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HomeMy WebLinkAbout06-5866 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff VS. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: O NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH 735194.1 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- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Corporation, now byassignment, Tammac Holdings Corporation 735194.1 2 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION ALLAN M. KLUGER JOSEPH A. QUINN, JR. LAW OFFICES RICHARD M. GOLDBERG ARTHUR L. PICCONE 600 THIRD AVENUE RICHARD S. BISHOP JOSEPH E. KLUGER JAMES T. SHOEMAKER DONALD C. LIGORIO KINGSTON, PA 1 8704-58 1 5 MICHELLE M. QUINN RICHARD M. WILLIAMS DAVID AIKENS, JR. TERRENCE J. HERRON (570) 287-3000 DAVID W. SABA JOSEPH P. MELLODY, JR. FACSIMILE (570) 287 AMANDA V. WRIGHT-KLUGER MICHAEL A. LOMBARDO III -8005 KELLY M. OCHREITER PAUL KEELER DONNA EM DAVIS' E-MAIL: hkq@hkqpc com . 'DISTRICT OF COLUMBIA BAR ANDREW HOURIGAN, JR. 1948-1978 October 4, 2006 Mildred Holland 5169 E. Trindle Street Lot 35 Mechanicsburg, PA 17055 SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 18503-2014 (570) 346-8414 FACSIMILE (570) 961-5072 RE: Account No.: 05-1223 Property Address: 5169 E. Trindle Street_ Lot 35. 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, James T, S oemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 735200.1 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, Plaintiff vs. MILDRED D. HOLLAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendant No.: COMPLAINT The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac' ), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 2. Ms. Holland is an adult individual having a last known address of 5169 E. Trindle Road #35, Mechanicsburg, PA 17055. 3. On or about February 10, 2005, Tammac made a loan to Ms. Holland in the 735203.1 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 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. 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 June 10, 2006 payment. 8. 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. 9. Tammac believes and therefore avers that Ms. Holland has possession of the Collateral. 10. 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 Tammac. 11. The balance of the Note as of September 13, 2006 was $47,207.79, consisting of 735203.1 2 principal in the amount of $43,827.41, accrued interest in the amount of $2,245.98, miscellaneous charges in the amount of $1,082.40, and late charges in the amount of $52.00, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Holland in the amount of $47,207.79, plus interest from September 13, 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, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 4, 2006 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. oemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 735203.1 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. §4904 relating to unsworn falsification to authorities. jda Heiges 735197.1 Borrower(s) Mildred D Holland 5169 E Trindle Rd #35 Mechanicsburg, PA 17055 Lender Tammac Corporation 275 Mundy Street Wilkes-Barre, PA 18702 "I" means each Borrower above, jointly and severally. "You" means the Lender, its successors and Date 2/10/2005 A phrase, clause, or paragraph on this form that is preceded by a that is not checked does not apply to this loan. 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 - Plus interest from 2/10/2005 Dollars $A 5 7 0 6 .50 at the rate of 15 % per year until 2/10/2017 ? Post Maturity Interest - After maturity the unpaid balance of principal will earn interest at the rate of ? Additional Finance Charge - I also agree to pay a nonrefundable fee of $ % per year. the proceeds. (If this fee is withheld from the proceeds, the amount is included in the principal sum )nd it will be E3 paid in cash. E] withheld from 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 ? Bad Check Charge - I agree to pay a charge of $ if I make a payment with a check that is dishonored. This Loan Made Under - ? This loan is secured by ® Security Agreement - I give you a security interest in the Property described below. The rights I am ivin dated 2/10/2005 this agreement secures are defined on page 3 of this agreement. 9 g you in this Property and the obligations 2002 56' X 28' Redman 12238693AB ANNUAL PERCENTAGE RATE FINANCE CHARGE The cost of my credit The dollar amount the AMOUNT FINANCED TOTAL PAYMENTS as a yearly rate. credit will cost me. provided The to amount of credit The amount I w will have paid when me or on my behalf. I have made all scheduled payments. 15.73 % $ 54474.00 $ 44310.00 S 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: ? (description of other property) ® the Goods or Property being purchased. 516 ? Collateral securing other loans with you may also secure this loan9 E Trindte Rd #35 Mechanicsburg PA 17055 ® Late Charge - I agree to pay a late charge equal to 10 /o 0 days after it is due, or $ of the unpaid portion of an installment not paid within 15 ,whichever is Prepayment - If I pay off this note early, I will not have to pay a penalty. ? If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan may can see my contract documents for any additional information about ?nonpayment,defau t and any equiredrepayment lbefore ethe scheduled date, and prepayment refunds and penalties. ? If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life - ? Single ? Joint Insured Credit Disability - ? Single ? Joint Insured _ Credit Unemployment -E] Single E3 Joint Insured Premium $ Term Premium $ Term Name of Insurance Company Premium $ Term My signature below means I want (only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. x D.O.B. 7/17/1959 x x D.O.B. D.O.B. x D.O.B. O 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3114/2002 1% A !page 1 of X Itemization of Amount Financed Amount paid to me directly S n Amount paid on my account nn $ Amounts paid to others on my behalf' To insurance companies $ ?? To public officials - filing fees only - 4 00 $ To public officials - other than filing fees $ BnloLnt nd on vr+?tr hoh u $ 44 1 0 0 Buydown n $ Additional Finance Fees $ 142.50 S (Minus) Prepaid Finance Charge S S Amount Financed 1396.50 S `You may retain or receive a portion of these amounts. 44310 .00 Definitions - "I," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 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 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 1 prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Default - I will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. O 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/14/2002 ? Property Insu a - 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 If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if 1 file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the These FedeUsury ral wille supersede canyth anything to the orcontfr this rary in loan. form: s 1. The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. (page 2 of 3) ADDITIONAL TERMS OF THE SECURITY AGREE IT Secured Obligations - This security agreement secures this loan (including all extensions, renewals, refinancings and modifications) and any other debt I have with you now or later. Property described in this security agreement will not secure other such debts if and to the extent the property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan; and 2. Payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights). It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that I own all the Property. 1 will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. 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. 1 will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. 1 will pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property.. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. 1 will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, 1 understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If I am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition, I agree to inform you in writing of any change in my address. Perfection of Security Interest - I authorize you to file a financing statement covering the Property. I agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay all actual costs of terminating your security interest. Signatures - I 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. 1 Signature Signature Signature Signature © 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 3/14/2002 (page 3 of 31 E PFD L SYLVANIA te r " ?LE3 CD(41t STA"ll ? ., METER DISCLOSURE 4RAL LAW *= FTxEMFT FRDM t?(NAETER """ :OREO 0 HOLLAND t rrn?,??„bw c - I'll ` E TR INDLE kl) uI , - ' rf : 7 oF,, r.,,. . ? GOANItG-413UR6 PA 17050 H III a r&WA.6A °s EN FA Vn{?OF. SECOND LIEN FAVOgOF : A- 441W5 A MAC CORPORATION H e :"0X-i &enhc+Ar is listed upon setletechon cf no -*vt Ibn, U. firm ,w lienlwider mint Ia Or i this Title to the MmMlu of Moto' Ylshidoe w:th the FH`lST LIEN RELEASED "? S t 6 ' pCwopr ate F - erro hie. 4(i1,rR Br SEOOND. LIEN RELEASED AU7HORI?DREPRESENTATNE - ;. ADDRESS DATE 000.0©7 s AUTHORIZED:flEPRESENTATiVE tAMMAC CORPORATION 100 COMMERCE BLVD STE 200 r..; MILKES BARRE PA 18702 a I c&* as of thedate of issue, the oRidal records of the Pennsylvania Department i d Transportation relied Mat the person(s) a company named herei Is the l l f ALLEN 1) STEMa,ER a • n aw u owner of the said yehlde. - --? _ - Secretary of TrananortaUon . 7 1 1 1 0WRIBED AND.swORN If a nip-purchaser other than your spouse is listed find you want th8' be Iisted;&s Tenants ith RI 'of Su orship' ?Qh des DAY owl' _ ? &survlvl er HEM ? I? ,?„ ,rw,,i$#; Ilk , ' wll[ Issued as Tenants rmm5tlN (c ?tdt3ah or m,#, dt?d oWhar grx'to hi r hel'd` or-gPl'al. ??a?l a '" S'.fiNA PE C!F P G, w6RUNl5TE PATH , ,? iST DAe y FT(( LfEN, CHECK i ST LMNHbLDF: R II , I' STATE IIF.d 4AEI Ta pt4ECK HFRF FINANCIAL NOT*N7F'AA?1RI,?,Wrr IN3TITUTIflt1 NCI. 2NO LIEN DITE IF NC LIEN CHECK "°> N?"- ^«e>:y rm. Vokaf- la 6.0p j. of nne ro me .eNNe -rw •.,o-?u ,'j ?.,. „ram n Mr..mx .. s era tW+e, rag tlBxtiw.eel torn r¢ie 2ND ?IBn10LDEA STEF E7 SIGNATURE - APr11CAN1 OF AL IHORIZED SIGNER CIT, STATE ZIP IF THIS IS F FLT CHF 'ARE ? FINANCIAL sarinTC n_ (11 10 AEnuC-11ITl.2 11 INSTITUTION NO. ii o// N\ CD C ) i •i u' N-I y- J 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, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: d (p -? ?p OPLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075. 1, its motion for writ of seizure, against the defendant, 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 Pa.R.C.P. No. 1075. 1 (b), incorporated herein by reference pursuant to Pa.R.C.P. No.1019(g) and marked as Exhibit "1.") 735196.1 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, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 4, 2006 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 735196.1 2 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 motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 4da Heiges 735195.1 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, Plaintiff VS. MILDRED D. HOLLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW No.. COMPLAINT REPLEVIN The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 2. Ms. Holland is an adult individual having a last known address of 5169 E. Trindle Road #35, Mechanicsburg, PA 17055. 3. On or about February 10, 2005, Tammac made a loan to Ms. Holland in the 735203.1 " n 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 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. 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 June 10, 2006 payment. 8. 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. 9. Tammac believes and therefore avers that Ms. Holland has possession of the Collateral. 10. 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 Tammac. 11. The balance of the Note as of September 13, 2006 was $47,207.79, consisting of 735203.1 2 principal in the amount of $43,827.41, accrued interest in the amount of $2,245.98, miscellaneous charges in the amount of $1,082.40, and late charges in the amount of $52.00, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Holland in the amount of $47,207.79, plus interest from September 13, 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. oemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 4, 2006 735203.1 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. §4904 relating to unsworn falsification to authorities. arv-c'? dAdnda Heiges r > s 735197.1 ? n? C. :__ ?..{.? f' ?._,, ?.? ?? ':` j" i._, ?., -? ? , ? _ ,.._, ,.. , G)Z i '7"f _ `fl r`- _-{ -1 r: "7 ?.? -C TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff OCT 0 9 2006 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN C-7. Defendant No.: ©t ,, ORDER AND NOW, this d.S-' day of ?, 2006, at n'rlnrl? _ } it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the 1.4,t day of L?0?, 2006, at /Q%OZj o'clock, 4 m., at the Cumberland County Court House, Carlisle, Pennsylvania, Court Room 4- BY THE COURT: sc: (:]OMildred D. Holland James T. Shoemaker, Esquire N , 1 d.,W J. 735198.1 S C •£ bid SZ 1 30 HE R ?d1C1?ti`LJ ai ]HI J0 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW MILDRED D. HOLLAND, Defendant REPLEVIN No.: 06-5866 - Civil Term NOTICE OF HEARING FOR SEIZURE OF PROPERTY To: Mildred Holland 5169 E. Trindle Road #35 Mechanicsburg, PA 17055 YOU ARE HEREBY notified that: 1. Plaintiff has commenced an action of replevin and has filed a motion for writ of seizure of the property described in the complaint. A copy of the complaint, the motion for writ of seizure, the brief in support of motion for writ of seizure and the Court's Order dated October 25, 2006 is attached to this notice. 2. There will be a hearing on this motion for writ of seizure on December 1, 2006 at 10:00 a.m. at the Cumberland County Courthouse Annex, One Courthouse Square, Carlisle, PA 17013, in Court Room No. 4. 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. 741963.1 4. Your failure to appear at the hearing may result in the seizure of the property claimed by the plaintiff before a final decision in this case. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 30, 2006 741963.1 2 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. MILDRED D. HOLLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: onL - S'PG 4o e! v(. t ?.t? ORDER AND NOW, this 2-5A day o , 2006, .a it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the LA day of P-;1y4a) , 2006, at )6:00 o'clock, 0.).m., at the Cumberland County Court House, Carlisle, Pennsylvania, Court Room 9 sc: Mildred D. Holland James T. Shoemaker, Esquire BY THE OURT: J. 735198.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHEOMAKER, ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES , 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. MILDRED D. HOLLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.. PLAINTIFF'S MOTION FOR WRIT OF SEIZURE c-a i? 1 CJl r? Q :D n .4 -=-1 .io --c The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075. 1, its motion for writ of seizure, against the defendant, 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 Pa.R.C.P. No.1075.l(b), incorporated herein by reference pursuant to Pa.R.C.P. No.1019(g) and marked as Exhibit "l.") 735196.1 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, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 4, 2006 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 735196.1 2 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 motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. AAAnda Heiges 735195.1 IDENTIFICATION NO. 63871 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHEOMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, : Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MILDRED D. HOLLAND, : CIVIL ACTION - LAW Defendant COMPLAINT No.. REPLEVIN The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 2. Ms. Holland is an adult individual having a last known address of 5169 E. Trindle Road #35, Mechanicsburg, PA 17055. 3. On or about February 10, 2005, Tammac made a loan to Ms. Holland in the 735203.1 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 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. 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 June 10, 2006 payment. 8. 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. 9. Tammac believes and therefore avers that Ms. Holland has possession of the Collateral. 10. 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 Tammac. 11. The balance of the Note as of September 13, 2006 was $47,207.79, consisting of 735203.1 2 principal in the amount of $43,827.41, accrued interest in the amount of $2,245.98, miscellaneous charges in the amount of $1,082.40, and late charges in the amount of $52.00, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Holland in the amount of $47,207.79, plus interest from September 13, 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, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 4, 2006 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 735203.1 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. §4904 relating to unsworn falsification to authorities. ,kjmnda Heiges a q- 735197.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff VS. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: 06 - S g bb r?` v. } C NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH 735194.1 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- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Corporation, now byassignment, Tammac Holdings Corporation 735194.1 2 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION ALLAN M. KLUGER JOSEPH A. QUINN, JR. LAW OFFICES RICHARD M. GOLDBERG ARTHUR L. PICCONE 600 THIRD AVENUE RICHARD S. BISHOP JOSEPH E. KLUGER KINGSTON PA 18704-5815 JAMES T. SHOEMAKER DONALD C. LIGORIO , MICHELLE M. QUINN RICHARD M. WILLIAMS DAVID AIKENS, JR. TERRENCE J. HERRON (570) 287-3000 DAVID W. SABA JOSEPH P. MELLODY, JR. FACSIMILE (570) 287-8005 AMANDA V. WRIGHT-KLUGER MICHAEL A. LOMBARDO III KELLY M. OCHREITER DONNA EM DAVIS' E-MAIL: hkq@hkgpc.com PAUL KEELER 'DISTRICT OF COLUMBIA BAR ANDREW HOURIGAN, JR. 1948-1978 October 4, 2006 Mildred Holland 5169 E. Trindle Street Lot 35 Mechanicsburg, PA 17055 SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 18503-2014 (570) 346-8414 FACSIMILE (570) 961 5072 RE: Account No.: 05-1223 Property Address: 5169 E. Trindle Street, Lot 35, 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, James T. S oemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 735200.1 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, Plaintiff vs. MILDRED D. HOLLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: 06 - Si6(0b C.?J.I )ef^^ COMPLAINT The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 2. Ms. Holland is an adult individual having a last known address of 5169 E. Trindle Road #35, Mechanicsburg, PA 17055. 3. On or about February 10, 2005, Tammac made a loan to Ms. Holland in the 735203.1 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 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. 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 June 10, 2006 payment. 8. 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. 9. Tammac believes and therefore avers that Ms. Holland has possession of the Collateral. 10. 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 Tammac. 11. The balance of the Note as of September 13, 2006 was $47,207.79, consisting of 735203.1 2 principal in the amount of $43,827.41, accrued interest in the amount of $2,245.98, miscellaneous charges in the amount of $1,082.40, and late charges in the amount of $52.00, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Holland in the amount of $47,207.79, plus interest from September 13, 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, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 4, 2006 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. oemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 735203.1 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. §4904 relating to unsworn falsification to authorities. nda Heiges 735197.1 Borroweris) Mildred D Holland 5169 E Trindle Rd #35 Mechanicsburg, PA 17055 Lender Tammac Corporation 275 Mundy Street Wilkes-Barre, PA 18702 "I" means each Borrower above, jointly and severally. I "You" means the Lender, its successors and assigns. Date 2/10/2005 A phrase, clause, or paragraph on this form that is preceded by a that is not checked does not apply to this loan. Note - For value received, 1 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 ? Post Maturity Interest - After maturity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance Charge - I also agree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld from the proceeds. (if this fee is withheld from the proceeds, the amount is included in the principal sum.) Payments - The number, amount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan is - TO PURCHASE A MOBILE HOME ? 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 - ? This loan is secured by dated 2/10/2005 ® 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 281 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: ? (description of other property) ® the Goods or Property being purchased. 5169 E Trindle Rd 935 Mechanicsburg PA 17055 ? Collateral securing other loans with you may also secure this loan. ® Late Charge - 1 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 pay off this note early, I will not have to pay a penalty. ? If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. 1 can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. ? If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life - ? Single ? Joint Insured Credit Disability - ? Single E] Joint Credit Unemployment - ? Single ? Insured Joint Insured Premium $ Term Premium $ Term Premium $ Term Name of Insurance Company My signature below means I want (only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. X D.O.B. 7/17/1959 X D.O.B. X D.O.B. X D.O.B. Q 1997 Sanke(s Systems, Inc., St. Cloud, MN Fam FC-SI-DN-PA 311412002 (page 1 of 3) t 'k A // Itemization of Amount Financed Amount paid to me directly S n-00 Amount paid on my account S Amounts paid to others on my behalf' To insurance companies S 17S4.00 To public officials - filing fees only $ Totpublic officials - other than filing fees $ Amount pd on yQur behalf $ 44310.00 Buydown _ $ Additional Finance Fees $ 142.50 S S (Minus) Prepaid Finance Charge $ 1396.50 Amount Financed $ 44310.00 'You may retain or receive a portion of these amounts. [] Property Insu a - Property insurance is required. 1 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 Definitions - "1," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. Name and Location - My name and address indicated on page 1 are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. Commissions or Other Remuneration - I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and 1 will still be obligated to pay this ban. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Prepayment - 1 may prepay this loan in whole or in part at any time. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Default - I will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1.The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. O 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/1412002 (page 2 of 31 ADDITIONAL TERMS OF THE SECURITY AGREE W Secured Obligations - This security agreement secures this loan (including all extensions, renewals, refinancings and modifications) and any other debt 1 have with you now or later. Property described in this security agreement will not secure other such debts if and to the extent the property: 1. constitutes my principal residence; or 2. is household goods. This Security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan; and 2. Payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights). It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that I own all the Property. 1 will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. 1 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 all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If 1 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 1 might be required to pay for the insurance 1 have agreed to buy on this note. Default And Remedies - If I am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Perfection of Security Interest - I authorize you to file a financing statement covering the Property. I agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay all actual costs of terminating your security interest. Signatures - I agree to the terms on pages 1, 2 and 3 of this agreement. 1 have received a copy of this document on today's date. COSIGNERS - SEE SEPARATE NOTICE BEFORE SIGNING. Signature ?P" ,V Signature Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. 1 will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts 1 still owe you, will pay the difference. Signature Signature O 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 311412002 (page 3 of 31 C, PA TITLED _I .' DATEOFISSUE, lp A 5$ ETER DISCLOSURE F •iNrw +hl}?.. `..N1y.JIY+l4.? r T.. Af RAL LAM 4 'PT - ??ra yt na .:; ! 5 ? r L r C M U ? .; 7 0 50 fl "AS ` it ` FAVrJfl OF g.. , FAVOR OF: x `? MAC CORPORATION ? r ?? ss r a ,. r. ?stedupon selLSTacLnn W #"• lyu ,.r .: r , j Iva d v4, Tare to ahe 8U ea of z - +_W^V 0EYN f1CLEA5ED ffiaTl eno 1- ti,r p ' , a* BY - SEOOND LW4 RELEASED d . AUTHORIZED REPRESENTATIVE - DATE l4il lG ADDRESS - BY S ' nO 068 AUTHORIZED: REPRESENTATIVE TAMMAC CORPORLAJTION c l00 COMMERCE BLVD STE X 200 -' MILKES BARRE PA 18702 r s 1 0&--* m Of ub date of ?inue, the ollydel ? of W. P-m- Depei>ma.a`- • Of Tnm.porWm re1NQ that ft h pan,on(.) or owrp" ram.d her* Is OIa Mfd oww - ' of "" 0611 vsttlol.. S-r-u of Tr.-V-- ED AND SWORNM 8 1 ?,ati '^d??Pw? Iwr?ry miha. .vcit?. ?. cwrw o rrc., w M» +M.1. e., ;lOC.+, ?jMt] ? 1`? ?r..ugcm - .Y OWr N,Ni !]stF? 4xn Mrs- t M-I111 1v -I CFI AUTFl')R2E0 SIGNER Slu^II<TURF OF GPgPPLICPNi.TiLE OF 1 j . _i ? GGM1Et+ - - Of &s,?f en Ir7is oT17 tier nes uy hi ` h lt"o14 r6 ml - -?.. nltlF i' Zip? , _ HEOh. HFNE FIHANUA Yrf IfYI ITVTIOh?7J0? '?. DA Ffq C . k ..;.t a - STAit Z7F' IF THIS IS AN FLT, CHFC L1FRE ? FINANGAL NO'T: Fi UIZ? INSTITUTION NO i t IV, s 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, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW MILDRED D. HOLLAND, Defendant REPLEVIN No.: D ? - S Y66 Cw,1 1 C,rn BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits its brief in support of plaintiff's motion for writ of seizure against the defendant, Mildred D. Holland ("Ms. Holland"), as follows: 1. HISTORY OF THE CASE Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. Ms. Holland is an adult individual having a last known address of 5169 E. Trindle Road #35, Mechanicsburg, PA 17055. On or about February 10, 2005, Tammac made a loan to Ms. 735204.1 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 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 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. Tammac 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 Tammac by Ms. Holland under the Note. Tammac believes and therefore avers that Ms. Holland has possession of the Collateral. 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 Tammac. The balance of the Note as of September 13, 2006 was $47,207.79, consisting of principal in the amount of $43,827.41, accrued interest in the amount of $2,245.98, miscellaneous charges in the amount of $1,082.40, and late charges in the amount of $52.00, exclusive of attorneys' fees and costs. 735204.1 2 II. STATEMENT OF THE QUESTION 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 of a prejudgment writ of seizure after notice and hearing which is designed to be in accordance with the due process requirements enumerated in Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556, reh.den., 409 U.S. 902, 93 S.Ct. 177, 34 L.Ed.2d 165 (1972). The procedure set forth in Pa.R.Civ.P. No. 1075.1 is one of two means for obtaining the remedy of a prejudgment seizure of property in a replevin action. In appropriate cases, the plaintiff may cause a writ of seizure to be issued ex parte with notice and a hearing postponed until after the property is seized. See Pa.R.Civ.P. No. 1075.2. To invoke the remedy of a prejudgment seizure of property in a replevin action after notice and a hearing, the plaintiff must file a motion for writ of seizure. See Pa.R.Civ.P. No. 1075.1(a). The plaintiff may move for the issuance of a writ of seizure after the complaint has been filed, whether or not the complaint has been served. Pa.R.Civ.P. No. 1075.1(a). Upon the filing of the motion for issuance of a writ of seizure, the court must fix the date and time for a hearing on the motion. See Pa.R.Civ.P. No. 1075.1(a). A hearing on a motion for a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Civ.P.No. 1075. 1 (e); see also Equico Lessors Inc. v. Ewin>;, 281 Pa. Super. 147, 152, 421 A.2d 1190, 1193 (1980) (holding 735204.1 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. See 4 Goodrich Amram 2d § 1075.1(e):1 (1991). If the court is satisfied that the notice requirements of Pa.R.Civ.P. No. 1075 have been met, the court must determine from the complaint, affidavits, testimony, admissions, or other evidence which may be received whether the plaintiff has established the probable validity of his claim and, if so, the court may order a writ of seizure to be issued upon the filing of a bond as provided by the Pennsylvania Rules of Civil Procedure. See 4 Goodrich Amram 2d § 1075.1(e):1. The rule does not mandate any particular form of hearing on the motion for a writ of seizure. It seems that all that is required is an opportunity for the plaintiff to show that the action is free of fraud, accident, or mistake, and that there is a probability that he or she may sustain his right to possession of the property. See 4 Goodrich Amram 2d §1075.1(e):I (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 735204.1 4 possession of the subject property. See Pa.R.Civ.P. No. 1075.4(a); see also Mayer v. Chelton Ave. Bldg Corp., 321 Pa. 193, 196, 183 A. 773. 774 (1936); General Motors Acceptance Corp. v. Burns, 25 D&C 2d 293, 296-300 (1961). Additionally, the form of the writ of seizure prescribed by the Pennsylvania Rules of Civil Procedure specifically directs the sheriff to seize the subject property. See Pa.R.Civ.P. No. 1354. Furthermore, it has been held that even a defendant who is properly in possession of the subject property by virtue of a valid lien is obligated to surrender possession to the sheriff. See Mitchell v. McKinnis, 284 Pa. Super. 469, 473, 426 A.2d 142, 144 (1981) (noting that the defendant had no right to give a counter-bond and keep possession since his lien was fully protected by the plaintiff's bond). The sheriff must take physical possession of the property. The sheriff has the right to enter the defendant's house for the purpose of searching for the goods, provided that in doing so he does not exceed the limits prescribed by the law. See Kneas v. Fitler, 2 Serg & R 263, 264 (Pa. 1816); Mayer, 321 Pa. At 196, 183 A. at 774. The sheriff has the right to enter a door already opened and may even be authorized to break open doors and enter by force in order to execute the writ of seizure. See Commonwealth v. Temple, 38 D&C 2d 120,127 (1965). However, the sheriff may use no more force than necessary and must exercise due care. See Mayer, 321 Pa. at 196, 183 A. at 774. The burden is upon the plaintiff in a replevin action to establish every material element of his case upon which an issue is raised under his pleadings. Blossom Prods. Corp. v. National Underwear Co., 325 Pa. 383, 387, 191 A.40,42 (1937). The plaintiff must establish his right to possession of the subject property by a preponderance of the evidence. See Petition of Allstate Ins. Co., 289 Pa. Super. 329, 333, 433 A.2d 91, 93 (1981). A 735204.1 5 claimant who asserts a lien and a right to possession until the lien is discharged is not required to prove a title in addition to the right of possession. See Griffin v. Keefer, 30 Dauph. Co. Rep. 315, 317 (1927). Once the plaintiff establishes his right to possession, the burden of proof shifts to the defendant to prove her right to retain possession. See Petition of Allstate, 289 Pa. Super. at 333, 433 A.2d at 93; Carroll v. Godding, 155 Pa. Super. 490,492, 38 A.2d 720, 721 (1944); Johnson v.Staples, 135 Pa. Super. 274, 280, 5 A.2d 433, 436 (1939). IV. CONCLUSION In light of the foregoing, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile y Dated: ?r /, 2006 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 735204.1 6 Borrower(s) Mildred D Holland 5169 E Trindle Rd #35 Mechanicsburg, PA 17055 "I" means each Borrower above, jointly and severally Lender Tammac Corporation 275 Mundy Street Wilkes-Barre, PA 18702 "You" means the Lender, its successors and assigns. Date 2/10/2005 A phrase, clause, or paragraph on this form that is preceded by a that is not checked does not apply to this loan. Note - For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Forty-f ive 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 ? Post Maturity Interest - After maturity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance Charge - 1 also agree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld from the proceeds. (If this fee is withheld from the proceeds, the amount is included in the principal sum.) Payments - The number, amount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - TO PURCHASE A MOBILE HOME ? Bad Check Charge - I agree to pay a charge of S if I make a payment with a check that is dishonored. This Loan Made Under - ? This loan is secured by dated 2/10/2005 ® 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 i The amount of credit The amount I will have paid when as a yearly rate. cred t will cost me. provided to me or on my behalf. I have made all scheduled payments. 15.73 % $ 54474.00 S 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 - 1 am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 5169 E Trind(e Rd #35 Mechanicsburg PA 17055 ? Collateral securing other loans with you may also secure this ban. ® 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 pay off this note early, I will not have to pay a penalty. ? If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. 1 can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date , and prepayment refunds and penalties. LJ If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life - ? Single ? Joint Insured Credit Disability - ? Single ? Joint Insured Credit Unemployment - ? Single ? Joint Insured Name of Insurance Company My signature below means I want (only) the insurance coverage(s) quoted above x D.O.B. 7/17/1959 x D.O.B. x Premium $ Term Premium S Term Premium 5 Term If none are quoted, 1 have declined all coverages you offered. O.O.B. D.O.B. ® 1997 Bankefs Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3114/2002 (page 1 of 31 1111 A// Itemization of Amount Financed Amount paid to me directly S 0_00 Amount paid on my account S Amounts paid to others on my behalf' To insurance companies 5 1254.00 To public officials - Tiling fees only $ To public officials - other than filing fees Amct"?,int on your behalf Buydown Additional Finance Fees $ 44310,00 S $ 142.50 S (Minusl Prepaid Finance Charge $ 1396.50 Amount Financed $ 44310.00 *You may retain or receive a portion of these amounts. ? Property Insu 3 - Property insurance is required. I may obtain property insurance from anyone I want that is acceptable to you. If 1 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 Definitions - "I," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. Name and Location - My name and address indicated on page 1 are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. Commissions or Other Remuneration - I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. Prepayment - I may prepay this loan in whole or in part at any time. If 1 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 - 1 will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan for both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable, attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - 1 waive Ito the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Financial Statements - 1 will give you any financial statements or information that you feel is necessary. All financial statements and information l give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1.The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, (2l you received two notices in the prior one-year period, or 13) other extreme circumstances exist. ® 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-S!-ON-PA 3114/2002 !page 2 of X ADDITIONAL TERMS OF THE SECURITY AGREF VT Secured Obligations - This security agreement secures this loan (including all extensions, renewals, refinancings and modifications) and any other debt I have with you now or later. Property described in this security agreement will not secure other such debts if and to the extent the property; 1. constitutes my principal residence; or 2. is household goods. This Security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan; and 2. Payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights). It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that I own all the Property. 1 will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. 1 will not do anything to harm your position. 1 will keep the Property in my possession (except if pledged and delivered to you). I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. 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. 1 will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company 1 might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If 1 am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Perfection of Security Interest - I authorize you to file a financing statement covering the Property. I agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay all actual costs of terminating your security interest. Signatures - I agree to the terms on pages 1, 2 and 3 of this agreement. 1 have received a copy of this document on today's date. COSIGNERS - SEE SEPARATE NOTICE BEFORE SIGNING. ?? I Signature / ' /, ?L, Signature Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. 1 will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, 1 will pay the difference. Signature Signature 0 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/14/2002 (page 3 of 3) Oita, pMETIER DISCLOSURE' 4 l . U. 70 , AC RpRAT ON n QcuFa" ?+ ' , er d. AUTh'OTC7FDD _AEPRESENTATIVE -7Tlm ApJNG ADORES$ . 068001 TAKMAC. CORPORATION 100 IbOAMEiltCE BLVD STE W LKES BARRE PA 1,6702 t I arli(y as d IM date d ?kwa, the dfidal neco?ds d 1M YMnsyNAlYe ?- d Tnappoitatbn nMsd tiallMP?lsl ar ?^W^Y named hMlMlklie.fiw?R oahefs . • • of lM add VbtY016 - „. !SE ,. " ' 1 FOR TITLE AND LIEN INFORMATION CO "LETED, 9CRIGED AND SWORN LAW 4R ?F G L P y ''UPai ?l PATE ??r AUTNORCM REPFESENTAT1VE ` r F? AL :ElV _ tf 4W' . ""> '} F ?? ' --1 -.' ?'+ ?i?'- t {°?J -? -,i s -, -_ ?' ,' c;; , HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: 06-5866 - Civil Term AFFIDAVIT OF SERVICE I, James T. Shoemaker, Esquire, counsel for the plaintiff, Tammac Holdings Corporation, being duly sworn according to law, depose and say as follows: On October 31, 2006, 1 served a true and correct copy of the plaintiff's notice of hearing for seizure of property upon the defendant, Mildred Holland, by way of certified mail, return receipt requested. The certified mail was delivered on November 2, 2006, as evidenced by the United States Postal Service Form 3811. A copy of my transmittal letter dated October 31, 2006, the US Postal Service Form 3800, and the US Postal Form 3811 is attached hereto as Exhibit "A" and incorporated herein by reference. James . Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Holdings Corporation Sworn and subscribed to before me this 157 day of November, 2006. NOTA PUBLIC Co'rt..i T ! C<SYLVAI'IA o.? 11- ktAR1Q11c ??JiEX?s L?,Nri-2 County res cd?,..,rseP;rrsOt2be: 9? 1 18, 200$ 741974.1 My CpMMISSfon EXP' WA ..n Q CERTIFIED MAIL , RECEIPT CIO (Domestic Only. No In surance Coverage Provided) For d live inf ti i it b i I'Ll ..o e ry orma on v s o ur we s te at www.usps.corn E ul o C&SWIfte PWRO rlrnark ReaMded Delivery Fee (Ertdo M"Ism Required) rl Total ftatme & Fees U1 C3 S" TO per --wo:; ..... --- ............... ---- ... . or PO Box N . - ---- ...... J......... - ----------- - -- i PS Form 3800 June 20OLI See H, -,s, 1- -tr-fi n , o s ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpieceF, or on the front If space permits. A. Sign re ' X $-4gent ? Addressee B. Received by (Printed Name) C. Date of De ery D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 1?p No 3. Service type mail ? Express Mail a 0 Registered Ii;Aetum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. ArticleHutr?ber 7005 1820 0005 2462 6806 (iiansler from s PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-151 Article Addressed to: 1. lk&e?a? ?v? HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION ALLAN M. KLUGER RICHARD M. GOLDBERG RICHARD S. BISHOP JAMES T. SHOEMAKER MICHELLE M. QUINN DAVID AIKENS, JR. DAVID W. SABA AMANDA V. WRIGHT-KLUGER KELLY M. OCHREITER PAUL KEELER JOSEPH A. QUINN, JR. ARTHUR L. PICCONE JOSEPH E. KLUGER DONALD C. LIGORIO RICHARD M. WILLIAMS TERRENCEJ.H£RRON JOSEPH P. MELLODY, JR. MICHAEL A. LOMBARDO III DONNA EM DAVIS' LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 1 8704-58 1 5 (570) 287-3000 FACSIMILE (570) 287-8005 E-MAIL: hkq@hkgpc.com SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 18503-2014 (570) 346-8414 FACSIMILE (570) 961-5072 Ext. 1 126 -DISTRICT OF COLUMBIA BAR ANDREW HOURIGAN, JR. 1948-1978 Direct E-Mail: ishoemaker dhkgpc.com October 31, 2006 Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Re: Tammac Corporation, now by assignment, Tammac Holdings Corporation vs. Mildred D. Holland No. 06-5866-Civil Term(Cumberland County)(Replevin) Tammac Account No.: 05-1223 Our File No.: 67583-952 Dear Sir/Madam: I am enclosing for filing, in connection with the above-referenced matter, an original and three copies of a notice of hearing for seizure of property. Upon your receipt of the enclosed, please file the original and the requisite number of copies, if any, of the enclosed notice on my behalf. Thereafter, kindly forward a file-stamped copy of the notice, together with the check made payable to the order of the Sheriff in the amount of $100.00, the Sheriff's instruction letter, and one of the self-addressed, stamped envelopes to the Sheriff, for service of the notice upon the defendant, Mildred Holland, at 5169 E. Trindle Road #35, Mechanicsburg, Cumberland County, PA 17055. Finally, kindly return to me a file-stamped copy of the enclosed notice in the self- addressed, stamped envelope I am providing for that purpose. By way of copy of this letter, I am serving a true and correct copy of the enclosed notice upon the defendant, via certified mail, return receipt requested, and via overnight courier. Thank you for your assistance with this matter. 741967.1 October 31, 2006 Page two Please call me if you have any questions. Respectfully, James T. Shoemaker JTS:mz enclosures pc: Cumberland County Sheriff (w/o encl) Mildred Holland via certified mail, return receipt requested, article # 7005 1820 0005 2462 6806 and United Parcel Service - Overnight Courier - Tracking # 1Z F14 A09 22 1007 432 2 (w/encl) Janine Dick (w/encl) Kelly M. Ochreiter, Esquire (w/encl) 741967.1 -? --' f' cr __{ ..?- ?? ?? 6": t _ ?.. __r?i 1 , ,? =_ _,_ C/`? '.'G. r- . yl SHERIFF'S RETURN - REGULAR CASE NO: 2006-05866 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HOLLAND MILDRED D RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING FOR HOLLAND MILDRED D was served upon the DEFENDANT , at 1821:00 HOURS, on the 7th day of November-, 2006 at 5169 E TRINDLE ROAD #35 MECHANICSBURG, PA 17055 MILDRED D HOLLAND by handing to a true and attested copy of NOTICE OF HEARING FOR SEIZURE OF PROPERTY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 %% . Service 9.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68-/ 11/08/2006 HOURIGAN KLUGER QUINN Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05866 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HOLLAND MILDRED D RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER, MOTION, COMPLAINT was served upon HOLLAND MILDRED D the DEFENDANT , at 1821:00 HOURS, on the 7th day of November-, 2006 at 5169 E TRINDLE ROAD #35 MECHANICSBURG, PA 17055 by handing to MILDRED D HOLLAND a true and attested copy of ORDER, MOTION, COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68,/ 11/08/2006 //P/01, L), HOURIGAN KLUGER QUINN Sworn and Subscibed to By: before me this day Deputy Sh riff of A. D. HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff VS. CIVIL ACTION - LAW MILDRED D. HOLLAND, REPLEVIN Defendant No.: Dlo _ 58to(p C ivy PLAINTIFF'S AMENDED MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075.1. its motion for writ of seizure, against the defendant, 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 Pa.R.C.P. No.1075.1(b), incorporated herein by reference pursuant to Pa.R.C.P. No.l 019(g) and marked as Exhibit "1.") Pursuant to Local Rule 208.3(a)(2), counsel for the plaintiff hereby confirms that no judge has ruled on any other issue in the above-captioned matter or any related matter 757436.2 except plaintiff had twice previously commenced an action in replevin against the defendant at Nos. 06-2031 (Judge Ebert) and 06-5866 (Judge Hess). Both matters were discontinued without prejudice by the plaintiff. Pursuant to Local Rule 208.2(d), counsel for the plaintiff hereby confirms that the defendant is pro se and that her concurrence in the motion to seize her 2002 Redman manufactured home bearing Serial No. 12238693AB was not sought. WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. I BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: March 19, 2007 757936.2 2 C C= 0 -n r-, r :gum '3 ) r- W m W HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esq. IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. MILDRED D. HOLLAND, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: 06-5866 - Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Please discontinue the above action without prejudice. Thank you. Respectfully submitted, HOURICA1, -CLUGER & QUI P.C. BY: MES T. SHOEMAKER, ESQUIRE ID NO 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (Telephone) (570) 287-8005 (Facsimile) Date: September 2, 2009 880342.1 2009 SEP --3 PH 3: 12 UM ;-.. _:. E4