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HomeMy WebLinkAbout03-2738 JUN 1 2 Z003 ~ 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. REPLEVIN Defendants NO. 3f 03- :2'bvil Term NOTI..~E YOU HA VE BEEN SUED IN COuRT. If you wish to defend against the claims set forth in the foJlowing 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 reliefrequested by the Plaintiff. You may lose money or property or other rights important to you. 555879.1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LEGAL SERVICES OF NORTHEASTERN PENNA., INC. 410 Bicentennial Building 15 Public Square Wilkes-Barre, PA 18701 (570) 825-8567 or 145 East Broad Street Room 108 Hazleton, PA 18201 (570) 455-9512 COURT ADMINISTRATOR Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 555879.] PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, P A 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) YORK COUNTY COURT ADMINISTRATOR York County Courthouse 28 East Market Street York,PA 17401 (717)771-9234 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: \~ S-- James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON. PA 16704 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. REPLEVIN Defendants '13V 03- ~ Civil Term NO. COMPLAINT The plaintiff, Tarmnac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P,C., hereby complains against the defendants, Samantha Irene Worthington and Frederick J. Worthington, Jr. (individually referred to as "Mr. Worthington") (collectively referred to as the "Worthingtons"), as follows: I. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at Arena Hub Business Complex, 275 Mundy Street, Wilkes-Barre, PA 18702. 555884.1 2. The W orthingtons are both adult individuals having a last known address of 8 Apache Drive, Indian Springs, Shippensburg, Cumberland County, P A, 17057. 3. On or about March 7, 2003, the Mr. Worthington entered into a manufactured home retail installment contract (the "Contract") with Quality Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to the Contract, which Contract was for the purchase/sale of a 1999 Future manufactured home bearing VIN#0479M (the "Collateral"), (A true and correct copy of the Contract, as assigned, is attached hereto as Exhibit "A" and incorporated herein by reference.) 4. By the terms of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Contract was not further assigned. 6. The Worthingtons defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. The W orthingtons are due for the October 7, 2002 payment. 8. Upon information and belief, the fair market value of the Collateral is $38,858.99. 9. Tammac believes and therefore avers that the Worthingtons have possession of the Collateral. 10. The Worthingtons have failed and refused, despite repeated demands by Tammac, 555884.1 2 11. The balance of the Contract as of May 14,2003, was $36,689.81, consisting of principal in the amount of$31,640.75, accrued interest in the amount of$4,029.60, miscellaneous charges in the amount of$I,241.01 and late charges in the amount of$50.00, minus a suspense payment in the amount of$271.55, exclusive of attorneys' fees and costs. WHEREFORE, Tamrnac demands judgment in replevin in favor of Tammac and against the Worthingtons in the amount of$36,689.81, plus interest from May 14, 2003, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ~>"-.--- James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 ~ Dated: mOd g,q ,2003 555884.1 3 ~ EXHIBIT ~ ~ILI' ~ -' ~ '" MANUFACTURED HOME RETAil INSTAllMENT CONTRACT PENNSYLVANIA Seller QUALITY HOMES INC 3076 CARLISLE ROAD DOVER, PA t7315 Suyer WORTHINGTON, FREDERICK J. JR~ 8 APACHE DRIVE I SHIPPENSBURG, PA 17257 No. Date 3.7.&/ "We" and ~us" mean the Seller above, its successors and assigns. "You" and "your" mean each Buyer above, and guarantor, separately and together. SALE: You agree to purchase from us the manufactured home described below, together with the related services, furnishings, appliances, and accessories listed tialow (together referred to as "Manufactured Home"). Your purchase of the Manufactured Home is sublect to the terms of this Contract. "Conlracr means this document and any separate document that secures this Contract. Manufacturer Mode! Name & Number I Year FORTUNE VC 180 1999 Services, furnishings, appliances, and accessories Include: o Tires and Wheels 0 Axles 0 Refrigerator o Washer 0 Dryer o Awning(s) 0 Skirting o Services o Other I Serial Number 4794M I Length I Width I Color 44 24 IlXlNew o Used o Oven/Range ONC Unites) o Accessory Shed Location of Manufactured Home after delivery to Buyer: 8 APACHE DRIVE SHIPP ENS BURG PA 17257 Description of Trade-In: N/ A PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ ~ 777 .50 on the unpaid balance at the raters) of 17.00% , plus interest per year until the final scheduled payment date. Interest will begin to accrue on 1- ') -01 and will accrue on a 360 day basis. After the final scheduled payment date, or after you default and we demand payment, we will earn interest on the unpaid principal balance at the rate 01 I 17 .00 % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms of this Contract. A late charge, if provided in the TRUTH IN LENDING DISCLOSURES, will be imposed only once on a late payment. A late charge will not be coUected on the final scheduled payment, but interest will continue to accrue at the applicable contract rate. o ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of $ N / A o paid in cash. 0 financed (see ITEMIZATION OF AMOUNT FINANCED). 0 paid proportionally with each payment. that will be DOWN PAYMENT: You agree to payor apply to the Cash Price, on or belore today's date, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. o ESCROW: You 0 may, but are not required to 0 must pay certain expenses and fees from an escrow account. If an escrow account is established, it will be governed by a separate agreement. TRUTH IN LENDING DISCLOSURES AMOUNT FINANCED TOTAL OF PAYMENTS The amount of credit The amount you will have provided to you or on paid WIlen you have made your behalf. an scheduled paymenlS. $ 31,777,50 $ 137,070.00 TOTAL SALE PRICE The total cost of your purchase on credit, including your down payment 01$ 1,900,00 $ 138,970,00 ANNUAL FINANCE PERCENTAGE RATE CHARGE The cost of your credit as The dollar amount the a yearly rate. credit will cost you. 17.00 % $ 105,292.50 Payment Schedule: Your payment schedule will be . Number of Payments Amount of Payments When Payments Are Due 300 $456,90 MONTHLY BEGINNING ON -/-'7 - C I Security: You are giving a security interest in the goods or property being purchased. o You are giving a security interest in the real property at !2Ql.ate Charge: If a payment is more than 15 days late, you will be charged 10% OF PAYMENT AMOUNT Prepayment: If you payoff this Contract early, you will not have to pay a penalty. Olf you payoff this Contract early, you will not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home 0 may subject to conditions be allowed to DJ.cannot assume this Contract on its original terms. Contract Provisions: You can see the terms at this Contract tor any additional information about nonpayment, breaking the terms of Ihis Contract, any required repayment before the scheduled date, and prepayment refunds and penalties. "e~ means an estimate I BUYER RESTRICTIONS: If you do not meet this Contract's obligations, you may lose the property that you bought in this sale. SECURITY: You give us a security interest in the Manufactured Home (as defined above). Unless prOhibited by law, you also qive us a security interest in all present and future accessions to the Manufactured Home. Accessions will not include "household goods~ as defined In the FTC Credll Practices Rule, 16 C.F.A. 444, if we do not finance the purchase of sueh household goods. It you do not meet your Contract obligations, you may lose your house and the real estate described in any mortgage or deed ot trust (If any). o This Conlraells also seCured by a separate mortgage or deed of trust dated , on real estate, as shown in the TRUTH IN LENDING DISCLOSURES. The term "Property" means all property sec.uring this Contract. CREDIT INSURANCE: Credit life insurance and credit disability insurance are not required to obtain credit. You will not receive credit life insurance and credit disability insurance unless you sign and agree to pay the additional premium. lfyou want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below ONLY the COVRr;:lOP<l VOl r h:'lv", r:h,.,<:;,:>n to nllrr:h::l<lA ITEMIZATION OF AMOUNT FINANCED Manufactured Home Price $ 31 J 900. 00 (including sales tax of $ N / A Buyer Protection/Service Plan, Paid to: . $ N / A --J~ '-'Y' i~- .....~.. Y"-'!;I-" Prepayment: If you payoff this c...' ,,'act early, you will not have to pay a penalty. o If YOll payoff Ihis Contract early. you will not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home 0 may subject to condilions be allowed to 0;: cannot assume this Conlrac on ils original terms. Contract Provisions: You can see the lerms of this Contract for any additional information about nonpayment, breaking the terms of thi' Contract, any required repayment before the scheduled date, and prepayment refunds and penalties. ~e~ means an estimat, I BUYER RESTRICTIONS: If you do not meet this Contract's obligations, you may lose the property that you bought in this sale. SECURITY: You give us a security interest in the Manufactured Home (as defined above). Unless prohibited by law, you also give us a securi interest in all present and future accessions to the Manufactured Home. Accessions will not include ~household goOds" as defined In the FTC Cre( Practices Aule, 16 C.F.A. 444, if we do not finance the purchase of such household goods. If you do not meet your Contract obligations, you me lose your house and the real estate described in any mortgage or deed of trust (if any). o This Contract is also secured by a separate mortgage or deed of trust dated , on real estate, as shown in u.., TRUTH IN LENDING DISCLOSURES. The term "Property" means all property securing this Contract. CREDIT INSURANCE: Credit life insurance and credit disability insurance are not required to obtain credit. You will not receive credit life insurance and credit disability insurance unless you sign and agree 10 pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below ONLY the coverages you have chosen to purchase. Credit Ufe: Insured o Single 0 Joint Premo $ Credit Disability: Insured o Single 0 Joint Premo $ N/A Tenn N/A Tenn Name of Insurance Company: Your signature below means you want (only) the insurance coverage(s) quoted above. If none are quoted, you have declined any coverages we offered. Buyer d/o/b Buyer d/o/b Buyer d/o/b Buyer d/olb PROPERTY INSURANCE: You are required to insure the Property securing this Contract with the following minimum property insurance coverage: You may purchase or provide the insurance through any insurance company that is reasonably acceptable to us. If you get Ihe insurance from or through us you will pay $ 1 , 660 . 00 for -LIVE YEARS of coverage, The property insurance must protect against loss and physical damage. You must name us as beneficiary on Ihe insurance policy. We may require additional security before we allow you to use insurance proceeds to repair or replace the Property. You will pay all amounts thaI insurance does not cover. If You fail 10 obtain or keep insurance or to name us as beneficiary, we may obtain insurance to protect our interest in the Property. We will add the cost of insurance to the amount you owe us. Any amount we pay for insurance is due immediately and will earn interest at the rate charged after maturity. Liability Insurance coverage for bodily Injury and/or property damage caused to others Is NOT included In this Contract unless checked and Indicated below. o The following liability insurance is included in this coverage: o BUYER PROTECTION/SERVICE PLAN: With your purchase of the Manufactured Home, you have elected to purchase the following optional buyer protection or service plan ("Plann): The Plan covers and will be in effect See the Plan documents for details. TRANSFER: Seller transfers this Co(1!ract 10 TANMAC CORP 275 MUNDY STREET WILKES-BARRE PA 18702 Date PENNSYLVANIA MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT r~':Y,",.~~on.._'.",_ ITEMIZATION OF AMOUNT FINANCED Manufactured Home Price $ 31,900. OC (including sales tax of $ N I A Buyer Protection/Service Plan, Paid 10: $ 31.900.00 Manufacturer's Rebate $ N I A Cash Down Payment $ 1.900.00 2. Subtotal $ 1,900.00 $ N/A $ N/A Trade.ln Allowance Less: Amount Owing To: 3. Net Trade-In $ N/A 4. Total Down Payment (line 2 plus line 3) $ 5. Unpaid Balance of Cash PrIce (line 1 minus line 4) $ Fees Paid to Others: Paid to Public Officials - Filing Fees Only $ Paid 10 fi'ublic Officials - Other than Filing Fees $ Insurance Premiums~ $ (To: ) (To: _I (To: ) Additional Finance Charge(s) Paid To Seller $ To: FLOOD FEE $ To: DOCUMENT FEE $ To: $ 6. Subtotal (line 5 plus all Fees Paid to Others) $ 7. Prepaid FInance Charges $ Amount Financed (line 6 minus line 7) $ .We may retain or receive a portion of this amount. NOTICE TO BUVER 00 not sign this Conlract in blank. Vou are entitled to an exacl copy of Ihe conlract you sign. Keep it to prolect your legal rights. ~U~~~"';:~/?~0 Slgnatu X Signature X Signature X Signature N/A '$ 1. Cash Price 1.900.0C 30.000,OC 27.5C N/A 1.660.00 N/A 40.00 50.00 N/A 31.777.50 N/A 31,777.50 3-7-0) Date Date Date Date I ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRA5:. X~"----77~/?'~ s~ ~ame and Title . ~ - .. -~ MANUFACTURED HOMES - NOT FOR MODULAR HOMES t{ll ~'II ~'I[I] mll:m II.: ..] ~ ~:I~ qb1'~ ~,j~~ r~ ,,,C EiiTIFicATEoF~TiTi::E ''':;:~j:~:'itJ/:(,::'- -' , "a~c"">(" rno ~~1;'... I .,~ ;i,if.liJi'fl~'i;fl:JfiI'."f1tttt"'~fio'l'IH 1.- ii~~~q~ I VEHICLE IDENJ"lFICATION NUM8ER 1 I I VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor ofTammac Corporation, have the authority to make this verification on its behalf. The statemcr;;:s contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ~~OdriCh' COl:ection Supervisor 555877.] iO(:)'1Q. t l[ .~ ~ ~ D~ ~ ~ ~J::ocJ ~ ~ r- ~J- ~ ~ ,t' (') c.,_ )> =:: ..-' _;-1 8 JUN 1 2 2003 ~ TAMMAC CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION - LAW REPLEVIN 11V NO. 03-;) Civil Term Plaintiff vs. SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. RULE AND NOW, this Ie. ~ay of >>--'- ,2003, upon consideration of the motion for writ of seizure filed on behalf ofthe plaintiff, Tammac Corporation, a Rule is hereby entered upon the defendants, Samantha Irene Worthington and Frederick J. Worthington, Jr., to appear and show cause, if any there be, why the relief requested in the plaintiff s motion for writ . of seizure should not be granted. /!. --It.. ~ J.e c:f.y ~ tf..... f. Al . t,.-~4J1t.. R"'l:: KtluwdLk 1\... .h.o.. oc .-Jl.earin[ihe a! day of ~ ,2003, at ~: ~ <<> ,t.m. in (t'Al"'NM+ ~ , Cumberland COWlly Courthouse, Carlisle, P A, / BYTH ~~ @ ~~:6' 0".\ 555832.1 J. '!'~I~() 'J (j i;' ~ HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston. PA 18704 (570) 287-3000 ATTORNEY FOR PLAINTIFF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION - LAW TAMMAC CORPORATION, vs. SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. Defendants REPLEVIN ~llf 03- '-Civil Term NO. PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.RC.P. 1075.1, its motion for writ of seizure, against the defendants, Samantha Irene Worthing and Frederick J. Worthington, Jr. (individually referred to as "Mr. Worthington") (collectively referred to as the "Worthingtons"), as follows: On even date herewith, Tammac is filing a complaint in replevin against the Worthingtons. (A true and correct copy ofTammac 's complaint in replevin is attached hereto pursuant to Pa. RC.P. No.1 075.1 (b), incorporated herein by referenced pursuant to Pa. RC.P. No. 1019(g) and marked as Exhibit "I.") WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Resp~ctfully submitted HOURIGAN, KL & QUINN, P.C. BY: James T. Shoema er, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third A venue Kingston, PA 18704 TelePhOnM570) 287-3000 FaCSimile 70) 287-ROO~t--tL Dated: 0 ~ ,2003 555857.1 VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor ofTammac Corporation, have the authority to make this verification en its b:;half. The statemep-t5 contained in the foregoing motion are true and correct to the best of my knowledge or information and belief I understand that this verification is being made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. "- Je~~~~ 555854.1 ~ 0~'/ .' 1',:' \.,' ~ "'" '-- (') ~::. . ~', (i', HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IOENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 ATTORNEY FOR PLAINTIFF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW TAMMAC CORPORATION, vs. Defendants REPLEVIN ,;2 t'(!,t' 03- Civil Term SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. NO. NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: Frederick J. Worthington, Jr. and Samantha Irene Worthington 8 Apache Drive Indian Springs Shippensburg, P A 17257 You are hereby notified that 1. Plaintiff has commenced an action of replevin 3lid has filed a motion for writ of seizure of the property described in the complaint. A copy of the complaint, the motion for writ of seizure, the brief in support of motion for writ of seizure and the Court's Rule dated June 16,2003 is attached to this notice. 2. There will be hearing on this motion for writ of seizure on July 23,2003 at 2:30 p.m., at the Cumberland County Courthouse, Carlisle, Pennsylvania, Court Room No.5. 555881.1 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. 4. Your failure to appear at the hearing may result in the seizure ofthe property claimed by the plaintiff before a final decision in this case. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ~5- James T. S11oemaker, Esquire ill NO.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 27-8005 Facsimile Dated: June 7:> ,2003 555881.1 MAY 3 0 Z003 \t 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 T AMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. REPLEVIN Defendants ~'1.3~ NO. 03- Civil Term NOTl,!::E YOU HA VE 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 defenscs or objections to the claims set forth against you. You arc warned that if you fail to do so the casc may proceed without you and ajudgmcnt may be entercd against you by thc Court without further notice for any moncy claimcd in thc Complaint or for any othcr claim or rclicfrcqucstcd by thc Plaintiff. You may losc moncy or property or othcr rights important to YOll. .~ -" .":-;7') I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LEGAL SERVICES OF NORTHEASTERN PENNA., INe. 410 Bicentennial Building 15 Public Square Wilkes-Barre, PA 18701 (570) 825-8567 or 145 East Broad Street Room 108 Hazleton, I' A 1820 I (570) 455-9512 COURT ADMINISTRATOR Cumberland County Bar Association 2 Liberty A venue Carlisle, I' A 17013 (717) 249-3166 or 1-800-990-9108 'i.'i'iX7') I PENNSYL V ANU\ LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PAl 7108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) YORK COUNTY COURT ADMINISTRATOR York County Courthouse 28 East Market Street York, PA 17401 (717)771-9234 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.c. BY: '';~ ~- - -' James T. Shoemakcr, Esquire ID No.: 63871 COllnscl for the plaintiff, Tammac Corporation 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. REPLEVIN Defendants NO. 03- Civil Term COMPLAINT The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.c., hereby complains against the defendants, Samantha Irenc Worthington and Frederick J. Worthington, Jr. (individually referred to as "Mr. Worthington") (collectively referred to as the "Worthingtons"), as follows: I. Tammac is a corporation conducting business if. thc Commonwealth of Pennsylvania, having an officc located at Arcna Hub Busincss Complex, 275 Mundy Street, Wilkcs-Barre, I' ^ 18702. ))')XX4.\ 2. Thc Worthingtons arc both adult individuals having a last known address of8 Apache Drive, Indian Springs, Shippensburg, Cumbcrland County, P A, 17057. 3. On or about March 7,2003, the Mr. Worthington entered into a manufactured home retail installment contract (the "Contract") with Quality Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to the Contract, which Contract was for the purchase/sale of a 1999 Future manufactured home bearing V1N#0479M (the "Collateral"). (A true and correct copy of the Contract, as assigned, is attached hereto as Exhibit "A" and incorporated herein by reference.) 4. By the telIDS of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Contract was not further assigned. 6. Thc Worthingtons defaultcd under the tenns of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. The Worthingtons are due for the October 7, 2002 payment. 8. Upon infom1ation and belief, the fair markct value of the Collateral is $38,858.99. 9. Tammac bclicves and therefore avcrs that the Worthingtons havc possession of thc COllatcral. 10. Thc Worthingtons havc failcd and rcfuscd, dcspitc rcpeatcd dCll1ands by Tall1ll1ac, )55:-:~Rl :> 11. The balance of the Contract as of May 14,2003, was $36,689.81, consisting of principal in thc amount of $3 1 ,640.75, accrued interest in the amount of$4,029.60, miscellaneous charges in the amount of$1,24J.01 and late charges in the amount of$50.00, minus a suspense payment in the amount of$27J.55, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Worthingtons in thc amount of$36,689.81, plus interest from May 14, 2003, attorneys' fees and c9sts, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.c. BY: \/~~ James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, P A 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 rf) n ,~1 Dated: I lie\( I T\ 'I ,2003 ~.\ U 3 TRUE COpy fROM RECORD In Testimony whereof, I here unto set my hand and the seal of s d Court at Carlisle, Pa, Th:~Q- .:. L~::_~ 5:'i'iSX4.1 ~ EXHIBIT ~ ~ .1 b." :'J~ " MANUFACTURED HOME Seller QUALITY HOMES IllC Buyer WORTHINGTON, FREDERICK J. JR RETAIL INSTALLMENT CONTRACT 3076 CARLrSLE ROAD 8 APACHE DRIVE PENNSYLVANIA DOVER, PA 17315 SHIPPENSBURG, PA 17257 No. Date 3' 1-6/ "We" and Wus" mean the S'3ller above, "You~ and "your" mean each Buyer above, its successors and a~;signs. and guarantor, separately and together. SALE: You agree to purchase from us the manufactured home described below, together with the related services, furnishings, appliances, and accessories listed oarow (together referred to as "Manufactured Home"). Y:Jur purchase of the Manufactured Home is subject to the terms of this Contract. "Contrad' means this document and any separate document lha1 secures this Contract. Manufacturer Model Name & Number FORTUNE VC 180 Services, furnishings, appliances, and accessories include: o Tires and Wheels 0 Axles 0 Refrigerator o Washer 0 Dryer o Awning{s) 0 Skirting o Services o Other Serial Number 47S4M Color New o Used o Accessory Shed o Oven/Range o NC Unlt!s) Location of Manufactured Home after, delivery to Buyer: 8 APACHE DRIVE SHIPPENSBURG FA 17257 Description of Trade-In: Nt A PROMISE TO PAY AND PAYMENT TERMS: You promise to pay UB the principal amount of $ on the unpaid balance at the rate(s) of 17.00% 31.777.50 , plus interest per year lmtil the final scheduled payment date. Interest will begin to accrue on ~~, 1 -0 I and will accrue on a 360 day basis. After the final scheduled payment date, or after you default and we demand payment, we will earn interest on the unpaid principal balance at the rate of 1 17.00% per year. You agree to pay this Contract according to the payment schedul9 and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms of this Contract. A late charge, if provided in the TRUTH IN LENDING DISCLOSURES, will be imposed only once on a tate payment. A late charge will not be collected on the final scheduled payment, but interest will continue to accrue at the applicable contract rate. o ADDITIONAL FINANCE CHARGE: You agree to pay an addition~l, nonrefundable finance charge of $ N I A o paid in cash. 0 financed (see ITEMIZATION OF AMOUNT FINANCED). 0 paid proportionally with each payment. DOWN PAYMENT: You agree to payor apply to the Cash Price, on or befclre today's date, any cash, rebate and net trade.in value described in the ITEMIZATION OF AMOUNT FINANCED. thatwiH be o ESCROW: You 0 may, but are not required to 0 must pay certain expe1ses and fees from an escrow account. If an escrow account is established, it will be governed by a separate agreement. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amount of credit The amount you will have The total cost of your purChase on The cost of your credit as The dollar amount the provided to you or on paid when you have made credit, including your down payment a yearly rate. credit will cost you. your behalf, all scheduled payments. 01$ 1,900.00 17.00 % $ 105,292,50 $ 31.777.50 $ 137,070,00 $ 138,970.00 Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 300 $456,90 MONTHLY BEGINNING ON ,,/ '7 -0/ Security: You are giving a security interest in the goods or property beil1g purchased. o You are giving a security interest in the real property at lZ}:Late Charge: If a payment is more than 15 days late, you will be charged 10% OF PAYMENT AMOUNT Prepayment: If you payoff this Contract early, you will not have to pay a penalty. O.lt you pay off this Contract eany, you will not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home 0 may subject to conditions be allowed to [].cannot assume this Contract on its origInal terms. Contract ~:OVlslons: You can see the terms of this Contract for any additional information about nonpayment, breaklng the'terms of this Contract, an required repayment before the scheduled date, and prepayment refunds and penalties. Ue" means an estimate BUYER RESTRICTIONS: If you do not meet this Contract's obligations, you may lose the property that you bought in this sale. SECURITY: You give us a security interest in the Manufactured Home (a~, defined above). Unless prohiblled by law, you also give us a security Interest in all present and future accessions to the Manufactured Home. Accossions will not mclude "household goods8 as defined in the FTC Credit Practices Rule, 16 C.F.R. 444, if we do not finance the purchase of such hcusehold goods. If you do not meet your Contract obligations, you may lose your house and the real estate described in any mortgage or deed of trust (if any). o This Contract is also secured by a separate mortgage or deed of trust d;~ted , on feal estate, as shown in the TRUTH IN LENDING DISCLOSURES. The term "Property8 means all property sec,uring this Contract. CREDIT INSURANCE: Credit life insurance and credit disability insurance are not required 10 obtain credit. You will not receive credit life insurance and credit disability insurance unless you sign and agree to pay the additional premium, lfyou want such insurance, we wlU obtain it for you (if you qualify for coverage). We are quoting below ONLY the COVp,rM1A<l VOl' hAVP, r:ho!':",,, '0 ollrr-h-'1<:<> ITEMIZATION OF AMOUNT FINANCED 1..1anufactured Home Price $ 31,900.00 (including sales tax of $ N / A Buyer Protection/Service Plan, Paid to: . $ N / A ___n ~"m.._. ~_/V .'''_'/Y_ ..... ~_ _.._....V - I Prepayment: If you payoff this C.._ .,.act early, you will not have to pay a penalty. o If you payoff this Contract early, you witt not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home 0 ma~, subjeclto conditions be allowed to [].cannot assume this Contrac on its original terms. Contract Provisions: You can see the terms of this Contract for ;my additional information about nonpayment, breaking the terms of thi Contract, any required repayment before the scheduled date, and prepayment refunds and penalties. uen means an estimat. BUYER RESTRICTIONS: If you do not meet this Contract's obligations, you may lose the property that you bought In this sale. SECURITY: You give us a security interest in the Manufactured Home (as defined above). Unless prohibited by law, you also give us a securi interest in all present and future accessions to the Manufactured Home. Accessions wUl not include ~household goods" as defined in the FTC Cre( Practices Rule, 16 C.F.R. 444, If we do not finance the purchase of such household goods. If you do not meet your Contract obligations, you me lose your house and the real estate described in any mortgage or deed elf trust (if any). o This Contract is also secured by a separate mortgage or deed of trust dated , on real estate, as shown in It-, TRUTH IN LENDING DISCLOSURES. The term "Property" means all property securing this Contract. CREDIT INSURANCE: Credit life insurance and credit dIsability insurance are not required to obtain credit. You will not receive credit life insurance and credit disability insurance unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below ONLY the coverages you have chosen to purchase. Credit Life: Insured o Single 0 Joint Premo $ CredIt Disability: Insured o Single 0 Joint Premo $ N/A Term N/A Term Name of Insurance Coolpany: Your signature below means you want (only) the insurance coverage(s) quoted above. If none are quoted, you have declined any coverages we offered. Buyer dlolb Buyer d/olb Buyer d/o/b Buyer d/olb PROPERTY INSURANCE: You are required to insure the Property securing this Contract with the following minimum property insurance coverage: You may purchase or provide the insurance through any insurance company that is reasonably acceptable to us. If you get the insurance from or through us you wiff pay $ 1.660.00 for FIVE YEARS of coverage. The property insurance must protect against loss and physical damage. You must name us as beneficiary on the Insurance policy. We may require additional security before we allow you to use insurance proceeds to repair or replace the Property. You will pay all amounts that insurance does not cover. If You fail to obtain or keep Insurance or to name us as beneficiary, we may obtain insurahce to protect our interest in the Property. We will add the cost of insurance to the amount you owe us. Any amount we pay for insurance is due immediately and will_ earn interest at the rate charged after maturity. Liability Insurance coverage for bodily Injury and/or property damage caused to others Is NOT Included In this Contract unless checked and Indicated below. o The followjng liability insurance is included in this coverage: o BUYER PROTECTION/SERVICE PLAN: With your purchase of the Manufactured Home, you have elected 10 purchase the farrowing optional buyer protection or service plan ("Plann): The Plan covers and will be in effect See the Plan documents for details. TRANSFER: Serrer transfers this Contract to TAMMAC CORP 275 MUNDY STREET WILKES-BARRE PA 18702 Date PENNSYLVANIA MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT F~" ~'Mon__'.,u".. ~. ~., ~ .... r h~~...,.~. e._ ITEMIZATION OF AMOUNT FINANCED Manufactured Home Price $ 31 J 900. DC (including sales tax of $ Nt A Buyer Protection/Service Plan, Paid to: . $ Nt A 1. Cash Price $ 31,900.00 Manufacturer's Rebate $ Nt A Cash Down Payment $ 1.900.00 2. Subtotal $ 1.900.00 $ N/A $ N/A Trade-In Allowance Less: Amount Owing To: 3. Net Trade-In $ Nt A . 4. Total Down Payment (fine 2 plus line 3) $ 5. Unpaid Balance of Cash Price (fine 1 minus line 4) $ Fees Paid to Others: Paid to Public Officials - Filing Fees Only $ PaId to Fj'ublic Officials - Other than Filing Fees $ Insurance Premiums. $ (To: (To: (To: Additional Finance Charge(s) Paid To Seller $ To: FLOOD FEE $ . To: DOCUMENT FEE $ ~: $ 6. Subtotal (line 5 plus all Fees Paid to Others) $ 7. Prepaid Finance Charges $ Amount Financed (line 6 minus line 7) $ .We may retain or receive a portion of this amount. 1.900.0C 30,OOO.OC 27,5C N/A 1,660.0C N/A 40,OC 50.00 N/A 31.777.50 N/A 31.777.5C NOTICE TO BUYER 00 not sigo this Contract In blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. ~Uy~~//~//~~ Slgnatu X Signature X Signature X Signature 3-7-0) Date Date Date Date I ACKNOWLEDGE RECEIPT OF A COP, OF THIS CONTRACT,(? X~6b'?:72"/i"- s~ X ( Name and Tille .0 MANUFACTURED HOMES, NOT FOR MOOULAR HOMEE VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor ofTammac Corporation, have the authority to make this verification on its behalf. The stateiiiCl:i:s contained in the fo~eg0ing complalnt are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. /1 j / . //. ,/', //?" :/'.d'" ,/ /~/~ /6P-',..--<t~--<._- Jeffr 1;:. oodrich, Collection Supervisor ( 555::\77.1 '~.. JUN- 1 2 Z003 ~ - TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW Defendants REPLEVIN 1lV 03-;). Civil Term SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. NO. RULE AND NOW, this J(. ~ay of -} h ,2003, upon consideration of the motion for writ of seizure filed on behalf of the plaintiff, Tammac Corporation, a Rule is hereby entered upon the defendants, Salnantha Irene Worthington and Frederick J. Worthington, Jr., to appear and show cause, if any there be, why the relief requested in the plaintiffs motion for writ . of seizure should not be granted. R..~ ~. h d.y ~ ~.. ~. lit. ~~. "",d ,. - ~k Kdl.uuabk Iv. ~.".. ITI oll.cft.earing the ~ day of ~ ,2003, at ~:'O ,t.m.in ~.~ , Cumberland County Courthouse, Carlisle, P A. BYTH J. 555832.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston. PA 18704 (570) 287.3000 ATTORNEY FOR PLAINTIFF 1 -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TAMMAC CORPORATION, Plaintiff vs. CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. REPLEVIN Defendants NO. 03- Civil Term PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.c., hereby submits, pursuant to Pa.R.c.P. 1075.1, its motion for writ of seizure, against the defendants, Samantha Irene Worthing and Frederick J. Worthington, Jr. (individually referred to as "Mr. Worthington") (collectively referred to as the "Worthingtons"), as follows: On even date herewith, Tammac is filing a complaint in replevin against the Worthingtons. (A truc and correct copyofTammac's complaint in replevin is attached hereto pursuant to Pa. R.C.P. No.1 075.1 (b), incorporated herein by referenced pursuant to Pa. R.C.P. NO.1 01 9(g) and marked as Exhibit "I.") WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ ofscizure to the Sheriffdirccting the Sheriff to seize the Collateral. Respectfully submitted. :~u~~~~~' P.c. Jamcs '1. Shoemakc:r, EsqUIre ID No.: 63871 Counsel for thc plaintiff, Tammac Corporation 600 Third Avcnuc Kingston, P A 18704 Tclcphone (570) 287-3000 Facslmilc(570) 287-8002 :t-t\, Dated: _fHL'L';:\ _i),_~__, 2003 " 555:->57.1 VERIFICA nON I, Jeffrey A. Goodrich, Collection Supervisor ofTammac Corporation, have the authority to make this verdlcation 0:1 its b:;hnlf. The statemep-ts c0!!t.ainect i.n l:he foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is . . being made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification (0 authorities. 555X54.1 JUN 1 1 2003 ~ 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 T AMMAC CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL ACTiON - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. Defendants REPLEVIN -i 03_.~tbvil Term NO. BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Klugcr & Quinn, P.c., hereby submits its brief in support of plaintiffs motion for writ of seizure against the defendants, Samantha Irene Worthington and Frederick J. Worthington, Jr. (individually referred to as "Mr. Worthington") (collectively referred to as the "Worthingtons"), as follows: I. HISTORY OF THE CASE Tammac is acorporation conducting business in thc Commonwealth ofPcnnsylvania, having an office located at Arena Hub Business Complex, 275 Mundy Street, Wilkcs-Barre, PAl 8702. Thc Worthingtons arc both adult individuals having a last known addrcss of8 apache Drivc, Indian Springs, Shippcnsburg, CUlllhcrland County, PA, 17057. ~)~.,,) 11 Thc Worthingtons are both adult individuals having a last known address of8 apache Drivc, Indian Springs, Shippcnsburg, Cumberland County, P A, 17057. On or about March 7, 2003, the Mr. Worthington entered into a manufactured home retail installment contract (the "Contract") with Quality Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to the Contract, which Contract was for the purchase/sale of a 1999 Future manufactured home bearing VIN#0479M (thl~ "Collateral"). (A true and correct copy 'of the Contract, as assigned, is attached hereto as Exhibit "A" and incorporated herein by reference.) By the tenns of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and con'ect copy of the Certificate of Title is attached hercto as Exhibit "8" and incorporated herein by reference.) The Contract was not further assigned. The Worthingtons defaulted under the terms of the Contract by failing to make monthly payments of principal and intercst duc under the Contract. The Worthingtons are due for the October 7, 2002 payment. Upon infonnation and belief, the fair market valuc of the Collateral is $38,858.99. Tammac believes and therefore avers that the Worthingtons have possession of the Collateral. The Worthingtons have failed and rcfuscd, dcspitc repeated demands by Tammac, to pay thc balancc due under the Contract or to deliver posscssion ofthc Collatcral to Tammac. Thc balancc ofthc Contract as of May 14,2003, was $36,685.81, consisting of principal in thc amount 01'$3 1,640.75, accrucd intcrest in the amount of$4,029.60, miscellancous chargcs in thc ):):>;\511 2 III. ARGUMENT Pa.R.Civ.P. No. 1075.1 sets forth the procedure for the issuance of a prejudgment writ of seizure after notice and hearing which is designed to be in accordance with the due process requirements enumerated in Fuentes v. Shevin. 407 U.S. 67, 92 S.C!. 1983,32 L.Ed.2d 556, reh. den., 409 U.S. 902, 93 S.C!. 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.I(a). The plaintiff may move for the issuance of a writ of seizure after the complaint has been filed, whether or not the complaint has been served. Pa.R.Civ.P. No. 1075.I(a). Upon the filing ofthe motion for issuance ofa writ of seizure, the court must fix the date and time for a hearing on the motion. See Pa.R.Civ.P. No.1 075.1 (a). A hearing on a motion for a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Civ.P. No. 1075.1 (e); see also Equico Lessors Inc. v. Ewinl(, 281 Pa. Super. 147, 152,421 A.2d 1190, 1193 (1980) (holding that prima jilcie right established by testimony of plaintiff's employees that property was deteriorating and in jeopardy). Pursuant to Pa.R.Civ.P. No. 1075.1 (c), 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 Goodricb Amram 2d ~ I 075.1 (c): I (1991). Irthe court is satisfied that the notice ))-')x-') 1 1 } requirements ofPa.R.Civ.P. No. 1075 have been met, the court must detemline from the complaint, affidavits, testimony, admissions, or other evidence which may be received whether the plaintiff has established the probable validity of his claim and, if so, the court may order a writ of seizure to be issued upon the filing of a bond as provided by the Pennsylvania Rules of Civil Procedure. See 4 Goodrich Amram 2d gI075.I(e):1. The rule does not mandate any particular form of hearing on the motion for a writ of seizure. It seems that all that is required is an opportunity for the plaintiffto 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 gI075.I(e):1 (199\). The hearing is not for the purpose of making a final determination on the merits of the plaintiffs claimed right to possession of the property, but merely for determining whether the plaintiff has a probable right to possession. See Hamilton Bank v. Seiaer, 22 D&C 3d 534, 537 (1982). Except where the sheri rr 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.1 075.4(a); see also Maver v. Chelten Ave. Bldg. Corp.. 321 Pa. 193, 196, 183 A. 773, 774 (1936); Gencral Motors Acceptance Corp. v. Burns, 25 D&C 2d293, 296-300 (1961). Additionally, the fO!lll of the writ of seizure prescribed by the Pennsylvania Rules of Civil Procedure spcei fically directs the sheri rrto scize the subject property. See Pa.R.Civ.P. No. 1354. Furthermore, it has been held that even a dcrcndant who is properly in possession of the subject properly by virtue of a valid lien is obligated to surrcntkr possession to the sherin: Scc -')'iSX'iI.1 4 Mitchell v. McKinnis. 284 Pa. Super. 469, 473, 426 A.2d 142, 144 (1981) (noting that the defendant had no right to give a counter-bond and keep possession since his lien was fully protected by the plaintiffs bond). The sheriffmust take physical possession of the property. The sheriff has the right to enter the defendant's house for the purpose of searching for the goods, provided that in so doing he does not exe~ed the limits prescribed by the law. See Kneas v. Fitlel~ 2 Serg & R 263, 264 (Pa. 1816); . Maver. 321 Pa. at 196, 183 A. at 774. The sheriff has the right (0 enter a door already opened and may even be authorized to break open doors and enter by force in order to execute the writ of seizure. See Commonwealth v. Temple. 38 D&C 2d 120, 127 (1965). However, the sheriff may use no more force than necessary and must exercise due care. See Maver, 321 Pa. at 196, 183 A. at 774. The burden is upon the plaintiff in a replevin action to e,;tablish every material element of his case upon which an issue is raised under his pleadings. Blossom Prods. Com. 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. Goddinl(. 155 Pa. Super. 490,4')2, 38 ^ 2d 720, 721 (1944); Johnson v. Stanlcs. 135 Pa. Super. 274, 280, 5 A,2d 433. 43(, (I <)3'1) )5'iX'ill 5 IV. CONCLUSION In light of the foregoing, the plaintiff prays this COUli 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 A venue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: \ \ Ice ':\ ;::;, C'( t t.c 2003 (J S''iSX51.1 (, ~ EXHIBIT ~IJL.11 ~ ~ "" MANUFACTURED HOME Seller QUALITY HOMES mc Buyer WORTHINGTON J FREDERICK J. JR RETAil INSTAllMENT CONTRACT 3076 CARLISLE :WAD 8 APACHE DRIVE PENNSYlVANIA DOVER, PA 17315 SHIPPENSBURG, PA 17257 No. Date 3, 7-6/ 'We" and ~US~ mean the Seller above, "You~ and "your" mean each Buyer above, its successors and ;lSsjgns. and guarantor, separately and together. SALE: You agree ~o purchase from us the manufactured home described below, together with the related services, furnishings, appliances. and accessories listed below (together referred to as ~Manufactured Home~). Your purchase of the Manufactured Home is subject to the terms of this Contract. "Contracr means this document and any separate document that secures this Contract. Manufacturer Model Name & Number Year Serial Number FORTUNE VC 180 1999 4794M Services, furnishings, appliances, and accessories include: o Tires and Wheels 0 Axles 0 Refrigerator o Washer 0 Dryer o Awning(s) 0 Skirting 0 J\ccessory Shed o Services o Other Color New o Used o Oven/Range ONe Unites) Location of Manufactured Home after,delivery to Buyer: 8 APACHE :)RIVE SHIPPENSBURG PA 17257 Description of Trade-In: Nt A PROMISE TO PAY AND PAYMENT TERMS: You promfseto pay lS the principal amount of $ on the unpaid balance at Ihe rate(s) of 17.00% 31.777.50 , plus interest per year until the final scheduled payment date. Interest will begin to accrue on '1- 1 ~Ol and will accrue on a 360 day basis. After the final scheduled payment date, or after you default and we demand payment, we will eam interest on the unpaid principal balance at the rate of I 17.00 % per year. You agree to pay this Contract according to the payment scheduie and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms of this Contract. A late charge, if provided In the TRUTH IN LENDING DISCLOSURES, will be Imposed only once on a late payment. A late charge will not be collected on the final scheduled payment, but interest will continue to accrue at the applicable contract rate. o ADDITIONAL FINANCE CHARGE: You agree 10 pay an additional, nonrefundable finance charge of $ N I A o paid;n cash. 0 financed (see ITEMIZATION OF AMOUNT FINANCED). 0 paid proportionally with each payment. DOWN PAYMENT: You agree to payor apply 10 the Cash Price, on or before today's date, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. o ESCROW: You 0 may, but are not required to 0 must pay certain expenses and fees from an escrow account. If an escrow accouni is established, it will be governed by a separate agreement. that will be TRUTH IN LEN PING DISCLOSURES ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amount of credit The amount you will have The total cost of your purchase on The cost of your credit as The dollar amount the provided to you or on paid vmen you hava made credit, including your down payment a yearly rate. credit will cost you. your behal", all scheduled payments. 01$ 1,900.00 17.00 % $ 105,292.50 $ 31.777.5, $ 137,070.00 $ 138.970.00 Payment Schedule: Your payment schedule will be Number of Payments AmOunt of Payments When Payments Are Due 300 $456.90 MONTHLY BEGINNING ON ,,/ '7-0/ Security: You are giving a security interest in the goods or property beirlg purchased. o You are giving a security interest in the real property at lZN..ate Charge: If a payment is more than 15 days late, y')U will be charged 10% OF PAYMENT AMOUNT Prepayment: If you payoff this Contract early, you will not have to pay,~ penally. O"lf you pay off this Contract eany, you will not be entitled to a rE!fund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home 0 may subject to conditions be allowed to []:cannot assume this Contract on its original terms. Contract prOVISlons~~ou can see the terms of this Contract for any ajditional information about nonpayment, breaking the'terms of this Contract, any required re ayment before the scheduled date, and orepayrnent refunds and penalties. "eO means an estimate BUYER RESTRICTIONS: If you do not meet this Contract's obligations, you may lose the property that you bought in this sale. SECURITY: You give us a security interest in the Manufactured Home (as jefined above). Unless prohibited by law, you also Qiva us a security interest in all present and future accessions to the Manufactured Home. Acce~;sions will not Include "household goods. as defined In the FTC Credit Praelices Rule, 16 C.F.A. 444, jf we do not finance the purchase of such hOl.Jsehold goods. If you do not meet your Contract obligations, you may lose your house and the rear estate described in any mortgage or deed of trus': (if any). o Ttlis Contraci is also secured by a separate mortgage or deed of trust daled , on real estate, as shown in the TRUTH IN LENDING DISCLOSURES. The term ~Property" means all property sec.wing this Contract. CREDIT INSURANCE: Credit lile insurance and credit disability. insurance are not required to obtain credit. You will not receive credit life insurance and credit disability insurance unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below ONLY the cow'!rflnp!'; VOl' hllVfl r.hn~pn In n'!r....h"",,,, ITEMIZATION OF AMOUNT FINANeEP Mlnufactured Home Price $ 31.900.00 (including sales tax of $ N / A SLyer Protection/Service Plan, Paid to: . $ N / A .m..... Prepayment: If you payoff this C. . .,.act early, you will not have tl) pay a penalty. o If you payoff this Contract early, you will not be entitled to a refund of part of the Additionaf Finance Charge. ASSUMPTION: Someone buying your Manufactured Home 0 mey subject to conditions be allowed to []cannot assume this Contra( on its original terms. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, breaking the terms of th Contract, any required repayment before the scheduled date, and p'epayment refunds and penalties. Me~ means an estima! W_,y ._.~, ,__ ..... __ ~"-'::O-- BUYER RESTRICTIONS: If you do not meet thIs Contract's obligations, you may lose the property that you bought in this sale. SECURITY: You give us a security interest in the Manufactured Home (as defined above). Unless prohibited by law, you also give us a secur interest in all present and future accessions to the Manufactured Home. Accessions will not include "household goods~ as defined in the FTC Cre Practices Rule, 16 C.F.R. 444, jf we do not finance the purchase of sueh household goods. If you do not meet your Contract obligations, you m lose your house and the rea! estate described in any mortgage or deed I)f trust (if any). o This Contract is also secured by a separate mortgage or deed of trust dated , on real estate, as shown in t' TRUTH IN LENDING DISCLOSURES. The term ~Property" means all property securing this Contract. CREDIT INSURANCE: Credit life insurance and credit disabili!y insurance are not required to obtain credit. You win not receive credit life insurance and credit disability insurance unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below ONLY the coverages you have chosen 10 purchase. Credit Life: Insured o Single 0 Joint Premo $ Credit Disability: Insured o Single 0 Joint Premo $ NI A Term N/A Term Name of Insurance Company: Your signature below means you want (only) the Insurance coverage(s) quoted above. If none are quoted, you have declined any coverages we offered. Buyer dlo/b Buyer dloIb Buyer dlolb Buyer dlolb PROPERTY INSURANCE: You are required to insure the Property securing this Contract with the following minimum property insurance coverage: You may purchase or provide the Insurance through any insurance company that is reasonably acceptable to us. If you get the insurance from or through us you will pay $ 1.660.00 for FIVE YEARS of coverage. The property Insurance must protect against loss and physical damage. You must name us as beneficiary on the Insurance policy. We may require additional security before we allow you to use insurance proceeds to repair or replace the Property. You wilt pay all amounts that insurance does not cover. tf You fail to obtain or keep insurance or to name us as beneficiary, we may obtain insurance to protect our interest in the Property. We will add the cost of insurance to the amount you owe us. Any amount we pay for insurance is due immediately and will earn interest at the rate charged after maturity. Liablilty Insurance coverage for bodily InJury and/or property damage caused to others Is NOT Included In this Contract unless checked and Indicated below. o The following liability insurance is included in this coverage: o BUYER PROTECTION/SERVICE PLAN: With your purchase of the Manufactured Home, you have elected to purchase the following optional buyer protection or service plan ("Plan"): The Plan covers and will be In effect See the Plan documents for details. TRANSFER: Seller transfers this Contract to TAMMAC CORP 275 MUNDY STREET WILKES-BARRE PA 18702 Date PENNSYLVANIA MANUFACTURED HOME RETAil INSTAllMENT CONTRACT ..~M ""M'''._,. u<"......__ '." ~. ....._..~ ,.., ~ .^.~~~....... ITEMIZATION OF AMOUNT FINANCEP Manufaclured Home Price $ 31,900.0 (including sales tax of $ N I A Buyer Protection/Service Plan, Paid to: N/A '$ 1. Cash Price $ 31.900.00 Manufacturer's Rebate $ N I A Cash Down Payment $ 1,900.00 2. Subtotal $ 1,900.00 $ N/A $ N/A Trade-In Allowance Less: Amount Owing To; 3. Net Trade-In $ N I A . 4. Total Down Payment (Hne 2 plus line 3) $ 5. Unpaid Balance of Cash Price (line 1 minus line 4) $ Fees Paid to Others: Paid to Public Officials - Fliing Fees Only $ Paid to p,ublic Officials - Other than Filing Fees $ Insurance Premiums' $ (To: (To; (To: Additional Finance Charge(s) Paid To Seller $ To: FLOOD FEE $ To: DOCUMENT FEE $ To: $ 6. Subtotal (line 5 plus aU Fees Paid to Others) $ 7. Prepaid Finance Charges $ Amount Financed (line 6 minus line 7) $ 'We may retain or receive a portion of this amount. 1.900.0< 30.000.0< 27.51 N/A 1,660.0! N/A 40.0( 50.0( N/A 31.777.5( N/A 31,777.5( NOTICE TO BUYER 00 not sign this Contract In blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. ~UX~~//-I/?~~ Slgnatu X Signature X Signature X Signature .3-7 ~J Date Date Dale Date I ACKNOWLEDGE RECEIPT OF A COP' OF THIS CONTR~ X~~~ . '~4~ s~ ~ame and Title .. MANUFACTURED HOMES - NOT FOR MODULAR HOME: HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IPENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 ATTORNEY FOR PLAINTIFF TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. REPLEVIN Defendants NO. 03-2738 Civil Teml CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the foregoing notice upon the defendants by depositing said document in the United States mail, first class, postage pre-paid, addressed as follows: Samantha Irene Worthington 8 Apache Drive Indian Springs Shippensburg, P A 17257 Frederick Junior Worthington 8 Apache Drive Indian Springs Shippensburg, P A 17257 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: June ,] -z, , 2003 Respectfully submitted, Houri~~r &-Quinn, P.c. \ ~.- .7l' ~ --__--/_.. L--- James T. Shoemaker, Esquire Counsel for the plaintiff, Tammac Corporation 561451.] (') c S ~1r' n'lfT', -;10' ""'l 41---....' ;;; 5:; "< ~: !:C C~' ~(".:; ,""U -C :?2 =<! a (~~ o -"'f ... -~ lJ -, . --. ..,~.I " l.rl ...,., ::tt: , -I, -. ,\ L;i'-; ~:.. r'n CJ "" ::0 -< w ::> (;0 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02738 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL.AND TAMMAC CORPORATION VS WORTHINGTON SAMANTHA IRENE ET CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN WORTHINGTON FREDERICK J JR was served upon the DEFENDANT , at 1931:00 HOURS, on the 26th day of June , 2003 at 8 APACHE DRIVE SHIPPENSBURG, PA 17257 FREDERICK J WORTHINGTON by handing to a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 ,00 16.00 Sworn and Subscribed to before me this l~ day of ef0t. ..20v..3 A . D . C\''f(' 0 7h-lil,,, .'^O~ trothonotary ',' So Answers: .,.,.._~~ ,<"".If ,;:;.?,:';;J' (~,'~'__ ,1"~ Ji' ,_;..... __ ~ R. Thomas Kline 06/30/2003 HOURIGAN K~ ~U..I. NN. --/-:~ By: cI-. --r~:.At,J /~/ -vDePFY Sheriff 7 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02738 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS WORTHINGTON SAMANTHA IRENE ET CPL. TIMOTHY REITZ Cumberland County,Pennsylvania, who being duly sworn according to law, , Sheriff or Deputy Sheriff of says, the within COMPLAINT - REPLEVIN WORTHINGTON SAMANTHA IRENE was served upon the , at 1931:00 HOURS, on the 26th day of June , 2003 DEFENDANT at 8 APACHE DRIVE SHIPPENSBURG, PA 17257 FREDERICK J WORTHINGTON by handing to HUSBAND a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.42 .00 10.00 .00 40.42 Sworn and Subscribed to before me this 7!3: day of ~:lff/13 A.D. / Q' "-...1..u u... . fvr J ttJl ~ I f2N':: -, iirothonotary . '-r' So Answers; rfJ::,:~.c:'.':'c ~ R. Thomas Kl ine . 06/30/2003 HOURIGAN K~R _QUINN. :It By: / /A~7// /~;I;'Sheri SHERIFF'S RETURN - REGULAR CASE NO: 2003-02738 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS WORTHINGTON SAMANTHA IRENE ET CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon WORTHINGTON SAMANTHA IRENE , at 2106:00 HOURS, on the 25th day of June DEFENDANT at 8 APACHE DRIVE SHIPPENSBURG, PA 17257 FREDERICK J WORTHINGTON, by handing to HUSBAND the , 2003 a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.11 .00 10.00 .00 41.11 Sworn and Subscribed to before me this 7 ~ day of /. L;/w" . ;l 0lJ3 A. D. l ';,u._ 0 (kJ#1,-",~~ ----"'rothonotary . So Answers: r~~~ R. Thomas Kline 06/26/2003 HOURIGAN KLUGER QUINN ~:;z :!:8,--- By: ~~ _ De U y-She iff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02738 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS WORTHINGTON SAMANTHA IRENE ET CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN WORTHINGTON FREDERICK J JR was served upon the DEFENDANT , at 2106:00 HOURS, on the 25th day of June , 2003 at 8 APACHE DRIVE SHIPPENSBURG, PA 17257 FREDERICK J WORTHINGTON by handing to a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this 7~ day of /--">, ~ . cJ.0iV . A.D. ../ . C/,"'rf........Cl ~~ Plcothonotary , So Answers: -~~L _. ...,....<.;~~.o...."~.-"....'.':;:.....;~?,....... 'r ...?::'"6-",~;~..,,',,;,.,....._ R. Thomas Kline 06/26/2003 HOURIGAN KLUGER QUINN. pJ By: rT;:A;(;/ lA /V"~~flut; S eriyf HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IPENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON, JR. REPLEVIN Defendants NO. 03-2738 Civil Term CONSENT TO JUDGMENT FOR POSSESSION We, the defendants, Samantha Irene Worthington and Frederick J. Worthington, Jr. hereby consent to judgment for possession against us and in favor of the plaintiff, Tammac Corporation, for our 1999 Fortune manufactured home, bearing VIN 04794M, as well as any and all appliances, furniture and equipment sold with the manufactured home, all property whether 565318.1 . ' , now or hereafter attached to the manufactured home, and all proceeds of the foregoing, including insurance, effective September 2,2003. J"mon'#aJ rl1~ Samantha IrEne Worthington '---.. ~&gUm," 5653]8.1 2 HOURIGAN, KLUGER & QUINN A PRO"ESSIONAL 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs, CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK J, WORTHINGTON, JR. REPLEVIN Defendants NO, 03-2738 Civil Term AGREEMENT TO CONSENT TO JUDGMENT FOR POSSESSION This agreement ("Agreement") is m"de this _____._ day of July, 2003, by and between Frederick J. Worthington, Jr. ("Mr. Worthington") and Samantha Irene Worthington (jointly, the "Worthingtons") and Tammac Corporation ("Tammac"), as follows: WITNE S SETH: 1.001 lelt1 Whereas, on or about March 7, zee:r, Mr. Worthington entered into a manufactured horn)" ~ . retail installment contract (the "Contract") with Quality Homes, Inc., which immediately . 565304.1 assigned its rights to the contract to Tammae pursuant to the Contract, which Contract was for~ 0N~~ . the purchase/sale of a 1999 Fliittlcmanufaetured home bearing V1N 0479M (the "Collateral");..;s, . Whereas, by the terms of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the certificate of title; Whereas, Mr. Worthington delimIted under the tenms of the Contract by failing to make monthly payments of principal and interest due under the Contract; Whereas, Mr. Worthington is due for his October 7, 2002 payment; Whereas, the Worthingtons and Tamrnae wish to enter into this Agreement, without Tammae's waiving any of its rights and remedies under the Contract, but in an effort to permit the W orthingtons to consent to a judgment for possession and to avoid a judgment in personam and so as to allow the Worthingtons to use the Collaterallmtil September 2,2003. Now, therefore, intending to be legally bound hereby, and in consideration ofthe mutual terms and conditions hereinafter set forth, the receipt and adequacy of such consideration being hereby acknowledged, the parties hereto mutual1y agree as follows: 1. Confirmation of Mr. Worthington's Indebt,~dness. Mr. Worthington hereby confirms and acknowledges that he is justly and truly indebted to Tammac under the Contract, without any setoff or defenses thereto. There is due to Tammae as of July 18, 2003 under the Contract the amount of $39,097. 72, consisting of principal in the amount of $31 ,640.75, interest 565304.1 2 in the amount of $4,923.60, late charges in the amount of$70.00 and attorneys' fees and costs in the amount of$2,734.96, less suspense payment of$271.55. It is expressly understood that the foregoing statement of indebtedness does not include accrued interest from July 18, 2003 or other expenses which may be incurred by Tammae if Tarrmac finds it necessary to continue to exercise its rights or remedies under the Contract. 2. Confirmation of Loan Documents. The Worthingtons hereby acknowledge and agree that the information contained in the above-referenced recitals is true, accurate and complete. Mr. Worthington further ratifies, reaffirms, confirms and acknowledges that all loan documents (the Contract, the Certificate of Title, and any other documents executed in connection with the Contract hereinafter referred to as "Loan Documents"), concerning the indebtedness as referenced hereinabove are valid, binding and in full force and effect as of the date hereof, and that he does not have any defense, setoff, counterclaim or challenge against the payment of any and all sums owing under the terms of the Loan Documents, or the enforcement or validity of any of the terms thereof. 3. Binding Effect. This Agreement shall be binding upon the parties hereto, and their successors, heirs and assigns. The Worthingtons shall not have the right to assign their rights hereunder without the prior written consent of Tammae. 565304.1 3 4. Forbearance. Tammae agrees to forbear from exercising its rights and remedies against the Worthingtons and/or the Collateral pending th,: Worthingtons' compliance with the terms as set forth herein. 5. Consent to Judgment for Possession. On or before September 2, 2003, the Worthingtons agree to vacate the Collateral in broom-swept condition and agree to the entry of a judgment for possession of the Collateral in favor of Tammac and against the W orthingtons, in form and in substance as the consent to judgment for possession which is attached hereto as Exhibit "A." 6, Default. In the event that the Worthingtons fail to comply with the provisions of this Agreement, Tammae shall be entitled to proceed with the exercise of all remedies available to it as set forth in the Contract, including, but not limited to, the right to collect from the Worthingtons is reasonable attorneys' fees and costs. 7, Governing Law. This Agreement shall be governed, construed and enforced in accordance with the laws of the Commollwealth of Pennsylvania. 8. Release. The Worthingtons hereby waive and release Tammac, its officers, employees, agents, representatives, attorneys, directors and their respective heirs, administrators, SUCcessors and assigns, from any and all claims, causes of action, setoffs, recoupments, actions, debts, damages, liabilities and expenses which either or both of them may have against Tammac 565304.1 4 i, """","0' willi ili, Co''''''' ooy ~"oo" i_OO ofT_~, "i, ooy w'"' ml,,,,, '0 lli, Loan DOcuments and/or the negotiation of this Agreement. 9, /;0 W"v~" Nov,""", N,W,. h_ """_ ood "" ""'aq'k,," by T """"'" h""" 0' i, """""00 lremwi lli ",ill """tito" " bo d"",,,,, '0 b, , w"v~ " "'"", of ooy d_, by <he Wo",",,,,o,," of lli," ohlig'lio" ""do U" """~lyi'g i'dob,,,,,,,,,,, o<of lli, Co,,,,,,, " lli, "",,"ly ;"to""",, 'iglrt" -oli~ ""'ivi"g~ 'i"'d"" to T""m~ lli"","",,~, NoWog h~"" """ "'''""m" , w.v~ by T""""" of OOy of lli, WO",,","'o,,"' """_lioo", willi lli, to,,", 'f lli, ,,",,~lyiog "''''''' ,"d -'oIn""" "", """ '"Y'hiog "''''''''' h~'i, "'''""M, 00 ","","",,, by T""m" to ""," i,to ""'"""'" ''"''''''"' willi lli, W Orthio"",,", No lli~ W, A,""",,", "'" ooyOili~ do"""",," '0 b, ~""''''' i, "00","00 h_iili i, i, OOy W'y I,,,,,,,,,,, to ""'"M, ,"OV'"oo of" , wW"'<Of tho Co,,,,,,, " OOy of lli, ,,",,~lY;"g Lo,., Do"""""",, Th, Co,,,,,,, "'" "'" "'" ", olli~ "'""'"''''' i, WriHog bOw"", ili, WOrthi'g'oa, ood T _" ""11 "mw, i, foli f"", """ off", 10, FiIi"", Th, -~ h"""o 'gre, 'h'''hi, Agre.,m"" "'" fuJly,~"",,,,,, 'hill b, filed with the Court. 565304. J 5 11. Waiver of Jurv Trial. The Worthingtons and Tammac irrevocably, as an between either or both of the Worthingtons and Tammac. In,,,,,,..., ,"""",, w"" j,ty 'dol ... th, dgb. tho..... .. "Y "b.. " .""....g obligation to Tammae in bankruptcy proceedings, a waiver of the Worthingtons' right to 12. Nothl"" b_ ,..., co","",,, on """"'''1 by tho Worth I,,,,,", lu _ ony 'I~b~" ony "Ii"",, '0 T=",~ I, bonkru."y _""',,,, "" now,,,,,,,,,.., lu POy Tanunae. In witness whereof, and intending to be Iegal1y bound hereby, the parties hereto execute this agreement the day and year first above written, WITNESS: l {(no'l, (! ili lilt.L(i -/ //~ ~~'''=N<r-N'JR- - ~1Ylv1~' J .lJy,~~ j? j'DJ AMANTHA IRENE WORTH TON (\ {In/lo~o. f1 -hI [[In L-,[' ! ATTEST: ///~ TAMMAC CORPORATION BY:~~~j: _~ 6 COMMONWEALTH OF PENNSYL VANIA COUNTY OF I!Lrn6.er/(tJ)of SS: ONTHIS,the2daYOf Hu9US+ , 2003, before me, the undersigned offi,~, -'illy - Fred"", J. Wort,_, k 00' S""oo"" !reo, WOrthi'gW, '00,," tu "" ,,, ""',,"<Orily "<OY") tu "" fu, _" w,,,, _~ ~, 'O'~rib'" to "" withio ',"""",,,t, 00' ",,,'"w,"''''''' ili" ili"" "'="" fu, "," f" fu, P_" fu<re'" "'''''''''. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. f) .'\ in f!tJ f 10. 12:.- b I [(fa 1,(-1 NOTARY PUBLIC / NOTARIAL SEAL PMltELA A SWITALSKI. Notary Public 8hJppensburg, Cumberland County M CommlSilon Ex lrea Feb","~..?904 565304.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF LUZERNE On this the 15th day of Angns~ 2003, before me, the undersigned officer, personally appeared Jeffrey A. Goodrich, who acknowledged hirnse1fto be Collection Snpervisor ofT AMMAC CORPORATION, and that he being authorized to do so, executed the foregoing instrument for the purposes herein contained by signing the name ofT AMMAC CORPORATION, by himself as Collection Supervisor. rnw",,,ss WHill<EO'. "~h_. "'m,h~d ~d:,,"Y' . ~" l!a?~~ll NOTARY PUBLIC . Notarial Seal WIlliam N. Mathewson, Notary Public Wllkes-Sarre Twp., Luzerne County My Commission Expires Feb. 12, 2005 Member, Pennsylvania AsSOCIation of Notaries n c' F (.,:~ ~ 'J;.- ""lJ(:l:J mFi e, ~t1: 1'-' ta ',~. 1'<) ~'?2;' r::: 1...J -'1) ~-, :,:~: Z"...;;' =~l '"'.. .Yt._.. 3'V -_ C,.) o -" ,'" ~:9l5 "."'l{.l) {:~~~ (5rn _4 ~l:'" Xl -< ,Till -?~-?IiIIi1~ 1i14:~7 FRnM;H.ICl<~ S71i1 ?R7 RIiIIiIS Tn:SIiI?1#liIh7SR~IiI#Shg#171 P.?/~ SAMANTIIA IRENE WORTHINGTON and FREDERICK J. WORTHINGTON. JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN TAMMAC CORPORATION. Plaintiff VS. Defendants NO. OA;;v~'~/L OROF.R AND NOW, this ~ay of J 2003, upon consideratioD of the plaintifF 8 requC8t for a continuance pending settlement, the ~ on the p'laintift" 8 motion for Tv.wl", ,Jt-S~ IX..~~..#-'f' <C....,. 4 writ uf ~eizur.;:s hereby wntin~~1"'1 II~: H~~~3~ . ----i;. ~'~:: ~'dco.a~...~~~.Foi ~ ~~. I. , ~O' VlNVA1ASNN3d JJ.NnOJ r:c~nid=18V'lno 8/ 'B l'I'II.+m'" , . ". -' '" r: ~ ^W10tI~j:HiJ..,:,-~':' ~~- ~o 30id:iO'" C~;';::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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW SAMANTHA IRENE WORTHINGTON and FREDERICK 1. WORTHINGTON, JR. REPLEVIN Defendants NO. 03-2738 Civil Term PRAECIPE TO DISCONTINUE CASE WITHOUT PREJUDICE TO: Prothonotary Kindly discontinue the plaintiff's action in the above-referenced matter without prejudice. Thank you. 600 Third Avenue Kingston, P A 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: October 18, 2006 740336.1 () c: -:-;7' -u~1:1 qJ\.:. 2: f~:-~ tJ~] ~ >~ ~c ~C"" /--c; s:; <:= ~ --. ~ C:3 c:::;:) a"' C> ~ ....0 ~ -4 ffl~ --0 iT! "'"DO '0' ,1.. o ~-i:!:H (2~ ~~ . o ~ :..::. -a :::>C W ., W o