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HomeMy WebLinkAbout07-6206q1: HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 187045815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. REBECCA E. WELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 61- (oaolo Civil IerM 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. 788795.1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 788795.1 2 October 6, 2007 Rebecca E. Weller 85 Cherry Lane Carlisle, PA 17015 RE: Account No.: Property Address: 06-3623 85 Cherry Lane Carlisle PA 17015 IMPORTANT NOTICE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITTEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, James T. Sho aker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 788798.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. REBECCA E. WELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. © 7- G a 06 COMPLAINT The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Rebecca E. Weller ("Ms. Weller"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes- Barre, PA 18702. 2. Ms. Weller is an adult individual having a last known address of 85 Cherry Lane, Carlisle, PA 17015. 788799.1 3. On or about July 28, 2006, Ms. Weller was the owner of a 1999 Fleetwood mobile home bearing VIN PAFLW22AB44304SK13 (the "Collateral"). 4. On or about July 28, 2006, Tammac made a loan to Ms. Weller in amount of $38,012.50, as evidenced by a note dated July 28, 2006 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, Ms. Weller granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. 7. Ms. Weller defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Ms. Weller is due for her April 28, 2007 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Weller under the Note. 10. Tammac believes and therefore avers that Ms. Weller has possession of the Collateral. 788799.1 2 11. Ms. Weller has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of October 17, 2007 was $41,210.27, consisting of principal in the amount of $37,800.19, accrued interest in the amount of $3,299.97, and late charges in the amount of $110.11, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Weller in the amount of $41,210.27, plus interest from October 17, 2007, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGE & QUINN, P.C. BY: v James T. Shoemaker, Esquire ID No.: 63871 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 18, 2007 Counsel for the plaintiff, Tammac Holdings Corporation 788799.1 3 Borrower(s) Rebecca E Weller 85 Cherry Lane Carlisle, PA 17013 Lender Tammac Holdings Corporation 100 Commerce Blvd. Wilkes-Barre, PA 18702 Date 7/28/2006 A phrase, clause, or paragraph on this form that is preceded by a that is not checked does not apply to this loan. "I" means each Borrower above, jointly and severally. I "You" means the Lender, its successors and assigns. Note - For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Thirty-eight thousand twelve and 50/100 Dollars $ 38012-50 plus interest from 7/28/2006 at the rate of 15 -% per year until 7/28/2026 ? Post Maturity Interest - After maturity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance Charge - I also agree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld from the proceeds. (If this fee is withheld from the proceeds, the amount is included in the principal sum.) Payments - The number, amount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - purchase a mobile home ? Bad Check Charge - I agree to pay a charge of $ if I make a payment with a check that is dishonored. This Loan Made Under - ? This loan is secured by , dated 7/28/2006 ® Security Agreement - I give you a security interest in the Property described below. The rights I am giving you in this Property and the obligations this agreement secures are defined on page 3 of this agreement. 1998 44' X 24' Fleetwood ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 16.22 96 $ 84592.00 $ 35540.00 $ 120132.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 240 500.55 Beginning 8/28/2006 and on the 28th of each successive month thereafter. Security - I am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 85 Cherry Lane Carlisle PA 17013 Collateral securing other loans with you may also secure this loan. ® Late Charge - I agree to pay a late charge equal to 2 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ . , whichever is Prepayment - If I pay off this note early, I will not have to pay a penalty. ? If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. U If you do not most your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life - ? Single ? Joint Insured Premium $ Term Credit Disability -0 Single ? Joint Insured Premium $ Term Credit Unemployment - ? Single ? Joint Insured Premium $ Term Name of Insurance Company My signature below means I want (only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. X D.0.B.4/22/1967 X D.O.B. X D.O.B. X D.O.B. ®1997 Bankers Systems. Inc., St. Cloud, MN Form FC-SI-ON-PA 3/14/2002 (page 1 of 3) AA% Itemization of Amount Financed Rmount paid to me directly . S n _ nn Amount paid on my account $ Amounts paid to others on my behalf* To insurance companies $ 1110.00 To public officials - filing fees only $ To public officials - other than filing fees $ Amount pd on your behalf Buydown Additional Finance Fees $ 35540.00 5 $ 1362.50 $ (Minus) Prepaid Finance Charge $ 2472.50 Amount Financed $ 35540.00 'You may retain or receive a portion of these amounts. ® Property It' - Property insurance is required. I may obtain property insurances from anyone I want that is acceptable to you. If I get the insurance from or through you, I will pay $ 1110 . 00 for three years of coverage. Insurance Commissions - I understand and agree that any insurance premiums paid to insurance companies as part of this loan will involve money retained by you or paid back to you as commissions or other remuneration. ADDITIONAL TERMS OF THE NOTE Definitions - "I," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. Name and Location - My name and address indicated on page 1 are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. Commissions or Other Remuneration - I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. Prepayment - 1 may prepay this loan in whole or in part at any time. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Default - I will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1. The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, 12) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. 0 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/1412002 (page 2 of 3) ADDITIONAL TERMS OF THE SECURITY AC" '-r 'rT r Secured Obligations - This security agreement secures this loan (including all extensions, renewals, refinancings and modifications) and any other debt 1 have with you now or later. Property described in this security agreement will not secure other such debts if and to the extent the property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan; and 2. Payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights). It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that I own all the Property. 1 will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. 1 will keep the Property in my possession (except if pledged and delivered to you). I will keep it in good repair and use It only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. 1 will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. 1 will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance 1 have agreed to buy on this note. Default And Remedies - If I am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Perfection of Security Interest - I authorize you to file a financing statement covering the Property. I agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay all actual costs of terminating your security interest. Signatures - I agree to the terms on pages 1, 2 and 3 of this agreement. I have ed a copy of this document on today's date. Ce GST ERS A SEE SEPARATE NOTICE BEFORE SIGNING. Signature Signature Signature 0 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 3/14/2002 (page 3 of 3/ W W CY) 1-A ERTIFI.CA?' E - - C? t 1 M FK? N Ft I YEAR I {{ r OFD-w?" t y? 1 yyt yy py?i ! i xivurv cFn 1 "" x ?NJF A•r +xSfT•GAP- PAIOR TITLE`S7AFE ?r " ,ODGit `PROCD DATE,: ODO}+f MII ES r ?C?TA mom a . a Jf 111. ... ....e r.v r a . Nv . .,a; ..a . i r .e. ... ?....a vva . WEIGHT GVWR GCWR 71TLE BRANDS DATE PA TITLED DATE OF ISSUE UNLADEN o = ACTJUAL 91?Ef GE fi I . Mu F?¢e EXcEEGs Tr E ME rSpf " x '4 r 2 . NQT:THE Arg+ MLL?4'{? IPa _ - -'; ,? - NOT:?YE ACTj3e44LL MIC>r,? iE-0oC]N .c t , ., -A z S -. Ly, . TAMPEH Y RIFIECO', 4 . EXEMPT FfIOM ODOMETER DISCLOSURE ,O?D'OMETER DISCLOSURE ERAL LAW STEREO OWNFA(S) ? ?Ak, ", E tEL. F Jr R- : L a , C' I SYL'E PA 1,761,5 P -*W A-P. E HPLE. 3A2 ` u R ` j i' d T w SECONALIEN fAVOR•OR . r .c. ,r.r ,, .. ' SAC OLDTNGS - .If • a 7lrokW is wad upon sau&Wcdon of the f" ks #m first `r ? Y#? kxward title Tae to tM a Motorvets _ Iortn ira rae' s` gy.. - SECOND LIEN RELEASED .. AUTHORIZED REPRESENTATIVE - :.-,DATE . 4IIARINB`ADDRr=SS; . BY .. .. 0680111 ALnMRIZED REPRESENTATIVE TAM MAC HOLDINGS CORPORATION 100 COMMERCE BLVD WILKES BARRE PA 18702 ALLEN k BIEHLER .; oertBy as of Ow dale of issue, the ofBcW reeads of the Perlrtsylvanla DeperLnard j of Tmnpodadon refled Bwt the penart(s) or cw"V named -herein is the IawW owrlef of to mW vehl*. A - Seacwy of f;t i AND SWORN A OF PERSON ADMINIMRNG OATH IGN S - " . IST ' ST[9 ' S (A'4 . s Y i :- IF V NO1 4'" xT J e ZND a r C1 ?«?. a Tae w ,?. wl 1'esI AeY111'.If loflh'h.n. d: K >apaa mo y STF MN&t Cfr R .. .: : •1?Iiuti1i11E es C APPLICA rmmE OF AUnf0raW MONM:. - _ .. - ND7 o#w then Dft.'- (OLDER 3Z .E1.T W*OK NERR CHFGS.r DATE: +oLDER f O L ? a STATE 4..-: ... AN ELT; C"EM WME r ?br rem 11 R) fl fl' F= .C O ? I% . ,OCT 2 3 ZDD7 ORDER AND NOW, this day of 007, at ?'eFReIT--- ., it TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, . Plaintiff Vs. CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant NO. b7_ &aoto Civi 17erK is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the 1 011-"day of , 200,2, at 3 a? o'clock, -m., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA, Court Room #15 . BY THE COURT: sc: Rebecca E. Weller James T. Shoemaker, Esquire 788801.1 5 iii!' i I'! Z, :C t4J 9-- A0 N' L9 Z t I , HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, Plaintiff VS. CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant : NO. o 6 ?d? PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings 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, against the defendant, Rebecca E. Weller, as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendant. (A true and correct copy of plaintiff's complaint in replevin is attached hereto pursuant to Pa.R.C.P. No.1075.1(b), incorporated herein by reference pursuant to Pa.R.C.P. No.1019(g) and marked as Exhibit "1.") 788803.1 WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. i BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: Octoberl ? 2007 788803.1 2 VERIFICATION I, Mary Ann Whitney, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. / / M y PJA Whitney ?•/ 788804.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. : REBECCA E. WELLER, Defendant NO. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMPLAINT CIVIL ACTION - LAW REPLEVIN The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Rebecca E. Weller ("Ms. Weller"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes- Barre, PA 18702. 2. Ms. Weller is an adult individual having a last known address of 85 Cherry Lane, Carlisle, PA 17015. 788799.1 h <j 3. On or about July 28, 2006, Ms. Weller was the owner of a 1999 Fleetwood mobile home bearing VIN PAFLW22AB44304SK13 (the "Collateral"). 4. On or about July 28, 2006, Tammac made a loan to Ms. Weller in amount of $38,012.50, as evidenced by a note dated July 28, 2006 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, Ms. Weller granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. 7. Ms. Weller defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Ms. Weller is due for her April 28, 2007 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Weller under the Note. 10. Tammac believes and therefore avers that Ms. Weller has possession of the Collateral. 788799.1 2 11. Ms. Weller has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of October 17, 2007 was $41,210.27, consisting of principal in the amount of $37,800.19, accrued interest in the amount of $3,299.97, and late charges in the amount of $110.11, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Weller in the amount of $41,210.27, plus interest from October 17, 2007, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGE & QUINN, P.C. i BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 18, 2007 788799.1 3 VERIFICATION I, Mary Ann Whitney, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I 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 made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. q r 4? / LUA,-, /' n Whitney 788800.1 f? ! RJ ?f Q co HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. REBECCA E. WELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 07-6206 Civil Term NOTICE OF HEARING FOR WRIT OF SEIZURE TO: Rebecca E. Weller 85 Cherry Lane Carlisle, PA 17015 YOU ARE HEREBY notified that: 1. Plaintiff has commenced an action of replevin and has filed a motion for writ of seizure of the property described in the complaint. A copy of the complaint, the motion for writ of seizure, the brief in support of motion for writ of seizure and the Court's Order dated November 6, 2007, is attached to this notice. 793527.1 2. There will be a hearing on this motion for writ of seizure on December 10, 2007 at 3:30 p.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA, in Courtroom No. 5. 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. 4. Your failure to appear at the hearing may result in the seizure of the property claimed by the plaintiff before a final decision in this case. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: November 12, 2007 793527.1 2 JOCT 2 3 2007 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. REBECCA E. WELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. Cn- &ao(o Civi I Tvrm ORDER AND NOW, this day of Ve 2007, is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the 1 dih day of eR , 2007, at o'clock, P--m-, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA, Court Room # . BY THE COURT: sc: Rebecca E. Weller James T. Shoemaker, Esquire AA. 4 . ? ? Jejk? iJ A ? J. 788801 1 C7 HOURIGAN, KLUGER & QUINN _ A PROFESSIONAL CORPORATION C' 8Y: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF='r• IDENTIFICATION NO. 63871` LAW OFFICES` 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. REBECCA E. WELLER, Defendant : NO. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings ra r' r ri F= r.? M -t tt7 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, against the defendant, Rebecca E. Weller, as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendant. (A true and correct copy of plaintiff's complaint in replevin is attached hereto pursuant to Pa.R.C.P. No.1075.1(b), incorporated herein by reference pursuant to Pa.R.C.P. No.1019(g) and marked as Exhibit "1.") 788803.1 WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. i BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: Octoberl'61' 2007 788803.1 2 VERIFICATION I, Mary Ann Whitney, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. M y Whitney lam/ 71;8804.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. REBECCA E. WELLER, Defendant : NO. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN COMPLAINT The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Rebecca E. Weller ("Ms. Weller"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes- Barre, PA 18702. 2. Ms. Weller is an adult individual having a last known address of 85 Cherry Lane, Carlisle, PA 17015. 1x799.1 h // 3. On or about July 28, 2006, Ms. Weller was the owner of a 1999 Fleetwood mobile home bearing VIN PAFLW22AB44304SK13 (the "Collateral"). 4. On or about July 28, 2006, Tammac made a loan to Ms. Weller in amount of $38,012.50, as evidenced by a note dated July 28, 2006 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, Ms. Weller granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. 7. Ms. Weller defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Ms. Weiler is due for her April 28, 2007 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Weller under the Note. 10. Tammac believes and therefore avers that Ms. Weller has possession of the Collateral. 788799 1 2 11. Ms. Weller has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of October 17, 2007 was $41,210.27, consisting of principal in the amount of $37,800.19, accrued interest in the amount of $3,299.97, and late charges in the amount of $110.11, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Weller in the amount of $41,210.27, plus interest from October 17, 2007, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOU`RIGAN?KLUGE & QUINN, P.C. BY: v James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 18, 2007 '887)0 1 VERIFICATION I, Mary Ann Whitney, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I 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. 1 understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Y n Whitney 788800 1 • A C-) , J HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF c= 1 toy + ?t IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287 3000 - -; - TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, Plaintiff Vs. CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant NO. C)7- (v0' 4 Civil T arm 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. 788795,1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086,100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 7887951 2 October t$, 2007 Rebecca E. Weller 85 Cherry Lane Carlisle, PA 17015 RE: Account No.: 06-3623 Property Address: 85 Cherry Lane, Carlisle. PA 17015 IMPORTANT NOTICE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITTEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, Jame?TSho aker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 788798.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. REBECCA E. WELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. COMPLAINT The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Rebecca E. Weller ("Ms. Weller"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes- Barre, PA 18702. 2. Ms. Weller is an adult individual having a last known address of 85 Cherry Lane, Carlisle, PA 17015. - ou-,r) i 3. On or about July 28, 2006, Ms. Weller was the owner of a 1999 Fleetwood mobile home bearing VIN PAFLW22AB44304SK13 (the "Collateral"). 4. On or about July 28, 2006, Tammac made a loan to Ms. Weller in amount of $38,012.50, as evidenced by a note dated July 28, 2006 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, Ms. Weller granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. 7. Ms. Weller defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Ms. Weller is due for her April 28, 2007 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Weller under the Note. 10. Tammac believes and therefore avers that Ms. Weller has possession of the Collateral. 11. Ms. Weller has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of October 17, 2007 was $41,210.27, consisting of principal in the amount of $37,800.19, accrued interest in the amount of $3,299.97, and late charges in the amount of $110.11, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Weller in the amount of $41,210.27, plus interest from October 17, 2007, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 18, 2007 -` 81 9 1 VERIFICATION I, Mary Ann Whitney, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I 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 made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ,on Whitney 8"00 1 Borroweris) Rebecca E Weller 85 Cherry Lane Carlisle, PA 17013 Lender Tammac Holdings Corporation 100 Commerce Blvd. Wilkes-Barre, PA 18702 "I" means each Borrower above, jointly and severally. I "You" means the Lender, its successors and assigns. Date 7/28/2006 A phrase, clause, or paragraph on this form that is preceded by a that is not checked does not apply to this loan. Note - For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Thirty-eight thousand twelve and 50/100 Dollars $ 38012.50 plus interest from 7/28/2006 at the rate of 15 % per year until 7/28/2026 ] Post Maturity Interest - After maturity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance Charge - I also agree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld from the proceeds. (1f this fee is withheld from the proceeds, the amount is included in the principal sum.) Payments - The number, amount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - purchase a mobile home ? Bad Check Charge - I agree to pay a charge of $ if I make a payment with a check that is dishonored. This Loan Made Under - ? This loan is secured by , dated 7/2 8 /2006 ® Security Agreement - I give you a security interest in the Property described below. The rights I am giving you in this Property and the obligations this agreement secures are defined on page 3 of this agreement. 1998 44' X 24' Fleetwood ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 16.22 % $ 84592.00 S 35540.00 S 120132.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 240 500.55 Beginning 8/28/2006 and on the 28th of each successive month thereafter. Security - 1 am giving a security interest in: ? idescription of other property) ® the Goods or Property being purchased. 85 Cherry Lane Carlisle PA 17013 ? Collateral securing other loans with you may also secure this loan. ® Late Charge - I agree to pay a late charge equal to 2 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ , whichever is Prepayment - If I pay off this note early, 1 will not have to pay a penalty. ? If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. ? If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If i want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life - ? Single ? Joint Insured Premium $ Term Credit Disability - ? Single ? Joint Credit Unemployment - ? Single ? Insured Joint Insured Premium $ Term Premium $ Term Name of Insurance Company My signature below means 1 want (only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. X D.0.B.4/22/1967 X D.O.B. X D.O.B. D.O.B. ® 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 3/14/2002 (page r of 3/ A k Q // itemization of Amount Financed J mount paid to me directly Amount paid on my account Amounts paid to others on my behalf" To insurance companies To public officials - filing fees only To public officials - other than filing fees Amount pd on your behalf Buydown Additional Finance Fees (Minus) Prepaid Finance Charge s n_ofi, S S 1110.00 S S S 35540.00 S $ 1362.50 S S $ 2472.50 Amount Financed $ 35540.00 "You may retain or receive a portion of these amounts. ® Property it' - Property insurance is required. 1 may obtain property insuran,a from anyone I want that is acceptable to you. If I get the insurance from or through you, I will pay $ 1110 - 00 for three years of coverage. Insurance Commissions - I understand and agree that any insurance premiums paid to insurance companies as part of this loan will involve money retained by you or paid back to you as commissions or other remuneration. ADDITIONAL TERMS OF THE NOTE Definitions - "I," "me" or "my' means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. Name and Location - My name and address indicated on page 1 are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. Commissions or Other Remuneration - 1 understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. Prepayment - I may prepay this loan in whole or in part at any time. If I prepay in part, 1 must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Default - I will be in default on this loan and any agreement securing this loan if: 1- I fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. 1 also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - 1 waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1. The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. 0 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 3/1412002 (page 2 of 3) • t ADDITIONAL TERMS OF THE SECURITY AQ- -'P 'T r Secured Obligations - This security agreement secures this loan (including all extensions, renewals, refinancings and modifications) and any other debt I have with you now or later. Property described in this security agreement will not secure other such debts if and to the extent the property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan; and 2. Payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights), It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that 1 own all the Property. I will defend the Property against any other claim. 1 agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. I will keep the Property in my possession (except if pledged and delivered to you). I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. Insurance - 1 agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. 1 will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. Q 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 3/14/2002 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If I am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Perfection of Security Interest - I authorize you to file a financing statement covering the Property. I agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay all actual costs of terminating your security interest. Signatures -1 agree to the terms on pages 1, 2 and 3 of this agreement. I haver ved a copy of this document on today's date. DOSTG-NERS-? SEE SEPARATE NOTICE BEFORE SIGNING. Signature Signature Signature (page 3 of 3) f ' r. CERTIFIC F L "F :, E 171 - 71 el ;I }fitt33 y?Rn f.wlAik'Iii1QMi11?? w PAIL rlA ?# ff 6 ?t? F.CEE9'wb.., ?D 5# 1?3???237Q2 ?1? EH?C[?. ?jFICh NUpAB R YEAR : MA E O vEM&. TfCtq?U W' V + ?' TY?E? DUR,? I SEAT CAP PRIOR TITLE 5TATC ODCPROCD CWT°E DOOM HdILES ? OD9AI STATUa r .4 13.... .A ? DATE PA TTTLED •: •. DATE OF ISSUE UNLADEN WEIGHT „. .:.. GVWR • , GCWR•• T1TLE BRANDS C(DDMEIER SYXTi1S JIM p..ACTIK M((?E 'S ??j - 1 a MME FJfCEEpS THE I?ECH? Ei I.NQTTA4 TAAIPE[i, VNFU:LI?E? ` t 'OD4METER- DISCLOSU tAL LAW E%EMPT()1, ODOffETER DISfT DSURE STEREb OWNMS) CA E WELLER - - D. A F ,C ISLE' PA 17015 L LCOG 1 z ' P . IS/W A PO?lCE . Q4p. 1 - - ? s . ucTE W Fl AVQ SEC jI LIEN FAVOR OF: x AC?4LDINGS I kN, -If • 6e1!InIGf Is Aided Won sglielecllgn d dM I M!1! the W IraYC. brwar0 dit TV@ ft dft SuFsw d Mobr`,y?hidi? With'1A4 -, to "Am fee. F 77,,.."'r?I?'' - AUTHORIZED REPRESENTATIVE SEOONI LIEN RELEASED DATE "W-ADQRESS Y BY 068001 AUTHORIZED REPRESENTATIVE TAMMAC HOLDINGS CORPORATION 100 COMMERCE BLVD WILKES BARRE PA 18702 card as d the daft of "iC VA Official records of the PerplsyNalda Department ALLEN D B I E H L E R of Trarapwialm ralleat Ihst the person(s) or company named herein is to lawful owur a of ow $aid Vehicle. I Secretary at Traoeporhtka _W ?T V J CJ D SWORN If s cwvwdmw crow am Your Spouse Is killed aril you want." we lo be as 'JQ# Tenants With Rghit Of S hW (On death of nr e J.;4 616tATURE OF PERSON ADUNSTE1M4 OATH S t f 1STLI@IIiOLDER?, , i ITH? y; - AN ELT. CHECK .. .. tHOT1?IN R?]UIRED ryw 2ND DATE: STR 0".r-L ?VOai'? b ewr111rr pl TFb b M w1.kL Mxnbtl b .a,dM,rW airriorlri n.w. 2ND-N STr4 ol?;'- oeilUnlpni2En Sri" - Qfl'Y .T IF THR&S AN ELT: (xHECIC 1t n // c rie iOH her hbNa V? 7E FIN _ NO LIEK CHECK, n STATE 7JF FINANCIAL HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. REBECCA E. WELLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendant NO. 01- (oapq, Civi I term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits its brief in support of plaintiff's motion for writ of seizure against the defendant, Rebecca E. Weller ("Ms. Weller"), as follows: 1. HISTORY OF THE CASE Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes- Barre, PA 18702. Ms. Weller is an adult individual having a last known address of 85 Cherry Lane, Carlisle, PA 17015. On or about July 28, 2006, Ms. Weller was the owner of a 1999 Fleetwood mobile home bearing VIN PAFLW22AB44304SK13 (the "Collateral"). On or about July 28, 2006, Tammac made a loan to Ms. Weller in the amount of $38,012.50, as evidenced by a note dated July 28, 2006 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) In order to induce Tammac to make the aforesaid loan, Ms. Weller granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. Ms. Weller defaulted by failing to make monthly payments of principal and interest due under the Note. Ms. Weller is due for her April 28, 2007 payment. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Weller under the Note. Tammac believes and therefore avers that Ms. Weller has possession of the Collateral. Ms. Weller has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 2 The balance of the Note as of October 17, 2007 was $41,210.27, consisting of principal in the amount of $37,800.19, accrued interest in the amount of $3,299.97, and late charges in the amount of $110.11, exclusive of attorneys' fees and costs. II. STATEMENT OF THE QUESTION INVOLVED WHETHER TAMMAC IS ENTITLED TO POSSESSION OF THE COLLATERAL WHEN MS. WELLER HAS DEFAULTED UNDER THE TERMS OF THE NOTE? III. ARGUMENT Pa. R.Civ.P. No. 1075.1 sets forth the procedure for the issuance of a prejudgment writ of seizure after notice and hearing which is designed to be in accordance with the due process requirements enumerated in Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556, reh.den., 409 U.S. 902, 93 S.Ct. 177, 34 L.Ed.2d 165 (1972). The procedure set forth in Pa.R.Civ.P. No. 1075.1 is one of two means for obtaining the remedy of a prejudgment seizure of property in a replevin action. In appropriate cases, the plaintiff may cause a writ of seizure to be issued ex parte with notice and a hearing postponed until after the property is seized. See Pa.R.Civ.P. No. 1075.2. To invoke the remedy of a prejudgment seizure of property in a replevin action after notice and a hearing, the plaintiff must file a motion for writ of seizure. See Pa.R.Civ.P. No. 1075.1(a). The plaintiff may move for the issuance of a writ of seizure after the complaint has been filed, whether or not the complaint has been served. Pa.R.Civ.P. No. 1075.1(a). Upon the filing of the motion for issuance of a writ of seizure, the court must fix the date and time for a hearing on the motion. See Pa.R.Civ.P. No. 1075.1(a). A hearing on a motion for a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Civ.P.No.1075.1(e); see also Eguico Lessors Inc. v. Ewing, 281 Pa. Super. 147, 152, 421 A.2d 1190, 1193 (1980) (holding that prima facie right established by testimony of plaintiff's employees that property was deteriorating and in jeopardy). Pursuant to Pa.R.Civ.P. No.1075.1(e), the court must initially make a determination at the hearing whether the notice required by Pa.R.Civ.P. 1075, or a reasonable attempt to give notice has been made. See 4 Goodrich Amram 2d §1075.1(e):1(1991). If the court is satisfied that the notice requirements of Pa.R.Civ.P. No. 1075 have been met, the court must determine from the complaint, affidavits, testimony, admissions, or other evidence which may be received whether the plaintiff has established the probable validity of his claim and, if so, the court may order a writ of seizure to be issued upon the filing of a bond as provided by the Pennsylvania Rules of Civil Procedure. See 4 Goodrich Amram 2d §1075.1(e):1. The rule does not mandate any particular form of hearing on the motion for a writ of seizure. It seems that all that is required is an opportunity for the plaintiff to show that the action is free of fraud, accident, or mistake, and that there is a probability that he or she 'R;i\I16. I 4 may sustain his right to possession of the property. See 4 Goodrich Amram 2d §1075.1(e):1(1991). The hearing is not for the purpose of making a final determination on the merits of the plaintiff's claimed right to possession of the property, but merely for determining whether the plaintiff has a probable right to possession. See Hamilton Bank v. Seiaer, 22 D&C 3d 534, 537 (1982). Except where the sheriff is authorized by the plaintiff to leave the subject property in a replevin action with the defendant or any other person found in possession, the Pennsylvania Rules of Civil Procedure require the sheriff, upon service of the writ of seizure, to take possession of the subject property. See Pa.R.Civ.P. No. 1.075.4(a); see also Mayer v. Chelton Ave. Bldg. Corp., 321 Pa. 193, 196, 183 A. 773. 774 (1936); General Motors Acceptance Corp. v. Burns, 25 D&C 2d 293, 296-300 (1961). Additionally, the form of the writ of seizure prescribed by the Pennsylvania Rules of Civil Procedure specifically directs the sheriff to seize the subject property. See Pa.R.Civ.P. No. 1354. Furthermore, it has been held that even a defendant who is properly in possession of the subject property by virtue of a valid lien is obligated to surrender possession to the sheriff. See Mitchell v. McKinnis, 284 Pa. Super. 469, 473, 426 A.2d 142, 144 (1981) (noting that the defendant had no right to give a counter-bond and keep possession since his lien was fully protected by the plaintiff's bond). 'i4ti1}(? The sheriff must take physical possession of the property. The sheriff has the right to enter the defendant's house for the purpose of searching for the goods, provided that in doing so he does not exceed the limits prescribed by the law. See Kneas v. Fitler, 2 Serg & R 263, 264 (Pa. 1816); Mayer, 321 Pa. At 196, 183 A. at 774. The sheriff has the right to enter a door already opened and may even be authorized to break open doors and enter by force in order to execute the writ of seizure. See Commonwealth v. Temple, 38 D&C 2d 120, 127 (1965). However, the sheriff may use no more force than necessary and must exercise due care. See Mayer, 321 Pa. at 196, 183 A. at 774. The burden is upon the plaintiff in a replevin action to establish every material element of his case upon which an issue is raised under his pleadings. Blossom Prods. Corp. v. National Underwear Co.. 325 Pa. 383, 387,191 A.40, 42 (1937). The plaintiff must establish his right to possession of the subject property by a preponderance of the evidence. See Petition of Allstate Ins. Co., 289 Pa. Super. 329, 333, 433 A.2d 91, 93 (1981). A claimant who asserts a lien and a right to possession until the lien is discharged is not required to prove a title in addition to the right of possession. See Griffin v. Keefer, 30 Dauph. Co. Rep. 315, 317 (1927). Once the plaintiff establishes his right to possession, the burden of proof shifts to the defendant to prove his right to retain possession. See Petition of Allstate, 289 Pa. Super. at 333, 433 A.2d at 93; Carroll v. Goddin , 155 Pa. Super. 490,492, 38 A.2d 720, 721(1944); Johnson v.Staples, 135 Pa. Super. 274, 280, 5 A.2d 433, 436 (1939). IV. CONCLUSION In light of the foregoing, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 18, 2007 7 Sorrowet(sl Rebecca E Weller 85 Cherry Lane Carlisle, PA 17013 Lender Tammac Holdings Corporation 100 Commerce Blvd. Wilkes-Barre, PA 18702 "I" means each Borrower above, jointly and severally. I "You" means the Lender, its successors and assigns. Date 7/28/2006 A phrase, clause, or paragraph on this form that is preceded by a that is not checked does not apply to this loan. Note - For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Thirty-eight thousand _twelve and 50/100 Dollars $ 38012.50 plus interest from 7/28/2006 at the rate of 15 % per year until 7/28/2026 ? Post Maturity Interest - After maturity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance Charge - I also agree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld from the proceeds. (it this fee is withheld from the proceeds, the amount is included in the principal sum.) Payments - The number, amount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - purchase a mobile home ? Bad Check Charge - I agree to pay a charge of S it I make a payment with a check that is dishonored. This Loan Made Under - 0 This loan is secured by , dated 7/28/2006 ® Security Agreement - I give you a security interest in the Property described below. The rights I am giving you in this Property and the obligations this agreement secures are defined on page 3 of this agreement. 199B 44' X 24' Fleetwood ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 16.22 % S 84592.00 $ 35540.00 $ 120132.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 240 500.55 Beginning 8/28/2006 and on the 28th of each successive month thereafter. Security - l am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 85 Cherry Lane Cartiste PA 17013 Collateral securing other loans with you may also secure this loan. ® Late Charge - I agree to pay a late charge equal to 2 % of the unpaid portion of an installment not paid within 15 days after it is due, or S , whichever is Prepayment - If I pay off this note early, I will not have to pay a penalty. ? If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. 1 can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. ? If you do not most your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life - ? Single ? Joint Insured Credit Disability - ? Single E] Joint Credit Unemployment - ? Single ? Insured Joint Insured Premium S Term Premium $ Term Premium $ Term Name of Insurance Company My signature below means I want (only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. X D.O.B. 4/22/1967 X D.O.B. D.O.S. X D.O.B. m 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 3114/2002 (page r of 31 tl n ?i of Amount Financed Kmount paid to me directly 5 0.00 Amount paid on my account S Amounts paid to others on my behalf* To insurance companies S 1110.00 To public officials - filing fees only $ To public officials - other than filing fees $ Amount od on your behalf $ 35540.00 Buydown $ Additional Finance Fees $ 1362.50 (Minus) Prepaid Finance Charge S 2472 .50 Amount Financed S 35540.00 *You may retain or receive a portion of these amounts. ® Property it - Property insurance is required. I may obtain property insuram. from anyone 1 want that is acceptable to you, If I get the insurance from or through you, I will pay $ 1110 - 00 for three years of coverage. Insurance Commissions - I understand and agree that any insurance premiums paid to insurance companies as part of this loan will involve money retained by you or paid back to you as commissions or other remuneration. ADDITIONAL TERMS OF THE NOTE Definitions - "I," "me" or "my' means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa,C•S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. Name and Location - My name and address indicated on page 1 are my exact legal name and my principal residence. 1 will provide you with at least 30 days notice prior to changing my name or principal residence. Comntisslons or Other Remuneration - I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. Prepayment - 1 may prepay this loan in whole or in part at any time. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Default - I will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement, 1 also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - 1 waive Ito the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Financial Statements - 1 will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1. The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. 0 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-St-ON-PA 3/14/2002 (page 2 of 31 ADDITIONAL TERMS OF THE SECURITY AQ` "r "T r. Secured Obligations - This security agreement secures this loan (including all extensions, renewals, refinancings and modifications) and any other debt f have with you now or later. Property described in this security agreement will not secure other such debts if and to the extent the property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan; and 2. Payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights). It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that I own all the Property. 1 will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. 1 will keep the Property in my possession (except if pledged and delivered to you). I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. I will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will pay all taxes and charges on the Property as they become due. I will Inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. 4. 1 will keep the insurance until all debts secured by this agreement are paid, If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If 1 am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1, Pay taxes or other charges, or purchase any required insurance, if 1 fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. 1 agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Perfection of Security Interest - I authorize you to file a financing statement covering the Property. 1 agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay all actual costs of terminating your security interest. Signatures - 1 agree to the terms on pages 1, 2 and 3 of this agreement. 1 haver ved a copy of this document on today's date. GNERS SEE SEPARATE NOTICE BEFORE SIGNING. Signature Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. 1 will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, 1 will pay the difference, Signature Signature 0 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 3/14/2002 (page 3 of 31 O(o -.36 -? Flil1'I1ty1111A 1?ll1aa?li?Il?? r CERTIFIC&T F L F L ,_4 117 r t " t"M if ?'a.P'?j NljMgtll Ttaltl I L. lYla l'r f ??ST(?F(? curL'rW¦`t^ 11I `) s ?. ...yin .ty q• TV E' f x I.Nr? :'SFJ1T CAP Ir PRIOR TITLE STATE Of? PROCD. OA'.T6- ff iLE ?,ii )'?` ?ppii?TAI CCS '•,L{ tjt -ODdf M? St j C ,?ODfp3?A TA is DAYE PA TITlEO DATE OF ISSUE UNLADEN WEIGHT ? GVWR GCWR ?TITIF BWWOS C 3 NOT ;i VERIF ODOMETER DISCLOSURE ERAL LAW _ 'STERI:D OWNEA(S) ?? E WELLER `rY c -? Q[N = I?L'E PA 170LS p- , 4-....?:.. SL1 fl. AV SEC LIEN FAVOR OF: - A AC OLDI'NGS N b'ie - Rwiom.t le 11sOSd wP, a.t,?teclw o1 Ihp mst 1011, d,. rrtnlat )orwsN 111 Title to the Bufsa{?`0 Motor t?dhk,ee wrih 160 FI ? - •".t 'l loan ehd Na: 1 f-, ,,, 8Y AUTHORIZED REPRESENTATIVE SE0,11 LIEN RELEASED DATE - 1Mu r ! BY 0O80a1 AUTHORIZED REPRESENTATIVE TAMMAC HOLDINGS CORPORATION z 100 COMMERCE BLVD WILKES BARRE PA 18702 ' `I a I cattily as of d+e date of IssuC du ofkW reoords of ft PamsyharYa IXpertmant ALLEN D- B I E H L E R of TranspoAetlon rolled Ow Bw person(s) or conIMV named herein Is dts lewlul owner • e of du sold vehicle. " SeereI o. Tr!mporfstloc TO E COMPLETED 13Y PURCHASER WHE14 VEHICLE IS SOLD AND THE 1 FOR TITLE AND LIEN 1INFORMATI ON. APPROPRIATE SECTIONS ON THE REVERSE SIDE OF THIS ODCUMENT ARE COMPLETED. kko SWORN K a c% purd?saer otller l;IUtrl your spouae k Hh;w arid. ygit wLUK.lfls tlMs to E be es.' Tenants vWNh Ri of S pla Mo. . l ? k1.GorrtrhAlt (p? , .b hishla?t ftbHS a )€ . t:. rlonATWE OF PFAWN ADMkVSM N/f OATH „ stlR# Std Fir f;?r K . t h.'. ?:i" ? '>. CRY W _ . 1F TH A?,ELT. CNECIC HERE (-j N I E Q ? .f .. NOSE? S f ?Jl11R 0 :, ... W 2HD DATE: ..? No LIEQL C)1 ., v- CMv4k M Tw b rr what ass ge b m+P +ne a e _ I ?Q Yilt Mtr rl s " p M! ? ? a a .: 2NQ r 6 r. t 1t-sf .. STRt• .. :p 4. r i- lu? CITY t STATE _ 7CD ' F AN ELT, CHECK HERE l FIN A(10K . _ , . ?1TUNE OF 06i!?PISM!?1fIJl(c QP yrtHOMED 1? REOUIRE0 E ... :._ . . wN e.. 11 P) // C ?? '. Q .,? ? ? ' ~ ? -.. ? ` ? ? ?..,. ' "? ?' ` '. 'b 1 ?, A PROFESSIONAL COR ORA O?UINN ATTORNEY FOR PLAINTIFF BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 653871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 570 287-3000 COURT OF COMMON PLEA , now by TAMMAC CORAM?A HOLDINGS assignment, CORPORATION, Plaintiff VS. REBECCA E. WELLER, Defendant IN THE CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN N0.07-6206 Civil Term AFFIDAVIT OF SERVICE Esquire9 I 1, Marjorie Zimmerman, Legal Assistant to James T. Shoemaker depose and say A. according t for the plaintiff, Tammac Corporation, being duly sworn as follows: On November 139 2007, a notice of hearing for seizure of property 1• 2007 at 3:30 p.m., in the above-captioned matter hearing for December 10, air, tracking 1Z F14 A09 scheduling was sent to the defendant, Rebecca E. Weller, via U.P.S. next ay 22:1008 229 7. 2, On November 20, 2007, an automated recording of U.P.S. confirmed that Lane, Carlisle, package was delivered to the defendant at 85 Cherry PA 17015, on November J.4,2007 at 9:35 a;m. v? the above-ref erenced Marjori A. Zimm man Sworn to before me this Say o ov ber, 2007. Notary Public MpNWEALT' OF PENNSYLVANIA 794737.1 Smith,?Lry Public Terri C. Smith. Berne soro, Luzeme County MV Commission Expires Feb. 2, 2008 v ? co HOUoREGAoNAKLURGQERR & QUINN ATTORNEY FOR PLAINTIFF BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE ?57 INGSTON, PA 18704-5815 0287-3000 IN THE COURT OF COMMON PLEAS TAMMAC CORPORATION, now by CUMBERLAND COUNTY assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff CIVIL ACTION - LAW VS. . REPLEVIN REBECCA E. WELLER, Defendant NO. 07-6206 Civil Term AFFIDAVIT OF SERVICE I James T. Shoemaker, Esquire, counsel for the plaintiff, Tammac Holdings Corporation, being duly sworn according to law, depose and say as follows: On November 12, 2007,1 served a true and correct copy of the plaintiff's 1. hearing for seizure of property upon the defendant, Rebecca E. Weller, via notice of certified mail, return receipt requested. The certified mail was received on November 16, 2007, as evidenced by the 2. Postal Service Form 3811. (A COPY of the United States Postal Service Form United States nal United States Postal Service Form 3811, and my transmittal letter dated 3800, the origi 794734.1 November 12, 2007, is attached hereto collectively as Exhibit "A" and incorporated herein by reference.) James T. Shoemaker, Esquire Sworn and subscribed to before me this 20th day of November, 2007. )'tgjry Public NOTARIAL SEAL COMMO=ZIMAMERMAN.NOtary NNMVANIA MARJORIE otary publk Launty My commis ber 16, 2010 794734.1 2 .n ?. ,.•I.KL USE ru PO~ $ Ul C3 CereW Fee Pose Here C3 C3 Retum RecW Fee (Ed?= Required) ru Fee FlldftW ulred) (F.ndorsemenl eq m r-q Total postage & Fees $ in o Rebecca E. Weller 0 85 Cherry Lane Carlisle, PA IJU5 F N Complete items 1, 2, 'ahd 3. Aiso complete item 4 if Restricted Delivery is desired. _a print your nama,and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece,, or on the front if space permits. 1. Article Addressed to Rebecca.E. Weller. 85 Cherry Lane Carlisle, PA 17015 A. Sig[le 0 Agent ? re B. Rec ved by (prin' Name) G. ihat?j ofl 1? ? D. is delivery address Yes ry a to H YES, enter delivery add ddress 612X7 3. Service TYPa 13 ?rtified Mail Express Mail p Registered SM tum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. AM016Number 7005 1820 DDDS 2464 3681 R f zIS Form 3811, February 2004 Domestic Return Receipt 102595-02411-1540 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION ALLAN M. KLUGER RICHARD M. GOLDBERG RICHARD S. BISHOP JAMES T. SHOEMAKER MICHELLE M. GUINN DAVID AIKENS, JR. DAVID W. SABA AMANDA V. WRIGHT-KLUGER KELLY M. OCHREITER JOSEPH A. QUINN, JR. ARTHUR L. PICCONE JOSEPH E. KLUGER DONALD C. LIGORIO RICHARD M. WILLIAMS TERRENCE J. HERRON JOSEPH P. MELLODY, JR. MICHAEL A. LOMBARDO 111 DONNA EM DAVIS* BRIAN O. MCDONNELL LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 1 8704-58 1 5 (570) 287-3000 FACSIMILE (570) 287-8005 E-MAIL: hkq@hkgpc.com SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 18503-2014 (570) 346-8414 FACSIMILE (570) 961-5072 -DISTRICT OF COLUMBIA BAR ANDREW HOURIGAN, JR. Ext. 12G 1948-1978 Direct E-Mail: Lshoemakernhkgpc.COm November 12, 2007 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Rebecca E. Wee Re levin) No. 07-6206 Civil Term (Cumberland County)( P Tammac Account No.: 06-3623 Our File No.: 67583-1051 Re: Tammac Corporation, now by assignment, Tammac Holdings Corporation vs. II r Dear Sir/Madam: I am enclosing for filing, in connection with the above-referenced matter, an original and three copies of a notice of hearing for writ of seizure. Upon your receipt of the enclosed, please file the original lande the forward requisite file-stamped copies, if any, of the enclosed notice on my behalf. Thereafter, p able of the Sheriff in the amount of copy of the notice, together with the check made pay 100.00, and a self-addressed, stamped envelope, to the Sheriff for service of the enclosed notice upon the defendant. of this letter, I am serving the defendant with a copy of the enclosed By way of copy notice via certified mail, return receipt requested and via overnight courier. Finally, kindly return to me a file-stamped copy of the notice in the self-addressed, stamped envelope I have provided for that purpose. 793528.1 November 12, 2007 Page two Thank you for your assistance with this matter. questions. Respectfully, Please call me if you have any James T. Shoemaker JTS:mz Enclosures PC: Sheriff -Cumberland County Rebecca E. Weller (w/encl) via certified mail, return receipt requested, article #70051820 0005 2464 3681 and # 1Z F14 A09 22 1008 229 7 United Parcel Service -overnight delivery - tracking Mary Ann Whitney (w/encl) Kelly M. Ochreiter, Esquire (w/o encl) 793528.1 1 ( j_ 4 L? ?.. j HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, vs. Plaintiff CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant : NO. 07-6206 Civil PRAECIPE TO DISCONTINUE CASE WITHOUT PREJUDICE TO: Prothonotary 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December 3, 2007 Kindly discontinue the plaintiff's action in the above-referenced matter without prejudice. Thank you. Respectfully submitted, HOI?LUGER & Hdlg P.C. BV: / `- J oem er, squire Id No: 63871 Counsel for the plaintiff 796196.1 C y - f"i"i SHERIFF'S RETURN - REGULAR CASE NO: 2007-06206 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS WELLER REBECCA E STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC OF HEARING -WRIT OF was served upon WELLER REBECCA E the DEFENDANT , at 1245:00 HOURS, on the 30th day of November , 2007 at 200A MARION AVENUE CARLISLE, PA 17015 REBECCA WELLER by handing to a true and attested copy of NOTC OF HEARING -WRIT OF together with SEIZURE, ORDER, MOTION FOR WRIT OF SEIZURE COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 t .00 `1(04 32.80 t?? I n Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/04/2007 HOURIGAN KLUGER QUINN By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06206 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS WELLER REBECCA E GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon WELLER REBECCA E the DEFENDANT , at 1527:00 HOURS, on the 21st day of November-, 2007 at 200 A MARION AVENUE CARLISLE, PA 17015 by handing to a true and attested copy of COMPLAINT - REPLEVIN together with BRIEF, ORDER, MOTION FOR WRIT OF SEIZURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 37.60 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/27/2007 HOURIGAN KLUGER QUINN By: 'A'a L)4=42k % Deputy Sh iff of A. D.