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HomeMy WebLinkAbout05-4417HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, VS. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants NOTICE ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NODS'- *117 Civil Term YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 539497.1 PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) COURT ADMINISTR ATOR YORK COUNTY COURT ADMINISTRATOR Cumberland County Bar Association York County Courthouse 2 Liberty Avenue 28 East Market Street Carlisle, PA 17013 York, PA 17401 (717) 249-3166 or (717)771-9234 1-800-990-9108 BY Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. James T. Shoemaker, Esquire ID No. 63871 Counsel for the plaintiff, Tammac Corporation 538497.1 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 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL, ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO.OS- 411? Civil Term COMPLAINT The plaintiff, Tammac Corporation ("Tammac" ), by and through its counsel, Hourigan, Muger & Quinn P.C., hereby complains against the defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: 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. The Hills are both adult individuals having a last known address of Indian Springs Manor, 4 Apache Drive, Shippensburg, Cumberland County, PA, 17057. 678449.1 On or about October 21, 1999, the Hills were the owners of a 1999 Fleetwood manufactured home bearing VIN VAFLW 19A51023 WG13 (the "Collateral"). 4. On or about October 21, 1995, Tammac made a loan to the Hills in the amount of $36,797.50, as evidenced by a simple interest note, disclosure and security agreement (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, the Hills granted Tammac a security interest in the Collateral, as further 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. 7. The Hills defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Hills are due for their September 21, 2002, payment. 9. The fair market value of the Collateral is believed to be $30,000.00. 10. Tammac believes and therefore avers that the Hills have possession of the Collateral. 11. The Hills have 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 August 12, 2005, was $52,147.35, consisting of principal in the amount of $36,134.61, accrued interest in the amount of $16,081.34, and late 679449.1 charges in the amount of $310.00, less a suspense payment of $378.60, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Hills in the amount of $52,147.35, plus interest from August 12, 2005, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: August 23, 2005 678449.1 I WOW iNl ? - f y •, 'd 1 .11 IFIF ? rrr^^ ...S ' a ? •" 1 1.1 6 Y" :1% 6 i7 tr : ifP.? 1 _:x? ? l x • tr.r ? ry?..-PZ yY I t ??, y a i y\?II „q ?F' `]> ,7Afd] ?IJlle S W1 a- • ,'? 'sY' ; `" • . "^^ p 1; Y xxx 1' ^ 'Y ' : `' i ;:. . . f t ?a v i '.; IA ? i 1 n 3. x Y ; . . r _.;.ni ti s r x fxY, + ?+l 1 1: y???'t?` R '?iil ....._J L.?,e 4:_.....a 1"YT'?r^' w a •?a 1 z w ...v ?vx '' ? ._ ? 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'r• y...i t. 0, v--".-"}._h' 11 -71 i 1 -T ?yg,?;pt?""??tltl IWG.7? 1'G?I u?Ip Y 7tll i• i. 1J '1.?LI ?'"?T ?r _ _ m? 'mo`t "?[y..,, ?• :r ". 1t ..ryry....•? zzx `v'. t?A 4 y? ?Yli'MP1'?q'Y•`F'f•' FI M••W'm?ir'-n"?•I', r'Y 4"ry?'n• 'YI'1 i } `IT .. ?.. ?J xl ? ? wu?A.} .. l f ".. ?.? +r t ' T ."? ro a Y . .i [J. ?. I ? -?( ai t l :A.PT Y• ® ? Y .y Br' ??_wl??-Y '?1"Y?1Y??W.'.?..1y?.4 'F<"'Mwl ll`l?..Y .:i 1 1 K? !I fS 3P ? 'v-? , x A ^ ri x r 1 ,.yn I,11 1 • IM y1 eY Ste. 11 pp_E?11y'?`?CFtt?I mayalaehi p ede b you. (IJ geCMOtJnsurence "Ma br FIVE:'-?yEA$S.,?m,e,?a, .:y ,. 'i VERIFICATION I, Amanda Heiges, Paralegal of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4404 relating to unsworn falsification to authorities. Am da Heiges 678450.1 ,43 9 r; r0 w i` r? 0 `i f ,G -1 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 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. Plaintiff CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO,OS- Civil Term PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac"), 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 defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: On even date herewith, Tammac is filing a complaint in replevin against the Hills. (A true and correct copy of Tammac's complaint in replevin is attached hereto pursuant to Pa. R.C.P. No. 1075.1(b), incorporated herein by referenced pursuant to Pa. R.C.P. No. 1019(g) and marked as Exhibit "l.") 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. BY: James t. anoemaxer, rsgwre ID No. 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: ' > d, 2-12005 678425.1 VERIFICATION I, Amanda Heiges, Paralegal of Tammac Corporation, 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 being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. I XYY Am da Heiges 678432.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO. Civil Term NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 538497.1 a EXHIBIT n "1 U PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) COURT ADMINISTRATOR Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 YORK COUNTY COURT ADMINISTRATOR York County Courthouse 28 East Market Street York, PA 17401 (717)771-9234 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No-63871 Counsel for the plaintiff, Tammac Corporation 538497.1 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 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. Plaintiff CIVIL, ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants COMPLAINT NO. Civil Term The plaintiff, Tammac Corporation ("Tammaa"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: 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. The Hills are both adult individuals having a last known address of Indian Springs Manor, 4 Apache Drive, Shippensburg, Cumberland County, PA, 17057. 678449.1 On or about October 21, 1999, the Hills were the owners of a 1999 Fleetwood manufactured home bearing VINVAFLW19A51023WG13 (the "Collateral"). 4. On or about October 21, 1995, Tammac made a loan to the Hills in the amount of $36,797.50, as evidenced by a simple interest note, disclosure and security agreement (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, the Hills granted Tammac a security interest in the Collateral, as further 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. The Hills defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Hills are due for their September 21, 2002, payment. The fair market value of the Collateral is believed to be $30,000.00. 10. Tammac believes and therefore avers that the Hills have possession of the Collateral. 11. The Hills have 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 August 12, 2005, was $52,147.35, consisting of principal in the amount of $36,134.61, accrued interest in the amount of $16,081.34, and late 678449.1 charges in the amount of $310.00, less a suspense payment of $378.60, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Hills in the amount of $52,147.35, plus interest from August 12, 2005, 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 Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: August 23, 2005 678448 1 TAMMAC CORPORATION 275 MMY STREET MKES-EARRE,.:PA 18702- LENDER'S NAME AND,,ADDRESS 'Yaf meansmeteMer, pswc?:asoiF'eM"«I4 TERMS wLLOWINO A II APPL'Y`ON Y IFjCfIE EM ? ?ImaY aONln'? ?.P"tTTMYI???R . tda b yvw M I gectlierfnsurerke hom < b;. FIVE_YEAitS J SE?L?ll S ?? f ;- r ,, - - -=-? -, - - ..-, ='i VERIFICATION I, Amanda Heiges, Paralegal of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ly?? k\- 11 CJ Am da Heiges 678450.1 CJ ^? n.) JiT J J .. t CwJ CO J C HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NODS -4VY/ 7 Civil Tenn PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac"), 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 defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: On even date herewith, Tammac is filing a complaint in replevin against the Hills. (A true and correct copy of Tammac's complaint in replevin is attached hereto pursuant to Pa. R.C.P. No. 1075.1(b), incorporated herein by referenced pursuant to Pa. R.C.P. No. 1019(g) and marked as Exhibit "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. BY: James 1. Shoemaker, s ire ID No. 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: d, 3 , 2005 678425.1 VERIFICATION I, Amanda Heiges, Paralegal of Tammac Corporation, 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 being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. l[ V Y V l S1 Am da Heiges 678432.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, VS. Plaintiff ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NOTICE NO. Civil Term YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 538497.1 EXHIBIT PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) COURT ADMINISTRATOR Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 YORK COUNTY COURT ADMINISTRATOR York County Courthouse 28 East Market Street York, PA 17401 (717)771-9234 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No. 63871 Counsel for the plaintiff, Tammac Corporation 538497.1 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 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. Plaintiff CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants COMPLAINT NO. Civil Term The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Muger & Quinn P.C., hereby complains against the defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), 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. The Hills are both adult individuals having a last known address of Indian Springs Manor, 4 Apache Drive, Shippensburg, Cumberland County, PA, 17057. 678449.1 On or about October 21, 1999, the Hills were the owners of a 1999 Fleetwood manufactured home bearing VIN VAFLW19A51023WG13 (the "Collaterar). 4. On or about October 21, 1995, Tammac made a loan to the Hills in the amount of $36,797.50, as evidenced by a simple interest note, disclosure and security agreement (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, the Hills granted Tammac a security interest in the Collateral, as further 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. 7. The Hills defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Hills are due for their September 21, 2002, payment. 9. The fair market value of the Collateral is believed to be $30,000.00. 10. Tammac believes and therefore avers that the Hills have possession of the Collateral. 11. The Hills have 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 August 12, 2005, was $52,147.35, consisting of principal in the amount of $36,134.61, accrued interest in the amount of $16,081.34, and late 676449.1 charges in the amount of $310.00, less a suspense payment of $378.60, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Hills in the amount of $52,147.35, plus interest from August 12, 2005, 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 Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: August 23, 2005 678449.1 YUK&TION STREET RE: 'PA 18702 Ti Y p. ce kwn d G/?A?6??k? y`lv VIj, If vY? ?'1 rx,. za .. EMEND CNEd, :C ?U IG F- In iU VERIFICATION I, Amanda Heiges, Paralegal of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Am da Heiges 678450.1 C7 ? O y =< CD CD RECEIVED AUG 3 0 2005 A TAMMAC CORPORATION, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL Defendants REPLEVIN NO os-- 01 11 Civil Term RULE AND NOW, this ?4 day of '2005, upon consideration of the motion for writ of seizure filed on behalf of the plaintiff, Tammac Corporation, a Rule is hereby entered upon the defendants, Brian K. Hill and Yvonette A. Hill, to appear and show cause, if any there be, why the relief requested in the plaintiff's motion for writ of seizure should not be granted. Rule Returnable for answer and hearing the Qnd day of J /mar, / Oh , 2005, at Gd _.m. in (?z Zv ,e e yiy y Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 678424.1 J. X. I ?v._ ? C1=111? HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES ATTORNEY FOR PLAINTIFF TAMMAC CORPORATION, vs. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-4417 Civil Tenn NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: Brian K. Hill Yvonette A. Hill Indian Springs Manor 4 Apache Drive Shippensburg, PA 17057 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 Rule dated September 2, 2005, is attached to this notice. 2. There will be hearing on this motion for writ of seizure on September 22, 2005, at 11 a.m., at the Cumberland County Courthouse, Carlisle, Pennsylvania, Court Room No. 4. 678419.1 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 ID No.63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: September 7, 2005 679419.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63B71 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, VS. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants NOTICE ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO.OS'-L/Y/7 Civil Term YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 576497.1 ll;t: W and ti`Q WA cl s zG Rs si 10-1 'le. Fa. 1 i{3 tic~tj? Ci . PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) COURT ADMINISTRATOR YORK COUNTY COURT ADMINISTRATOR Cumberland County Bar Association York County Courthouse 2 Liberty Avenue 28 East Market Street Carlisle, PA 17013 York, PA 17401 (717) 249-3166 or (717)771-9234 1-800-990-9108 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ?i James T, Shoemaker, Esquire ID No. 63871 Counsel for the plaintiff, Tammac Corporation 538497.1 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 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. BRIAN K. HILL and YVONETTE A. HILL, Defendants COMPLAINT CIVIL ACTION - LAW NO. Civil Term The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Muger & Quinn P.C., hereby complains against the defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: 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. The Hills are both adult individuals having a last known address of Indian Springs Manor, 4 Apache Drive, Shippensburg, Cumberland County, PA, 17057. 678449.1 On or about October 21, 1999, the Hills were the owners of a 1999 Fleetwood manufactured home bearing VIN VAFLW19A51023WG13 (the "Collateral"). 4. On or about October 21, 1995, Tammac made a loan to the Hills in the amount of $36,797.50, as evidenced by a simple interest note, disclosure and security agreement (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, the Hills granted Tammac a security interest in the Collateral, as further 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, 7. The Hills defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Hills are due for their September 21, 2002, payment. 9. The fair market value of the Collateral is believed to be $30,000.00. 10. Tammac believes and therefore avers that the Hills have possession of the Collateral. 11. The Hills have 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 August 12, 2005, was $52,147.35, consisting of principal in the amount of $36,134.61, accrued interest in the amount of $16,081.34, and late 678449.1 charges in the amount of $310.00, less a suspense payment of $378.60, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Hills in the amount of $52,147.35, plus interest from August 12, 2005, 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: f James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: August 23, 2005 678449.1 TAI-biAC CORPORATION 275 MMY STREET WILRES-BARRE,."PA M702 ,,(¢' ? - y?. xi. eta sopJ t y,_ ,;e o EXHIBIT WIEREST NOTE, DISClA4UFE, MD SECURRYJ. ,W?sy?-RC MN Fam NJ, 551sA ?. Q ____-_-_.?:-___?J ;< is f r VERIFICATION I, Amanda Heiges, Paralegal of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Ama ii da Heiges 678450.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants f7 o p -n ATTORNEY FOR PLAINTIFF ? n '-4 N ? l0 o -Ij 2 IN THE COURT OF COMMON PLEA 3 OF CUMBERLAND COUNTY 10 CIVIL ACTION - LAW NO.OC- TgI1 Civil Term PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac"), 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 defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: On even date herewith, Tammac is filing a complaint in replevin against the Hills. (A true and correct copy of Tammac's complaint in replevin is attached hereto pursuant to Pa. R.C.P. No. 1075.1(b), incorporated herein by referenced pursuant to Pa. R.C.P. No. 1019(g) and marked as Exhibit "l.") 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, 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: ? d, , 2005 HOURIGAN, KLUGER & QUINN, P.C BY: James t. SnoemaKer, t;squtre ID No. 63871 Counsel for the plaintiff, Tammac Corporation 678425.1 VERIFICATION I, Amanda Heiges, Paralegal of Tammac Corporation, 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 being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ?'YY?-Q(??CZ SLY St ? C?,.Q Am da Heiges 678432.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, VS. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants NOTICE ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. Civil Tenn YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 538497.1 r.. ?HIBR 0 j a 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, vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants COMPLAINT NO. Civil Term The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: 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. The Hills are both adult individuals having a last known address of Indian Springs Manor, 4 Apache Drive, Shippensburg, Cumberland County, PA, 17057. 678444.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63671 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. Plaintiff CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants COMPLAINT NO. Civil Term The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: 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. The Hills are both adult individuals having a last known address of Indian Springs Manor, 4 Apache Drive, Shippensburg, Cumberland County, PA, 17057. 679449.1 3. On or about October 21, 1999, the Hills were the owners of a 1999 Fleetwood manufactured home bearing VIN VAFLW19A51023WG13 (the "Collateral'). 4. On or about October 21, 1995, Tammac made a loan to the Hills in the amount of $36,797.50, as evidenced by a simple interest note, disclosure and security agreement (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, the Hills granted Tammac a security interest in the Collateral, as further 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. The Hills defaulted under the terms of the Note: by failing to make monthly payments of principal and interest due under the Note. 8. The Hills are due for their September 21, 2002, payment. The fair market value of the Collateral is believed to be $30,000.00. 10. Tammac believes and therefore avers that the Hills have possession of the Collateral. 11. The Hills have 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 August 12, 2005, was $52,147.35, consisting of principal in the amount of $36,134.61, accrued interest in the amount of $16,081.34, and late 678449.1 TORATION STREET RE,'. CFA 18702' . Yarn lERMSA NOSE.{arve .- - ay?Mya.rppCaro•r•u' s :i $ YSYi 4'2 150.:: {S?fa PUWCOMV1ek ' s w7" 7 .Ash" D S ZOCUMEKM FEE. I, , a 73'.00 A TAHMAC F3NANCI ,.. •Qo.w +.an a"`eanw• : i#- Cora w7mpw«•an weLUaaaa. ??` ' ?} =:?. I :. I, ? • o [] m na ..a >tlaaure i a 92.:150 _ Imey abetliPnperty w?ml titY J IWAA ? -. F;YRa . aL'?la•^c• han a tlnmuil.you'1 WmYP•Y'x ICN TIRE'Sn6AG A - !S$fll REM G AGE20F.iHl: N .AG . I / VE YEARS 't 1 .i a{ m..rW 7. Q .'A e CU EM4??lw„?E TE tI'?ODAYS'OA . I. F .;M 'jl ix.,c'•?? ? A ?A-!C?9?lG! rls r ] I f`N N4 r:.: p... ? alfERESi?JtnSURANCE lm•y OWNAJ1?e? w ? M ` ^Ra 1 Rf? I 7 I ? j ? m n PMk•mepl•M•bm tlY al q•I T+?MIx•?:Q!Y:.+.. 1. t1 .Lrp ? ?i N A 4 . a r? i9wa?n y ,Y;;, o EXHIBIT ' .. ? M ER WIERFST NDiE, OISCAA +UR?AND S[WRRY' 1Wn BYi??9.Wr?MC hCY qMN Iarm ND SS?YI F •..?aA? M ?' : ?I PEN-ENDCRWJT R ( IdP .. < . ? _ ; I 1 MW , c c is F 14 it .c VERIFICATION I, Amanda Heiges, Paralegal of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Ama d?ges 678450.1 J'RECEIVED AUG 3 0 M HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO.OS-4417 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Ta unac Corporation ("Tammac"), by and through its counsel, Hourigan, Muger & Quinn, P.C., hereby submits its brief in support of plaintiffs motion for writ of seizure against the defendants, Brian K. frill and Yvonette A. Mill (the "Hills"), 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-Bane, PA 18702. The Hills are both adult individuals having a last known address of Indian Springs Manor, 4 Apache Drive, Shippensburg, Cumberland County, PA, 17057. 678454.1 On or about October 21, 1999, the Hills were the owners of a 1999 Fleetwood manufactured home bearing VIN VAFLW 19A51023 WG13 (the "Collateral"). On or about October 21, 1995, Tammac made a loan to the Hills in the amount of $36,797.50, as evidenced by a simple interest note, disclosure and security agreement (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, the Hills granted Tammac a security interest in the Collateral, as further 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. The Hills defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. The Hills are due for their September 21, 2002, payment. Upon information and belief, the fair market value of the Collateral is $30,000.00. Tammac believes and therefore avers that the Hills have possession of the Collateral. The Hills have 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. The balance of the Note as of August 12, 2005, was $52,147.35, consisting of principal in the amount of $36,134.61, accrued interest in the amount of $16,081.34, and late charges in the amount of $310.00, less a suspense payment of $378.60, exclusive of attorneys' fees and costs. 678454.( H. STATEMENT OF THE OUESTION INVOLVED WHETHER THE PLAINTIFF IS ENTTIT.ED TO POSSESSION OF THE COLLATERAL WHEN THE DEFENDANTS HAVE 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 Equico Lessors Inc. v. Ewing, 281 Pa. Super. 147, 152, 421 A.2d 1190, 1193 (1980) 678454.1 3 (holding that prima facie right established by testimony of plaintiffs 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 healing 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 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 plaintiffs 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 678454.1 of the subject property. See Pa.R.Civ.P. No. 1075.4(a); see also Mayer v. Chelten Ave. Bldg. Coro.' 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 plaintiffs bond). 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 so doing 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. Corn. v. National Underwear Co. 325 Pa. 383, 387, 191 A.40, 42 (1937). The plaintiff must establish his right to 6/8454.1 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 Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: August 23, 2005 678454.1 TAMNAC CORPORATION 275 MITNDY STREET _ WILKE94ARRE;- PA 18702 Jf.. r ai ufimE -sR ME moo &OFEsk, 'Ytll meaM1S Me laWO(. MS SU6VSSM'Blld•`?a P.em ?Y W U1e , eki popeAy4 xn "rmq F s c e'. EXHIBIT v" :e(o rnEU(r :o Xyl ;w r y HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 PA ATTORNEY FOR PLAINTIFF TAMMAC CORPORATION, VS. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-4417 Civil Term AFFIDAVIT OF SERVICE I, James T. Shoemaker, Esquire, being duly sworn according to law, depose and say that I served a true and correct copy of the notice of hearing for seizure of property upon the defendants, Brian K. Hill and Yvonette A. Hill, via certified mail, return receipt requested, on September 7, 2005. The defendants, Brian K. Hill and Yvonette A. Hill, received the notice of hearing for seizure of property on September 10, 2005, as evidenced by the U.S. Postal Service form 3811, a copy of which is attached hereto, incorporated herein by referenced and marked as Exhibit "A". HOURIGAN, KLUGER & QUINN, P.C. By: James T. Shoemaker, Esquire ID No.63871 Counsel for the plaintiff, Tammac Corporation Sworn to and subscribed before me this day of September, 2005. Notary Public NOTARIAL SEAL DE90ltAH A. NOUSENICK, NotaN Pub1k: yyllkgsgarte, LuZerne County NN Cptnmisslon Expires Olt 9, 2005 1' 682553.1 ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: K yd & • 2. Article Number (Timrafer from j PS Form 3811, February A. Signature / X & C S.Pecelved 4y (Pdnted Name) Is delivery address dMefent frorn hem If YES, enter delivery address below: 3. Services Type mortified Mall 0 Express Mall 0 Registered 0 Return Receipt _0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (EMra Fee) 7004 0550 0001 5184 1588 2004 Domestic Return Receipt ¦ Complete iterils 1, 2, and,8. Also complete item 4 H Restricted Delivery is desired. ¦ Print your mime and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiace, or on the froW 0 space permits. 1. Article to: y,axt;6&- a_ ?Q-i'W 5-7 A. giignna?tturee x Name) D, Is delivery address dlAerent from hem 14 If YES, enter delivery address below: 3. Service Type ZPCw-Wed Mail 0 Express Mall 0 Registered 0 Return Recel 0 Insured Mail 0 C.O.D. 4. Restdcted Delivery? (Erna Fee) 2. Article Number (Oansfer from servbe lab 7004 0550 0001 5184 1571 "alissssss PS Form 3811, February 2004 Domestic Return Receipt t _ p "11 _0 C/) cry TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO. 05-4417 Civil Term ORDER AND NOW, this 22 eday of September, 2005, at // Zoo'clock Q in., it is hereby ORDERED AND DECREED: (1) that the Prothonotary issue a writ of seizure to the Sheriff of Cumberland County directing the Sheriff to seize the defendants' 1999 Fleetwood manufactured home bearing VIN VAFLW19A51023WG13, as well as any and all appliances, furniture and equipment sold with the manufactured home, all property whether now or hereafter attached to the manufactured home, and all proceeds of the foregoing, including insurance; and (2) the plaintiff shall file a bond in the amount of $ -oo ooo oo with surety approved by the Prothonotary, naming the Commonwealth of Pennsylvania as obligee, conditioned that, if the plaintiff fails to maintain its right to possession of the property, it shall pay to the party entitled thereto the value of the property and all legal costs, fees and damages sustained by reason of the issuance of the writ of seizure. cc: Brian K. Hill Yvonette A. Hill James T. Shoemaker, Esquire ,d_? 01"le w"4tut? q, 672598.1 BY THE COURT: N rf Cr1 71 ro ?i0 1 N C7 N cry SHERIFF'S RETURN - REGULAR CASE NO: 2005-04417 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HILL BRIAN K ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HILL BRIAN K was served upon DEFENDANT the , at 0929:00 HOURS, on the loth day of September, 2005 at 4 APACHE DRIVE SHIPPENSBURG, PA 17057 by handing to BRIAN HILL a true and attested copy of COMPLAINT & NOTICE together with RULE and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 12.80 Postage .37 Surcharge 10.00 .00 41.17 Sworn and Subscribed to before me this 1;13 day of 2LYJY A.D. Prot o otar So Answers: R. Thomas Kline 09/12/2005 HOURIGAN KLUGER QUINN By: y SHERIFF'S RETURN - REGULAR CASE NO: 2005-04417 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HILL BRIAN K ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HILL YVONETTE A the DEFENDANT , at 0929:00 HOURS, on the 10th day of September, 2005 at 4 APACHE DRIVE SHIPPENSBURG, PA 17057 by handing to BRIAN HILL, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of 0? A.D. Prot otary So Answers: R. Thomas Kline 09/12/2005 HOURIGAN KLUGER By: y SHERIFF'S RETURN - REGULAR CASE NO: 2005-04417 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HILL BRIAN K ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the DEFENDANT , at 1842:00 HOURS, on the 12th day of September, 2005 at 4 APACHE DRIVE SHIPPENSBURG. PA 17057 BRIAN HILL by handing to a true and attested copy of COMPLAINT & NOTICE together with NOTICE OF HEARING FOR SEIZURE OF PROPERTY RULE and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 12.80 Postage .37 Surcharge 10.00 .00 41.17 Sworn and Subscribed to before me this I3 day of [).t t ClO A.D. f,?t t 7 Pr o otar So Answers: R. Thomas Kline 09/13/20 HOURIGAN By: SHERIFF'S RETURN - REGULAR CASE NO: 2005-04417 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HILL BRIAN K ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LL YVONETTE A DEFENDANT the at 1842:00 HOURS, on the 12th day of September, 2005 at 4 APACHE DRIVE PPENSBURG, PA 17057 by handing to BRIAN HILL, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with NOTICE OF HEARING FOR SEIZURE OF PROPERTY and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Protheno iry So Answers: R. Thomas Kline 09/13/2005 HOURIGAN KLUGER By: Deputy HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 TAMMAC vs. Plaintiff ATTORNEY FOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO. 05-4417 Civil Tenn 10 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Brian K. Hill Indian Springs Manor 4 Apache Drive Shippensburg, PA 17057 Date of Notice: October 4. 2005 Yvonette A. Hill Indian Springs Manor 4 Apache Drive Shippensburg, PA 17057 IMPORTANT NOTICE Pursuant to PA RCP 237.5 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 685566.1 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. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 600 Third Avenue Kingston, PA 18704 Telephone No: 570-287-3000 - or- PENNSYLVANIA LAWYERS REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-0f--state residents phone: 1-717-238-6715) James T. Shoemaker, Esquire Attorney for Plaintiff Supreme Court ID No. 63871 685566.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL, ACTION - LAW NO. 05-4417 Civil Term I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the plaintiffs ten day notice of praecipe to enter default judgment, by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: Brian K. Hill Indian Springs Manor 4 Apache Drive Shippensburg, PA 17057 600 Third Avenue Kingston, PA 18704 Telephone: (570) 287-3000 Facsimile: (570) 287-8005 Dated: October 4, 2005 Yvonette A. Hill Indian Springs Manor 4 Apache Drive Shippensburg, PA 17057 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Corporation 685567.1 ?- CTS HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue }Ongston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff BRIAN K. HILL and YVONETTE A. HILL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-4417 Civil Term PRAECIPE FOR WRIT OF SEIZURE To the Prothonotary of Cumberland County: Please issue a writ of seizure to the Sheriff of Cumberland County in the above-captioned matter. Thank you. Respectfully submitted, HO1URIGAN,KKLU ,UR,& P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (Telephone) (570) 287-8005 (Facsimile) Dated: October 13, 2005 684931.1 Tj fi o -a w w 17 c, IT, HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287.3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO. 05-4417 Civil Term WRIT OF SEIZURE TO: Sheriff of Cumberland County You are directed to seize the defendants' 1999 Fleetwood manufactured home bearing VIN VAFLW19A51023WG13 located at Indian Springs Manor, 4 Apache Drive, Shippensburg, PA 17057. If the property is found in the possession of any one not already a defendant, you are directed to add him/her/it as a defendant and notify him/her/it that he/she/it has been added as a defendant and is required to defend the action. Date of Writ: OC4. I Pf ,?oGS PROTHONOTARY BY: &iaiw - 7' j 684952.1 TAMMAC CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO. 05-4417 Civil Term ORDER AND NOW, this 22. ,k day of September, 2005, at 11 ? eo o'clock c, - .m., it is hereby ORDERED AND DECREED: (1) that the Prothonotary issue a writ of seizure to the Sheriff of Cumberland County directing the Sheriff to seize the defendants' 1999 Fleetwood manufactured home bearing VIN VAFLW19A51023WG13, as well as any and all appliances, furniture and equipment sold with the manufactured home, all property whether now or hereafter attached to the manufactured home, and all proceeds of the foregoing, including insurance; and (2) the plaintiff shall file a bond in the amount of $-51c, "- w with surety approved by the Prothonotary, naming the Commonwealth of Pennsylvania as obligee, conditioned that, if the plaintiff fails to maintain its right to possession of the property, it shall pay to the party entitled thereto the value of the property and all legal costs, fees and damages sustained by reason of the issuance of the writ of seizure. BY THE COURT: l51 1 *SS cc: Brian K. Hill Yvonette A. Hill James T. Shoemaker, Esquire 672598.1 J. TRUE COPY FROM RECORD In TesWiorr+ alr;ereof, I here unto set i+«, tS,!!!'tC Ind the sell of sald Cou at Carltsh, ft. (htc P7-D-day 4&L, Prothono" By virtue of this writ, on the day of I caused the within named to have Aqc ituYe,; I u:i of the premises described. Sheriff's Return Advance Costs: 250.00 Docketing 18.00 Sheriff's Costs 68.55 Surcharge 30.00 181.45 Mi.lage 19.20 Poundage 1.35 -TT-7- Refunded to Atty on 10/27/05 Writ of g'i:?yreic;i returned STAYED, per Attorney Property is Vacant. So A , I / Sheriff By 6 nQ x a , k., Sworn and subscribed to before me w this day of ?dC A.D. Pro o ary N 0 4 S V li HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker IDENTIFICATION NO. 63871 LAW OFFICES 606 Third Avenue Kinston. PA 18704 TAMMAC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO. 05-4417 Civil Term WRIT OF SEIZURE TO: Sheriff of Cumberland County You are directed to seize the defendants' 1999 Fleetwood manufactured home bearing VIN VAFLW19A51023WG13 located at Indian Springs Manor, 4 Apache Drive, Shippensburg, PA 17057. If the property is found in the possession of any one not already a defendant, you are directed to add him/her/it as a defendant and notify him/her/it that he/she/it has been added as a defendant and is required to defend the action. Date of Writ: r14 . 10 201 t PROTHONOTARY ATTORNEY FOR Plaintiff BY: <-7 I 1k1tl - 11 a r rites' 5 . Pa- rte'. p- Y7Zt? °• ? 684952.1 ?.- 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) 87-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO. 05-4417 PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please satisfy, discontinue and end the above-captioned action without prejudice. RESPECTFULLY SUBMITTED: Hourigan, Kluger & Quinn, P.C. By: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: September 29, 2008 837841. I cw te=a ? r:lk' ' ? r CD ' r.