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HomeMy WebLinkAbout99-07577 • 4lft TAMMAC CORPORATION, Plaintiff VS. ELWOOD D. AMSPACKER, JR., Defendant DEC 2 2 1 96 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW RE-P7LEEVIIN Ng.i? `JCIVIL 1999 ORDER AND NOW, this 29 tday of.D cZ , top , IIII, upon consideration of the foregoing motion, it is hereby ordered that A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. The respondent shall file an answer to the motion within -2?L days of this date; 3. The motion shall be decided under Pa. R.C.P. No. 206.7; 4. Depositions shall be completed within KZ days of this date; 5. Argument shall be held on 7)lVeAl ao°O • in courtroom _/ of the 2t,9:06 p. M., G'?ounty Courthouse; and 6. Notice of entry of this order shall be provided to all parties by the petitioner. 353167.1 13Y THE COURT: HOURiGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF 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. REPLEVIN ELWOOD D. AMSPACKER, JR., Tb - NO. CIVIL 1999- 7,r7;7 Defendant PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa. R.C.P. 1075.1, its motion for writ of seizure, as follows: 1. The plaintiff is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 275 Mundy Street, Wilkes-Barre, Luzerne County, Pennsylvania 18702. 2. The defendant, Elwood D. Amspacker, Jr., is an adult individual, having an address of 6412 Carlisle Pike, Lot 108, Mechanicsburg, Cumberland County, Pennsylvania 17055. 351806.1 3. On or about November 28, 1997, the defendant entered into a financing agreement (the "Contract") with the plaintiff which Contract was for the financing of a 1993 Skyline Manufactured Home bearing vehicle identification number 33110969F (the "Collateral"). (A true and correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein by reference.) 4. By the terms of the Contract, the plaintiff maintained a security interest in the Collateral pursuant to a Commonwealth of Pennsylvania, Department of Transportation, Certificate of Title for a Vehicle (the "Certificate of Title"). (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Contract was not assigned, except as set forth above. 6. The defendant has defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. The Collateral's current value is unknown but it is believed to be an equal or lesser value than the balance due and owing plaintiff by the defendant. 8. The plaintiff believes and therefore avers that the defendant has possession of the Collateral. 9. The defendant has failed and refused, despite repeated demands by the plaintiff, to pay the balance due under the Contract or to deliver possession of the Collateral to the plaintiff. 10. The balance of the Contract as of November 29, 1999 was $18,580.38, together with interest from November 29, 1999, accruing at the per diem rate of $6.95, late charges, and costs from that date. 11. On information and belief, the defendant received his discharge in bankruptcy. 12. The plaintiff has filed an action in replevin against the defendant. 361806.1 WHEREFORE, the plaintiff prays this Court to enter an Order in favor of the plaintiff and against the defendant and to direct the defendant to turn over the Collateral to the plaintiff. Respectfully submitted, Hourigan, Kluger & Quinn, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for plaintiff, Tammac Corporation 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570) 825-9401 (570) 829-3460 (fax) Dated: Dece^tiw-IY 4Iyjq 351806.1 f Ff Exhibit A (1 , '(( ) )I J \v/ DIRECT INSTALLMENT LOAN TRUTH-IN-LENDING DISCLOSURE ., jJ Manufactured Home (Fixed Rate) Lenderiammac Corporation Date: 11128/97' a®rrrv,.e _. cost of the ewer's credit as a 14.0009 Amount Financed The amount of credit the credit provided to the Borrower or war_ on the Borrower's behalf. Total of Payments The amount the Borrower will have paid after Borrower has made all payments as scheduled. 20,043.46 $ 18,741.50 I$ 38,784.96 Number of Pa menns Amount of Payments m an nestimate When Payments Are Due 144 $ 269.34 Monthly, beginning 12/28/97 Lord unarge: t 1 Not Applicable. I st I If a payment is not made property held by Lender, and: within 15 days of its due date, Borrower may be charged the I INone. I X I Manufactured Rome being purchased. GREATER of $ 20.00 or 10.00 % of the I I Beal Estate. I 1 total amount of the payment which was not paid in full. Prepayment: If Borrower pays all early, Harrower will not have to pay a penalty. In addition, collateral (other than Borrowers principal residence) Annual Required Percceennt ts getRateadoes not take Into aclcount your required securing other obligations to Lender may also secure this Note. deposit balance. Security Interest Charges: Assumption: If this loan is secured by a dwelling, someone 1 1 None (X J Filing Fees F 5.00 purchasing that dwelling cannot assume the remainder of the loan on 0 the original terms. See your contract docemenis for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. X Comprehansiveon $ INCL. Term 60 _Mos. Other Manufactured Home 76vcdba) $ N/A Term_Mos. X Fire and Theft $ INCL. Torte 6 0 _Mos, TOTAL CHANGES 0r129. 00 NOTICE:I i If checked sea separate Itemization of Amount Financed I I See HUD•IA Itemization of Amount Financed Amount Financed $ 18,741.50 Ill Amount given directly to Borrower $ N/A (2) Amount paid on Borrower's account $ 17,500.00 131 Amount retained by lender for Closing Costs $ 50.00 (4) Amount paid to others on Borrowers behalf N/A Is) to public officials $ N/A IN to Credit Insurance company , $ N/A (c) to Property Insurance Company It 1 129.00 (it) to Tammac Corp $ N/A Wto Tammac erdt Into Title/Reg $ 22.50 (g)to VSI $ N/A INto Sales Tax $ N/A film Filing Fees Prepaid Finance Charge 00 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 cast lease . P read the NOTICE OF PROPOSED CREDIT INSURANCE on 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, costs $ N/A What are Years which costs $ N/A yaurages7 1 SignatureafBWarlobe Insured for Single CreditLila 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 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 It 18,741.50 ,with interest on the unpaid balance from the date funds are advanced unto paid in full. Interest shag be paid at the rate par annum of 14.0000 %. Borrower promises to make payments in accordance with the payment schedule stated in this Nate. Borrower promises to pay to Lender all other amounts which may become due under the taro of this Note, including, if applicable, Late Charges and Costs at Collection. Borrower agrees to make payments at the plccc designated by Lepdpr. PAYMENT SCHEDULE Borrower agrees to pay to Lender the amounts due under this Note in uninterrupted monthly potentials: 144 payments of 4 289.34 and a final payment, which wig be billed by Lender, of all remaining unpaid amounts. Payments will be due on the same day of each month starting on 12128197 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 XI Borrower agrees that tender may assess a late charge tar anYpayment not paid in full within 15 days of its due date. The late charge will bathe GREATER of$ 20.00 cr10.00 %ofthetotalamountofthe 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 ro) because, after default by Borrower, the entire outstanding balance on this Nate is due. No more than one late charge will be imposed for any single scheduled payment. to MULTIPLE PARTIES: If there is more than one Borrower, each agrees to be responsible to tender, 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 else at the direction of any Borrower will be the equivalent of payment to each Borrower and for the benefit of all Borrowers. Aeur r luRAL r"UVINIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE. ROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED-IN COPY OF S NOTE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY THE TEppj?AAS AND CONDITIE' nn N?,pF THIS NO . Each of the Borrowers guarantees Ulmio lure of anwWwr'„?,ort,*- 11/28/97 Date Borrower Dale 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. Co Maker Dete Co•Maker Date PAS42A 1 L 01m NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ORIGINAL 019979ANCONSUMm am17CE. INC, X Manufactured Home 1.129.00 Term 60 Mos. Other Physical garage lm. 111iia3a) $ N/A Term ----Mos. TAN-01423 Copy ADDITIONAL PROVISIONS COMPUTING INTEREST: Interest is charged on a daily basis, according to the outstanding balance subject to interest on each day of the lain torte. 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 Inlaresi 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 applied to the satisfaction of scheduled payments in the order in which they become due. WAIVER BY LENDER. It Borrower has made or makes in the future another loan agreement with tender, Lender might obtain a security interest in the principal dwelling of Borrower or someone abe 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 rate. to secure this Note unless the security interest Is spoof holly 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 Biter (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 pentriftled by law, cbInter le law shall, in that event and at Iha, time, accrue at the highest rate wed by DEFAULT: (As used in this paragraph, the farm 'Borrower" includes Borrowers, Ca-Maken, Guerantors, sureties, and any owner of property which is security far 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 fags to keep any promise made In this Nate or defaults In any other note, loan or agreement with Lender, or (a) 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 or any other certificate or document given or made for this loan; or 10 uppan the death of Borrower or any ona of ahem if there is more than one; or (p) I orrowsr provides Lander whh false Information or forged signatures at 80Y lima; Or Oil 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 an this Nate shall be immediately due, at the option of the Lender. This will happen without any prior notice to Borrower, or night to cure, except as mal,Ybe required by law. Borrower will also be in default: O) If Borrower becomes insolvent andlar cannot pay Borrowers debts as they become due; ar 07 if any other creditor tries by legal process to take any money or property of Borrower in the Lenders possession; or W if Borrower files a bankruptcy petition or if anyone files an involuntary bankruptcy against Borrower, or 0) H Borrower makes an assignment for the benefit of creditors, or any insolvency, reorganization, arrangement, debt adjustment, recelvarship, trusteeship, liquidation or other legal or equitable proceedings are instituted by or against Borrower; or (n) 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 (i),G), (k), 0), or (m) happens, the entire outstanding balance an this Note shag 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, acceptance, performance, default or enforcement of this Note. Borrower further waives any right to require due diligence in collection by Lander. DELAY IN ENFORCEMENT: Lender can delay enforcing any rights under this Note without losing any rights. Lenders failure to enforce any night under this Note shall not act as a waiver of that dph1 or raclude the exercise of that night in the event of a future occurrence of the soma event. [ender 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 wanes 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 be charged. The charges are to repay Lender for the fees paid to public officials to protect, continuo, or release any security interest given in the Security Agreement or Mortgage. PROPERTY INSURANCE: If property insurance and/or flood insurance is required under this Note, a Mortgage, or a Security Agreement, Borrower may obtain property andlar flood insurance lane anyone that is acceptable to Lender. it Head insurance is required, Borrower has boon separately notified. PREPAYMENT: Borrower may prepay, in full or in part, the amount owed on this Note at any time without penalty. It 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 aftfact taxes due an the Manufactured Home; (b) to allow tender the right to inspect the Manuured 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 fees, taxes or the costs necessary to keep the Manufactured Home in goad 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 owes on this Note. Any amount Lender advances on Borrowers behalf will be added to the balance on which Lender imposes Finance Charges at the Annual Percentage Rate of this Note, if permitted by law, and will be repayyable, as Lender alone may specify: Ol immediately on demand, or hl 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 Nate, in substantially equal payments from the date of the payment change over a term which tender will choose but which will not be longer than the remaining term of this Note. Landers payments on Borrower's behalf will not cure Borrower's failure to perform Borrower's promises in this Note. Borrowers 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 night 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 rife 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 Note and tender 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 lean against any of Borrowers 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 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. ASSIGNMENT: Borrower may not assign or otherwise transfer Borrowers rights under this Note to anyone else. 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 INSURANCh The Signer(s) of this Note hereby take(,) notice that Group Credit Life Insurance coverage and/or Group Credit Accident and Health insurance coverage will be applicable to this Note If 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 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 to be purchased. 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 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 berore 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 derault, that fact may become a part or your credit record. PASa7A-1 W71 ORIGINAL Exhibit B 1 L/ VJ/QUO 1U ? 11 I'/fA ?J VVL l l? C c c C C C C 12/03/99 FRI 17:11 (TX/RX NO 90271 VERIFICATION I, Donald F. Bordick, Collection Manager of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing motion for writ of seizure are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Donald F. Bordick,"Collection Manager 351943.1 r C1, n - <.__.: -.__.. `1; HOURIGAN, KLUGER IS, OUINN A PROFE55IONAL CORPORATION ALLAN M 6L000R RICHARD M OOLOBCRG 405CPH A. LACH RONALD V. SANTORA MELISSA A SCARTCLLI DANIEL J DISTA510 ALEXIA NITA BLAMC• JOHN R. HILL MICHELLE M QUINN KEVIN M CONABOT JOSCPH A QUINN. JR. ARTHUR L. PICCONC RICHARD 5. BISHOP NEIL C. WENNER JOSCPH C. ALUGCR JAMES T. 5HOCMAKCR DONALD C LIGORIO MICHAEL J KOWALSKI JENNIFER L R000RS. LAW OFFICES SUITC SEVEN HUNDRED MELLON BANA CCNTCR B WCST MARKET STREET WILKES-BARRE. PA 18701-1867 (5701825-9401 FACSIMILE 15701 829-34GO SUITE TWO HUNDRED 434 LACKAWANNA AVE. SCRANTON. PA 18503.2014 15701 346-8414 FACSIMILE 15701 061.8072 SOVEREIGN BUILDING 600 HAMILTON MALL ALLCNTOWN. PA 18:01-2111 16101 437.1584 FACSIMILE 16101 437-2629 . ALIO MENDER NJ BAR ANONCW NOYRIOAN. JN. mums 01 COUNSEL THOMASA MAKOWS94 Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 E. MAIL: hkgCePknet Ext. 1126 December 14, 1999 Re: Tammac Corporation vs. Elwood D. Amspacker, Jr. No. Civil 1999 (Cumberland County) (Replevin) Our File No.: 67583-224 Dear Sir/Madam: I am enclosing herewith for filing an original and three copies of a complaint in replevin and a motion for writ of seizure, with attached proposed order. Upon your receipt of the enclosed, please assign a term and number to this matter. (I have enclosed a check made payable to the order of "Prothonotary" in the amount $45.50 in order to cover your filing fee.) Thereafter, please transmit a file-stamped copy of the motion for writ of seizure to the Court Administrator for assignment to a judge for disposition. _ -- "' Additionally, please forward a file-stamped copy of the complaint and a file-stamped copy of the ` motion for writ of seizure, together with the check made payable to the order of the Sheriff in the amount of $100.00, to the Sheriff for service of the complaint and the motion for writ of seizure upon the defendant. - Thank you for your assistance with this matter. Please call me if you have any questions. Best regards, James T. Shoemaker JTS/ss Encl. PC: Donald F. Bordick (w/encl.) fl?llac,eL- Joseph E. Kluger, Esq. (w/o encl.) ? vL _ Y? asalso.l ?' ?L DEC 2 z 199:- D TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff Vs. CIVIL ACTION - LAW ELWOOD D. AMSPACKER, JR., REPLEVIN Defendant NO. CIVIL 1999 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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) R Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 351818.1 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 ATTORNEY FOR PLAINTIFF TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW ELWOOD D. AMSPACKER, JR., REPLEVIN Defendant NO. CIVIL 1999 - '7 s 77 ?tv ! Tu COMPLAINT The plaintiff, Tammac Corporation, by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains of the defendant, Elwood D. Amspacker, Jr., as follows: 1. The plaintiff is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 275 Mundy Street, Wilkes-Barre, Luzerne County, Pennsylvania 18702. 2. The defendant is an adult individual, having an address of 6412 Carlisle Pike, Lot 108, Mechanicsburg, Cumberland County, Pennsylvania 17055. 351798.1 3. On or about November 28, 1999, the defendant entered into a financing agreement (the "Contract") with the defendant which Contract was for the financing of a 1993 Skyline Manufactured Home bearing vehicle identification number 33110969F (the "Collateral"). (A true and correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein by reference.) 4. By the terns of the Contract, the plaintiff maintained a security interest in the Collateral pursuant to a Commonwealth of Pennsylvania, Department of Transportation, Certificate of Title for a Vehicle (the "Certificate of Title"). (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Contract was not assigned, except as set forth above. 6. The defendant has defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. The Collateral's current value is unknown but it is believed to be an equal or lesser value than the balance due and owing plaintiff by the defendant. 8. The plaintiff believes and therefore avers that the defendant has possession of the Collateral. 9. The defendant has failed and refused, despite repeated demands by the plaintiff, to pay the balance due under the Contract or to deliver possession of the Collateral to the plaintiff. 10. The balance of the Contract as of November 29, 1999 was $18,580.38, together with interest from November 29, 1999 accruing at the per diem rate of $6.95, late charges, and costs from that date. 11. On information and belief, the defendant received his discharge in bankruptcy. 351798.1 WHEREFORE, the plaintiff demands judgment in replevin in favor of plaintiff and against the defendant in the amount of $18,580.38, plus interest from November 25, 1999, at the per diem rate of $9.20, late charges, and costs until paid, so as to allow the plaintiff to exercise its rights against the Collateral. Respectfully submitted, Hourigan, Kluger & Quinn, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for plaintiff, Tammac Corporation 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570) 825-9401 (570) 829-3460 (fax) Dated: ly4 1551 a i 351799.1 Exhibit A ? DIRECT INSTALLMENT LOAN TRUTH-IN-LENDING DISCLOSURE U\: PY Manufactured Home (Fixed Rate) Lender.TaNRlac Corporation Data: 11/28/91 FINANCE Amount Financed The amount of credit Total of Payments The amount the Borrower will @1CENTAGE BBBA E CHARGE The dollar amount the credit provided to the Borrower or on the Borrower's behalf. have paid after Borrower has made all payments as scheduled. The cost 9f the will cost the Borrower. Borrower s credit as a yearly rate. 14.001110 $ 20,043.46 $ 18,741.50 $ 38,784.96 W he will hn- a meant an estimate a Borrowers Payment Number of Payments Amount of Pe ments When Payments Are Due 144 $ 269.34 Monthly, beginning 12/28/97 .._...... e------- ,_ 1...d,. .. 1.,. rh. ..1 I ar., a..n.ahle I X 1 If • navmnnl 1. eel made aouunq. wuum w youmy ........, .......... property held by Lender, and: i 111101104 I X I Manufactured Home being purchased. I I Real Estate. I I In addition, collateral (other than Borrowers principal residence) securing albs obligations to Lender may also secure this Note. Security Interest Charger. i INone IX iFiling Fees $ 5.00 within 15 days of its due date, Borrower may he charged the GREATER of 1 20.00 of 10.00 YI 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 Ustal t Balance: IX I Not Applicable. I I The Annual Percentage Hate does not take Into account your required deposit balance. Assumption: If this loan is secured by a dwelling, somoane 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 data and prepayment refunds and penalties, PROPERTY INSURANCE: You may choose the home and against liabgity, arising out of use a vvremium casts for the insurance terms Indic REMIZATION OF AMOUNT FINANCED secti on the reverse side of this Contract, you are pro X Manufactured Harts 1, 129.00 Term 60 -Mos. Other Physical Barrage lm. -rascnbe) Xcompohemivean 1 INCL. - Term _6-alas. Other 1rucrba) Manufactured Home X Fi, and Theis $ INCL. Term 6,ios. of or damage to I N/A Tom _____Met. I N/A Term ___-_Mai. TOTAL CHARGES 0, , 129 . 00 By dgning, you both select Joint Credit Lire Insurance, What are which costs 1 N/A yourages? CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance is not required to obtain credit, and will not be provided unless you sipn below and spree to pay the additional cost. Please read the NOTICE OF PROPOSED CREDIT INSURANCE an the reverse side. Your Insurance certlllcele of policy will loll you the MAXIMUM amount of Insurance available. By signing, you select Single Credit Life Insurance, which What Is your age? costs 11; N/A -Years Signature of Buyer to be insured for Single Credit Life Insurance Insurer. DIRECT INSTALLMENT LOAN NOTE MULTIPLE PARTIES: If there is more then one Borrower, each agrees to be responsible to DEFINITIONS: In this Note, the word "Borrower means each and all of those who sign tender, Individually and together, for payment in full of this loan. Borrowers agree that below and each and all of those who endorse the check which disburses the proceeds of Palmer of ell of part of the proceeds of this Note to any Borrower or to anyone else at the this loan. direction at any Borrower will he the equivalent of payment to each Borrower and for the benefit of all Borrowers. The word •Lenaarmeans Tammac Corporation or any person to whom this Note has been transferred. BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promisee to pay to tender $ • 18,741.50 , with interest on the unpaid balance tram the date funds are advanced until paid in full. Interest shall be paid at the rate per annum oil4.0000 yr. 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 duo under the terms of this Note, Including, if applicable, Late Charges and Coils of Collection. Borrower agrees to make payments at the place dosignatod by Lepder, PAYMENT SCHEDULE: Borrower agrees to pay to Lender the amounts due under this Nato in uninterrupted monthly payments: 144 payments of 1 269.34 and a final payment, which will he billed by Lender, of 0 remaining unpaid amounts. PaymentswiUbedue an theismeday of each month sterling air 12/28/97 Payments wig continua until all unounis due are paid. The date that the final payment Is scheduled In this paragraph to be due It called the 'Maturity Date' of this Note. LATE CHARGE 1 I Not Applicable. I XI Borrower agrees that lender may woos a life Charge for anypayment not paid In full within 15 days of In duo due. The late charge will hours GREATER at $ 20.00 of 10.00 % at the total amount of the payment which was not paid in full. No lots charge will be due, however, If the reason that the payment Is late is either: tat attributable to a Into charge &sttated on a pilaf payment: or (b) because, after default by Borrower, the entire outstanding balance an this Nola Is due. No more than one late chargewill be Imposed for any tingle scheduled payment. THE ADDITIONAL BORROWER ACXI THIS NOTE. BY SI ALL THE TERMS I NOTICE:I I If checked see separate Itemization of Amount Financed I I See HUD•IA guarantees 11/28/97 Date Borrower Date CO-MAKERS-SEE NOTICE TO CO•SIONER ON THE REVERSE SIDE: Any Borrower who Is designated as a Cc-Maker agrees to he equally responsible with all other Borrowers for the payment of this loan and performance of all promises in this Note. Cc-Maker Date Co-Maker Date NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION PA517A.I LA117) ORIGINAL 0 1997 eANCONSI NER SERVICE INC. • Lender may receive a portion of this amount TAN-01423 COpv ADDITIONAL PROVISIONS COMPUTING INTEREST. Interest is charged on 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 on that day divided by the number of days in that calendar year. Borrower agrees that because interest is calculated on 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: It 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 or sameona 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 A seeudty interest In the principal dwelling of any parson to secure this Note unless the security Interest is specifically given to secure this Nate. INTEREST AFTER MATURITY: Unless prohibited by applicable law, interest at the rate provided in ibis Note shall continue to accrue an the unpaid balance until paid in full, even after (whether by acceleration or otherwise) maturity andfor if judgment If entered against Borrower for the amounts due. If at any time interest as provided for in this paragraph (snot permitted by law, Interest shall, in that event and at that time, accrue at the highest tale allowed by applicable law. DEFAULT., (As 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 Borrower does not make any payment before or an 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 ar agreement with Lender; ar (c) if anyone who signs the Security Agreement or a MOrtpago securing this Nate breaks any promise made fn the Security Agreement ar Marlpege; including but not limited to the promise not to sell, give away or transfer title to the property which is the subject aftheMortpapearsecurityintaresbor (d! H any progeny in which Lender has obtained a seeudty merest to secure ibis Note is lost, stolen (end not recovered w thin a reasonable t mat or destroyed; or (e) (f Borrower has made any untrue statement or msrepresemotion in the credit appgcation or any other certificate or document given Or made for this loan; or (0 upenlhedaathefBartoweroranyonaofihemifthereismorathanone; er (p) HBanawerprovidesLenderwthfalsainfarmationarforpedsipnaturesatanytime; or G) if a court with proper jurisdiction to do so finds that Orr at, or any one of them, is incapacitated. If Borrower is in default, the entire outstanding balance on this Note shall be insmadiately due, at the option of the tender. This will happen without any prior notice to Borrower, or right to cure, except as mail he required by law. Borrower will also be in deult: 0 if Borrower becomes insolvent earlier cannot pay Borrawar s debts as they became due; or 0 if any other creditor ides by legal process to take any money or property of Borrower in the Lender's possession; or III) H Borrower files a bankruptcy petition or if anyone fias an involuntary bankruptcy against Borrower at 0) if Borrower makes an assignment for the benefit of credhors, or any Insolvency, reorganization, arrangement, debt adjustment, receivership, trusteeship, riquidation ar other lapel or equitable proceedings are Instituted by or against Borrower or Gel if any judgment, tax lien, municipal charge or tax levy Is filed or writ of execution is Issued against Borrower. If any avant described in N,@, 00, 0), 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 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 delivery, acceptance, performance, default or enforcement of this Note. Borrower further wanes any right to require duo diligence in collection by lender. DELAY IN ENFORCEMENT: Lender can delay enforcing any rights under this Note without losing any rights. 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 soma avant. tender 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 pro any 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 lees 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 at Mortgage. PROPERTY INSURANCE: If property insurance andfor (load insurance is required under this Note, a Mortgage, or a Security Agreement, Borrower may obtain property and/or flood insurance from anyone that is acceptable to Lendar. 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. It Borrower prepays the loan in part, Borrower agrees to continue to make regularly scheduled payments until all amounts due under this Note are paid. BORROWED MANES THE FOLLOWING ADDITIONAL PROMISES TO LENDER: (a) to yay all taxes due on the Manufactured Home; (b) to allow Lender the right to inspect the Manufactured Home at am reasonable time, and to maintain the Manufactured Home in paad condition and repay, reasonable wear end tear excepted, (c) to keep the h4anutactured Home fully insured against lossor damage, as provided in the Security Agreement andfor Mortgage; (dI to pay all filing lees necessary far Lender to obtain and maintain its security intBlast.If Borrower tails to honor the promises to maintain insurance in etfacL or to pay Imlmnp lees, taxes or the Oasts necessary to keep the Manufactured Home in good condition end 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 Noma. Such insurance will he limited to an amount not greater than what Borrower owes on this Note. Any amount Lender advances an Borrowers behalf will be added to the balance an which Lender imposes Finance Charges at rho Annual Percentage Hate of this Nate, if permitted by law, and wi116e repoya?le, as Lender alone may specify: (7 mmediately on demand; Or m along with the monthy yayments. If Lender chooses to allow Borrowar to repay the amounts advanced in installments, end if permitted 6y law, Borrower agrees that tender will increase iha amounts of the monthly payments (n an amount sufficient to repay the amount Lender advanced at the Annual Percentage Rete of this Nate, in substantially equal payments from the date of the payment change over a term which Lender will choose but which will eat 6e longer than iha remaining an of this Note. Lenders payments on Borrowers behalf will not cure BOrtowers failure to perform Barowees promises in this Nota. Borrowers promises made and Lendels rights set forth in this section shall net merge with anyjudpment entered in any legal all amounts we are paid in action and shall apply until lull. LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives tender the right to sign Borrower's name on any check or draft from an insurance company. This is funded 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 altomayfn•fact for Borrower with the full power to endorse checks or drafts. COSTS OF COLLECTION: It Borrower is in default under this Note and tender 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 Borrawe'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 spBase. This also includes any properly, credits, securities, or money of the 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 Barrowers rights 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, and Borrower's rights and obligations under this Nate will continue unchanged. HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of this Nola shall he binding upon the Borrower, and the heirs and personal representatives of the Bell away. 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 covenge and/or Group Credit Accident and Health In coverage will be anpliwble to this Note com rf so marked on the front side of this Note, and each such type of covers a will be written by the ins pany named. is insurance, subject to acceptance byy the insurer, covers only the person signing the request ?or such insurance. The am charge rs indicated for each type of credit insurance to 6e purchased. The urns of the insurance will commence as of the date the indebted incurred and will IF on the original mamriry date of the indebtedness. Subject to acceptance by the insurer and within 30 days there delivered to the insured debtor a certsfiwte of i _urance more fully descrihine the insurance. In the event of prepayment of the indebtedness, a of insurance ch arg ed will be made when due. FORM NF G 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 they 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•1 0611171 ORIGINAL ?1 nee ? I I I I ? I I - L 14.1 - I ? ? I I D' I -'? 1 -111 1? G) 12/03/99 FRI I VERIFICATION 1, Donald F. Bordick, Collection Manager of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. " - a uZ?" "? Donald F. Bordick, Collection Manager 351946.1 1 C? ' L •? 1 1 !I i v o- 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, Plaintiff VS. ATTORNEY FOR PLAINTIFF ELWOOD D. AMSPACKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION- LAW REPLEVIN NO. 99-7577 AFFIDAVIT OF SERVICE 1, James T. Shoemaker, Esquire, being duly sworn according to law, depose and say as follows: Pursuant to this Court's Order dated December 29, 1999, on January 4, 2000, I served a true and correct file-stamped copy of this Court's Order dated December 29, 1999, together with a file-stamped copy of the plaintiffs motion for writ of seizure and a file-stamped copy of the plaintiff's complaint in replevin upon the defendant. The defendant received the foregoing on January 5, 2000, as evidenced by the copy of the U.S. Postal Service Form 3811, attached hereto as Exhibit "A" and incorporated herein by reference. 336668.1 L :kl Respectfully submitted, Hourigan, Kluger & Quinn, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for plaintiff, Tammac Corporation 700 Mellon Bank Center 8 West Market Street Wilkes-Bane, PA 18701-1867 (570) 825-9401 (570) 829-3460 (fax) Dated: January 7, 2000 Sworn to and subscribed before me this /Y// day of January, 2000 Notary Public A. :lalary Pc61ic I ...... Ivaco Caualy MY Ccr.ro7 rirec CCL 9^2501 356668.1 2 u SE DER: - mo Comoats name t Sndtor2 for additional "PAces. + I also wish to receive the following services (for an e m •COmpale eems a, 1a, and 4b. •PdN your name Srld address on the reverse of INS torn, so that we can farm INS extra fee): u cardto . •Aeech Ileunorm to the horn of the IWOSce, or on the bear a Space does not 1. ? Addressee's Address Z y o •WAe'Refum Receipt Requeared'on eo malldece below Me ankle number 2. 13 Restricted Delivery N to :The Ro,= Receipt vAll stow to wham the ankle wee delivered end the dale Consult postmaster for fee. a delivered. g 3. Article Addressed to: 4a. Article Number x z E ' a "-?' I-' • ?•`?' """"" "e'` •?'f • ? SeMce Type 4b ate , u ? / /7 / (O' q C C j R, . ? Registered Pde-ni9ed L ? Express Mall ? Insured ? Rehm Receipt for Merchandise ? COD ° ` Date of Delivery o 5. Received By. (P\\rfnf,Nlam e) ? 5R f4L k-e r ? ? 6. Addressee's Address ( If requested and lee is paid) a m r` r X• +crl.1 6. Signature: Addressee g c e December 1994 102595.97.84D179 Domestic RBtum Receipt 11 F , orm PS EXHIBIT A ,'uuuie?urrwoo:. . i i1, Y ? V ~?7 2 (T r.. n- J ? 7 o.- a L.l; t11? • tj CD U C5 a SHERIFF'S RETURN - REGULAR CASE NO: 1999-07577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS AMSPACKER ELWOOD D JR. SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon AMSPACKER ELWOOD D JR the DEFENDANT , at 0014:25 HOURS, on the 6th day of January , 2000 at 6412 CARLISLE PIKE LOT 108 MECHANICSBURG, PA 17055 by handing to ELWOOD AMSPACKER, JR. a true and attested copy of COMPLAINT - REPLEVIN together with ORDER OF COURT, PLTFF'S MOTION and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this day of atny A. D. P?° CO < i rothonotary So An^wers: R. Thomas Kline 01/07/2000 HOURIGAN, KZPuty QUINN By: 'her f F t i } s t I '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, Plaintiff Vs. ELWOOD D. AMSPACKER, JR., Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 99-7577 CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the notice of taking depositions pursuant to Pa.R.C.P. No. 4007.1 upon the defendant, by depositing said document in the United States mail, certified mail return receipt requested and first class, postage pre-paid, addressed as follows: 760652.1 /4? Elwood D. Amspacker, Jr. 6412 Carlisle Pike Lot 108 Mechanicsburg, PA 17055 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By: James T. Shoemaker, Esquire 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: February 1, 2000 360652.1 2 1 ?/ HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR Plaintiffs IDENTIFICATION NO. 63871 LAW OFFICES SUITE SEVEN HUNDRED MELLON BANK CENTER WILKES-BARRE, PA 18701-1867 (570) 825-9401 TAMMAC CORPORATION, Plaintiff Vs. ELWOOD D. AMSPACKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 99-7577 CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the plaintiffs notice of intention to enter defaultjudgment upon the defendant, Elmwood D. Amspacker, Jr., by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: Elmwood D. Amspacker, Jr. 6412 Carlisle Pike, Lot 108 Mechanicsburg, PA 17055 Suite 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570) 825-9401 (570) 829-3460 (Fax) Dated: February3, 2000 Respectfully submitted, HOURIGAN, KLUGER & & QUINN, P.C. BY:\?_ ?- JAMES T. SHOEMAKER, ESQUIRE ID. NO. 63971 Counsel for the plaintiff, Tammac Corporation 361143.1 - ?.. ?- ? L-. ,?' '?i.? _' G .? _ - ,y i!: ?' t ... _? -., . f_ 7 7 ???UJ . L ,?U. L? .:_? :CJ l_f l 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, Plaintiff VS. ELWOOD D. AMSPACKER, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendant NO. 99-7577 NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Elmwood D. Amspacker, Jr. 6412 Carlisle Pike, Lot 108 Mechanicsburg, PA 17055 You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice, a judgment 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 HAVE A 361140.1 TAMMAC CORPORATION, : IN "I HE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ELWOOD D. AMSPACKER, JR.,: Defendant : NO. 99-7577 CIVIL TERM ORDER OF COURT AND NOW, this ( LL 'day of February, 2000, upon consideration of Plaintiff's Application for Final Decree, and upon relation of Sergeant Barry Hom of the Cumberland County Sheriff's Office that Plaintiff's counsel has advised that this case is being resolved amicably, Plaintiff's application is deemed moot, without prejudice to Plaintiff's right to refile the application if the settlement does not materialize. BY THE COURT, James T. Shoemaker, Esq. 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 Attorney for Plaintiff Elwood D. Amspacker, Jr. 6412 Carlisle Pike Lot 108 Mechanicsburg, PA 17055 Defendant, Pro Se :rc } Y a-is-00 Rx3 d 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 PENNSYLVANIA LAWYER REFERRAL PENNA., INC. SERVICE 410 Bicentennial Building P.O. Box 1086,100 South Street 15 Public Square Harrisburg, PA 17108 Wilkes-Barre, PA 18701 (Pennsylvania residents phone: (570) 825-8567 1-800-692-7375; out-of-state or residents phone: (717) 238-6715) 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 Respectfully submitted, HOURIGAN, KLUGER & & P.C. BY: JAMES T. SHOEMAKER, ESQUIRE ID. 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: February 3, 2000 361140.1 cl: .U !.. CC .'tliJ -- V iJ t o` _ „r. TAMMAC CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY VS. CIVIL ACTION - LAW ELWOOD D. AMSPACKER, JR., REPLEVIN Defendant NO. 99-7577 ORDER AND NOW, this _ day of FEB 14 2000, 2000, at _ o'clock _,.m., it is hereby ORDERED AND DECREED that, upon the plaintiff's posting of a replevin bond in the amount of $40,000.00, the Prothonotary of Cumberland County is to issue a writ of seizure to the Sheriff of Cumberland County directing the Sheriff to seize Manufactured Home Type - 1993 Skyline bearing vehicle identification number 33110969F located at 6412 Carlisle Pike, Lot 108, Mechanicsburg, PA 17055. BY THE COURT, J. cc: Elwood D. Amspacker, Jr. James T. Shoemaker, Esquire 361733.1 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, Plaintiff VS. ELWOOD D. AMSPACKER, JR., Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 99-7577 PLAINTIFF'S APPLICATION FOR FINAL DECREE PURSUANT TO CCRP 208-2 The plaintiff, Tammac Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to CCRP 208-2, its application for final decree, as follows: 1. On December 20, 1999, the plaintiff filed a complaint in replevin against the defendant, Elwood D. Amspacker, Jr., and a motion for writ of seizure. I 761726.1"'.: .. •. j ?v c 2. On December 29, 1999, this Court, per the Honorable J. Wesley Oler, Jr., entered an order directing the defendant to file an answer to the motion within twenty-one days of December 29, 1999. On January 4, 2000, counsel for the plaintiff served a true and correct file-stamped copy of this Court's Order dated December 29, 1999, a file-stamped copy of the plaintiffs motion for writ of seizure and a file-stamped copy of the plaintiffs complaint in replevin upon the defendant, by certified mail, return receipt requested. 4. On January 5, 2000, the defendant received a file-stamped copy of this Court's Order dated December 29, 1999, a file-stamped copy of the plaintiffs motion for writ of seizure and a file- stamped copy of the plaintiffs complaint in replevin, as evidenced by the plaintiffs affidavit of service dated January 7, 2000. (A true and correct copy of the plaintiffs affidavit of service dated January 7, 2000 is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. Additionally, on January 6, 2000 the Sheriff of Cumberland County personally served the defendant with a copy of this Court's Order dated December 29, 1999, the plaintiffs motion for writ of seizure and the plaintiffs complaint in replevin, as evidenced by the Sheriffs return of service dated January 7, 2000. (A true and correct copy of the Sheriffs return of service dated January 7, 2000 is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. Pursuant to this Court's Order dated December 29, 1999, the defendant's answer to the plaintiffs motion was due on or before January 19, 2000. Alternatively, pursuant to CCRP 208-I, the defendant's answer was due on or before January 26, 2000. 361726.1 F. 8. To date, the defendant has not filed and served an answer to the plaintiffs motion for writ of seizure. 9. Accordingly, the plaintiff moves for a final decree pursuant to CCRP 208-2. WHEREFORE, the plaintiff prays this Court to enter an Order in favor of the plaintiff and against the defendant directing the Prothonotary of Cumberland County, upon the plaintiffs posting ofa replevin bond in the amount of $40,000.00, to issue a writ of seizure to the Sheriff of Cumberland County directing the Sheriff of Cumberland County to seize manufactured home type 1993 Skyline Manufactured Home bearing vehicle identification number 331 10969F, located at 6412 Carlisle Pike, Lot 108, Mechanicsburg, PA 17055, and to turn it over to the plaintiff. Respectfully submitted, Hourigan, Kluger& Quinn, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for plaintiff, Tammac Corporation 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570) 825-9401 (570) 829-3460 (fax) Dated: February 7, 2000 361726.1 ?'7 Exhibit A HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES SURE SEVEN HUNDRED MELLON BANK CENTER WILKES-BARRE, PA 18701-1867 (570) 825-9401 TAMMAC CORPORATION, Plaintiff VS. ELWOOD D. AMSPACKER, JR., Defendant ? o 0 r rY` W `ti W ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 99-7577 AFFIDAVIT OF SERVICE I, James T. Shoemaker, Esquire, being duly swom according to law, depose and say as follows: Pursuant to this Court's Order dated December 29, 1999, on January 4, 2000, I served a true and correct file-stamped copy of this Court's Order dated December 29, 1999, together with a file-stamped copy of the plaintiffs motion for writ of seizure and a file-stamped copy of the plaintiffs complaint in replevin upon the defendant. The defendant received the foregoing on January 5, 2000, as evidenced by the copy of the U.S. Postal Service Form 3811, attached hereto as Exhibit "A" and incorporated herein by reference. 356668.1 700 Mellon Bank Center 8 West Market Street Wilkes-Bane, PA 18701-1867 (570) 825-9401 (570) 829-3460 (fax) Dated: January 7, 2000 Swom to and subscribed before me this 'P11 day of January, 2000 Notary Public y Pu61ic ". tu:e,eo Ce,c?Iy I' tty Ccr.=.m:iun'CCr. 9. 2901 Respectfully submitted, Hourigan, Kluger & Quinn, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for plaintiff, Tammac Corporation ]76668.1 2 c SENDER: V s complete hems t emd7or 2 for ack itional services. 4 a Complete items 3.ES, and Alb. I also wish to receive the following services (for an n C aPdre your name"address on the reverse of tole form So that we can rslum INS extra lee): j card to you. SAhach this form to the hors of the meilpieoe, or on the back If Space does not 7, ? Addressee's Address P 0 permt. •WHIG Tatum Aeceipt Requested•on the mellpiece below the snide number. 2,0 Restricted Delivery rK r? aThe Return Recelpt will show to whom the Smile was delivered and the date delivered. Consult postmaster for lee. n o g S. Article Addressed to: 4a. Article Number j4 E _ . E 0 6 4b. Service Type [3 e Registered (ified ar m ?..yy /a ? ? Express Mall ? Insured m E c Oco ? RetumReoelptfor Medmildise ? COD 1,04 - 7. Date of Delivery ? ,gyp ?' 9 ? ??o . 5. Received By: (Print Name) {{ ? • avls-4!\ -?5?f9-G IC-e r r I 17- 8. Addressee's Address ( It requested and lee As paldJ C _ 6. Signature: Addresesof?A g J 0 T PS Form 11, EXHIBIT A a 4TAYE IEUTA EUMIYEO. 10259"7.0-0170 Exhibit B SHERIFF IS RETURN - REGULAR CASE NO: 1999-07577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS AMSPACKER ELWOOD D JR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon AMSPACKER ELWOOD D JR the DEFENDANT , at 0014:25 HOURS, on the 6th day of January , 2000 at 6412 CARLISLE PIKE LOT 108 MECHANICSBURG, PA 17055 ELWOOD AMSPACKER, JR. by handing to a true and attested copy of COMPLAINT - REPLEVIN together with ORDER OF COURT, PLTFF'S MOTION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 16.00 Service 5.56 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this day of A. D. So Answers:% .07 R. Thomas Kline 01/07/2000 HOURIGAN, KLUGE & QUINN By: 4epu-ry her f Prothonotary 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, Plaintiff Vs. ELWOOD D. AMSPACKER, JR., Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 99-7577 CERTIFICATE OF SERVICE 1, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the foregoing application for final decree pursuant CCRP 208-2 upon the defendant, by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: ]61728.1 Elwood D. Amspacker, Jr. 6412 Carlisle Pike Lot 108 Mechanicsburg, PA 17055 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 Telephone: (570) 825-9401 Facsimile: (570) 829-3460 Dated: February 7, 2000 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By: V James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Corporation 361728.1 2 - ?, >? :, _ .. „' ;?: ? - ' ; ?_ - : ?' : . , . ?, i_: C3 U U 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 OF CUMBERLAND COUNTY Plaintiff VS. ELWOOD D. AMSPACKER, JR., CIVIL ACTION - LAW REPLEVIN Defendant NO. 99-7577 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: PROTHONOTARY Please enterjudgment in favor of the plaintiff, Tammac Corporation, and against the defendant, Elwood Amspacker, by reason of his failure, within the required period of time, to file an answer to the plaintiffs complaint, which was properly endorsed with a notice to plead. The plaintiffs damages are in the amount of $18,580.38, plus accrued interest from November 25, 1999, at the per diem rate of $9.20, late charges, and costs until paid, so as to allow the plaintiff to excercise its rights against the Collateral. 385715.1 A true and correct copy of the notice of intention to enter default judgment, which was mailed to the defendant, Elwood Amspacker on February 3, 2000, is attached hereto, incorporated herein by reference and marked Exhibit "A." Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: v f 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 (Telephone) (570) 829-3460 (Facsimile) Dated: July 19, 2000 785715.1 a:c."ri 4t HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION Vs. Plaintiff ELWOOD D. AMSPACKER, JR., HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendant NO. 99-7577 CERTIFICATE OF SERVICE Elwood D. Arnspacker 6412 Carlisle Pike, Lot 108 Mechanicsburg, PA 17055 Respectfully submitted, HOURIGAN, KLUGE QUINN, P.C. By, James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Corporation I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the plaintiffs praecipe for entry of default judgment, by depositing said document in the United States mail, first class, postage pre-paid, addressed to counsel of record as follows: 700 Mellon Bank Center 8 West Market Street Wilkes-Bane, PA 18701-1867 Telephone: (570) 825-9401 Facsimile: (570) 829-3460 Dated: July 19, 2000 385713.1 BY: James T. Shoemaker, Esquire ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63877 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, Plaintiff VS. ELWOOD D. AMSPACKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 99-7577 NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Elmwood D. Amspacker, Jr. 6412 Carlisle Pike, Lot 108 Mechanicsburg, PA 17055 You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice, a judgment maybe entered against you without a 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 HAVE A 361140'1 EXHIBIT ALL-STATE- INTERNATIONAL 11 '._ nv 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 PENNSYLVANIA LAWYER REFERRAL PENNA., INC. SERVICE 410 Bicentennial Building P.O. Box 1086, 100 South Street 15 Public Square Harrisburg, PA 17108 Wilkes-Barre, PA 18701 (Pennsylvania residents phone: (570) 825.8567 1-800-692-7375; out-of-state or residents phone: (717) 238-6715) 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 Respectfully submitted, HOURIGAN, KLUGER & & , P.C. BY: . _ JAMES T. SHOEMAKER, ESQUIRE ID. NO. 63871 Counsel for the plaintiff, Tammae Corporation Suite 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570) 825-9401 (570) 829-3460 (Fax) Dated: February 3, 2000 761140.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR Plaintiffs 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 Ys ELWOOD D. AMSPACKER, JR., REPLEVIN Defendant NO. 99-7577 CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the plaintiffs notice of intention to enter default judgment upon the defendant, Elmwood D. Amspacker, Jr., by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: Elmwood D. Amspacker, Jr. 6412 Carlisle Pike, Lot 108 Mechanicsburg, PA 17055 Respectfully submitted, HOURIGAN, KLUGER & & QUINN, P.C. BY: JAMES T. SHOEMAKER, ESQUIRE ID. 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: February3, 2000 361143.1 r_- ?? C-Y 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 OF CUMBERLAND COUNTY Plaintiff VS. ELWOOD D. AMSPACKER, JR., CIVIL ACTION - LAW REPLEVIN Defendant NO. 99-7577 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY Please discontinue the above-captioned action without prejudice. Thank you. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ?.._S-- 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(Telephone) (570) 829-3460 (Facsimile) Dated: August 24, 2000 396955.1 } n) r, ?,,: ;:: c:: ?^- ?c, .. ' %; - <- r i._i _ ?l i?