998, Waclawski handed the
defendant a $2,200.00 personal check, which the defendant agreed not to cash.
32. On or about April 17, 1998, the defendant then sent a photocopy of the personal check to
the plaintiff along with a down payment certification (the "Waclawski Down Payment Certification")
344921.1
certifying to the plaintiff that the defendant made a $2,200.00 down payment on a mobile home the
plaintiff would be financing for Waclawski. (A true and correct copy of the Waclawski Down Payment
Certification is attached hereto as Exhibit "I" and incorporated herein by reference.)
33. Based upon, inter alia, the Waclawski Down Payment Certification, the plaintiff paid the
defendant the purported unpaid balance on the transaction and financed the mobile home for Waclawski.
34. Upon information and belief, on or about April 17, 1998 Waclawski also handed the
defendant a check in the amount of $1,000.00 which the defendant did cash.
35. 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 only $1,000.00.
36. On or about March 9, 1998, Shawn M. Hernandez ("Hernandez") executed a Contract
("Hernandez's Contract"). (A true and correct copy of Hernandez's Contract is attached hereto as
Exhibit 'P' and incorporated herein by reference.)
37. On or about March 9, 1998, the defendant sent a purchase agreement (the "Hernandez
Purchase Agreement") and a bill of sale (the "Hernandez Bill of Sale") to the plaintiff representing to the
plaintiff that the defendant was purchasing a used 1981 Muncy 14 X 70 mobile home. (A true and
correct copy of the Hernandez Purchase Agreement and the Hernandez Bill of Sale is attached hereto
jointly as Exhibit "W' and incorporated herein by reference.)
38. Based upon, inter alia, the Hernandez Purchase Agreement and the Hernandez Bill of
Sale, representing that the mobile home Hernandez was purchasing was fourteen feet wide, the plaintiff
paid the defendant the unpaid balance on the transaction and financed the mobile home for Hernandez.
39. In fact, the mobile home Hernandez purchased was only ten feet wide.
744921.1
40. Accordingly, the defendant breached the Agreement by representing that the plaintiff
would be financing a fourteen foot wide mobile home when, in fact, the plaintiff was actually financing a
ten foot wide mobile home.
41. On or about January 14, 1998, Mariana L. Gonzalez ("Gonzalez") executed a Contract
("Gonzalez's Contract"). (A true and correct copy of Gonzalez's Contract is attached hereto as Exhibit
"L" and incorporated herein by reference.)
42. On or about January 14, 1998, the defendant sent a purchase agreement (the "Gonzalez
Purchase Agreement") and a bill of sale (the "Gonzalez Bill of Sale") to the plaintiff representing to the
plaintiff that the defendant was purchasing a used 1978 Homemaker 14 X 70 mobile home. (A true and
correct copy of the Gonzalez Purchase Agreement and the Hernandez Bill of Sale is attached hereto
jointly as Exhibit "M" and incorporated herein by reference.)
43. Based upon, inter alia, the Gonzalez Purchase Agreement and the Gonzalez Bill of Sale,
representing that the mobile home Gonzalez was purchasing was a 1978 model and fourteen feet wide,
the plaintiff paid the defendant the unpaid balance on the transaction and financed the mobile home for
Gonzalez.
44. In fact, the mobile home Gonzalez purchased was a much older model than 1978 and was
only ten feet wide.
45. Accordingly, the defendant breached the Agreement by representing that the plaintiff
would be financing a 1978 model fourteen foot wide mobile home when, in fact, the plaintiff was
actually financing a much older ten foot wide mobile home.
46. As a result of the aforesaid breaches, the plaintiff terminated the Agreement and
demanded payment and attorneys' fees and costs on the underlying Contracts.
344921.1
47. More than thirty (30) days have elapsed since the plaintiffs notification to the defendant
of the plaintiffs intention to terminate the Agreement.
48. The mobile home purchased by Simonetti was repossessed by the plaintiff due to
Simonetti's default of her re-payment obligations to the plaintiff.
49. 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.
50. Accordingly, the defendant owes the plaintiff the following amounts on the following
Contracts:
(i) Simonetti $4,381.61
(ii) Sensenig $17,401.92
(iii) Stevenson $14,057.57
(iv) Waclawski $20,169.38
(v) Hernandez $11,374.00
(vi) Gonzalez $10,347.01
TOTAL $77,731.49 plus attorneys'
fees,interest
and costs
51. Despite the plaintiffs repeated demands, the defendant has failed and refused to pay the
balance to the plaintiff.
52. The amount currently due and owing to the plaintiff by the defendant is $77,731.49 plus
I
attorneys' fees, interest and costs.
344921.1
8
i
WHEREFORE, the plaintiff prays this Court to enter judgment in favor of the plaintiff and
against defendant in the amount of $77,731.49, together with attorneys' fees, interest and costs until paid.
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
BY:
JAMES T. SHOEMAKER, ESQUIRE
I.D. No. 63871
Counsel for the plaintiff, Tammac Corporation
700 Mellon Bank Center
8 West Market Street
Wilkes-Barre, PA 18701-1867
(570)825-9401
(570)829-3460
Dated: November IS , 1999
344921.1
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 agreements (hereinafter collectively "Contracts ^? from time to time as maybe acceptable to You, and inconsideration for
any such purchase(s), the undersigned ("Dealer") hereby agrees with You and warrants to You as follows:
1. Each Contract received by Dealer shall be for the bona ride 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
defoult, shall be legally valid and rn orceable against the purchaser and all other parties thereto for the full amount thereof, and shall at all times
be free from set-off counterclaim, or defense of 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 quality, quantity, and value as represented by Dealer to the
Purchaser and that Dealer will promptly perform 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 coned
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 lament securing the same, whereupon the Dealer will contact Tammac
for its approval of the proposed loan. After approval by Tommse, and upon delivery olthe unit to the Purchaser, the Dealer is authorized to
deliver to Tammac all the necessary documents required by Tammac, including but not limited to the Certificate of Title in the Purchaser's
name with the notation ofTammac s lien thereon, or the instruinenu necessary to obtain such title and to note such lien. Upon receipt of these
documents the Dealer will receive from Tammac the unpaid balance due him on the transaction.
3. All Contracts, notes, disclosure statements, loan credit appplications, security agreements and related documents granted to
Dealer and/or assigned and/or granted to You with respect to or arising out ofeach Contract shall be fully valid and enforceable in accordance
with their terms. duty perfected and want a first lien oriority security interest as applicable. Dealer shall have Rood title to each Contract offered
to
4.
mingling the
Dealer to aril
and
to You sl
ed terms
any Contend sold u
deliver the same to
it on any Contract sr
soy Contract sold to
r sucn assignments to Tou on
hey purport to be, shall have i
the unit beinthg financed shall
payment on e unit shall be
Dealer will hold the same in
You are irrevocably authoriz
You by Dealer and to retain tl
ry Dealer shall come Into the
leliver the same to You on da
I to You all communications r
u transferred to You b
rests of Dealer in and i
nd. All documents
from the sale of a unit
e and clear of all
to or greater than five
for You without co-
roc
while
n shall
to any
5. In the event any of the warranties, covenants and conditions contained herein shall be untrue or not complied with by Dealer,
including without limitation those e set forth In Paraagraalslfl2R'and 3 hereinabove, the waiver of recourse against Dealer shall be abrogated and
Dealer unconditionally guarantees yen by any such breach of warranty, covenant or condition and will immediately,
upon Your demarb, repurchase saldd ntracts for the unpaid balance thereof, plus any additional costs or fees incurred by You as a result,
including, as e a omeys fees. Said remedy shall be cumulative and not exclusive, and shall not affect any other right or remedy You may
have at law or equity against the Dealer.
or
upon between ueara
the same in tout for
at Dealer's cost, or dismantle and transport the mobile home at
orage charges to You. Otherwise Dealer shall charge You only the
ny chdras arising from such services; (4) makq or cause to be
to such repossessed property and charge only the actual cost of
Your request such repossessed property at a price mutually agreed
to You and during the time of possession of said property wit hold
- ---'.`----------
--
?1.
Previous Image
Refollmed to Corr ect
Possible;- Error
nr;.AL.ER AGREEMENT
TO TAMMAC FINANCIAL CORP
For the purposes of inducing Temmac Financial Corporation ("You") to purchase and/or fund various mobile home retail installment
contracts and security agreements (hereinafter collectively "Contracts") from time to time as may be acceptable to You, and In consideration for
any such purchase(s), the undersigned ("Dealer") hereby agrees with You and warrants to You as follows:
1. Each Contract received by Dealer shall be for the bona tide 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
deflull, shall be legally valid and enforceable sgainst the purchaser and all other parties thereto for the full amount thereof, and shall at all limes
be free from setoff. counterclaim, or defense of 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 quality, quantity, and value as represented by Dealer to the
Purchaser and that Dealer will promptly oerfamt 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 we and correct.
2. The Purchaser shall have completed a loan credit application at the Dealer's place of business; executed a loin promissory
note for the unpaid balance due upon such purchase and a disclosurestatement securing the same, whereupon the Dealer will contact Tammac
for its approval of the proposed loan. After approval by Tamarac, and upon delivery of the unit to the Purchaser, the Dealer is authorized to
deliver to Tammac all the necessary' documents acquired by Tammac, including but not limited to the Certificate of Title in the Purchaser's
documents the notation will receive frolmaTaammoc the unpaid balance due him to the vensactio?. and to note such lien. Upon receipt of these
3.' All Conuract%, notes, disclosure statements, loan credit applications, security agreements and related documents granted to
Dealer and/or assigned mdtor granted to You with respect to or arising out of each Contract shall be fully valid and enforceable in accordance
with their terms, duiyyperfected and grant a first lien priority security interest as applicable. Dealer shall have good title to each Contract offerec
to You for sale, and Deoler agrees to defend such title against the claim of any party. Each Contract sold to You shall be transferred to You by
whatever written assignments You may deem necessary to properly convey to You all of the rights, titles, liens and interests of Dealer in and to
such contract and in and to all secun therefore and Dealer will execute and deliver such .assignments to You on demand. All documents and w which has bdealer een delivered, and shall ontaain to You sll
terms of salegas stuine ated therein The unit being fns ced shallabe fee end clean of all unit
encumbrances, and the borrower(s) shall have legal capacity to contrecL The down payment on the unit shall be equal to or greater than five
(5%) percent of the total sales price and shall be in cas unless otherwise Indicated.
4. If any pa arc made to Dealer on any Contract sold to You, Dealer will hold the same in trust for You without co-
minglingthe same with Nnds Cents d will promptly deliver the same to Yau. You arc irevocebty authorized to endorse the name of
Dealer to any check oroWer remittance offered as paymmt on any Convect sold to You by Dealer and to retain the proceeds thereof as a
payment on such contract if any eeqquuipment described in any Contract sold to You by Dealer shell come into the possession of Dealer while
Purc haser (s Indebted to You therctae, Denier shell prompt y notify You and shell deliver the same to You on demand or at your option shall
thereon. Dealer will promptly forward to You all communications end inquiries relating to any
immedietely y you the full un e!d balance
contract pas eased and/or fundee by You.
5. In the event any of the 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 hercfnabove, the 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 Caravans for the unpaid balance thereof, plus any additional Costs or fees incurred by You asa result,
including reasonable ettomeys fees. Said randy shall be cumulative and not exclusive, and shall not affect any other right or remedy You may
have at law or equity against the Dealer.
or
to
motorists and labor necessary therefore; (5 sell or purchase from t ou upon
upon between Dealer and You, (6) immed ateiy remit proceeds ol'suA sales
the same in tntst for You; (7) iirov?de any other assistance necessary in the n
only the actual cost of
at s price mutually a
tofsoldpropertywil hold
7. You are not obligated to fund and(or purchase any Contract from Dealer Any such decisions shall be within the sole
discretion of You and Dealer shall not have any recourse against You for any refusal or denial.
8. All representations, warranties, and covenants of Dealer contained herein shall pass to and be enforceable by any assignee of
You.
9. With respect to each Contract sold to You
."r nmf, nntleA of nmt&d and hembv earees toes
to
Dealer waives demand
ry renewal or extension
may Grant any such rem
on the reverse
may
sum
10. Thls Agrcement shall become effective as of the date of its execution by both parties and shall apply to all loans made by
Temmac 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.
it. This Agreement shall continue in full force and effect until terminated at the election of either party by thirty (30) days prior
written notice to the other, provided. however, that any such termination shall not affect the respective rights and obligations of the parties
hereto with, cspec t 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 .?: 0 e) this _.jj_day of 0 c T 19 17
ea er
,72 ec
Lew---
BY:
C?
ACCEPTED:
BY:
ON EEFUTFUF
at
ASSIGNMENT OF DEALER AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that TAMMAC FINANCIAL CORP.,
Assignor, hereby assigns to TAMMAC CORPORATION, Assignee, a certain dealer agreement
made by Assignor and MOBILS-R-US, INC., dated October 27, 1997.
TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, from this
day forward, including all extensions or renewals.
Assignor hereby warrants and represents that the dealer agreement is in full force and
effect, that Assignor is not in default or breach of the dealer agreement and has no knowledge of
any claims, offsets or defenses under the dealer agreement, or any basis for asserting the same.
IN WITNESS WHEREOF, Assignor has set its hand and seal this=zj4Aay of October,
1997
Attest:
Edmund P. Leva doski
TAMMAC FINANCIAL
S. Romanowski, Secretary
347717.1
Exhibit B
OIREC STALLMENT LOAN TRUTH IN LENDING DISCLOSr'"E
Manufactured Home (Fixed Rate)
LenderTabalae Corporation Dale: 5/14/98
C ANCE
FI Amount Financed Total of Payments
PER
ENTAGE N The amount of credit The amount the Borrower will
RATE The dollar amount the credit provided to the Borrower or have paid after Borrower has
The cost of the , will cost the Borrower. on the Borrower's behalf. made all payments as scheduled.
Borrower's credit as a
yearly rate.
17.000() g 12,539.50 $ 11,550.50 $ 24,090.00
he Borrowers Payment Schedul will be: a means
Number of Payments
Amount of Payments an es
true
e
When Payments Are Due
120
$ 200.75 Y
t
Monthly, beginning JUNE 14, 1998
Security: Lender is getting a security interest in deposits or
property held by Lender, and:
I I None. I I Manufactured Home being purchased.
I I Real Estate. I I
In addition, collateral (other than Borrower's principal residence)
securing other obligations to Lender may also secure this Note.
Security Interest Charges:
I )None (X 1 Filing Fees $ 5.00
Late Charge: I I Not Applicable. I X I If a payment is not made
within 15 days of its due data, Borrower maybe charged the
GREATER of $ 20.00 0110.00 % Of the
total amount of the payment which was not paid in full.
Prepayment: If Borrower pays off early, Borrower will not have to
pay a penalty.
Required Deposit Balance: Ix I Not Applicable. I 1 The
Annual Percentage Rate does not take into account Borrower's
required deposit balance.
Assumption: If this loan is secured by a dwelling, someone
purchasing that dwelling cannot assume the remainder of the loan an
the original terms.
See contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled
date and prepayment refunds and ponallies.
PROPERTY INSURANCE: Borrower may choose the person through whom insurance is obtained against loss of or damage to the
manufactured home and against liability arising out of use or ownership of the manufactured home. If Borrower obtains property insurance
through Lender, the prenuum costs for the insurance terms indicated below are included in the item called To Property Insurance
Company of the ITEMIZATION OF AMOUNT FINANCED section of this Installment Loan. In the section called BORROWER MAKES
THE FOLLOWING ADDITIONAL PROMISES TO LENDER an the reverse side of this Contract, Borrower promises to insure the
manufactured home and keep it insured.
X Manufactured Home$ 928.00 Term 60 Mos. Other $ N/A Term_Mos.
Physical oamage lns. lbescribe)
x Comprehemiseon $ INCL, Term 60 Mos. Other $ N/A Term_Mos.
Manufactured Home IOescribe)
NOTICE:I 1 If checked, see separate
Itemization of Amount Financed
I ISea HUD•IA
Itemization of Amount Financed
Amount Financed
$ 11,550.50
(1) Amount given directly to Borrower
$ N/A
(2) Amount paid on Borrower's account
$ 10,500.00
13) Amount retained by Lender for
Closing Costs
$ 60.00
(4) Amount paid to others on Borrower's
behalf N/A
(a) to public officials
$ N/A
(b) to Credit Insurance Company'
$ N/A
(c) to Property Insurance Company
$ 926.00
Wto Tammac Corp
$ N/A
(a) to Tammac Crdt
$ 35.00
(1) to Title/Rag
$ 22.50
(gl to
$
(h) to Sales Tax
$ N/A
Mto Filing Fees
$ 5.00
Prepaid Finance Charge
$
Lender may receive a portion of
this amount
X Fire and Theft $ INCL. Term O-Mos. TOTAL CHARGES$ 928.00
CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance is not required to obtain credit, and will not be provided unless Borrower signs below and agr es to pay the additional
cost. Please lead the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Borrower's insurance certificate or policy will indicate the0%If;1A amount of insurance
available.
By signing, Borrower selects Single Credit Life Insurance,
which costs $ N/A
What is Borrower's I By signing, both Borrowers
age? Years Insurance, which costs $-b±
Signature of Borrower to be insured for Single Credit Life Insurance
Insurer.
DIRECT INSTALLMENT LOAN NOTE MULTIPLE PARTIES: It Up
DEFINITIONS: In this Note, the word "Borrower" means each and all of those who sign Lender, individually and tog
below and each and all of those who endorse the check which disburses the proceeds of payment of all or part of the
this loan. direction of any Borrower v
The word "Lender' means Tammac Corporation benefit of all Borrowers.
BIB
ages?
one Borrower, each agrees to be responsible to
payment in full of this loan. Borrowers agree that
of this Note to any Borrower or to anyone else at the
equivalent of payment to each Borrower and for the
or any person to whom this Note has been transferred. THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED-IN COPY OF
BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender THIS NOTE. BY SIGNING BELOW, BORROWER AGREES TO HE LEGALLY BOUND BY
$ with interest on the unpaid balance from the data all lands are ALL THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantees
that the signature of any Borrower is genuine
completely advanced until paid in full. Interest shall be paid at the rateIDT. 0000 % per .
annum.
B {??(y s??cc, Ly??9 Uj n 5/14/98
orrower promises to make payments in accordance with the payment schedule stated in JAC I E S S INONETTT-- Borrower Date
this Note. Borrower promises to pay to Lender all other amounts which may become due
under the temu of this Note• including, if applicable, Late Charges and Costs of Collection
.
Borrower agrees to make payments at the place designated by Lender.
PAYMENT SCHEDULE: Borrower agrees to pay to Lender the amounts due under this Note
in uninterrupted monthly payments: 120 payments of $ 200.75 Borrower Data
and a final payment, which will be billed by Lender, of all remaining unpaid amounts.
Payments will be due on the same day of each month starting on 6/14198
Payments will continue until all amounts due are paid. CO-MAKERS-SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower who
The date that she final payment is scheduled in this paragraph to he due is called the is designated as a Co-Maker agrees to be equally responsible with all other Borrowers for
"Maturity gate" of this Nate.
the payment of this loan and performance of all promises in this Note.
LATE CHARGE: I I Not Applicable.I xl Borrower agrees that tender may assess a lat
e
charge for any payyment not paid in full within 15 days of its due date. The late charge will
OREATER
b
h
CTMakar Date
at
e
ofs 20.00 or 10.00 % of the total amount of the
payment which was not paid in full. No late charge will be due, however, if the reason that
the payment Is late Is either: (a) attributable to a late charge assessed an a prior payment; or
(b) because, after default by Borrower, the entire outstanding balance on this Note is due
.
No more than one late charge will be imposed for any single scheduled payment.
Co Maker Date
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
oAS42-1 k 101198)
COPY OF ORIGINAL G 1998 eANCONSUMER SERVICE, INC.
® ADDITIONAL PROVISIONS
COMPUTING INTEREST: Interest is computed an the basis of a I X 360•day I 1365-day
yyear, consittny of twelve 30-day months. The amount of interest included in the Total of
Paymems as ahown an the front side of this Note was based on the assumption that all
Vpliments will be made as provided In the Payment Schedule. If any payment is late, more
Mterest will accrue. If Borrower pays early, less interest will accrue. Any increase or
decrease in interest caused by late or eapayments will be reflected in Borrowers fast
payment, which will he married to reflect lie amount then due. Borrower may prepay all or
any part of the principal balance due at any time without penalty or premium. If Borrower
makes a Partial repayment, Borrower must continue to make payments according to the
Payment $chedu a until the principal balance end all accrued interest are paid in lull.
APPLICATION OF PAYMENTS: Lender will apply payments to satisfy interest, late
charges, fees and principal in the order as determined at the option of the tender. All regular
payments will be applied to the satisfaction of scheduled payments in the order in which
they become due.
WAIVER BY LENDER: If Borrowerhas made ormakes in the future another loan agreement
with Lender, tender might obtain a security interest in the principal dwelling of Borrower or
someone else to secure that other loan agreement. That Security Agreement may provide
that the principal dwelling secures not only that other loan agreement but also all other loan
agreements of Borrower with Lender. Lender wanes (gives up) any right to claim security
interest in the principal dwelling of any person to secure this Note unless tha e security
interest is specifically given to secure this Note.
INTEREST AFTER MATURITY: Unless prohibited by applicable law, interest at the rate
provided in this Note shall continue to accrue on The unpaid balance until paid in full, even
after (whether by acceleration or otherwise) maturity andfor if judgment is entered against
Borrower for the amounts due. If at any time interest as provided for in this paragraph is not
permitted by law, interest shall, in that event and at that time, accrue at the highest rate
allowed by applicable law.
DEFAULT: fAs used in this paragraph, the form "Borrower" Includes Borrowers, Co-Makers,
Guarantors, sureties, and any owner of property which is security for this Note.) Borrower
will be in default:
(a) if Borower does not make any payment before or on the date it is due; or
0) if Borrower fails to keep any promise made in this Note or defaults in any other note,
loan or agreement with Lender, or
(c) if anyone who signs the Security Agreement or a Mortgage securing this Nate breaks
any promise made in the Security Agreement or Mortgage; includ'mg but not Gaillard to
the promise not to sell, give away or transfer title to the property which Is the subject
(dl if any property in which Lender has obtained a security interest to secure this Note is
lost, stolen (and not recovered within a reasonable time) or destroyed; or
(a) if Borrower has made any untrue statement or misrepresentation in the credit
application or any other certificate or document given or made for this loan; or
(N upon the death of Borrower or any one of them, H there is more than one; or
(p) if Banower provides Lender with false information or forged signatures at any tone; or
(h) if a court with proper jurisdiction to do so finds that Borrower, or any one of them, is
If Borrower is in default, the entire outstanding balance on this Note shall be immediately
due, at the option of the Lender. This will happen without any prior notice to Borrower, or
right to cure, except as may be required bylaw.
Borrower will also he in default:
of if Borrower becomes insolvent andlor cannot pay Borrowers debts as they became
due; or
0 if any other creditor ides by legal process 10 take any money or property of Borrower in
the Lenders possession; or
RI if Borrower files a bankruptcy petition or if anyone files an involuntary bankruptcy
against Borrower; or
N N Borrower makes an assignment for the benefit of creditors, or any insolvency,
reorganization, arrangement, debt adjustment, receivership, trusteeship, liquidation or
fml if arty judgment, tax lien, municipal charge or tax levy is riled or will of execution is
If any event described in O,O , (k), 0), or (ml happens, the entire outstanding balance on this
Note shall be immediately due without any prior notice to Borrower, or right to cure, except
as may be required by law.
A defauit by Borrower on this Note is a default on every other note, loan or agreement of
Borrower with Lender.
GENERAL WAIVER PROVISIONS: Borrower wanes presentment for payment, demand,
protest, notice of protest, dishonor and all other notices or demands in connection with the
derwery , acceptance, performance, default or enforcement of this Note. Borrower further
waives any right to require due di0gence in collection by Lender.
DELAY IN ENFORCEMENT: Lender can delay enforcing any rights under this Note witheur
losing any rights. Latrines failure to enforce any right under this Note shall not act as a
waiver of that right or preclude the exercise of that fight in the event of a future occurrence
of the same event. Lender can also extend the time allowed for making payments, and such
extension shall not affect the fibrillations of any Banower, whether or not that Borrower is
given notice of the extension.
RELEASE OF SOME BORROWERS OR SOME SECURITY: It there Is more than one
Borrower, each agrees to remain bound by this Note, although Lender may release any
other Borrower or release or substitute any pro any which is security for the repayment of
this Note. Borrower waives ell defenses based on suretyship and Impairment of collateral
or security.
SECURITY INTEREST CHARGES: Borrower agrees to pay any retarding, firing,
satisfaction and encumbrance fees which may be charged. The charges are to repay
Lender for the foes yaid to public officials to protect, continue, or release any security
interest given in the Security Agreement or Mortgage.
PROPERTY INSURANCE: If property insurance endlor flood insurance is required under
this Note, a Mortgage, or a Security Agreement, Borrower may obtain property andfor flood
insurance from anyone that is acceptable to Lender. If flood insurance Is required,
Borrower has been separately notified.
PREPAYMENT: Borrower may prepay, in lull or in part, the amount awed an this Note at
any time without penalty. If Borrower prepays the loan in part, Borrower agrees to
continue to make regularly scheduled payments until all amounts due under this Note are
paid.
BORROWER MAKES THE FOLLOWING ADDITIONAL PROMISES TO LENDER (a) to
pay all taxes due on the Manufactured Home; 0) to allow Lender the right to inspect the
Manufactured Home at any reasonable time, and to maintain the Manufactured Home In
good condition and re pee, reasonable wear and tear excepted; (c) to keep the
Manufactured Hama lul insured against loss or damage, as provided in the Security
Agreement suffer Mortgage; (d) to pay all filling fees necessary for Lender to obtain and
maintain its security interest. If Borrower fails to honer the promises to maintain insurance
in effect, or to pay firing fees, taxes or the costs necessary to keep the Manufactured
Home in good condition and repair, Lender may, if Lender alone chooses, advance any
sums Borrower promised to pay and obtain insurance. If Borrower fails to maintain the
required insurance and provide Lender with evidence of that insurance, Lender may obtain
insurance to cover loss or damage to the Manufactured Home. Such insurance will be
limited to an amount not greater than what Borrower awes an this Note. Any amount
Lander advances on Borrowers behalf will be added to the balance an which Lender
imposes the interest rate of this Note, if permitted by law, and will be repayable, as Lender
alone may specify: if immediately, on demand; or n along with the monthly payments. If
Lender chooses to allow Borrower to repay the amounts advanced in installments, and H
permitted by law, Borrower agrees that Lender will increase the amounts of the monthly
payneots in an amount sufficient to repay the amount tender advanced at the interest rate
of this Nate, in substantially equal payments from the date of the payment change over a
term which Lender will choose but which will not be longer than the remaining term of this
Note. Lender's payments an Bonowefs behalf will not cure Borrowers failure to perform
Borrowers promises in this Note. Banower's promises made and lender's rights set forth
in this section shall not merge with any judgment entered in any legal action and shelf apply
until all amounts owed are paid in full.
LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives
Lender the fight to sign Bonowefs name on any check or draft from an insurance
company. This is limited to a check or draft in payment of returned premiums or benefits
under credit rife insurance or credit disability insurance, insurance covering property which
is security for this loan or flood insurance. This means that Borrower agims Lender as
attorney-in-fact for Borrower with the full power to endorse checks or drafts.
COSTS OF COLLECTION: If Borrower is in default under this Note and Lender files suit, or
takes other action to collect this loan or protect the Manufactured Hama, Borrower agrees
to pay costs of suit and, if permitted by law, reasonable attomeys' lees and expenses.
SECURITY INTEREST IN DEPOSITS: The Lender may set-off any amounts due and
unpaid under this loan against any of Borrowers money an deposit with Lender. This
includes any money which Is now or may in the future be deposited with lender by
Borrower or with any co-depositor, fdcludinp Borrowers apcruse. This also includes any
property, credits, securities, or money of the Borrower, which may at any thrift be delivered
to or in the possession of the Lender. This may be done without any prior notice to
Borrower.
ASSIGNMENT: Borrower may not assign or otherwise transfer Borrowers fights under
this Note to anyone else. Lender may sell, transfer, or assign this Note, and any Security
Agreement and/or Mortgage given to secure this Note, A woes rights and
Obligations under this Note will continue unchanged.
HEIRS AND PERSONAgREPRE Uw- ai s this Nate shell
he bin ding upon the Borr represent iv he Borrower.
GOVERNING LAW PRO eanditsvaidityrpp6?trec'a a nforceab7ty
shall be governed by thvenia fisPLeto Live extent su laws have
beenpeempledorsuperMpvjI
NOTICE OF PROPOSED CREDIT INSURANCE"
The Signer(s) of this Note hereby take(s) notice that Group Credit Life insurance coverage andyo Group Credit A and Health Insurance
coverege wrl he apppplicable to this Note t so marked on the front side of this Note, and each such ty of cover r be written by the insurance
tympany named. "Chis insurance, subject to accepunce byy the insurer, covers only the person signing a st or such insurance. The amount of
charge rs indicated for each type of credit insurance to ,ore The term of the tnsumnce will mmence as of the date the indebtedness is
incurred and will expire on the original maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days there will tx
delivered m the insured debtor a certircate of insurance more Polly describing the insurance. In the event of prepayment of the indebtedness. a refund
of fnsurance charged will be made when due.
FORM NPO.52
NOTICE TO COSIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to.
Be sure you can afford to pay if you have to, and that you want to accept this responsibility. . .
You may have to pay up to the full amount of the debt fir the Borrower does not pay. You may also have to pay late fees or
collection costs, which increase this amount.
The Lender can collect this debt from you without first trying to collect from the Borrower. The Lender can use the same
collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever In default, that fact
may become a part or your credit record.
PASaa•1 L11M
Exhibit C
DOWN PAYMENT CERTIFICATION
DATE:
TO: TAMMAC CORPORATION
1140 ROUTE 315
WILKES-BARRE, PA 18711
I/We hereby certify that a total cash payment of $ 2,500.00
has been paid to the SELLERBROKER as a down payment for the purchase
of a 1983 OEROSE 14X70 01222969
(description of collateral) Segal e
Signed under the pains and penalties of perjury.
BUYER: \ Cl Y ?. 4 . ?i YV?An(_4 ?r?,
AC IE S SIMONETTI
CO-BUYER:
CO-BUYER:
CO-BUYER:
BROKER/SELLER:
BY:
OWNPTCHT
"
? May-1S-9Y3 uy: ?`JAA
ER 4 2 $
I . ? ,
Dauphin D. JOSIt Bank PERSONAL MOP Y ORD $ 1
EO
and Trust comparn EI
HARRISSURG.PA 11105 - 05-07-98
DATE
(NOT VALID FOR MORE THAN S1:000.D0) ! ISSUING OFFICE ,
PAY THE SUM OF D 5 0 0 dols 0 0cts -
VOID OVER $500.00
THE _
ADORE63 .
ORDER
OF
tie 084112811'1' 03 i 3008341: 05 16520 5
Ur
PAY THE SUM ,.
VOID OVER 01,000.00.1
• SIGNATUR REMNTER
THE
ORDER ADDRESS
OF
J
Dauphin Deposit Batik PERSONAL MONEY ORDER 8411.26,,
andTrustcompony
05-07-98
HARRISBURG. PA 17105
DATE
(NOT VALID FOR MORE THAN $1,000.00)
ISSUING OFFICE
p i 0 0 0 dole 0 0 cts
11.0841126!!'1:0 3 1 3008 341: 05 11520 5ii'
pp?? Dauphin Deposit Bank ;.PERSONAL MONEY ORDER 841127.
andTrust Company
- ..... aTD .
HARRISBURG.PA 11105 .. OS-07-98.
. DATE
(NOT VALID FOR MORE THAN $1.000.00) ' ISSUING OFFICE
PAY THE SUM OF D 1,0 0 Idols 0 Octs
VOID OVER. $1,000.00 .
TO SIONAT REOFREMRTER
THE
ORDER ?/T- / C , •??` • • : ADDRESS
It'084i1,27ii•I:0 3 1 3008 3 41: OS 11520 511'
- Exhibit D
DIRECT IISLLMENT LOAN TRUTH IN LENDING DISCLOSURE
: Manufactured Home (Fixed Hate)
dar.TammaC Corporation Date: 3/30/98
nt Financed
Total of Payments
p?
??NC pp
CN EE
ount of credit Borrower
The amount the will
wer has
B
f
ENTAGE
RATE The dollar amount the d to the Borrower or
Ton
Borrower's behalf. orro
ter
have paid a
made all payments as scheduled.
The cost of the , will cast the Borrower
Borrower's credit as a
yearly rate.
16.000,Q
$ 22,057
17,578.50 39 , 636.00
$
fy-5v-It y'
Security: Lender is getting a security interest in deposits or
property held by Lender, and:
I None. I I Manufactured Home being purchased.
I I Real Estate. I I
In addition, collateral (other than Borrowers principal residence)
securing other obligations to tender may also secure this Note.
Security Interest Charges:
N 1X IFilin Feestl 5.00
Late Charge: ( I Not Applicable. 1 X I If a payment is not made
within 15 days of its due date, Borrower may be charged the
GREATER of s 20.00 cr 10.00 % of the
total amount of the payment which was not paid in full.
Prepayment: If Borrower pays off early, Borrower will not have to
pay a penalty.
Required Deposit Balance: I X I Not. Applicable. 1 1 The
Annual Percentage Rate does not take into account Borrower's
required deposit balance.
Assumption: If this loan is secured by a dwelling, someone
purchasing that dwelling cannot assume the remainder of the loan an
I I ana A the original terms.
See contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled
date and prepayment refunds and penalties. moommomm?
ose the person
out of use or av
on the reverse
or damage to the
to
me ru.......... ,.__..._._..- re_.
manufactured home end keepilinsud. • Lender may receive a portion of
this amount
X Menurectured Home ? ,156.00 Term 60 Mas. Other. S N/A Term -----Mos.
Physical Damage Ins. IDescribel
re hensr $ N/A Term ----Mos.
X hens S INCL. Term 60 Mos. aothe
Comprehensive on Home
INCL. Term 60-Mos. TOTALCHARGES $.156,00
x Fire and Theft S g
cost?P el ase read the NOTICE OFOPRiOPOSED CREDIT INSURANCEton theereverse side. Borrowers insurance certificatnldr pulley will Ieldicaleathe MAXIMgrUM amuuni of ^suranee
available.
By signing, Borrower selects Single Credit Life Insurance, What is Borrowers By signing, both Borrowers select Joint Credit Life What are
s $ N/A Borrowers aAes7
which costs S N/A age? Years Insurance, which cost
signature of Borrower to be insured for Single Credit Life Insurance
Si nature of both Borrowers to be insured far Joint Credit
Insurer. Life Insurance
DIRECT INSTALLMENT LOAN NOTE
DEFINITIONS: In this Note, the word 'Borrower" means each and all of those who sign
below and each and all of those who endorse the check which disburses the proceeds of
this loan.
The word "Lender means Tammac Corporation
or any person to whom this Note has been transferred.
BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender
S with interest on the unpaid balance from the date all funds are
completely advanced until paid in full. Interest shall be paid at the ratel:6.0000 % per
annum.
Borrower promises to make payments in accordance with the payment schedule stated in
this Note. Borrower promises to pay to Lender all other amounts which may boc?me due
under the terms of this Note, including, if applicable, Late Charges and Costs of Collection.
Borrower agrees to make payments at the place designated by Lender.
PAYMENT SCHEDULE: Borrower agrees to pay to Lender the a2o nnts due under this Note
In uninterrupted monthly payments: 144 payments of $
and a final payment, which will be billed by Lender, of all remaining unpaid nts.
Payments will be due on the same day of each month starting on 4/30/98
Payments will continue until all amounts due are paid.
The date that the final payment is scheduled in this paragraph to be due is called the
'Maturity Date' of this Nate.
LATE CHARGE:I I Not Applicable. I XI Borrower agrees that Lender may assess a late
charge for any payment not paid in full within 15 days of its due date. The late charge will
bathe GREATER at$ 20.00 or10.00 %ofthetatalemountofthe
payment which was not paid in full. No late charge will be due, however, if the reason that
the payment is late is either, (a) attributable to a late charge assessed on a prior payment; or
0) because, after default by Borrower, the entire outstanding balance on this Note is due.
I hat a will be imposed for any single scheduled payment.
MULTIPLE PARTIES: If there is more than one Borrower, each agrees to be responsible to
Lender, individually and together, for payment in full of this loan. Borrowers agree that
payment of all or part of the proceeds of this Note to any Bonower or to anyone else at the
direction of any Borrower will be the equivalent of payment to each Bonower and for the
heniafit of all Borrowers.
THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLEO•IN COPY OF
THIS NOTE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY
ALL THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantees
that the signature of any Borro((w??er is genuine.
1' 7 u •?1? ?t r? 3/30/98
?.,nr•es.X Borrower Date
Borrower Date
CO-MAKERS-SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower who
is designated as a Co-Maker agrees to be equally responsible with all other Borrowers for
the payment of this loan and performance of all promises in this Note.
Cc-Maker Date
Ca•Maker ^`?"'4
No more than one ate c g
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
ORIGINAL
rt
orem
NOnizaEonof Amount choked, see separate
I I See HUD4A
t
ELEASE OF SOME BORROWERS OR SGMfF SECURITY: If there is more than one
orrower, each agrees to remain bound by th!, Nate, although Lender may release any
ther Borrower or release of substitute ny property which is security for the repayment of
his Note. Borrower waives ell defenses based on suretyship and impairment of collateral
r security.
SECURITY INTEREST CHARGES: Borrower agrees to pay any recording, filing,
atisfaciian and encumbrance fees which may be charged. The charges are to repay
ender for the fees paid to public officials to protect, continue, or release any security
merest given in the Security Agreement or Mortgage.
ADDITIONAL PROVISIONS
COMPUTING INTEREST. Interest is computed on the basis of a I X 360•day I 1365-day R
year, consisting of twelve 30•day,months. The amount of interest included in the :utal of B
Payments as shown on the front side Of this Nate was based on the assumption that all o
eyments will he made as provided in the Payment Schedule. 11 any payment is late, more t
Pmerest will accrue. If Borrower pays early, less interest will accrue. Any increase or a
decrease La interest caused by late or early payments will he reflected in Borrowers last
payment, which =balance modified to reflect the amount then dua. Borrower may prepay all or
any Pan of the principal balance due at any time without penalty or premium. It Borrower s
makes a partial yrepayment, Borrower must continue to make payments according to the
Payment Schedule until the principal balance and all accrued interest are paid in full.
APPLICATION OF PAYMENTS: Lender will apply payments to satisfy interest, late
charges, fees and principal in the order as determined at the option Of
ems hin order in etLender,All regular P
which t
payments will be applied to the satisfaction of scheduled payments i
they become due.
WAIVER BY LENDER: If Borrower has made or makes in the future another loan agreement
with Lender, Lender might obtain a security interest in the principal dwelling of Borro er or
someone else to secure that other loan agreement. That Security Agreement may p "of "h epeeemenis of Bouawler with LeaderlLand" waivesrlAivesauDlany r phtttalclafm atsecuher
the interest in the principal dwelling of any person to secure Ihls Note unless the security
interest is specifically given to secure this Nate.
INTERES applicable law, interest at the rate
T AFTER MATURITY: Unless PtaM1i an t
provided in this Note shall continua to accrue an the e unpaid balance until paid in full, even
allowed by applicable law.
after (what her by acceleration or otherwise) maturity andlor if lodgment is entered against 'me n Borower for the amou Is dshall' nt that event anrd at that I mea for in this at he ahighestssate not
gem. tied r by law, nterest accrue
DEFAULT: (As used in this paragraph, the term 'Borrower' includes Borrowers, Co-Makers,
Guarantors, sureties, and any owner of property which is security for this Note.l Borrower
will be in default:
(a) if Borrower does not make any payment before or on the date it is due; or
roll if Borrower fails to keep any promise made in this Note or defaults in any other note,
loan or agreement with Lender; or this
Note (c) any anyone omise made the Secu ty Agreement or Mortgage; eincluding but not I mired to Agreement or a the promise not to sell, give away or transfer title to the property which is the subject
of the Mortgage or security interest; or
(it) if any property in which Lender has obtained a security interest to secure this Nate is
lost, stolen (and not recovered within a reasonable time) at destroyed; or orrow (e) appicati neorany thercenlficateordocumentgivenormadeforthisloan; fha credit
Ill upon the death of Borrower or any one of them, if there is more than one; or
(g) if Borrower provides Lender with false information or forged signatures at any time; or
N If a court with proper jurisdiction to do so finds that Borrower, or any one of them, is
incapacitated.
If Borrower is in default, the entire outstanding balance on this Note shall be immediately
due, at the option of the Lender. This will happen without any prior notice to Borrower, or
right to cure, except as may be required by law.
Borrower will also be in default:
(l if Borrower becomes insolvent andlor cannot pay Borrower's debts as they become
due; or
of if any other creditor tries by legal process to take any money or property of Borrower in
the Lender's possession; or
(k) if Borrower files a bankruptcy petition or if anyone files an involuntary bankruptcy
against Borrower; or
0) r Borrower makes t, ht adfor the ntreceivership,dtrusteeshipniiquidation or
other lega or equitable arrangement,
other legal l or equitable proceedings are instituted by or against Borrower; or
(m) if any judgment, tax lien, municipal charge or tax levy is filed or writ of execution is
issued against Borrower.
If any event described in GL6), IRL (I), or (m) happens, the entire outstanding balance an this
Note shall be immediately due without any prior notice to Borrower, or right to cure, except
as may be required by law.
A default by Borrower on this Nate is a default on every other note, loan or agreement of
'th Lender
ROPERTY INSURANCE: If property insurance andlor flood insurance is required under
his Note, a Mortgage, or a Security Agreement, Borrower may obtain property andlor flood
nsurance from anyone that is acceptable to Lender. If flood insurance is required,
Borrower has been separately notified.
PREPAYMENT: Borrower may prepay, in full or in part, the amount owed an this Note at
any time without penalty. If Borrower prepays the loan in part, Borrower agrees to
continue to make regularly scheduled payments until all amounts due under this Note are
paid.
BORROWER MAKES THE FOLLOWING ADDITIONAL PROMISES TO LENDER: (a) to
pay all taxes due on the Manufactured Home; (b) to allow Lender the right to inspect the
Manufactured Home at any reasonable time, and to maintain the Manufactured Home in
good condition and repair, reasonable wear and tear excepted; (c) to keep the
Manufactured Home fully Insured against loss or damage, as provided in the Security f
Agreement andfor Mortgage; (d) to pay ail filing fees necessary for tender to obtain and
maintain its security interest. If Borrower fails to honor the promises to maintain insurance
in affect, or to pay filing fees, taxes or the costs necessary to keep the Manufactured }
Home in good condition and repair, lender may, if Lender alone chooses, advance any ,
sums Borrower promised to pay and obtain insurance. If Borrower fails to maintain the
required insurance and provide Lender with evidence of that insurance, Lender may obtain
insurance will be
insurance
acover to mount anotrgrfeater than the Borrower owes m an this Such Note. Any amount
limited to to
Lender advances an Borrower's behalf will be added to the balance an which Lender
imposes the interest rate of this Note, it permitted by law, and will be repayable, as Lender i
alone may specify: (ill immediately on demand; or fill along with the monthly payments. If
Lender chooses to allow Borrower to repay the amounts advanced in installments, and if
permitted by law, Borrower agrees that lender will increase the amounts of the monthly I
Payments in an amount sufficient to repay the amount Lender advanced at the interest rate l
of this Note, in substantially equal payments from the date of the payment change over a
term which Lender will choose but which will not be longer than the remaining term of this
Note. Lenders payments on Borrower's behalf will not cure Borrower's failure to perform
Borrower's promises in this Note. Borrower's promises made and Lender's rights set forth
in this section shall not merge with any judgment entered in any legal action and shall apply
until all amounts owed are paid in full.
LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives
tender the right to sign Borrower's name an any check or draft from an insurance
company. This is limited to a check or draft in payment of returned premiums or benefits
under credit life insurance or credit disability insurance, insurance covering property which surance
that attorney in tfor this loan or act for Barrowerwa in IM1e tali p whet toe endorse checks art drafts. appoints Lender as
COSTS OF COLLECTION: If Borrower is in default under this Nate and Lender files suit, or
takes other action to collect this loan or protect the Manufactured Home, Borrower agrees
to pay costs of suit and, if permitted by law, reasonable attorneys' fees and expenses.
SECURITY INTEREST IN DEPOSITS: The Lender may set-off any amounts due and
unpaid under this loan against any of Borrower's money an deposit with Lender. This
includes any money which is now at may in the future be deposited with Lender by
Borrower or with any cc-depositor, including Borrower's spouse. This also includes any
property, credits, securities, or money of the Borrower, which may at any time be delivered
to or in the possession of the Lender. This may be done without any prior notice to
Borrower.
Borrower wt ASSIGNMENT: Borrower may not assign or otherwise transfer Borrower's right sund`r
GENERAL WAIVER PROVISIONS: Borrower waives presentment for payment, demand,
protest, notice of protest, dishonor and all other notices of demands in connection with the
delivery, acceptance, performance, default or enforcement of this Note. Borrower further
waives any right to require due diligence in collection by Lender.
DELAY IN ENFORCEMENT: Lender can delay enforcing any rights under this Nate without
losing any rights. Lender's failure to enforce any right under this Note shall not act as a
waiver of that right or preclude the exercise of that right in the event of a future occurrence
of the same event. Lender can also extend the time allowed for making payments, and such
extension shall not affect the obligations of any Borrower, whether or not that Borrower is
given notice of the extension.
this Nate to anyone else. Lender eo to IsecurefthisrNote nandthis Borrower's ights and
Agra ement andlor Mortgage given
ablipatians under this s Note will continua unchanged.
he binding upon PERSONAL he Borrower, ad REPRESENTATIVES he heirs and per oo art representatives of the Bartower.
GOVERNING LAW PROVISION: This Note and its validity, construction and enforceability
shall be governed by the laws of Pennsylvania, except to the extent that such laws have
been preempted or superseded by federal law.
NOTICE OF PROPOSED CREDIT INSURANCE
coverage will of xhlplicahle to this Noie i?so marked ton thepfront side of this No te, co Care such /or type of coverage will Ibe wriuand cn by the ihsurance
chargenlsindicated fo•Ieach type of credirinsura ce to he the su put hascd. Ther erin only the the e.^.surame •rS!!thoe request or mmencef- of hlendai^ihe'ndebiedness is accetance t.
there wl be the delivered and the nsrired de6tora ccnificale oatur f insurance more (ally Jeserlbing thube to e insurance pin the event of prepaymai?d en prepayment the indebtedn ss, a refund
FORIdrNPG2 charged will be made when due.
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to.
Be sure you can afford to pay if you have to, and that you want to accept this responsibility also have to pay late fees or
You may have to pay up to the full amount of the debt if the Borrower does not pay. You may
collection costs, which increase this amount.
The Lender can collect this debt from you without first trying to collect from the Borrower. The Lender can use the same
collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever in derault, that fact
may become a part of your credit record. 11 „etc nm nv.FF.NSF.S
PAS43•I L 0011981
..r®i ?nars®sel?
Exhibit E- S
DOWN PAYMENT CERTIFICATION
DATE: 4A2Z9Z-
TO: TAMMAC CORPORATION
1140 ROUTE 315
WILKES-BARRE, PA 18711
I/We hereby certify that a total cash payment of $ 4,000.00
has been paid to the SELLER/BROKER as a down payment for the purchase
of a 1985 LIBERTY 14870 A36759485
(description of collateral) serial x
Signed under the pains and penalties of perjury.
BUYER:
STEVEN E SENSENIG
CO-BUYER:
CO-BUYER:
CO-BUYER:
BROKER/SELLER: ? '/?/??? ILL
BY:
DWNPTCRT
c
co
? o
o`
N 1
H ?.
m
2 °
W =a
n m
Wa¢
Nom
CO
^I4 N'
?U
L
m
ti
m n,T
C.0
?°Fg
p y°° 7
n
m
j ?.
.. - i ..? ?. .. 1. i?
Exhibit F
' N' - "' LMENT LOAN TRUTH IN LENDING DISCLOSURE NOTICE:[ I If checked, see separate
DIRECT I
Manufactured Home (Fixed Rate) Itemization at Amount Financed
•
Date: 4/10/98 1 I See HUD•lA
ar:Tgmmac• Corporation
Itemization of Amount Financed
?Ng?N pp??
C
'
N FINANCE Amount Financed
E edit Total of Payments
nt the Borrower will
after Borrower has inanced
14,120.50
$
E:NTAGE
ER
I CHARG
credorrower or
amount the
s behalf.
dollar
Th
e ayments as scheduled. t gi ven directly to Borrower
he cost of the Borrower.
the
cast
will N /A
,
forrower's credit as a
early rate.
7120.50
209
23
37 , 330.20
nt paid an Borrower's account
000.00
13
16.OOD @ .
, ,
e m ans an s ima a nt retained by Lender for
Borr w e h dui ill
Amount of Pa menu When Pa ments Are Due
ing Costs
60.00
Number of Pe merits
1 SO 207.39 Monthly, beginning MAY 10, 1998 nt paid to others on Borrower'
N/A
blic officials
Lander is getting a security interest in deposits or Late Charge: I I Not Applicable. I X I II a payment is not made
security: Lender, and: within 15 days of its due date, Borrower may be charged the
property held Lend
l l Imanufactured Harris being purchased. GREATER of $ 20.0000-013 % of the
1Nane. total amount of the payment which was not paid in full.
( I Real Estate. l I Prepayment: If Borrower pays off early, Borrower will not have to
pay a penalty. Applicable. I I The
Required Deposit alliance: IX I Nat App
In addition, collateral (other than Borowers principal residence) Annuired deposit ual Percentage balance. Rate does not take into account Barrower s
securing other obligations to Lander may also secure this Note. req Assumption: If this loan is secured by a indwelling, someone
Security Interest Charges: purchasing that dwelling cannot assume the remainder of the loan on
I I None 1 X 1 Filing Fees S 5.00 the original terms.
See contract documents for any d additional information about nonpayment, default, any required repayment in full before the scheduled
data and prepayment refunds a
PROPERTY INSURANCE: Borrower may, choose the person through wham insurance is attained against loss of or damage to the
manufactured home and against liability arising out of use or ownership of the manufactured home.lf Borrower obtains pprorigtiy insurance
C rougLender, e REMIZATIONsOF AMOUNT FINANCED sectiontof thise lstallincluded Loan. In the sectionicalled BOR ROW ED MAKES
manufa?ILOWIaNG ADDITIONAL ROMISES TO LENDER on the reverse side of his contract, Borrower promises to insure the
d N/A Term
X. Manufactured Henre 4 998.00 Term 6i-Mos. Other
? j?cnhel
- Physical Damage Its. d H/A Term ---Mos.
INCL. Temp 60 Mos. Other
X Comprehensive on s -j6escnbe)
Manufactured Home 998.00
X Fire and Theft
$ INCL.
Teim 604os. TOTAL CHARGES S
(bl to Credit Insurance Company'
S N/A
(en to Property Insurance Company
$ 998.00
(into Tammac Corp
S N/A
lento Tammac CrIlt
$ 35.00
(f)to Title/Reg
$ 22.50
(g) to
5
(h)tc Sales Tax N/A
$
pro Filing Fees
$ 5.00
Prepaid Finance Charge
$
Lender may receive a ponian of
this amount
... ...... m may the additional
OFOP80P0 ED CREDIT INSURAINCEtangtha reverse
credit, and win not car pmwuuu um,co+."...... ° -- --thhe rs MAXIMUM amount o insurance
i. Borrower's insurance certificate or policy will in state
avanamiu.
What is Barrower:
By sipping, Borrower selects single Credit Life Insurance, ago? Years
which costs S N/A Signature of Borrower to be insured for single Credit Life Insurance
signing, both Borrowers select joint Credit Life What are
Insurance, which costs $ N /_' Borrowers ages?
msurur.
DIRECT INSTALLMENT LOAN NOTE owes, DEFINITIONS, Note, the word 'Sort
below and eachla droll of those who endorse the check swhich disburses the proceeds i of each and all of these who this loan.
The word *Lender" means Tammac Corporation
or any person to whom this Note has been transferred. ay to BORROWER'S PROMISE with PAY: To interest ronathehunpaid balanceefromrthe date pall fu ds are
$
completely advanced until paid in full. Interest shall he paid at the ratel6 • 0000 X per
annum.
Borrower promises to make payments in accordance with the payment schedule state in
all other amounts this Note. Borrower promises to pay to Lendlcable, Late Charges and which Costs of Collection. Illp under the terms of this Note, including, if I
Borower agrees to make payments at the place designated by Lender.
PAYMENT SCHEDULE: Barrows( agrees to pa payments Lender the amounts 207 39 under this Nate
in uninterrupted monthly payments: 180 p Y $
and a final payment, which will be billed by Lender, of all remaining 5 ?'idd am amounts/98.
Payments will he due on the same day of each month starting on
Payments will continue until all amounts due are paid.
The data that the final payment is scheduled in this paragraph to be due is called the
"Maturity Date" of this Note.
LATE CHARGE: I I Not Applicable. l X( Borrower agrees that Lender may assess a late
charge for an payment not paid in fu20with 00 1 oa 1y0 .f 0its 0 due date. The
% of the totalaamount of t e
be the GRATER of $
payment which was not paid in full. No late charge will he due, however, it the reason That
the payment is late is either. le) attributable to a late charge assessed on a prior payment; or
(b) because, after default by Bonower, the entire outstanding balance on this Note is due.
Y h im eased for any single scheduled payment.
MULTIPLE PARTIES: If there is more than one Borrower, each agrees to be responsible to
Lender, individually and together, for payment in full of this loan. Borrowers agree that
payment of all or part of the proceeds of this Note to any Borrower or to anyone also at the
direction of any Borrower will he the equivalent of payment to each Borrower and for the
benefit of all Borrowers.
THE ADDITION..".L PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED-111 COPY OF
THIS NOTE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY
ALL THETERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantee:
that the signature of any Borrower is genuine.
4/10/98
Dan
Borrower Dat
CO-MAKERS-SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower wl
is designated as a Co-Maker agrees to be equally responsible with all other Borrowers f
the payment of this loan and performance of all promises in this Note.
Co•Maker Oa
Co•Maker U'
No mote than one late charge wi e NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ollreeaAxcoxsuuteSERVICE. i
ADDITIONAL PROVISIONS
COMPUTING INTEREST: Interest Is computed on the basis of a( X 360•day 11365•day
year, consisting of twelve 30-day months. The amount of interest included in the Total of
Payments as shown on the front side of this Note was based an the assumption that all
ayments will he made as provided in the Payment Schedule. If any, payment is late, more
f latest will accrue. If Borrower pays early, less interest will accrue. Any increase or
decrease in interest caused by late or earl payments will be reflected in Borrowers last
payment, which will be modified to reflect amount then due. Borrower may prepay all or
any pan of the principal balance due at any time without penalty or premium. 11 Borrower
makes a partial prepayment, Borrower must continue to make payments according to the
Payment Schedule until the principal balance and all accrued interest are paid in full.
APPLICATION OF PAYMENTS: Lender will apply payments to satisfy interest, late
charges, fees and principal in the order a determined at the option of the Lender, All regular
payments will be applied to the satisfaction of scheduled payments in the order in which
they become due.
WAIVER BY IENDER:If Borrower has made at makes in the future another loan agreement
with Lender, tender might obtain a security interest in the yrincipal dwelling of Borrower or
someone also to secure that other loan agreement. That Security Agreement may provide
that the principal dwelling secures not only that other loan agreement but also all other loan
agreements of Borrower with Lender. Lender waives (gives up) any right to c;aim it security
interest in the principal dwelling of any person to secure ibis Note unless the security
interest is specifically given to secure this Note.
INTEREST AFTER MATURITY: Unless prohibited by applicable law, interest at the rate
provided in this Nate shall continue to accrue an the unpaid balance until paid in full, even
after (whether by acceleration or otherwise) maturity andlor if judgment is entered against
Borrower for the amounts due. If at any time interest as provided for in this paragraph is not
permitted by law, interest shall, in that event and at that time, accrue at the highest rate
allowed by applicable law.
DEFAULT: (As used in this paragraph, the term *Borrower" includes Borrowers, Co-Makers,
Guarantors, sureties, and any owner of property which is security for this Note.) Borrower
will be in default:
(a) if Borrower does not make any payment before or on the date it is due; at
(b) if Borrower fails to keep any promise made in this Note or defaults in any other note,
loan or agreement with lender; or
(c) if anyone who signs the Security Agreement or a Mortgage securing this Note breaks
any promise made in the Security Agreement or Mortgage; including but not limited to
the promise not to sell, give away or transfer title to the property which is the subject
of the Manage or security interest; or
(d) if any property in which Lender has obtained a security interest to secure this Note is
lost, stolen (and not recovered within a reasonable time) or destroyed; or
(e) if Borrower has made any untrue statement or misrepresentation in the credit
application or any other certificate or document given or made for this loan; at
(f) upon the death of Borrower or any one of them, if there is more than one; or
(g) if Borrower provides Lender with false information or forged signatures at anytime; or
ml if a court with proper jurisdiction to do so finds that Borrower, or any one of them, is
1116dpol.1.1...
If Borrower is in default, the entire outstanding balance on this Note shall be immediately
due, at the option of the Lender. This will happen without any prior notice to Borrower, or
right to cure, except as may be required by law.
Borrower will also be in de atilt:
(I) if Borrower becomes insolvent andlor cannot pay Borrower's debts as they become
due; or
fj) if any other creditor tries by legal process to take any money or property of Borrower in
the Lenders possession; or
Ikl if Borrower files a bankruptcy petition or if anyone files an involuntary bankruptcy
against Borrower; or
0) if Borrower makes an assignment for the benefit of creditors, or any insolvency,
reorganization, arrangement, debt adjustment, receivership, trusteeship, liquidation or
other legal or equitable proceedings are instituted by or against Borrower; or
(m) if any judgment, sax Tien, municipal charge at tax levy is filed or writ of execution is
issued against Borrower.
If any event described in G1,6), Oil, (0, or (m) happens, the entire outstanding balance on this
Note shall be immediately due without any prior notice to Borrower, or light to cure, except
as may be required by law.
A default by Borrower an this Note is a default on every other note, loan or agreement of
GENERAL WAIVER PROVISIONS: Borrower waives presentment for payment, demand,
protest, notice of protest, dishonor and all other notices or demands in connection with the
delivery, acceptance, performance, default or enforcement of this Note. Borrower further
waives any right to require due diligence in collection by Lender.
DELAY IN ENFORCEMENT: Lender can delay enforcing any rights under this Note without
losing any lights. Lenders failure to enforce any right under this Note shall not act as a
waiver of that right or preclude the exercise of that right in the event of a future occurrence
of the same event. Lender can also extend the time allowed for making payments, and such
extension shall not affect the obligations of any Borrower, whether or not that Borrower is
given notice of the extension.
RELEASE OF SOME BORROWERS OR SOME SECURITY: II there is more than one
Borrower, each agraes to remain bound by this Note, although lender may release any
other Borrower or release or substitute any progeny which is security for the repayment of
this Note. Borrower waives all defenses base on suretyship and impairment of collateral
or security.
SECURITY INTEREST CHARGES: Borrower agrees to pay any retarding, filing,
satisfaction and encumbrance fees which may be charged. The charges are to repay
Lender for the fees paid to public officials to protect, continue, at release any security
interest given in the Security Agreement at Mortgage.
PROPERTY INSURANCE: If property insurance andlor flood insurance is requited under
this Note, a Mortgage, or a Security Agreement, Borrower may obtain property andlor flood
insurance from anyone that is acceptable to Lender. 11 flood insurance is required,
Borrower has been separately notified.
PREPAYMENT: Borrower may prepay, in full or in part, the amount awed an this Note at
any time without penalty. If Borrower prepays the loan in part, Borrower agrees to
continue to make regularly scheduled payments until all amounts due under this Nate are
paid.
BORROWER MAKES THE FOLLOWING ADDITIONAL PROMISES TO LENDER: (a) to
pay all taxes due an the Manufactured Home; IN to allow Lender the right to inspect the
Manufactured Home at any reasonable time, and to maintain the Manufactured Home in
good condition and repair, reasonable wear and tear excepted; (c) to keep the
Manufactured Home fully insured against lass or damage, as provided in the Security
Agreement andlor Mortgage; (d) to pay all filing fees necessary for Lender to obtain and
maintain its security interest. If Borrower fails to honor the promises to maintain insurance
in effect, or to pay filing foes, taxes at the costs necessary to keep the Manufactured
Home in good condition and repair, Lender may, if Lender alone chooses, advance any
sums Borrower promised to pay and obtain insurance. If Borrower fails to maintain the
required insurance and provide Lender with evidence of that insurance, Lender may obtain
insurance to cover loss or damage to the Manufactured Home. Such insurance will be
limited to an amount not greater than what Borrower awes an this Note. Any amount
Lender advances on Borrower's behalf will be added to the balance an which Lender
imposes the interest rate of this Note, if permitted by law, and will be repayable, as lender
alone may specify: (i) immediately on demand; or Gil along with the monthly payments. If
Lender chooses to allow Borrower to repay the amounts advanced in installments, and if
permitted by law, Borrower agrees that Lender will increase the amounts of the monthly
payments in an amount sufficient to repay the am:cnt Lender advanced at the interest rate
of this Note, in substantially equal payments from the date of the payment change over a
term which Lender will choose but which will not be longer than the remaining term of this
Nate. Lender's payments on Borrower's behalf will not cure Borrowers failure to perform
Borrower's promises in this Note. Borrower's promises made and Lenders rights set forth
in this section shall not merge with any judgment entered in any legal action and shall apply
until all amounts owed are paid in full.
LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives
Lender the right to sign Borrower's name an any check or draft from an insurance
company. This is limited to a check or draft in payment of returned premiums or benefits
under credit life insurance at credit disability insurance, insurance covering property which
is security for this loan or flood insurance. This means that Borrower appoints Lender as
attorney-in-fact for Borrower with the full power to endorse checks or drafts.
COSTS OF COLLECTION: If Borrower is in default under this Note and Lender files suit, or
takes other action to collect this loan or protect the Manufactured Home, Borrower agrees
to pay costs of suit and, if permitted by law, reasonable attamays' fees and expenses.
SECURITY INTEREST IN DEPOSITS: The Lender may setoff any amounts due and
unpaid under this loan against any of Borrower's money on deposit with lender. This
includes any money which is now or may in the future be deposited with Lender by
Borrower or with any co-depositor, including Borrowers spouse. This also includes any
property, credits, securities, or money of she Borrower, which may at any time be delivered
to or in the possession of the Lender. This may he done without any prior notice to
Borrower.
ASSIGNMENT: Borrower may not assign or otherwise transfer Borrower's rights under
this Note to anyone else. Lender may sell, transfer, or assign this Note, and any Security
Agreement andlor Manage given to secure this Note, and Borrower's rights and
obligations under this Note will continue unchanged.
HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of this Nate shall
be binding upon the Borrower, and the heirs and personal representatives of the Borrower.
GOVERNING LAW PROVISION: This Nate and its validity, construction and enforceability
shall be governed by the laws of Pennsylvania, except to the extent that such laws have
been preempted or superseded by federal law.
NOTICE OF PROPOSED CREDIT INSURANCE
The Signer(s) of this Note hereby takes notice that Group Credit Life Insurance covera a and/or Group Credit Accident and Health Insurance
coverage will be aFFpplicable to this Note s?so marked on the front side of this Note, and eac? such type of coverage will be written by the insurance
company named. Tfiis insurance, subject (o acceptance byy the insurer covers only the person signing the request for such insurance. The amount of
charge is indicated for each type of credit insurance [o be purchase) The term of rise insurance wrli commence as of the date the indebtedness is
incurred and will expire on the original maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days, there will be
delivered to the insured debtor a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund
of insurance charged will be made when due.
FORM NPG-52
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to.
Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or
collection costs, which Increase this amount.
The Lender can collect this debt front you without first trying to collect from the Borrower. The Lender can use the some
collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt Is ever in default, that fact
may become a part of your credit record.
PAS42.1 L 101ne1
DOWN PAYMENT CERTIFICATION
DATE: v
i
f
I TO: TAMMAC CORPORATION
I - 1140 ROUTE 315
WILKES-BARRE, PA 18711
I/We hereby certify that a total cash payment of $ 2,000.00
has been paid to the SELLER/BROKER as a down payment for the purchase
of a 1984 SKYLINE 14X70 221108477
(description of collateral) serial n
Signed under the pains and penalties of perjury.
BUYER: ellow
CHAD "J STEVENSON
CO-BUYER:
CO-BUYER:
CO-BUYER:
222, ROKER/SELLER: 044 -/L -y .1-,
B
i
BY:
OWNPTCftT
I
J
I
? 1.
rim..
IN 'f
11
FI
--
354
CHAOWYCKEJ. STEWNSON 6.95 3
1
fi
' y.i•?'
:
?OJ
PaY •
,
/ Q ^ ((? ?7 ??? ,.•
T l
. I $ q QUD
•C
m W ord?er of^
s
V .LlYY}' ?
\ /?L[.dLf?.ti/f ?_ ? • ..,"'.r r? /
OVI I s r e ? o""`"^.....
?IO ?®/?i?Yi76
M...
::2313756301: 0908 ?171u' 0354
911,12
Exhibit H
a
. , DIRECT INS ENT LOAN TRUTH IN LENDING DISCLOSURE 46
anufactured Homo (Fixed Rate)
ammao Gprporation Date: 4111/ao
fit
(C p
RGE Amount Financed
The amount of credit Total of Payments
The amount the Borrower will
r has
B
f
AGE
fE ollar amount the credit
Tha Provided to the Borrower or
on the Borrower's behalf. orrowe
ter
have paid a
made all payments as scheduled.
cost of the I
ost the Borrower.
ower's credit a
lyrate.
16.00 26,fi56.66 $ 21,243.50 $ 47,900.16
rraw r' Payment Schedul will bas e means an estima
umber of Pa ments Amount of Payments When Payments Are Due
144 $ 332: 64 Monthly, beginning
Security: Lender is getting a security interest in deposits or
property held by Lender, and:
I I None. I I Manufactured Home being purchased.
I I Real Estate. f I
In addition, collateral (other than Borrower's principal residence)
securing other obligations to Lender may also secure this Note.
Security Interest Charges:
N f X I Filino Fees It 5.00
Late Charge: ( I Not Applicable. I X I If a payment is not made
within 15 days of its due date, Borrower may he charged the
GREATER of s 20.00 or 10.00 % of the
total amount of the payment which was not paid in full.
Prepayment: If Barrawer pays off early, Borrower will not hays to
pay a penalty.
Required Deposit Balance: IX I Not. Applicable. ( I The
Annual Percentage Rate does not take into account Borrower's
required deposit balance.
Assumption: If this loan is secured by a dwelling, someone
purchasing that dwelling cannot assume the remainder of the loan on
the original terms.
( I one
See contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled
date and prepayment refunds and penalties.
NOTICE1 I If checked, see separate
itemization of Amount Financed
I I Sae HUD•1A
••"•• ••• -• -- -d- -- ---
PROPERTY INSURANCE: Bauower may, choose the person through whom insurance is uuaainaa dydnu, I
manutacturedhome and against liability erissnp out of use or ownership of the manufactured home. If Borrower obtains pppraprtrteyrtyy insurance
Cam panty of the ITEMIZATIONsOF AMOUinsurance CED sectiontof this Installment Loan. to the seclonlcalled BUNBOWEB MAKES
ROMISES TO LENDER an the reverse side of this Contract, Borrower promises to insure the
THEpro LOWING ADDITIONAL ii
X Manufactured Hama 221.00 To rm 60_M os. Other S N/A Term ? - ?sorihe)
Physical names ins.
_Mos.
X $ N/A Term
comprehensive on S INCL. Term 60 Mos. -Other
Manufactured Home (Describe)
INCL. Term 60 Mas. TOTAL CHARGES 31 .221 • 00
X Fire and Thelt 5
additional
CREDIT INSURANCE IS NOT REQUIRED: Credit Life insurance is not required to obtain credit, and will not he provided unless Borrower siggnsicate the below and MAXIM agrees UM to pay amount the of insurance
cost. Please toad the NOTICE OF PROPOSED CREDIT INSURANCE on the rove rse side. Borrowar's insurance certificate or policy willind
available.
BoWhat are
By signing, Borrower selects Single Credit Life Insurance, What is Borrowers By signing, both Borrowers select Joint Credit Life
rrowers' ages?
which casts S_ N/A age7_years Insurance, which costs s N/A
Signature of Borrower to he insured for Single Credit Life Insurance
to
Insurer:
DIRECT INSTALLMENT LOAN NOTE
DEFINITIONS: In this Nola, the word "Borrower" means each and all of those who sign
below and each and all of (hose who endorse the check which disburses the proceeds of
this loan.
The word "Lender" means Tammac Corporation
or any person to whom this Note has been transferred.
BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender
with interest on the unpaid balance from the data all funds are
$
completely advanced until paid in full. Interest shall he paid at the ratelo6 .0000 % per
annum.
Borrower promises to make pslrertc in accordance with the payment schedule stated in
this Note. Borrower promises to pay to Lender all other amounts which may become due
under the terms of this Note, including, if applicable, Late Charges and Costs of Collection.
Borrower agrees to make payments at the place designated by Lender.
PAYMENT SCHEDULE: Borrower agrees to pay to Lender the a3o nets due under this Note
in uninterrupted monthly Payments: 144 payments of $
and a final payment, which will be billed by Lender, of all remaining 5 ?;id amouunts.
Payments will be due an the same day of each month starting on
Payments will continue until all amounts due are paid.
The date that the final payment is scheduled in this paragraph to be due is called the
"Maturity Date" of this Note,
LATE CHARGE: I I Not Applicable.I X( Borrower agrees that Lender may assess a late
charge for any payment not paid in full within 15 days of its due date. The late charoa will
bathe GREATER of S 20.00 or 10 , 00 % of the total amount of the
payment which was not paid in full. No late charge will he due, however, if the reason that
the payment is late is either. (a) attributable to a late charge assessed on a prior payment; or
(b) because, after default by Borrower, the entire outstanding balance an this Note is due.
No more than one late charge will be imposed for any single scheduled payment.
PASt:a 1I01N51
MULTIPLE PARTIES: If there is more than one Borrower, each agrees to be responsible to
Lender, individually and together, for payment in full of this loan. Borrowers agree that
payment of all or part of the proceeds of this Nate to any Borrower or to anyone else at the
direction of any Borrower will be the equivalent of payment to each Borrower and for the
benefit of all Borrowers.
THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED-IN COPY OF
THIS NOTE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY
ALL THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantees
that then nature of any Borrower is genuine.
U /Anf Q ??AlLc?iun/t9 4/17/98
a Elate
Date
CO-MAKERS-SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower who
is designated as a Co-Maker agrees to be equally responsible with all other Borrowers for
the payment of this loan and performance of all promises in this Nate.
Ca•Maker Date
Co•Maker Date
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
ORIGINAL
e IAai BANCONSUMER SEANCE, INC.
Lender may receive a portion of
this amount
® ADDITIONAL PROVISIONS
1
s
;OMPUTINU INTEI{EST:Interast is computed on the basis of a I in 3ud day I I 365 of
tear, consislyg'of twelve 30-day months. The amount of interest included in the Total of
xeyments al shown an the front side of this Nate we; based on the assumption that all
oayments will he made as provided in the Payment Schedule. If any payment is late, more
nterasl will accrue. If Borrower pays early, less interest will accrue. Any increase or
lacreasa in interest caused by late ar early payments will he reffected in Borrower's last
aeyman6 which will 6e modified to reflect the amount then due. Borrower may prepay all or
any part of the principal balance due et any time without penally or premium. If Borrower
Hakes a Denial repayment, Borrower must continue To make payments according to the
xayment Schedule unttl the principal balance and all accrued interest are paid in full.
APPLICATION OF PAYMENTS: Lender will apply payments to satisfy interest, late
:herpes, fees and principal in the order as determined at tM1e option of the Lender. All regular
will he applied to the satislactian of scheduled payments in the order in which
7ayments
they became due.
WAIVEfl BY LENDER: If Borrower has made or makes in the future another loan agreement
with Lender, Lender might obtain a security interest in TM1a Drinciyat dwelling of Borrower or
someone else to secure that other loan agreement. That Securiity Agreement may provide
that the principal dwelling secures not only that other loan agreement but also all other loan
agreements of Barrawer with lender. Lender waives (AIVBS up) any sight to claim a security
interest in IM1e principal dwelling of any Dersan to secure this are unless the security
intetesl is specifically gwen to secure this Note.
INTEREST AFTER MATURITY: Unless Orahihited by applicable law, interest at the sale
pmvided in this Note shall continue to accrue on the unpaid halance until paid in full, even
alter (whether 6y acceleration or otherwise) maturity andfor it rudgmant is entered against
Borrowor for Iha amounts due.lf et any lima interest as atovme, tarru this paragraph is not
permitted by law, interest shall, in that event and at that lime, accrue at the highest rate
allowed by applicable law.
DEFAULT: (As used in this paragraph, the term "Borrower" includes Borrowers, Co-Makers,
Guarantors, sureties, and any owner of property which is security for this Note.) Borrower
will be in default:
(a) if Borrower does not make any payment before or on the date it is due; or
(b) if Borrower fails to keep any promise made in this Note or defaults in any other note,
loan or agreement with Lender; or
(c) if anyone who signs the Security Agreement or a Mortgage securing this Note breaks
any promise made in the Security Agreement or Mortgage; including but not limited to
the promise not to sell, give away or transfer title to the property which is the subject
of The Mortgage or security interest; or
(d) if any property in which Lender has obtained a security interest to secure this Note is
lost, stolen (and not recovered within a reasonable time) or destroyed; or
(e) if Borrower has made any untrue statement or misrepresentation in the credit
application at any other certificate or document given or made for this loan; or
(f) upon the death of Borrower or any one of them, if there is more than one; or
(g) if Borrower provides Lenderwith fae o information or
is
so finds that Borrower, or any one of time; hem or is
h1 if a court with proper jurisdiction t
incapacitateddet.
If Borrower is in aulb the entire outstanding balance an this Nate shall be immediately
due, at the option of the Lender. This will happen without any prior notice to Borrower, or
right to cure, except as may he required by law.
Borrower will also be in default:
GI if Borrower becomes insolvent andfor cannot pay Borrower's debts as they become
due; or
G) if any other creditor tries by legal process to take any money or property of Borrower in
the Lenders possession; or
(kl if Borrower files a bankruptcy petition or if anyone files an involuntary bankruptcy
against Borrower; of
(II if Borrower makes an assignment for the benefit of creditors, or any insolvency,
reorganization, arrangement, debt adjustment, receivership, trusteeship, liquidation or
other legal or equitable proceedings are instituted by or against Borrower; or
(m) if any judgment, tax lien, municipal charge or tax levy is filed or writ of execution is
issued against Borrower.
It any event described in GI.GI, lkl, (I), or (m) happens, the entire outstanding balance an this
Nnta shall he immediately due without any prior notice to Borrower, or right to cure, except
by law.
war on this Note is a default on every other note, loan or agreement of AIVER
entment
orrower
ive
SIONS:
for proNespA oticfe of Pro esstt,, dlisho or and all other off ces arsdemands in connect on we hathe
delivery, acceptance, performance, default or enforcement of this Note. Borrower further
waives any right to require due diligence in collection by lender.
DELAY IN ENFORCEMENT: Lender can delay enforcing any rights under this Note without
losing any rights. Landers failure to enforce any right under this Note shall not act as a
waiver al that right at preclude the exercise of that right in the event of a future occurrence
of the same event. Lender can also extend the time allowed for making payments, and such
extension shall not affect the obligations of any Borrower, whether or not that Borrower is
given notice of the extension.
RELEASE OF SOME BORROWERS OR SOME SECURITY: If there is more than one
Borrower, each agrees to remain bound by this Note, although Lender may release any
other Borrower or release or substitute any properly which is securily for the repayment of
this Note. Borrower waives all defenses based on suretyship and impairment of collateral
or security.
SECURITY INTEREST CHARGES: Borrower agrees to pay any recording, filing,
satisfaction and encumbrance fees which may he charged. The charges are to repay
given in the Security Agreement of Martpapec6 continue, or release any security
iendder I(th fees paid to
PROPERTY INSURANCE: If property insurance andlor Hord insurance is required under
this Note, a Mortgage, or a Security Agreement, Barrawer may obtain property andlor flood
insurance from anyone that is acceptable to lender. If flood insurance is required,
Borrower has been separately notified.
PREPAYMENT: Borrower may prepay, in full or in part, the amount owed an this Note at
sclhedBorrower prepays the loan in uled payments until all amounts due undervthis agrees
ote are
regularlpenalty.
continue time ta make without
paid.
BORROWER MAKES THE FOLLOWING ADDITIONAL PROMISES TO LENDER: la) to
pay all taxes due on the Manufactured Home; (hl to allow Lender the right to inspect the
Manufactured Home at any reasonable lime, and to maintain the Manufactured Home in
good condition and repair, reasonable wear and tear excepted; (c) to keep the
Manufactured Home fully insured against loss or damage, as provided in the Security
Agreement andfor Mortgage; (d) to pay all tiling fees necessary for Lender to obtain and
maintain its security interest. If Borrower fails W honor the promises to maintain insurance
in effect, or to pay filing tees, taxes or the casts necessary to keep the Manufactured
Home in good condition and repair, Lender may, if Lender alone chooses, advance any
sums Borrower promised to pay and obtain insurance. It Borrower fails to maintain the
required insurance and provide Lender with evidence of that insurance, Lender may obtain
insurance to cover lass or damage to the Manufactured Home. Such insurance will be
limited to an amount not greater than what Borrower owes an this Note. Any amount
Lender advances an Borrower's behalf will be added to the balance on which Lender
imposes the interest rate of this Note, if permitted by law, and will be repayable, as Lender
alone may specify: ill immediately an demand; at (if) along with the monthly payments. If
Lender chooses to allow Borrower to repay the amounts advanced in installments, and if
permitted by law, Borrower agrees that Lender will increase the amounts of the monthly
payments in an amount sufficient to repay the amount Lender advanced at the interest late
of this Note, in substantially equal payments from the date of the payment change over a
term which Lender will choose but which will not be longer than the remaining term of this
Note. Lender's payments on Borrower's behalf will not cure Borrower's failure to perform
Borrowers promises in this Note. Borrowers promises made and Lenders rights set fanh
in this section shalt not merge with any judgment entered in any legal action and shall apply
until all amounts owed are paid in full.
LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives
tender the right to sign Borrowers name an any check or draft from an insurance
company. This is limited to a check or draft in payment of returned premiums or benefits
under credit life insurance or credit disability insurance, insurance covering property which
in fact for Borrower with the full power to endorse checks or draftsints Lander as for this loan or flood insurance. attorney
COSTS OF COLLECTION: If Borrower is in default under this Note and Lender files suit, at
takes other action to collect this loan or protect the Manufactured Home, Borrower agrees
to pay costs of suit and, if permitted by law, reasonable attrimays'tees and expenses.
SECURITY INTEREST IN DEPOSITS: The Lender may set-off any amounts due and
unpaid under this loan against any of Borrower's money on deposit with Lender. This
includes any money which is now or may in the future be deposited with Lender by
Borrower or with any co-depositar, including Borrower's spouse. This also includes any
property, credits, securities, or money of the Borrower, which may at any time he delivered
to or in the possession of the Lender. This may be done without any prior notice to
Borrower.
ASSIGNMENT: Borrower may not assign or otherwise transfer Borrowers rights under
this Note to anyone else. Lender may sell, transfer, at assign this Note, and any Security
Agreement andfor Mortgage given to secure this Note, and Borrower's rights and
obligations under this Note will continue unchanged.
shall
HEIRS
upon PERSONAL he BouawerP and the heirs and personal representatives of he Borrower.
he b
GOVERNING LAW PROVISION: This Note and its validity, construction and enforceability
shall be governed by the laws of Pennsylvania, except to the extent that such laws have
been preempted or superseded by federal law.
NOTICE OF PROPOSED CREDIT INSURANCE
The Signer(s) of d1is. Note 1lereby cake(s) notice that Group Credit Life Insurance covera a and/or Group Credit Accident and Health Insurance
coverage w111 6e apPltcable to this Note tf so marked on ythe front side of this Note, and uac such type of coverage will be written by the insurance
chargenls indlcaieJ forteach n[[yycpe of credii insura^ce io betpurchase?. Theric m'ufhlte insurance wglldcommencefas of the daicnthe lndebiedness is
III
thelinsured debtolr a cergiifate f insyurancc more fully describing tree ntsuranceeplnihc event of prepeym n otfhthe indebiedncss ea refund
delivered to
FORM NPG 52 rged will be made when due.
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. It the Borrower doesn't pay the debt, you will have to.
Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or
collection costs, which increase this amount.
The Lender can collect this debt from you without first trying to uch collect from the Borrower. The Lender can d use the same
collection methods against you that can be used against the Borrower, s as suing you, etc. If this debt is ever in default, that fact
may become a part of your credit record.
PAS42•1 LIAllDel
DOWN PAYMENT CERTIFICATION
DATE: //r
TO: TAMMAC CORPORATION
1140 ROUTE 315
WILKES-BARRE, PA 18711
Me hereby certify that a total cash payment of $ 2,200.00
has been paid to the SELLER/BROKER as a down payment for the purchase
ofa 1982 CHAMPION 14X70 1928148941
(description of collateral) Semi 9
Signed under the pains and penalties of perjury.
BUYER:
AEAN A WACLAWSKI
CO-BUYER:
CO-BUYER:
CO-BUYER:
BROKER/SELLER: zlak„ f P'e- es'
BY: -?--
DMPTCRT
t
I
0889
l: 2313B&B 7B(: 0000
qL
.xw•.? X23' ??
66680717!17
?•... eMNGI I
1vZCl
FEDERALCRDIT
?•?;( ?yyl t «'erK: ;
IxySWINxW1610EE1
?m??w+r.rtNxsnvlNU carol
For 2g700S OBB9
JEAN A. WACLAWSKI
SO E. WALNUT STSEET
PLYMOUTH. PIA 1B6 1 ?
Fey to the elL?.J
Ordcrof lz
i
' Exhibit J
DIRF 'NSTALLMENT LOAN TRUTH-IN-LENDING DISCLOr -'7E
Manufactured Home (Fixed Rate)
Lender:TammaC Corporation Date: 3/9/98
NOTICE[ I if checked, see separate
Itemization of Amount Financed
I1SooHUD-IA
pNN p?
PERCENTAGE FINANCE
ed
CHARGE Total of Payments Itemization of Amount Financed
{ RATE dit
The dollar amount the creprovided to rrower ar The amount the Borrower will
have paid after Borrower has Amount Financed
! The cost of the
Borrower'scredit as a
will cost the Borrower, behalf.
n 1made
made all payments as scheduled.
$ 11 522
.50
yearly rate. (t) Amount given direct)
Y to Borrower
17.000,q
$ 9,629.122.50
$ 21 ,151.68
$ N/A
(2) Amount paid on Borrowersaeeount
Tha B « w r Pa men S chedule will he: $ 10,500.00
NumherofPa menu
Amount of Payments When Pa mentsAreOue mans an estima
171 Amount retained by Lender for
Closing Costs
96 $ 220.33 Monthly, beginning 4/9/98 $ 60.00
(4) Amount paid to others on Borrower's
(a) to public officials
Security: Lender is getting a security interest in deposits or
Late Charge:I I Not Applicable. ( X I If a payment is not made (b) to Credit Insurance Company
N/A
property held by Lender, and:
n
! (N within 15 days of its due date, Borrower may be charged the Insurance Company
o
e. ( I Manufactured Home being purchased, GREATER of $ 20.00 or 10.00 % of the 900
00
1 IAeal Estate. I !
total amount of the payment which was not paid in full.
Prepayment: If Borrower pays off early, Borrower will not have to
.
amma
ac Corp
pay a penalty. N /A
In addition, collateral (other than Borrowers principal residence) Required Deposit Balance: IX I Not Applicable. I I The
Annual Percentage Rate does not take into account your required E
ac Crdt
securing other obligations to lender may also secure this Note.
deposit balance. 35.00
Security Interest Charges: Assumption: If this loan is secured by a dwelling, someone /Rail
I None (X 1 Rling Fees $ 5.0 0 purchasing that dwelling cannot assume the remainder of the loan on
the original terms 22.50
.
See your contract documents for any additional information about nonpayment, default, any required repayment in full before the
scheduled date and prepayment refunds and penalties N/A
. Tax
PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss of or damage to the manufactured s N/A
home and against liability arising out of use or ownership of the manufactured home. If you obtain property insurance through us the h) to F i 1 i n g Fees
premium Costs for the insurance terms indicated below are included in the item called To Property Insurance CamFINS my of the $ 5. 00
ITEMIZATION OF AMOUNT FINANCED section of this Installment Loan. In the section called YOUR PROMISES ABOUT URANCE
an the reverse side of this Contract, you are promising to insure the manufactured home and keep it insured. Prepaid Finance Charge
X ManufacturedHow$ 900.00 Term 60 Mos. Other $ N/A
Physical Damage Ins. ISascdbe) $ N/A Term _M2S. • lender may receive a portion of
X this amount
_Comprehensive on $ INCL. Term 60 MOS. Other N/A
Manufactured Home I lrncdbel $ Term ----Mos.
X Fire and Theft s INCL. Term 60 Mos. TOTAL CHARGES $ 900.00
CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance is not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost. Please
read the NOTICE OF PROPOSED CREDIT INSURANCE an the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available.
By signing, you select Single Credit Life Insurance, which What is your age?
costs $ N/A
Years
By signing, you both select Joint Credit Life Insurance, What are
which costs s N/A your ages?
Signature of Buyer to be insured for Single Credit Life Insurance
Insular.
DIRECT INSTALLMENT LOAN NOTE
DEFINITIONS: In this Note, the word "Borrower" means each and all of these who sign
helnw and each and all of these who endorse the check which disburses the praceed. of
this loan.
The word"Lender"means Tammac Corporation
or any person to whom this Note has been transferred.
BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender
$ 11,522.50 , with interest on the unpaid balance from the date funds are
advanced until paid in full. Interest shall be paid at the rate per annum all 7.0000 g.
Borrower promises to make payments in accordance with the payment schedule stated in
this Note. Borrower promises to pay to Lender all other amounts which may became due
under the terms of this Note, including, it applicable, Late Charges and Costs of Collection.
Borrower agrees to make payments at the place designated by tender.
PAYMENT SCHEDULE. Borrower agrees to pay to Lender the amounts due render this Nate
in uninterrupted monthly payments: 96 payments of $ 220, 33
and a final payment, which will be billed by Lender, of all remaining unpaid amounts.
Payments will be due an the same day of each month starting on 4/9/98
Payments will continue until all amounts due are paid.
The date that the final payment is scheduled in this paragraph to be due is called the
"Maturity Date' of this Note.
LATE CHARGE: ( I Not Applicable. ( XI Borrower agrees that tender may assess a late
charge for any Pat mont not paid in full within 15 days of its due dale. The late charge will
bathe OR of$ 20.00 or10.00 %ofthetotalamount ofthe
payment which was not paid in full. No late charge will be due, however, if the reason that
the payment is late is either: (a) attributable to a late charge assessed on a prior payment; or
(b) because, after default by Borrower, the entire outstanding balance on this Note is due.
No more than one late charge will be imposed for any single scheduled payment.
MULTIPLE PARTIES: If there is more than one Borrower, each agrees to be responsible to
Lender, individually and together, for payment in full of this loan. Borrowers agree that
payment of all or part of the proceeds of th!s Note to any Borrower or to anyone else at the
direction of any Borrower will be the equivalent of payment to each Borrower and for the
benefit of all Borrowers.
THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED-IN COPY OF
THIS NOTE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY
ALL THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantees
that the signature of any Bormwerls genuine.
^" 1M --?c? 3/9/98
SHAWN M H nA Borrower Date
Date
CO-MAKERS-SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower who
is designated as a CO-Maker agrees to be equally responsible with all other Borrowers for
the payment of this loan and performance of all promises in this Note.
5-Makar Date
RMaker Date
PAS42A•I L18/a11 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
COPY OF ORIGINAL 01207 BANCONSUMER SERVICE. WC.
ws
TAM-03764
COMPUTING INTEREST: Interest is charged an a daily basis, according to the outstanding
balance subject to interest an each day of the loan term. The daily interest rate is equal to
the annual interest rate in effect an that day divided by the number of days in that calendar
year. Borrower agrees that because interest is calculated an a daily basis, late payments
will result in additional interest (and, if applicable, a late charge); early payments will result
in less interest being charged.
APPLICATION OF PAYMENTS: Lender will apply, payments to satisfy interest, late
charges, fees and principal in the order as determined at the option of the Lender. All regular
payments will be applied to the satisfaction of scheduled payments in the order in which
they become due.
WAIVER BY LENDER: If Borrower has made or makes in the future another loan agreement
with Lender, lender might obtain a security interest in the principal dwelling of Borrower of
someone me else to sec ire that other loan agreement. That Security Agreement may provide
that fie principal dwelling secures not only that ether loan agreement but also all other loan
agreents of Borrower with Lender. Lender waives (gives up) any right to claim a security
interest in the pprincipal dwelling of any person to secure this Note unless the security
interest is specil'mally given to secure this Note. Inc Ale law, interest at the rata
INTEREST AFTER MATURITY: Unless prohibited by app
provided in this Note shall caminue to accrue on the unpaid balance until paid in full, even
rwise) maturity as Arotar n if judgment is entered against
after (whether by acceleration or othe inte
Borrower far the amounts due.lf at any time rest as provi ded far in this paragraph is not
permitted by law, interest shall, in that event and at that lime, accrue at the highest rate
allowed by applicable law.
DEFAULT: (As used in this paragraph, the term 'Borrower" includes Borrowers, Ca-Makers,
Guarantors, sureties, and any owner of property which is security for this Note.) Borrower
will be in default:
(a) if Borrower does not make any payment nt before or a the Note or defaults ie any other note, made in this (b) if Borrower fails to keep any promise loan or agreement with Lender; or
(c) if anyone who signs the Security Agreement or a Mortgage securing this Nate breaks
any promise made in the Sracially Agreement or Mortgage; including but not limited to
the promise not to sell, give away at transfer title to the property which is the subject
of the Mortgage or security interest; or
Of if any property in which Lender has obtained a security interest to secure this Note is
lost, stolen land not recovered within a reasonable time) or destroyed; or
(e) if Borrower has made any untrue statement or misrepresentation in the credit
application or any other certificate or document given or made for this loan; or
(f) upon the death of Barrowstar any one of them, if there is more than one; or
(g) if Bar or provides Lender with also information or forged signatures at any time; or
(h) if a court with Draper in isdletion to do so finds that Borrower, or any one of them, is
incapacitated.
If Borrower is in default, the entire outstanding balance on this Note shall be immediately
due, at the option of the Lender. This will happen without any prior notice to Borrower, or
right to cure, except as may be required by law.
Borrower will also be in default:
It) if Borrower becomes insolvent and/or cannot pay Borrower's debts as they become
due; or
fi) if any other creditor Ivies by legal process to take any money or property of Borrower in
the lenders possession; or
(k) if Borrower files a bankruptcy petition or if anyone files an involuntary bankruptcy
against Borrower; or
(1) if Borrower makes an assignment for the benefit of creditors, or any insolvency,
reorganization, arrangement, debt adjustment, receivership, trusteeship, liquidation or
other legal or equitable proceedings are instituted by or against Borrower; or
(m) if any judgment, tax Ban, municipal charge or tax levy is filed or writ of execution is
and such extension shall not affect the obligations of any Borrower, whether or not that
Borrower is given notice of the extension.
RELEASE OF SOME BORROWERS OR SOME SECURITY: If there is more than one
Borrower, each agrees to remain bound by this NOIe, although Lender may release any
other Borrower or release or substitute any Pro any which is security for the repayment of
this Note. Borrower waives all defenses hased on suretyship and impairment of collateral
or security.
SECURITY INTEREST CHARGES: Borrower agrees to pay any retarding, filing,
satisfaction and encumbrance fees which may be charged. The charges are to repay
Lender for the fees paid to public officials to protect, continue, or release any security
interest given in the Security Agreement or Mortgage.
is re under If It 'n"
PhisNo" IN If aNoraSecurityAgreementBorrolwerlmayiobtanpopertygandlarIiood 'IM
insurance from anyone that is acceptable to Lender. If flood Insurance rs required,
Borrower has heen separately notified.
PREPAYMENT: Borrower may Dregay, in full or in pan, the amount awed an this Nate at 10
coVenr eats eaaaregularly scheduled payments uric lealloamounis dueu ederrthis Note ere
paid.
BORROWER MAKES THE FOLLOWING ADDITIONAL PROMISES TO LENDER: (a) to
pay all taxes due an the Manufactured Home; Ili) to allow tender the right to inspect the
Manufactured Homo at any reasonable time, and to maintain the Manufactured Home in
good condition and repair, reasonable wear and tear excepted; (c) to keep the
Manufactured Home fully insured against loss or damage, as provided in the Security
Agreement andlor Mortgage; (dl to pay all filing fees necessary for Lender to obtain and
i
maintain its security interest. II Borrower fails to honor the promses to maintain insurance
in effect, or to Day tiling fees, taxes or IM1e costs necessary to keep the Manufactured
Homo in pond condition and repair, Lender may, if Lender one chooses, advance any
sums Borrower Dromised to pay and obtain insurance. If Borrewer fails to maintain the
required insurance end provide Lender with evidence of that insurance, Lender may obtain
insurance to cover Ions or damage to the Manulaclured Homa. Such insurance will be
limited to an amount not greater than what Borrower awes on this Note. Any amount
Lender advances an Borrowers behalf will be added to the balance an which Lender
imposes Finance Charges at the Annual Percentage flete of this Note, if permitted by law,
and will he repayable, as lender alone may specify: fill immediately an demand; or fill along
with the monthly payments. If Lender chooses to allow Borrower to repay the amounts
advanced in installments, and if permitted by law, Borrower agrees that Lender will
increase the amounts of the monthly payments in an amount sufficient to repay the
amount Lender advanced at the Annual Percentage Rata of this Nate, in substantially
equal payments from the date of the payment change over a term which Lender will
choose but which will not be longer than the remaining term of this Note. Lender's
payments on Borrowers behalf will not cure Borawers failure to perform Borrowers
promises in this Note. Borrower's promises made and Landers rights set forth in this
section shall not merge with any lodgment entered in any legal action and shall apply until
all amounts awed are paid in full.
LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives
Lender the right to sign Borrowers name on any check ar draft from an insurance
company. This is limited to a check ar draft in payment of retumad premiums benefits
ch
under credit life insurance or credit disability insurance, insurance wp property which
is security tar this loan or Hood insurance. This means shat Borrower er appoints Lender as
attam ... n•fact for Borrower with the lull power to endorse checks or drafts.
COSTS OF COLLECTION: If Borrower is in default under this Note and Lender files suit, or
takes other action to collect this loan or protect the Manufactured Home, Borrower agrees
to pay costs of suit and, if permitted by law, reasonable attorneys' fees and expenses.
SECURITY INTEREST IN DEPOSITS: The Lander may set-off any amounts due and
unpaid under this loan against any of Borrowers money an deposit with Lender. This
usueo aganiai oU„Uno,. hi It is now a may in the future be deposited with Lender by
if any event described in CIM (k), (1), or (m) happens, the entire outstanding balance on this
Note shall be immediately due without any prior notice to Borrower, or right to cure, except
as may be required by law.
A default by Borrower on this Note is a default on every other note, loan or agreement of
Borrower with Lender.
GENERAL WAIVER PROVISIONS: Borrower waives presentment for payment, demand,
protest, notice of protest, dishonor and all other notices or demands in connection with the
delivery, any right to reperformance, ure de diligence a in collection by Lender. defult or enfoement of this Note. Borrower further
waives
IN ENFORCEMENT: Lender can delay enforcing any rights under this N
losing any rights. Lenders failure to enforce any right under this Note shall n of a future
waiver
etight ventrLenderecathe exercise of n also extend hthertime allowed ifor making
the a same that
annITIDNAL PROVISIONS
Includes any money w he
Borrower or with any co-depositor, including Borrowers spcruse. This also includes any
property, credits, securities, or money of the Burrower, which may at any (one be delivered
to or in the possession of the tender. This may be done without any prior notice to
Borrower.
ASSIGNMENT: Borrower may not assign or otherwise transfer Borrowers rights under
this Note to anyone also. Lender may sell, transfer, or assign this Note, and any Security
Agreement angling Mortgage given to secure this Nato, and Barrowers rights and
obligations under this Note will continue unchanged.
HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of this Note shal
ate without he binding upon the Borrower, and the heirs and personal representatives of the Borrower.
at act as a GOVERNING LAW PROVISION: This Nate and its validity, construction and enforceability
occurrence shall bet governed by the laws of Pennsylvania, except to the extent that such laws have
payments, been preempted or superseded by federal law.
NOTICE OF PROPOSED CREDTr INSURANCE
The Signer(s) of this Note hereby take(s) notice that Group Credit Life Insurance coverage and/or Group Credit Accident and Health Insurance
coverage wit be applicable to this Note h so marked on the front side of this Note, and each such type of coverage will be written by the insurance
company named. This insurance, subject to acceptance by die insurer covers only the person signing the request or such insurance. The amount of
charge is indicated for each type of credit insurance to a purchase . The term of the insurance will commence as of the date the indebtedness is
incurred and will expire on the original maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days there will be
delivered to the insured debtor a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund
FORMrNance PG h rged will be made when due.
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. Ir (lie Borrower doesn't pay the debt, you will have to.
Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or
collection costs, which Increase this amount. can use the same
The lender can collect this debt from you without first trying to collect from the Borrower. deThe bt Is ever in default, that fact
collection methods against you that can be used against the Borrower, such as suing you,
may become a part of your credit record.
NnT ir.F. _ ANY HOLDER OF THIS CONS[IBtEi2 CREDIT CONTRACT I ??[nQ nn i7PvT?FC n RAINED PURSUANT
PASarA•i I&an
COPY
n4nut I'- -- ro art 1... pnL <n A V.... MIn nFln oNn
Exhibit K
PURCHASE AGREEMENT
THE BUYER(S) SHAWN M HERNANDEZ
OFFERS AND AGREES TO PURCHASE THE FOLLOWING MOBILE HOME
LOCATED AT LOT #64, SADSBURYVILLE, PA 19369
BEING A 1981 MUNCY 14x70
YEAR MAKE MODEL SIZE
FOR THE AMOUNT OF $ 12,000.00
ITEMS INCLUDED IN PRICE:
BUYER: J:= ?D_ATE:
SHAWN M HERNANDEZ
BUYER: DATE:
THE SELLER HEREBY ACCEPTS THE ABOVE OFFER:
SELLER: ?,,W%, L.°tsr DATE: 3 -Y-9Fl
BY: ?e; s
PURACRET
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that the undersigned in consideration of $ 12.000.00
does hereby grant, bargin, sell and trasfer unto SHAWN M HERNANDEZZuyer(s)
of LOT #64 SABSBURYVILLE PA 19369
Chattels hereinafter described.
New or Year Make or Length and Color and Serial #
Used Trade Name Description Model
1981 MUNCY 14X70 1082651
TO HAVE AND TO HOLD all and singular the said goods and chattels to said grantee(s), (its) their
successors and assigns. The undersigned covenants with said grantee(s) that the undersigned is the lawful
owner of said above described unit that it is free from all encumbrances except as set forth below, that the
undersigned will warrant and defend same against all lawful claims and demnds of all persons.
(EXCEPTIONS) LIENS OR ENCUMBRANCES
In favor of Amount Due $
of no lien exists, write in "NONE" above)
Address
WITNESS the hand and seal of the undeersigned this '? ADay of ,'I/.- 19 `7c-
Witness or Notary Public:
(Seller Sign Here)
(If seller is a corporation, show corporate name
above with signature and title of corporate officer
below)
(Two witnesses must sign)
Notaries
(Title)
BIUSALE
I
Exhibit L
DIREr- INSTALLMENTLOANTRUTH•IN•LENDING DISCLO9"OE
Manufactured Home (Fixed Rate)
p{y
p?
C Amount ed Total of Payments
PETAGE
RCEN CHARG
E dit The amount the Borrower will
RATE The dollar amount the credit [
rrower or
behalf have paid after Borrower has
made all payments as scheduled.
The cost of the will cast the Borrower. .
Borrower's credit as a
yearly rate.
17.000Q
7518.26
90.50
$ 18,008.76
1.1..1_..a,,.,.. a me ans an estimate
,,,e ou„arvc, 0 rc loco, muc
Number of Payments uum ..,• •, _.
Amount of Payments
When Payments Are Due
84 $ 214.39 Monthly, beginning 2/14/98
Security: Lender is getting a security interest in deposits or
property held by Lender, and:
I I None. I I Manufactured Home being purchased.
I I Real Estate. I I
In addition, collateral (other than Borrower's principal residence)
securing other obligations to Lender may also secure this Note.
Security Interest Charges:
( I None I X I Filing Fees $ 5.00
Late Charge: ( I Not Applicable. I A I If a payment is not made
within 15 days of its due date, Borrower may be charged the
GREATER of $ 20.00 or 10. 00 % of the
total amount of the payment which was not paid in full.
Prepayment: If Borrower pays off early, Borrower will not have to
pay a penalty.
Required Deposit Balance: IX I Not Applicable. I I The
Annual Percentage Rate does not take into account your required
deposit balance.
Assumption: It this loan is secured by a dwelling, someone
purchasing that dwelling cannot assume the remainder of the loan on
the original terms.
See your contract documents for any additional information about nonpayment, default, any required repayment in full before the
scheduled date and prepayment refunds and penalties.
PROPERTY INSURANCE: You may choose the person
home and against liability arising out of use or own'
premium costs for the insurance terms indicated In
ITEMIZATION OF AMOUNT FINANCED section of II
an the reverse side of this Contract, you are promising I
X Manufactured Homo S 868.00 Term 6D .ms. -Other
Physical Damage Ins. laaimbaI
X Comprehensive on $ INCL. Term 60 Mos. other
Manufactured Ham IBesnLe)
X Fire and Theft S INCL. Term 60 Mos
r obtained against loss of at damage to the manufactures
home. If you obtain property insurance through us thi
item called To Property Insurance Company of thi
section called YOUR PROMISES ABOUT INSURANCI
home and keep it insured.
$ N/A Term ____Mos.
S N/A Term-Mos.
TOTAL CHARGES S 668.00
NOTICE: ( I If chocked, see separate
Itemization of Amount Financed
I I Sea HUO•IA
Itemization of Amount Financed
Amount Financed
$ 10,490.50
(1) Amount given directly to Borrower
$ N/A
12) Amount paid on Borrowers account
It 9,500.00
(3) Amount retained'by Lender for
Closing Costs
If 60.00
(4) Amount paid to others on Borrowers
behalf N/A
(a) to public officials
$ N/A
(b) to Credit Insurance Company'
$ N/A
(c) to Property Insurance Company
$ 868.00
(alto Tammac Corp
$ N/A
(a) to Tammac Crdt
$ 35.00
Wto Title/flag
$ 22.50
(a) to VSI
$ N/A
Udto Sales Tax
$ N/A
of to Filing Fees
S 5.00
Prepaid Finance Charge
It N/A
Lender may receive a portion of
this amount
CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance is not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost. Please
read the NOTICE OF PROPOSED CREDIT INSURANCE an the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available.
By signing, you select Single Credit Life Insurance, which What is your age! By signing, you both select Joint Credit Life Insurance, What are
costs$ N/A -Years which costs $ N/A your ages?
Signature of Buyer to be insured for Single Credit Life Insurance
Insurer.
DIRECT INSTALLMENT LOAN NOTE
DEFINITIONS: In this Note, the word "Borrower" means each and all of those who sign
below and each and all at those who endorse the check which disburses the proceeds of
this loan.
Signature of both Buyers to be insured for Joint Credit Life
Insurance
MULTIPLE PARTIES: If there is more than one Borrower, each agrees to be responsible to
Lender, individually and together, for payment in full of this loan. Borrowers agree that
payment of all at part of the proceeds of this Nate to any Borrower or to anyone else at the
direction of any Borrower will be the equivalent of payment to each Borrower and for the
benefit of all Borrowers.
The word "Lender" means Tammac Corporation THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
or any person to whom this Note has been transferred.
BORROWER'S PROMISE TO PAY. To repay this loan, Borrower promises to pay to Lender
$ 10,490.50 , with interest an the unpaid balance from the date funds are
advanced until paid in full. Interest shall be paid at the rate per annum of17.0000 ya,
Borrower promises to make payments in accordance with the payment schedule stated in
this Note. Borrower promises to pay to Lender all other amounts which may become due
under the tem s of this Note• including, if applicable, Late Charges and Costs of Collection.
Borrower agrees to make payments at the place designated by Lender.
PAYMENT SCHEDULE: Borrower agrees to pay to Lender the amounts due under this Note
in uninterrupted monthly payments: 84 payments of $ 214.38 ,
and a final payment, which will be billed by Lender, of all remaining unpaid amounts.
Payments will be due on the same day of each month starting on 2 /14 /98 .
Payments will continue until all amounts due are paid.
The date that the final payment is scheduled in this paragraph to be due is called the
"Maturity Date" of this Note.
LATE CHARGE: I I Not Applicable. ( XI Borrower agrees that Lender may assess a late
charge for anYpayment not paid in full within 15 days of its due dale. The late charge will
be the GREATER of$ 20.00 or 10.00 % of the total amount of the
payment which was not paid in full. No late charge will be due, however, if the reason that
the payment is late is either: (a) attributable to a late charge assessed an a prior payment; or
(b) because, alter default by Borrower, the entire outstanding balance on this Note is due.
No more than one late charge will he imposed for any single scheduled payment.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED-IN COPY OF
THIS NOTE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY
ALL THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantees
that ththe?signals F2RPB ower' g tun .
LfJ/_ d_/A /?1/lt /I al x,, 1/14/98
FtAff ANA L GO ZA EZ--U-000 B rrower Date
Borrower Date
CO-MAKERS--SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower who
is designated as a Co-Maker agrees to be equally responsible with all other Borrowers for
the payment of this loan and performance of all promises in this Note.
Date
Co-Maker Date
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
PAS42A.1 E aM71 ORIGINAL 0 1997 BANCONSUMER SERVICE. INC.
TAM-03286
ADDITIONAL PROVISIONS
COMPUTING INTEREST: tnterest is charged on a daily basis, according to the outstanding
balance subject to interest on each day of the loan term. The daily interest rate is equal to
the annual interest rate in effect on that day divided by the number of days in that calendar
year. Borrower agrees that because interest 1s calculated on a daily basis, late payments
will result in additional interest (and, it applicable, a late charge); early payments will result
in less interest being charged.
APPLICATION OF PAYMENTS: Lender will apply payments to satisfy interest, late
charges, fees and principal in the ardor as determined at the option of the Lender. All regular
payments will be applied to the satisfaction of scheduled payments in the order in which
they became due.
WAIVER BY LENDER: If Borrower has made or makes in the future another loan agreement
with lender, lender might obtain a security interest in the principal dwelling of Borrower ar
someone else to secure that other loan agreement. That Security Agreement may provide
that the principal dwelling secures not only that other loan agreement but also all other loan
agreements of Borrower with lender. Lender waives (gives up) any right to claim a security
interest in the principal dwelling of any person to secure this Note unless the security
interest is specifically given to secure this Note.
INTEREST AFTER MATURITY: Unless prohibited by applicable law, interest at the rate
provided in this Note shall continue to accrue on the unpaid balance until paid in full, even
after (whether by acceleration or otherwise) maturity andlor if judgment is entered against
Borrower for the amounts due. If at any time interest as provided for in this paragraph is not
permitted by law, interest shall, in that event and at Ilia; time, accrue at the highest rate
allowed by applicable law.
DEFAULT: (As used in this paragraph, the term "Borrower" includes Borrowers, Co-Makers,
Guarantors, sureties, and any owner of property which is security for this Note.) Borrower
will he in default:
(a) if Borrower does not make any payment before or on the data it is due; or
Ril if Borrower faits to keep any promise made in this Note or defaults in any other note,
loan or agreement with Lender; or
of if anyone who signs the Security Agreement or a Mortgage securing this Note breaks
any promise made in the Security Agreement or Mortgage; including but not limited to
the promise not to sell, give away or transfer title to the property which is the subject
of the Mortgage or security interest; or
(dl it any property in which Lender has obtained a security interest to secure this Note is
lost, stolen (and not recovered within a reasonable time) or destroyed; at
(e) if Borrower has made any untrue statement or misrepresentation in the credit
application or any other certificate or document given or made for this loan; or
(1) upon the death of Borrower or any one of them, if there is more than one; or
(g) it Borrower provides Lender with false information or forged signatures at anytime; or
(h) if a court with proper jurisdiction to do so finds that Borrower, or any one of them, is
incapacitated.
If Borrower is in default, the entire outstanding balance on this Note shall be immediately
due, at the option of the Lender. This will happen without any prior notice to Borrower, or
right to cure, except as may be required by law.
Borrower will also be in default:
(i) if Borrower becomes insolvent andlor cannot pay Borrower's debts as they become
de; or
fj) it city other creditor fries by legal process to take any money or property of Borrower in
we "uum a ""..mm....
(k) if Borrower files a bankruptcy petition or if anyone files an involuntary bankruptcy
against Borrower; or
a) if Borrower makes an assignment for the benefit of creditors, or any insolvency,
reorganization, arrangement, debt adjustment, receivership, trusteeship, liquidation or
other legal or equitable proceedings are instituted by or against Borrower; or
(m) if any judgment, tax lien, municipal charge or tax levy is filed or writ of execution is
If any event described in MAI, IkL l0, or (m) happens, the entire outstanding balance an this
Note shall be immediately due without any prior notice to Borrower, or right to cure, except
as may he required by law.
A default by Borrower on this Nate is a default on every other note, loan at agreement of
Borrower with tender.
GENERAL WAIVER PROVISIONS: Borrower waives presentment for payment, demand,
protest, notice of protest, dishonor and all other notices or demands in connection with the
delivery, acceptance, performance, default or enforcement of this Note. Borrower further
waives any right to require due diligence in collection by Lender.
DELAY IN ENFORCEMENT: Lender can delay enforcing any rights under this Note without
losing any rights. Lender's failure to enforce any right under this Note shall not act as a
waiver of that right or preclude the exercise of that right in the event of a future occurrence
of the same event. Lender can also extend the time allowed for making payments,
and such extension shall not affect the obligations of any Borrower, whether or not that
Borrower is given notice of the extension.
RELEASE OF SOME BORROWERS OR SOME SECURITY: If there is more than one
Borrower, each agrees to remain bound by this Note, although Lender may release any
other Borrower or release or substitute any property which is security for the repayment of
this Note. Borrower waives all defenses based on suretyship and impairment of collateral
or security.
SECURITY INTEREST CHARGES: Borrower agrees to pay any recording, filing,
satisfaction and encumbrance tees which may be charged. The charges are to repay
Lender for the fees paid to public officials to protect, continue, or release any security
interest given in the Security Agreement or Mortgage.
PROPERTY INSURANCE: If property insurance andlor flood insurance is required under
this Note, a Mortgage, or a Security Agreement, Borrower may obtain property andlor flood
insurance from anyone that is acceptable to Lender. If flood insurance 1s required,
Borrower has been separately notified.
PREPAYMENT: Borrower may prepay, in full or in part, the amount awed on this Note at
are
any continue 1 eto make without
regularlpenalty. scheduled payments until all amounts due undervthis agrees
paid.
BORROWER MAKES THE FOLLOWING ADDITIONAL PROMISES TO LENDER: (a) to
pay all taxes due an the Manufactured Home; (b) to allow Lender the tight to inspect the
Manufactured Home at any reasonable time, and to maintain the Manufactured Home in
goad condition and repair, reasonable wear and tear excepted; (c) to keep the
Manufactured Home fully insured against loss or damage, as provided in the Security
Agreement andlar Mortgage; Id1 to pay all filing tees necessary for Lender to obtain and
maintain its security interest.lf Borrower faits to honor the promises to maintain insurance
in effect, or to pay filing teas, taxes or the casts necessary to keep the Manufactured
Nome in goad condition and repair, lender may, if lender no chooses, advance any
sums Borrower promised to pay and obtain insurance. If Borrowar fails to maintain the
required insurance and provide Lender with evidence of that insurance, Lender may obtain
insurance to cover loss or damage to the Manufactured Home. Such insurance will he
limited to an amount riot greater than what Borrower awes an this Note. Any amount
Lender advances an Borrower's behalf will he added to the balance an which Lender
imposes Fnance Charges at the Annual Percentepa Rate of this Note, if permitted by law,
and will he repayable, as Lender atone may specify: fit immediately an demand; or fill along
with the monthly payments. If Lender chooses to allow Borrower to repay the amounts
advanced in installments, and if permitted by law, Borrower agrees that Lender will
increase the amounts of the monthly payments in an amount sufficient to repay the
amount Lender advanced at the Annual Percentage Rate of this Note, in substantially
equal payments from the date of the payment change over a tens which Lender will
choose but which will not he longer than the remaining term of this Nate. Lenders
payments on Barrowers behalf will not cure Borrowers failure to perform Borrowers
promises in this Note. Borrower's promises made and Lenders rights set forth in this
section shall not merge with any judgment entered in any legal action and shall apply until
all amounts owed are paid in full.
LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives
Lender the right to sign Borrowers name on any check or draft from an insurance
company. This is limited to a check or draft in payment of returned premiums or benefits
under credit life insurance or credit disability insurance, insurance covering property which
is security for this loan or flood insurance. This means that Borrower appoints Lender as
attorney-in-fact for Borrower with the full power to endorse checks or drafts.
COSTS OF COLLECTION: If Borrower is in default under this Nate and Lender files suit, or
takes other action to collect this loan or protect the Manufactured Home, Borrower agrees
to pay casts of suit and, if permitted by law, reasonable attorneys' fees and expenses.
SECURITY INTEREST IN DEPOSITS: The Lender may set-off any amounts due and
unpaid under this loan against any of Borrowers money on deposit with Lender. This
includes any money which is now or may in the future he deposited with Lender by
Borrower or with any co-depositor, including Borrowers spouse. This also includes any
property, credits, securities, or money of the Borrower, which may at any time he delivered
to or in the possession of the Lender. This may he done without any prior notice to
Borrower.
ASSIGNMENT: Borrower may not assign or otherwise transfer Borrower's rights under
this Note to anyone also. Lender may sell, transfer, or assign this Note, and any Security
Agreement andlor Mortgage given to secure this Nate, and Borrowers rights and
obligations under this Note will continue unchanged.
HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of this Note shall
be binding upon the Borrower, and the heirs and personal representatives of the Borrower.
GOVERNING LAW PROVISION: This Note and its validity, construction and enforceability
shall be governed by the laws of Pennsylvania, except to the extent that such laws have
been preempted or superseded by federal law.
NOTICE OF PROPOSED CREDIT INSURANCE
The Signer(s) of this Note hereby take(s notice that Group Credit Life insurance coverage and/or Group Credit Accident and Health Insurance
coverage wtl be a licable to this Note i)so marked on the front side of this Note, and each such type of coverage will he written by the insurance
company named. This insurance, subject to acceptance liy the insurer, covers only the person signing the request for such insurance. The amount of
charge is indicated for each (y Pe of credit insurance to be purchased. The term of the insurance will commence as of die date the indebtedness is
incurred and will expire on the original maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days there will be
delivered to the insured debtor a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund
of insurance charged will be made when due.
FORM NPG-52
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to.
Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or
collection costs, which increase this amount.
The Lender can collect this debt from you without first trying to collect from the Borrower. The Lender can use the same
collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever in default, that fact
may become a part of your credit record.
PAS47A 1161971
ORIGINAL
Exhibit M
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that the undersigned in consideration of $ 11 .000.00
does hereby grant, bargin, sell and trasfer unto MARIANA L GONZALEZ
Buyer(s)
Cl eeles
of 12 t:t M ST 3 HIGHSPIRE PA 17034
Chattels hereinafter described.
New or Year Make or Length and Color and Serial #
Used Trade Name Description Model
1978 HOMEMAKER 14X70
51102143U
TO HAVE AND TO HOLD all and singular the said goods and chattels to said grantee(s), (its) their
successors and assigns. The undersigned covenants with said grantee(s) that the undersigned is the lawful
owner of said above described unit that it is free from all encumbrances except as set forth below, that the
undersigned will warrant and defend same against all lawful claims and demnds of all persons.
(EXCEPTIONS) LIENS OR ENCUMBRANCES
In favor of Amount Due $
(If no lien exists, write in "NONE" above)
Address
WITNESS the hand and seal of the undeersigned this_/,?)\ Day of %r 19 `l`
Witness or Notary Public: X J?`yL(t• 1r1 ?L 1, `? \ ?}?- ?e
-(Seller Sign Here)
(If seller is a corporation, show corporate name
above with signature and title of corporate officer
below)
' ?'' B
Notarial Seal (Title) Cunt
( Title)
A, tn, r u h aunty
My Comm issic,n Expires Nov. 20, 2000 e1LLSALE
Me'".h?r L'nh5/a.nii Association of notaries
PURCHASE AGREEMENT
THE BUYER(S) MARIANA L GONZALEZ
OFFERS AND AGREES TO PURCHASE THE FOLLOWING MOBILE HOME
CH..,1e s
LOCATED AT 12 I44NS ST, 3, HIGHSPIRE, PA 17034
BEING A 1978 HOMEMAKER 14X70
YEAR MAKE MODEL SIZE
FOR THE AMOUNT OF $ 11,000.00
ITEMS INCLUDED IN PR
BUYER.% AFL.
MA IANA L GONZALEZ I?
BUYER:
THE SELLER?FjEf(EB?P ACCEPTS THE ABOVE OFFER: p
SELLER L?!! vv O- DATE: i - l y -nS
'1
BY:
DATE: -L / LI ql?l
DATE:
PURAGRE7
VERIFICATION
I, Jeff Poth, a of Tammac Pirreeei&Corp., hereby 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.
- !?]I
Jeff Poth
)44927.1
?pl
c.-
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 83671 ATTORNEY FOR Plaintiff
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE, PA 18701-1867
(570) 825-9401
TAMMAC CORPORATION,
1140 Route 315
Wilkes-Barre, PA 18711,
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- 6968-Civil
NOTICE OF INTENTION TO
ENTER DEFAULT JUDGMENT
TO: MOBILS-R-US
764 Corporate Circle
New Cumberland, PA 17070
You are in default because you have failed to answer the complaint of the plaintiff, Tammac
Corporation 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 important
rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
)54081.1
HAVE A LAWYERORCANNOT AFFORD ONE, GO TO ORTELEPHONE THE FOLLOWING
OFFICE 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
Suite 700
Mellon Bank Center
8 West Market Street
Wilkes-Barre, PA 18701-1867
(570) 825-9401
(570) 829-3460 (Fax)
Dated: December 20, 1999
YORK CO. COURT ADMINISTRATOR
York County Courthouse
28 East Market Street
York, PA 17401
(717)771-9234
Respectfully submitted,
HOURIGAAN?, KLUGER & QUINN, P.C.
BY: A-01 ? L
J ES T. SHOEMAKER, ESQUIRE
ID. NO. 63871
Counsel for the plaintiff, Tammac Corporation
354087.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: JAMES T. SHOEMAKER, ESQUIRE
IDENTIFICATION NO. 63871
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE, PA 18701-1867
(570) 825.9401
TAMMAC CORPORATION,
1140 Route 315
Wilkes-Barre, PA 18711,
VS.
Plaintiff
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- 6968-Civil
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify I am serving a true and correct copy of the
plaintiff's notice of intention to enter default judgment upon the defendant, by depositing said
document in the United States mail, first class, postage pre-paid, addressed as follows:
354094.1
MOBILS-R-US
764 Corporate Circle
New Cumberland, PA 17070
6
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
By:
Jam T. Shoemaker, Esquire
ID No.: 63871
Counsel for the plaintiff, Tammac Corp.
700 Mellon Bank Center
8 West Market Street
Wilkes-Barre, PA 18701-1867
(570) 825-9401
(570)829-3460 Fax
Dated: December 20, 1999
354094.1
?i
ti c>
1! j
?1 1 l
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06968 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TAMMAC CORPORATION
VS.
MOBILS-R-US
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
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 & COMPLAINT
On December 13th, 199
the attached return from
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 8.00
Dep. York Co 32.40
So answer
r?
It I omh as R`? e, 5 eri
$67:4U HO/RI 999KLUGER & QUINN
Sworn and subscribed to before me
this liar day of C Lct,,,,6,.
19 94 A. D.
this office was in receipt of
YORK County, Pennsylvania.
J?Z )VLab,. ',Q
?.
ro ono Ar
COUNTY OF YORK
OFFICE OF THE SHERIFF S 717)771-9601
28 EAST MARKET ST., YORK. PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
Mobils-R-Us, Inc.
Notice & Complaint
SERVE p ........,_.,....... ? .... .... ................-.....- ...--••----......_.._...._._.....-----..__......._..-- ---
lJ` Mobils-R-Us, Inc.
6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY. BORO, TWP., STATE AND ZIP CODE
AT 764 Corporate Circle, New Cumberland, PA 17070
7. INDICATE SERVICE: 0PERSONAL O PERSON IN CHARGE X)DEPUTIZE uungfnAwr MARO OISTCLASSMAIL OPOSTED 0OTHER
NOW 19 _ I, SHERIFF OFVMK COUNTY, P do reby dept(: eriff of
York COUNTY to execute WZrn _ din
9
to law. This deputation being made at the request and risk of the plaintiff. --- -•+
c ?s1 ca ,
ADVANCE FEE PD BY CUMBERLAND COUNTY SIIERIFF = tr.
" fit c
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy shenff levying upon or attaching any properV.under within will may leave
same without a watchman. In custody of whomever Is found In possession, affor notifying person of levy or altachment. without liability on the part of such deputy or the sheriff to any
olalnuff herein for any loss. destruction. or removal of any mooeM before sheriff's sale thereof.
James T. Shoemaker, Esq.
Mellon Bank Center, Ste 700, Wilkes Barre, PA 1.8701-1867 717-825-9401 11/17/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to be mailed).
Cumberland County Sheriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt of the wilt SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. ExpiralioNpittggooM
or complaint as indicated above. B. Feeser 11/19/99 12/17/99
16.HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) PO SHERIFFSOFF( ) OTHER( ) SEEREMARKS
17. hereby certify and return a NOT FOUND because I am unable to locale the individual. company, cdrporation• etc• named above. (See remarks below.)
? 5a
18.00
12.40 1 1 30.40
2.00
32.40 42.60-#/ 4,.
Costs 40. Cost Due or Refund
47. ale r r•
48. Dale
12/3/99
and
Sheriff
43.
1. WHITE- Issuing Authority 2. PINK • Anomey 3. CANARY - Sheriffs Office 4. BLUE • Sheriff's Office
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST, YORK, PA 17401
f SHERIFF SERVICE PLEASE TYPE,
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO.'NOT, ;DET
R'
SERVICE CALL
(717) 771-9601
r-TIONS
i`-1. PU11NRFF15l 2. COURT NUMBER y7-Uvoo ? IV.LU
Tammac Corporation 4. TYPE OF WRIT OR COMPLAINT
3,DEFErInAr+rrs Notice b Complaint
Mobils-R-Us, Inc.
-
5. NAME OF INDIVIDUAL, 5: ;5; CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
S€RVE
Mobils-R-Us, Inc.
e. ADDRESS (STREET OR RFD WITK WX NUMBER, APT NO., CITY, BORO, 7WP., S7ATE AND ZIP CODE
AT 764 Corporate'Ci'rcle, New Cumberland, PA 17070
7. INDICATE SERVICE: cl SONAL O PERSON IN CHARGE boEPUTME CUt3&3ilA7BDd 01STCLASSMAIL ..OPOSTED 0OTHER
/ 9-9 19 _ (,.SHERIFF OF W.I1(IKC.OUf1Ty,P AjIB79by deputize the sheriff of
NOW
York COUNTY to execute this Writ an make return thereof according '
to law. This deputation being made at the request and risk of the plaintiff.
.8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland ,.
ADVANCE FEE PD BY CUMBERLAND COUNTY SHERIFF
' NOTE ONLYAPPUCABLE ON WRIT OF EXECUTION:N.B. WAIVER OF WATCHMAN-Any deputy Shed" levying upon or attaching any property.under within writ may leave
• .:
-vne without a watchmen. In astody of whomever Is found in possession, after notifying person of levy or attachment, without liability on the pan or Such deputy or the Sheriff! to any,
eidell Iomin for anY loss desuuctbn or removal of any pmpo(y before sheriffs sale thereof.
TVPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE
James T. Shoemaker, Esq.
Mellon Bank Center Ste 700 Wilkes Barre, PA 187Q1
2. SEND NOTICEOFSERVICE COPVTONAMEANDADDRESS BELOW:(Thlsarea must be cam
Cwherland County Sheriff
;.; ,u.r?..,: ;••1 SPACEBELOW F..OR USE OF.THE SHERIFF ONLY '-
3.ladmowiedgewept ofthewnt SIGNATURE OF AUTHORGED CLERK
or complaint as Indicated above. B. Feeser
SERVED:. PERSONAL( RESIDENCE( ) POSTED( I
f7 ., 17.131 hereby cedey and return a NOT FOUND because I ern unable to W.
te EANDTIRE OF .INDIVIDUAL SERVED/LIST ADDRESS HERE(
NAT) U. ?oA it) LIC Yr.Sf'«aVlp111-
21;ATTEMPTS Dab Tlma MOee dnt- Oab Tlms MIMs Inl Dal
MREMARKS: .
23. Advarcs Oosts 24. Servke Costs 25. N!F 28. Mileage 27. Poste
75.00" "'kB•.00 - 12.40
1 ' 34. Foreign CWnty,Dools Sry. Advance Costs 38. Sern= COSta 37.
vr•.
t ?
41AFFiRMED and eubacdb0d a Qeble me this 3rd 44.Sig?
{
i D2cerrbej, [ 99 45. Sig
I. 42. F day o 18
t 43;
m.T Pudie qe, b
MMI 10 XPIRES Cal
50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATUI
OFAUTHORIZED ISSUING AUTHORITY AND TITLE
}- 1, WHITE. Issuing Authority 2.PINK-Ahomey 3.CANAnY-ShedfrsO
tai :•?,.,4tit°:. EF
,
30.40
Sheds
} - 10. TELEPHONE.NUMBER 11: DATE FILED
5-9401 /99.
otlce is to be reallad).
(:WRITE BELOW THIS
14. Data Received 15. EspiretioNl (.:
11/19/99 12/17/99
SHERIFFSOFFO OTHER( ) - SEE REMARKS
,. etc. named above. (See remarks below.) _ _-
2.00
shadfrs c
..u
a
32.40 42.60 //3(ospy;'
39. Total Costs 40. Cost Due or Relund
3WER".-y' - t"
47. eta ,--:-
t 48.Date
12/3/99
of
'
51.Data Received
COUNTY OF YORK
OFFICE OF THE SHERIFF S(7117) 1719601L
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS_
PLEASE TYPE ONLY LINES i TO 12
/ PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT. DETACH ANY;C?9?IES.
3;.1c
Tanlmac Corporal: ion 4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANTS/ Notice b Comnla3nt
Mobi.ls-R-Ils, In:.
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLO.
Nnbils-R-Us, Inc.
6. ADDRESS (STAEE7 OR RFD WITH SOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE r
AT 764 Corporate Circle, New Cumberland, PA 17070
7.INDICATE SERVICE:, ,0REAS UAL' - O PERSON IN CHARGE 'b DEPUTIZE `'"'d'CERCWAIV" 01ST CLASS MAIL OPOSTED L1 OTHER
NOW 19 _ 1„SHERIFF OF, COUNTY, PA, do hereby deputize the sheriff of
u •: COUNTY to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff. _
,B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILLASSIST IN EXPEDITING SERVICE: Cumber Land
WNAME FEE PD BY CUMBERLAND COUNTY SHERIFF
1
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN •Any deputy sheriff levying upon or allaChing any properly under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying poison of levy or allachment. without liability on the part of such deputy or the sheriff to any
plaintiff herein for any loss, destruction, or removal of any propetty before sheriffs sale thereof.
9. TY NONE D Tn?elnaj D ESS?c,OR /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
allies. °cq.
Mellon Bank Center, Ste 700, Wilkes Barre, PA 18701-1867 717-825-9401 11/17/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed it notice Is to be mailed).
Cwrlberland County Sheriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY-DO, NOT WRITE BELOW THIS LINE,.", 13.1 acknowledge receipt of the will
SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expirau nrQ6KN4ZW
or complaint as indicated above. B. Feeser i 11/19/99 12/17/99 -
16.HOW SERVED: PERSONAL( RESIDENCE ( ) POSTED( ) POEX f SHERIFFS OFF ( ) OTHER O SEE REMARKS
17. 01 hereby cedffy and ream a NOT FOUND because I am unable to locale the Individual, company corporation, etc, named above. (See remarks below.)
..
1B. NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1g. Dateof Service 120.llS Time of Service
v l
f IIN l„ 11 Y[J SA
21. ATTEMPTS Date Time Mtles Int. Date Tlma Mlks Int. Date Time Mlles Int. Date Time Mlles Int. Date Time Mlles Int. Date Tima IMiles IEL
23. AWance Costs 24. Service Cost
$75-00...E 18.00
34. Foreign Counry.Goets 35 Advar
42.day W _
43. _
i
26. Mileale 27. Postage 29. Sub Total 29. Pound 30. NoWryFeo 31. surcharge u. otar r
12.40 30.40 2.00 32.40
6. Service Costs 37. Notary Cert. 38. Mileage/Posoge/N.F 39. Total Costs
3 cc] 44.Slgnalu
me this
1B 45.Sigwlu
County
VMOtary Puam.G 46. ynaa
uY L County
SHERIFFS RETURN SIGNATURE
IITY AND TITLE
.j
Authority 2.PINK•Affomey 3.CANARY•Shenrce Uff" 4.uuue•bnennsumce
a2.6o=v,:?,s03
it Due or Refund
47?9a1eJ ? .? r,
48. oat*12/3/99
ii
eived
1. fi.c?al0
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
(570) 825.9401
TAMMAC CORPORATION,
1140 Route 315
Wilkes-Barre, PA 18711,
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- 6968-Civil
PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enterjudgment in favor of the plaintiff, Tammac Corporation, and against the
defendant, Mobils-R-Us, by reason of its failure, within the required period of time, to file an
answer to the plaintiff's complaint, which was properly endorsed with a notice to plead.
The plaintiffs damages are in the amount of $77,731.49, plus interest, attorney's fees and
costs until paid.
356915.1
A true and correct copy of the notice of intention to enter default judgment, which was
mailed to the defendant, Mobils-R-Us on December 20, 1999, is attached hereto, incorporated herein
by reference and marked Exhibit "A."
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
BY:
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Tammac Corporation
Suite 700, Mellon Bank Center
8 West Market Street
Wilkes-Barre, PA 18701-1867
(570) 825-9401
(570) 829-3460 (Fax)
Dated: January 10, 2000
356915.1
li t
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
(570) 825-9401
TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS
1140 Route 315 OF CUMBERLAND COUNTY
Wilkes-Barre, PA 18711,
Plaintiff
VS. CIVIL ACTION - LAW
MOBILS-R-US, INC.,
764 Corporate Circle
New Cumberland, PA 17070,
Defendant NO. 99- 6968-Civil
NOTICE OF INTENTION TO
ENTER DEFAULT JUDGMENT
TO: MOBILS-R-US
764 Corporate Circle
New Cumberland, PA 17070
You are in default because you have failed to answer the complaint of the plaintiff, Tammac
Corporation in this case. Unless you act within ten (10) days from the date ofthis notice, a judgment
may be entered against you without a hearing and you may lose your property or other important
rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
354087.1 MIBIT "A"
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE 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
COURT ADMINISTRATOR
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or
1-800-990-9108
(570) 825-9401
(570) 829-3460 (Fax)
Dated: December 20, 1999
Suite 700
Mellon Bank Center
8 West-Market Street
Wilkes-Barre, PA 18701-1867
PENNSYLVANIA LAWYER REFERRAL
SERVICE
P.O. Box 1086, 100 South Street
Harrisburg, PA 17108
(Pennsylvania residents phone:
1-800-692-7375; out-of-state
residents phone: (717) 238-6715)
YORK CO. COURT ADMINISTRATOR
York County Courthouse
28 East Market Street
York, PA 17401
(717)771-9234
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
BY:_ r ?
, 1-L--
JADES T. SHOEMAKER, ESQUIRE
ID. NO. 63871
Counsel for the plaintiff, Tammac Corporation
354087.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY. JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF
IDENTIFICATION NO. C3871
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE. PA 18701-1867
(570) 825.9401
TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS
1140 Route 315 OF CUMBERLAND COUNTY
Wilkes-Barre, PA 18711,
Plaintiff
VS. CIVIL ACTION - LAW
MOBILS-R-US, INC.,
764 Corporate Circle
New Cumberland, PA 17070,
Defendant NO. 99- 6968-Civil
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify I am serving a true and correct copy of the
plaintiff's notice of intention to enter default judgment upon the defendant, by depositing said
document in the United States mail, first class, postage pre-paid, addressed as follows:
MOBILS-R-US
764 Corporate Circle
New Cumberland, PA 17070
754094.1
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
James T. Shoemaker, Esquire
ID No.: 63871
Counsel for the plaintiff, Tammac Corp.
700 Mellon Bank Center
8 West Market Street
Wilkes-Barre, PA 18701-1867
(570) 825-9401
(570)829-3460 Fax
Dated: December 20, 1999
354094.1
F,
TAMMAC CORPORATION,
1140 Route 315
Wilkes-Barre, PA 18711,
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- 6968-Civil
DEFAULT JUDGMENT
AND NOW, this _,Qbk day of January, 2000 judgment is entered in favor of the
plaintiff, Tammac Corporation, by reason of the defendant, Mobils-R-Us' failure, within the
required period of time, to file an answer to plaintiffs complaint, which was properly endorsed
with a notice to plead.
The plaintiffs damages are in the amount of $77,731.49, plus interest, attorney's fees and
costs until paid.
PROTHONOTARY
By:
Cl/
956915.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker
ID17NTIFICATION NO. 63871
LAW OFFICES
SUITE SEVEN I IUNDRED
MELLON BANK CENTER
WILKES-BARRE. PA 18701-1867
ATTORNEY FOR Plaintiff
TAMMAC CORPORATION,
1140 Route 315
Wilkes-Barre, PA 18711,
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- 6968-Civil
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of
the a praecipe for entry of default judgment upon the defendant by depositing said document in the
United States mail, first class, postage pre-paid, addressed as follows:
Mobils-R-Us
764 Corporate Circle
New Cumberland, PA 17070
700 Mellon Bank Center
8 West Market Street
Wilkes-Barre, Pa. 18701
(570)825-9401 Telephone
(570) 829-3460 - Facsimile
Date: January 11, 2000
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
By: ???--
JAMES T. SHOEMAKER, ESQUIRE
I.D. NO. 63871
Counsel for the plaintiff, Tammac Corporation
356925.1
Fr
i
F
r'1
G1 C%l
n
,
W
J O ?)
HOURIGAN, KLUGER & QUINN, P.C.
A PROFESSIONAL CORPORATION
TAMMAC CORPORATION,
Vs.
MOBILS-R-US, INC..
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff CIVIL ACTION--LAW
Defendant
NO. 99-6968-CIVIL
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of
the foregoing post judgment request for production of documents upon the defendant by depositing
said document in the United States mail, first class, postage pre-paid, addressed to counsel of record
as follows:
Mobils-R-Us, Inc.
764 Corporate Circle
New Cumberland, PA 17070
700 Mellon Bank Building
8 West Market Street
Wilkes-Barre, PA 18701-1867
Telephone: (570) 825-9401
Facsimile: (570) 829-3460
Dated: February 1, 2000
759117.1
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
By:
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Tammac Corporation
BY: James T. Shoemaker. Esq. ATTORNEY FOR Plaintiff
IDENTIFICATION NO. 63871
Gl ?
i:; ?.. -
] _
(?
^ %?
I?
? ? ?: 1
t _.
;
?_. ;
..7
HOURIGAN, KLUGER & QUINN, P.C.
A PROFESSIONAL CORPORATION
TAMMAC CORPORATION,
Vs.
MOBILS-R-US, INC..
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff CIVIL ACTION--LAW
Defendant
: NO. 99-6968-CIVIL
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of
the foregoing interrogatories in aid of execution upon the defendant by depositing said document in
the United States mail, first class, postage pre-paid, addressed to counsel of record as follows:
Mobils-R-Us, Inc.
764 Corporate Circle
New Cumberland, PA 17070
700 Mellon Bank Building
8 West Market Street
Wilkes-Barre, PA 18701-1867
Telephone: (570) 825-9401
Facsimile: (570) 829-3460
Dated: February 1, 2000
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
By:
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Tammac Corporation
359112.1
BY: James T. Shoemaker, Esq. ATTORNEY FOR Plaintiff
IDENTIFICATION NO. 63871
_, ;?
--? ?'i
,,
?
?
:
; _
4_
<:?
., i.? :?
! --
TAMMAC INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : 99-6968 CIVIL
MOBILE-R-US, INC., CIVIL ACTION - LAW
Defendant
IN RE: PLAINTIFF'S MOTION TO COMPEL POST-JUDGMENT DISCOVERY
ORDER
AND NOW, this z y ' day of March, 2000, a rule is issued on the defendant to
show cause why the relief requested in the within motion ought not to be granted. This rule
returnable twenty (20) days after service.
BY THE COURT,
Ke A. Hess, J.
1(t?
3 ?5
:'??;:Y
f='117: ^S
.u", .. ..
v:.? ? J L?J?ii?I
:,,?,?
MAR 2 2 2004
t\'J
TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
CIVIL ACTION - LAW
VS.
MOBILS-R-US, INC.,
Defendant . NO. 99-6968-CIVIL
ORDER
AND NOW, this day of 2000, upon consideration of the
plaintiff's motion to compel post judgment discovery, this Court hereby orders the defendant,
Mobils-R-Us, Inc., to file full and responsive answers to said interrogatories and request for
production of documents within twenty (20) days or face the imposition of sanctions.
BY THE COURT
J.
368070.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE, PA 18701-1867
ATTORNEY FOR Plaintiff
TAMMAC CORPORATION,
Plaintiff
VS.
MOBILS-R-US, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO. 99-6968-CIVIL
MOTION TO COMPEL POST NDGMENT DISCOVERY
The plaintiff, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby moves
this Court for an order, pursuant to Pa. R.C.P. No. 4019(a)(1)(i) and (vii), to compel the
defendant, Mobils-R-Us, Inc., to answer interrogatories in aid of execution and respond to post
judgment requests for production of documents, and in support thereof, avers the following:
Judgment for the plaintiff against the defendant was entered on or about January
12, 2000, in the amount of $77,731.49 plus interest and costs until paid.
2. The plaintiff served interrogatories in aid of execution upon the defendant,
Mobils-R-Us, Inc., via first class, U.S. mail, on February I, 2000. (A copy of the plaintiff's
cover letter dated February 1, 2000 relative thereto, is attached hereto as exhibit "A" and
incorporated herein by reference.)
769065.1
3. Pursuant to Pa. R.C.P. No. 4006(a)(2), the response of the defendant, Mobils-R-
Us, Inc., was due within thirty days of February 1, 2000, but none has been received as of the
date hereof.
4. On February 1, 2000, the defendant, Mobils-R-Us, Inc., was served with a post
judgment request for production of documents via first class, U.S. mail. (A copy of the
plaintiffs post judgment request for production of documents, a copy of the plaintiff's certificate
of service relative thereto and a true and correct copy of the plaintiff's cover letter relative thereto
are attached hereto collectively as exhibit "B" and incorporated herein by reference.)
5. Pursuant to Pa. R.C.P. No. 4009.12(a)(1), the response of the defendant, Mobils-
R-Us, Inc. was due within thirty (30) days of February 1, 2000 but none has been received as of
the date hereof.
6. The plaintiff requests an order, pursuant to Pa. R.C.P. No. 4019(a)(1)(i) and (vii)
compelling the defendant, Mobils-R-Us, Inc., to answer its interrogatories in aid of execution and
to produce the documents requested in its post judgment request for production of documents.
7. The defendant is unrepresented in this proceeding. Accordingly, C.C.R.P. 206-
2(c) does not apply.
WHEREFORE, the plaintiff respectfully requests this Court to approve the proposed
order annexed hereto.
Respectfully submitted,
HOURIGAN?KLU\GER & QUfNN, P.C.
By. `IG James T. Shoemaker, squire
I.D. No. 63871
Counsel for the plaintiff, Tammac Corporation
700 Mellon Bank Center
8 West Market Street
Wilkes-Barre, PA 18701-1867
Telephone: (570) 825-9401
Facsimile: (570) 829-3460
Dated: March IS 2000
768065.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
LAW OFFICES
ALLAN M.MLUOLR JOSEPH A. QUINN. JR.
RICHARD M. GOLDBERG ARTHUR L. PICCONE SUITE SEVEN HUNDRED
JOSEPH A. LACM RICHARD S. BISHOP MELLON BANK CENTER
RONALD V. SAN70RA NEIL C. WCNNCR B WEST MARKET STREET
MELISSA A. SCARTELLI JOSEPH C. KLUGCR
WILKES-BARRE. PA 18701.1867
DANIEL J. DISTASIO JAMES T. SHOEMAKER
ALCAIA KITA BLAKE' DONALD C. LID ORIO
15701825.9401
JOHN R. HILL MICHAEL J. AOWALSKI
MICHELLE M. QUINN RICHARD M. WILLIAMS FACSIMILE 15701829.3460
JENNIFER L. ROGERS• KEVIN M. CONABOT
E-MAIL: hViCepix.net
ALSO MEMBER NJ SAM
G Ext. 1126
.NDREW H
URIDAN JR.
Iwsnmr February I, 2000
OF CDUNLEL
TNDMAS A. MAKO W LK1
Mobils-R-Us, Inc.
764 Corporate Circle
New Cumberland, PA 17070
Re: Tantmac Corporation v Mobils R-Us, Inc.
No. 99-6968-Civil
Our File No. 6 75 83-2 41
Gentlemen:
SUnC TWO HUNDRED
AJA LACKAWANNA AVC.
SCRANTON. PA 18500.2014
15701 Dae•BU+
FACSIMILE 15701901.5072
SOVEREIGN BUILDING
009 HAMILTON MALL
ALLENTOWN. PA 18101.2111
15101 437.1584
FACSIMILE 161014]7.2529
Enclosed please find a copy ofthe plaintiffs interrogatories in aid ofexecution, with attached
certificate of service, and a copy of the plaintiffs post judgment request for production of
documents, with attached certificate of service.
Please be guided accordingly.
Very truly yours,
James T. Shoemaker
PAH:dg
enc:
pc: Jerry A. Philpott, Esquire (w/o encl.)
Joseph Lombardi (w/o encl.)
Joseph E. Kluger, Esquire (w/encl.)
759172.1
FILE COPY
A. . <.
HOURIGAN, KLUGER & QUINN, P.C.
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker. Esq. ATTORNEY FOR Plaintiff
IDENTIFICATION NO. 63871
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE. PA 18701-1867
(570) 825.9401
TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff CIVIL ACTION--LAW
VS.
MOBILS-R-US, INC.,
Defendant . NO. 99-6968-CIVIL
PLAINTIFF'S POST JUDGMENT REQUEST
FOR PRODUCTION OF DOCUMENTS
The following documents in the attached schedule are to be produced for inspection,
testing and copying in the above-designated offices of counsel at 9:30 am. thirty days from this
date. You must produce those items possessed or controlled by you or anyone acting or having
acted on your behalf including, but not limited to, your attorneys, accountants, agents, servants,
workmen, employees, and other natural persons, businesses or organizations. Alternatively you
may respond by attaching marked copies of the documents hereto, executing a verification and
transmitting/sending the same to the undersigned.
These requests for production are continuing. Any items secured subsequent to the
production of those requested which would have been includable in the initial response should be
produced immediately after the same are brought to your attention or come within your
possession or control as previously defined.
The term document as used herein means any report, writing, memorandum,
correspondence, tape or magnetic recording, computer program or data, including software
record layout, description of the way information is stored on the media, whether it be tape,
diskette or CD; any utilities used to modify said tape, diskette or CD, such as encryption,
compression or encoding; type of software used to collect or process the data, such as Lotus
Spreadsheets, Quattro Pro, WordPerfect, etc., visual or audio reproduction, sketch, drawing,
photograph or other manual, stenographic, mechanical or other form of record.
Production should be made whether your interest in the document identified and account
or obligation evidenced thereby is sole, joint or collective.
)59114.1
A.,
Each request and portion of each result is deemed severable and if objection is made to all
or part of a request, the remainder should be produced. If you object solely to the copying or
testing of a document or thing, it should be produced for inspection.
1. Your income tax returns filed with each separate taxing authority for the years
1997, 1998, and 1999.
2. All Internal Revenue Service Form 1099s (regardless of letter designation) and
form W-2s (regardless of letter designation) received and/or issued by you in the past three years.
3. Your last financial statement.
4. Your checking, savings, and other bank account records for the years 1997, 1998
and 1999, including but not limited to, canceled checks, statements, and deposit tickets.
5. Your current books of account.
6. Writings evidencing your claims against, and accounts receivable from, others.
7. Your leases, certificates of title, deeds, mortgages, stocks, bonds, securities,
promissory notes, contracts, and agreements.
8. Loan applications submitted by you within the past year.
9. Policies of insurance in which you are named as an insured or beneficiary.
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
BY: V??--
700 Mellon Bank Center
8 West Market Street
Wilkes-Barre, PA 18701-1867
(570) 825-9401 Telephone
(570) 829-3460 Facsimile
Dated: February 1, 2000
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Tammac Corporation
359114.1
HOURIGAN, KLUGER & QUINN, P.C.
A PROFESSIONAL CORPORATION
TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff CIVIL ACTION--LAW
Vs.
MOBILS-R-US, INC.-
Defendant . NO. 99-6968-CIVIL
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of
the foregoing post judgment request for production of documents upon the defendant by depositing
said document in the United States mail, first class, postage pre-paid, addressed to counsel of record
as follows:
Mobils-R-Us, Inc.
764 Corporate Circle
New Cumberland, PA 17070
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
By:
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Tammac Corporation
700 Mellon Bank Building
8 West Market Street
Wilkes-Bane, PA 18701-1867
Telephone: (570) 825-9401
Facsimile: (570) 829-3460
Dated: February 1, 2000
739117.1
BY: James T. Shoemaker, Esq. ATTORNEY FOR Plaintiff
IDENTIFICATION NO. 63871
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
LAW OFFICES
SUITE SEVEN
ATTORNEY FOR Plaintiff
TAMMAC CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
Vs.
MOBILS-R-US, INC.,
Defendant
NO. 99-6968-CIVIL
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy
of the foregoing motion and order upon the defendant, by depositing said document in the United
States mail, first class, postage pre-paid, addressed as follows:
Mobils-R-Us, Inc.
764 Corporate Circle
New Cumberland, PA 17070
700 Mellon Bank Center
8 West Market Street
Wilkes-Barre, PA 18701-1867
Telephone: (570) 825-9401
Facsimile: (570) 829-3460
Dated: March 1 S, 2000
3690711
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
By:
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Tammac Corporation
Mme...
_ C)
C\ i
'i:7; R Ll'J
o L;? CG u1W
t L77 Ll
? U
O c)
TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
CIVIL ACTION - LAW
VS.
MOBILS-R-US, INC.,
Defendant NO. 99-6968-CIVIL
AFFIDAVIT
I, JAMES T. SHOEMAKER ESQUIRE, being duly sworn according to law, depose and say
that on April 3, 2000, I served a true and correct copy of the Court's Order dated March 28, 2000
upon the Defendant by forwarding said document via certified mail return receipt requested, to the
Defendant's President as follows:
Randy R. McKinney
135 Andrews Way
Etters, Pa 17319
The Defendant received the Court's Order on April 5, 2000, as evidenced by U.S.
Postal Service form 3800, a copy of which is attached hereto Exhibit "A."
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for plaintiff, Mellon Bank, N.A.
700 Mellon Bank Center
8 West Market street
Wilkes-Barre, PA 18701-1867 Sworn to and subscribed before me
Telephone: (570) 825.9401
Facsimile: (570) 829-3460 this 10th day of April, 2000
Dated: April 10, 2000 r
373203.1 Notary PEI ' V
ILUlAM WMAL
GLOM iE9Y<TMUCKM IWAAY MM
WIL.KWARIM 1103M COI811Y
ron commollnt umm AUGUST u• 2000
r:
I 1
7 C!_.1
I '
Ar
c SENDER:
v •Cpnplele hems t andror 21or additional services. I also wish to receive the
a •Campate hems 3, 4a, and 4b. following ing services (tor an
m •Pdnt your name end address an the reverse of INS form so that we W return We 6#f8 n6):
read to you.
i •Ahach this form to Ina horn of the mailpece, or on the back If Spam dose not
` Perr* 1. ? Addressee's Address
m •wdte'Retum Receipt Requested'on the maAdece below me article number. 2.? Restricted Delivery
•The Return Receipt will show to whom the aside was delivered and the date
e delvered. Consult posbnesterfor fee.
0
u 3. Article Addressed to: 4a. ArtlGe Number
n
`
a /? j//(??' ,e'' - 4b. Service Type
m 1 36 l l
A-w k Wo Express Mall E3 Insuuroc
u Receipll s ? COD
c -el?,a e PA 17319 Retrn
7. Date of Delivery
O-s - o
5. Received By. (P7inf Name) 8. Addressee's Address (Ontyifrequested
and fee is paid)
6. Signature: (Addressee, orAgenrl
X f • C/
PS Form 3811, December 1994 1025x97."179 Domestic Retum Receiff
i
r
it
i
(r
I
l
i