The URL can be used to link to this page

Home My WebLink About05-6392 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTOFINEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON. PA 18704-5815 (570\ 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCA V A TING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 0 S - ~J<?~ CLUlL~'1 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 695139.1 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, 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, P A 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\;. -p/_n_..__~ James T. Shoemaker, Esquire LD. No.: 63871 Counsel for the plaintiff, Tammac Corporation 695139.1 2 HOURIGAN, KLUGER & QUINN A PROFESStONAL CORPORATION ALLAN M. KLUGER RICHARD M. GOLDBERG RICHARD S. BISHOP JAMES T. SHOEMAKER MICHAEL J. KOWALSKI RICHARD M. WilLIAMS TERRENCEJ,HERRON JENNIFF:R L. ROGERS' MICHAEL A LOMBARDO III JOSEPH A. QUINN, JR ARTHUR L. PICCONE; JOSEPH E. KLUGER DONALD C UGORIO MICHELLE M. QUINN DAVID AIKENS, JR DAVID W. SABA AMANDA V. WRIGHT-KLUGER MICHAEL T. BLAZlCK. LAW OFFICES SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 18503-2014 (570) 346-8414 FACSIMilE (570) 961-5072 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 FACSIMILE (S70) 287-8005 E-MAIL: hkq@hkqpc.com OF COUNSEL ROBERTC CORDARO ANDREW HOURIGAN, JR 1948-1'.J78 Ext. 1126 ALSO MEMBER NJ BAR December 14, 2005 Anthony Cole Cathy Cole 711 Robert Street Mechanicsburg, P A 17055-3448 RE: Account No.: Property Address: 05-1737 194 Holidav Avenue. Mechanicsburg. PA 17055 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, ~/,-------- \....j / James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 695144.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IOENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704.5815 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. DS' - 1.-3 90t C;c>~L ~~ COMPLAINT The plaintiff, Tammac Corporation ("Tarnmac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants Anthony Cole, Cathy Cole (jointly, the "Coles"), York Excavating Company, Inc.("York") arid Lowes Home Centers, Inc.("Lowes"), 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. 695145.1 2. The Coles are both adult individuals having a last Imown address of711 Robert Street, Mechanicsburg, P A 17055-3448. 3. York is a Pennsylvania corporation having a regist1ered office located at Route 124, R.D.#3, P.O. Box 77-B, York, PA 17402 or 3096 E. Prospect Road, York, PA. 4. Lowe's is a North Carolina corporation with its principal place of business atlOOO Lowe's Boulevard, Mooresville, N.C., and a registered Pennsylvania address c/o CT Corporation System, 1515 Market Street, Suite 1210, Philadelphia, PA 19102. 5. On or about February 2, 1998, the Coles were the owners of a 1981 Victorian manufactured home bearing VIN IV7014CKD27138 (the "Collate:ral"). 6. On or about February 2, 1998, Tammac made a loan to the Coles in the amount of $21,323.50, as evidenced by a note (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 7. In order to induce Tammac to make the aforesaid loan, the Coles granted Tammac a security interest in the Collateral, as further evidenced by the Commonwealth of Pennsylvania Department of Transportation Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 8. The Note was assigned to Vanderbilt Mortgage andl Finance, Inc., and was then further assigned back to Tammac. 9. The Coles defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 10. The Coles are due for their October 2, 2004 payment. 695145.1 2 11. Tammac believes and therefore avers that the Twigg Mobile Home Park in which the Collateral was located was sold to Lowe's and was bulldozed over by York in preparation for a new Lowe's store. 12. Tammac believes and therefore avers that the Collateral no longer exists, as it was demolished when it was bulldozed over by York. 13. The Coles, Lowes and York have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note. 14. The balance of the Note as of April 19, 2005 was $19,139.63, consisting of principal in the amount of$17,323.37, and accrued interest in the amount of$I,816.26, exclusive of attorneys' fees and costs. WHEREFORE, Tarnmac demands judgment in favor of Tammac and against the defendants, the Coles, York and Lowe's for damages in the amount of$19,139,63, plus interest from April 19, 2005 and reasonable attorneys' fees and costs. Respectfully submitt,~d, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile HOURIGAN, KLUGER & QUINN, P.C. B; / 7L James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation Dated: December 1'1 ,2005 695145.1 3 VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac 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 infonnation and belief. I understand that this verification is made subject to the penalties of 18 Pa. e.S. ~4904 relating to unsworn falsification to authorities. ~fl&r~_ Am da Heiges \ ~js.\0t0 695148.] i i ~ EXHIBIT --LL- DlREC lTALLMENT LOAN TRUTH.IN-LENDIING DlSCLOSU"~ Manufactured Home {fixed Ra'f,f!l " 212198 NOTICE:! Jlfchecked,seesepara1e Itemization of Amount Financed (]S HUD IA lender:TilluraC orDorat Dn ate: " ~~~~E'~AGE FINANCE Amount Financed Total of Payments Itemization of Amount Financed CHARGE The amount of credit The amount the Borrower will Amount Financed RATE The dollar amount the credit provided to the Borrower or have paid after Borrower has $ 21,323.50 The cost of the will cost the Borrower. on the Borrower's behall. made all pavments as scheduled. (llAmountgivendirectlytoBarrower Borrower'screditasa $ MIA yearly rate. 16.001),G $ 35,048.90 $ 21,323.5D $ 56,372.40 (2) Amollnt paid on BOHower's account -- $ 19,980.00 The Borrower's Pavment Scherlule wil1 be: emeansanestlmale (3)Amountretainedbv Lender for NumberofPavmeots Amouotof Pavmeots Wheo Pavments Are Due Closing Costs 180 $ 313.18 Monthly, beginning 3/2 198 $ 60,00 (4) Amount paid to others on Borrower's behalf MIA (a)to public officials $ MIA (bl to Credit Insuranco Company' Security: Lender is gotting a security interest in deposits cr Late Charge: I I Not A~plicabte. I X ] If a payment is not made S MIA propeny held by Lender, and: within 15 days of its due date, Borrower may be charged the lc)to Propeny Insurance Company I INane. I I Manufactured Home being purchased. GREATER 0' , 20.00 or 10.00 % of the $ 1,221.00 I IRealEstate. I I total amount of the payment whIch was not paid in full. ld)to Tammac Corp Prepayment If Borrower Ilays off eariy, Borrower will not have to $ MIA pay a penalty. leJto Tammac Crdt Required Deposit Balanl~e: [X ] Not Applicable. l I The In addition, collateral lotherthanBorrower's principal residence ) Annual Percentage Rate dlles not take into account your required $ 35.00 securing other obligations to Lender may also secure this Note. depositbatance. (f) to TitlelRag SecuritylnterestChlrges: Assumption: If this loan is secured by a dwelling, someone S 22.50 [X lFilingFees $ 5.00 purchasing that dwelling cal~not assume the remainder of the loan on (g) to VSI I INane the original terms. See your contract documents for any additional information about nonpayment, default, an'l required repayment in full before the $ MIA scheduled date and prepaymont refunds andpenalti1!S. (h) to Sales Tax $ MIA PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against lass uf ur damage tu the manufactured I ~I to F i 1 i ng Fees home and against liability arising out of use or ownership uf the manufactured hume. If you ohtain propeny Insurance thruugh us, the 5.00 rremium costs for the Insurance terms indicated below are included in the item called To Pro~ertY Insurance Comflan& of the 1$ TEMIZATION OF AMOUNT FINANCED section of this Installment loan. In the section called 'l'OU PROMISES ABOUT NS RANCE Prepaid Finance Charge on the reverse side of this Contract, you are promising to insllre t he manufactured home and keep it insured. MIA C X ManufacturedHome' ,221.00 -PhysicaIOamauelns. !... Cumprehensiveon $ INeL. Manufactured Home Telm~Mos. Other roescribel Term~Mns. Other lliiscribel TDTAlCHARGES $1 ,221.00 !...FireandTheft IMCL. Term~Mos_ MIA Term~Mos . Lender may receive a portion of thisamollnt $. MIA Term~Mas. CREDIT INSURANCE IS NOT REOUlRED: Credit life Insurance is not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost. Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. By signing, you select Single Credit life Insurance, which costs $ N/A What is your age? Years Signature of Buyer to be insured for Single Credit Life Insurance Insurer: DIRECT INSTALLMENT LOAN NOTE DEFINITIONS: In this Note, the ward "Borrower" means each and all of those who sign below and each and all of those who endorse the check which disburs es the proceeds of this loan, The word 'lender" means Tammac Corporation or any person to whom this Note has been transferred. BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender $ 21 , 323 . 50 , with interest on the unpaid balance from the date funds are advanced until paid In full. Interest shall be paid at the rate per annum 0116.0000 %. Borrower promises to make payments in accordance with the payment schedule stated in this Note. Borrower promises to pay to Lender all ather amounts which may become due under the terms of this Note, including, if applicable, Late Charges and Costs of Collection. Borrower agrees to make payments at the p!ace designated by Lend er. PAYMENT SCHEDULE: Borrower agrees to pay to Lender the amounts due under this Note in uninterrupted monthly payments: 180 payments of $ 313. 18 and a final payment, which will be billed by Lender, of all remaining unpaid amounts. Payments will be due on the same day of each month starting on 3/2/98 Payments will continue until all amounts due are paid. The date that the final payment is scheduled in this paragraph to be due is called the "'Maturity Date" of this Note. LATE CHARGE: [ I Not Applicable. [ XI Borrower agrees that Lender may assess a late charge for antpalment not paid in full within 15 days of its due date. The late charge will bethe GREATER of$ 20.00 or10.00 %ofthetotalamountofthe payment which was not paid in full. No late charge will be due, however, it the reason that the payment is late is either: (a) attributable to alate charge as sessed on a prior payment; Of (blbecause, after default by Borrower, the entire outstanding balance on this Note is due. No more than one late charge will be imposed forany single schedul edpayment. By signing, you both select Joint Credit Life Insurance, which costs $ N/A What are your ages? Signatureofbuth Buyers to be insured for Joint Credit Life Inlurance MULTIPLE PARTIES: If there is more than one Borrower, each agrees to be responsible to Lender, individually and together. for payment in full of this loan. Borrowers agree that parment of ali ar part of the proceeds of this Note to any Bonuwerorto a nyoneelseatthe dimction of any Borrower will be the equivalent of payment to each Borrower and for the benefit of all Borrowers. 212198 Burrower Oate 212198 Borrower Date CO-MAKERS..SEE NOTICE TO CO.SIGNER ON THE REVERSE SIDE: Any Borrower who is designated as a Co-Maker agrees to be equally responsible with all other Borrowers for the payment 01 this loa~ and performance of all promises in this Note. Co.Maker Date Co-Maker Date f'-\ NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION COpy OF ORIGINAL C'I,j!lil;f,"JLG,\'SUMfHSfJlVICE,I,",L "AS42A llliin?! TA,!-'t' _183 - DELAY IN ENFORCEMENT: lender can delay enforcing any rights under this Note without losing any rights. lender's failure to enforce any right under this Note shall not act as a waiver of that right or preclude the exercisll llf that right in thee vent of a future occurrence of the same event. Lender can also extend the time allowed for making payments, ADDITIONAL PROVISIONS COMPUTING INTEREST: Interest is charged on a daily basis, according to the outstanding and slIch extension shall not affect the obligations of any Borrower. whether or net that halancesubject to interest on each day of tl1e loan term. The daily interest rate is equal to BlllTower is lIiven notice of the extension. the annual interest rate in effect on that day divided by the number of days in that calendar RIEL EASE Of SOME BORROWERS OR SOME SECURITY: If there is more than one year. Borrower agrees that because interest is calculated on a daily basis, late payments Borrower, each agrees to remain bound by this Note, although lender may release any will result in additional interest (and, if applicable, a late charge); early payments will result other Borrower or release or substitute any property which is security for the repayment of in less interest being charged. this Note. Borrower waives all defenses based on suretyship and impairment of collateral APPLICATION Of PAYMENTS: lender will apply payments to satisfy interest, late or security. charges, fees and principal in tha order as detennined at the option of the Lender. All regular SIECURITY INTEREST CHARGES: Borrower agrees to pay any recording, filing, payments will be applied to the satisfaction of scheduled payments in the order in which scltisfaction and encumbrance fees which may be charged. The charges are to repay they become due. It!nder for the fees paid to public officialsta protect, continue, or release any security WAIVER BY LENDER: If Borrower has made or makes in the future another loan agreement interest given in the Security Agreement or Mortgage. with lender, lender might obtain a security interest in the principal dwelling of Borrower or PllOPERTY INSURANCE: If property insurance and/or flood insurance is required under someone else to secure that other loan agreement. That Security Agreement may provide this Note, a Mortgage, or a Security Agreement, Borrower may obtain property andlor flood that the principal dwelling secures not only that other loan agre ementbutalsoallotherloan in:;urance from anyone that is acceptable to lender. If flood insurance is required, agreements of Borrower with lender. lender waives (gives up) any right to claim a security Borrower has been separately notified. interest in the principal dwelling of any person to secure this Note unless the security PllEPAYMENT: Borrower may prepay, in full or in part, the amount owed on this Note at interest is specifically given to secure this Note. any time without penalty. If Borrower prepays the loan in part, Borrower agrees to INTEREST AFTER MATURITY; Unless prohibited by applicable law, interest at the rate ~~:ilinue to make regularly scheduled payments until all amounts due under this Note are provided in this Note shall continue to accrue on the unpaid balance until paid in full, even BORROWER MAKES THE FOllOWING ADDITIONAL PROMISES TO lENDER; la) to after (whether by acceleration orotherwisel maturity andlor if ju dgment is entered against Borrower for the amounts due. If at any time interest as provided for in this paragraph is not P.'Y all taxes due on the Manufactured Home: (b) to allow lender the right to inspect the permitted by law, interest shall, in that event and .t that time, ac~rue at the highest rate Manufactured Home at any reasonable time, and to maintain the Manufactured Home in allowed by applicable law. g~'od condition and repair, reasonable wear and tear excepted; (c) to keep the Manufactured Home fully insured against loss or damage, as provided in the Security DEFAULT; IAs used in this paragraph, the term "Borrower" includes Borrowers, Co.Makers, Allreement andlor Mortgage; (dl to pay all filing fees necessary for lender to obtain and Guarantors, sureties, and any OWner of property which is security for this Note.] Borrower m,~intain its security interest. If Borrower fails to honor the promises to maintain insurance wHlbe in default: in effect, or to pay filing fees, taxes or the costs necassary to keep the Manufactured (al if Borrower does not make any payment before or on the date it is due; or Hllme in good condition and repair, lender may, if lender alone chooses, advance any (bl if Borrower fails to keep any promise made in this Note or defaults in any other note, s~ms Borrower promised to pay and obtain insurance. If Borrower fails to maintain the loan or agreement with lender; or required insurance and provide lender with evidence of that insu rance, lender may obtain (cl if anyone who signs the Security Agreement or a Mortgage securing this Note breaks in:;urance to cover loss or damage to the Manufactured Home. Such insurance will be any promise made in the Security Agreement or Mortgage; including but not limited to limited 10 an amount not greater than what BorroMr owes on this Note. Any amount the promise not to sell, give away or transfer title to the property which is the subject lender advances on Borrower's behalf will be added to the balance on which lender of the Mortgage or security interest; or imposes Finance Charges at the Annual Percentage Rate of this Note ,if permitted bylaw, ld) if any property in which lender has obtained a security interest to secure this Note is and will be repayable, as lender alone may specify: li) immediately on demand; or iji) along lost, stolen (and not recovered within a reasonable time) or destroyed; or with the monthly payments, If lender chooses to allow Borrower to repay the amounts (e) if Borrower has made any untrue statement or misrepresentation in the credit advanced in installments, and if permitted by law, Borrower agrees that lender will application or any other certificate or document given or made for this loan; or iOl:rease the amounts of the monthly payments in an amount sufficient to repay the (f) upon the death of Borrower or anyone of them, if there is more than one; or amount lender advanced at the Annual Percentage Rate of this Note, in substantially (g) if Borrower provides lender with false information or forged signatures at any time; or equal payments from the date of the payment change over a term which lender will (hl if a court with proper jurisdiction to do so finds that Borrower, or anyone of them, is choose but which will not be longer than the remaining term of this Note. lender's incapacitated. payments on Borrower's behalf will not cure Borrower's failure to perform Borrower's If Borrower is in default. the entire outstanding balance on this Note shall be immediately prllmises in this Note. Borrower's promises made and lender's rights set forth in this due, at the option of the lender. This will happen without any prior notice to Borrower, or section shall not merge with any judgment entered in any legal action and shall apply until right to cure, except as may be required by law. all amounts owed are paid in full. Borrower will also be in defauh: U:NOER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives m if Borrower becomes insolvent and/or cannot pay Borrower's debts as they become lender the right to sign Borrower's name on any check or draft from an insurance due; or company. This is limited to a check or draft in payment of returned premiums or benefits lj) ifany other creditor tries by legal process to take any money or pro perty of Borrower in under credit life insurance or credit disability insurance, ins urance covering property which the lender's possession; or is security for this loan or flood insurance. This means that Borrower appoints lender as (k) if Borrower files a bankruptcy petition or if anyone files an involuntary bankruptcy attorney.in.fact for Borrower with the full pawer to endorse checks or drafts. against Borrower; or COSTS OF COllECTION: If Borrower is in default under this Note and lender files suit, or (I) if Borrower makes an assignment for the benefit of creditors, or any insolvency, takes other action to collect this loan or protect the Manufactured Home, Borrower agrees reorganization, arrangement, debt adjustment, receivership, trusteeship,liquidation or other legal or equitable proceedings are instituted by or against Barrower;or topay costs of suit and,ifpermitted by law, reasonable auorneys' f eesandexpenses. (m) if any judgment, tax lien, municipal charge or tax levy is filed or writ of execution is SI:CURITY INTEREST IN DEPOSITS; The lender may set.off any amounts due and issued against Borrower. unpaid under Ihis loan against any of Borrower's money on deposit with lender. This If any event described in (i),ij), (k), (I), or (ml happens, the entire outstanding balance on this im:ludes any money which is now or may in the future be deposited with lender by Note shall be immediately due without any prior notice to Borrower, or right to cure, except Borrower or with any co.depositor. including Borrower's spouse. This also includes a"y as may be required by law. property, credits, securities, or money of the Borrower, which may at any time be delivered to or in the possession of the lender. This may be done without any prior notice to A default by Borrower on this Note is a default on every other note, loan or agreement of Borrower. Borrower with lender. A~iSIGNMENT: Borrower may not assign or ntherwise transfer Borrower's rights under GENERAL WAIVER PROVISIONS: Borrower waives presentment for payment, demand, this Note to anyone else. lender may sell, ttansfer, or assign this Note, and any Security protest, notice of protest, dishonor and all other notices or demands in connection with the Agreement and/or Mortgage given 10 secure this Note, and Borrower's rights and delivery, acceptance, performance, default or enforcement of this Note. Borrower turther obligations under this Note will continue unChanged. waives any right to require due diligence in collection by lender. H[IRS AND PERSONAL REPRESENTATIVES BOUN~: The provisions of this Note shall be binding upon the Borrower, and the heirs and personal represent atives of the Borrower. GOVERNING LAW PROVISION: This Note and its validity, ~onstruction and enforceability shll be governed by the laws of Pennsylvania, except to the extent t hal such laws have been preempted or superseded by federal law. NOTICE OF PROPOSED CREDIT INSURANCE The Signer(s) of this Note hereby lake(s) notice that Group Credit Life Insurance coverage and/or Group Credit Accident and Health Insurance coverage WII! be applicable to this Note if so marked on the front SIde of thIS Note, and eacb such type of coveralc will be written by the insurance company ~n,!ed. Tfus lflsurance, subject ~o .acceplance by the insurer, covers only the person signing the request or su.ch lflsurance. The amount of charge IS mdlcated for each type of credit msurance to be purchased. The term of the lflsurance WII! commence as of the date the indebtedness is incurred and WIll expire on the anginal maturity date of the indebtedness_ Subject to accej:!tance hy lhe Insurer and within 30 days, there will be delivcred to the Insured dehtor a certificate of insurance more fully describing Ihe insurance. In the event of prepaymelll of the 1lldebtedness, a refund of insurance charged WIll he made when due. FORM NPG-52 NOTICE TO CO.SIGNER You are being asked to guarantee this debt. Think carefully before you do, If the Borrower do{'sn't par thc debt, you will have 10. Be sure you can arrord to pay if you have to, and that you want to accept this responsibility. i You may have to pay up to the full amount of the debt if the Borrower does not pay, You may also have to pay laic fees or I collection costs, which increase this amount. I The Lcnder can collect this debt from you without first trying to collect from the Borrower. The Lender can use the same collection methods againsl you that can bc used against the Borrower, sllch as suing you, elc. If this debt is ever in default, that fact may become a part of your credit record. NOTICE .- ANY HOLDER OF TillS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. PAS42A-1161911 COpy SECURITY AGREI~MENT D'te' 0>/01/91 DEFINITIONS: In this Security Agreement, the word "Lender" means Tamm,!IIC Corporation, 1140 F10l1TE 315, WilKES-BARRE, PA 18711 which is the secured party. The word "Borrower" means ANTHONY l COLE CATHY L COLE If there is more than one, the word Borrower means each of the Borrowers, and any Borrower, together with one or mOTe other Borrower and/or with one or more oll1ers, jO'lnlly and collectively The word "Owner" means each and all of those who sign this Security Agr€:ement Below. The Owner is the persOn, or each and all of those if more than one, to whom the Collateral belongs_ The word "Collateral" means all of the property listed below The Collateral is the property in which the Owner is giving the Lender a security interest Whenever used, the singular number shall include the plural, the plura.l shall include the singular: the use 01 any gender shall include all genders; the word 'person' shall Include corporations, partnerships, and all other legal entities; and the words Owner, Lender, and Borrower shall include their respective helr$, personal representatives, successors and assigns. SECURiTY INTEREST: Owner gives to Lender a security interest in the Collateral described below, to seClJre the payment and/or performance 01 the obligalions listed below in the ~Debts Secured" section DEBTS SECURED: 1f1is Security Agreement secures the payment to Lender of Borrower's loan in the principal amount of $ 21,323,50 plus interest, if the Note provides for payment of principal plus interest (if not, this Security Agreement secures the paYlJlent to Lender of the Borrower's loan in the total amount previously stated), according to the promises made In Borrower's "Note' dated "':>/:2/9'( , and the performance of all promises of Borrower made in or in connection with that Note. This Security Agreement also secures payment of: (a) any other debts of Borrower which are owed or assigned 10 Lender now or in the future; (b) any other debts of Owner which are owed or assigned to Lender now or in the future: (c) all of Lender's costs and expenses, including attorney's fees, incurred in the collection of any debt secured hereby, in any action to protect or enforce Lender's righls under this Security Agreement, or in bankruptcy proceedings of or against Borrower or Owner; (d) all amounls which Owner agrees in this Security Agl'eement to pay to lender; and (e) any refinancing, substitution, extension and/or renewal of any of the above, Regardless of any other provisions of this security Agreement, any household goods, as defined in Federal Reserve Board Regulation AA (12 C.F.R.227.12), in which Lender is getting a security interest, do nol secure debts which Borrower or Owner owes 10 Lender, either now or in the future, other than that debt e'/idenced by the Note, unless such debts are extensions, refinancings or consolidations of the Note. OWNER: The Owner(s) of the Collateral is (are): ANTHONY L COLE CATHY L COLE Whose residence address(es) is (are): 194 HOLIDAY AVENUE. . MECHANICS BURG . PA 17055 COLLATERAl: Owner gives to Lender a security interest In: 1981 VICTORU.N 14X1D IV7014CKD27138 A Mobile Home, which will be kept at the address listed below, Including all accessories, equipment, parts and attachments, identified as follows: 194 HOLIDAY AVENUE NECHANICSBURG, PA 17055 Tt<e OWl\er agroos and represents that the Collateral is and/or w"1 be used tOT the 10110wing purpose and w"ill not be used for any other purpose without prior written notice to lender: Personal, family or household purposes The Collateral [ liS [ X 1 is not now permanently attached to a building OT other Teal eslate The Collatera\ [ ) will I X 1 will not be permanently attached to a building or other real estate Owner gives lender a security interest in the proceeds of any Collateral, Including any insurance payable by reason of loss or damage to the Collateral. Owner assigns, pledges and gives to lender a security interest in any unearned insurance policies in connection with the Collateral and/or the indebtedness. ADDITIONS TO COLLATERAl: Owner also gives to lender a security interest in any additions, replacements or substitutions which may be made to the Collateral. This includes any equipment, parts or accessories "'Ihieh may be added to the Collateral in the future USE OF COLLATERAl: While any part of the money owed to Lender remains unpaid, Owner promises'. (a) to use the Collateral carefUlly and keep it in good repair; (b) to obtain lender's written permission before making any major alterations; (c) to tell Lender in writing before changing Owner's address or the address where the Collateral is kept; (d) to help Lender protect the rights and securItY interest given by this Agreement; (e) not to use the Collateral for any unlawful purposes; (f) il Owner has Indicated that the Collateral is not and will not be permanently attached to a building or other real estate, it is <lgreed that the Collateral will remain persof\CIl property; (g) to keep the Collateral free of liens, adverse claims, and encumbrances other than the security inlel"8st of Lender; (h) to make the Collateral available to Lender for inspection on request; and (i) to notify the Lender immediateiy if the Collateral is lost, damaged, stolen or destroyed. or i1 the Col\ater<l1 is attached, levied, seized, or becomes the subject of an adverse claim. OWNERSHIP OF COLLATERAL: Owner promises that Owner owns all of the Col\aterallisted above Owner promises that no one else has any interest In the Collateral or a claim against it Owner agrees that the Collateral will not be sold. leased. or given to anyone else as collateral until the money owed to Lender has been repaid in full ADDITIONAL PROVISIONS ON THE REVERSE SIDE lIRE PART OF THIS SECURITY AGREEMENT. COpy RECEiVED: The Owner acknowledges receipt of a completely filled-in copy ot this Security Agreement Owner: Date Date ,) -.;) - 9P C2 .,;,.y5 Owner: Owner: Date Owner: Date NOTICE; SEE REVEFl.SE SIDE FOR IMPOR1"M<IT INFORMATION ORiGIN,A,L ~rqTYF TAM-lI2183' ADDITIONAIL PROVISIONS TAXES AND INSURANCE: While any part of the money owed to lender remains unpaid, Owner promises: (a) to pay all taxes due on the Collateral; Lender has the option to pay the taxes. On demand, Owner premises promptly to repay 10 Lender any amounts paid by lender for taxes; (b) to keep the Collateral fully insured againslloss or damage. Owner promises to make this insurance policy payable to Lender in an amount equal to the value of the Collateral or the unpaid balance of Borrower's loan, whichever is less. Owner agrees 10 deliver proof of insurance to Lender, if requested. Owner agrees to obtain insurance from a company acceptable to Lender. If Owner does not keep the Collateral insured, lender has the option of purchasing insurance. On demand, Owner promises promptly to repay to Lender the cost of insurance purchased by Lender; in addition, at Lender's option, lender may require Borrower to repay the cost of insurance purchased by Lender either on demand or by increasing the amount of the installment payments which are due on the Note secured by this Security Agreement (c) Owner gives Lender the right to sign Owner's name on any check or draft from an insurance company and to apply the money to any debt secured by this Security Agreement This is limited to checks and drafts in payment 01 a claim under an insurance policy for loss or damage to the Collateral or for returned or rebated premiums on policies insuring the Collateral DEFAULT: If Owner is in default under this Agreement, Lender May enforce Its security interest in the Collateral as provided by law and in this Agreement This may be done without giving any advance notice or making any demand, unless provided by applicable law. Owner will be in default if: (a) Borrower breaks any promise made in its Note to LE:nder; (b) Owner breaks any promise made in this Security Agreement; (c) Borrower or Owner breaks any other promise made to Lender in connection with any debt which is secured by this Security Agreement; (d) Owner or Borrower is In default under any other Note, Mort[lage, or Agreement with Lender; (e) the Collateral is losl, destroyed beyond repair, or stolen (and not recovered within a reasonable time); (f) Owner dies; (g) any other creditor tries to take the Collateral by legal process; (h) the Owner files bankruptcy or if anyone files an involuntary bankruptcy against in the Owner; (i) any tax lien or levy is filed or made against the Owner or the Collateral; (j) Owner has made any false statement in this Agreement; (k) the Collateral is seized by federal, state, or local government which alleges that the Collateral was used for unlawful purposes. ENFORCING THE SECURITY INTEREST: If the Owner is in default, Lender may, without notice or demand, unless required by law, enforce Its security interest in the Collateral as follows: (a) Lender may take possession of the Collateral. This may be done without any advance nofice to Owner, unless required by law. Lender may enter any property or building where the Collateral is located, if this is done peaceably. Lender is not responsible for any property not covered by this Agreement that is left inside the Collateral or attached to it; (b) Owner agrees to deliver the Collateral to Lender at a time and place chosen by Lender; (c) Lender may enforce its security interest by any and all remedies permitted and/or authorized by law. DELAY IN ENFORCEMENT: Lender can delay enforcing any rights under tllis Security Agreement without losing them Lender's failure to enforce any rights under this Security Agreement shall not act as a waiver of those rights or preciude the exercise of those rights in the event of a future occurrence of the same event. CHANGE OF TERMS: If the terms of any Nole or debt secured by the Coliateral are changed, the security interest given by this Agreement will continue to protect Lender. RELEASE OF SOME OWNERS OR SOME SECURITY: If there is more than one Owner, each agrees to be bound by this Security Agreement, although Lender may release any other Owner or release or substitute any Collateral. If any extension is allowed Borrower by Lender, it shall not affect any provisions of this Security Agreement, whether or not Owner is given notice of the extension, FINANCING STATEMENTS AND SECURITY AGREEMENTS: Owner agrees to sign such financing statements, security agreements or other documents as Lender believes necessary to permit Lender to get and keep a perfected security interest in the Collateral. Owner gives to Lender the power to sign Owner's name on financing statements. A copy or reproduction of a financing statement or this Security Agreement may be filed as a financing statement. If the Collateral is now or will be permanently attached to real estate, the filing will be in the real estate records. If the Collateral Includes a motor vehicle or mobile home, Owner promises to deliver to Lender the certificate of title for the Collateral within 30 days from the dale of this Agreement. The seculity interest in favor of Lender in the amount of Borrower's loan secured will be noted on the certificate of title when it is delivered. ORIGINAL C,'~rllm SECURITY AGRI:EMENT Date, ,,'/7ln DEFINITIONS: In this SecurIty Agreement, the word 'Lender' means Tammac Corporation, 1140 ROUTE 315, WILKES-BARRE, PA 18711 which is the secured party. The wo<d 'Booow"," means ANTHONY L COLE CATHY L COLE If there Is more than one, the word Borrower means each of the Borrowers, and any Borrower, together with one or more other Borrower and/or with one or more others, jointly and collectively. The word 'OWMr" means each and all of those who sign this Security Agreement Below, The Owner is the person, or eacI'I and all of those it more than one, \0 whom the Collateral belongs. The word 'Collateral" m'Olans all of the property listed below. The Collateral is the property in which the Owner is giving the Lender a security interest Whenever used, the singular number shalt include the plural, the plural shall include the singular: the use of any gender shall include all genders; the word "person" shall include corpOrations, partnerships, and all other legal entities; and the words Owner, Lender, and Borrower shall include their respective heirs, personal representatives, successors and assigns SECURITY INTEREST: Owner gives to Lender a security interest in the Collateral described below, to secure the payment and/or performance of the obligations listed below in the "Debts Socured" section DEBTS SECURED: This Security Agreement secures the payment to Lender of Borrower's loan in the princip.al amount 01 $ 21,323,50 plus imerest, if the Nole provides for payment of principal plUS interest (if 110t, this Security Agreement secures the payment to Lender of the Borrower's loan in the total amount previously stated), according to fhe pn)mises made in Borrower's "Nole" dated .;/ ~J9r ' and the petfonnance of all promises of Borrower made in or in connection with that Note. This Security Agreement also secures payment 01: (a) any other debts of Borrower which are owed or assigned 10 Lender now or in the future; (b) any other debts of Owner which are owed or assigned to Lender now or in the future: (c) aU of Lender's costs and expEinses, illCludlng attorney's fees, incurred in the collection of any debt secured hereby, in any action to protect Of enforce Lender's rights under this Security Agreement, or in banKruptcy proceedings of or against BOlTOWer or Owner; (d) all amounts which Owner agrees in this Security AI~reement to pay to Lender; and (e) any refinancing, sUbsliMion, extension andlor renewal of any of the above. Regardless of any other pn)visions of this Security Agreement, any household goods, as defined in Federal Reserve Board Regulation AA (12 C.F.R.227.12), in which Lender is getting a security interest, do l'Iot secure debts which Borrower or Owner owes 10 Lender, either now or in the future, other than that debt Ewidenced by the Note, unless such debts are extensions, refinancings or consolidations of the Note. OWNER: The Owner(s) of the Collateral is (are): ANTHONY L COLE CATHY L COLE Whose resIdence address(es) Is (are): 194 HOLIDAY AVENUE, ,MECHANICSBURG, fA 17055 COllATERAL: Owner gives to Lender a security interest in: 1981 VU;TORIAN 14X70 IV7014CKD27138 A Mobile Home, which will be kept at the address listed below, including an accessories, equipment, parts and attachments, identified as follows: 194 HOLIOAY AVENUE MECHANICSBURG, PA 11055 The Owner agrees and represents that the Collateral is and/or will be used for the following purpose and will not be used jor any other purpose wilhout prior written notice to lender: Personal, family or household purposes The Collateral [ I is [ X l is not now permanently attached to a building or other reat estate The Collatera\ 1. ] will \ X ) will not be permanenlly allached to a building or other rea) estate Owner gives Ler\der a security interes\ in the proceeds ot any Collateral, including any insurance payable by reason 01 loss or damage to the Collateral. Owner assigns, pledges and gives to Lender a security interest in any unearned insurance policies in connection with the Collateral andlor the indebtedness ADDITIONS TO COUATERAL: Owner also gives 10 Lender a security interElstln any additions, replacements or substitutions which may be made 10 the Collateral This includes any equipment, parts or accessories which may be added to the Collateral in the lutUfe USE OF COLLATERAL: While 8ny part 01 the money owed to Lender remains unpaid, Owner promises: (alto use the Collateral carefully and Keep it in good repair; (b) to obtain Lender's written permission before making any major alterations; (c) to tell Lender in writing before changing Owner's address or the address where the Collateral is Kept; (d) to help Lender protect the rights and security Interest given by this Agreement; (e) not to use the Colli;lteral for any unlawful purposes; (I) il Owner has indicated that the Collateral is not and will not be pefmanentiy attached to a building or other real estate, it is agreed that the Collateral will remain personal property: (gJ to keep the Collateri;ll free of liens, adverse claims, and encumbrances other than the security interest of Lender; (h) to make the Collateral available to Lender for inspection on request; and (i) 10 notify Ihe Lender immediately if the Collaleral is losl, damaged, stolen or destroyed, or il the Co\latefal is alt<J.ched, levied, seized, or becomes the subject 01 an adverse c1airn. OWNERSHIP OF COLLATERAL: Owner promises that Owner owns all of tho Collateral listed above. Owner promises that 1'\0 one else has any inlerest in the Collateral or a claim agaInst it. Owner agrees that the Collateral will not be sold, leased, or given to anyone else as collateral until the money owed to Lender has been repaid in full. ADDmONAL PROVISIONS ON THE REVERSE SIDE j~RE PART OF THIS SECURITY AGREEMENT COpy RECEIVEO' The Owner acknowledges receipt of a completely liIIed-in copy of this Security Agreement Owner: / Date ,) -'J.9p <2.,.J,9J Owner: Date Owner: Date Owner: Date NOTICE: SEE REVERSE SlOE FOR tMPORTANT INFORMATION ORIGINAl 'TRTYf TAM-J2183 ADDITIONAL PROVISIONS TAXES AND INSURANCE While any part 01 the money owed to lender remains unpaid, Owner promises: (a) to pay all taxes due on tM Collateral; Lender has U\El optlon to pay It\e taxes. On demand, owner promises promptly to repay to Lender any amounts paid by Lender for taxes: (b) to keep the Collateral fully Insured against loss Of' damage. Owner promis6S to make this insurance policy payable to lender In an amount equal to the value of the Collateral or the unpaid balance of BOlTOWer's loan, whichever is less. Owner agrees to delil/er proof ot insurance to Lender, If requested. Owl16\' agrees to obtain Insurance from a company acceptable 10 Lender. If Owner does not keep the Collateral Insured, Lender has the oplioo of purchasing insurance. On d.~mand, Owner promises promptly to repay to lender the cost of insurance purchased by lender; In addltion, at lender's option, Lender ma.y require Borrower to repay the cost of insurance purchased by Lender either on demand <)f by increasing the amount at the installment pfJyments which are due on the Note secured by this Security Agreement. (e) Owner gives Lender the right 10 sign Owner's name on any check or draft from an insurance company and 10 apply the money to any debt secured by this Security Agreement. This is limited tIJ checks and drafts In payment of a claim under an insurance policy tor loss or damage to the Cc"ateral or lor returned or rebated premiums on policies Insuring the Collateral DEFAULT: If Owner is in default under this Agreement, Lender May enforce its security interest in the COllateral as provided by law and in trns Agreement This may be clone without giving any advance notlce or making any demand, unless provided by applicable law. Owner will be in default if: (a) Borrower breaks any promise made in its Note to Lender; (b) Owner breaks any promise made in this Security Agreement: (c) Borrower or Owner breaks any other promise made to Lender in connection with any debt which is secured by tnis Security Agreement; (d) Owner or Borrower is in default under any other Note, Me,rtgage, or Agreement with Lender; (e) the Collateral is lost, destroyed beyond repair, or stolen (and not recovered within a reasonabl'9 time): (f) Owner dies: (g) any other creditor tries to take the Collateral by legal process; (h) the OWner files bankruptcy or if anyone files an involuntary bankruptcy against in the Owner; {i) any tax I\en or levy is IIled or made against the Owner or the Collateral; U) Owner has made any false statement in this Agreement: (k) the Collateral is seized by federal, state, or local government which alleges that the Collateral was used for unlawful purposes ENFORCING THE SECUAITI INTEREST: lithe Owner is in default, Lendl~r may, without notice or demand, unless required by law, enforce its security interest in the Collateral as follows: (a) Lender may lake possession of Ihe Collateral. This may be done without any advance notice to Owner, unless required by law. Lender may enter any property or building where the Collateral Is loCated, if this is done peaceably. Lender is not responsIble for any property not covered by this Agreement that is left inside the Collateral or attached to it; (b) Owner agrees to deliver the Collateral to Lender at a lime and place chos:en by Lender; (c) Lender may enforce its security Interest by any and all remedies permitted and/or authorized by law. DELAY IN ENFORCEMENT: lender can delay enforcing any rights under this Security Agreement withOlltlosing them. Lender's failure to enforce any rights under this security Agreement shell not act as a waiver of those lights or preclude U'1e exercise 01 those rights in the event of a future occurrence of the same event. CHANGE OF TERMS: If the terms of any Note or debt secured by the Collateral are changed, tM secur\\y interest given by this Agreement will continue to protect Lender. RELEASE OF SOME OWNERS OR SOME SECURITY: If there is more than one Owner, each agrees to be bound by this Security Agreement, although Lender may release any other Owner or release or substitute an)' CollateraL If any extension is allowed Borrower by Lender, it shall not affect any proviSions of this Security Agreement, whether or not OWner is given notice of the extension, FINANCING STATEMENTS AND SECURITY AGREEMENTS: Owner agreel; to sign such financing statements, security agreements or other documents as Lender believes necessary to permit Lender to get and keep a perlected security interest in the Collateral. Owner gives 10 Lender the power 10 sign Owner's name on financing statements. A copy or reproduction 01 a l\nancing statement or this Security Agreement may be filed as a financing statement If the Collateral is now or will be permanently attached to real estate, the filing will be in the real estate records. If the Collateral includes a motor vehicle or mobilE! home, Owner promises to deliver to Lender the certificate of title lor the Collateral within 30 days from Ihe date of this Agreement. The SOOJrity interest in la\lOf 01 Lender in the amount 01 Borrower's loan secured will be noted on the certificate of title when it is delivered ORIGINAl ""hT"O i EXHIBIT STAn, '" ! "/3" r V ,....~~~~~~!~'!~~!!.:!~!~'.!-~~!~~. DEPARTMENT OF TRANSPORTATION' CERTIFICATE OF TITLE FOR A VEHICLE 11."1111 9801lIf002800027b-OOJ. 1~. -_...._-._..~_._- -'-~--~-----"'-- =;tilllB]1,~~~~~1 w ~9t'.'1 " -OooM-MILES CIJ1M. SliI'U,; III VICTOR YEAR MAKEOFVEHICLF I PIlIORTOTLESTIIT[ I O"O~~:o~~,~al I UNL~D[NWFIGHI I GV1NR TITLE ClRIINOS VEHICLE IDENTIFICATION NUMBER ", ~'=~c~Jc~J, BOOY TYPE Cl I)UP l SF^T CAP 'i.-__ "/),lj /''11 IlATEOF ISSUE \i,~r: j~ t21<''l/1l], IAI",PATITLEO GCWR :ic'..'/ OOQMETE'1STATUS o ACTUAl MIL['\G( 1 = MIL~AGEEXCEEDSTHEMECHANIC.';L "-/~lif01t__,,,,;;,'.hi'._, 2 = NOTTHE~,Gl'UAL;MJLEAGE 3.NOTTHEt,CTUAl.~GE-ODOMF~EII 4 ~ ~~~~~I~~~~~I~~~~ Dlt;nO,;IJR[ ODOMETER DISCLOSURE EXEMPT BY FEDERAL LAW lECiISTEREDOWNER(S) TillE BRANDS fl,,,ANTIQUE'IEHICLE C ~ CLASSIC VEHICLE [) .,COllEC,ISlEV<:\-I1ClE F .,OUTOFCI)\JNTRY G ~ ORIGINA~.~_Y MFGO, FOR NON--U' DISTRIBU'IION H ~"'Gf'.lCtll-l\$\"'" VErllClE L ~ lOGGI~G '/EHICLE P ~ ISIWASA POllCEVEHiCtE R =RECON:,TilIJCTEO .: ~ : ~~~~~~,~;;-gTHEFTVEHIClf' v ~ VEHICLI,CONTAINSf*1SSUED VIN W:FLOOO'/EHICl,E x: ~ ISNllMi." 1AXI ANTMONY L & CATHY l COlt J.91f HOliDAY AVE MECHANICS8URG PA J.7055 f'IHSTlIENFAVOROF SECOND liEN F/WOR OF TAMMAC CORP FIRST LIEN RELEASED ~ Ifasecofid~{il;\istedupol'\$a\is1actionot~lelirslnen,lhe lienholder must forward this Title to tM Bureau ot Metor VehICles with appropriatetormandfee DATE " AUTHOAIZEOAEPRESENTAT1VE \ SEcONDLlENAELEASED ~""'- ,,,~,,,,,,,"";>J'_~_~~'AA.'_Q_ffli,,,,,,,,~..,,,..;~,",..,,,...,c_""'~':"W"~O~',",0"-..~.,~.,,' /F';" '.'i""" ~"AIUNCAODRESS e, AUTHORiZEDAEPRESENTATIVE 061100J. T"MMAC CORP 275 MUNDY Sf WILKES BARRE' PA 111102 I certify as of th.. datB of issue, the official 'ecords ot the Pennsylvania Dapartmenl l'lilTansportat'lon retlecl Ihat the person(s) oredmpany namad herein is the lawfulowne r 01 Ihe said vehicle BRAOLEY l :~1 -;''' '1"'_ "~:--~ :,'c";, f(f' -I '-\:, ~ ;"J: i i-;.j: I ;-;~ ;/j'1 li~g , ~_i::'~_ ~'l ~[~! '1'1 ~~I ~ p C? If\ \\- \ Crt trt - -:::: \) =l ~ ~ ""\) r =p ~ ~ ...~ , ~ - . ,....' ..--------- HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER. ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570\ 287-3000 TAMMAC CORPORATION, Plaintiff VS, ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLA.INT NO. 05-63H2 TO THE PROTHONOTARY: Kindly reinstate the complaint in the above-captioned action. By: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 Dated: January 3-, 2006 699548_1 RESPECTFULLY SUBMITTED: Hourigan, Kluger & Quinn, P.C. ~s~ JAMES T SHOEMAKER, ESQUIRE J.D. No. 63871 counsel for the plaintiff, Tammac Corporation .~i~ ,- ~" {) C) ,.") C --0( ORIGINAL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW TAM MAC CORPORATION, v. ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC. and LOWE'S HOME CENTERS, INC., NO. 05-6392 Civil Term Defendants PRELIMINARY OBJECTIONS OF DEFENDANT LOWE'S HOME CENTERS, INC. TO PLAINTIFF'S COMPLAINT Defendant, Lowe's Home Centers, Inc. (hereinafter "Lowe's") by and through its counsel, Tucker Arensberg, P.C., hereby files the following Preliminary Objections to Plaintiffs Complaint and, in support thereof, alleges as follows: 1. Plaintiff, Tammac Corporation, commenced the above-captioned lawsuit by filing a Complaint on or about December 15, 2005. The Complaint was served on Lowe's on or about January 13, 2006, through its Registered Agent, C.T. Corporation System in Philadelphia, Pennsylvania. (A copy of the Complaint is attached hereto as Exhibit "A" and incorporated herein by reference). 2. Plaintiff alleges in its Complaint that it made a Loan to Defendants Anthony and Cathy Cole (hereinafter "Coles") in the amount of $21 ,323.50 and took a security interest in the 1981 Victorian manufactured home, bearing VIN IV7014CKD27138 (hereinafter "Collateral"). The Coles signed a Note evidencing that Loan. (See paragraphs 5, 6 and 7 of Plaintiffs Complaint, Exhibit "A.") 3. Plaintiff alleges that the Coles defaulted on the terms of the Note for said Loan and that the Coles have been in default since October 2, 2004. (See paragraphs 9 and 10 of Plaintiffs Complaint, Exhibit "A.") 4. Plaintiff apparently alleges that Lowe's purchased Twigg Mobile Home Park where the Coles' manufactured home was located, the Collateral, and then had another Defendant, York Excavating Company, Inc. destroy the Collateral. (See paragraphs 11 and 12 of Plaintiffs Complaint, Exhibit "A.") FIRST PRELIMINARY OBJECTION - NON-JOINDER OF NECESSARY PARTY 5. Paragraphs 1 through 4 are incorporated herein as reference. 6. Plaintiff has failed to join a necessary party to this action, which is the developer and owner of the property that Lowe's leases for its store in Mechanicsburg, Pennsylvania. 7. It is believed and therefore averred that R. B. Mechanicsburg Associates, L.P. is the developer and owner of the property in question and is Lowe's landlord. 8. The ownership of the property in question is a matter of public record available through reasonable investigation in the Recorder of Deeds Office, Cumberland County Courthouse, Carlisle, Pennsylvania. 9. The allegations of Plaintiff's Complaint clearly allege that it was the owner of the property that destroyed the Collateral in question. 10. As such, the failure to have R. B. Mechanicsburg Associates, L.P. joined as a party in this matter is fatal to Plaintiff's Complaint, as the alleged action was taken by the owner and developer of the property where the Collateral is located. WHEREFORE, Defendant Lowe's respectfully requests this Honorable Court to sustain its Preliminary Objections and dismiss Plaintiff's Complaint. SECOND PRELIMINARY OBJECTION DEMURRER 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. Considering all the allegations set forth in Plaintiff's Complaint, Plaintiff has clearly indicated that Lowe's had no agreement of any kind with the Plaintiff with regard to the debt of the Coles. The Plaintiff's allegations suggest only a contract between the Plaintiff and the Coles. No agreement is pled that would provide a basis for a direct action by the Plaintiff against Lowe's on the Note and Loan in question. 13. Plaintiff has not alleged sufficient facts to establish any right or cause of action against Lowe's even if Lowe's was the entity that obtained possession of the Coles' trailer, the Collateral, and thereafter disposed of that Collateral. 14. The only viable claim Plaintiff has pled in its Complaint would be its action against the Coles for breaching the conditions of the Note. 15. Assuming, arguendo, that there was a viable cause of action against Lowe's, which proposition is strenuously denied, the Plaintiff does not set forth a basis for a claim for the balance of the note against Lowe's. To the contrary, the maximum amount that could be claimed against Lowe's would be the market value of the Collateral at the time of the alleged destruction of the property. That amount is significantly less than the amount pled. Further, Plaintiff has not pled the value of the Collateral. 16. Only the Coles would have a direct action against Defendant Lowe's if the allegations set forth in Plaintiff's Complaint are true and accurate, which again are strictly denied by Lowe's. 17. Plaintiff has not pled perfection of its security interest or notice to Lowe's, actual or constructive, of the security interest in the Collateral. 18. Thus, for the reasons set forth above, Plaintiff's Complaint fails to set forth a cause of action against Defendant Lowe's and as such must be dismissed. WHEREFORE, Defendant Lowe's respectfully requests this Honorable Court to sustain its Preliminary Objections and dismiss the Plaintiff's Complaint. TUCKER ARENSBERG, P.C. ~~~ By: / //~ ~. ennis . Shea r Pa. Bar I.D. No. 39'182 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 ATTORNEYS FOR DEFENDANT, LOWE'S HOME CENTERS, INC. CERTIFICATE OF SERVICE d AND NOW, this ;{3 day of January, 2006, I, Pamela J. Gordon, for the law firm of Tucker Arensberg, P.C., attorneys for Lowe's Home Centers, Inc., hereby certify that I have this day served the foregoing Preliminary Objections, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: James T. Shoemaker, Esquire Hourigan, Kluger & Quinn 600 Third Avenue Kingston, PA 18704-5815 Anthony and Cathy Cole 711 Robert Street Mechanicsburg, PA 17055-3448 York Excavating Company, Inc. 3096 E. Prospect Road Y,rl<, PA 17402-9506 ~;'" ~ "'/.. (~. Pa ela J. Gord~j/ HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRO AVENUE KINGSTON. PA 18704-5815 1570\ 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 6S- -102q~ cl-o~L~02-v-v'l 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 695139.1 . .,' ......,.,."." '\."'i-r~._;t".,t',. ir;,~-:'r-(,,~ l~.-'~ iA"" r""-7 '-J'~' .. -'.. "-,:.1' j ",,-..J ,- :r~\'''', \~!...'., ~ 1 : :~-~. '_".~ I, . :.(,-~j , ' .. .. '''.._ ,,,',,J. ',~. "_ c.-'.~ . .~'. t~ _ , '. ,--";;\'01',' -" .. L., ,.' " " '. ' t H C:1.;1~-~~, f'"i3 fflt-1 .~ '" ~ r:~:~;dl::*~'--' "- t;;r ~ /J !Vw22- . " EHlBlT "A" 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, 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, P A 17013 (717) 249-3166 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, P A 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. B'kP James T. Shoemaker, Esquire J.D. No.: 63871 Counsel for the plaintitf, Tammac Corporation 695139.1 2 HOURIGAN, KLUGER & QUINN A. PROFESSIONAL CORPORATION ALLAN M. KLUGER RICHARD M. GOLDBERG RICHARD S. BISHOP JAMES T. SHOEMAKER MICHAEL J. KOWALSKI RICHARD M. WilLIAMS TERRENCE J. HERRON JENNIFER L. ROGERS' MICHAEL A. lOMBARDO III JOSEPH A. QUINN, JR ARTHUR L. PICCONE JOSEPH E. KLUGER DONALD C. L1GORIO MICHEllE M. QUINN DAVID AIKENS, JR DAVID W. SABA AMANDA V. WRIGHT-KLUGER MICHAEL T. BLAZICK' LAW OFFICES SUITE TWO HUNDRED ~3~ lACKAWANNA AVENUE SCRANTON, PA 18503-2014 (570) 346-e~ I ~ FACSIMilE (570) 961-5072 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 FACSIMILE (570) 287-8005 E-MAIL: hkq@hkqpc.com OF COUNSEL R08ERT C. CORDARO ANDREW HOURIGAN, JR 1948-1918 Ext. 1126 'ALSO MEI.I8ER NJ BAR December 14, 2005 Anthony Cole Cathy Cole 711 Robert Street Mechanicsburg, P A 17055-3448 RE: Account No.: Property Address: 05-1737 194 Holiday Avenue. Mechanicsburg. PA 17055 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 THffiTY (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, J;~~ James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 695144.1 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 1570\287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. COMPLAINT The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P .C., hereby complains against the defendants Anthony Cole, Cathy Cole (jointly, the "Coles"), York Excavating Company, Inc.("York") and Lowes Home Centers, Inc.("Lowes"), as follows: I. 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. 695145.1 2. The Coles are both adult individuals having a last known address of711 Robert Street, Mechanicsburg, P A 17055-3448. 3. York is a Pennsylvania corporation having a registered office located at Route 17 'In - 9 (lib 124, R.D.#3, P.O. Box 77-B, York, PA 17402 or 3096 E. Prospect Road, York, PA. 4. Lowe's is a North Carolina corporation with its principal place of business atlOOO Lowe's Boulevard, Mooresville, N.C., and a registered Pennsylvania address c/o CT Corporation System, 1515 Market Street, Suite 1210, Philadelphia, PA 19102. 5. On or about February 2,1998, the Coles were the owners ofa 1981 Victorian manufactured home bearing VIN IV7014CKD27138 (the "Collateral"). 6. On or about February 2, 1998, Tammac made a loan to the Coles in the amount of $21,323.50, as evidenced by a note (the "Note"). (A true and correct copy ofthe Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 7. In order to induce Tammac to make the aforesaid loan, the Coles granted Tammac a security interest in the Collateral, as further evidenced by the Commonwealth of Pennsylvania Department of Transportation Certificate of Title, (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 8. The Note was assigned to Vanderbilt Mortgage and Finance, Inc., and was then further assigned back to Tammac. 9. The Coles defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 10. The Coles are due for their October 2, 2004 payment. 695145.1 2 II. Tammac believes and therefore avers that the Twigg Mobile Home Park in which the Collateral was located was sold to Lowe's and was bulldozed over by York in preparation for a new Lowe's store. 12. Tammac believes and therefore avers that the Collateral no longer exists, as it was demolished when it was bulldozed over by York. 13. The Coles, Lowes and York have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note. 14. The balance of the Note as of April 19, 2005 was $19,139.63, consisting of principal in the amount of$17,323.37, and accrued interest in the amount of$I,816.26, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in favor of Tammac ,md against the defendants, the Coles, York and Lowe's for damages in the amount of$19,139.63, plus interest from April 19, 2005 and reasonable attorneys' fees and costs. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, P A 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile B* / 1/] James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation Dated: December /'1 ,2005 695145.1 3 VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac 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. 94904 relating to unsworn falsification to authorities. ~ (L&r~ Am da HeIges \ ~io ~ ~(p Q) 695148.1 ~ g '" ~ EXIiIBIT --LL- DlREC lTAllMENT lOAN TRUTR.IN-lENOING OISCLDSU"~ Manufactured Home tFixed Rat,el Dale. 212/!~8 Norrcr:r Jlfchllcked,mslll'.tratl! Itemization of Amount financed [ ISeeHUD.1A Amount Financed Total of Payments Itemization 01 Amount Financed CNNUAL FINANCE ERCENTAGE CHARGE The arnountof credit The amount the Borrower will Amount financed ATE The dollar amount the credit provided to the Borrower ar have paid alter Borrower has $ 21 323.50 The CDSf of the wiD cost the Borrower. on the Borrower's behall. madeallp:IVmenls as scheduled. ltl Amounl given dilettly 10 Borrllwer Borrower'screditasa $ RIA yearly rate. 16.o0GAl $ 35.048.90 $ 21,323.50 $ 56.372.40 12\ Amount paid on Borrower's account $ 19,980.00 The BOllower's Pa men1 S~hedule will be: e means anestimatB (3lAmoulIlflltainedbylenderfot NumberofPaVfTlf!nts Amount of PaYments When Pavments Are Due Closing Costs 180 $ 313.18 Monthly, beginning 3/2/98 $ 50.00 14-) Ammml paid 10 alMrs M BOlrllwer's behalf NIA lal to public officials $ RIA (b}to Credit InsuranclICompany. Security: Lender i$ getling a security interest in deposits or let. Charge: I INotApplicable. I X Ilfapaymentisnotmade $ RIA property held by lender, and: within 15 days of its due date, Borr,~wermay be charged the (c)to Property Insurance Company I I None. I I Manuhctured Home being purchased. GREATER .f' 20.00 or 10. 00 % 01 the $ 1,221.00 I I Real Estate. I I total amount of thll payment which was nllt paid in fuU, ld}tu Tamlllae Gorp Plepaymsnt: J' Burrower pays ull eaily. Borrower will not have to $ RIA pay a penalty. (elto Tammae Crdt RlltJuired Deposit Balanca: I X I Nut AppNcable. I I The In addition. coKateral(other than Borrower's IlrincipalresidenceJ A/lmJaJ P81cenl'll/l Rafe does not lake into account your required $ 35.00 securing other obligatilms tQ Lender may also secure this Note. deposit balance. lIllo TltlelReg Security Int"est Char!l8$; Assumption: I' this lllan is secured by a dwelling, someone $ 22.50 IX IFilingFess$ 5.00 pr1fCltuirtG that dwellirnJ cannot alSumtltll8 rBmainDef 01 the loan M VSI j I None thellriginalterms. (gllo Site your contracf dctumenu 101 any additjollAl jnfomlaljon about nonpayment. default any required repayment in 11111 before Ihe , RIA scheduled date and prepaymentrafunds and penalties. fhlto Sales Tax $ NIA PROPERTY INSURANCE: YOII may choou the person (Ilrough whom msuranCll it obtained 3\Jainst Iou of Of damage II the manufat:tured (i) 10 Fi J ing Fees home and against Ijabi~ty ariSing out of use or ownership of the manufactured homB. If IOU oblain property insurance through us. the $ 5.00 rremium costs for tbe Insurance teRTIs indicallld below are included in tha item calle To Prokllrtv Insurance Com~an& of the TEMIZATJON DF AMOUNT fINANCED seclion Df this lnsta!JmeTllloan. JTlthe secliOTl caDed YOU PROMISES ABOUT NS RANCE Prepaid FinanceCharue on thllreversa side of this Contract, you arapromising to insure the manufactured home and keep it insured. , NIA l~r.r~M3t Corporation X MalWf,elllledHD1/lI'. 221. 00 -PhysiealDamagelns. .!-. Comprehensive on $ I N C L . ManufaCluledHolllll T.rm~Mol. Other IDueribel Term~os.Other ""(lii"scrilJel TOTAL CHARGES i1 ,221.(L ;~_Term_Mos. LFiJeamlThBfl IRCL. Term~Mos. ;~_Term_Mo,. . lender may receive a portion 01 Ihisamounl CREDIT INSURANCE IS NOT REDUlRED: Credit life Insurance is not required to obtain credit. and will nol be Ilrovided unlen you sign below and 8gr8e to pay the addiliclPal cost. Please read the NDTlCE Df PROPOSED CREDIT IJIlSURAJVCE on lha reverSB side. Your insuraJlce certificate ar poUcy willlell you Ihe MAXIMUM amount 01 insurarlce available. By signing, YtlU select Single Credit life Insurance, which costs $ MIA What is your allo? Yllars Signature of Buyer to be insured for Sinlllll CreditUfe Insurance Insurer: DIRECT INSTALLMENT lOAN NOTE DEFINITIONS: In this Nate, rhe word "Borrower" means each and allM those whll sign below and each and all of thmoewho endorse the check which disburse; thepmceeds of this lOan. The word "lender" means fammae Co rpo rat i on IIranypersonlowhomthisNotehasbeentranslerred. BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Londer $ 21 . 323 . 50 , with interest on lhe unpaid balance hom the date lunds are .wvam:eaunlil paid in full. Jllterest shan b8 pamallha1ale pllJ 1n/l1JJJl 0,16.0000 %, Barrower promises tll make payments in accordance with the payment schedule staled in this Nole. Borrower promises to pay to lender all otller amounts which may become dUll under the terms IIf this Nole, including, if applicable, late Chemes and COsts of Collecrian. Borrower agrees to make payments althe place designated by lende r. PA YMEIVT SCHfIJUlf: Borrower agrees ta pay to Leader rhe arDOlNlts dill.! umIer this Note in uninterrupted monthly payments: 180 payments of $ 313. 18 and a final paymell1, which will be liilled liV Londer, of all remaininll (Jfff1Jid amotmts. PaYlTM!nlS will be due IIn the 5arnu day al each mOllth slarting on 3/2/98 PaymonuwjJJcolllmunta3JIJJ1JJDUll1sdueare/llljd. The date that the final payment is scheduled in Ihis paragraph to be Que is called the "Maturity Dalll" 01 this Nole. LATE CHARGE: I ] Not Applicable. [ XI Borrower allrees that lender may a!!eu a lale charge for any payment not paid in lull within 15 days III its due datil. The late charge will bethe GREATER oft 20.00 orl0.00 %ofthellltalamouPlaflhe payment which was not paid in lull. No late charge wilt be due, however, il tlta reason tbat Ihepaymenl is lale is either:!al attributable to a late charge assessed on a prior payment; or Iblbecause, after default by Borrower, the entire outstanding ba lance on lhis Note is due. No mllre than one late charge will be imposed for any single scheduled payment. By sillning, yau both select Joint Credit Lilelnsurance. which costs $ N/A What are your ages? Signature of both Buyers 10 be insured lor Joint Credit Ufe InSUrance MULTIPLE PARTIES: 11 Ihere is more than one Borrower, each <IIIrees tn be responsible to Lender, individually and togelher. for payment in full of this loan. Barmwers aglee that payment af all or part of rhe proceeds afthis Nare tllanyBarrowBforloa lIyalleelsflilllhe direttion 01 any Borrower will be lhe equivalenl of payment to each Bo/rower and for the benefil al all BOl'rowers. 212198 Dale 212198 Borrower Date CO.MAKERS-.SEE NOTICE TO CO.SIGNER ON THE REVERSE SIDE: Any Borrower who is designated a!: a Co.Maker agrees 10 be equally responsible with all othet Borrowers far the payment of this loan and performance lIf all promises in this No Ie. Co.Maker Dale Co.Maker Date (\ NOTICE: SEE REVERSE SlOE FOR IMPORTANT INFORMATION COPY OF ORICINAl ;91991 BAN[DNSUMf~ S[RVICE, IN!: PA542AIljffl91J TA~.it;c183 ADDITIONAL PROVISIONS CDMPUTING INTEREST: Interest is charged on a daily basis, according to the outstanding halancesubject tninterest on each day of the loan tenn. The daily in terestrateiJellllallD the annual interest rate in effect on that day divided by the number of days in that calendar year. Borrower agrees that becauuinterast is calculated on a daily b asis, late payrnents will r8sult in additional interest land,ifapplicahlo, a lalB charg el;eartypaymenlswillresult in less interest beinll chaflled. APPLlCATIIlN OF PAYMENTS; lender will apply paymellts to satisfy interest, late chargas, fees and principal in the order as determined at the option of the Le nder.A.regular pa'(lTlllnts will be appliedta the utisfactionof scheduled payments inf he order in which they become due. WAIVER BY LENDER: II Borrower has made or makes in the future another loan agreement with Lender, lender might obtain a security interest in the princip al dwelling of Borrower or someone else tll secure that other IlIan agreement. That Security Agreement may provide that the principaldwel1ing secures not IInly that other loan agreement b ut also aU other loan agreements of Borrower with Lender. lender waives (gives up) any right to claim a security interest in the principal dwelrtng 01 any person to secure this Note unless the security interest is specifically given to secure this Note. INTEREST AFTER MATURITY: Unless prohibited by applicable law, interest at the rate provided in this Note shall contiOlleto accrue on the unpaid balance until paid inlul!, even after (whether by acceleration or otherwisel maturity and/or if judgment is entered against Borrower lor the amounts due. II at any time mterest as provided for i n this par31lraph is not permittedbylaw,interestshal1.inthatevelltalldatthattime,accrue at the highut rate allowed by applicable law. DEFAULT: (As used in this paragraph, the tem"Borrower" includes Borrowers, Co.Makers, Guarantors, sureties, and any owner of property which is security for this Note.J Borrower willbeindehult: la) if Borrower does not make any payment before or on the date it is due; or lb} if Borrower fa~s to keep any promise made in this Note or delaults in any other note, loan or aQreemont with lender; or (cl 1f anyone who signs the Security Agreement or a Mortgage securing this Note breaks any promise made in the Socurity Agreemant or MllrtQaije;including but n ot limited to the promise nottosell,giveawayortransfertitletotheproperty w hichisthesubject 01 the Mortgage or security interest; or (d) jf any property in which lender has obtained a security interest to secure this Note is lost, stolen (and not recovered within a reasonable timel or destroyed; or le) if Borrower has made any untrue statement or misrepresentation in the credit application or any other cllrtilicate or document given or made for thi sloan;or If) upon the death 01 Borrower or any one of them. il there is more than one; or Igl il Borrower provides lender with false inlonnation or forged siQnature satanytirne;or (hI if a court with properjurisdiclionto do so finds that Borrower,ora ny onll 01 them.. is incapacitated. II Borrower is in default, the entire outstanding halance on this Note shall be immediately due, at the optional the lender. This will happen without any prior notice to Borrower, or righttocure,llxcept as may be required by law. Borrower will also be in default: m if Borrower becomes insolvent and/or cannot pay Borrower's debts as they become due; or . ij) if any other creditor tries by legal process to take any mlJflIIY or pro perty of Borrower in the lender's possession; or (kl if Borrower files a bankruptcy petition or if anyoneliles aninvllluntary bankruptcy against Borrower; or m if Borrower makes an assignment for the beoofit of creditors, or any insolvency, reorganization, arraRllement, debt adjustment, receivership, trusteeship, liquidation or other legal or equitable proceedings are instituted by or against B orrower;or 1m) if any judgment tax lien, municipal charge or tax levy is filed or writ 01 execution is issued against Borrower. lfanyeventdescribedin(il,m,lkl,(l),or(m) happens, the entir eoutstandingbalanceonthis Note shall be invnediately due without any prior notice to Borrower, or right to cure, except as may be required by law. A delault by Borrower on this Note is adelault on every other note, loan or 31Ireement 01 Borrowerwithlellder. GENERAL WAIVER PROVISIONS: Borrower waives presenlment for payment, demand, protest. notice 01 protest. dishonor and afl other noticu or demands in connection with the delivery, acceptance, performance, delault or enforcement of this Note. Borrower further waives any right to requim due diligence ill collection by Lender. DELAY IN ENFORCEMENT: lender can delay enforcing any rights under this Note wilhout losing any rights.lollder's failure to enforce allY right under this Note shan not act as a waiver of that rillht orpretlude the exercise of that right in the ev ent of a futum occurrence of the same event. lender can also extend the time allowed for making payments, and such extensi6n shall not aHect the obligations of any Borrower, whetlleror not thaI Borrower is givennotiee 01 the extension. RELEASE OF SOME BORROWERS OR SOME SECURITY: If there is more than one Borrower, each agrees to remain bOUlld by this Nole, although Lender may release any otllar Borrower or release or substitute any property which is security for the repayment 01 this Note. BorrlMer waives all defenses hased on suretyship and impairment of collateral or security. SECURITY INTEREST CHARGES: Borrower agrees to pay any recording, filing, satisfaction and encumbrance fees which may be charged. The charges are to repay lender for the fees paid to public offidalsto protect, continue, or release any security interest given in the Securtty Agreement or Mortgage. PROPERTY INSURANCE: II property insurance and/or !tood insurance is required under this Note, a Mortgage, or a Security AgreelTHlnl, Borrower may obtain property and/or flood insurance from lInyone that is acceptable to lender. II flood insurance is n!Quired, Borrowerhas beenseparately notified. PREPAYMENT: Borrower may prepay, in full or in part, the amount owed on this Note at any time without penalty. II Borrower prepays the loan in part, Borrower allrees to continue to make regularly scheduled payments until aU amounts due under this Note an! paid. BORROWER MAKES THE FOLLOWING ADDITIONAL PROMISES TO LENDER: la) to pay aD tues due on the Manufactured Home; (bl to aUow lender the right to inspect the Manufactured Home at allY reasonable time, and to maintain the Manufactured Home in good condition and repair, reasonable wear and tear elCepted; (c) to keep the Manufactured HIlfTIB fuDy insured against loss or damage, as provided in the Security Agreement and/or Mortgage; (d) to pay all f~ing fHS necessary for Lender to obtain and maintain its security interest. If Borrowerfaijs to honor the promis es to maintain insurance in effect, or to pciy fmng fees, taxes or the costs necessary to k81!p the Manufactured Home ill good cDndition and repair, lender may, illender alone chooses, advance any sums Borrower promised to pay and obtain insurance. II Borrower fa~s to maintain the required insurance and provide lender with evidence 01 that insurance, lender may obtain insurance to cover loss or damage to the Manufactured Horne. Such insurance will be limited to an amount not greater than what Borrower owes on this Note. Any amount lender advances on Borrower's behalf will be added to the halance on which Lender imposes Finance Charges at the Annual Percentage Rate of this Note, ifperminedbylaw, and will be repayable, as lender alone may specify: m immediately on demand; or liij along with the monthly payments. If lender chooses to aMow Borrower to repay the amounts advanced in installments, and il permitted by law, Borrower agrees that lender will increase the amounts 01 the monthly payments in an amount suHicient to mpay the amounllender tldvanced at the Annual Percentage Rate 01 this Note, in substantially equal payments from the date 01 the payment change over a tenn which Lendor wiD choose but which will not be longer than the remaining term of this Note. lender's payments on Borrower's behall win not cure Borrower's failull! to perioon Borrower's promises in this Note. Borrower's promises made and leflller's rights set lorth in this section shall not merge with any judgment entered in any legal action and shall apply lIIItil aU amounts owed are paid in lulL LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives lender the riijht to sign Borrower's name on any check or dralt from an insurance company. This is limited to a check or draft in payment of returned premiums or belleliu under credit life insurance or credit disability insurance, insu rance covering properfywhich is security lor this loan or flood insurance. This means that Borrower appoints lender as attomey-in.fact for Borrower with Ihefull power to endorsechec ksordrafts. COSTS OF COLLECTION: If Borrower is in default under this Note and lellder files suit, or takes other action to collect this loan or protect the ManulaclUred Home, Borrower agrees to pay coslS of suit and,ifpermitted by law. reasonable attomeys' fee sandexpenses. SECURITY INTEREST IN DEPOSITS: TIIa lender may sel.off any amounts due and ullpaid under this loan against any of Borrower's money on deposit with Lender. This illcludes any money which is now or may in the fUlUre be deposited with lender by Borrower or with any co.depositor, including Borrower's spouse. Tbis also includes any propertY, credits" !ecurities, or money of the Borrower, which may at any time be defivered to or in the pOl;session of the Lellder. This may be done without any prior notice to Borrower. ASSIGNMENT: Borrower may not assign or otherwise transfer Borrower's nghlS under this Note to anyone else. lender may sell, transfer, or assign this Note, alld any Security AlJreement andlor Mortgage given to secure this Note, and Borrower's rights and obligations undel' this Note will continue unchanged. HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of this Nota shall bebindingupon1heBorrower,andtheheirsandpersonalrepresentatives of the Borrower. GOVERNING LAW PROVISION: This Note and its va~dity, construction and enforceability shall be governed by the laws of Pennsylvania, except to Iheextent t hat such laws have been preempted or superseded by federal law. NOTICE OF PROPOSED CREDIT INSURANCE The Signer(s) of this Note hereby take(s) notice lhat Group Credit Life Insurance coverage andlor Group Credit Accident and Health Insurance coverage will be applicable to this Note if so marked on the front side of this Note, and each such type of coverage will be wntten by the insurance company named. This Insurance, subject to acceptance by the insurer, covers only tlIe person signing the requesl for such insurance. The amount of charge IS indicated for each type of credit insurance to he purchased. The term of the insurance WIll commence as of the dale the mdebtedness is incurred and WIll expire on tlIe original maturity date of the indebtedness. Subject to aeceptance hy the in~urer and withm 30 days, there will be del.ivered to the insured debtor a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of msurance charged will be made when due. FORM NPG-S2 NOTICE TO CO.SIGNER You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect rrom the Borrower_The Lender can use the same collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever in default, that fact may become a part of your credit record. NOTICE -. ANY HOLDER OF TillS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. PAS42A.lf5/97) GOPY SECURITY AGREEMENT Date, OJ /;/<n DEANIT10NS: In this Security Agreement. the word "Lender" means Tammac CorporatlCln, 1140 ROUTE 315, WILKES-BARRE, PA 18711 which is the secured party. The word "Borrower" means ANTHONY L COLE CATHY l COLE If there is more than one, the word Borrower means each ot the Bon-owers, and any Borrower, together with one or more other Borrower and/or with one or more others, jointly and collectively. The word "Owner" means each and aU of thOse who sign this Security Agreement Below. The Owner is tne pernon, or each and all at those if more than one, to whom the Collateral belongs. The word "Collateral" means all of the Woperty listed below. The Collateral is the property in which the Owner is giving the Lender a security interest. Whenever used, the singular number shall illClude the plural, the plural shall include the singular: the use of any gender shall include all genders: the word "person" shall Include corporations, partnerships, and all other legal entitles: and the words Owner, Lender, and Borrower shall include their respective heirs, personal representallves, successors and assigns. SECURITl" INTEREST: Owner gives to Lender a security interest in the Collateral described below, to secure the payment and/or performance 01 the Obligations listed below In the "Debts Secured" section. DEBTS SECURED: This Security Agreement secures the payment to Lender of Borrower's loan in the principal amount 01 $ 21.323.50 pius Interest. if the Note provides for payment of principal plus interest (il 1lOt, this Security Agreement secures the payrpe?t to Lender of the Borrower's loan in the total amount previously stated), according to the promises made in Borrower's "Note" dated "'/~9? ' and the performance of all promises of Borrower made In or In connection with that Note. This Security Agreement also secures payment of: (a) any other debts of Borrower which are owed or assigned to Lender now or in the future: (b) any other debts of Owner which are owed or assigned to Lender now or In the future: (c) all of Lender's costs and expenses, including attorney's fees, lfl()Jrred in the COl1ect1Oll of any debt secured hereby, In any action to protect or enforce Lender's rights under this Security Allreement, or In bankruptcy proceedings of 01' against Borrower or Owner; (d) all amounts which Owner agrees in this Security Agreement to pitt to Lender; and (e) any refinancing, subsUtutiOll, extension and/or renewal of any of the above. Regardless of any other provisions of this Security Agreement, any household goods, as defined in Federal Reserve Board Regulation AA (12 C.F.R.227.12), In which Lender is getting a security interest, do not sacur& debts which Borrower or Owner owes to Lender, either now or In the future, other than that debt evidenced by the Note, unless such debts are extensloos, r&financings or consolidations of the Note. OWNER: The Owner(s) of the Collateral is (are); ANTHONY L COLE CATHY L COLE Whose residence address(es) is (are); 194 HOLIDAY AVENUE. . MECHANICSBURG. PA 17055 COUATERAL: Owner gives to Lender a security interestin:1981 VICTORIAN 14X70 IV7014CKD27138 A Mobile Home, which will be kept at the address listed below, including all accessories, equipment, parts and attachments, identified as follows. 194 HOLIDAY AVEHUE MECHANICSBURG. PA 17055 The Owner agrees and represents that the Collateral Is and/or will be used for the following purpose and will not be used for any other purpose without prior written notice to Lender: Personal, family or household purposes The Collateral { lis [ X ] is not now permanently attached to a building or other real e~:tale The Collateral [ ) will [X ] will not be permanently attached 10 a building or other real estate Owner gives Lender a security interest in the proceeds of any Collateral, Including any insurance payable by reason of loss or damage to the Collateral. Owner assigns, pledges and gives 10 Lender a security interest in any unearned insurance policies in connection with the Collateral and/or the indebtedness. ADDITIONS TO COUATERAL: Owner also gives to Lenoor a security interest In any additions, replacements or substitutions which may be made to the Collateral. This includes any equipment, parts or accessories which may be added to the Collateral in the future. USE OF COLLATERAL While any part of the money owed to Lender remains unpaid, Owner promises: (a) to use the Collateral carefully and keep it in good repair: (b) to obtain Lender's written pennisslon before maJclng any major a1terattons; (c) to lell Lender In writing before changing Owner's address or the address where the Collateral is kept: (d) to help Lender protect the rights and security interest gIven by this Agreement; (e) not to use the Collateral lor any unlawful purposes; (f) it Owner has indicated that the Collateral is not and will not be permanently attached to a building or other real estate, it Is agreed that the Collateral will remain personal property: (g) to keep the Collateral free of liens, adverse claims, and encumbrances other than the security interest of Lender; (h) to make the Collateral available to Lender for inspection on request: and (i) to notify the Lender immediately it the Coilateral Is lost, damaged, stolen or destroyed, or if the Collateral is attached, levied, seized, or becomes the subject of an adverse claim OWNERSHIP OF COLLATERAL: Owner promises that Owner owns all of the Collateral listed above. Owner promises that no one else has any Interest In the Collateral or a claim against il Owner agrees that the Collateral will not be sold, leased, or given to anyone else as collateral unlil the money owed to lender has been repaid in full ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS SECURITY AGREEMENT. COPY RECEIVED: The Owner acknowledges receipt 01 a completely filled-in copy of th,s Security Agreement Owner: Date ,)-.;)-99 .:2-0:0-9% Owner: Date Owner; Dale Owner; Date NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ORIGINAL SCIlTrF TAM-n183. ADDITIONAL PROVISIONS TAXES AND INSURANCE: While any part of the money owed to Lender remains unpaid, Owner promises: (a) 10 pay aU taxes due on the Collateral; lender has the option 10 pay the taxes. On demand, OWner promises promptly 10 repay to Lender any amounts paid by Lender for taxes; (b) to keep the Collateral fully insured against loss or damage. Owner promilles 10 make this Insurance policy payable to lender In an amount equal to the value of the Collateral Of the unpaid balance of Borrower's loan, whichever Is less. Owner agrees 10 deliver proof of insurance to Lender, il requested. Owner agrees 10 obtain Insurance from a company acceptable to Lender. If OWner does not keep the Collateral insured, Lender has the option of purchasing insurance. On demand, Owner promises promptly to repay to Lender the cost of insurance purchased by Lender; in add1tlon, at Lender's option, Lender may require Borrower to repay the cost 01 insurance purchased by Lender either on demand Of by increasing the amount of the installment payments which are due on the Note secured by this Security Agreement. (c) Owner gives Lender the right to sign Owner's name on any check or draft from an insurance company and 10 apply the money to any debt secured by this Security Agreement. This is limited to checks and (jrafts in payment of a claim under an insurance policy for Joss or damage to the Collateral or for returned or rebated premiums on policies insuring the Collateral DEFAULT: If Owner is in default under this Agreement, Lender May enforce its security interest in the Collateral as provided by law and in this Agreement. This may be done without giving any advance notice or making any dl~mand, unless provided by applicable law. Owner will be in de/aul! if; (a) Borrower breaks any promise made in its Note 10 lender; (b) Owner breaks any promise made tn this Security Agreement; (c) Borrower Of Owner breaks any other promise made to Lender in connection with any debt which is secured by this Security Agreement: (d) Owner or Borrower is in default under any other Note, Mortgage, Of Agreement wilh Lender; (e) the Collateral is lost, destroyed beyond repair, or stolen (and not recovered within a reasonable lime); (1) OWMr dies: (g) any other credilor tries to take the Collateral by legal process: (h) the Owner liles bankruptcy or il anyone files an involuntmy bankruptcy against in the Owner: (i) any lax lien or levy is filed or made against the Owner or the Collateral; (j) Owner has made any false statement in this Agreemenl: (k) the Collateral is seized by federal, state, or local government which alleges thatlhe Collateral was used for unlawful purposes. ENFORCING THE SECURITY INTEREST: If the Owner is in default, Lender may, without notice or demand, unless required by law, enforce its security Interest in the Collateral as follows; (a) Lender may take possession of the Collateral. This may be done without any advance notice to Owner, unless required by law. Lender may enter any property or building where the Collateral is located, if this is done peaceably. Lender is not responsible for any property not covered by Ihls Agreement l!lat is lefllnslde the Conateral or attached to II; (b) Owner agrees 10 deliver the Collateral to Lender at a time and place chosen by lender; (c) lender may enforce its security interest by any and all remedies permltted and/or authorized by law. DELAY IN ENFORCEMENT: lender can delay enforcing any rights under this Security Agreement withoullosing them. lender's failure 10 enforce any rights under this Security Agreement shall not act as a waiver of those rights or preclude Ihe exercise of those rights in the event of a future occurrence of the same event. CHANGE OF TERMS: If the terms of any Note or debt secured by the Collateral are c~,anged, the security interest given by this Agreement will continue to protect Lender. RELEASE OF SOME OWNERS OR SOME SECURITY: If there Is more than one Owner, each agrees to be bound by this Security Agreement, although lender may release any other Owner or release or substitute any Collateral. If any extension is allowed Borrower by Lender, it shall not affect any provisions of this Security Agreement, whether Of not Owner is given notice of the extension, FINANCING STATEMENTS AND SECURITY AGREEMENTS: Owner agrees to sign such financing statements, security agreements Of other documents as lender believes necessary to permit lender to get and keep a perfected security interest in the Collateral. Owner gives to Lender the power to sign Owner's name on financing statements. A copy Of reproducU,JO of a financing statement or this Security Agreement may be filed as a financIng statement. If the Collateral is now or will be pernanen!1y attached to real estate, the filing will be in the real estate records. If the Collateral includes a motor vehicle or mobile home, Own€:( promises to deliver to Lender the certificate of title for the Collateral within 30 days from the date of this Agreement. The security interest In favOf of lender in the amount of Borrower's loan secured will be noted on the certificate of title when It is delivered. ORIGINAL SC/HYA SECURITY AGREEMENT . , Dale, 0'/.7/9 Y DEANITIONS: In this Security Agreement. the word ~Lender" means Tammac Corporation, 1140 ROUTE 315, WILKES-BARRE, PA 18711 which is the secured party. The word "Borrower. means ANTHONY l COLE CATHY L COLE If there is more than one, the word Borrower means each of the Borrowers, and any Borrower, together wllh one Of more other Borrower and/or with one Of more others, jointly and collectively. The word .Owner" means each and all 01 those who sign this Security Agreement Below. The Owner is the persOl1, Of each and all of those if more than one, 10 whom the Collateral belongs. The word "Collaleral" means all oltha property listed below. The Collateral is the property in which the Owner is giving the Lender a security inlerest. Whenever used, the sIngular number shaH include the plural, the plural shalt include t~le singular; the use or any gender shall include all genders; the word "person" shall include corporations, partnerships, and all other legal entitles; and the words OWner, Lender, and Borrower shall include their respective heirs, personal representatives, sU(:cessors and assigns SECURllY INTEREST; OWner gives to Lender a security interest in the Collateral described below, to secure the payment and/a.. perfonnance of the obligations listed below In the "Debts Secured" secUon. DEBTS SECURED: This Security Agreement secures the payment to Lender or Borrower's loan in the principal amount or $ 21,323. SO plus Interest, if the Note provides for payment of principal plus interest (ir not, this Secu(ity Agreement secures the paYlJ1e~1 to Lender of the Borrower's loan in the total amount previously stated), according to the promises made in Borrower's "Note" dated ~I ~/9? , and the performance of all promises of Borrower made In or in connection with that Note. This Security Agreement also secures payment 01; (a) any other debts of Borrower which are owed or assigned to Lender now or In the ful1.Jre; (b) any other debts 01 Owner which are owed or assigned to Lender now or in the Mure: (c) all of lender's costs and expenses, including attorney's fees, incurred in the collection 01 any debt secured hereby, In any action 10 protect or enforce Lender's rfghts under this Security Agreement, or In bankruptcy proceedings of Of against Borrower or OWner; (d) all amounts which Owner agrees In this Security Agreement to pay to lender; and (e) any refinancing, substitution, extension and/or renewal of any of the above. Regardless 01 any olher provJslons 01 this Security Agreement, any household goods, as defined in Federal Reserve Board Regulation AA (12 C.F.R.227.12l, in which lender is getting a security interest, do not secure debts which Borrower or Owner owes to Lender, either now or In the future, other than thai debt evidenced tlY the Note, unless such debts are extensions, refinancings or consolidations of the Note. OWNER: The OWner(s) of the Collateral is (are): ANTHONY l COLE CATHY L COLE Whose residence address(es) Is (are): 194 HOLIDAY AVENUE, . MECHANICSBURG, PA 17055 COlLATERAL: Owner gives to lender a security interestln: 1981 VICTORIAN 14X70 IV7014CKD27138 A Mobile Home, which will be kepi at the address listed below, including all accessoril~s, equipment, parts and aUachments, identJlled as lollows' 194 HOLIDAY AVENUE MECHANICS8URG, PA 17055 The Owner agrees and represents that the Collateral is and/or will be used for the following purpose and will not be used lor any other purpose without prior written nOlice to lender: Personal. family or household purposes. The Collateral [ ] Is [ X ] is not now permanently attached to a building or other real -estate The Collateral [ ] will [X ] will not be permanently attached to a building or other real estate Owner gives lender a security interest In the proceeds of any Collateral, including any insurance payable by reason 01 loss or damage to the Collateral. Owner assigns, pledges and gives to Lender a seOJrity interest in any unellrned insurance policies in connection with the Collateral and/or the indebtedness. ADDITIONS TO COlLATERAl: Owner also gives to lender a security interest in any additions, replacements or substitutions which may be made to the Collateral. This includes any equipment, parts or accessories which may be added to the Collateral in the future. USE OF COLLATERAL: While any part of the money owed to lender remains unpaid, Owner promises: (a) to use the Collateral carefully and keep it in good repair; (b) to obtain lender's written permission before making any major alterations; (c) to tell Lender in writing before changing Owner's address a.. the address where the Collateral is kept; (d) to help Lender protect the rights and security interest given by this Agreement; (e) not to use the Collateral for any unlawrul purposes; (f) il Owner has indicated that the Collateralls not and witl not be permanently attached to a building or other real estate, il is agreed that the Collateral will remain personal property; (g) to keep the Collateral free 01 liens, adverse cJaims, and encumbrances other than the security interest of Lender; (11) to make the Collateral available to lender for inspection on request; and (I) to notify the Lender immediately if the Collateral is lost, damaged, stoien or destroyed, or il the Collateral is attached, levied, seized, or becomes the subject of an adverse claim OWNERSHIP OF COUA TERAL Owner promises that Owner owns all of the Collateral listed above. Owner promises that no one else has any Interest in the Collateral or a claim against it. Owner agrees that the Collateral will not be sold, leased, or given to anyone else as collateral until the money owed to Lender has been repaid in run. ADDmONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS SECURITY AGREEMENT. COPY RECEIVED: The Owner acknowledges receipt 01 a completely Iilled-in copy of this Security Agreement Owner: Date oJ -.")-9P ,:z-~-qJ Owner: Date Owner: Date Owner: Date NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ORIGINAL SCAm TAM-n183 ADDITIONAL PROVISIONS TAXES AND INSURANCE: lNhile any part of the money owed to lendEl( remains unpaid, Owner promises; (a) to pay all taxes due on the Collateral; Lender has the opllon to pay the taxes. On demand, Owner promises promptly 10 repay to Lender any amounts paid by lender for taxes; (b) to keep the Collateral fully Insured against loss or damage. Owner promises 10 make this Insurance policy payable to lender In an amount equal to the value of the Conateral or the unpaid balance of Borrower's loan, whichever is less. Owner agrees 10 deliver proof 01 insurance 10 lender, if requested. Owner agrees 10 obtain Insurance from a company acceptable 10 lender. If Owner does not keep the Collateral Insured, Lender has the option of purchasing Insurance. On demand, Owner promises promptly to repay 10 lender the cost 01 insurance purchased by Lender, In addition, al Lender's option, Lender may require Borrower to repay the cost of insurance purchased by lender either on demand or by increasing lhe amount of the inslallment payments which are clue on the Nole secured by Ihis Security Agreement. (e) Owner gives Lender the right 10 sign Owner's name on any check Of draft from an insurance company and to apply the money to any debt secured by this Security Agreement. This is limited to checks and drafts in payment 0' a claim under an insurance policy 'or loss or damage to the Collateral or for returned or rebated premiums 00 policies insuring the Collateral. DEFAULT: If Owner Is In default under this Agreement, Lender May enlorce its security interest in the Collateral as provided by law and in this Agreement. This may be done without giving any advance notice or making any demand, unless provided by applicable law. Owner will be in default if: (a) Borrower breaks any promise made in its Note 10 Lender; (b) Owner breaks any promise made in this Security Agreement: (c) Borrower or Owner breaks any other promise made to lender in connection with any debt which is secured by this Security Agreement; (d) Owner or Borrower is in default under any other Note, Mortgage, or Agreement with Lender: (e) the Collateral is lost. destroyed beyond repair, or stolen (and not recovered within a reasonable time): (I) Owner dies: (g) any other creditor tries to take the Collateral by legal process: (h) the Owner files bankruptcy or II anyone files an involuntary bankruptcy against in the Owner: (i) any tax lien or levy Is filed or made against the Owner or the Collateral; (j) Owner has made any false statement in this Agreement: (k) the Collateral is seized by federal, state, or local government which alleges thai the Collaleral was useel for unlawful purposes. ENFORCING THE SECURITY INTEREST: lithe Owner is In default, Lender may, without notice or demand, unless required by law, enforce Its security interest in the Collateral as follows: (a) lender may take pOssession of the Collateral. This may be done without any advance notice to Owner, unless required by law. lender may enter any property or building where the Collateral Is located, if this is done peaceably. lender is not responsible for any property not covered by this Agreementlhat is left inside the Collateral or attached to it; (b) Owner agrees to deliver the ConateraJ to lender at a time and place chosen by Lendel~ (c) lender may enforce Us security interest by any and all remedies permitted and/or authorized by law DELAY IN ENFORCEMENT: lender can delay enforcing any rights under this Security Agreement without losing them. lender's falkJre to enforce any rights under this Security Agreement shall nol act as a waiver of those rigtlts or preclude the exercise oj those rights in the event of a future occurrence 01 the same event CHANGE OF TERMS: II the terms 01 any Note or debt secured by the Collateral are changed, the security interest given by this Agreement will conti......e 10 protect lender. RElEASE OF SOME OWNERS OR SOME SECURITY: II there is more than one Owner, each agrees to be bound by this Security Agreement. although lender may release any other Owner or release or S\Jbstitute any Collateral. II any extension Is allowed Borrower by Lender, it shall not affect any provisions of this Security Agreement, whether or not Owner is given notice 01 the extension, FINANCING STATEMENTS AND SECURIn" AGREEMENTS: Owner agrees to sign such financing statements, security agreements or other documents as lender believes necessary to permit Lender to get and keep a perfected security interest In the Collateral. Owner gives to Lender the power to sign Owner's name 00 fmancing statements. A copy or reproduclion of a financing statement or this Security Agreement may be filed as a financing statement. If the Collateral Is now or will be permanently attached to real estate, the 'iling will be In the real estate records. If the Collateral includes a motor vehicle or mobile home, Owner promises to deliver to Lender the certificate of lille for the Collateral within 30 days from the date of this Agreement. The security Interest in favor of Lender in the amount of Borrower's loan secured will be noted on the certillcate 01 title when it is delivered. ORIGINAL SCRTY!l '~!~~:!~l~~'~"'~:!:~~!~~~~:.!.:~~:!.~~:.~' , DEPARTME:NT OF TRANS~OF!TA1'ioN', CE:RTI~ICATE OF TITLE F0.R AY,EJ-Ilq..E - ---""----' -'--'---"'-'-~"-'-- ,.<> <j80a4002~00d21b-OO]' n: ++-u.t:;--.,:~-- ...~=:~:t~'l~~'l~!JJ MAKE OF VEHICLE TrTLENUMBER ~!~!!~-~DO~f!E~t-f' OOOM~"AruS ./11 .VICl'$iR~ . VEHICLE IDENTIFICATION NUMBER ~rr-:YTYPE ~~~~i~~;' :~~~~~~~!~, j I I. :"",,,,,, ::"'~f' :-=::--:~~, _'~=::'_=-= -:":0" GCWR TITlE8AA.NO$ ,i? ,,,'j \ !,,!jiiff.l~' li<"~Uil'U'~'''~O!'''['' ;\1 - ~ ~Dd~ETER DISCldsURE EXEMPT /:'. :;t; Fl_E;~ISTE~O OWNER(S) A~TftONY l & CATHY L COLf 19lfeHOLIDAY AVE MEC~ANICSBURG PA 1.1055 ODOMETER STATUS BY FEDERAL LAW' I TlTlEBRANO A ~ ANTIQUE VEHICLE ilL C3CLASSICVEHICLE , ~ : g~g~r~~f~~IClE 1+). o ..OAIGINAUY'MFGD_FOFlNOttMS OISTRlll~N' ~! H. AGAK:UlT "'lVEHICLI:,:l';"~ L sLOGGING HICLEi;: P ~ISiWASAPOLICEVE~~! R 3RECONSTAUCTEO F S ~ STREET ROD '" T 2F1ECOVEFlEDTHEFTV.shIClE V ~ VEHIClECONTAINSJEi3SUEDVIN W~ FlOOD VEHICLE f[ X_ISlWASATAXI F'IR$tUEI;:l FAVOR OF ".h TAH1,1AC CORP SECOND LIEN FAVOR OF ~~1, . \'~ . /' , . '""""". :lelnhotd8f is listed upon salislactlon 01 the first lien, ~1e Ors lienholder must 10IWard this nle 10 the Bureau 01 Motor Vehicles with appropnalll ItKm and lee. {f 1JII!~ \~!#-' ._..:lI" ~;- . ~I_~f~ ~I~ RELEASED ~ -\ SECOND U~ RELEASED DATE ( ",. 8'1 . .L.:., MAILING ADDRESS ~ AUTHORIZED REPRESENT A TlVE I !R.Il!.t. ..,4._ - " []68[]01 AUTl-IORIZEDREf'RESENTAT1VE TAHHAC CORP 215 HUNDY ST WILKES BARRE!PA 181[]2 , I cfiri~~G'OI (h" d<tt<t q1ls~ue, th" offl~al recofds 01 the P...,.-,sylvania Departmenl of TransportatIOn rellecl Ihat the perllOO(s) or c6mpany named herein IS the lawful owner oflheaaidvehi(:le BRAOLEY L ~ EXHIBIT STATE '" ~ "B11 ~ , -','j f. r-~ ,. . L. C. Heim KA Tl-IERMAN , HElM & PERRY Attorney 1.D. No. 23155 345 East Market Street York,PA 17403 (717) 854-5124 Attorneys for Defendant York Excavating Company, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC CORPORATION Plaintiff Civil Action - LA W vs. No. 05-6392 Civil ANTHONY COLE, CATHY COLE, YORK EXCA V A TING COMPANY, INC., : and LOWE'S HOME CENTERS, INC., Defendants : PRELIMINARY OBJECTIONS OF YORK EXCA V A TING COMPANY, INC. Defendant, York Excavating Company, Inc., ("YEC") by its undersigned counsel, preliminary objects to plaintiffs complaint as follows: 1. Failure to Conform to Law or Rule of Court under Pa.R.C.P. 1028(a)(2) Motion to Strike 1. PA. R.C.P. No. 1020 (a) requires each cause of action to be stated in a separate count. 2. The complaint states only one count which sounds in contract. 3. Defendant YEC is not a party to the contract. YEC. WHEREFORE, defendant YEC request that the complaint be stricken as to II. Legal Insufficiency of a Pleading under Pa.R.C.P. l028(a)(4) Demurrer 4. The complaint states a cause of action in contract. 5. Defendant YEC is not a party to the contract. 6. The complaint fails to state a cause of action against defendant YEC upon which relief can be granted. YEC. WHEREFORE, defendant YEC requests that the complaint be dismissed as to KATHERMAN, HElM & PERRY by: L . Heim ttomey for YEC CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following person on this date by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: James T. Shoemaker, Esq. 600 Third Avenue Kingston, P A 18704 Dennis R. Sheaffer, Esq. 111 N. Front St. Harrisburg, P A 17108 Anthony Cole 711 Robert St. Mechanicsburg, PA 17055 Cathy Cole 711 Robert St. Mechanicsburg, PA 17055 DATE: 2../'/0& I f C.Heim 45 East Market Street York, PA 17403 (717) 854-5124 t-~._' (,.~;I -.::> t:..;.-. ....,.., ("'\ co \ N ~. r:-? C) -' /-- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06392 P CO~ONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS COLE ANTHONY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COLE ANTHONY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 30th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 18.00 9.00 10.00 64.82 .83 102.65 01/30/2006 HOURIGAN KLUGER S~ . /.../. ./ '-.". '.~.".-__'..-----" ~~.../ R. Thomas Kline Sheriff of Cumberland County QUINN Sworn and subscribed to before me this 1 ~ day of 1-1~ :Joo~ A.D. j!~ SHERIFF'S RETURN - OUT OF COUNTY CASS NO: 2005-06392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS COLE ANTHONY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COLE CATHY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 30th , 2006 , this office was in receipt of the attached return from YORK ) Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/30/2006 HOURIGAN KLUGER So answers: .'". /" ". //" ~~-:/::;~_/ /- __ z:-_____- / R. Thomas Kline Sheriff of Cumberland County QUINN Sworn and subscribed to before me this rG 7~ day of :J~ ot ry SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS COLE ANTHONY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: YORK EXCAVATING COMPANY INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 30th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 6.00 9.00 10.00 30.12 .83 55.95 01/30/2006 HOURIGAN KLUGER So answers: ) _<c-~ __,.,..-('__"~--r--- _~--_.- R. Thomas Kline Sheriff of Cumberland County .....-' QUINN Sworn and subscribed to before me this 'J1f.. day of ),L.. 7 .).ct)(,. ~A'D' (j ./ (' Pro . ota. y SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2005-06392 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMAC CORPORATION VS. COLE ANTHONY ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LOWE'S HOME CENTERS INC by United States Certified Mail postage prepaid, on the 29th day of December ,2005 at 0000:00 HOURS, at 1000 LOWE'S BOULEVARD MOORESVILLE, NC , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 01/03/2006 on Additional Comments: Docketing Service Affidavit Surcharge 6.00 4.88 .00 10.00 .00 20.88 So answ~.r"s-:- ./. .. .~ .-->".. .., ;;;;:.-:: ':;.:. /;~:__~..-r / L..~... -/- / R. Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Paid by HOURIGAN KLUGER QUINN on 01/30/2006 . Sworn aEd subscribed to before me this '7 - day of :j~ J,". p:!J~1 SHERIFF'S RETURN ~ OUT OF COUNTY CASE NO: 2005~06392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS COLE ANTHONY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LOWE'S HOME CENTERS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 30th , 2006 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia Postage 6.00 9.00 10.00 116.00 .83 141.83 01/30/2006 HOURIGAN KLUGER So answers' /-- .~ .....-< // ,,-,.--,,~':<3-'::"', ,/ ---'''_'''':' <:.:,::::::., <-::.-/---------- - :;.?~~.z--~ R. 'Thomas Kline Sheriff of Cumberland County QUINN Sworn and subscribed to before me thl' s 1 ""/ d f J. n _ ay 0 .LfU"~/ A.D. Prot ot ry ~ In The "Court of Common preas of Cumberland County, Pennsylvania ., T/l,MMI\C Corporation VS. I\nthony Cole et al SERVE: Lowe's Hane Centers Inc No. 05-6392 civil Now, December 29, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~('?/ ~~#' .r ~"'~f.R'~~ Sheriff of Cumberland County, PA Affidavit of Service at Jell (/(;Y' ,/, /3 ! ' Co~o!~~J ! La~d /i"'iAt [e-trcrs jlte C/o cT C (j r p ( J~ It: "A.t:CtAC r/ S r J ~ tc . / ~I D 3~1 50 /oMl~ I It 1 U11 , 20 () { , at () ; ()o' clock -fZ- M. served the Now, within upon by handing to a copy of the original and made known to h (! r- the contents thereof. CQMt;:ON'....IEAL TH OF PENNSYLVANIA NCTARIAL SEAL SUSAN, ROSENFELD, Notary Public City of Philadelphia. Phlla. County My CommlsS\or' F:;!lir~~)~?~ch: '\ 200B So answers, ~V;tlTle.l"hYCj cf;~ b . . PrOC;C{5 J'ey,ver Qsiifof P N,{..t"I.tI.lph tl\.. County, PA 0<'; COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn <lJi1~bscribe me tl$' .~':CJlay t: ((I $ i I IJ SENDER CON/PLEft 'HI:::' ::,t:......IIVIII . Complete Items 1, 2. a~d 3. Also complete item 4 if RestRcted 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 mailplece. or on the front if space permits. 1. ArtIcle Addressed to: x ~t o Addressee B. 1}ec91V,d ~ Printed N ~ C. D~ of Delivery L-/171tv0P....-.../ /-:!S-U(; o. Is delivery address different from item 1? 0 Yes If YES. 4!lnter delivery address below: -5;;"Ho Lowe's Home Centers Inc 1000 Lowe's Blvd Mooresville; NC 28177 3, Service Type Ji( Certified Mail 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 0390 0003 2635 0425 05-6392 civil PS Form 3811, February 2004 Domestic Return R....e:.!tt 1 02595-02.-M-1, S4Q c () COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST.. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ON. Y LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/SI 3 OEFENDANTlSI TAMMAC Corporation Anthony Cole et al 2 COURT N,UMBER Notlce & Complaint .. TYPE OF VVRIT OR COMPLAINT 05-6392 civil . , [,to:, 1'\-$ 1-<" \~. C'- SERVE .. AT { 6 ADDRESS (STREET OR RFO VVlTH BOX NUMBER. APT NO, CITY, BORD, TV.JP 814 Heckhill Road Lewisberry, PA 17339 o PERSONAL LJ PERSON IN CHARGE .4 DEPUTIZE U C anu . STATE AND liP CODE) 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED. ATTACHED, OR SOLO Anthony Cole 7 INDICATE SERVICE 1 ST CLASS MAil U POSTED !..J OTHER NOW , ,20~ I, SHERIFF OF~ COUNTY;J,'~~ hereby depu York COUNTY to execute t~~rn to law. ThiS depullzallon being made at the request and risk of the plaintiff . SHERIFF OF COUNTY · SPEC'Al'NSTRUCTIONS OR OTHER INFORMATION THAT IMll ASSIST IN EXPEOITING SERVIC~ U T 0 F CO U N T Y Cunber land ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRlT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff leVYing upon or attaching any property under within wnt may leave same without a watchman. in custody of whomever is found in possession. after notifying person of levy or attachment. wlthoutliabtlity on the part of such deputy or the sheriff to any plaintiff herein for any loss. destrudlon, or removal of any property before shenffs sale thereof 9 TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10, TElEPHONE NUMBER ", DATE FILED JAMES T. SHOEMAKER ES 570-287-3000 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed If notlce is to be mailed) 1/11/2006 CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF T~ stERFF - DO NOT WRITE BELOW TIIS LIlIE 13 I acknowledge receipt of the writ 1.c. DATE RECEIVED 15, Expiration/HeaTIng Date orcompla.., as ",d""ledabove MJ. MCGIll YCSO 1/12/2006 2/10/2006 16 HOW SERVED PERSONAL ( K.... POSTED ( ) POE ( SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BElOW 17 a I hereby certify and return a NOT FOUND because I m unable to locate the individual, company, etc named above (See remaOl.s below,) 18 NAM .LE OF INDIVIDUAL SERV 0 { UST ADORE HERE IF NOT SHO\NN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21 22 REMARKS 9 23 Advance Costs 45 Q'>Tf? / ~ ,-'6 DATE 41. AFFIRMED and subSClibed to before me thIS o N PENNSY NOTARIAL SEAL I NO LISAL. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRESAUG. 12, 2009 !4!4, Signature of p. Sherin 4~ Signature of York / <__.-./;7 / . County Shenn ,~,,~ v- il1iam M Hose, Sheriff/(v,;D7c 46, Signature of Foreign County She"" 50, I ACKNOV\llEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORlZED ISSUING AUTHORITY AND TITLE (/ /24/06 49 DATE 151 DATE RECEI~-'-~- '2 1 \/\/HITE - lssumg Authority 2 PINK - Attorney 3 CANARY - Sheriff's Office .c BLUE - ShenfT's 0fIice i 2 of 2 v COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN I\ISTRUCTIONS PLEASE TYPE ONLY LI\E 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/SI 2 C~U:~~~~~ERn;H;' TAMMAC Corporation 4 TYPE OF WRIT O'tOOMRLAINT 3 DEFENDANT/51 1 L f\ Anthony Cole et al Notice and Canplaint, (<, ,v,,'o;""1, 5 NAME OF INDIVIDUAl. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTtON OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Cathy Cole 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORC, l\\IP, STATE AND ZIP CODE) 814 Heckhi11 Road Lewisberry, PA 17339 7 INDICATE SERVICE. 0 PERSONAL U PERSON IN CHARGE i(DEPUTIZE '~c~~d U 1ST CLASS MAil U POSTED '.J OTHER January 11 , 20~~ I, SHERIFF OF ~ COUNTY.. P~o here~Y d . . the sheriff of York. COUNTY to execute.~tu '.aI"'ording to Jaw. This deputization bemg made at the request and risk of the plaintiff T ___~J! ' , SHERIFF OF "'J!III.COUNTY · SPECIAL'NSTRUCTlONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC!j UT 0 F CO U N T Y Clrnberland SERVE . AT { NOW ADVANCE FEE PAID BY CUMERLAND COUNTY SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION; N.D. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attaching any property under within wnt may leave same without a walchman. in custody of whomever is found in possession, after notifying person of levy or anachment, without liability on the part of such deputy or the sheriff to any plalnltff herein 'Of any loss, destrudioo. or removal of any property before sheriffs sale thereof 9 TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TElEPHONE NUMBER 11 DATE FILED JAMES T. SHOEMAKER. Esn. 70-287-3000 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BElOW (This area must be completed If notice is to be mailed) CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF TtE 5HERFF - DO NOT WRITE BELOW THIS LIE 13 lacknowtedgereceiptofthewrit 14. DATE RECEIVED '" complaWl' as onditated above M J. M C G I L 1/11 /2006 16 HOW SERVED PERSONAL ( RESIDENCE d POSTED ( ) POE ( I 17 (J I hereby certify and return a NOT FOUND because I am unable to locate the individual, company. etc. named above (See remarks below.) 18 22. REMARKS' 23 Advance Costs 33 Cas's Due Of Relund Check No 40 Costs Due or Refund 41. AFFIRMED and subscribed to beror me this 42. day of JaIl ,20 ~6.3 COMMONWEALTH OF PE NS~NOTARY NOTARIAL SEAL L1SAL BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY HER\FF'S R l ..... Signature of Dep. Sheri" 46. Signature of York County She"" For IJilliau 1/2t,NG H Hose,Sheriff i/:: <74 {.z.c~~'c. i 45 DATE 1. ? i - ,r j (!{" 47. DATE 50 I 48. Signature of Foreign County Shen" URN SIGNATURE 49 DATE ~E RECEIVED ,. WHITE -Issumg Authority 2. PINK Anorney 3. CANARY - Sheriffs Office 4. BLUE - Shentl"s Office ~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE Ci\LL (717) 771-96UI 45 N. GEORGE ST., YORK. PA 17401 Anthony Cole et al INSTRUCTIONS PLEASE TYPE ON. Y lJIIE 1 THRU 12 DO NOT DETACH ANY COPES 2 cfg~~3~'B~~vil 4. TYPE OF V\lR1T OR COMPLAINT Notice and Complaint SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIfF/51 TI\MMAC Corporation 3 DEFENDANT/51 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, Ere TO SERVE OR DESCRIPTION OF PRQPE-Rn- TO BE LEVIED, ATIACHED. OR SOLD Vnrk Exr.nvnting Cnmpany Tne 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORC. TWP. STATE AND ZIP CODE) 3096 E. Prospect Road York, PA 17402 OR Route 124 RD3 Box 77B 7 INDICATE SERVICE 0 PERSONAL 0 PERSON IN CHARGE "OEPUTIZE 1J ERT Il U 1ST CLASS MAIL U POSTED U OTHER yo:Cffil ,20_ I, SHERIFF OF ',\8RI( CO~UNTY' PA, do hereby d~eputlze the sheriff of COUNTY to execute this e return the ordlng to law. This deputlzatlon being made at the request and risk of the plaintiff --~ SHERIFF Of ~ DUNn' 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE L'Unberland SERVE .. AT { NOW OUT OF COUNTY Please mail return of service to CUmberland County sh~tt-~~f.r,LiNWnk you. ADVANCE FEE PD BY SHEHIFF NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.D. WAIVER OF WATCHMAN. Any deputy shenft levying upon or attaChing any property under withm wrrt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment wIthout liabIlity on the pairt 01 such deputy or Ihe sheriff to any plaintiff heretn for any loss, deStNction, or removal 01 any property before sheriff's $Ble thereof g. TYPE NAME and ADDRESS 01 ArTORNEY I ORIGINATOR and SIGNATURE '0 TELEPHONE NUMBER 11 DATE FilED JAt.1ES T~ ~:;:IDEi'L\[(Ll:: ;=SQ (<,0 ;'[T],;~D VE. [CII;jGSTON, I?A lt~704 570-2(<7-3000 12-15-05 't~~t7tr% S~(lJC1ffi'EEZ? WE AND ADDRESS BELOW (This area must be completed if notice IS 10 be malted) SPACE BElOW FOR USE oF THE stERFF - DO NOT WRITE BELOW TtlS lINE 13 lacknow\edgerecetp1of1hewrit 14. OATERECEIVEO 15, Expira\k)n/HearingOate orcomplainlasmOl<:O\ed_ve H. !~HnENS 12-30-05 1-14-06 16 HOW SERVED PERSONAL ( RESIDENCE ( } POSTED ( ) POEI ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BElOW 22. REMARKS ~ JJ Casls Ou 109 40 Costs Due or Refund .". AFFIRMED and subsctibed \0 before me this 42 dayot~~40 hKnARY 44. &gnatuce of Dep. Sheri" 46. Signature of Y County Sheri. fO} Liil}_icir.~ I1 hose, She:ci.ii 48 Signature 0' Foreign County Shenlf N SIGNATURE NOTARIAL SEAL USAL, BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES A " 50. I ["fiE R[SClPT {'if ~ OF AUTHORIZED ISSUING AUTHORITY AND TITLE I. v..tiITE . ISSUing Authority 2. PINK AttOl'ne'i 3 CANARY. Sheriffs OffIce <t. BLUE - Shenfl's Office c/1O/06 4'3 DATE ~-151 DATE RECEIVED --- - ~.,~..._~._,......... .~ , , HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESOUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (5701 287-3000 TAM MAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, iNC., and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANT. LOWE'S HOME CENTERS. INC.. TO PLAINTIFF'S COMPLAINT The plaintiff, Tammac Corporation. now by assignment. Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C.. hereby submits is answer to the preliminary objections filed on behalf of the defendant, Lowe's Home Centers, Inc. ("Lowes"), as follows: 1. Admitted in part and denied in part. By way of further answer, it is admitted that Tammac's complaint was filed on or about December 15, 2005. it is also admitted that Tammac's complaint was served on Lowe's on January 13, 2006 through its registered agent, CT Corporation System. However, Tammac's complaint was previously served upon Lowes at 1000 Lowes Boulevard, Mooresville, NC via certified mail on January 3,2006, as evidenced by the Cumberland County Sheriff's return of service. 704501.l 2. Admitted in part and denied in part. It is admitted that the defendants, Anthony Cole and Kathy Cole Uointly. the "Coles"), signed a note (the "Note"), evidencing their obligation to repay Tammac the principal amount of $21. 323.50 plus interest and other costs, if applicable. The remaining averments set forth in paragraph two of Lowes' preliminary objections are denied, inasmuch as, Tammac's complaint is a writing which speaks for itself. 3. The averments set forth in paragraph three of Lowes' preliminary objections are denied, inasmuch as, Tammac's complaint is a writing which speaks for itself. 4. Denied. The averments set forth in paragraph four of Lowes' preliminary objections are denied, ihasmuchas, Tammac's complaint is a writing which speaks for itself. 5. Tammac incorporates its previous paragraphs by reference pursuant to Pa.R.C.P. No. 1019(g). 6. Denied. The averments set forth in paragraph six of Lowes' preliminary objections are denied pursuant to Pa.R.C.P. No. 1029(d). 7. Denied. After reasonable investigation, Tammac is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph seven of Lowes' preliminary objections. By way of further answer, Tammac's investigation is continuing and Tammac will be serving discovery requests in order to attempt to obtain the information necessary in order to form a belief as the truth of the averments set forth in paragraph seven of Lowes' preliminary objections. 8. Admitted in part and denied in part. While the ownership of the property in question is a matter of public record, the party responSible for destroying the Coles' 1981 Victorian manufactured home bearing VIN IV7014CKD27138. in which Tammac maintained a security interest (the "Collateral"), is not. 704S0l.\ 2 9. Denied. The averments set forth in paragraph nine of Lowes' preliminary objections are denied, inasmuch as, Tammac's complaint is a writing which speaks for itself. 10. Denied. The averments set forth in paragraph ten of Lowes' preliminary objections are denied pursuant to Pa.R.C.P. No. 1029(d). WHEREFORE. Tammac requests this Court to deny and dismiss Lowes' preliminary objections. 11. Tammac incorporates its previous paragraphs by reference pursuant to Pa.R.C.P. No. 1019(g). 12. Denied. The averments set forth in paragraph 12 of Lowes' preliminary objections are denied either pursuant to Pa.R.C.P. No. 1029(d) or because Tammac's complaint is a writing which speaks for itself. 13. Denied. The averments set forth in paragraph 13 of Lowes' preliminary objections are denied pursuant to Pa.R.C.P. No. 1029(d). 14. Denied. The averments set forth in paragraph 14 of Lowes' preliminary objections are denied pursuant to Pa.R.C.P. No. 1029(d). 15. Denied. The averments set forth in paragraph 15 of Lowes' preliminary objections are denied pursuant to Pa.R.C.P. No. 1029(d). 16. Denied. The averments set forth in paragraph 16 of Lowes' preliminary objections are denied pursuant to Pa.R.C.P. No. 1029(d). 17. Denied. The averments set forth in paragraph 17 of Lowes' preliminary objections are denied either pursuant to Pa.R.C.P. No. 1029(d) or because Tammac's complaint is a writing which speaks for itself. 18. Denied. The averments set forth in paragraph 18 of Lowes' preliminary objections are denied pursuant to Pa.R.C.P. No. 1029(d). 704501_1 3 : WHEREFORE, Tammac requests this Court to deny and dismiss Lowes' preliminary objections. RESPECTFULLY SUBMITTED: Hourigan. Kluge.& Quinn, P.C. By: \ ~.~ James T. Shoemaker, Esquire 1.0. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 Dated: February 9, 2006 704501.1 4 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 TAM MAC CORPORATION. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 CERTIFICATE OF SERVICE I, James T. Shoemaker. Esquire, hereby certify that I am serving a true and correct copy of the foregoing answer upon the defendants, by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensburg, P.C. 111 N. Front Street P. O. Box 889 Harrisburg, PA 17108 L.C. Heim, Esquire Katherman, Heim & Perry 345 E. Market Street York. PA 17403 Anthony Cole 814 Heck Hill Road Lewisberry. PA 17339 Cathy Cole 814 Heck Hill Road Lewisberry. PA 17339 7045] 1.] , 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 (570) 287-8005 (fax) Dated: February 9, 2006 70451l.l 2 -n r ~~ c.,\ (-) ~ (-1 --;-\ rn?~\ c...) -"" ,'" r<' --~ ~ 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW ANTHONY COLE. CATHY COLE, YORK EXCAVATING COMPANY, INC.. and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF YORK EXCAVATING COMPANY, INC. The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan. Kluger & Quinn, P.C., hereby submits is answer to the preliminary objections filed on behalf of the defendant, York Excavating Company, Inc. ("YEC"), as follows: 1. Denied. The averments set forth in paragraph one of YEC's preliminary objections are denied pursuant to Pa.R.C.P. No. 1029(d). 2. Denied. The averments set forth in paragraph two of YEC's preliminary objections are denied. inasmuch as. Tammac's complaint is a writing that speaks for itself. 3. Denied. After reasonable investigation, Tammac is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph three of YEC's preliminary objections. Tammac's investigation is continuing and Tammac will 704527,[ , be serving discovery requests in order to attempt to obtain the information necessary in order to form a belief as to the truth of the averments set forth in paragraph three of YEC's preliminary objections. WHEREFORE, Tammac requests this Court to deny and dismiss YEC's preliminary objections. 4. Denied. The averments set forth in paragraph four of YEC's preliminary objections are denied. inasmuch as, Tammac's complaint is a writing which speaks for itself. 5. Denied. After reasonable investigation, Tammac is without knowledge or information sufficient to form a 'belief as to the truth of the averments set forth in paragraph five of YEC's preliminary objections. Tammac's investigation is continuing and Tammac will be serving discovery requests in order to attempt to obtain the information necessary in order to form a belief as to the truth of the averments set forth in paragraph five of YEC's preliminary objections. 6. Denied. The averments set forth in paragraph six of YEC's preliminary objections are denied. inasmuch as, Tammac's complaint is a writing which speaks for itself. WHEREFORE, Tammac requests this Court to deny and dismiss YEC's preliminary objections. RESPECTFULLY SUBMITTED: By: Hourigan. Klu~uinn, P.C. ~--- James T. Shoemaker. Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 704527.\ 2 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 Dated: February 9. 2006 704527.1 3 .. , . 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 TAM MAC CORPORATION. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC.. and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the foregoing answer upon the defendants, by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensburg, P.C. 111 N. Front Street P. O. Box 889 Harrisburg. PA 17108 L.C. Heim, Esquire Katherman. Heim & Perry 345 E. Market Street York. PA 17403 Anthony Cole 814 Heck Hill Road Lewisberry. PA 17339 Cathy Cole 814 Heck Hill Road Lewisberry, PA 17339 704521'-1 .., . By: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: February 9, 2006 70452%.\ RESPECTFULLY SUBMITTED: Hourigan, Kluger & Quinn, P.C. James T. Shoemaker, Esquire 1.0. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 2 C) c "" c.:::.l ,_;-J ,';", C) -n :=! _ '._ -r' ~ ,,, " -/1 ;--1 ~::J C~ r,-~ r...~ _::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 18704-5815 (570) 287-3000 T AMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCA V A TING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that 1 am serving a true and correct copy of the Plaintiff's Interrogatories to Defendant, York Excavating Company. Inc" pursuant to PA. R.C,P, No, 4006 upon the Defendants by depositing said document in the United States mail, first class. postage pre-paid, addressed as follows: Dennis R. Sheaffer. Esquire Tucker, Arensburg, P,C, 111 N, Front Street p, O. Box 889 Harrisburg, PA 17108 L.C. Heim, Esquire Katherman, Heim & Perry 345 E, Market Street York, PA 17403 Anthony Cole 814 Heck Hill Road Lewisberry, PA 17339 Cathy Cole 814 Heck Hill Road Lewisberry, PA 17339 706125.1 " By: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: February 21. 2006 706125,1 RESPECTFULLY SUBMITTED: Hourigan, Kluger & Quinn, P.C. ~s James T. Shoemaker, Esquire 1.0. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment. Tammac Holdings Corporation ......J -'-, ---;;.,. v ...------- 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 CERTIFICATE OF SERVICE I, James 1. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the Plaintiff's Request for Production of Documents Propounded upon Defendant, York Excavating Company. Inc., pursuant to PA. R.C.P. No. 4009.11 upon the Defendants by depositing said document in the United States mail. first class, postage pre-paid, addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensburg, P.C. 111 N. Front Street P. O. Box 889 Harrisburg, PA 17108 L.C. Heim, Esquire Katherman. Heim & Perry 345 E. Market Street York, PA 17403 Anthony Cole 814 Heck Hill Road Lewisberry, PA 17339 Cathy Cole 814 Heck Hill Road Lewisberry, PA 17339 706U6,1 ~ , By: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: February 21, 2006 706120.1 RESPECTFULLY SUBMITTED: Hourigan, Kluger & Quinn, P.C. \~SL- James T. Shoemaker, Esquire 1.0. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation {'\ ~--} '.,': c."; \.,..) ',1 ^~.~ 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 T AMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 CERTIFICATE OF SERVICE J, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the Plaintiff's Request for Production of Documents Propounded upon Defendant. Lowe's Home Centers, Inc., pursuant to PA. R.C.P. No. 4009.11 upon the Defendants by depositing said document in the United States mail. first class, postage pre-paid, addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensburg, P.C. 111 N. Front Street P. O. Box 889 Harrisburg, PA 17108 L.C. Heim, Esquire Katherman, Heim & Perry 345 E. Market Street York, PA 17403 Anthony Cole 814 Heck Hill Road Lewisberry, PA 17339 Cathy Cole 814 Heck Hill Road Lewisberry, PA 17339 706124,-t . ... By: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: February 21, 2006 7061N.l RESPECTFULLY SUBMITTED: Hourigan, Kluger & Quinn, P.C. ~ James T. Shoemaker, Esquire 1.0. No. 63871 Counsel for the plaintiff. Tammac Corporation, now by assignment, Tammac Holdings Corporation (... (,:J ."' ,-. -n ...---- ... 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LA W ANTHONY COLE, CATHY COLE, YORK EXCA V A TING COMPANY, INC., and LOWE'S HOME CENTERS, INC, Defendants NO, 05-6392 CERTIFICATE OF SERVICE I. James T, Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the Plaintiff's Interrogatories to Defendant, Lowe's Home Centers, Inc., pursuant to PA R.CF No, 4006 upon the Defendants by depositing said document in the United States mail, first class. postage pre-paid, addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensburg, P,C, 111 N. Front Street p, 0, Box 889 Harrisburg, PA 17108 L,C. Heim, Esquire Katherman, Heim & Perry 345 E, Market Street York, PA 17403 Anthony Cole 814 Heck Hill Road Lewisberry, PA 17339 Cathy Cole 814 Heck Hill Road Lewisberry, PA 17339 706121.] . '. RESPECTFULLY SUBMITTED: Hourigan, Kluger & Quinn, P.C. \ /-~--l By: James "I. Shoemaker~~~ire .- 1.0. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: February 21. 2006 706121.1 ~',; HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 83871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 1570\ 267-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF YORK EXCAVATING COMPANY. INC. The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"). by and through its counsel. Hourigan, Kluger & Quinn, P.C., hereby submits is answer to the preliminary objections filed on behalf of the defendant, York Excavating Company, Inc. ("YEC"), as follows: 1. Denied. The averments set forth in paragraph one of YEC's preliminary objections are denied pursuant to Pa.RC.P. No. 1029(d). 2. Denied. The averments set forth in paragraph two of YEC's preliminary objections are denied, inasmuch as, Tammac's complaint is a writing that speaks for itself. 3. Denied. After reasonable investigation, Tammac is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph three of YEC's preliminary objections. Tammac's investigation is continuing and Tammac will 704527.1 be serving discovery requests in order to attempt to obtain the information necessary in order to form a belief as to the truth of the averments set forth in paragraph three of YEC's preliminary objections. WHEREFORE, Tammac requests this Court to deny and dismiss YEC's preliminary objections. 4. Denied. The averments set forth in paragraph four of YEC's preliminary objections are denied, inasmuch as, Tammac's complaint is a writing which speaks for itself. 5. Denied. After reasonable investigation, Tammac is without knowledge or information sufficient to form a .belief as to the truth' of the averments set forth in paragraph five of YEC's preliminary objections. Tammac's investigation is continuing and Tammac will be serving discovery requests in order to attempt to obtain the information necessary in order to form a belief as to the truth of the averments set forth in paragraph five of YEC's preliminary objections. 6. Denied. The averments set forth in paragraph six of YEC's preliminary objections are denied, inasmuch as, Tammac's complaint is a writing which speaks for itself. WHEREFORE, Tammac requests this Court to deny and dismiss YEC's preliminary objections. RESPECTFULLY SUBMITTED: By: Hourigan, Klu~uinn, P.C. ~ ------- James 1. Snoemaker, Esquire 1.0. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 704527.1 2 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 Dated: February 9. 2006 704527.1 3 " HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION flY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 16704-5615 15701287.3000 TAM MAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 CERTIFICATE OF SERVICE I. James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the foregoing answer upon the defendants. by depositing said document in the United States mail, first class. postage pre-paid. addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensburg, P.C. 111 N. Front Street P. O. Box 889 Harrisburg, PA 17108 LC. Heim, Esquire Katherman, Heim & Perry 345 E. Market Street York, PA 17403 Anthony Cole 814 Heck Hill Road Lewisberry, PA 17339 Cathy Cole 814 Heck Hill Road Lewisberry, PA 17339 704528.1 By: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: February 9, 2006 704528.1 RESPECTFULLY SUBMITTED: Hourigan, Kluger & Quinn. P.C. ~ -->----- James T. Shoemaker, Esquire J.D. No. 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 2 USHC PAM - LlVE - V2.7E Page I of] Open New Bankruptcy Case Fee: $189 U.S. Bankruptey Court Middle District of Penusylvania l\jotice ofRanknIl'tcv ('a5e Fi/in!.' The following transaction was received from James M Bach entered on V31l006 at 3:39 PM EST and filed on 2/3/2006 Case Name: Anthony L Cole and Cathy L Cole Case Number: ] :06cl?kcQ.QJ:;') Doeument Number: 1 Docket Text: Chapter 13 Voluntary Petition. Filing fee due in the amount of$I89.00 filed by JamesM Bach on . behalf of Anthony L Cole , Cathy L Cole. (Bach, James) The following docmnent(s) are associated with this transaction: Document description:Main Document Original filename:C:\ECF\COLEANTH\Petition.PDF Electronic document Stamp: [STAMP bkecfStamp _ID= 1009835235 (Date=2/31l006] [FileNumber=2775307-0] [579a4 I 9363d5b78e9c535bb440d5edOdOdba6al 7 139dc3616726679aOb28 7f34cb7f 6b62ec676a5924a08Icbd5768bOOd4l440024Id44c994da34ad22746745e]] 1:06-bk-00159 Notice will be electronically mailed to: James M Bach jamesbach@comcast.net United States Trustee ustpregion03.haecf@usdoj.gov 1:06-bk-00159 Notice will not be electronically mailed to: . https://ecf.pamb.uscourts.gov/cgi-bin/Dispatch.p1?lnI13l69OO5475 2/3/2006 1......_11",---- . I United States Bankruptcy Court '.-.'" . Middle District of Pennsylvania Voluntary Petition...... Name ofDeblor (if individual. <ntl:< Last, First, Middle): Name of Joint Deblm (S_) (Last, F.... Middle): Cole, Anthony L Cole, Cathy L All Olhe< Names used by the Debtor in the last 8 years AD Ofhe< Names used by the Joint DclIloc ill the last 8 years (inelude manied, maiden. and trade names): (ia.lude mmied, maideo, and tJade DlUllCS~ AKA Cathy L Nokes Last fuurdigi15 of Soc. SeclComp\elJe aN or_Tax ID No. ("....___.. Last four digils of Sac. See.A:::omp\ele aN ... _ TaxID No. (if--...-oIl xxx-xx-9310 xxx-xx-7137 Street Address ofOelXor (No. <II: Stl<<t, City, and Slano): SIreet Address of Joint Deblm (No. '" S...... City, and Slate): 814 Heck HiD Road 814 Hecht HHl Road Lewl$beny, PA Lewlsbeny, PA m:Code ZIP Code 1 39 17339 County ofResidc:nce or ofd1e Principal Place of Business: County of Residence or of the Principal Place of Business: York York Mailing Address ofDeblnr (if cfilli=>t Iiom _ address): Mailing Address of Joint Debroc (ifdi1feR:ut fiom....... addross): ZIP Code ZIP Code I Locatio. ofPriacipaJ Asscu ofBuSiaess DebIor- (if diffioeat from street address above): Type of Debtor (Fona ofOIpaization) Natare .fBu.smess Chapter of -pk)' Code U.der Midi (OId_bo.) (a.eck aU ~ bo....) . CIte _Is Flied (0Ieclt ooe box) . Individual (includes Joint Debtors) o Health Care Business . o Chaptl:< 7 o Chapter II . 0 Chapter 15 Petition for Rccogaitioo : o CoIpO..tioa (includes LLC aad UP) o Single Asset ReaI\lslate as defined in II U.S.CO ~ 101 (SlB) ora ForcigD Main Procecdiog , o l'artaership o Railroad o Chaprer 9 o Chapter 12 o Chapter 15l'etition fur Rccogajtioa o Other (lfdeblnr is not one of1he above ofa Foreiga Nomaaio Proce<ding entities, check this box and provide the o Stockbroke< 8 Chapter 13 infonnation requestN below.) o Commodity Broter State type of entity; o Cleariag Bank Natare ofDehl5 (OIecltone bo.) o Nonprofit Orgaaizatioo qualified . CousumerJNon-Business o Busiaess UDder IS US.C.1501('X3) Filing Fee (Cbock ODe box) Chapler II Debto.. . Full FWng Fee auacbed Check one box: o Filiag Fee to be paid in inslallm<nl5 (AppliCllble to imlividuals only) Must o Debtor is a small business debtorasde6ued ia 1I US.C. ~ 10I(SID). attach sigued application fur the cowt's coasidemiou certiJYing that the debtor o DebIor-is .ota small business debtor as de6ued in II US.C. ~ 101(5ID). is unable to pay fee except: in installments. Rule l006(b). See: OffielDI Form 3A. o Filing Fee waive< requested (Applicable to chapter 7 imlividuals oaIy). Must Check if. attach signed application for the court's consideration. See 0f5ciaI Form 3B. o Debtm:'s aggregate uoocootiugeut liquidated debts owed to uoo-insiders or affiliates are Jess tbaa $2 miJlioo. StatistkalfAdmhUstradve IaformatioD. nus SPACE IS FOR OOURT USE ONLY o Debtor estimates _ fimds will be available for distributiuo to uusecured creditorn. . Debtor estimates lbat. after auy ""<mpt property is excluded IUd admiaislrative expc:uses paid. there will be uo funds .vailable fur dislributiou to uusecwed ereditots. o.timaled NumberofCredi1ms 1- 50- 100- 2<10- 1000- 5001. 10,001. 25.001- 50.001- OVER 4' 99 19' 999 5_ 10,000 25.000 50.000 100.000 100.000 8 0 0 0 0 [] 0 0 0 [] ~timated Assets SOlD $50.001 to $100.001 (0 $500.001 to $1,000,001 to $10.000.001 10 $50.000.001 to More.... $50,000 $)00,000 $500.000 SlmiDion SIOmillion $50 minion $IOOmiUion $100 million 0 0 8 0 0 0 0 0 :stimated Debts SO., $50.001 to $100.00110 $500,001 to $1.000.001 to $10,000,00 I to $50.000.001 to More.... $50,000 $100_ $500_ Slmillioo $IOtniUion S:50nu1tioJl $\00 minion $100 miIrlOn 0 0 8 0 0 0 0 [] . . OfticlaIF..rm n ~ft~~ Voluntary Petition FORM 81 p""" 2 Name ofDeblor(s): Cole, Anthony L (This page must be complelell and filed in every case) Cole, Cathy L PrIor Bankrap"'Y C_ Filed Within Last 8 Years (If more than ODe, auach additional sheet) Case Number. Dare Filed: Location Where Filed: - None _ Pending Baukrop"'Y Case FlIed by aDY Spouse, Partner, or AfliIiale of d1ls Deb..r (If more than one, aIIad1 additional sheet) Name of Debtor: Case Number: Dale Filed: - None - District Relationship: Judge: Exlu"blt A (To be completed if debtor is required 10 file periodic reports (e.g., fonns 10K and IOQ) with the Securities and Exchange Commission pursuant to Section 13 or I S(d) of lite Securities Exchange Act of1934 and is requesting relief under chapter II.) o Exhibit A is allached and made a part of this petition. Exhibit C Does the deblor own or bave possession of any propaty that poses or is alleged 10 pose a threat of imminent and identifiable harm to public healllt or sately? o Yes, and Exhibit C is attached and made a part of!his petition. .No Emlbit B (fobccompl_;t'clebloris..ilIdividuoJ__...priIIIarily~_) I, the aUomey fur the petitioo..- _ in the furesoinB petitioo, dcdare 1hat I ba.einformed the pelition..-1hat [he or"e) may proceed _chopler 7, II, 12, or 13 of tide II, UDited Slates Code. and have explained the reliefavaiJable under each such cbapta-,. I lfurthercel'lilY1hatl' "'lhe~~.. ~1IOlicen:quired&yg342(b)Of the Baokruploy Code. I.... J. IS C-~ X JsI James M. ~tc E.....71" Februarv 3 2006 Signatme of fur Debtot(s) Dale James M. D_~ ~ .-. 18727 Certification ConceroJog Debt Counseling by Individual/Jomt Deblor(s) . I/we bave received approved budget and ClOditcomiseling during lite 180-day period preceding lite filing of 1bis petition. o I/we request a waiver of the requirement to obtain budget and ClOdit counseling prior to filing based 00 exigent circumstances. (Must attach certification describing.) Jnf?rmaiion Rtprding the Deb..r (Check the Applicable Boxes) Venue (Check MY applicable box) . '. . Debtor has been domiciled or has had a residence, principal place ofbosiness, or principal assets in this District for 180 days immediately preceding the date oflhis petition or for a longer part of such 180 days than in any other District o There is a bankruptcy case concerning debtor's affiliare, general partner, or partnership pending in this District o Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United Slates in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or stile court) in this Dislric~ or the inleresls of the parties wJ1l b. served in reganI to the relief sougbt in this District. Sbrtement by a Debtor Who Resides as a Tenant of Residential Properly Check aU applicable boxes. o Landlord has a judgment againslllte debtor fur possessioo of deblDr's residence. (/fOO. checl<ed, complete Ihe following.) (Name ofhmdlonl1hatobWncdjodgment) (Address of landlord) o D.blDr claims that under applicable nonbanktuprey law, lIIere are circumstances under which Ihe dchtor would b. pennitted to cure the entire monetny default that gave rise to the judgment for possession, after the judgment for possession was entered,. and o Debtor has incloded in this petition the deposit willi the court of any reot that would bc<:ome due during lIIe 3lH1ay period after the filing of the petition. Qfticial Form I 0 Volunt:rry Petition (This page must be completed and filed in every case) SigDature(s) ofDeblor(.) (ladivldaallJolot) I declare under penalty of pe<jmy tbal the illfonnation provided ill this petition is true and correct. [If petitionee is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7J I am aware tbal I may proceed under c:!IapIer 7, II, 12, or 13 of IitIe II, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no ban\aupfr:y petition preparer signs the petition] I have obtained and read the notice required by ~342(b) ufthe B8Dlauptcy Code. I request ",lief in acoordance with the c States Code, specified in this . X IsI Cath L Cole Signature of1uin! Debtor C Telephone Number (If not represented by attorney) February 3, 2006 Date Siguature of Attorney ft X 1s1 James M. Bach E . Signature of Attorney foT ~ . J mes . ch E . 18 Printed Name of Attorney for D Attorney James M. Bach Finn Name 352 S. Spurting Hill Rd. Mechanlcsburg, PA 17050 Address (717) 737-2033 Telephone Number February 3, 2006 Dale Signalure of De bloT (CorporationIPartDersbip) I declare under penalty of pe<jmy that the intimnation provided in this petition is true and com:ct, and that I have been au1horized to file this petition on behalf of the debloT. The debtOT requests relief ill accordance with the chapter of tide II, United States Code. specified in this petition. X Signature of Aulhorized Individual Printed Name of Authorized Individual Title of Authorized Individual Dale FORMBI P 3 Name ofDebto1(s): Cole, Anthony L Cole, Cathy L Sigualures SigDalure of a Foreign Represealative I declar<: under ~ of pajuty tb&t lhe _ provided in tIris petition is lIue and correct, lhall am lhe furQgn rqrcs<:atative of a cleb10r ia a fureign proceediag. aDd lhall am authorized to liIe tIris peDtion. (<l>eck 0IIly.... box.) o I "",nest relief in oc:conIance wilh c:bapIor LS of title L1. Uniled Slates Cade. Cer6fied copies of1be doc........ roquired by fLSIS of tide lI....attaehcd. o Punuant to flSLI of title LI. Uniled States Code, I n:quest relief in acror- dance wilh lhe c:hapIer of title II apcciIied in this peDtion. A caUficd copy oflhe ooIer puting n:cognitioJlof1be furQgn maia proceedios is _cd. X Signature ofFon:ign Represeotative Printed Name of Foreign Represeufatlve Date Slgaal1lre of NOD-Attorney Bankrapky Petilioa Preparer I declare under penalty of peljmy that (I) I am a bankruptcy petition preparer as defined in II U.S;C. ~ 110; (2) 1 pn:pmed this document fur compensation and have provided the debtor with a copy of this document and the notices and infunnation required under I I U.S.C. U 11O(b), 110(11), and 342(b); and, (3) ifmles or guidelines have been promulgated pursuant to II U.s.C. ~ 110(11) se' a maximum fee fur ~ces chiugeiible by banlauplcy petition pn:parers, I have given the dCbtor notice of the maximlUll amount before preparing any document for filing for a debtor or accepting any fee ftorn the debtor, as required in tbal section. Official Fonn 19B is attached. Printed Name and title, if any, ofBankruptcy Petition Preparer Social Security number (If the bankruJpey petition preparer is not an individual, state the Social Security nmnber of the officer, principa~ responsible person or partner of the bankruptcy petition preparer.)(Required by II U.S.C. ~ 110.) . Address x Date Signature of Bankruptcy Petition Preparer or officer, principal, responsible person,or partner whose social security number is provided above. Names and Social Security numbers of all u1her individuals who prepared or assisted in preparing this document unless the banIcruptcy petition prepare< is not an individual: If more than one person prepared this documen~ attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer's jiJilure to comply with the provisWIIS of title II and the Federal Rules ofBan/crupu:y Procedure may resulJ in fines Dr imprisonment or both 1 I u.S.C. }llO; 18 US.c. fI56. . ..',.') -:-1 c. \ ,'.-' c -n '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 1B704 (5701 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW ANTHONY COLE, CATHY COLE, YORK EXCAVATING COMPANY, INC., and LOWE'S HOME CENTERS, INC., Defendants NO. 05-6392 PRAECIPE TO DISCONTINUE CASE WITHOUT PREJUDICE TO: Prothonotary Kindly disoontinue the plaintifi's action in the abovo-rcCcrcnc:ed matter without prejudice. Thank yon. Respectfully submitted, :i~G:~. f.mu.. 1. or Utre Id No: 63871 ' Counscl for the plaintiff 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: July 14, 2006 726355.1 c , <-- ',\ :-:--3_.,_