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HomeMy WebLinkAbout06-2031 , << HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHEOMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570\287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CNIL ACTION - LAW MILDRED D. HOLLAND, Defendant REPLEVIN No.: 0(.,- ~62 { CiuLL ~M-J NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 7\\474.1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 -or- PENNSYLV ANlA 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. BY: L/~ ~ James T. S maker, Esquire LD. No.: 63871 Counsel for the plaintiff, Tammac Corporation, now byassignment, Tammac Holdings Corporation 711474.1 2 HOURIGAN, KLUGER & QUINN to. P?OfE5SI0NAl CORPORATION ALLAN M. KLUGER RICHARD M. GOLDBERG RICHARD S. BISHOP JAMES T. SHOEMAKER MICHEllE M OUINN DAVID AIKENS, JR DfWIQ 'N. SABA AMANDA V WRIGHT-KLUGER MICHAEL T !3LAZICK JOSEPH A. QUINN, JR ARTHUR L. PICCONE JOSEPH E. KLUGER DONI\LD C. lIGOPID RICHARD M. WILLIAMS TERRENCE ,J_ HERRON JEI~NIFER t. ROGFRS' MICHAEL A LOMBARDO III KELLY M. OCHREITER LAW OFFICES SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON. PA 18503-:(014 (!>70) 346-8414 F.....CSIMILE (5'70) 961-507? 600 THIRD AVENUE KINGSTON, PA 18704-5B15 (570) 287'3000 FACSIMILE (570) 287,8005 E-MAIL: hkq@hkqpc.com OFCDUNSEL ?OBE1'l1 C. CORDARO ANDREW HOURIGAN,.JI< 1948-1978 "ALSO MfM8ER NJ BAR April 6, 2006 Mildred D. Holland 5169 E. Trindle Road #35 Mechanicsburg, PA 17055 RE: Account No.: Property Address: 05-1223 5169 E. Trindle Road # 35. Mechanicsbunl:. 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, ~---- James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 711477.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHEOMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704,5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: ()(., - <203, COMPLAINT C~l-( ~&L~ The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Mildred D_ Holland ("Ms. Holland"), 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. 711478.1 2. Ms. Holland is an adult individual having a last known address of 5169 E. Trindle Road #35, Mechanicsburg, P A 17055. 3. On or about February 10,2005, Tanunac made a loan to Ms. Holland in the amount of $45,706.50, as evidenced by a note, disclosure and security agreement (collectively, the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 4. In order to induce Tammac to make the aforesaid loan, Ms. Holland granted Tammac a security interest in her 2002 Redman manufactured home bearing Serial No. 12238693AB (the "Collateral"), as evidenced and perfected by a certificate oftitle (the "Certificate of Title"). (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Note was not assigned, except as stated above. Tammac is the successor in interest to Tammac Corporation. 6. Ms. Holland defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 7. Ms. Holland is due for her November 10, 2005 payment. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Holland under the Note. 8. Tammac believes and therefore avers that Ms. Holland has possession of the Collateral. 711478.] 2 9. Ms. Holland has failed and refused, despite repeated demands by Tanunac, to pay the balance due under the Note or to deliver possession of the Collateral to Tanunac. 10. The balance of the Note as of March I, 2006 was $47,446.83, consisting of principal in the amount of $44,747.95, accrued interest in the amount of $2,646. 88 and late charges in the amount of$52.00, exclusive of attorneys' fees and costs. WHEREFORE, Tanunac demands judgment in replevin in favor of Tanunac and against Ms. Holland in the amount of $47,446.83, plus interest from March 1, 2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ~~ James T. Shoemaker, Esquire ill No.: 63871 Counsel for the plaintiff, T anunac Corporation, now by assignment, Tanunac Holdings Corporation 600 Third Avenue Kingston, PAl 8704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 6, 2006 711478.1 3 VERIFICATION I, Amanda Heiges, hereby ceJ1ify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation, I have the authority to make this verification on its behalf. The statements contained in the foregoing complaint arc 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. ~. ~'- d~ ;) Am' nda Heiges ~ 711~K() ] -----", Borrower(s) Lender Mildred D Rolland Tarnmac Corporation 5169 E Trindle Rd 1135 275 Mundy Street 2/10/2005 Mechanicsburg, PA 17055 Wilkes-Barre, PA 18702 Date A phrase. clause, or paragraph 0 this form that is preceded by a that is not checked does not appl to this loan. "I" means each Borrower above, jointly and severally. "You" means the Lender, its successors and assigns. Note - For value eecei'led, I promise to pay to you, or your order, at your address above, the principal sum of: Fortv-five thousand seven hundred six and 50/100 Dollars $ 45706.50 plus interest from 2/10/2005 at the rate of 15 % per year until 2/10/2017 o Post Maturity Interest - After maturity the unpaid balance of principal will earn interest at the rate of % per veae, o Additional Rnanee Charge - I also ageee to pay a nonrefundable fee of $ and it will be o paid in cash. 0 withheld f( m the proceeds. {If this fee is withheld from the proceeds, the amount is included in the principal sum.' Payments - The number, amount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. late Charge. If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - TO PURCHASE A MOBILE HOME o Bad Check Charge - I agree to pay a charge of $ if I make a payment with a check that is dishonored. This Loan Made Under. o This loan is secured by , dated 2/10/2005 (XI Security Agreement - \ give you a security interest in the Property described below. The rights I am giving you in this Property and the obligatio s this agreement secures ace defined on page 3 of this agreement. 2002 56' X 28 ' Redman 12238693AB ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 15.73 % $ 54474.00 $ 44310.00 $ 98784.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 144 686.00 Beginning 3/10/2005 and on the 10th of each successive month thereafter. Security - I am giving a security interest in: o (description of other property) [Xl the Goods or Property being purchased. 5169 E Trind\e Rd #35 Mechanlcsburg PA 17055 o Collateral securing other loans with you may also secure this loan. rxJ Late Charge - I agree to pay a late charge equal to 10 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ , whichever is Prepayment -If I payoff this note early, I will not have to pay a penalty. 0 If I payoff this note early, I will not be entitled to a refund of part of the finance charge. (XI Assumption - Someone buying the property securing this loan o may [XJ cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. o If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability" unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage!. You are quoting below ONLY the coverages I have chosen to purchase. Credit Life. 0 Single 0 Joint Insured Premium $ Teem Credit Disability - 0 Single 0 Joint Insured Premium $ Term Credit Unemployment - 0 Single 0 Joint Insured Premium $ Term Name! of Insurance Company My signature below means I want (only) the insurance coverage(sJ quoted above. If none are quoted, I have declined all coverages you offered. X D.0.8.2LJoJftQOQ v 0.0.8. X 0.0.8_ ~ PLAINTIFF'S 0.0.8. ~ EXHIBIT @1997 B""I<e's Sys\ems. h1C., St_ Cloud. MN Form FC-SI-DN-PA 3 ~ ~ {~ (page' of JI , ttemizatlon of Amount Financed Amount paid to me directly $ 0 00 Amount paid on my account $ Amounts paid to others on my behalf* To insurance companies $ 1254 00 To public officials ~ ming fees only $ To public officials. other than filing fees $ Amount pd on your behalf $ 44310.00 Buydown $ Additional Finance Fees $ 142.50 $ $ {Minus) Prepaid Finance Charge $ 1396.50 Amount Financed $ 44310.00 *You may retain or receive a portion of these amounts. o P,operty losu ;) - Property insurance is required. I may ot sin property insurance from anyone I want that is acceptable to you. lt I get the insurance from or through you, I will pay $ 0.00 for of coverage. Insurance Commissions - I understand and agree that any insura ce premiums paid to insurance companies as part of this loan will Jov Ive money retained by you or paid back to you as commissions or 0 ~er remuneration. ADDITIONAL TERMS OF THE NOTE Definitions - "'," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties/ who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa,C,S.A. Section 5601 at seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. Name and Location - My name and address indicated on page 1 are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or princ'pal residence. Commissions or Other Remuneration ~ I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. Prepayment ~ I may prepay this loan in whole or in part at any time. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default. on such date. Default - I will be in default on this loan and any agreement securing this loan if: 1. I fail to make a payment in full when due; or 2, Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date at the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3, You may demand more security or new parties obligated to pay this loan lor both) in return 10r not using any other remedy. 4. You may make a claim 10r any and al/ insurance bene1its or refunds that may be available. @1997 Bankers Systems. Inc., 51. Clovd. MN Form FC-51-DN-PA 3114/2002 If I default and you choose not to exercise a remedy, you do not lose t e right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the co s you incur to collect this debt or realize on any security. This includes yo reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim 1 r relief under any bankruptcy rule or law af the United States, or if su h petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this 10 n is independent of the obligation 01 any other person who has also 8gre d to pay it. You may, without notice. release me or any of us, give up a y right you may have against any of us, extend new credit to any of us, r renew or change this note one or more times and for any term, and I w II still be obligated to pay this loan. You may, without notice, fail to perfe t your security interest in. impair, or release any security and I will stili-t obligated to pay this loan. Waiver - I waive (to the extent permitted by law) demand, presentmen , protest, notice of dishonor and notice of protest. Financial Statements - I will give you any financial statements r information that you 1eel is necessary. All financial statements an information 1 give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you ma include the name of the seUef on the check. or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if. on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan, These terms will supersede anything to the contrary in this form: 1. The late charge, if there is one, will not apply to the final scheduled installment. 2.PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below. we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if t 1) you have abandoned the Manufactured Home, (21 you received two notices in the prior one-year period, or (31 other extreme circumstances exist. (page 2 of 31 I ,. ADDITIONAL TERMS OF THE SECURITY AGREr -NT Secured Obligations ~ This security agreement secures this loan (including all extensions, renewals. refinancings and modificationst and any other debt I have with you oow or tater. Property described in this security agreement will not secure other such debts if and to the extent the property: 1. constitutes my principal residence; or 2, is household goods. This security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan; and 2. Payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, it any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. ~Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings at such loan. Property - The word "Property, II as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights). It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. ~Proceeds" includes anything acquired on the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the Property. Ownership And Duties Toward Property - Unless a co-owner's) at the PI'I)pert;' signed a third party agreement, I represent that I own all the Pr'operty. I will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. I will keep the Property in my possession (except it pledged and delivered to you). I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. I will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. I will name you as loss payee on any such policy. 2. You may require added security on this loan it you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, will pay the difference. @1997BankersSystems, Inc, St. Cloud, MN Form FC-SI.DN_PA 3/14/2002 4. I will keep the insurance until all debts secur'ed by this agreement are paid. If I do not buy, maintain, and anange to have you named as loss pa ee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insur'ance to protect ur interest in the Property. 2. The insurance you buy may be from an agent or company I might ot choose. 3. The insurance will not Cover my equity in the Property. 4. The premium you pay may be substantially higher than the premiufn I might be required to pay tOr' the insurance I have agreed to buy on is note. Default And Remedies - If I am in default, in addition to the reme< es listed in the note portion of this document, you may (subject to ny applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I ail to do these things (but you are not required to do sol. You may d the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in tull; 2. Require me to gather the Property and any related records and mak it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me ot your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intend d sale or disposition. I agree to inform you in writing of any change in y address. Perfection of Security InterelOt - I authorize you to file a financi 9 statement covering the Property. I agree to comply with and facifita e your requests in connection with obtaining possession of or control ov r the Property until this security agreement is terminated. I agree to pay II actual costs of terminating your security interest. Signatures - I agree to the terms on pages 1. 2 and 3 of this agreement I have received a copy of this document on today', date. COSIGNERS - SEE SEPARATE NOTICE BEFORE SIGNING. Signature 71J)h.LJ'f), ;(/A.-~ Signature Signature Signature (page 3 of 3) .:> r') n .. .. ::> n n TllI.fO.tl;o S~NiiWREOFAl'I>i..ICANTOfjAuT1iORIZEDS'CNEfl PLAINTIFF'S EXHIBIT n .~,~~AT~RE OF CC>-APPUCANTfllllE OF AUWOR<lFD SIG'jER p ~ 8 -,::J <F\ l'-n"' , (".., t- ~ -r1 V\ U( - - 0 ,."~ - C..~ ~ }-.J r - " l;- \" -:,. ;D .--x::, F . . c> c. HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHEOMAKER. ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (5701287-3000 T AMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant ~ No.: 01.. - ~{)3i 0'-0:( ~~ PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tanunac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075.1, its motion for writ of seizure, against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendant. (A true and correct copy of plaintiff's complaint in replevin is attached hereto pursuant to 711483.1 , Pa.R.C.P. No.I075.1(b), incorporated herein by reference pursuant to Pa.R.C.P. No.1019(g) and marked as Exhibit "1.") WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: -- James T. Shoemaker, Esquire ill No.: 63871 Counsel for the plaintiff, Tanunac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 6, 2006 711483.1 2 VERIFICA nON J, Amanda Heigcs, hcreby certify that 1 am a Paralegal with Tammac Corporation, now by assignmcnt, Tammac Holdings Corporation. 1 have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief I understand that this verification is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. ~,,^,,<k ciL,,J ma da Heiges '6 711-1K-I,] HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY; JAMES T. SHEOMAKER. ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON. PA 18704-5815 15701 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: COMPLAINT The plaintiff, Tanunac Corporation, now by assignment, Tanunac Holdings Corporation ("Tanunac"), by and through its counsel, Hourigan, Kluger & Quinn P.c., hereby complains against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: I. Tanunac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 711478.1 ~ PLAINTIFF'S ~ EXHIBIT w ~ "' ~ 2. Ms. Holland is an adult individual having a last known address of 5 169 E. Trindle Road #35, Mechanicsburg, PAl 7055. 3. On or about February 10, 2005, Tanunac made a loan to Ms. Holland in the amount of $45,706.50, as evidenced by a note, disclosure and security agreement (collectively, the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 4. In order to induce Tammae to make the aforesaid loan, Ms. Holland granted Tanunac a security interest in her 2002 Redman manufactured home bearing Serial No. 12238693AB (the "Collateral"), as evidenced and perfected by a certificate of title (the "Certificate of Title"). (A true and correct copy ofthe Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Note was not assigned, except as stated above. Tanunac is the successor in interest to Tanunac Corporation. 6. Ms. Holland defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 7. Ms. Holland is due for her November 10, 2005 payment. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tanunac by Ms. Holland under the Note. 8. Tammac believes and therefore avers that Ms. Holland has possession of the Collateral. 711478.1 2 9. Ms. Holland has failed and refused, despite repeated demands by Tanunac, to pay the balance due under the Note or to deliver possession of the Collateral to Tanunac. 10. The balance of the Note as of March I, 2006 was $47,446.83, consisting of principal in the amount of $44,747.95, accrued interest in the amount of $2,646.88 and late charges in the amount of$52.00, exclusive of attorneys' fees and costs. WHEREFORE, Tanunac demands judgment in replevin in favor ofTanunac and against Ms. Holland in the amount of $47,446.83, plus interest from March 1,2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ~~ James T. Shoemaker, Esquire ill No.: 63871 Counsel for the plaintiff, Tanunac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 6, 2006 711478.1 3 VERIFICATION I, Amanda Heiges, hereby certify that 1 am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. 94904 relating to unswom falsification to authorities. ~~~.,J . Am nda Heiges 711480_1 -j I~) c.; -.,- r.-j '.~ .1;' TAMMAC CORPORATION, now by Assignment, TAM MAC HOLDINGS CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. REPLEVIN MILDRED D. HOLLAND Defendant 06-2031 CIVIL ORDER OF COURT AND NOW, this 24th day of April, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will fife an answer to this petition on or before May 15, 2006; 3. A copy of said answer will be filed with this Court; 4. The petition shall be decided under Pa.R.C.P. No. 206.7; 5. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing shall be held on the 22"d day of May, 2006, at 1 :30 p.m. in Courtroom NO.5 of the Cumberland County Courthouse. If no answer to the Rule to Show cause is filed by the required date, the relief request by Plaintiff shall be granted. By the Court, ,~ M. L. Ebe~J~, J. .lJames T. Shoemaker, Esquire Attorney for Plaintiff/Petitioner .,t1ildred D. Holland Defendant bas .D\P .\ ,)..\9 0'" r", -,." " HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON. PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: 06-2031 NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: Mildred D. Holland 5 169 East Trindle Road #35 Mechanicsburg, PAl 7055 You are hereby notified that I. Plaintiff has commenced an action of replevin and has filed a motion for writ of seizure of the property described in the complaint. A copy of the complaint, the motion for writ of seizure and the brief in support of motion for writ of seizure is attached to this notice. 2. There will b~ hearing on this motion for writ of seizure on May 22, 2006, at I :30 p.m., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, P A 17015, Court Room No.5. 716215.1 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. 4. Your failure to appear at the hearing may result in the seizure ofthe property claimed by the plaintiff before a final decision in this case. Respectfully submitted, BY: HOURIGAN, KLUGER & QUINN, P.C. \_~- James T. Shoemaker, Esquire ill No.63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: May 3, 2006 716215.1 RECE~\T1'=,1) APR 1 7 Z006 b "-> BY: (} "", .~ c' :x> -I -;J :r: ...,., ::;l.; rnF -,..,,-.: (:) ~~~~ 6 ~, ci"';. -'l -r:< c ~- 'c,;(~ i:~.5r-q . ' -~ ')> '.0 '< -":2 CJ C, HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHEOMAKER. ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON. PA 18704-5815 (570\287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: Ole. - c;(63 I NOTICE C,~~L'1-02-lv] YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 711474.1 , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-I133 -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. L7~~ ~ BY: James T. Sh~~ Esquire LD. No.: 63871 Counsel for the plaintiff, Tammac Corporation, now byassignment, Tammac Holdings Corporation 711474.1 2 , HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION ALLAN M. KLUGER RICHARD M. GOLDBIORG RICHARD S 61$HOl-' JAMES T. SHOEMAKER MICHEllE M. QUINN DAVID AIKENS. JR DAVID W SASA AMANDA V WRIGHT-KLUGER MICHAEL T 6LAZICI< JOSEPH A. QUINN, JR ARTHUR L PICCONE JOSEPH E. KLUGfR DONALD C LlGORID RICHARD M. WilLIAMS TERRENCE J. HERRON .I!ONNIFER L. ROGERS' MICHAEL A LOMBARDO III KELLY M. OCHREITER LAW OFFICES SUllE TWO HUNDRED 434 lACKAWANNA AVENUE SCRANTON. PA '85()3.~014 {57Q} 346-8414 FACSIMILE {57(l', IJ-t; \ -507') 600 THIRD AVENUE KINGSTON, PA 18704-5815 (510) 287-3000 FACSI MILE (570) 287-8005 E-MAIL: hkq@hkqpc.com OF COUNSEL ROBERT C, CORDARO ANDREW HOURIGAN, JR 1948.1978 'ALSO MEMBER NJ 8"'-R April 6, 2006 Mildred D. Holland 5169 E. Trindle Road #35 Mechanicsburg, PA 17055 RE: Account No.: Property Address: 05-1223 5169 E. Trindle Road # 35. Mechanicsbufl1:. PA 17055 IMPORTANT NOTICE THIS NOTICE IS SENT TO YOU IN AN A'ITEMPT 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 WRlTIEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, ~-- James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 711477.1 ,/ HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHEOMAKER. ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFtCES 600 THIRD AVENUE KINGSTON. PA 18704.5815 (570\ 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: COMPLAINT The plaintiff, Tanunac Corporation, now by assignment, Tanunac Holdings Corporation ("Tanunac"), by and through its counsel, Hourigan, Kluger & Quinn P .C., hereby complains against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: 1. Tanunac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 711418.1 . 2. Ms. Holland is an adult individual having a last known address of 5 I 69 E. Trindle Road #35, Mechanicsburg, P A 17055. 3. On or about February 10, 2005, Tanunac made a loan to Ms. Holland in the amount of $45,706.50, as evidenced by a note, disclosure and security agreement (collectively, the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 4. In order to induce Tanunac to make the aforesaid loan, Ms. Holland granted Tammac a security interest in her 2002 Redman manufactured home bearing Serial No. 12238693AB (the "Collateral"), as evidenced and perfected by a certificate of title (the "Certificate of Title"). (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Note was not assigned, except as stated above. Tanunac is the successor in interest to Tammac Corporation. 6. Ms. Holland defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 7. Ms. Holland is due for her November 10, 2005 payment.. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Holland under the Note. 8. Tammac believes and therefore avers that Ms. Holland has possession of the Collateral. 711478.1 2 , 9. Ms. Holland has failed and refused, despite repeated demands by Tanunac, to pay the balance due under the Note or to deliver possession of the Collateral to Tanunac. 10. The balance of the Note as of March 1,2006 was $47,446.83, consisting of principal in the amount of $44,747.95, accrued interest in the amount of$2,646.88 and late charges in the amount of$52.00, exclusive of attorneys' fees and costs. WHEREFORE, Tanunac demands judgment in replevin in favor of Tanunac and against Ms. Holland in the amount of $47,446.83, plus interest from March 1,2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ~~ James T. Shoelnak:er, Esquire ill No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 6, 2006 111"78.1 3 ; VERIFICATION [, Amanda Heiges, hcreby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ~. ~'- db" ;) Am nda Heiges 0 7114~O.1 -' '. , Borrowerls) lender Mildred D Rolland Tammac Corporation 5169 E Trindle Rd 1135 275 Mundy Street 2/10/2005 Mechanicsburg, PA 17055 Wilkes-Barre, PA 18702 Date A phrase. clause, or paragraph on this form that is preceded by a that is not checked does not apply to this loan. "'" means each Borrower above, jointly and severally. "You" means the Lender, its successors and assigns. Note - For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Forty-five thousand seven hundred six and 50/100 Dollars $ 45706.50 plus interest from 2/10/2005 althe rate of 15 % per year until 2/10/2017 o Post Maturity Intefest - After maturity the unpaid balance of principal will earn interest at the rate of % per year. o Additional finance Charge - I also agree to pay a nonrefundable fee of $ and it wiD be 0 paid in cash. 0 withheld from the proceeds. (If this fee is withheld from the proceeds, the amount is included in the principal sum.) Payments. The number, amount and due dates for scheduled payments are disclosed in the Truth in lending disclosure below. Late Charge. If there is a late charge for this transaction. it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This loan Is . TO PURCHASE A MOBILE HOME o Bad Check Charge - I agree to pay a charge of $ if I make a payment with a check that is dishonored. This loan Made Under ~ o This loan is secured by . dated 2/10/2005 Iil Security Agreement - I give you a security interest in the Property described below. The rights I am giving you in this Property and the obligations this agreement secures are defined on page 3 of this agreement. 2002 56' X 28' Redman 12238693AB ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The doUar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 15.73 % $ 54474.00 $ 44310.00 $ 98784.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 144 686.00 Beginning 3/10/2005 and on the 10th of each successive month thereafter. Security - I am giving a security interest in: o (description of other propertyl IX] the Goods or Property being purchased. 5169 E Trindle Rd #35 Mechanicsburg PA 17055 o Collateral securing other loans with you may also secure this loan. iii Lete Charge - ( agree to pay a 'ate charge eQuat to 10 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ . whichever is Prepayment - If I payoff this note early. I will not have to pay a penalty. 0 If I payoff this note early, I will not be entitled to a refund of part of the finance charge. IiI Assumption - Someone buying the property securing this loan o may !Xl cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. o If you do not meet YOUr contra~t ob5igations, you may los8 your Credit Insurance - Credit life, credit accident and sickness (disabilityt. unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless' sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage'. You arB quoting below ONLY the coverages I have chosen to purchase. Credit Ufe - 0 Single 0 Joint Insured Credit Disability. 0 Single 0 Joint Insured Credit Unemployment - 0 Single 0 Joint Insured Name of Insurance Company My signature below means I want lonlyl the insurance coverage(sl quoted above. If none are quoted, I have declined all coverages you offered. X D.O.B. 7/17 O.O.B. X O.O.B. i PlAINnFPS O.O.B. -' EXHIBIT @1997 Bankers Systems, Inc., St. CIOl)d. MN Form FC.Sr.DN-PA 3 ~ I~ iI Premium $ Premium $ Premium $ Term Term Term (page 1 01 3J I " ltemlzetion of Amount Rnaneed Amount paid to me directly $ 0 nn Amount paid on my account $ Amounts paid to others on my behalf* To insurance companies $ 1254 00 To public officials. filing fees only $ To public officials ~ other than filing fees $ Amount pd on your behalf $ 44310 00 Buvdown $ Additional Finance Fees $ 142.50 $ $ (Minus) Prepaid Finance Charge $ 1396.50 Amount Fln.need $ 44310.00 IIYou may retain or receive a portion of these amounts. o Property Insu ,~. Property insurance is required. I may obtain property insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, 1 win pay $ O. 00 for of coverage. Insurance Commissions - I understand and agree that any insurance premiums paid to insurance companies as part of this kJan will involve money retained by you or paid back to you as commissions or other remuneration. ADDITIONAL TERMS OF THE NOTE Definitions - "I," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorBers, and suretiesl who agrees to pay this note ttogether referred to as "us"). "You" or "your" means the lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 at seq. (Chapter 56; Decedents. Estates and fiduciaries Code). By exercising any of your rights under this note. you do so for your sole benefit. Name ..nd Location ~ My name and address indicated on page 1 are my exact \agal name and my principal residence. I will provide you wnh at least 30 days notice prior to changing my name or prjncipal residence. Conwnlssions or Other Remuneration. - I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. Prepayment - I may prepay this loan in whole or in part at any time. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in fun. Usury ~ The interest rate and other charges on this loan will never eXceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - 11 this section is checked. the post maturity rate will begin to apply on the day after maturity. or, if the loan is in default and we accelerate aftef default, on such date. Default: . I will be in default on this loan and any agreement securing this loan if: 1. I fail to make a payment in full when due; or 2. Your prospect of payment. performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement. you may exercise your remedies against any or all of us. Remedies. If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also Uodi!lrstBnd and agree to the following: 1. Y Oll may accelerate the due date of the unpaid principal balance of the loan. plus accrued interest and chafges. making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan lor both) in return for not using any other remedy. 4. You may make a claim for any and at! insurance benefits or refunds that may be available. @1997Banke.sSystems. Inc., St. Cloud. MN Form FC.SI-ON-PA 3/14/2002 If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney', Fees - I agree to pay you the costs you incur to conect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shalt apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States. or if such petition or other claim for relief is filed against me by another. Independent Obngatlon - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us. or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, faU to perfect your security interest in. impair, or (elease any security and I will still be obligated to pay this loan. W..lver . I waive (to the extent permitted by law. demand. presentment. protest. notice of dishonor and notice of protest. Anancial Statements . I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money loan - If this is a Purchase Money loan, you may include the name of the seller on the check or draft fOf this loan. For Federal Usury Preemption for Manufactured Home loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1 . The late charge, if there is one. will not apply to the final scheduled installment. 2.PREPAYMENT. YOU MAY PREPAY THIS LOAN IN FUll OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Oefault . Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, 121 you received two notices in the prior one~year period, or (3) other extreme circumstances exist. (page 2 of 3) " ADDITIONAL TERMS OF THE SECURITY AGREf' ~J'lT , , Secured Obligation. ~ This security agreement secures this loan ~including 4. I wilt keep the insurance until all debts secured by this agreement are all extensions, renewals, refinancings and modifications) and any other paid. <lebt , have with you now or later. Property described in this security If I do not buy, maintain. and arrange to have you named as loss payee. agreement will not secure other such debts if and to the extent the as agreed above, I understand and agree: property: 1. You may, but are not required to, purchase insurance to protect your 1. constitutes my principal residence; or interest in the Propeny. 2. is household goods. 2. The inSUf8OC9 you buy may be from an agent or company I might not This security agreement will last until it is discharged in writing. For the choose. Bole purpose of determining the extent of a purchase money security 3. The insurance will not Cover my equity in the Property. interest arising under this security agreement: 4. The premium you pay may be substantially higher than the premium I 1. Payments on any nonpurchase money loan also secured by this might be required to pay for the insurance I have agreed to buy on this agreement will not be deemerl to apply to the Purchase Money loan; note. and 2. Payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan. if any. and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money loan" means any 'oan the proceeds of which. in whole or in part, are used to acquire any property securing the loan and all extensions. renewals. consolidations and refinancings of such loan. '. :'.. . Property - The word "Property." as used here, includes all property that is listed in the security agreement on page 1. If a general description is used. the word Property includes all my property fitting the general description. Property also means alt benefits that arise from the described Property (including all proceeds, insurance benefits. payments from others. interest. dividends. stock splits and voting rights). It also means property that now or later is attached to. is a part of. or results from the Property. and all supporting obligations. "Proceeds" includes anything acquired on the sale, le3se. license. exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any coUections and distributions an account of the Property. Ownership And Duties T owerd Property - Unless a CO-OWM((S) of the Property signed 8 third party agreement, I represent that I own all the Property. I will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. I win keep the Property in my possession {except 1f pledged and delivered to you'. I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree othefwise in writing. I will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your wfitten consent. I will pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Pr'Operty. Yoo have the right of reasonable access in order to inspect the Property. I will not use the Property for a pUfpose that will violate any laws or subject the Property to forfeiture or seizure. Insurance ~ , agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. I will name you as loss payee 00 any such policv. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, will pay the difference. e 1997 eankers Systems, Inc_. St. Clovd. MN FOtm FC-SI-DN-PA 3114/2002 Default And Remedies ~ If I am in default. in addition to the femedies listed in the note portion of this document. you may (subject to any applicable notice and cure periodl: 1. Pay taxes or other charges, or purchase any required insurance. if I fail to do these things (but you are not requifed to do sol. You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion: 3. Use any other remedy allowed by taw. I agree that when you must give notice to me of your intended sale or disposition of the Property. the notice is reasonable if it is sent to me at my last known address by fifst class mail 10 days before the intended sale or disposition. , agree to inform you in writing of any change in my address. Perfection of Security Interest - I authorize you too file a financing statement covering the Property. I agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay aU actual costs of terminating your security interest. Signatures - I agree to the terms on pages 1. 2 and 3 of this agreement. I have received 8 copy of this document on today'. date. COSIGNERS - SEE SEPARATE NOTICE BEFORE SIGNING. Signature 711)hL"/ -tJ, ~~--I Signature Signature Signature (ptf/ge 3 of J) , PLAINnFPS EXHIBIT o .) f') n :.. :.. ::> n n ..........""",""',.,."".,'~~"~..::?;~lt,~~~,?"...lUTHORIZEDSlGtEI1 IF nits IS ~ Ell, CHECK HERE 0 NOTE: FlN;REQUIRED INSttnmClN NO. ,.,,'",'.';;..."......"'" I~.."=-,.,'-',""-"'-'..::...,,- '~'u=:::;-=.~'''"f."''..-__, , T AMMAC CORPORATION, now by assignment, T AMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: Ct..c. - ;).0.]/ CI:"L't-~ ORDER AND NOW, this day of , 2006, at o'clock _.m., it is hereby ordered that there will be a hearing on the plaintiff s motion for writ of seizure, on the day of , 2006, at o'clock, _.m., at the Cumberland County Court House, Carlisle, Pennsylvania, Court Room_. BY THE COURT: J. sc: Mildred D. Holland James T. Shoemaker, Esquire 71148I.1 o ro.~ q~i(7"; " ~- -:,:. HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION '-;. ::::; .-( BY: JAMES T. SHEOMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON. PA 18704-5815 1570\287-3000 T AMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: PLAINTIFF'S MOTION FOR WRIT OF SEIZURE C) .;::- "" = r.~ Cr> ".. -" ;:0 C) ""rl -. -. The plaintiff, Tanunac Corporation, now by assignment, Tanunac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075.1, its motion for writ of seizure, against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendant. (A true and correct copy of plaintiff's complaint in replevin is attached hereto pursuant to 711483.1 o ., 5! m::rJ r- l:::JfTl :;')C:: c;J5.~) ('5 ;';J .;",,) ;:5rn ,I :j] -< " Pa.R.C.P. No.1075.1(b), incorporated herein by reference pursuant to Pa.R.C.P. No.IOI9(g) and marked as Exhibit" I.") WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sherlffto seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: --- James T. Shoemaker, Esquire ill No.: 63871 Counsel for the plaintiff, Tanunac Corporation, now by assignment, Tanunac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 6, 2006 71148:3.1 2 , VERIFICA TlON I, Amanda Heiges, hercby certify that I am a Paralcgal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its bchalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. CS. 94904 relating to unsworn falsification to authorities. ~^.Jk- ctL ,- , ,J . ma da Heiges '6 71141\4,1 , HOURIGAN. KLUGER & QUINN A PROFESSIONAL CORPORATION BY, JAMES T. SHEOMAKER. ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PI'. 18704-5815 1570\ 287.3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CNIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: COMPLAINT The plaintiff, Tanunac Corporation, now by assignment, Tanunac Holdings Corporation ("Tanunac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Mildred D. Hollllli.d ("Ms. Holland"), as follows; I. Tanunac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 711478.1 ~ PLAINllFF'S !!J EXHIBIT ~ i ~ , 2. Ms. Holland is an adult individual having a last known address of 5 I 69 E. Trindle Road #35, Mechanicsburg, P A 17055. 3. On or about February 10, 2005, Tanunac made a loan to Ms. Holland in the amount of $45,706.50, as evidenced by a note, disclosure and security agreement (collectively, the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 4. In order to induce Tanunac to make the aforesaid loan, Ms. Holland granted Tanunac a security interest in her 2002 Redman manufactured home bearing Serial No. 12238693AB (the "Collateral"), as evidenced and perfected by a certificate of title (the "Certificate ofTitJe"). (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "8" and incorporated herein by reference.) 5. The Note was not assigned, except as stated above. Tanunac is the successor in interest to Tanunac Corporation. 6. Ms. Holland defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 7. Ms. Holland is due for her November 10,2005 payment. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tanunac by Ms. Holland under the Note. 8. Tammac believes and therefore avers that Ms. Holland has possession ofthe Collateral. 711478.1 2 9. Ms. Holland has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tanunac. 10. The balance of the Note as of March 1,2006 was $47,446.83, consisting of principal in the amount of $44,747.95, accrued interest in the amount of$2,646.88 and late charges in the amount of$52.00, exclusive of attorneys' fees and costs. WHEREFORE, Tanunac demands judgment in replevin in favor ofTammac and against Ms. Holland in the amount of$47,446.83, plus interest from March 1,2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ~~ James T, Shoeinaker, Esquire ill No.: 63871 Counsel for the plaintiff, Tanunac Corporation, now by assignment, Tarnmac Holdings Corporation - 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 6, 2006 7U.7I.1 3 . VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. c.s. 94904 relating to unsworn falsification to authorities. ~~~ . Am nda Heiges 711480_1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHEOMAKER. ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (5701287-3000 T AMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: Ob - YlJ!1 IJ / '--c~ 0<' I L:~0~L /&<...,; BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assigrunent, Tanunac Holdings Corporation ("Tanunac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits its brief in support of plaintiff s motion for writ of seizure against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: I. HISTORY OF THE CASE Tanunac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, P A 18702. Ms. 711485.1 , Holland is an adult individual having a last known address of5169 E. Trindle Road #35, Mechanicsburg, P A 17055. On or about February 10, 2005, Tammac made a loan to Ms. Holland in the amount of$45,706.50, as evidenced by a note, disclosure and security agreement (collectively, the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) In order to induce Tanunac to make the aforesaid loan, Ms. Holland granted Tanunac a security interest in her 2002 Redman manufactured home bearing Serial No. 12238693AB (the "Collateral"), as evidenced and perfected by a certificate of title (the "Certificate of Title"). (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) The Note was not assigned, except as stated above. Tanunac is the successor in interest to Tammac Corporation. Ms. Holland defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. Ms. Holland is due for her November 10, 2005 payment. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tanunac by Ms. Holland under the Note. Tanunac believes and therefore avers that Ms. Holland has possession of the Collateral. Ms. Holland has failed and refused, despite repeated demands by Tanunac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. The balance of the Note as of March 1,2006 was $47,446.83, consisting of principal in the amount of $44,747.95, accrued interest in the amount of $2,646.88 and late charges in the amount of $52.00, exclusive of attorneys' fees and costs. 711485.1 2 , II. STATEMENT OF THE OUESTION INVOLVED WHETHER TAMMAC IS ENTITLED TO POSSESSION OF THE COLLATERAL WHEN MS. HOLLAND HAS DEFAULTED UNDER THE TERMS OF THE NOTE? III. ARGUMENT Pa. R.Civ.P. No. 1075.1 sets forth the procedure for the issuance ofa prejudgment writ of seizure after notice and hearing which is designed to be in accordance with the due process requirements enumerated in Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983,32 L.Ed.2d 556, reh.den., 409 U.S. 902, 93 S.Ct. 177,34 L.Ed.2d 165 (1972). The procedure set forth in Pa.R.Civ.P. No. 1075. I is one of two means for obtaining the remedy of a prejudgment seizure of property in a replevin action. In appropriate cases, the plaintiff may cause a writ of seizure to be issued ex parte with notice and a hearing postponed until after the property is seized. See Pa.R.Civ.P. No. 1075.2. To invoke the remedy of a prejudgment seizure of property in a replevin action after notice and a hearing, the plaintiff must file a motion for writ of seizure. See Pa.R.Civ.P. No. 1075.1 (a). The plaintiff may move for the issuance of a writ of seizure after the complaint has been filed, whether or not the complaint has been served. Pa.R.Civ.P. No. 1075.I(a). Upon the filing of the motion for issuance of a writ of seizure, the court must fix the date and time for a hearing on the motion. See Pa.R.Civ.P. No. I 075.1 (a). A hearing on a motion for a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Civ.P.No.I075.I(e); see also Eauico Lessors Inc. v. Ewing, 281 Pa. Super. 147, 152,421 A.2d 1190,1193 (1980) (holding 711485.1 3 , that prima facie right established by testimony of plaintiff's employees that property was deteriorating and in jeopardy). Pursuant to Pa.R.Civ.P. No.1075.1(e), the court must initially make a determination at the hearing whether the notice required by Pa.R.Civ.P. 1075, or a reasonable attempt to give notice has been made. See4 Goodrich Amram 2d ~1075.I(e):1 (1991). Ifthe court is satisfied that the notice requirements ofPa.R.Civ.P. No. 1075 have been met, the court must determine from the complaint, affidavits, testimony, admissions, or other evidence which may be received whether the plaintiff has established the probable validity of his claim and, if so, the court may order a writ of seizure to be issued upon the filing of a bond as provided by the Pennsylvania Rules of Civil Procedure. See 4 Goodrich Amram 2d ~1075.I(e):1. The rule does not mandate any particular form of hearing on the motion for a writ of seizure. It seems that all that is required is an opportunity for the plaintiff to show that the action is free of fraud, accident, or mistake, and that there is a probability that he or she may sustain his right to possession of the property. See 4 Goodrich Amram 2d ~1075.I(e):1 (1991). The hearing is not for the purpose of making a final determination on the merits of the plaintiff's claimed right to possession of the property, but merely for determining whether the plaintiff has a probable right to possession. See Hamilton Bank v. Seiaer, 22 D&C 3d 534, 537 (1982). Except where the sheriff is authorized by the plaintiff to leave the subject property in a replevin action with the defendant or any other person found in possession, the Pennsylvania Rules of Civil Procedure require the sheriff, upon service of the writ of seizure, to take 711485.1 4 , possession of the subject property. See Pa.R.Civ.P. No. 1075.4(a); see also Maver v. Chelton Ave. Bldg. Corn.. 321 Pa. 193, 196, 183 A. 773. 774 (1936); General Motors Acce.ptance Corp. v. Bums, 25 D&C 2d 293, 296-300 (1961). Additionally, the form of the writ ofseizure prescribed by the Pennsylvania Rules of Civil Procedure specifically directs the sheriff to seize the subject property. See Pa.R.Civ.P. No. 1354. Furthermore, it has been held that even a defendant who is properly in possession of the subject property by virtue of a valid lien is obligated to surrender possession to the sheriff. See Mitchell v. McKinnis, 284 Pa. Super. 469, 473, 426 A.2d 142, 144 (I 981) (noting that the defendant had no right to give a counter-bond and keep possession since his lien was fully protected by the plaintiff's bond). The sheriff must take physical possession of the property. The sheriff has the right to enter the defendant's house for the purpose of searching for the goods, provided that in doing so he does not exceed the limits prescribed by the law. See Kneas v. FitIer, 2 Serg & R 263, 264 (Pa. 1816); Maver, 321 Pa. At 196, 183 A. at 774. The sheriff has the right to enter a door already opened and may even be authorized to break open doors and enter by force in order to execute the writ of seizure. See Commonwealth v. Temple, 38 D&C 2d 120, 127 (1965). However, the sheriff may use no more force than necessary and must exercise due care. See Maver, 321 Pa. at 196, 183 A. at 774. The burden is upon the plaintiff in a replevin action to establish every material element of his case upon which an issue is raised under his pleadings. Blossom Prods. Corn. v. National Underwear Co.. 325 Pa. 383, 387,191 A.40, 42 (1937). The plaintiff must establish his right to possession of the subject property by a preponderance of the evidence. See Petition of Allstate Ins. Co.. 289 Pa. Super. 329,333,433 A.2d 91,93 (1981). A 711485.1 5 I Once the plaintiff establishes his right to possession, the burden of proof shifts to the defendant to prove her right to retain possession. See Petition of Allstate, 289 Pa. Super. at 333, 433 A2d at 93; Carroll v. Godding. 155 Pa. Super. 490,492, 38 A.2d 720, 721 (1944); Johnson v.StaDles. 135 Pa. Super. 274, 280, 5 A.2d 433,436 (1939). IV. CONCLUSION In light of the foregoing, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: \.~s~ James T. Slioemaker, Esquire ill No.: 63871 Counsel for the plaintiff, Tanunac Corporation, now by assignment, Tanunac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 6, 2006 71148S.1 6 j " -.-, Borrowertsl , lender Mildred D Rolland Tammac Corporation 5169 E Trindle Rd 1135 275 Mundy Street 2/10/2005 Mechanicsburgf PA 17055 Wilkes-Barre, PA 18702 Date A phrase. clause. or paragraph on this form that is preceded by a that is not checked does not apply to this loan. "I" means each Borrower above, jointly and severally. "You" means the Lender, its successors and assigns. Not8 - For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Forty-five thousand seven hundred six and 50/100 Dollars $ 45706.50 plus interest from 2/10/2005 at the rate of 15 % per year until 2/10/2017 o Post Maturity Interest - A ftef maturity the unpaid balance of principal will earn interest at the rate of % per year. o Additional Ananee Charge - 1 also agree to pay a nonrefundable fee of $ and it will be 0 paid in cash. 0 withheld from the proceeds. IIf this fee is withheld from the proceeds, the amount is included in the principal sum.) Payments - The number. amount and due dates for scheduled payments are disclosed in the Truth in lending disclosure below. Late Charge -If there is a late charge for this transaction, it will be disclosed in the Truth in lending disclosure below. The Purpose Of This Loan Is - TO PURCHASE A MOBILE ROME o Bad Check Charge. I agree to pay a charge of $ if 1 make a payment with a check that is dishonored. This Loan Made Under - o This loan is secured by ,dated 2/10/2005 [i] Security Agreement - I give you a security interest in the Property described below. The rights I am giving you in this Property and the obligations this agreement secures are defined on page 3 of this agreement. 2002 56' X 28' Redman 12238693AB ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 15.73 % $ 54474.00 $ 44310.00 $ 98784.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 144 686.00 Beginning 3/10/2005 and on the 10th of each successive month thereafter. Security. I am giving a security interest in: o (description of other property! iii the Goods or Property being purchased. 5169 E Trindle Rd #35 Mechanicsburg PA 17055 o Collateral securing other loans with you may also secure this loan. Ii) late Charge - I agree to pay 8 late charge equal to 10 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ , whichever is Prepayment. If I payoff this note eariy. I will not have to pay 8 penalty. 0 If I payoff this note early. I will not be entitled to a refund of part of the finance charge. IX] Assumption. Someone buying the property securing this loan Om.v IXl cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default. and any required repayment before the scheduled date, and prepayment refunds and penalties. o If you do not meet your contract obligations. you may lose your Credit Insurance - Credit life. credit accident and sickness (disability). unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance. you will obtain it for me (if I qualify for coveragel. You are quoting below ONLY the coverages I have chosen to purchase. Credit Ufe - 0 Single 0 Joint Insured Credit OlsabUlty - 0 Single 0 Joint Insured Credit Unemployment. 0 Single 0 Joint Insured Name of Insurance Company My signature below means I want tonly) the insurance coverage(s) quoted above. If none are quoted, I have declined aU coverages you offered. X 0.0.8. 7/17 h n"n 0.0.8. X 0.0.8. ~ PLAINllFF'S 0.0.8. ~ EXHIBIT <>, 991 e,""" S,",m,. '"<.. ... elood. MN F"m Fe.SI.ON.PA 3! I~ .. Premium $ Premium $ Premium $ Term Term Term (page f of 3/ , ., ltemiZ.tIon of' Amount Ananced Amount paid to me directly $ 0 00 Amount paid on my account $ Amounts paid to others on my behalf * To insurance companies $ 1254 00 To public officials - filing fees only $ To public officials - other than filing fees $ Amount pd on your behalf $ 44310.00 Buvdown $ Additional Finance Fees $ 142.50 $ $ (Minus) Prepaid Finance Charge $ 1396.50 Amount Rnaneed $ 44310.00 .Vou may retain or receive a portion of these amounts. o Property tnsu ,,- Property insurance is required. I may obtain property insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, I will pay $ 0.00 for of coverage, Insurance Commissions . I understand and agree that any insurance premiums paid to insurance companies as part of this loan will involve money retained by you or paid back to you as commissions or other remuneration. ADDITIONAL TERMS OF THE NOTE Deflnftions - "I." "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and suretiesl who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A, Sectton 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries CodeJ. By exercising any of your rights under this note, you do so for your sole benefit, Name and Location - My name and address indicated on page 1 are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. Commissions or Other Remuneration. - I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. Prepayment - I may prepay this loan in whole or in part at any time, If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Uswy -'The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or. if the loan is in default and we accelerate after default, on such date, Default - I will be in default on this loan and any agreement securing this loan if: 1, I fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any'or all of us. Remedies - If I am in default on this loan or any agreement securing this loan. you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpakl principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or bothl in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. fl:I1997 Banker:; Sy:otem:;, Inc.. 51. Cloud. MN FOI'"m FC.Sl-DN-PA 3f1412002 If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a defautt if it happens again. Costs Of CoUection And Attomey's Fees - 1 agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Ob6gation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may. without notice. release me or any of us, give up any right you may have against any of us. extend new credit to any of us, or renew or change this note one or more times and for any term. and I will still be obligated to pay this loan. You may. without notice, fail to perfect your security interest in. impair, or release any security and I will still be obligated to pay this Joan. Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Rnancial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan 4 If this is a Purchase Money Loan. you may include the name of the seller on the check or draft for this loan. .For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1 . The late charge, if there is one, will not apply to the finat scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS lOAN IN FUll OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of defautt and any cure period it describes has passed. We may not be required to send you a notice if 11 J you have abandoned the Manufactured Home, ~2J you received two notices in the prior one-year period. or (3) other extreme circumstances exist. (page 2 of 3J .', " AOOlTlONAL TERMS OF THE SECURITY AGREf' 'jlT . Secured ObAgations - This security agreement secures this Joan (including all extensions. renewals. refinancings and modifications) and any other debt I have with you now or later. Property described in this security agreement will not secure other such debts if and to the extent the property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For the 801e purpose of determining the extent of 8 purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan; and 2. Payments on the Purchase Money loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the toan and all extensions, renewals, consolidations and refinancings of such loan. Property ~ The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends. stock splits and voting rights). It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange. or other disposition of the Property; any rights and claims arising out of the Property; and any collect;ons and distributions on account of the Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that I own all the Property. I will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. I will keep the Property in my possession (except if pledged and delivered to you). I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. I will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will pay III taxes and charges on the Property as they become due. I will Inform you of any Joss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. Insurance ~ I agree to .buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. I will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover thE! amounts I still owe you, I will pay the difference. 1t/1997 Bank.ers SyS1ems. Inc.. St. Cloud. MN Form FC-SI-DN-PA 3114'2002 4. I will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If I am in default. in addition to the remedies listed in the note portion of this document, you may ~subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance. if I fail to do these things ~but you are not required to do sol. You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. 1 agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Perfection of Security Interest - I authorize you to file a financing statement covering the Property. , agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay all actual costs of terminating your security interest. Signatures - , agree to the terms on pages 1. 2 and 3 of this agreement. I have received a copy of this document on today's date. COSIGNERS. SEE SEPARATE NOTICE BEFORE SIGNING. Signature 7ll)hL,J'iJ, ilA-,I Signature Signature Signature (page 3 of 3J . .:> I') n ::. ::. ::> n n ,,~~~Z.,~-:~~~.~,JJJTHO~_~., PLAINTIFPS EXHIBIT o (") "'" ~ <= r; c=> "'"' "": :r -oi'~:j ::E l.t:(11 :>>- n,:n ~ -< -o~ to' I ::1; -.:. .s:- O r .: :;; -n -0 ~..~--n ~_~ 'J :x C)(") >:f~: .s:- iSm -l ~ 35 ~ U1 '< HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: 06-2031 PRAECIPE TO DISCONTINUE CASE WITHOUT PREJUDICE TO: Prothonotary Kindly discontinue the plaintifI's action in the above-referenced matter without prejudice. Thank you. Respe<:tfulIv submitted, H~lffiIr~'C' ~j87~'''"''wre Counsel for the plaintiff 600 Third Avenue Kings1on, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facaimile Dated: May 8, 2006 717091.1 2 z --0 f:D WfC.. /__ .-..l;;: ;;;:,.C (11 ,,~: ~L ~CJ L-,r-i :P-C: :z. ':;!, a: ~ ::J(. ::< , v:J ..." :It 4? ~ ~~ ~\:? 0.0 ~a ~ ~ - - SHERIFF'S RETURN - REGULAR CASE NO: 2006-02031 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION ET AL VS HOLLAND MILDRED D RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon HOLLAND MILDRED D the DEFENDANT , at 1826:00 HOURS, on the 2nd day of May , 2006 # 35 at 5169 E TRINDLE ROAD MECHANICSBURG, PA 17055 by handing to MILDRED D HOLLAND a true and attested copy of COMPLAINT - REPLEVIN together with MOTION, BRIEF & ORDER OF COURT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.44 .00 10.00 .00 39.44 5/:JafC/' q.,... Sworn and Subscribed to before ..r-~~ R. Thomas Kline day of 05/03/2006 HOURIGAN KLUGER QUINN BY:~~~ Deputy Sheriff me this A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-02031 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION ET AL VS HOLLAND MILDRED D SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING was served upon HOLLAND MILDRED D the RESPONDANT , at 1956:00 HOURS, on the 5th day of May at 5169 E TRINDLE ROAD MECHANICSBURG, PA 17055 , 2006 # 35 by handing to MARIA WEEDON, DAUGHTER a true and attested copy of NOTICE OF HEARING together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.68 .00 10.00 .00 37.68 ~ {fa lIar- Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: r~ ~,,~#:.u R. Thomas Kline 05/08/2006 HOURIGAN KLUGER QUINN ~L(MLJdif Deputy Sherlff