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HomeMy WebLinkAbout06-7157 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. GUNNER R. GUNDERSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: d L ?'/-9 vac 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 BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 747806.1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: V James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 747806.1 2 Decemberil , 2006 Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 RE: Account No.: 05-2543 Property Address: 112 Rustic Drive. Shippensburg PA 17257 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, 77 James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 747804.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. GUNNER R. GUNDERSON, Defendant COMPLAINT CIVIL ACTION - LAW REPLEVIN No.: W-17 C,,-;Ll L The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Gunner R. Gunderson ("Mr. Gunderson"), 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. Mr. Gunderson is an adult individual having a last known address of 112 Rustic Drive, Shippensburg, PA 17257. 3. On or about June 28, 2005, Mr. Gunderson was the owner of a 1999 Dutchess mobile home bearing VIN 220188E (the "Collateral'). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 747798.1 4. On or about June 28, 2005, Tammac made a loan to Mr. Gunderson in amount of $44,227.50, as evidenced by a note dated June 28, 2005 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, Mr. Gunderson granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. 7. Mr. Gunderson defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Mr. Gunderson is due for his August 28, 2006 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Gunderson under the Note. 10. Tammac believes and therefore avers that Mr. Gunderson has possession of the Collateral. 11. Mr. Gunderson has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of December 6, 2006 was $45,250.09, consisting of principal in the amount of $43,160.71, accrued interest in the amount of $2,071.04, and late charges in the amount of $20.00, less a partial payment of $1.66, exclusive of attorneys' fees and costs. 747798.1 2 WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. Gunderson in the amount of $45,250.09, plus interest from December 6, 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: L--?' James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December _!_Y, 2006 747798.1 3 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager for 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. Samuel Marsola 747799.1 Borrower(s) Gunner R Gunderson 112 Rustic Dr Shippensburg, PA 17257 "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 06/28/2005 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-four thousand two hundred twenty-seven and 50/100 Dollars $ 44227.50 plus interest from 06/28/2005 at the rate of 13.5 % per year until _06/28/2020 ? 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 - 1 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 06/28/2005 ® 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. 1999 56' X 28' Dutch 220188E ANNUAL PERCENTAGE RATE The cost of my credit FINANCE CHARGE The dollar amount the AMOUNT FINANCED The amount of credit TOTAL OF PAYMENTS 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. 14.10 % $ 60459.60 $ 42900.00 $ 103359.60 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 180 574.22 Beginning 7/28/2005 and on the 28th of each successive month thereafter. Security - I am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 112 Rustic Dr Shippensburg PA 17257 ? Collateral securing other loans with you may also secure this loan. ® 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 hi l assume t s oan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life -E] 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 gn ture below can ant (only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. D.O.B. 11/21/1957 X D.O.B. X D.O.B. X D.O.B. 0 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/14/2002 (page 1 of 3) Itemization of Amount Financed Amount paid to me directly Amount paid on my account Amounts paid to others on my behalf' To insurance companies To public officials - filing fees only To public officials - other than filing fees Amount pd on your behalf Buydown Additional Finance Fees (Minus) Prepaid Finance Charge Amount Financed S S $ 1210.00 S S $ 42900.00 5 $ 117.50 S S $ 1327.50 $ 42900.00 *You may retain or receive a portion of these amounts. ® Property Insura, - 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 $ 1210. 00 for three years of coverage. Insurance Commissions - I understand and agree that any insurance premiums paid to insurance companies as part of this loan will involve money retained by you or paid back to you as commissions or other remuneration. ADDITIONAL TERMS OF THE NOTE Definitions - "I," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change to this note or any agreement securing this note must be in writing and signed by you and me. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 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. 1 will provide you with at least 30 days notice prior to changing my name or principal residence. Commissions or Other Remuneration - I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. Prepayment - I may prepay this loan in whole or in part at any time. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. 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. also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and 1 will still be obligated to pay this loan. Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1. The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, (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 3/14/2002 (page 2 of 3J ADDITIONAL TERMS OF THE SECURITY AGREEI 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. I will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. 1 will keep the Property in my possession (except if pledged and delivered to you). I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. I will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If 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. Signatur 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, I will pay the difference. Signature Signature O 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/14/2002 (page 3 of 3) 1 t I VEHICLE CEF IVfj,C L-: F "ITL F A ":::`;:o:,,o.e,;:;.:;`'ae::,,:;;,,o?:?•::?.;:;,::-::::::::,,.:? ::::::::::::.:-:?o,.::::::.:::,::::::?,:?:::::::,:::::?a;;oo??o????'?;"?:???;??;;o??:?;?s;??'r'iia;i`?a;?'?o:::::''e;?e;,; '-e?; N 00 N W W e?? - a?LN hficA? Nu a? ?I _r?A twE of"v.N)? wte , .. a ?.._. .? „ TITLE STS: uD 2 F rr•'I- CUP SEAT AP pR1,017I Uh F 1ItlU"h'??? QD©M V,11LE5 ODr7 1 TATI ? z .. ., .. ,L . .... ,». „ .. ... .. DATE PA TITLED DATE OF ISSUE UNLADEN JI-IGHT GVNlR GCWR TITLE BRANDS ,MINI ?0$7R STATUS .- ???.tI 4 ? n TJAL +nLEI?SE n Jl?, , C?FbS t'hE tIF(T AMI t 5 t ', LII.Ir1 i t=N TTHEAC-T 4 MI E4 ?- I ?S'•. , -NIT THE ACTL f• C -_ECE JE' I III t T MPEPW5 VU7I IEL ,?. 4_E EIIFT FPOI LL _f?f4.L L `J I ..? R ER tl35CL SU ??. ?yy?qq((4"' ERAL LAW T. I E V& LF E Ffnl,... fl D D O M oTN?R(S1 OI ?t ti `- ?. A tiTx ? - 'Fh?II ,Kl ?. k?tiMllq'u 60 GUNNER R G.tl40: ' " "" '"".lane L -)VT DCI EI , -)VT OF LU IF 112 RUSTIC DR ,Wb0T' SHIPPE IISBURG PA 172 P ° RICIL,TTJFLL\-i, LE L LOG n.,- VEHI Lf F ? T:NVA", 1, P L FI 1I,:LIE R < RC;.ON?TRI AL D _ ' .. - _ - SiACrr HOC T e riFCO'VFf,En THE, I :' ?.'CLF . VF1{E(L F TA If. I.C Vi . rLMC VEH Cyr FIH51 l IFN tCF. - - cFCyDF ?LIE('+IFA1l,6 !0?:? - 1 M'A' ATti I Q TAMMAC CORPORATION "di ?` _ _ RynhpF4 r luJ-t I.-td , t116 71tIr 46 &Lr n ?f Mo'or V,.f I L wl,l 1rr . IW"FItiM W I1Tn and fee lFCiT LIEN RLlIEASE D > o t - - OATF - HF SECO'JD LIEN RELEASED AUIHO,HIZED REPFESENjATIVE D+TE 4Y_` E AUTHORIZED PEFRESCN-nT /E D6$001 ' TAMMAC CORPORAf lON 1010 COMMERCE S Vb STE 200 WILKES BORE PA 18702 1 cenity aS of the dale of Issue, the official records of the Pennsylvania Department ALLEN D B I L H L E R of Transportation reflect that the person(s) or company named neteln is the lawful ovfrler _' ? • of the said yehlcle ?.... SeCrtetary of 17an$portatlon N D I N SW rx er ahd yob want the title " a purc a other h y rou spouse s E 7 QF R PE e be lis ted as 'J Itl RI ht of Sumv mt Te hants (On death of on , Q . ?H hlp Xy 9 Ay 11 Ow survivi "ef H' EFiE ner tale )he title C?11YterwisG, B - V! NI,, WIWI* iss aea$'7pnants om"(6t?death o+ cne YY V not, interes(vbf f p da 8eedtitNrpr g60 to his?er het s c,r gstatel "r i T}i ,., JdE CT F'°A, NA .., ... - 1ST LIEN DA7?- ,.. - --? )F n0 LIEN. CHE!ti4 1ST LIENHOLDER PJ'v _. I STET 1 w ipG? III YJ ii !n I ?LTAT- 71? i ?;II V!I?N Idii ? ? __ - Jlludlhl?Il IrM7FIS't S A"'""ry NG " K HER FINA N I' f»'!u INSTII7iIi7 NO. '. T IF NO LIEN, CNECK 21,10 LIEN E , -,I ; N D ? r" , uraardpr,ed r - . er r. rcI. 1 . mR vatkra aes t?-! . O , { ?? a :„elan e ma , " _ n , , ?r . .. yb mM II t 2ND 1.1EhH C'N.UL.R - -"- 1u?h1d wyi' - a[GNATUHE OF APPUCAM ,1 & -1 ' 7F751WNF' SIGNATURE OF GO"APPLICANTITITLE OF P.TRr_ET urlw C ITi S1+1C )Z10 - Ii. TNIS IS r CHECK HEHL 11 FINANCIAL NRTE FIN REGl11RFn hJ jNST17LTP3N NO, 1 O v V r? 0 n? F- u CD 0 /D ib 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 CIVIL ACTION - LAW vs. REPLEVIN GUNNER R. GUNDERSON, Defendant No.: O(. -7.5`7 l:. t v r L PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075.1, its motion for writ of seizure, against the defendant, Gunner R. Gunderson ("Mr. Gunderson"), 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.1 075.1 (b), incorporated herein by reference pursuant to Pa.R.C.P. No. 1019(g) and marked as Exhibit "1.") 747803.1 t? I? WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December t `( , 2006 747803.1 2 • VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager for 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. a?LI14ZZ Samuel Marsola 747800.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN GUNNER R. GUNDERSON, Defendant COMPLAINT No.: 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, Gunner R. Gunderson ("Mr. Gunderson"), 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. Mr. Gunderson is an adult individual having a last known address of 112 Rustic Drive, Shippensburg, PA 17257. 3. On or about June 28, 2005, Mr. Gunderson was the owner of a 1999 Dutchess mobile home bearing VIN 220188E (the "Collateral'). 747798.1 4. On or about June 28, 2005, Tammac made a loan to Mr. Gunderson in amount of $44,227.50, as evidenced by a note dated June 28, 2005 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, Mr. Gunderson granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. 7. Mr. Gunderson defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Mr. Gunderson is due for his August 28, 2006 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Gunderson under the Note. 10. Tammac believes and therefore avers that Mr. Gunderson has possession of the Collateral. 11. Mr. Gunderson has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of December 6, 2006 was $45,250.09, consisting of principal in the amount of $43,160.71, accrued interest in the amount of $2,071.04, and late charges in the amount of $20.00, less a partial payment of $1.66, exclusive of attorneys' fees and costs. 747798.1 2 .. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. Gunderson in the amount of $45,250.09, plus interest from December 6, 2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December _!_Y, 2006 747798.1 3 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager for 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. Samuel Marsola 747799.1 tYl TI i. ?q CX) ^' 1 •. 0 DfC 19 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. GUNNER R. GUNDERSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW _ REPLEVIN No.. Defendant ORDER AND NOW, this _a_I day of , 2006, it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the day of , 200, at o'clock, 4 m., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, P om # 3. BY T E COU J. sc: in per R. Gunderson Ties T. Shoemaker, Esquire 747802.1 1 Y 0 .r1 °1 1-1,1 3 30 9 d a Z 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 REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term NOTICE OF HEARING FOR SEIZURE OF PROPERTY To: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 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 December 21, 2006 is attached to this notice. 2. There will be a hearing on this motion for writ of seizure on Friday, January 19, 2007 at 11 a.m. at the Cumberland County Courthouse Annex, One Courthouse Square, Carlisle, PA 17013, in Court Room No. 3. 750068.1 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. 4. Your failure to appear at the hearing may result in the seizure of the property claimed by the plaintiff before a final decision in this case. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: L??a James T. S oema cer, 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: January 3, 2007 750068.1 2 DEC 19 2006 M' TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff CIVIL ACTION - LAW _ vs. REPLEVIN GUNNER R. GUNDERSON, Defendant No.: ©(?, - ?1?s7 Cl?? L ORDER AND NOW, this / day of , 2006, _ -it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the 14'?day of 2007, at It 00 o'clock, 4.m,, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, P om # 3. BY T E COU J. sc: Gunner R. Gunderson James T. Shoemaker, Esquire 747802.1 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. GUNNER R. GUNDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.. r- N C:7 r M c.? T`.J .fJ rw.? PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075. 1, its motion for writ of seizure, against the defendant, Gunner R. Gunderson ("Mr. Gunderson"), 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.") 10 -n -r_ -71 r: -t --3 747803.1 WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire 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: December I Y 2006 747803. 1 2 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager for 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. Samuel Marsola 747800.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GUNNER R. GUNDERSON, Defendant COMPLAINT CIVIL ACTION - LAW REPLEVIN No.. 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, Gunner R. Gunderson ("Mr. Gunderson"), 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. Mr. Gunderson is an adult individual having a last known address of 112 Rustic Drive, Shippensburg, PA 17257. 3. On or about June 28, 2005, Mr. Gunderson was the owner of a 1999 Dutchess mobile home bearing VIN 220188E (the "Collateral"). 747798.1 I // 4. On or about June 28, 2005, Tammac made a loan to Mr. Gunderson in amount of $44,227.50, as evidenced by a note dated June 28, 2005 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, Mr. Gunderson granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. 7. Mr. Gunderson defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Mr. Gunderson is due for his August 28, 2006 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Gunderson under the Note. 10. Tammac believes and therefore avers that Mr. Gunderson has possession of the Collateral. 11. Mr. Gunderson has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of December 6, 2006 was $45,250.09, consisting of principal in the amount of $43,1,60.71, accrued interest in the amount of $2,071.04, and late charges in the amount of $20.00, less a partial payment of $1.66, exclusive of attorneys' fees and costs. 747798.1 2 WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. Gunderson in the amount of $45,250.09, plus interest from December 6, 2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ?- James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December ! Y, 2006 747798.1 3 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager for 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. ??L alr-'O? Samuel Marsola 747799.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 n c 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 REPLEVIN r.? r GO C m iL ' -i GUNNER R. GUNDERSON, Defendants No.: 0 (? l L y`2 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 BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 747806.1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: l? James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 747806.1 2 Decemberwl , 2006 Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 RE: Account No.: 5p 2543 Property Address: 112 Rustic Drive, Shippensburg, PA 17257 IMPORTANT NOTICE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITTEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 747804.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. GUNNER R. GUNDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: COMPLAINT The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Gunner R. Gunderson ("Mr. Gunderson"), 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. Mr. Gunderson is an adult individual having a last known address of 112 Rustic Drive, Shippensburg, PA 17257. 3. On or about June 28, 2005, Mr. Gunderson was the owner of a 1999 Dutchess mobile home bearing VIN 220188E (the "Collateral"). 747798.1 i 4. On or about June 28, 2005, Tammac made a loan to Mr. Gunderson in amount of $44,227.50, as evidenced by a note dated June 28, 2005 (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A' and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, Mr. Gunderson granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. 7. Mr. Gunderson defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Mr. Gunderson is due for his August 28, 2006 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammmac by Mr. Gunderson under the Note. 10. Tammac believes and therefore avers that Mr. Gunderson has possession of the Collateral. 11. Mr. Gunderson has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of December 6, 2006 was $45,250.09, consisting of principal in the amount of $43,160.71, accrued interest in the amount of $2,071.04, and late charges in the amount of $20.00, less a partial payment of $1.66, exclusive of attorneys' fees and costs. 747798.1 2 WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. Gunderson in the amountjof $45,250.09, plus interest from December 6, 2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December _LY, 2006 747798.1 3 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager for 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. Samuel Marsola 747799.1 Borrorwerls) - Gunner R Gunderson 112 Rustic Dr Shippensburg, PA 17257 Lender Tammac Corporation 275 Mundy Street Wilkes-Barre, PA 18702 Date 06/28/2005 A phrase, clause, or paragraph on this form that is preceded by a that is not checked does not apply to this loan. "I" means each Borrower above, jointly and severally. "You" means the Lender, its successors and assigns. Note - For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Forty-four thousand two hundred twenty-seven and 50/100 Dollars $ 44227.50 plus interest from 06/28/2005 at the rate of 13 .5 % per year until 06J28/2020 ? 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 pcheduled 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 d Mobile Home ? Bad Check Charge - I agree to pay a charge of if I make a payment with a check that is dishonored. This Loan Made Under - ? This loan is secured by , dated 06/28/2005 ® 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. 1999 56' X 28' Dutch 2201884 ANNUAL PERCENTAGE RATE FINAN E CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The doll r 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. 14.10 % $ 60459.60 $ 42900.00 $ 103359.60 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 180 574.22 Beginning 7/28/2005 and on the 28th of each successive month thereafter. Security - I am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 112 Rustic Dr Shippensburg PA 17257 ? Collateral securing other loans with you may also secure this loan. ® 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 bis entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. ? If you do not meet your contract obligations, you Imay lose your Credit Insurance - Credit life, credit accident and sickhess (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless it 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 gn ture be{ow,+ylean ant (on,ly) ?thur i y X 3ncel coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. D.O?B. 11/21/1957 x D.O.B. D.0 1113 X Premium $ Term Premium $ Term Premium $ Term D.O.B. ?t?f/ O 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/14/2002 /page 1 of 3) Itemization of Amount Financed Amount paid to me directly $ 0-00 Amount paid on my account $ Amounts paid to others on my behalf' To insurance companies $ 1210.00 To public officials - filing fees only S To public officials - other than filing fees S Amount Dd on your behalf $ 42900.00 Buydown $ Additional Finance Fees $ 117.50 S _ S (Minus) Prepaid Finance Charge $ 1327.50 Amount Financed $ 42900.00 'You may retain or receive a portion of these amounts. ADDITIONAL TE i Definitions - "l," "me" or "my" means each Bor ower who signs this note and each other person or legal entity Including guarantors, endorsers, and sureties) who agrees to pay this not (together referred to as "us"). "You" or "your" means the Lender an its successors and assigns. If any part of this note cannot be enforced, such f ct will not affect the rest of this note. Any change to this note or any a reement securing this note must be in writing and signed by you and e. Any provision that appoints you as an agent is not subject to the provi ions 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 - 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 loon. 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 tr nsaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other re edy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. ® Property Insure, - Property insurance is required. I may obtain property insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, 1 will pay $ 1210 . 00 for three years of coverage. Insurance Commissions - I understand and agree that any insurance premiums paid to insurance companies as part of this loan will involve money retained by you or paid back to you as commissions or other remuneration. RMS 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 I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1. The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (1) you have abandoned the Manufactured Home, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. ®1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/1412002 (page 2 of 3) ADDITIONAL TERMS OF THE SECURITY AGREE[ T 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 dischargjed 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 eemed to apply first to the nonpurchase money portion of the loan, it any, and then to the purchase money obligations in the order in which the items were acquired. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings 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 fights). 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. I will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I will not do anything to harm your position. 1 will keep the Property in my possession (except if pledged and delivered to you). I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. I will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. 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. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If I am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. 1 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. 1 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. Signatur - 11/r?? - - Z:e Xf Signature Signature Signature ® 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/14/2002 (page 3 of 3) . mAl6W?WWR91Ea6l?li? § L r X. 1 it, k II ? QF ?BLT F 4?IfW k? t m• ••?.y}•y ^? ?.?'R1:f°: , l7 EZE. r :!{,? ax t• '.. `ol? 51, r odd ?. B?pv rc?E CuP SFJ7 CAP gq 7 n P pChi uiL?S ?L ?h1 STaTU? ? o Vii, ... 't LATE PA TITLED I PATE OF ISSUE UNLf?EN W?IQHT GWJR GCWRTITLE BFVNDS f i? F 7c t . ? 4. i Ts ? - 'I I p S ?I' $ w,u?ltiy hr. t O DOMETER DISGLOSORE?L ERAL LAM. c3DOraFfaD c4nsup {sTERED IDWN R 4 ? ' RANDS F lnw I I? ?-112' RUST. SHIPPENSB"" {?A R a c t Y ' F ISM' ;Ib VF'?CLE v? . ? ? ? 7 e SE7 JC3 I??' y_ -AMMAC CORPORATION' n 11e hoflgr rrr: ?'tfe •[Z j?t:N R lti,s?D ? ? ?ku} » ? ?.: ?psa.?x?w Iw ? ,; ?' II DF > SEOONLTUEN RELFASED AU?NZED BEFRE ENTATiVE - - f ;? X11 ING ADDAEtS r? G AUTHORIZED FEFRESEN FATFYE _ TAMMAC z?bRPORATI3N Loo c©t RCE $i vn sty aD D ft, WILKES `'BAA-R - Pk ,6 © " I:.rs MY W of the date of I.csua the oficlal records-ol Irre Penr>sylvanla Department - A L LE D 8 I E H L E R df Transportation reflect that the persbn(s) pf oompany tw ed hetaln M the lawhil o"r • of the saki veMd. ..: . SWORN If a cO5-'OfchB ,..?WW be It t9d as gwtau ill u F W&.m i3' " nl - _ e Td I, taI ueta uRt LHtr :. 1ST LIENHOI-btA I . I u STATF r 21P D 00 O r P „aa?l . F N H NO HER Q ? FINAryG AL iNSTI(7 r .,•• aG? « anMcu? itl rn. in )r>r +.rb. ». ?»_ 2ND LIEN DATE:,, ?? • IF 110 LIE CHECK h l - ? LL •. ,r+?.._ to art t r. ees u>? Mt M dal cW M ' ns hrdi?n.n. ?R w. * '• ,v Np.?.cEll. Htry,-DEF: it I vP 4l'hk V, 14 W 91G1UTt1gE OP APPL1Carfi.:;+A1THl HIZE SIGNED Ex" _v STA i:r" •11 'ZIP " TI":7u' SIGNATURE OF CO•AVRICIINTRRLE OF AUTHORIZED SIGNER ' - IF THIS IS AN ELT. CHECK HERE FI NANCIAL ? NOTE: FIN REQUIRED INSTITUTION NO. :' gall, • • • ' • r I nFr b Is Qi0 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 REPLEVIN GUNNER R. GUNDERSON, Defendant : No.: d b - ' gty 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, Gunner R. Gunderson ("Mr. Gunderson"), as follows: 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. Mr. Gunderson is an adult individual having a last known address of 112 Rustic Drive, Shippensburg, PA 17257. On or about June 28, 2005, Mr. Gunderson was the owner of a 1992 Dutchess mobile home bearing VIN 220118E (the "Collateral"). On or about June 28, 2005, Tammac made a loan to Mr. Gunderson in the amount of $44,227.50, as evidenced by a note 747801.1 dated June 28, 2005 (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, Mr. Gunderson granted Tammac a security interest in the Collateral, as evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) The Note was not assigned, except that Tammac is the successor in interest to Tammac Corporation. Mr. Gunderson defaulted by failing to make monthly payments of principal and interest due under the Note. Mr. Gunderson is due for his June 28, 2006 payment. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Gunderson under the Note. Tammac believes and therefore avers that Mr. Gunderson has possession of the Collateral. Mr. Gunderson 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 December 6, 2006 was $45,250.09, consisting of principal in the amount of $43,160.71, accrued interest in the amount of $2,071.04, and late charges in the amount of $20.00, less a partial payment of $1.66, exclusive of attorneys' fees and costs. 11. STATEMENT OF THE QUESTION INVOLVED WHETHER TAMMAC IS ENTITLED TO POSSESSION OF THE COLLATERAL WHEN MR. GUNDERSON HAS DEFAULTED UNDER THE TERMS OF THE NOTE? Ill. 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 747801.1 2 requirements enumerated in Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556, reh.den., 409 U.S. 902, 93 S.Ct. 177, 34 L.Ed.2d 165 (1972). The procedure set forth in Pa.R.Civ.P. No. 1075.1 is one of two means for obtaining the remedy of a prejudgment seizure of property in a replevin action. In appropriate cases, the plaintiff may cause a writ of seizure to be issued ex parte with notice and a hearing postponed until after the property is seized. See Pa.R.Civ.P. No. 1075.2. To invoke the remedy of a prejudgment seizure of property in a replevin action after notice and a hearing, the plaintiff must file a motion for writ of seizure. See Pa.R.Civ.P. No. 1075.1(a). The plaintiff may move for the issuance of a writ of seizure after the complaint has been filed, whether or not the complaint has been served. Pa.R.Civ.P. No. 1075.1(a). Upon the filing of the motion for issuance of a writ of seizure, the court must fix the date and time for a hearing on the motion. See Pa.R.Civ.P. No. 1075.1(a). A hearing on a motion for a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Civ.P.No.1075.1(e); see also Equico Lessors Inc. v. Ewing, 281 Pa. Super. 147, 152, 421 A.2d 1190, 1193 (1980) (holding that prima facie right established by testimony of plaintiff's employees that property was deteriorating and in jeopardy). Pursuant to Pa.R.Civ.P. No.1075.1(e), the court must initially make a determination at the hearing whether the notice required by Pa.R.Civ.P. 1075, or a reasonable attempt to give notice has been made. See 4 Goodrich Amram 2d §1075.1(e):1 (1991). If the court is satisfied that the notice requirements of Pa.R.Civ.P. No. 1075 have been met, the court must determine from the complaint, affidavits, testimony, admissions, or other evidence which may be received whether the plaintiff has established the probable validity of his claim and, if so, the court may 747801.1 3 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):1 (1991). The hearing is not for the purpose of making a final determination on the merits of the plaintiff's claimed right to possession of the property, but merely for determining whether the plaintiff has a probable right to possession. See Hamilton Bank v. Seiaer, 22 D&C 3d 534, 537 (1982). Except where the sheriff is authorized by the plaintiff to leave the subject property in a replevin action with the defendant or any other person found in possession, the Pennsylvania Rules of Civil Procedure require the sheriff, upon service of the writ of seizure, to take possession of the subject property. See Pa.R.Civ.P. No. 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 lion 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 747801.1 4 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. Sep Commonwealth v. Temple, 38 D&C 2d 120, 127 (1965). However, the sheriff may use no more force than necessary and must exercise due care. See Mayer, 321 Pa. at 196, 183 A. at 774. The burden is upon the plaintiff in a replevin action to establish every material element of his case upon which an issue is raised under his pleadings. Blossom Prods. Corp. v. National Underwear Co., 325 Pa. 383, 387, 191 A.40, 42 (1937). The plaintiff must establish his right to possession of the subject property by a preponderance of the evidence. See Petition of Allstate Ins. Co., 289 Pa. Super. 329, 333, 433 A.2d 91, 93 (1981). A claimant who asserts a lien and a right to possession until the lien is discharged is not required to prove a title in addition to the right of possession. See Griffin v. Keefer, 30 Dauph. Co. Rep. 315, 317 (1927). Once the plaintiff establishes his right to possession, the burden of proof shifts to the defendant to prove his right to retain possession. See Petition of Allstate, 289 Pa. Super. at 333, 433 A.2d at 93; Carroll v. Codding, 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). 747801.1 5 IV. CONCLUSION In light of the foregoing, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December IY , 2006 747801.1 6 Borrower(s). Gunner R Gunderson 112 Rustic Dr Shippensburg, PA 17257 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 06/28/2005 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-four thousand two hundred twenty-seven and 50/100 Dollars $ 44227.50 plus interest from 06/28/2005 at the rate of 13 .5 -% per year until 06/28/2020 ? 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 n Bad Check Charge - 1 agree to pay a charge of $ if I make a payment with a check that is dishonored. This Loan Made Under - [] This loan is secured by dated 06/28/2005 ® 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. 1999 56' X 28' Dutch 220188H 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. 14.10 % $ 60459.60 $ 42900.00 $ 103359.60 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 180 574.22 Beginning 7/28/2005 and on the 28th of each successive month thereafter. Security - I am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 112 Rustic Dr Shi ppensburg PA 17257 ? Collateral securing other loans with you may also secure this loan. ® 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, 1 will not have to pay a penalty. ? If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. ? If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life -E] Single ? Joint Insured Credit Disability - ? Single ? Joint Credit Unemployment - ? Single ? Insured Joint Insured Name of Insurance Company My gn ture below can ant (only) the insurance coverages) quoted above. If none are quoted, I have declined all coverages you offered. D.O.B. 11/21/1957 x D.C.B. x D.0.S. x D.O.B. Premium $ Term Premium S Term Premium $ Term I? ® 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 3/1412002 // (page r of 3) itemization of Amount Financed Amount paid to me directly Amount paid on my account Amounts paid to others on my behalf' To insurance companies To public officials - filing fees only To public officials - other than filing fees Amounted on your behalf Buydown Additional Finance Fees (Minus) Prepaid Finance Charge Amount Financed S S S 1210.00 S S S 42900.00 S S 117.50 S S S 1327.50 $ 42900.00 'You may retain or receive a portion of these amounts. ® Property Insura, - Property insurance is required. I may obtain property insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, 1 will pay $ 1210 .00 for three years of coverage. Insurance Commissions - 1 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 I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Default - I will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if 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 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. ®1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI.DN-PA 3/1412002 /page 2 of 3) ADDITIONAL TERMS OF THE SECURITY AGREEI Secured Obligations - This security agreement secures this loan iincluding 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. I will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. 1 will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, i will pay the difference. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance 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. 1 agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. 1 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. Signatur Signature Signature Signature 0 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-ON-PA 311412002 (page 3 of 31 JTL ,C F; F r ?t vern .? a? a. -n ? wm rP F `T ?. .1 tr ARM' `+ i ???eyy I a `?- ITL wr1 l !?4 r k .A` _? ,r1 U by TY!?, U?' S7 LAP k? P?00 f # ?f? r 7h' TU .,l,.VV:> _.. ....:WA,Y.. .... ... .. .... .?. .. • CCWRT1TCE-SRAAOS . DATE PA TITLED - DATE OF ISSUE.' UNLADEN WEIGHT GVWH r . hMIIIE?"?u RF Es dQ Z 4 ? ? } >? I!- , Tfa A RMs I I 100METER bISyGLaS1?ItEAYy}?? d DER,AL LA1:: ?RD,?LOS?? ' 4C?ISTEREO oY. ML d MIIPh." ..i hf ':fi1 f Y. p aR? t 4 ''d'? M G' I 1FQpY P;R A 1. - If a Co-pJfc}iasTeF bthbr: Mqh `"Yii" s afiti; Is'lis"[?d hfd y3lf % ht the"t a t0 '.' SWORN be TI¢tjtl.as J nt T?hahts 7th R_i9hf 61 § orship Beat 0 one t? . own%ThiA->?d:corvMn wnaf H CS RE El- W SIr Fig GN TE THE' «y St y1ST LIEI y.ST j N F NO u 00 r,.. r r tlxm„? r mm?ii'. u;r ..Ssr, avlF+ir s ' t... w xM? ky tl? g. r o_ c.ILED--w E,.'..? Ci T; W W IF THIS I: SIGNATURE OF CO-APPIICANi/nTLE Of AIlTIgRIiED 6NaNFA NOTE: FI AN ELT ? •?flb ?.t.. f' Lls ??. ' 2}6 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 CIVIL ACTION - LAW vs. REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term AFFIDAVIT OF SERVICE To: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 I, James T. Shoemaker, Esquire, counsel for the plaintiff, Tammac Holdings Corporation, being duly sworn according to law, depose and say as follows: 1. On January 3, 2007, 1 served a true and correct copy of the plaintiff's notice of hearing for seizure of property upon the defendant, Gunner R. Gunderson, by way of certified mail, return receipt requested. The certified mail was delivered to the defendant, Gunner R. Gunderson, on January 4, 2007, as evidenced by the United State Postal Service Form 3811. A copy of my transmittal letter dated January 3, 2007, the US Postal Service Form 3800, and the US Postal Service Form 3811 is attached hereto as Exhibit "A" and incorporated herein by reference. 751288.1 w 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 Sworn and Subscribed to this A day of January 2007. Nota NOTARIAL SEAL MARJORIE A. ZIMMERMAN, Notary Public Larksville, Luzerne County my commission Expires November 16, 2010 751288.1 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.HERRON JOSEPH P. MELLODY, JR. MICHAEL A. LOMBARDO III DONNA EM OAVIS' BRIAN 0. MCDONNELL HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5615 (570) 287-3000 FACSIMILE (570) 287-8005 E-MAIL: hkq@hkgpc.com 1 Ext. 1126 / L 'DISTRICT OF COLUMBIA BAR ANDREW HOURIGAN, JR. Direct E-Mail: 1S1)OemakerAhkQpO.COm 1948-1978 I January 3, 2007 Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Re: Tammac Holdings Corporation v. Gunner R. Gunderson No. 06-7157 Civil Term (Cumberland County)(Replevin) Tammac Account No. 05-2543 Our File No. 67583-980 Dear Sir/Madam: SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 18503-2014 (570) 346-8414 FACSIMILE (570) 961-5072 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, Gunner R. Gunderson at 112 Rustic Drive, Shippensburg, PA 17257. Finally, kindly return to me a file-stamped copy of the enclosed notice in the self- addressed, stamped envelope l am providing for that purpose. By way of a 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. 750074.1 January 3, 2007 Page two Please call me if you have any questions. Respectfully, James T. Shoemaker JTS:mz Enclosure PC: Cumberland County Sheriff (w/o encl) Gunner R. Gunderson (w/encl) via United Parcel Service - overnight mail - Tracking #1Z F14 A09 22 1007 455 5 and certified mail, return receipt requested, article # 7005 1820 0005 2463 4191 Janine Dick (w/encl) 750074.1 ¦ Qomplet&#ems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 ? Agent ? Addressee 8. ' ed y ()Prfnte Name C. Date of Dellve D. Is delivery address different from Rem 1? ? Yes If YES, enter delivery address below: 11 No 3. Service Type Ifled MaU 13 Express Mau ? Registered e-6:9etum Receipt for Merdwdlse 0 Insured Mail ? C.O.D. 4. Restricted Delivery/? (Extra Fee) ? Yes 2. Article Number (>•AVVIer froi 7005 1820 0035 2463 4191 r? ?., 3S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S, Postal Service- r9 CERTIFIED MAIL, RECEIPT Er . ,R (Domestic Only, No Insurance Coverage Provide M OFFICIAL USE ru s -?- U Postage C C3 Worked Fee I tmark P Cl os Return Receipt Fee C] (Endorsement Required) Here O Restricted DOWM Fee r„ (Endorsement Required) co rR Total Postage & Fees Ln - C3 f o Gunner R. Gunderson • - 112 Rustic Drive - -' orAOSM "a ... Shippensburg, PA 17257 --------------- -- cra; srai®: =ia Reverse int Instructions .4 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term AFFIDAVIT OF SERVICE To: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 I, James T. Shoemaker, Esquire, counsel for the plaintiff, Tammac Holdings Corporation, being duly sworn according to law, depose and say as follows: 1. On January 3, 2007, 1 served a true and correct copy of the plaintiff's notice of hearing for seizure of property upon the defendant, Gunner R. Gunderson, by way of certified mail, return receipt requested. The certified mail was delivered to the defendant, Gunner R. Gunderson, on January 4, 2007, as evidenced by the United State Postal Service Form 3811. A copy of my transmittal letter dated January 3, 2007, the US Postal Service Form 3800, and the US Postal Service Form 3811 is attached hereto as Exhibit "A" and incorporated herein by reference. 751288.1 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 Sworn and Subscribed to this - day of January 2007. N NOTARIAL SEAL MARJORIE A. ZIMMERMAN, Notary Public Larksville, Luzerne County My Commission Expires November '16,2010 751288.1 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. KLUGEit DONALD C. LIGORIO RICHARD M. WILLIAMS TERRENCEJ.HERRON JOSEPH P. MELLODY, JR. MICHAEL A. LOMBARDO 111 DONNA EM DAVIS' BRIAN O. MCDONNELL LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 1'8704-5815 (570) 287-3000 FACSIMILE (570) 287-8005 E-MAIL: hkq@hkgpc.com SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 1 8503-201 4 (670) 346-8414 FACSIMILE (570) 961-5072 Ext.1120 ?1 'DISTRICT OF COLUMBIA BAR ANDREW HOURIGAN, JR. Direct E-Mail: ishoeLI aker1w,1LWix.COITt 1948-1978 f January 3, 2007 Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Re: Tammac Holdings Corporation v. Gunner R. Gunderson No. 06-7157 Civil Term (Cumberland County)(Replevin) Tammac Account No. 05-2543 Our File No. 67583-980 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 Sheriffs instruction letter, and one of the self-addressed, stamped envelopes to the Sheriff, for service of the notice upon the defendant, Gunner R. Gunderson at 112 Rustic Drive, Shippensburg, PA 17257. 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 a 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. 750074.1 January 3, 2007 Page two Please call me if you have any questions. Respectfully, ?77 James T. Shoemaker JTS: mz Enclosure PC: Cumberland County Sheriff (w/o encl) Gunner R. Gunderson (w/encl) via United Parcel Service - overnight mail - Tracking #1Z F14 A09 22 1007 455 5 and certified mail, return receipt requested, article # 7005 1820 0005 2463 4191 Janine Dick (w/encl) 750074.1 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Gunner R. Gunderson ? Agent ? Addressee B. P? ed y (Prints Name, C. Date of Deliv (e/iy 1-vooi D. is delivery address different from Rem 17 ? Yes If YES, enter delivery address below: ? No 112 Rustic Drive Shippensburg, PA 17257 3. Service Type e-Obertified man 13 Express Mail ? Registered datum Receipt for Merchandise O Insured Mall 0 C.O.D. 4. Restricted DelivW? (Fobs Fee) '0 Yes 2. ArtlcleNumber --- (rranswfroina+ 7DD5 1820 DDDS 2463 4191 DS Form 3811, February 2004 Domestic Return Receipt 10250-M-1n-1540 Postal r-9 CERTIFIED MAIL, RECEIPT tr ,-9 (Domestic Only; No Insurance Coverage Provided) 'n _n OFFICI AL. US rU S /- 3- D Postage , / M C7 Certified Fee M Retum Receipt Fee P Here (ErKlowament Rsquk.0 C3 RssYkfed Delivery Fee ru (Endorsement Required) CD r-1 Total Postage $ Fees t11 c3 o Gunner R. Gunderson N -?- 112 Rustic Drive """".""""- °rPOBait"? Shippensburg, PA 17257 -------- ------ - bq:ta rne?? n r? N ? N M !7 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 REPLEVIN GUNNER R. GUNDERSON, Defendant No.: O(p - -I ( S -I J- ORDER ? all past due monthly payments, late fees, attorneys' fees and costs and regular month y` ro payments that become due are brought current; ?/h S ,?4i II (2) the amount to be paid by the defendant is $2,871.10, consisting of five monthly AND NOW, this I IF day of January, 2007, at f ' U o'clock m., it is hereby ORDERED AND DECREED as follows: (1) the Prothonotary shall issue a writ of seizure to the Sheriff of Cumberland County directing the Sheriff to seize the defendant's 1992 Dutchess manufactured home bearing VIN 220118E, conditioned that the plaintiff shall not file a praecipe for writ of seiz r , so long as the defendant makes payment to the plaintiff in the amount of J0 pop week, unfil payments of $574.22, later/fees in the amount of $20.00 and attorneys' fees and costs and in the amount of $ 1Y? ?if+T plus continued monthly payments in the amount of $574.22, as they become due on the 28th day of each month; 752838.1 `., _1? (3) should the defendant default on his weekly payments to the plaintiff in the amount of $574.22, the issuance of a writ of seizure shall be conditioned upon the plaintiff's posting of a bond in the amount of $55,000.00, with surety approved by the Prothonotary, naming the Commonwealth of Pennsylvania as obligee, conditioned that, if the plaintiff fails to maintain its right to possession of the property, it shall pay to the party entitled thereto the value of the property and all legal costs, fees and damages sustained by reason of the issuance of the writ of seizure; and, (3) should the defendant bring his account current as stated above, the plaintiff shall file a praecipe to discontinue the above-referenced act' i ou rejudice. BY T CO J. cc: ner Gunderson mes T. Shoemaker, Esquire J 752838.1 2 60 :;; lid 61 NVP LOOZ :314i JO SHERIFF'S RETURN - REGULAR CASE NO: 2006-07157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS GUNDERSON GUNNER R GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE, COMPLAINT, was served upon GUNDERSON GUNNER R the DEFENDANT , at 1130:00 HOURS, on the 8th day of January , 2007 at 112 RUSTIC DRIVE SHIPPENSBURG, PA 17257 by handing to GUNNER R GUNDERSON a true and attested copy of NOTICE, COMPLAINT, together with BRIEF, ORDER MOTION FOR WRIT OF SEIZURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 35.20 Affidavit .00 Surcharge 10.00 .00 ??zwIt 7? 6 3 .2 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/10/2007 HOURIGAN KLUGER QUINN By: Deputy Sh iff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-07157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS GUNDERSON GUNNER R MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon GUNDERSON GUNNER R the DEFENDANT at 1845:00 HOURS, on the 17th day of January , 2007 at 112 RUSTIC DRIVE SHIPPENSBURG, PA 17257 GUNNER GUNDERSON by handing to a true and attested copy of NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 17.60 Affidavit .00 Surcharge 10.00 .00 45.60 1),2407 Sworn and Subscibed to before me this day of , So Answers: fzn? R. Thomas Kline 01/18/2007 HOURIGAN KLUGER QUI By: rJ /: "Deputy Sher'f A. D. s HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff CIVIL ACTION - LAW vs. REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 Civil PRAECIPE FOR WRIT OF SEIZURE To the Prothonotary of Cumberland County: Please issue a writ of seizure to the Sheriff of Cumberland County in the above-referenced matter. INN, P.C. Bx: Respe?ctfiLfly submitted, KLUG U HC)IIRI7c James T. Shoemaker, Esquire Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation I.D. No. 63871 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (Telephone) (570) 287-8005 (Facsimile) Dated: November 6, 2007 787083.1 r r TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. GUNNER R. GUNDERSON, Defendant No.: 06-7157 Civil WRIT OF SEIZURE TO: Sheriff of Cumberland County You are directed to seize the Manufactured Home Type - 1999 Dutch manufactured home bearing VIN 220188E located at 112 Rustic Drive, Shippensburg, PA 17257. If the property is found in the possession of any one not already a defendant, you are directed to add him/her/it as a defendant and notify him/her/it that he/she/it has been added as a defendant and is required to defend the action. Date of Writ: PRC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW REPLEVIN BY: 787086.1 V o ? lP f a O 745 x! ?l P y? ,J? 0 ;fl ?9 ?' "I" Writ of Seizure served on 12/6/07 at 10:45 a.m. by handing to defendant personally at, 112 Rustic Drive, Shippensburg, PA 17257 at which time defendant vacated premises for the required seventy two (72) hour seizure period. Sheriff's Return: Docketing: 18.00 Poundage 2.30 Milage 7680" Surcharge 20.00 117.10 J Advance Costs: 200.00 Sheriff's Costs:117.10 82.90 Refunded to Atty on 12/11/07 So Answers; R. Thomas Kline, Sheriff By ?- ' a HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff CIVIL ACTION - LAW vs. REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term 10 DAY NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 Date of Notice: February 13, 2008 IMPORTANT NOTICE Pursuant to PA RCP 237.5 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINSTYOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 805552.1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 - or- PENNSYLVANIA LAWYERS REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-671/5) James T. Shoemaker, Esquire Attorney for Plaintiff Supreme Court ID No. 63871 600 Third Avenue Kingston, PA 18704 Telephone No: 570-287-3000 805552.1 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 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving upon the defendants a true and correct copy of the plaintiff's 10 day notice of praecipe to enter judgment by default, by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 HOURIG??? l? & QUINN, P 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 (570) 287-8005 Date: February13, 2008 805560.1 ?? ' cam -d -TI Tl - r co f ii -n cil 10 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 570-287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff CIVIL ACTION - LAW vs. REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FOR MONEY DAMAGES TO: PROTHONOTARY Please enter judgment for money damages regarding the property located at 112 Rustic Drive, Shippensburg, PA 17257, in favor of the plaintiff, Tammac Holdings Corporation, and against the defendant, Gunner R. Gunderson, for failure, within the required period of time, to file an answer to the plaintiff's complaint, which was properly endorsed with a notice to plead. 807353.1 The plaintiff's damages are in the amount of $45,250.09 plus interest from December 6, 2006, attorney's fees and costs until paid. A true and correct copy of the notice of intention to enter default judgment, which was mailed to the defendant, is attached hereto, incorporated herein by reference and marked Exhibit "A." Respectfully submitted, HOURIGAN, KLUGER QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (Fax) Dated: February 26, 2008 807353.1 i? J HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff CIVIL ACTION - LAW vs. REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term 10 DAY NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 Date of Notice: February 13, 2008 IMPORTANT NOTICE Pursuant to PA RCP 237.5 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINSTYOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 805552.1 "NA /j YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 - or- PENNSYLVANIA LAWYERS REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) James T. Shoemaker, Esquire Attorney for Plaintiff Supreme Court ID No. 63871 600 Third Avenue Kingston, PA 18704 Telephone No: 570-287-3000 80&%2.1 ' i HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS OF CUMBERLAND COUNTY CORPORATION, Plaintiff CIVIL ACTION - LAW vs. REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving upon the defendants a true and correct copy of the plaintiff's 10 day notice of praecipe to enter judgment by default, by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 HOURI? & QUINN, P 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 (570) 287-8005 Date: February13, 2008 805560.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term CERTIFICATE OF SERVICE 1, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the plaintiff's praecipe to enter default judgment for money damages, by depositing said document in the United States mail, first class, postage pre-paid, addressed to defendants as follows: Gunner R. Gunderson 112 Rustic Drive Shippensburg, PA 17257 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By: James T. Shoem er, Esquire I.D. No. 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 Telephone: (570) 287-3000 Facsimile: (570) 287-8005 Dated: February 26, 2008 807358.1 e ? l p o ? d C.."1 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN GUNNER R. GUNDERSON, Defendant No.: 06-7157 - Civil Term DEFAULT JUDGMENT FOR MONEY DAMAGES AND NOW, this day of P1a",'. -, 2008, judgment for money damages is entered in favor of the plaintiff, Tammac Holdings Corporation, by reason of the failure of the defendant, Gunner R. Gunderson, within the required period of time, to file an answer to plaintiff's complaint, which was properly endorsed with a notice to plead. The plaintiff's damages are in the amount of $45,250.09 plus interest from December 6, 2006, attorney's fees and costs until paid. PROTHONOTARY By: 807353.1