HomeMy WebLinkAbout11-5778
Samuel A. Falcone, Jr., Esquire rn ? r
Attorney for Plaintiff, Tammac Holding Corporation _0 r-
Identification No. 89226 n q
S
Law Offices: T "'7
Caverly, Shea, Phillips & Rodgers ..?
15 Public Square, Suite 210 _
t'' ?
Wilkes-Barre, PA 18701
Phone: (570) 823-0101 "
Fax: (570) 825-7799
TAMMAC HOLDINGS CORPORATION
Plaintiff
V.
JUDITH MONCRIEF
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
REPLEVIN ACTION
NO. l -77 C ti. I ?C?h
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 judgement may be entered against you and a judgment may be entered against
you by the court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
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.
MidPENN LEGAL SERVICES
230 Lincoln Way East, Suite A
Chambersburg, PA 17201
(800)372-4737
Re Sectfully su d,
SAMUEL A. FALCONE J .., ESQUIRE
/j 7 >
aid- o81
Samuel A. Falcone Jr., Esquire
Attorney for Plaintiff, Tammac Holdings Corporation
Identification No. 89226
Law Offices:
Caverly, Shea, Phillips & Rodgers
15 Public Square, Suite 210
Wilkes-Barre, PA 18701
Phone: (570) 823-0101
Fax: (570) 825-7799
TAMMAC HOLDINGS CORPORATION
Plaintiff
V.
JUDITH MONCRIEF
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
REPLEVIN ACTION
NO.
COMPLAINT
AND NOW, comes the Plaintiff, Tammac Holdings Corporation by and through its counsel,
Samuel A. Falcone, Jr., Esquire, and files this, its Complaint against Defendant, Judith Moncrief, and in
support thereof, avers as follows:
1. That, the Plaintiff, Tammac Holdings Corporation, is a Delaware Corporation authorized
to do business in the Commonwealth of Pennsylvania with its principal place of business located at 100
Commerce Boulevard, Suite 200, Wilkes-Barre, Luzerne County, Pennsylvania 18702.
2. That, the Defendant, Judith Moncrief, is an adult individual with an address of 27 Hazel
Circle, Trindle MHP, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. That, on or about April 5, 2007, the Defendant, Judith Moncrief entered into a
Manufactured Home Retail Installment Contract ("Contract") with Quality Homes, Inc. for a 2007 Astro
56' by 28' Mobile Home bearing serial number DF2099AB ("Mobile Homc"). A true and correct copy of
the Contract is attached hereto, incorporated herein and labeled Exhibit "A".
4. That, Quality Homes, Inc. assigned its interest in the Contract to the Plaintiff, Tammac
Holdings Corporation, on April 5, 2007 pursuant to that Assignment of Retail Installment Contract
("Assignment"). A true and correct copy of the Assignment is attached hereto, incorporated herein and
labeled Exhibit "B".
5. That, pursuant to the terms of the Contract, the Plaintiff, Tammac Holdings Corporation
has a security interest in the Mobile Home as it is and identified lien holder on the Certificate of Title for
the Mobile Home. A true and correct copy of the Certificate of Title is attached hereto, incorporated
herein and labeled as Exhibit "C".
6. That, the Defendant, Judith Moncrief has defaulted under the Contract in that she has
failed and/or refused to payments and pay late charges pursuant to the Contract since May of 2010 and
each and every month thereafter totaling Six Thousand Nine Hundred Ninety-One and 46/100 Dollars
($6,991.46) in late payments plus Three Hundred Thirty-Nine and 32/100 Dollars ($339.32) in late
charges.
7. That, the Defendant, Judith Moncrief is also in default under the Contract as a result of
the Defendant failing to insure the Mobile Home and the Plaintiff purchasing force placed insurance for
the Mobile Home at a cost of Four Hundred and Two Dollars ($402.00).
8. The Defendant, Judith Moncriff, is currently in total arrears and owes the Plaintiff,
Tammac Holdings Corporation Seven Thousand Seven Hundred Thirty-Two and 78/100 ($7,732.78).
9. That, the Plaintiff, Tammac Holdings Corporation in accordance with the Contract
notified the Defendant, Judith Moncrief of her default under the Contract per that certain letter dated
November 10, 2010, which the Defendant acknowledged receipt of on November 17, 2010. A true and
correct copy of the November 10, 2010 letter and receipt thereof is attached hereto, incorporated herein
and labeled Exhibit "D".
10. It is believed that the Mobile Home is occupied by and is in the possession of the
Defendant, Judith Monrief and is located at the Trindle MHP, 27 Hazel Circle, Mechanicsburg,
Cumberland County, Pennsylvania.
ll. Despite numerous repeated demands, the Defendant, Judith Moncrief has failed and
refused to make any further payments on the balance of her obligations to the Plaintiff or to permit
Plaintiff to take possession of the Mobile Home.
12. The Contract permits the Plaintiff, Tammac Holdings Corporation to take possession of
the Mobile Home in the event of default by the Defendant.
13. The Plaintiff, Tammac Holdings Corporation is permitted to remove the Mobile Home
from the Trindle MHP per the Park Approval document. A true and correct copy of the Park Approval
document is attached hereto, incorporated herein and labeled Exhibit "E".
WHEREFORE, the Plaintiff, Tammac Holdings Corporation, demands judgment for possession
of the Mobile described above together with reasonable attorney's fees, interest and costs as a result of
the continuing breach of contract by the Defendant, Judith Moncrief.
Respectfully submitted,
SAMUEL A. FALCONE JR., ESQUIRE
Attorney for the Plaintiff,
TAMMAC HOLDINGS CORPORATION
VERIFICATION
The language of the foregoing document is that of counsel and not necessarily my own;
however, I have read the foregoing document and the factual information contained therein is
true and correct to the best of my personal knowledge, as the Collection Manager of Tammac
Holdings Corporation except as to any averments specifically stated to be "on information and
belief'. To the extent that the factual averments of the foregoing document are stated to be "on
information and belief', the averments are true and correct to the best of my information and
belief as Collection Manager of Tammac Holdings Corporation. To the extent that the content of
the foregoing document is that of counsel, I have relied upon counsel in making this Verification
and said content is true and correct to the best of my information and belief.
I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A.
Section 4904, relating to unsworn falsification to authorities.
Date: 7/0 11/
Tammac Holdings Corporation
EXHIBIT "A"
MANUFACTURED SOME
RETAIL INSTALLMENT CONTRACT
PENNSYLVANIA
No.
Date 4/5/2007
The cost of your credit
as a yearly rate.
Number of
l4°f Quality Homes, Inc.
3076 Carlisle Road
Dover PA 17315
"We' and 'us" mean the Seller ab
its successors and assigns
TF
TH IN I FN
F
INANCE AMOUNT FINANCED
CHARGE The amount of credit
The dollar amount the provided to you or
credit will cost you. on your behalf.
109817.00 $40000.00
paym t schedule will be
Amount of
A` er
Judith Moncrief
ove, "You" and "your" mean each Buyer above,
lea J102J and guarantor, separately and together.
TOTAL OF PAYMENTS TOTAL SALE PRICE
The amount you will have The total cost of your
paid when you have made purchase on credit, including
all scheduled payments. your down payment
of $ 25000.00
$ 149817.00 $ 174817.00
vvnen rayments Are Due
300 499.39 Beginning 5/5/2007 and on the 5th 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 FaY.m?:; _n:.c?T=nt
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'
Manufactured Home (as defined above) and, unless and future you gives to the a security finterest acture in the
(except that accessions will not include "household odds" as defined ?in i the FTCtCr Credit P actices 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 he he term * *Property" means all p operty seecurnEg this Contract. , on real estate, as
T
CREDIT INSURANCE: Credit life, credit disability (accident and PROPERTY INSURANCE: You era required to insure
health or accident and sickness), and any other insurance Property securing this Contract with the following mini 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 You may purchase or provide the insurance through any insurance
? Single El Joint prem. $ n/a Term company that is reasonably acceptable to us. If you get the
Credit Disability: Insured insurance from or through us you will pay $ Q . 00
?" Single El Joint Prem. $0/a Term. for
Name of Insurance Company
Your signature below means you want (only) the insurance
any coverrea)ages we quoted offered. . If none are quoted, you have declined
ny coverages
rsuyer•, d/o/b yer
•? d/o/b
BuyeP d/o/b Buyer
d/o/b
PENNSYLVANIA MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT
G 1998 Bankers Systems, Inc., St. Cloud, MN Form RSSIMHLAZ-pA 9/22/98
coverage.
damage insurance others is NOT included In this Contracts unless
hecked and indicated below.
? The following liability insurance is included in this coverage:
(page 1 of 4)
ITEMIZATION OF AMOUNT VANCED ? BUYER PROTI, SON/SERVICE PLAN: With your purchase
Manufactured Home Price $ 65000.00
(including sales tax of s of the Manufactured Home, you have elected to purchase the
Buyer luding sales tax of
following optional buyer protection or service plan ("Plan");
Plan
Paid to: $
1. Cash Price $ 65000.00 The Plan covers
Manufacturer's Rebate $ 0.00 effect 4/5/2007 and will be in
Cash Down Payment $ 25000.00 . See the Plan documents for details,
2. Subtotal S 25000.00 PROMISE TO PAY AND PAYMENT TERMS: You promise to
Trade-In Allowance $
Less: Amount Owing $ pay us the principal amount of s 41485. 00
, plus
To: interest on the unpaid balance at the rat)(s) of 14
3. Net Trade-In $ 0 .00
4. Total Down Payment (line 2 plus line 3) S 25000.00
5. Unpaid Balance of Cash Price (Core 1 minus line 4) $ 40000.00
Fees Paid to Others:
Paid to Public Officials - Filing Fees Only $
Paid to Public Officials - Other than Filing Fees S
Insurance Premiums" $ 1338.00
ITo: )
(To: )
(To: )
Additional Finance Charge(s) Paid To Seller $
To: Buvdown $
To:?ddktionai Finance Fees S 147.00
To: $
6. Subtotal (line 5 plus all Fees Paid to Others) S_ 41485 00
7. Prepaid Finance Charges S__ 14 5 00
Amount Financed (line 6 minus line 7) $ 40000 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, fumishing3,
appliances and accessories listed below (together referred to as
" anufactured 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.
56' 128,
2007
O New
per year until the final scheduled payment date. Interest will begin
to accrue on X5/2007
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 14 .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 CHARLIE: You agree to pay an
additional, nonrefundable finance charge of $
that will be ? paid in cash, ? financed (sae 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 mount 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.
cervices, turnishings, 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:
27 Hazel Circle.
Mechanicsbur PA 17055
Description of Trade-In:
9 1995 Bankers Systems, Inc., St. Cloud, MN Form RSSIMHLAZ.pA 9/22198
NEFULIL FOR IN PARTY ATEANY TTIMErWITHOUT
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
y ur policy (or certificate of insurance), a refund of any unearned
s a a emi s.
!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, o
deed of trust in the Property, you agree to the following:
A. You will defend our interests in the Property again
claims made by anyone else. You will do whateve
is necessary to keep our claim to the Property valid
B. The security interest you are giving us in th
Property comes ahead of the claim of any other
creditor. You agree to sign any additions
documents or provide us with any additions
information we may require to keep the priority of
our claim to the Property. You will not do anythin
to change our interest in the Property.
C. You will keep the Property in your possession i
in
good condition and repair. You will use the Propert
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
(as provided in Pa. Stat. Ann. tit. 69 5 623) 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.
01998 Bankers Systems, Inc., St. Cloud, MN Form RSSIMHLAZ-PA 9/22/98
After repossession you may have additional {but
limited) rights under Pa. Stat. Ann. tit. 69 5 623 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.
r REMEDIES: If you are in default on this Contract, we
have all of the remedies provided by law, this Contract,
e and any separate personal property security agreement,
r real estate mortgage, or deed of trust. Before using a
I remedy, we will send you any notice and wait for any
I cure period that the law may require for that remedy. Our
f remedies include the following:
g 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
y charges.
B. We may, but are not required to, pay taxes, fees,
expenses, assessments, or other liens or make
repairs to the Property it 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 sefl 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 dead 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.
do not av a one or
later use another remedy. If we
do not act on an event of default, we do not give up our
right to late treat that type of event as a default.
You agree that N 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 for 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
ntr is subject to the limitations of those regulations.
Ove 3 of 41
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 mariner; 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 Ufa 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 t of
this Contract. The term of insurance will begin as of the
C 1998 Bankers Syeteme, inc., St. Cloud, MN Form RSSIMHLAZ.PA 9/22198
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): Tamarac Holdinus Corporation
100 Commerce Blvd Wilkes Barra Pi This assignment is made under the terms of a separate
agreement made between the Seiler and Assignee.
NOTICE: ANY HOLDER OF THIS CONSUMER
CREDIT CONTRACT IS SUBJECT TO ALL
CLAIMS AND DEFENSES WHICH THE
DEBTOR 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.
B er(sl: r
X ature to
X Signature
Date
X
Signature Date
X
Signature Date
;NOWLEDGE RECEIPT OF A
OF T1HISjC)QNTRACT: ,
X
XC-A \
Name and Title
Disbursement Date:
date is for Title 1 HUD insurance purposes and may hbe
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.)
(Pape 4 of 4)
AfA
EXHIBIT "B"
ASSIGNMENT OF
RETAIL INSTALLMENT CONTRACT
No.
Date 4/5/2007
S. ,r Quality Homes, Inc
3076 Carlisle Road
Dover PA 17315
Phone: 717-767-6735
ASSIGNMENT BY SELLER
Hbsignee Tammac Holdings
Corporation
100 Commerce Blvd.
Wilkes-Barre, PA 18702
Phone: 888-226-8929
Seller sells and assigns the Retail Installment Contract and Security Agreement No.
4/5/2007 dated
(Contract) between Seiler and Judith Moncrief
(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 mariner 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. Seger 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: 4/5/2007
Seller
Title:
0 1997 BMWs Systems, Inc., St. Cloud, MN (1.800-397-2341) Form RS-ASSIGNLAZ 8/4/97
Ipnge r of 1)
EXHIBIT "C"
oaw
EXHIBIT "D"
Novgmber 10, 2010
JUDITH MONCRIEF
27*AZEL CIRCLE
TRiNDLE MHP
MECHANICSBURG
RE:
V,
PA
Manufactured Home Installment Sales Contracted Date:
Account # 702010
Manufactured Home Type: 2007 ASTRO
SERIAL: DF02099AB
Dear JUDITH MONCRIEF
04/06120Q7
56 'x 28
r; .t?
This contract described above and the debt secured thereby are In default by reason of your failure to make the required payments when
due' As a result of this default, as provided In the contract, the principal amounts remaining to be paid on the obligation are hereby dedared to
be Immediately due and payable, and legal proceedings will be Instituted against you to recover the amounts due under this obligation and the holder
Intends to repossess and sell the manufactured home described above In payment or part payment of such obligations. This acceleration of the
amounts due and the repossession to be Instituted will take place upon the expiration. of thirty-five (36) days from the date of this letter.
Before these events occur, however, you are• hereby, adviseq,that ypu.. ILaive a> E this default In the following manner:
1. At any time before title to the manufactured home is lawfully VansfeNed bothe:holderof the contract, which shall occur not less than
forty-five (45) days after your receipt of this notice,, you, or anyone n your bet?eif,r?ey cure the default by tender of payment of the sum due
!D: as described herein in cash, certified or cashiers dhdck personally o i00!Cori Blvd Suite 200, Wilms-Barre. Pa. 18702 and/or
i personally delivering to here such other evidence of performance of any other obligations as to which a default has occurred, together with
such fees, costs and penalties as have been incurred or accrued. The foregoing right to cure maybe exercised not more than three- (3)
E % times In any calendar year.
2. The sum due, as of the date of this letter is $4,455.64 consisting of 8 principal and Interest payments, and late
charges totaling $440.52 . IF THESE PAYMENTS ARE NOT RECEIVED BEFORE THE NEXT PAYMENT IS DUE,
ANOTHER PAYMENT AND POSSIBLY LATE CHARGES WILL BE OWED. NEITHER PERSONAL CHECKS OR PARTIAL PAYMENTS
WILL BE ACCEPTED.
Your right to repossession of the manufactured home maybe terminated by peacefnf'repossesslon under applicable law,
voluntary repossession or by a court order delivering possession to the holder of the above contract.
Upon sale of the manufactured home following repossession, and transfer of title to the purchaser, all of your ownership rights
therein will be terminated.
If you cure the default as provided hereunder, in accordance with law, then you are hereby restored to the same position as if no
default had occurred.
Si ly,
n
n NOele
F , > i ,r(a . y;,• ctions Manager
Certified mail
Regular mail
F.
?? .•tl
IAL. USE
TAMMAIr 1?
HOLDINGS CORPORA C3 PO~ $
Arena Hub Business Cor
100 Commerce Blvd, Suite 200 - Wilke. c0 Fss Poet
guerre It@PW FOO
Phone: 570-830-0266 ! 1-888-226-8929 • O m
L3 (En O-Mwd90uh !
p.,. )I C3 pWkftd DWkmy FOOD
TOW pomp & F-
o -A
IC3
--------. » ...............__ .........-. -.?.......??
or PO OOK 17055
E . I f :..: k I I rYtc?:hC:J9r
!o , , :.f in ,, Ii •m:?• ?,
¦ m.?lloee NOW 1, 2, and S. Also oompets
item 4 M Restricted DWvwy is deelred.
¦ Prkrt your nine and address on the reverse
so that we can rettrn the card to you.
¦ Attach , card to the back of the maflpbM
or nn MM If space pem*s.
1. Artlde to:
a?u Cc 2 else
(f?rY?te 1'ttt(
t±DA ROSS-
P- kv-
mmvksm* 7010 167
Agent
6. Received byYA*dad Abme) Q Dd; De
D. is da9veryadd =dfrterorRfiota usnr l? Yes
H YES, eri delivery address below: E3 No
8. SWAN TAM
i Ca1Mad fug El Eipm Mai
E3 Roam- - 0Rd= Rom*t for Mw&mxbe
0 bamw Mau 0 C.O.D.
4. RmMcted D~ 43tra Fes) O Yes
0 0000 48139 0496
PS Form 381,Febnmry 2004 D m ft Rsbun Receipt
102sse02-ut-tM
EXHIBIT "E"
PARK APPROVAL
TO: TAMMAC MOLDINGS CORPORATION,
ITS SUCCESSORS AND/OR ASSIGNEES
100 COMMERCE BLVD.
WILKES-BARRE, PA 18702
888-226-8929 FAX 888-617-3800
Judith Moncrief
THIS CERTIFIES THAT HAVE BEEN ACCEPTED
TENANT
AS NEW TENANTS OF IN Trindle MHP
PARK OWNER MOBILE HOME PARK
27 Hazel Circle Mechanicsburg PA 17055
LOTA STREET ADDRESS TOWN STATE ZIP CODE
UPON ACCEPTANCE: AGREES TO ALLOW TAMMAC
PARK OWNER
CORP. OR ITS ASSIGNEES ACCESS TO THE PARK WHENEVER TAMMAC CORP. OR ITS ASSIGNEES NEED
TO CONTACT ITS DEBTOR / CUSTOMERS FOR PROTECTION OF ITS COLLATERAL, COLLECTION OR
DELINQUENT PAYMENTS OR FORECLOSURE PURPOSES.
Trindle MHP WILL PERMIT TAMMAC CORP. OR ITS ASSIGNEES TO REMOVE ITS
NAME OF PARK
SECURITY INTEREST (COLLATERAL) IF NEEDED AND/OR HAVE THE PERMISSION OF Trindle MHP
NAME OF PARK
TO CONTINUE PAYING RENT, AND HAVE THE RIGHT TO RESELL THE
MOBILE HOME WITHOUT SUCH REMOVAL.
yw'"j 0-- -
WITNESS
SELLER
i, ?? rBr
NT i!!
PARK =BDSIONATURE
OWNER OR MANAGER PHONE#r OWNER OR MANAGER FAX#
1. MONTHLY LOT RENT: $ a G s-
LATE FEE:
2. HAVE PAID THEIR LOT RENT AND OTHER OBLIGATIONS TO THIS PARK THROUGH
3. HAVE A BALANCE DUE OF $
4. TAXES, IF APPLICABLE, HAVE BEEN PAID THROUGH
WITNESS RK WNER OR MANAGER - AUTHORIZED SIGNATURE
PRKAPPV
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
,
Ronny R Anderson F ` - h
Sheriff r f; , , : rx
?bEl tl!%dp •.. , t}..
Jody S Smith EL AUG _0 +i
Chief Deputy
Richard W Stewart 1`1BEPk LAer
Solicitor - + f ,
Tammac Holdings Corporation Case Number
vs. 2011-5778
Judith Moncrief
SHERIFF'S RETURN OF SERVICE
08/01/2011 08:18 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
August 1, 2011 at 2018 hours, she served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Judith Moncrief, by making known unto Robert Mills, Son of Defendant at 27
Hazel Circle, Tindle MHP, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at
the same time handing to him personally the said true and correct copy the same.
l 1,
MICHELLE GUTSHAL , DEPUTY
SHERIFF COST: $38.00
August 02, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
DavidD. Buell"
Prothonotary
Office of the (Prothonotary
Cum6erfancfCounty, Pennsylvania
7�ir&S. Sofionage, ESQ
Solicitor
/! —3°,78 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square Suite100 e Cares, TA • Thone 717 240-6195 0 r'ar 717 240-6573