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HomeMy WebLinkAbout08-2330o/ 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 HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. REPLEVIN WILLIAM BARTHOLOW and RUTH BARTHOLOW, Defendants No.: a$? x330 (1wa ({-'w 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. 812563.1 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. 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: _..? James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 812563.1 2 April q , 2008 William Bartholow Ruth Bartholow 91 Country View Estates Newville, PA 17241 RE: Account No.: 06-1680 Property Address: 91 Country View Estates, Newville, PA 17241 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. Sh maker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 812564.1 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 HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. REPLEVIN WILLIAM BARTHOLOW and RUTH BARTHOLOW, ?-r^-- Defendants No.: 0?. 3- COMPLAINT The plaintiff, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, William Bartholow and Ruth Bartholow ("Mr. and Ms. Bartholow"), 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. and Ms. Bartholow are adult individuals having a last known address of 91 County View Estates, Newville, PA 17241. 3. On or about March 4, 2006, Mr. and Ms. Bartholow entered into a manufactured home installment sale contract (the "Contract") with Quality Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to an 812565.1 assignment (the "Assignment"), which Contract was for the purchase/sale of a 2006 Redman mobile home bearing VIN 12245185AB (the "Collateral"). (A true and correct copy of the Contract and the Assignment is attached hereto jointly 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 assigned, except as stated above. Tammac is the successor in interest to Tammac Corporation. 6. Mr. and Ms. Bartholow defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. Mr. and Ms. Bartholow are due for their October 4, 2007 payment. 8. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. and Ms. Bartholow under the Contract. 9. Tammac believes and therefore avers that Mr. and Ms. Bartholow have possession of the Collateral. 10. Mr. and Ms. Bartholow have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 812565.1 2 11. The balance of the Contract as of April 3, 2008, was $68,120.17, consisting of principal in the amount of $63,049.64, accrued interest in the amount of $4,025.34, miscellaneous charges in the amount of $857.54, and late charges in the amount of $187.65, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. and Ms. Bartholow in the amount of $68,120.17, plus interest from April 3, 2008, 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, KLUGFRINN, P.C. 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 9, 2008 BY: \ James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 812565.1 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 812566.1 RETAIL INSTALLMENT CONTRACT Quality Homes, Inc. 3076 Carlisle Road PENNSYLVANIA Dover PA 17315 No. Date 03/04/2006 "We" and "us" mean the Seller above, its successors and assigns. °,,yer William Bartholow Ruth Bartholow "You" and "your" mean each Buyer above, and guarantor, separately and together. TRIITW IN i FNt11Nr. DISC1-0SURFS ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE CHARGE The amount of credit The amount you will have The total cost of your RATE The dollar amount the provided to you or paid when you have made purchase on credit, including The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment as a yearly rate. of $ 7100 .00 11.13 % $124507.00 $63200.00 $ 187707.00 $ 194807.00 Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 300 625.69 Beginning 4/4/2006 and on the 4th of each successive month thereafter. Security: You are giving a security interest in the goods or property being purchased. ? You are giving a security interest in the real property at ® Late Charge: If a payment is more than 15 days late, you will be charged 2% of payment amount Prepayment: If you pay off this Contract early, you will not have to pay a penalty. ? If you pay off this Contract early, you will not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home ? may subject to conditions be allowed to ® cannot assume this Contract on its original terms. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. "e" means an estimate I BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought in this sale. SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the Manufactured Home (as defined above) and, unless prohibited by law, all present and future accessions to the Manufactured Home (except that accessions will not include "household goods" as defined in the FTC Credit 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 may lose your house, and the real estate described in any mortgage or deed of trust (if anyl. ? This Contract is 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 securing this Contract. CREDIT INSURANCE: Credit life, credit disability (accident and PROPERTY INSURANCE: You are required to insure the health or accident and sickness), and any other insurance Property securing this Contract with the following minimum coverage quoted below, are not required to obtain credit and we property insurance coverage: will not provide them 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 _ ? Single ? Joint Prem. $ n/a Credit Disability: Insured Term ? Single ? Joint Prem. $ 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. 46L 41 16 1935 uyer d/o/b Buyer d/o/b yer d/o/b Buyer d/o/b Liability insurance coverage for bodily injury and/or property damage caused to others is NOT included in this Contract unless checked and indicated below. ? The following liability insurance is included in this coverage: PENNSYLVANIA MANUFACTURED HOMER 0- PLAINTIFF'S ?•1 ® 1996 Bankers Systems, Inc., St. Cloud, MN Form 0 EXHIBIT 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 $ 0 . 00 for of coverage. (page ( of 4) L_jnuyt:K NRu ,TIONISERVICE PLAN: With your purchase Manufactured Home Price $ 70300.00 of the Manufact_..d Home, you have elected to purchase the (including sales tax of $ ) following optional buyer protection or service plan ("Plan"): Buyer Protection/Service Plan Paid to: $ The Plan covers 1. Cash Price $ 70300.00 Manufacturer's Rebate $ 3500.00 Cash Down Payment $ 3600.00 2. Subtotal $ 7100-00 Trade-In Allowance Less: Amount Owing To: 3. Net Trade-In $ 0.00 4. Total Down Payment (line 2 plus line 3) $ 7100.00 5. Unpaid Balance of Cash Price (line 1 minus line 4) $ 63200.00 Fees Paid to Others: Paid to Public Officials - Filing Fees Only S Paid to Public Officials - Other than Filing Fees $ Insurance Premiums* $ 501.00 (To: 1 (To: ) (To: 1 Additional Finance Charge(s) Paid To Seller $ To: Buydown $ To: Additional Finance Fees $ 137.50 To: $ 6. Subtotal (line 5 plus all Fees Paid to Others) $ 63838.50 7. Prepaid Finance Charges $ 638.50 Amount Financed (line 6 minus line 7) $ 63200.00 *We may retain or receive a portion of this amount. SALE: You agree to 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. "Contract" means this document and any separate document that secures this Contract. Manufacturer Model Name & Number Year Redman 2006 Serial Number Length Width Color ® New 12245185AB 50' 1 28' ? Used Services, furnishings, appliances, and accessories include: ? Tires and Wheels ? Axles ? Refrigerator ? Oven/Range ? Washer ? Dryer ? A/C Unit(s) ? Skirting ? Awning(s) ? Accessory Shed ? Services ? Other Location of Manufactured Home after delivery to Buyer 91 Countryview Ests Newville PA 17241 Description of Trade-In: 0 1996 Bankers Systems, Inc., St. Cloud, MN Form RSSIMHLAZ-PA 9122(98 and will be in effect 03/04/2006 . See the Plan documents for details. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ 63838 .50 plus interest on the unpaid balance at the rate(s) of 11 per year until the final scheduled payment date. Interest will begin to accrue on 03/04/2006 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 11 .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 collected on the final scheduled payment, but interest will continue to accrue at the applicable contract rate. ? ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of $ that will be ? paid in cash, ? financed (see ITEMIZATION OF AMOUNT FINANCED). ? paid proportionally with each payment. DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before today's date, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. ? ESCROW: You ? may, but are not required to ? must pay certain expenses and fees from an escrow account. If an escrow account is established, it will be governed by a separate agreement. GENERAL TERMS: You agree to purchase the Manufactured Home over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount you will pay may be more or less depending on your payment record. The law of Pennsylvania will govern this transaction. It is also governed by applicable federal law and regulations, including the preemption of state usury laws. The federal Alternative Mortgage Transactions Parity Act may also apply. We do not intend to charge or collect any interest or fee that is more than the applicable law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the principal balance, and we will refund any excess if you have paid this Contract in full. You understand and agree that some payments to third parties as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. If any provision of this Contract is not enforceable, this Contract will remain enforceable without such provision. If we agree with you to any exceptions to the promises or assurances in this printed Contract, such agreement must be in writing and signed by us. PREPAYMENT, YOU MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. Any partial prepayment will not excuse any later scheduled payments until you pay in full. You may obtain from us, or the insurance company named in your policy (or certificate of insurance), a refund of any unearned \iinnssu?r?a'nce premiums.. (]-? 3 6A4 (Page 2 of 41 ADDITIONAL SECURITY: You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest, real estate mortgage, or deed of trust in the Property, you agree to the following: A. You will defend our interests in the Property against claims made by anyone else. You will do whatever is necessary to keep our claim to the Property valid. B. The security interest you are giving us in the Property comes ahead of the claim of any other creditor. You agree to sign any additional documents or provide us with any additional information we may require to keep the priority of our claim to the Property. You will not do anything to change our interest in the Property. C. You will keep the Property in your possession in good condition and repair. You will use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, the Manufactured Home will be located at the "Location of Manufactured Home after delivery to Buyer" provided in this Contract. D. You will not try to sell or transfer any rights in the Property without our prior written consent. E. The Manufactured Home will remain personal property until this Contract is paid in full. Unless we give you prior written consent, you will not allow the Manufactured Home to become a part of real estate or to otherwise lose its treatment as personal property under applicable law. F. You will pay all taxes, fees, expenses, and assessments on the Property when due. G. You will notify us of any loss or damage to the Property. You will provide us reasonable access to the Property for the purpose of inspection. DEFAULT: You will be in default on this Contract if any one of the following occurs (except as prohibited by law): A. You fail to make a payment when it is due. S. You fail to perform any obligation that you have undertaken in this Contract (which includes doing something you have agreed not to do). If you default, you agree to pay our reasonable attorneys' fees, beginning with the commencement of legal action, and up to $50 incurred after the NOTICE OF DEFAULT and before commencement of a legal action (as provided in Pa. Stat. Ann. tit. 69 § 623) and fees for repossession, repair, storage, and sale of the Property securing this Contract. If an event of default occurs as to any one of you, we may exercise our remedies against any or all of you. NOTICE OF DEFAULT: If you are in default, we will send you a Notice of Default and Notice of Right to Cure Default ("Notice") when required by law. The Notice will explain why you are in default and how you can cure it. We will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you the Notice 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. After repossession you may have additional (but limited) rights under Pa. Stat. Ann. tit. 69 § 623 to reinstate this Contract any time up to the date of transfer of title to the Manufactured Home, by paying the installments in default without acceleration, plus any other obligation which you have not fulfilled, without acceleration, plus our costs and fees allowed by the law cited. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law, this Contract, and any separate personal property security agreement, real estate mortgage, or deed of trust. Before using a remedy, we will send you any notice and wait for any cure period that the law may require for that remedy. Our remedies include the following: A. We may require you to immediately pay us, subject to any refund required by law, the entire principal balance, plus earned interest and all other agreed charges. B. We may, but are not required to, pay taxes, fees, expenses, assessments, or other liens or make repairs to the Property if you have not done so. Any amount we pay will be added to the amount you owe us and will be due immediately. This amount will earn interest from the date paid at the rate(s) described in the PROMISE TO PAY AND PAYMENT TERMS section. We may require that you establish and fund an escrow account if one is not already required. C. We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. D. We may immediately take possession of the Property by legal process or self-help, if we do so lawfully. We may then sell the Property and apply what we receive to our reasonable expenses and then toward your obligations, as allowed by law. E. Except when prohibited by law, we may sue you for additional amounts if the sale proceeds do not pay all you owe us. Paragraphs C. and D. (above) apply only to personal property security interests. If this Contract is secured by a mortgage or deed of trust, then the foreclosure of such interest may impose other duties and limitations on our rights and remedies, as provided by law and the mortgage or deed of trust. By choosing any one or more of these remedies, we do not waive our right to later use another remedy. If we do not act on an event of default, we do not give up our right to later treat that type of event as a default. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer (or such other period of time as is required by law). When real estate is the security, other rules may apply. You agree that, subject to your right to recover such property, we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. If the U.S. Department of Housing and Urban Development insures this Contract under its Title 1 Property Improvement and Manufactured Home Regulations, our right to make you pay off this entire Contract is subject to the limitations of those regulations. 0 1996 Bankers Systems, Inc., St. Cloud, MN Form RSSIMHLAZ•PA 9/22/98 ,/ e % _ (page 3 of 4) INSURANCE: You agree to buy insurance on the Property with the types and amounts of coverage indicated in the PROPERTY INSURANCE section, or as we otherwise require. You must name us as loss payee on any such policy. In the event of loss or damage to the Property, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. If insurance proceeds paid to us do not pay off this Contract, you are responsible for the balance. You will keep the insurance in effect until this Contract is paid in full. If the premium for property insurance is included in the Amount Financed and the insurance is canceled or terminated before this Contract is paid in full, then you agree to give us any premium refund or rebate that you receive. We will credit the refund or rebate to the amount you owe us. We may, at our option, allow you to use the refund or rebate to help pay for replacement insurance that you purchase. If you do not keep these promises, we may buy insurance to protect our interest in the Property. The insurance we buy may include coverages beyond those we require you to buy and may be from a company you might not choose. The rate we pay may be higher than a rate you might have to pay if you buy it yourself. We will add the premium for this insurance to the amount you owe us. Any amount we pay will be due immediately. This amount will earn interest from the date paid at the applicable contract rate(s). OBLIGATIONS INDEPENDENT: Each of you who signs this Contract is independently responsible to pay it and to keep the other promises made in this Contract. This is true even if: A. Someone else has also signed it. B. We release or do not try to collect from another who is also responsible to pay this Contract. C. We release any security or do not try to take back any Property. D. We give up any other rights we may have. E. We extend new credit or renew this Contract. WARRANTIES: We will provide any warranty information to you separately. WAIVER: To the extent permitted by law, you agree to give up your rights to require us to do certain things. You do not give up any rights that are provided in this Contract (for example, see the NOTICE OF DEFAULT section). Unless the law or this Contract provide otherwise, we are not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or, (3) give notice that we intend to make, or are making, this Contract immediately due. NOTICE OF PROPOSED INSURANCE: If so indicated on page 1 of this Contract, credit life insurance coverage and/or credit accident and health insurance coverage will apply to this Contract. The insurance company named on page 1 of this Contract will write the insurance. The insurance covers only the person(s) signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on page 1 of this Contract. The term of insurance will begin as of the date of this Contract and will end on the original due date of this Contract. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this Contract is prepaid before it is due, a refund of insurance charges will be made when due. ASSIGNMENT: This Contract is assigned to Assignee (identify): Tammac Holdings Corporation 100 Commerce Blvd. Wilkes-Barre, PA 18702 This assignment is made under the terms of a separate agreement made between the Seller and Assignee. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER Do 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. Buye?rfs?):? ?J Signature Date XL. ?:/?BG x Signature Date Signature Date X X Signature Date ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRAQT: X SIGNA ame aKd/raler Qualit Disbursement Date: (This date is for Title 1 HUD insurance purposes and may be completed after the Contract is signed to reflect the actual disbursement date, and not any estimated disbursement date. It may appear only on the original form.) 0 1996 Bankers Systems, Inc., St. Cloud, MN Form RSSIMHLAZ-PA 9/22/98 (page 4 of 41 ASSIGNMENT OF RETAIL INSTALLMENT CONTRACT No. Date 03/04/2006 -Iler Quality Homes, Inc. ,ssignee Tammac Holdings 3076 Carlisle Road Corporation Dover PA 17315 100 Commerce Blvd. Wilkes-Barre, PA 18702 Phone: 717-767-6735 Phone: 888-226-8929 ASSIGNMENT BY SELLER Seller sells and assigns the Retail Installment Contract and Security Agreement No. , dated 03/04/2006 (Contract) between Seller and William Bartholow Ruth Bartholow (Buyer) to the Assignee, its successors and assigns, including all its rights, title and interest in the Contract, and any guarantee executed in connection with the Contract. Seller gives Assignee full power, either in its own name or in Seller's name, to take all legal or other actions which Seller could have taken under the Contract. Seller warrants: A. The Contract represents a sale by Seller to Buyer on a time price basis and not on a cash basis. B. The statements contained in the Contract are true and correct. C. The down payment was made by the Buyer in the manner stated in the Contract and, except for the application of any manufacturer's rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. D. The sale was completed in accordance with all applicable federal and state laws and regulations. E. The Contract is valid and enforceable in accordance with its terms. F. The names and signatures on the Contract are not forged, fictitious or assumed, and are true and correct. G. The Contract is vested in the Seller free of all liens, is not subject to any claims or defenses of the Buyer, and may be sold or assigned by the Seller. H. A completely filled-in copy of the Contract was delivered to the Buyer at the time of execution. 1. The Goods, Services, Vehicle or Manufactured Home, as defined in the Contract (Property) has been delivered to the Buyer in good condition and has been accepted by Buyer. J. Seller has or will perfect a security interest in the Property in favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand, purchase the Contract from Assignee. The purchase shall be in cash in the amount of the unpaid balance (including finance charges) plus the costs and expenses of Assignee, including attorneys' fees. Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seller. Seller waives notice of the acceptance of this Assignment, notice of non-payment or non-performance and notice of any other remedies available to Assignee. Assignee may, without notice to Seller, and without affecting the liability of Seller under this Assignment, compound or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under the Contract. ? THIS ASSIGNMENT IS WITH RECOURSE: This Assignment is made "with recourse" and Assignee takes this Assignment with certain rights of recourse against Seller. Seller agrees that if the Buyer defaults on any obligation of payment or performance under the Contract, Seller will, upon demand, repurchase the Contract for the amount of the unpaid balance, including finance charges, due at that time. ® THIS ASSIGNMENT IS WITHOUT RECOURSE. Date Seller Title ® 1997 Bankers Systems, Inc., St. Cloud, MN (1-800-397-2341) Form RS-ASSIGNLAZ 814197 (page 1 of 1) r t r n- r r v r .? A./ D n X) J1 I(m?pG?RT"1'°F'ICATE OF TITLE FORA VEHICLE t, I? r 1 :??'°.i!9?:ntfi31A7 w.:1r?Lt9!_ EHI.ZG.f7lF1CA ?.., •. . Irl?hE ?I 1EH1"'L? . Tjt;'?7 NUMBER ' [1H oal D s & P ?1'a litu T .. .. ?6 oD X E M P T 4.. j i TIE STATC 1,c ODCNA STArM r 7 yVyR G :. 1 TITLE BRANDS DATE PA TITLED 1)4Tt OF ISSUE 1 61 [ZEN WEIGHT G ? •?" ,. ., . itr I . 't, :,t I fist WhKics with 11, and F "w P+ I 11 t "r YehlCles with 1t, M. ?:; FA$ED _.•_... ,..a'?j .:;: gppn?p?ia;e l l vm all fc? Fl'$_iqIEN REL 0Y SECOND LIEN RELEASED Aunl4ommla REPRESeNTATIvE DATE M.MUNG ADDRESS - BV 0680111 AUTHORIZED REPRESENTATIVE TA11I7AC HOLDINGS CORPORATION 100 COMMERCE BLVD WILKES BARRE PA 18702 I r +t T=r t'A7LS NOTH,Fa ACTU?L MILEAGE I I. I AG A.- MILEAGE-0130 y NOTvTM S TArat bm veRIFIED ,t .. t _ FJ(I?APT FROM ODOMETER DISC n ET 0IStLOSURE ERAL LAW 0DOM t1 Tt7r enaNOs p1 IF?i 9 ytl I "I ?? rw py ' i_tmsle %'L t? L IL4'1AI 1vLtor H h r ?+tr? rhv er/FGtp3C+Ur ,i' ,. - ?J'Jt ia.E F I v FL ?, ? ?T' , JyLYMf L )N "ON ? S ry ?--? ;t l TC YI 71 VIEW ESTwti-? T'r;,VEHICLE =NIA NEWVILL€,. PA 17241 r r >.7 r ?4 HI".• r t' Fl . Ll I ° '_`Fl OF SECOND LIEN FAVOR OF. --- ------ TAMMAC HOLDINGS APPORATION ' t Certify as of the date of Issue, the official records of the Pennsylvania Department ALLEN D BI E HL E R of Transportation refled that the person(s) or company named herein Is the lawful owner • • of 0% Bald vehicle. Secretary. of Traueportation . AND THE TO BE COMPLETED BY PURCHASER WHEN VEHICLE IS I APPLICATION FOR TITLE AND LIEN INFORMATI ON- APPROP IATE SECTIONS ON THE REVERSE SIDE OF 1HIS DOCUMENT ARE 1- COMPLErTIrD. SCrap AND SwoRN If a co-purchaser other than your spDuse is listed and you want the title to FC ?e ME: be listed as 'Joint Tenant With Flight of Sun'ivorship" (On death of one cn,. YEAP owner; title goes to surwwnN ntunt•- ) CHECK HERE ? Otherwi", the title -- w11l be issued as -Tenant C' ,n" (On death of one owner, interest of deceased owner goes to i ?.a ? or estate) - PE r:r Pit' nT'i?+611 ,],:lr _ n 18T O.EN lA]E -111, ,F N; LIEN CHOCK ?i IST LIENHOLDE: - rnKrT .. CITY IF tHIS IS AN ELT, CHEC NOTE; FIN REQUIRED' . 2ND LIEN DATE. 1.kis d..c O 7fM uil M tfM?ry I`vt? o.lvrglto Ooff%a,e d TqW b 2 above. iiolan ro tiY eflCin.i.a?.m .I .>nar »sd did- w 6AA ne... 2ND LIENHOLDER 81eNAT FlE Of.NF'tIGANI O AUTHORIZED SIGNER STREET t ???? 1 P? III= H?hP ? I It NC.1 CJ N ?T_.7uTIOri No -_-_._-- -? II N.-! LIFfI. Ji_- D CITY STATE IF THIS IS AN ELT, CHECK HERE ? FINANCIAL OF AUR40RIZED SIGNER NOTE: FIN REQUIRED INSTITUTIC PLAINTIFF'S ZIR _ EXHIBIT t F J N h? . ul -'...j 7 _ .. ro ?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 HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. REPLEVIN WILLIAM BARTHOLOW and RUTH BARTHOLOW, _ Defendants No.: 09- d3 PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, 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 defendants, William Bartholow and Ruth Bartholow, as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendants. (A true and correct copy of plaintiff's complaint in replevin is attached hereto pursuant to Pa.R.C.P. No.] 075.1(b), incorporated herein by reference pursuant to Pa.R.C.P. No.1019(g) and marked as Exhibit 1.") 812568.1 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: April -7 2008 812568.1 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 812569.1 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 HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. REPLEVIN WILLIAM BARTHOLOW and RUTH BARTHOLOW, Defendants : No.: 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. 812563.1 PLAINTIFF'S W EXHIBIT J H H y J J Q YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, 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) BY: 812563.1 HOURIGAN, KLUGER & QUINN, P.C. James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 2 April _, 2008 William Bartholow Ruth Bartholow 91 Country View Estates Newville, PA 17241 RE: Account No.: 06-1680 Property Address: 91 Country View Estates, Newville PA 17241 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. 812564.1 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 HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. REPLEVIN WILLIAM BARTHOLOW and RUTH BARTHOLOW, Defendants : No.: COMPLAINT The plaintiff, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, William Bartholow and Ruth Bartholow ("Mr. and Ms. Bartholow"), as follows: 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. and Ms. Bartholow are adult individuals having a last known address of 91 County View Estates, Newville, PA 17241. 3. On or about March 4, 2006, Mr. and Ms. Bartholow entered into a manufactured home installment sale contract (the "Contract") with Quality Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to an 812565.1 assignment (the "Assignment"), which Contract was for the purchase/sale of a 2006 Redman mobile home bearing VIN 12245185AB (the "Collateral"). (A true and correct copy of the Contract and the Assignment is attached hereto jointly 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 assigned, except as stated above. Tammac is the successor in interest to Tammac Corporation. 6. Mr. and Ms. Bartholow defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. Mr. and Ms. Bartholow are due for their October 4, 2007 payment. 8. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. and Ms. Bartholow under the Contract. 9. Tammac believes and therefore avers that Mr. and Ms. Bartholow have possession of the Collateral. 10. Mr. and Ms. Bartholow have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 812565.1 2 11. The balance of the Contract as of April 3, 2008, was $68,120.17, consisting of principal in the amount of $63,049.64, accrued interest in the amount of $4,025.34, miscellaneous charges in the amount of $857.54, and late charges in the amount of $187.65, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. and Ms. Bartholow in the amount of $68,120.17, plus interest from April 3, 2008, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. BY: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: April 9, 2008 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 812565.1 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager for Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Samuel Marsola 812566.1 nriAtllN51ALLMENTCONTRACT 3076 Carlisle Road PENNSYLVANIA Dover PA 17315 No. Date 03/04/2006 "We" and "us" mean the Seller above, its successors and assigns. i im i croru m,-- nier-i nc 'Y" William Bartholow Ruth Bartholow "You" and "your" mean each Buyer above, and guarantor, separately and together. ANNUAL PERCENTAGE FINANCE CHARGE AMOUNT FINANCED The amount of credit TOTAL OF PAYMENTS The amount you will have TOTAL SALE PRICE The total cost of your RATE The cost of your credit The dollar amount the credit will cost you. provided to you or on your behalf, paid when you have made all scheduled payments. purchase on credit, including your down payment as a yearly rate. of$ 7100.00 11.13 % $124507.00 $63200.00 $ 187707.00 t 194607.00 I Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 300 625.69 Beginning 4/4/2006 and on the 4th of each successive month thereafter. Security: You are giving a security interest in the goods or property being purchased. ? You are giving a security interest in the real property at ® Late Charge: If a payment is more than 15 days late, you will be charged 2$ of nt am t a m oun ]2 y e Prepayment: If you pay off this Contract early, you will not have to pay a penalty. ? If you pay off this Contract early, you will not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home ? may subject to conditions be allowed to ® cannot assume this Contract on its original terms. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default any , required repayment before the scheduled date, and prepayment refunds and penalties. "e" means an estimate BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought in this sale. SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the Manufactured Home (as defined above) and, unless prohibited by law, all present and future accessions to the Manufactured Home (except that accessions will not include "household goods" as defined in the FTC Credit 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 may lose your house, and the real estate described in any mortgage or deed of trust (if any). ? This Contract is also secured by a separate mortgage or deed of trust dated shown in the TRUTH IN LENDING DISCLOSURES. The term "Property" means all property securing this Contract. , on real estate, as CREDIT INSURANCE: Credit life, credit disability (accident and PROPERTY INSURANCE: You are required to insure the health or accident and sickness), and any other insurance Property securing this Contract with the following minimum coverage quoted below, are not required to obtain credit and we property insurance coverage: will not provide them 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 ? Single ? Joint Prem. $ n/a Term Credit Disability: Insured ? Single ? Joint Prem. $ n/a Term Name of Insurance Company: Your signature below means you want (only) the insurance ;overage(s) quoted above. If none are quoted, you have declined my coverages we offered. 4?1/16/1935 luyer 2 1. d/o/b Buyer d/o/b 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 $ 0 . 00 for of coverage. Liability insurance coverage for bodily injury and/or property damage caused to others is NOT included in this Contract unless checked and indicated below. ? The following liability insurance is included in this coverage: vyer d/olb Buyer d/olb ENNSYLVANIA MANUFACTURED HOME R o PLAINTIFF'S 1996 Bankers Systems, Inc., St. Cloud, MN Form ti EXHIBIT !page 1 of 41 rlikeC $ 70300.00 (including sales tax of $ ) Buyer Protection/Service Plan Paid to: * $ 1. Cash Price S 70300.00 Manufacturer's Rebate $ 3500.00 Cash Down Payment $ 3600.00 2. Subtotal $ 7100.00 Trade-In Allowance $ Less: Amount Owing $ To: 3. Net Trade-In $ 0.00 4. Total Down Payment (line 2 plus line 3) $ 7100.00 5. Unpaid Balance of Cash Price (line 1 minus line 4) $ 63200.00 Fees Paid to Others: Paid to Public Officials - Filing Fees Only $ Paid to Public Officials - Other than Filing Fees $ Insurance Premiums* $ 501.00 (To: - I (To: ) (To: ) Additional Finance Charge(s) Paid To Seller To: Buvdown $ To: Additional Finance Fees $ 137.50 To: $ 6. Subtotal (line 5 plus all Fees Paid to Others) $ 63838.50 7. Prepaid Finance Charges $ 638.50 Amount Financed (line 6 minus line 7) $ 63200.00 *We may retain or receive a portion of this amount. SALE: You agree to 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. "Contract" means this document and any separate document that secures this Contract. Manufacturer Model Name & Number Year Redman 2006 Serial Number Length Width C ® New 12245185A8 50' 28' ? Used Services, furnishings ? Tires and Wheels , appliances, and accessories include: ? Axles ? Refrigerator ? Oven/Range ? Washer ? Dryer ? A/C Unit(s) ? Skirting ? Awni ng(s) ? Accessory Shed ? Services ? Other Location of Manufactured Home after delivery to Buyer: 91 Countryview Ests Newville PA 17241 Description of Trade-In: 0 1996 Bankers Systems, Inc., St. Cloud, MN Form RSSIMHLAZ.PA 9/22/98 _ _ . t v 1-L; rtHiv; vvith your purchase of the Manufact-d Home, you have elected to purchase the following optional buyer protection or service plan ("Plan"); The Plan covers and will be in effect-03J04/2006 . See the Plan documents for details. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ 63838.50 plus interest on the unpaid balance at the rate(s) of 11 per year until the final scheduled payment date. Interest will begin to accrue on 03/04/2006 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 11.00 % 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 collected on the final scheduled payment, but interest will continue to accrue at the applicable contract rate. ? ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of $ that will be ? paid in cash. ? financed (see ITEMIZATION OF AMOUNT FINANCED). ? paid proportionally with each payment. DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before today's date, any,cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. ? ESCROW: You ? may, but are not required to ? must pay certain expenses and fees from an escrow account. If an escrow account is established, it will be governed by a separate agreement. GENERAL TERMS: You agree to purchase the Manufactured Home over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount you will pay may be more or less depending on your payment record. The law of Pennsylvania will govern this transaction. It is also governed by applicable federal law and regulations, including the preemption of state usury laws. The federal Alternative Mortgage Transactions Parity Act may also apply. We do not intend to charge or collect any interest or fee that is more than the applicable law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the principal balance, and we will refund any excess if you have paid this Contract in full. You understand and agree that some payments to third parties as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. If any provision of this Contract is not enforceable, this Contract will remain enforceable without such provision. If we agree with you to any exceptions to the promises or assurances in this printed Contract, such agreement must be in writing and signed by us. PREPAYMENT: YOU MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. Any partial prepayment will not excuse any later scheduled payments until you pay in full. You may obtain from us, or the insurance company named in your policy (or certificate of insurance), a refund of any unearned `? insurance premiums. ( Viu GAO (Page 2 o/ 41 ADDITIONAL SECURITY: You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest, real estate mortgage, or deed of trust in the Property, you agree to the following: A. You will defend our interests in the Property against claims made by anyone else. You will do whatever is necessary to keep our claim to the Property valid. B. The security interest you are giving us in the Property comes ahead of the claim of any other creditor. You agree to sign any additional documents or provide us with any additional information we may require to keep the priority of our claim to the Property. You will not do anything to change our interest in the Property. C. You will keep the Property in your possession in good condition and repair. You will use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, the Manufactured Home will be located at the "Location of Manufactured Home after delivery to Buyer" provided in this Contract. D. You will not try to sell or transfer any rights in the Property without our prior written consent. E. The Manufactured Home will remain personal property until this Contract is paid in full. Unless we give you prior written consent, you will not allow the Manufactured Home to become a part of real estate or to otherwise lose its treatment as personal property under applicable law. F. You will pay all taxes, fees, expenses, and assessments on the Property when due. G. You will notify us of any loss or damage to the Property. You will provide us reasonable access to the Property for the purpose of inspection. DEFAULT: You will be in default on this Contract if any one of the following occurs (except as prohibited by law): A. You fail to make a payment when it is due. B. You fail to perform any obligation that you have undertaken in this Contract (which includes doing something you have agreed not to do). If you default, you agree to pay our reasonable attorneys' fees, beginning with the commencement of legal action, and up to $50 incurred after the NOTICE OF DEFAULT and before commencement of a legal action Jas provided in Pa. Stat. Ann. tit. 69 § 623) and fees for repossession, repair, storage, and sale of the Property securing this Contract. If an event of default occurs as to any one of you, we may exercise our remedies against any or all of you. NOTICE OF DEFAULT: If you are in default, we will send you a Notice of Default and Notice of Right to Cure Default ("Notice") when required by law. The Notice will explain why you are in default and how you can cure it. We will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you the Notice 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. 0 1990 Bankers Systems, Inc., St. Cloud, MN Form RSSIMHLAZ-PA 9122/98 After repossession you may have additional (but limited) rights under Pa. Stat. Ann. tit. 69 § 623 to reinstate this Contract any time up to the date of transfer of title to the Manufactured Home, by paying the installments in default without acceleration, plus any other obligation which you have not fulfilled, without acceleration, plus our costs and fees allowed by the law cited. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law, this Contract, and any separate personal property security agreement, real estate mortgage, or deed of trust. Before using a remedy, we will send you any notice and wait for any cure period that the law may require for that remedy. Our remedies include the following: A. We may require you to immediately pay us, subject to any refund required by law, the entire principal balance, plus earned interest and all other agreed charges. B. We may, but are not required to, pay taxes, fees, expenses, assessments, or other liens or make repairs to the Property if you have not done so. Any amount we pay will be added to the amount you owe us and will be due immediately. This amount will earn interest from the date paid at the rate(s) described in the PROMISE TO PAY AND PAYMENT TERMS section. We may require that you establish and fund an escrow account if one is not already required. C. We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. D. We may immediately take possession of the Property by legal process or self-help, if we do so lawfully. We may then sell the Property and apply what we receive to our reasonable expenses and then toward your obligations, as allowed by law. E. Except when prohibited by law, we may sue you for additional amounts if the sale proceeds do not pay all you owe us. Paragraphs C. and D. (above) apply only to personal property security interests. If this Contract is secured by a mortgage or deed of trust, then the foreclosure of such interest may impose other duties and limitations on our rights and remedies, as provided by law and the mortgage or deed of trust. By choosing any one or more of these remedies, we do not waive our right to later use another remedy. If we do not act on an event of default, we do not give up our right to later treat that type of event as a default. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer (or such other period of time as is required by law). When real estate is the security, other rules may apply. You agree that, subject to your right to recover such property, we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. If the U.S. Department of Housing and Urban Development insures this Contract under its Title 1 Property Improvement and Manufactured Home Regulations, our right to make you pay off this entire Contract is subject to the limitations of those regulations. w ,3 111L (page 3 of 4) INSURANCE: You agree to buy insurance on the Property with the types and amounts of coverage indicated in the PROPERTY INSURANCE section, or as we otherwise require. You must name us as loss payee on any such policy. In the event of loss or damage to the Property, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. If insurance proceeds paid to us do not pay off this Contract, you are responsible for the balance. You will keep the insurance in effect until this Contract is paid in full. If the premium for property insurance is included in the Amount Financed and the insurance is canceled or terminated before this Contract is paid in full, then you agree to give us any premium refund or rebate that you receive. We will credit the refund or rebate to the amount you owe us. We may, at our option, allow you to use the refund or rebate to help pay for replacement insurance that you purchase. If you do not keep these promises, we may buy insurance to protect our interest in the Property. The insurance we buy may include coverages beyond those we require you to buy and may be from a company you might not choose. The rate we pay may be higher than a rate you might have to pay if you buy it yourself. We will add the premium for this insurance to the amount you owe us. Any amount we pay will be due immediately. This amount will earn interest from the date paid at the applicable contract rate(s). OBLIGATIONS INDEPENDENT: Each of you who signs this Contract is independently responsible to pay it and to keep the other promises made in this Contract. This is true even if: A. Someone else has also signed it. B. We release or do not try to collect from another who is also responsible to pay this Contract. C. We release any security or do not try to take back any Property. D. We give up any other rights we may have. E. We extend new credit or renew this Contract. WARRANTIES: We will provide any warranty information to you separately. WAIVER: To the extent permitted by law, you agree to give up your rights to require us to do certain things. You do not give up any rights that are provided in this Contract (for example, see the NOTICE OF DEFAULT section). Unless the law or this Contract provide otherwise, we are not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or, (3) give notice that we intend to make, or are making, this Contract immediately due. NOTICE OF PROPOSED INSURANCE: If so indicated on page 1 of this Contract, credit life insurance coverage and/or credit accident and health insurance coverage will apply to this Contract. The insurance company named on page 1 of this Contract will write the insurance. The insurance covers only the person(s) signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on page 1 of this Contract. The term of insurance will begin as of the date of this Contract and will end on the original due date of this Contract. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this Contract is prepaid before it is due, a refund of insurance charges will be made when due. ASSIGNMENT: This Contract is assigned to Assignee (identify): _Tammac Holdings Corporation 100 Commerce Blvd. Wilkes-Barre PA 18702 This assignment is made under the terms of a separate agreement made between the Seller and Assignee. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER Do 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. Buyer(s): X Signature Date Signature Date X Signature Date X Signature Date ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT: X SELL j5 SIGNATUR ame Disbursement Date: date is for Title 1 HUD insurance purposes completed after the Contract is signed to actual disbursement date, and not any disbursement date. It may appear only on form.) (This and may be reflect the estimated the original 01996 Bankers Systems, Inc., St. Ckwd, MN Form RSSIMHLAZ.PA 9/22/98 (page 4 of 4) ASSIGNMENT OF RETAIL INSTALLMENT CONTRACT No. Date 03/04/2006 .Iler Quality Homes, Inc 3076 Carlisle Road Dover PA 17315 Phone: 717-767-6735 Assignee Tammac Holdings Corporation 100 Commerce Blvd. Wilkes-Barre, PA 18702 Phone: 888-226-8929 ASSIGNMENT BY SELLER Seller sells and assigns the Retail Installment Contract and Security Agreement No. , dated 03/04/2006 (Contract) between Seller and William Bartholow Ruth Bartholow (Buyer) to the Assignee, its successors and assigns, including all its rights, title and interest in the Contract, and any guarantee executed in connection with the Contract. Seller gives Assignee full power, either in its own name or in Seller's name, to take all legal or other actions which Seller could have taken under the Contract. Seller warrants: A. The Contract represents a sale by Seller to Buyer on a time price basis and not on a cash basis. B. The statements contained in the Contract are true and correct. C. The down payment was made by the Buyer in the manner stated in the Contract and, except for the application of any manufacturer's rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. D. The sale was completed in accordance with all applicable federal and state laws and regulations. E. The Contract is valid and enforceable in accordance with its terms. F. The names and signatures on the Contract are not forged, fictitious or assumed, and are true and correct. G. The Contract is vested in the Seller free of all liens, is not subject to any claims or defenses of the Buyer, and may be sold or assigned by the Seller. H. A completely filled-in copy of the Contract was delivered to the Buyer at the time of execution. 1. The Goods, Services, Vehicle or Manufactured Home, as defined in the Contract (Property) has been delivered to the Buyer in good condition and has been accepted by Buyer. J. Seller has or will perfect a security interest in the Property in favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand, purchase the Contract from Assignee. The purchase shall be in cash in the amount of the unpaid balance (including finance charges) plus the costs and expenses of Assignee, including attorneys' fees. Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seller. Seller waives notice of the acceptance of this Assignment, notice of non-payment or non-performance and notice of any other remedies available to Assignee. Assignee may, without notice to Seller, and without affecting the liability of Seller under this Assignment, compound or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under the Contract. ? THIS ASSIGNMENT IS WITH RECOURSE: This Assignment is made "with recourse" and Assignee takes this Assignment with certain rights of recourse against Seller. Seller agrees that if the Buyer defaults on any obligation of payment or performance under the Contract, Seller will, upon demand, repurchase the Contract for the amount of the unpaid balance, including finance charges, due at that time. ® THIS ASSIGNMENT IS WITHOUT RECOURSE. Date: Seller Title 0 1997 Bankers Systems, Inc.. St. Cloud, MN (1-800-397-23411 Form RS-ASSIGNLAZ 8/4/97 /page 1 of 1) III-!'!iF1CATE OF TITLE: FOR A V.,EHICIaE , ;.. y ,t??pyy y ?•?r? 4e N b M# 1 s ° ""of t TITI?iul H o"i?ikl'NU1ieRI?w p r 377 EXETj Y 1 7lrPE bUt F,`BT`"?P 'gyp ?. P oi1rJM AIIIF' .'LNd SrA a?. „ ie...". DATEPATITLE:D bA?EOFISSUE- I-i!Jt .VFN l4CIGtiT - _'GYWR GGYJR TITLE BRANDS .. ..... _ I Ydqt ? n?R $1•.?IfVS V I V 'A o 41?? b? ? Al El• S ?F'? IMEC?IGAL I J N ? ,y]t I I I? ? i 110 tit Vol , 0. ; . ;^,?,PT,5-CLOSUR ERAL LAW r o(rnAteTEaosc r ?aJ:.l? ' 1 , ,f r 5 ? 4Abhar?4 r 4y _ _ D F or, ? cc r^. OF f 4. `r i» 7LD'x ?z r l H = DLE fill •E 5 T E I ? ? L = L PbJG VEHICLE kAM ' L {ry ^t ' 1 _ P = ISIWAS A POLICE VEHICLE P ( T _ Y A iSFRUCTE[l M1' ? # RtSA ? Y - - w '1tEir? F A1r1,i ?I?YIN ? r CONR dF 7 AC HOLDINGS Ol. RRtON a 4 °'y It =rv?rx7 he ?I*AU r ?, d?sled ?VV17? Ir the A dY I?ip ?q??.__ 4 Au Iw.thr na 4 erat?.,r* Title to 1`4 kptl ? wAh? EI ?RFi t?Prolxiak nub m e?q vp . r If'iM,SdP BY - SECOND LIEN RELEASED .? • AtITjfORIZED REPRESE,NTATIYE _ DATE /+?AILING ADbRE§S - BY Qg( 8011it 7 AUTI10R17EO r(EPRCSENTATIVE TAMUC ,HOLDINGS CORPORkTION ?I 100 COMMERCE BLVD WI.LLKES BARRE PA 18702 i i i , I . certify se of the date of . issue, the official records of the Pennsylvania Department ALLEN D B t E H L.E:R - of Transportation reflect that the person(s) or. company named herein Is the lawful owner - e • of the mid vehicle. - SlcreCEr9 of T ? r'f?flOa TO BE COM PLETED BY PURCHASER WHEN VEHICLE IS SOLD AND THE APPLICATION FOR TITLE AND LIEN INFORMATI ON- APPROPRIAT rECTIONS ON THE RIVEqSE SIDE OF THIS DOCIIIIIENT ARE 31- COMPLETME SUBSCRIBED AND SWORN If a Ib-pufchaser other than your spouse is listed and'you want the title lo b*lkl d.a J It Tenants tth Ri ht of S L?orshv (On deatq p one F E ?!o a M? ;; rcAF _ -f 0 tid "surv TTI ss eriams` om ( « ,on?«:'" eye or, e ""IA!, s s. dt>Y' a br goes to hIC T hP .. t -1ST LIEN DATE' - ":? hr7v7 L? 33,? 15T LIENHOLDER yT, r Ttl< ITT ?` S s '---? a ?:: tr..' IF T S HER Y JN 3 1 PIO ,+.. N F1. 1NST7 jCN'J.1i0. -NO LIEN DATE IF NO LIEN, CHE -af r t ' '1t?R, `^y11?`? raM1:'rr.th ?,It+sr ? C«5?ceaa a Ir• to a,e ?nu..aewJOwr '4i ,? ' • rt3W? b ?ivi.,* wI Doer 4w1 diwn..et wn rr•s ??; 2NDIiH. "? }?{ t5 T,n ,. ?' t,l? .'Yl r ?a u:YIIfK _11) SttiNEtl ., N CITY - STATE ZIP ' IF THIS S =1=0 ECK HERE FINANCIAL a1GNAT E OF CO-APPt1CANTMME OF AIJrNORREO SmNER NOTE: FIN INSTITUTION NO. PLAINTIFF'S EXHIBIT 1 _;.1 - ?;? l fl v %; ? .. -i ? '' ?13 G. ? `? TAMMAC HOLDINGS CORPORATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILIAM BARTHOLOW and RUTH BARTHOLOW, Defendants NO. 08-2330 CIVIL ORDER OF COURT AND NOW, this 17th day of April, 2008, upon consideration of the Plaintiff's Motion for Writ of Seizure, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendants to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendants will file an answer on or before May 8, 2008; 3. The Prothonotary shall forward said Answer to this Court; 5. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, this Court will decide if a hearing, argument or further order of court is needed. James T. Shoemaker, Esquire Attorney for Plaintiff ,,Ailliam Bartholow Ruth Bartholow Defendants bas / cop i ES o-n `2, t LE-L .q/le Joe By the Court, '?NX -? ?aA M. L. Ebert, Jr., J. ol N, v La SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02330 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMAC HOLDINGS CORPORATION VS BARTHOLOW WILLIAM ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BARTHOLOW WILLIAM unable to locate Him in his bailiwick COMPLAINT - REPLEVIN but was He therefore returns the NOT FOUND , as to the within named DEFENDANT BARTHOLOW WILLIAM 91 COUNTRY VIEW ESTATES NEWVILLE, PA 17241 DEFENDANT MOVED TO MARYLAND Sheriff's Costs: Docketing 18.00 Service 24.00 Not Found 5.00 Surcharge 10.00 .00 57.00 So answers: R. Thomas Kline Sheriff of Cumberland County HOURIGAN KLUGER QUINN 05/07/2008 51916 L3 Z7n Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02330 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMAC HOLDINGS CORPORATION VS BARTHOLOW WILLIAM ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BARTHOLOW RUTH but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN , I40T FOUND , as to the within named DEFENDANT BARTHOLOW RUTH 91 COUNTRY VIEW ESTATES NEWVILLE, PA 17241 DEFENDANT MOVED TO MARYLAND Sheriff's Costs: So answers- Docketing 6.00 .-T Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 HOURIGAN KLUGER QUINN 05/07/2008 Ir /Q?oB Sworn and Subscribed to before ?j?? me this day of ` A. D.