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HomeMy WebLinkAbout14-7311 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County •q , 7 � it The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules o court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: HAMPDEN BANK NICOLE A. EVANS, aka NICOLE A. MOOSE T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? ❑Yes El No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes ❑x No Is this an MDJAppeal? ❑ Yes [E No A Name of Plaintiff/Appellant's Attorney: John J. Baranski,Jr. ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ NuisanceDept.of Transportation ❑ Premises Liability [4] Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) E]Employment Dispute: Slander/Libel/Defamation Discrimination El C El Other: Employment Dispute: Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste F1 Other: 1:1 Ejectment El Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical Q Other: ❑ Other Professional: Replevin Updated 1/1/2011 r7' D , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW . t HAMPDEN BANK, No. �y- 7 3 PLAINTIFF VS. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, DEFENDANT Action in Replevin NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP; CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 jS. 7S ��< A4 717-249-3166 3/V776 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. SI USTED DESEA DEFENDERSE DE LAS QUEJASEXPUESTAS EN LAS PAGINAS SIGUIENTES, DEBE TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA EN QUE RECIBIO LA DAMANDA Y EL AVISO. USTED DEBE PRESENTAR COMPARECENCIA ESCRITA EN PERSONA OR POR ABOGADO Y PRESENTA EN LAW CORTE POR ESCRITO SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN SU CONTRA. SE LE AVISA QUE SI NO SE DEFIENDA,EL CASO PUEDE PROCEDER SIN USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS AVISO O NOTIFICACIION POR CUALQUIER DINERO RELCAMADO EN LA DEMANDA O POR CUALQUIER OTRO QUEJA O COMPENSACION RECLAMADOS POR EL DEMANDANTE. USTED PUEDE PERDER DINERO, O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO,VAYA O LLAME,A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service 137 East Market Street York,PA 17401 Telephone(717) 854-8755 Lawyer Referral Service 137 East Market Street York,PA 17401 Telephone(717) 854-8755 District Court Administrator Lancaster County Court House 50 North Duke Street P. O. Box 3480 Lancaster,PA 17603-1881 Telephone(717)299-8041 Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg,PA 17101 Telephone(717)232-7536 Court Administrator 4th Floor,Cumberland County Court House Carlisle,PA 17013 Telephone(717)240-6200 Lawyer Referral Service 137 East Market Street York,PA 17401 Telephone(717) 854-8755 Court Administrator Adams County Court House Gettysburg,PA 17325 Telephone(717) 334-6781,Ext. 213 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW HAMPDEN BANK, No. PLAINTIFF VS. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, DEFENDANT Action in Replevin COMPLAINT IN REPLEVIN AND NOW, comes Plaintiff, Hampden Bank, by and through its attorneys, Blakey, Yost, Bupp &Rausch, LLP, and pursuant to Rule 1073.1 of the Pennsylvania Rules of Civil Procedure, hereby files this Complaint in Replevin and avers as follows: 1. Plaintiff, Hampden Bank [hereinafter "Hampden"] is a Massachusetts Banking Institution registered to do business and doing business in the Commonwealth of Pennsylvania, with its principle place of business at 19 Harrison Avenue, P.O. Box 2048 Springfield MA 01103. 2. Defendant,Nicole Evans-Moose, [hereinafter "Evans"] is an adult individual, residing at 22 Big Spring Terrace,Newville, Cumberland County, Pennsylvania, 17241. 3. In or around March 29, 2010, entered into a Note, Disclosure and Security Agreement with Forward National Company for the amount of$33,331.00 in order for Evans to purchase a mobile home. Attached hereto, incorporated herein and marked as Exhibit "A" is a copy of the Note, Disclosure and Security Agreement. (MV-217A) which allows a lien holder to repossess a motor vehicle in the event of a default and secure the title (See attached Exhibit "E"). 11. On September 17, 2014, Plaintiff received title to the mobile home. Attached hereto, incorporated herein and marked Exhibit "F" is a copy of the title to the mobile home in the name of Plaintiff. 12. On September 17, 2014, Evens was sent notice of the repossession and notice was delivered to the Newville Borough Police Department(See attached Exhibits "G" and "H"). 13. Defendant remains in possession of the mobile home and continues to owe the following amounts to Hampden Bank: a. Balance of Loan- $35,173.90. b. Costs of Collection- $1050.00. WHEREFORE, Plaintiff, Hampden Bank respectfully requests that this Honorable Court grant the following relief: (a) to grant replevin of the mobile home; (b) to issue a Writ of Seizure in favor of Plaintiff, Hampden Bank upon the filing of an appropriate motion; (c) to retain jurisdiction of this action to assess money damages in favor of Plaintiff, Hampden Bank, for any deficiency and for any special damages suffered by Plaintiff, including back lot rent assessed to Plaintiff; and (d) to grant such other and further relief as to the Court seems just,proper and appropriate under the circumstances of this case. 4. The mobile home which is the subject of the Note, Disclosure and Security Agreement and this action is more specifically described as a 1997 Fleetwood 66 x 28 having Pennsylvania Vehicle Identification Number PAFLT22AB103860K13 and Pennsylvania Title Number 50999187203EV located at 22 Big Spring Terrace,Newville, Pennsylvania [hereinafter "the mobile home"]. 5. By written assignment, Forward National Company assigned all of its rights, privileges and powers in the Note, Disclosure and Security Interest to Hampden Bank,the Plaintiff herein. Attached hereto, incorporated herein and marked as Exhibit "B" is a copy of the assignment. 6. Pursuant to the Note, Disclosure and Security Agreement Evans was to make monthly payments in the amount of$357.30 to Forward National Bank and later,to Hampden Bank as a result of the assignment. 7. On December 9, 2013 Evans was notified by Hampden Bank that his loan was in default and he risked acceleration and repossession(See attached Exhibit "C"). 8. Evans failed to make payments in accordance with the Note and the December 9th Notice. 9. On April 24, 2014, Evans was sent notice that her loan had been accelerated and the amount due and owing to Hampden Bank was $35,592.72 (See attached Exhibit "D"). 10. On August 11, 2014, Plaintiff repossessed the mobile home and made application to secure title to the mobile home pursuant to Pennsylvania Motor Vehicle Sales Financing Act and PENNDOT's procedure for Application for Title by a Financial Institution after Default Respectfu b e , John J. i, Jr., Esquire Supre e Ct. ID No. 82585 BL KEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 jbaranski ,blakeyyost.com VERIFICATION The undersigned, John J. Baranski, Jr., Esquire, hereby verifies and states that: 1. He is the attorney for Hampden Bank,the Plaintiff herein: 2. He is authorized to make this verification on its behalf, 3. The facts set forth in the foregoing Complaint in Replevin are known to him and not exclusively to his client; 4. The facts set forth in the foregoing Complaint in Replevin are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. John . squire Dated:�' L1 llrote, Disclosure, and Security Agreement r Lender Borrower FORWARD NATIONAL COMPANY NICOLE A.EVANS Loan Number 300E MAIN STREET,SUITE 201 124WOODS DRIVE#32 Loan Date 03-24.2010 MILFORD,MA 01757 MECHANICSBURG,PA 17055 Maturity Date 03.23.2030 Loan Amount 38.331.00 ❑ Refer to the attached addendum for additional Renewal of Borrowers and their signatures. Lending Disclosures Annual Percentage Rate Finance Charge Amount Financed Total of Payments The cost of nay credit as a yearly The dollar amount the credit will The amount of credit provided to me The amount I will have paid when I rate. cost me. or on my behalf. have made all scheduled payments. 10.520% $50,011.00 $35,741.00 585,75200 My Payment Schedule Will Be: "e"means an estimate. Payments Amount of Payments When Payments Are Due 240 $357,30 MONTHLY BEGINNING 04-23.2010 5 5 S Demand. ❑This note has a demand feature. ❑This note is payable on demand and all disclosures are based on an assumed maturity of one year. Prepayment,If I pay off this note early,I❑may ®will not have to pay a minimwn finance charge. ® If I pay off this note early, I will not beentitled to a refund of part of the additional finance charge. ®Late Charge.If a payment is late(more than 15 days after due)I will be charged 5.000%OF THE OVERDUE PAYMENT OF PRINCIPALAND INTEREST WITH A MAX OF$2.50 Security. I am giving a security interest in: ®doe goods or property being purchased. ❑collateral securing other loans with you may also secure this loan. ❑(brief description of other property) 4— Firing Fees.$ 6 00 Non-filing Insurance.$ rn ❑Reqiired Deposit.The anmal percentage tate does not take into acwntli my required deposit. ®Assumption.Someone buying the property securing this obligation cannot assume the remainder of the obligation on the original tams. o Contract Documents. I can see my contract documents for any additional information about nonpayment,default,any required repayment before the scheduled a I date,and prepayment retUnds and penalties. L� r r r �Other Terms. Promise to Pay.For value received,I promise to pay to you,or your order,at your address above,the principal sum of$3$331.00 plus interest from 03-242010 at the rate of 9.500 %per year.until 03-23.2030 interest accrues on a PERIODIC basis. I agree to pay late charges in accordance with the provisions shown in the Itemization of Amount Financed Trtub-in-Lending Disclosures. The purpose of this loan is PURCHASE MOBILE HOME Amount given to me directly $ Payment.I will pay this note as follows: Amount paid on my(loan)account 240 MONTHLY PAYMENTS OF$357.30BEGINNING 04-23-2010. 5 Amount paid to others on my behalf(You may retain or receive a portion of these amounts.) To insur-ance companies $ To public officials $ SEE DISBURSEMENT AUTHORIZATION $ 38 331-- (less)Prepaid Finance Charge(s) $ 2 590.00 Amount Financed $ 35,74100 Post-Maturity Interest.interest will accrue after maturity on the unpaid balance of this note on the same basis as interest accrues before maturity, Security Agreeme,it unless a specific post-maturity interest rate is agreed to in the next sentence. Security.To secure the obligations of this Lam Agreement,I ❑Interest will accrue at The rate of % give, of this note not paid at maturity,includingmaturityper year ti the balance you a security interest in the by acceleration. Property described below: ®Additional Finance Charge.I also agree to pay a nonrefundable fee A USED 1997 FLEETWOOD 66'X 28'MOBILE HOME;SERIAL N of$2.590.00 and it will be®paid in cash. ❑paid pro rata over PAFLT22AB10386OK13,LOCATED AT:22 BIG SPRING TERRACE,NEWVILLE,PA the loan terns. ❑withheld from the proceeds. (If this fee is withheld from 17241 the proceeds,the amount is included in the principal sum.) ❑Minimum Finance Charge. I agree to pay a minitnran finance charge of$ if I pay this note off before you have eamed that much in finance charges. []Retumed Payment Fee.I agree to pay a service charge of$ El A e Debts.The 3.>ropl ty will also serve as collateral for ll unpaid. for each payment(cheek or automatic payment)returned g a0 present and future debts. ❑Other Security.This Loan Agreement is secured by EafZ5&-r'L:,'"Simple Interest Note,Disclosure,and Security Agreement Consumer Lo n-Not for Open-E 02002 Bankers Systems.Inc.,St.Cloud,MN Form NDeS-SI-PA 6/1/2002 V02009.4.1 Pa 0538299 • • ' 'r ; Waivers.To the extent not prohibited by law,I waive protest,presentment •, for payment,demand,notice of acceleration,notice of intent to accelerate, Definitions.As used in this Loan Agreement,®indicates terns that apply to and notice of dishonor. You may renew or extend payments on this Loan this Loan Agreement.Loan Agreement refers to this Promissory Nae,Security Agreement.regardless of the number of such renewals or extensions. You Agreement,and Truth in Lending Disclosures,and any extensions,renewals, may release any Borrower,endorser,guarantor,surety,accommodation modifications,and substitutions of this Loan Agreement.loan refers to this maker,or any other cosigner. You may release,substitute,or impair transaction generally,including obligations and duties arising from the terms of any Property securing this Loan Agreement. all documents prepared or submitted for this transaction,such as applications, Collection Expenses and Attorneys'Fees. On or after Default,to the security agreements,disclosures,or notes,and this Loan Agreement.Security extent permitted by taw,1 agree to pay all reasonable expenses of collection, Agreement refers a the security agreement contained within this Loan enforcement,or protection of your rights and remedies under this Loan Agreement Secured Dabs refers to all sums advanced to you under the[secs of Agreement.Expenses include,but are not limited to,attorneys'fees,court costs the Loam Agreement,and all spresent and future debts(if the All Debts subsection and other legal expenses.These expenses are due and payable immediately, if referthe Security Agreement has been checked), The pmmovid al me and my y' refer tb each Borrower signing this Loan Agreement.individually and together not Paid immediately,these expenses will bear interest frac the date of payment with their heirs,successors and assigns,and each other person or legal entity until pard in full at the rate provided in the terns of this Loan Agreement. (including guarantors,endorsed,and sureties)who agrees to pay this Loan All fees and expenses will be secured by the Property I have granted you,if Agreement You and your refer to the Lender and its successors and assigns, any.To the extent permitted by the United States Bankruptcy Code,1 agree to Advance Procedure And Means.You will advance the loan proceeds b Pay the reasonable attorneys'fees you incur to collect this debt as awarded P y by any court exercising jurisdiction under the Bankruptcy Code. way of check,rash,wire transfer,credit to an account or any combination General Provisions,This LAgreement is governed b the laws of as you and I agree. The advancemLoan s)will occur upon consummation of the gym g Y loan and as you and I agree,except that no advance(s)will occur until Pennsylvania,the United States of America,and to the extent required,by the after three business days from the date of consummation if the loan is laws of the jurisdiction where the Property is located. If two or more Borrowed rescindable pursuant to Regulation Z(12 C.F.R. §226)_ sign this Loan Agreement,we are liable to repay jointly and severally.This Payments.Unless otherwise rounded in the Other Terms section,each Loan Agreement is the complete and final expression of our agreement.No P modification of this Loan Agreement is effective unless made in writing and payment I make on this Loan Agreement will be applied first to any charges signed by me and you. The duties and benefits of this Loan Agreement will I owe other than principal and interest,then to interest that is due,and bind and benefit the successors and assigns of me and you. if any provision finally to principal that is due. No late charge will be assessed on any of this Loan Agreement is unenforceable,then the unenforceable provision payment when the only delinquency is due to late fees assessed on earlier will be severed and the remaining provisions will be enforceable. payments and the payment is otherwise a full payment.The actual amount Unless otherwise required b law,an notice will be given by deliverin it of my final payment will depend on my payment record. or mailing it by first class by to my last known address. Notice to one Interest. Interest will accrue on the unpaid principal balance until paid in Party will be deemed to be notice to all parties.Where a notice is required,I full. For interest calculation,the accrual method will determine the number of agree that 10 days prior written notice will be reasonable notice to me under days in a year.The interest rate and other charges on this Loan Agreement the Uniform Commercial Code or other applicable state law. will never exceed the highest rate or charge allowed by law for this loan. If I will provide you any financial statement or information you request. the amount collected is found to exceed the highest rate or charge allowed, you will refund an amount necessary to comply with the law. All financial statements and information i give you will be correct and complete. My name and address are my exact legal name and my Post-Maturity Interest.interest will accrue on the principal balance remaining principal residence. I will provide you with at least 30 days notice unpaid after final maturity at the rate specified in this Loan Agreement.For prior to changing my name or principal residence. purposes of this section,final maturity occurs on any of the following dates. •If this Loan Agreement is payable on demand,on the date Any provisions Ilia[appoint you as an agent are not subject to the you make demand for payment. provisions of id Paries Co Section exercising et seq. (Chapter rig Decedents, Estates and Fiduciaries Cods). 13y exercising any of your rights under •if this Loan Agreement is payable on demand with alternate payment this note,you do so for your sole benefit. date(s),on the date you make demand for payment or on the final alternate payment date,whichever is earlier. I agree to sign,deliver,and file any additional documents or certifications that •On the date of the last scheduled payment of principal. you may consider necessary to perfect,continue,and preserve my obligation P Yin P P under this Loan and to confirm your lien status on any Property. •On the date you accelerate the due date of this Loan Agreement (demand immediate payment). •Upon the entry of judgment on this note and applies to amounts owed Additional Terms of under this note or under any such judgment until paid in full. Generally.Property means any collateral described in this Loan Agreement Prepayment. I may prepay this Loan Agreement in whole or in in which I have an interest,now or in the future,wherever the Property is or part at any time. Any partial prepayment will not excuse any later will be located,and all proceeds and products from the Property. Property scheduled payments until I pay in full. includes all parts,accessories,repaid,replacements,improvements,and Comrtdssions. I understand and agree that you(or your affiliate)willearn accessions m the Property;any original evidence of title or ownership;and an obligations that support the payment or performance of the Property. commissions or fees on any insurance products,and may earn such fees on other services that 1 buy through you or your affiliate. if the All Debts subsection is checked,the Property also secures all present Warranties and Re resentations. I have the and future debts,even if this Loan Agreement is not referenced in the debt p power and authority to enter into instrument,the future debts are also ed b this Loan Agreement.The execution and delivery of this Loan Agreement will y other collateral,or if the furore nes violate any agreement governing me or my property,or to which I am a party. debt is unrelated to or dAgeement is a commiof aifferent type than this debt. Nothing its this Loan tment to make future toast or advances.This Loan 1 awn all of the Property,unless otherwise agreed and disclosed to you in Agreement will nes secure any debt for which you fail to give anrequired writing.Your claim to the Property is ahead of the claims of any other creditor, notice of the right of rescission(i.e.,right to cancel),or any debt for hiich a except as disclosed in writing to you prior to any advance on the Secured Debts. not-possessory,non-purchase money security interest is crated in household Tlie Property has not been and will not be used for any purpose that would violate any laws or subject the Property to forfeiture or seizure. 900&in connection with a consumer loan,as those terms are defined by federal law governing unfair and deceptive credit practices. Default.Subject to any limitations in the Real Estate or Residence Security Purchase Money Security Interest.If this is a purchase money loan(the loan section,i will be in default if any of the following occur. proceeds are used to purchase the collateral),I authorize you,at your option,to •I fail to make a payment when due. disburse the loan proceeds directly to the seller of the Property.The portion of •I fail to perform any condition or keep any promise of this or the Property Purchased with loan proceeds will remain our to subject Je Y purchase any agreement 1 have made with you. money seeuity interest until the Secured Debts aro paid in full. Payments on Remedies.Subject to any limitations in the Real Estate or Residence any non-phase money loan also secured by this Security Agreement will Security section,after I default,and after you give any legally required not be applied to the purchase money loan. Payments on the purchase matey notice and opportunity to sue the default,you may at your option loan will be applied first to the non-purchase money portion of the loan,if any, do any one or more of the following, and then to the Purchase money Portion in the order in which the purchase •Makro all or any part of the amount owing by the terms money Property was acquired. If the purchase money Property was acquired of this Loan Agreement due, at the same time,then payments will be applied in the order you select. No •Use any and all remedies you have under state or federal law,or in security interest will be terminated by application of this formula. any instrument securing this Loan Agreement. Waivers_I waive all claims for loss or damage caused by your acts or omissions •Make a claim for any and all insurance benefits or refunds that where you acted reasonably and in good faith.I waive all rights i have now or in may be available on my default. the future to a homestead or personal Property exemption in the Property, •Set off any amount due and payable under the terms of this Loan Agreement Assumptions.Someone buying the Property cannot assume the against my right to receive money from you,unless prohibited by law. obligation. You may declare the entire balance of the Loan Agreement •Make amounts advanced on my behalf due and add those amounts to thc to be immediately due and payable upon the creation of,or contract for balance owing under the terms of this Loan Agreement. the creation of,a transfer or sale of the Property, •Require me to gather the Property and make it available to you in a reasonable Perfection of Security Interest. I authorize you to file a financing fashion(unless prohibited by law);keep or dispose of the Property as provable statement covering the Property. I agree to comply with,facilitate, d enforcement and otherwise assist you in connection with perfeet"ntg your security by law;apply the proceeds to your expenses of collection an and then to the Secured Debts;and,unless prohibited by law,and following interest under the Uniform Commercial Code. any required notice of deficiency,hold me liable for any deficiency if what Duties Toward Property.I will protect the Property and your interest You receive from the sale does not satisfy the Secured Debts. against any competing claim. Except as otherwise provided in this Loan By choosing any one or more of these remedies you do not give up Agreement,1 will keep the Property in my possession at the address Your right to use any other remedy. You do nes waive a default if you indicated in this Lou Agreement. I will keep the Property in good choose not to use.a remedy. By electing not to use any remedy,you repair and use it only for personal,family,or household purposes. I will do not waive your right to later consider the event a default and to use immediately inform you of any hers or damage to the Property. You have any remedies if the default continues or occurs again. the right of reasonable access to inspect the Property. Real Estate or Residence Security.If this Loan Agreement is secured I will kap books.records,and accounts about the Property and my assets by real estate or a residence that is personal property,the existence of a in general,to which i will allow you reasonable access, 1 will pay all taxes default and your remedies for Each a default will be determinedusable and assessments levied or assessed against me or the Property, 1 will not sell, law,by the terns of any separate instrument creating the security interest lease,license,or otherwise transfer or encumber the Property withon your and;to the extent not prohibited by law and not contrary to the terns of prior written consent. You do riot authorize any sale or other disposition of the the separate security instrument,by this Loan Agreement. Property.Any sale or disposition you do not authorize will violates your rights. If 1 pledge the Property to you(deliver the Property into your,or you designated third party's possession or control).I will,upon receipt,deliver any Proceeds and products of the Property to you. 1 will provide you with any notices.documents,financial statements,reports,and other information relating to the Property I receive as the owner of the Property. rr Simple Interest Note,Disclosure,and Security Agreement Consume Lo Not for O u 2002 Bankers Systeme,Inc.,st,Cloud,MN Form NDaS-SI-PA 611 2002 JAS pen-End Credit Papa 2 of 3 90000538299 • Insurance,I agree to keep the Property insured against the risks reasonably ❑Single Interest Insurance. I may obtain single interest insurance associated with the Property until the Property is released from this Security from anyone I want that is acceptable to you. If I get the insurance Agreement. 1 may provide the required insurance through an existing policy from or through you 1 will pay$ of insurance that I own or control,or through a policy that I buy. I have free choice in the selection of an insurance company,subject to applicable for of coverage. law. I will maintain this insurance in the amounts you require and have the insurance company name you as loss payee on any insurance policy. 1 will ®Property Insurance. 1 may obtain property insurance from give you'and the insurance company immediate notice of any loss. You may anyone I want that is acceptable to you. if I get the insurance from apply the insurance proceeds toward what is owed on the Secured Debts. if or through you 1 will pay$ for the insurance proceeds do not cover the amounts I owe you,1 will pay the difference.You may require additional security as a condition of permitting of coverage. any insurance proceeds to be used to repair or replace the Property. If you acgtnrtithe Property in damaged condition,my rights to any insurance policies •' • Disclosure and proceeds will pass to you to the extent of the Secured Debts. I will - immediately notify you of cancellation or termination of insurance. Produce refers to any insurance product or annuity I purchase from you.With I am required to maintain insurance on the Property to protect your regard to any Product I purchase from you,the following apply. interest.If I fail to maintain the required insurance,or fail to provide you •The Product is not a deposit account or other obligation of any depository with evidence of insurance,I understand and agree to the following. institution or any affiliate of any depository institution. •You may(but are not required to)place Insurance on the Property to 'The Product is not guaranteed or insured by any depository institution protect your interest,which will not cover my equity In the Property. or any affiliate of any depository institution. • The Insurance you provide may be written by a company other The Product is not insured by the Federal Deposit Insurance • Corporation(FDIC). than one I would choose and may be written at a higher rate than I could obtain If I purchased the insurance. The Product,except in the case of Federal Flood insurance or Federal Crop •I will pay for the costa of any Property insurance you provide. Insurance,is not insured by any federal government agency. ❑ If this box is checked,there is investment risk associated with Authority to Perform. I authorize you to do anything you deem reasonably the Product,including the possible loss of value. necessary to protect the Property and your security interest in the Property. If I fail to perform any of my duties under this Loan Agreement,you are By signing,1 acknowledge that I have received a copy of this disclosure authorized,after providing me with any required notice and opportunity to on today's date. Unless these disclosures arc provided electronically perform,to perform the deities or cause them to be performed and add the costs or I have purchased the Product by mail,1 also acknowledge that you of performance to the Secured Debts.These authorizations include,but are not have provided these disclosures to me orally. limited to,permission to pay for the repair,maintenance,and preservation of the Property and taking any action to obtain or preserve the benefits and rights of the Property.Your authority to perform for me will not create m obligation to perform and your failure to perform will not preclude you from exercising any X Date other rights under the law or this Security Agreement. If you come into actual or constructive possession of the Property,you will preserve and protect the Property to the extent requited by law.Your duty of care with respect to the X -Date- Property will be satisfied if you exercise reasonable we in the safekeeping of the Property or in the selection of a third party in possession of the Property. Third Perry Agreement X -Date- For ateFor the purposes of the provisions within this enclosure,1,me or my means the person signing below and you means the Lender identi fied in this Loan Agreement. Notice to Cosigner I agree to give you a security interest in the Property that is described in the You(the cosigner)are being asked to guaranty this debt. Think Security Agreement section. 1 agree to the terms of this Loan Agreement,but I carefully before you do. If the borrower doesn't pay the debt,you am in no way personally liable for payment of the debt. This means that ifthe will have to. Be sure you can afford to pay If you have to,and Borrower defaults,my interest in the secured Property may be used to satisfy the that you went to accept this responsibility. Borrower's debt. 1 agree that you may,without releasing me or the Property You may have to pay up to the full amount of the debt if the from this Third Party Agreement and withoutnotice or demand upon me,extend borrower does not pay. You also may have to pay late fern or collection costs,which increase this amount. new credit to any Borrower,renew or change this Loan Agreement one or more The creditor can collect this debt from you without first trying to collect times and for any term,or fail to perfect your security interest in,impair,or from the borrower.The creditor can use the same collection methods against release any security(including guaranties)for the obligations of any Borrower. you that can be used agahnst the borrower,such as suing you,ete.U this I have received a completed copy of this Loan Agreement. debt is ever in default,that fact may become part of your credit record. X, This notice is not the contract that makes you liable for the debt. By sighting,I agree to the terms contained In this Lora Agreement.I also Attach FTC'Preservation of Consumer Claims and Defenses" acknowledge receipt of a copy of this loan Agreement on today's date. Notice if Applicable. Cosigners.See Notice to Cosigner above before signing. NICOLE A.EVANS Credit Insurance-Credit life.credit accident and sickness(disability),and any other insurance coverage quoted below,are not required to obtain credit and you 'X will no provide them unless I sign and agree to pay the additional premium. If I want such insurance,you will obtain it for me(if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life Premium $ X ❑Single❑Joint ® None Tenn Credit Disability (Optional) Premium $ ❑Single El Joint ® None Signed .For Lender Term Title Premium $ ❑Single ❑Joico ❑ None Term Signature. My signature below means I want(only)the insurance coverage(s) quoted above.If"None"is checked,1 have declined the coverage ym offered. X DOB X DOB X DOB "Simple Interest Note,Disclosure,and Security Agreement Consumer Loan-Not for Open-End Credit '+.re.Systems.Inc.,St Ctoud,MN Form NDeS,SI-PA 6/1/2002 Page 3 of 3 HAMPDEN BAND �dwi3 December 9,2013 Nicole A. Evans 22 Big Spring Terrace Newville,PA 17241-9107 First Class Mail and certified Mail/Return Receipt: RE: Manufactured Home Loan Collateral: 1997 Fleetwood 66 x 28 ID#PAFLT22A13103860K13 Account# 9000538299 Amount Due: $766.30 Dear Ms.Evans: You are hereby advised that unless you cure your delinquency with in thirty five days fM January 14,2014 from receipt of this letter,we may repossess the above described collateral without any further notification. We recommend that you contact our office to make payment arrangements. Your default consists of- (X) f(X)Failure to make payment in the amount of$766.30 including monthly payments and late charges.If payment became due before you cure the default,you must add the amount necessary to cure the default. Payments must be made by certified check,money order or cash. No Personal checks accented. (X)Failure to make ground rent payments. If repossession of your collateral takes place,you should be advised that you have certain rights as stated in Pennsylvania Uniform Commercial Code. These rights may include, but not limited to: (A) Your right to redeem and take possession of the collateral; (B) Your right to resume the performance of the loan agreement;and(C) Your right to demand the sale of your collateral at a public auction. If repossession takes Place and you have the right to redeem the collateral,you will have 15 days in which to exercise that rim Your immediate attention in this matter is expected. Please contact me at(413)452- 5135,Monday through Friday 8:30 am to 4:30 pm. Sincerely, Susan K. Gromaski Collection Administrator Agawam•Indian Orchard• Longmeadow•Springfield•West Springfield•Wilbraham bampdenbank.com Customer Support Business Banking Services 413.736.1812 413.452.5140 ago m 0©❑ : ul a] IX)� a � B d 8'It = vi 00 cr m : C3 � f o Ln a�-U TIL � 3� U � � Ee T a 3.Zw , co Z. C 00 STA MPDEN BANK 8&jhte&d y,5 April 24,2014 Nicole A.Evans 22 Big Spring Terrace Newville,PA 17241-9107 First Class Mail and certified Mail/Return Receipt: RE: Manufactured Home Loan Collateral: 1997 Fleetwood 66x28 ID#PAFLT22AB 103 860K 13 Account#9000538299 Amount Due: $717.10 Dear Ms. Brickman: You are hereby advised that unless you cure your delinquency with in thirty five days 335 ,May 30,2014 from receipt of this letter,we may repossess the above described collateral without any further notification. We recommend that you contact our office to make payment arrangements. Your default consists of: (7)Failure to make payment in the amount of$717.10 including monthly payments and late charges.if payment became due before you cure the default, you must add the amount necessary to cure the default. Payments must be made by certified check,money order or cash. No personal checks accented. (R)Failure to make ground rent payments. If repossession of your collateral takes place,you should be advised that you have certain rights as stated in Pennsylvania Uniform Commercial Code. These rights may include, but not limited to: (A)Your right to redeem and take possession of the collateral; (B) Your right to resume the performance of the loan agreement; and(C)Your right to demand the sale of your collateral at a public auction. If repossession takes place and you have the right to redeem the collateral,you will have 15 days in which to exercise that right. Your immediate attention in this matter is expected. Please contact me at(413)452- 5135,Monday through Friday 8:30 am to 4:30 pm. Sincerely, Susan K. Gromaski Collection Administrator Agawam•Indian Orchard •Longmeadow•Springfield•West Springfield•Wilbraham hampdenbank..com Customer Support Business Banking Services Residential Leading 413.736.1812 4i 3.452.5140 413.452.5120 MV-217A (4-14) pennsylvania DEPARTMENT OF TRANSPORTATION www.dmv.state.pa.us - APPLICATION FOR CERTIFICATE OF TITLE BY A FINANCIAL INSTITUTION OR DEALER AFTER DEFAULT BY OWNER Title Must Be Attached For Department Use Only NOTE: This application may only be used by Financibl Institutions and Vehicle Dealers who are licensed by the Department of Banking. Your ABA/FIN or DIN number(if applicable) must be listed below. A VEHICLE AND OWNER INFORMATION Title Number 1 Name of Vehicle Owner as Shown on Attached Tiles - 'jG T _CVr (l( t ( If,C C /I �. r xi B VEHICLE IDENTIFICATION NUMBER VERIFICATION -(NON-PA TITLE ONLY) H.TAX,TITLE AND REGISTRATION FEES NOTE: If an out-of-state title is attached to this application,a tracing of the vehicle's identification If applicable,use back of Forms MV-1 or MV-4ST to number must be affixed in the space provided.If a tracing cannot be obtained,the vehicle's determine proper sales tax exemption information. identification number must be verified by a certified inspection mechanic or authorized notary NOPE:Only the purchaser listed in Section E must public in the appropriate spaces below. complete the following appropriate blocks. TAPE VIN PURCHASE PRICE TRACING HERE - (See note on reverse) DIN/MECHANIC# Authorized Notary Public.or Certified Inspection Mechanic(Print Name) TAXABLE AMOUNT I CERTIFY THAT A LEGIBLE TRACING CANNOT BE 1khAuthorized notary public of certified inspection mechanic sign here. 1,x6%(.06)SALES TAY. SECURED AND THAT THE ABOVE VIN IS CORRECT x7%(.07)Allegheny Co.residents C REPOSSESSOR'S INFORMATION x8%(.08)City of Philadelphia residents. Repossessing Lienholder's Name(as listed on face of title) ABA/FIN or DIN(if applicable)-must be listed 1A. EXEMPTION REASON CODE (Must be a number from 1 to 14,1, 7L, Y' &J 11 1' 7 {)�L� 26 or 0) Slree(Address 1B. EXEMPTION NUMBER City , slateZip Code 2.Title Fee Ij ,iy- ;ILC � t eIcy Gl( a, D REPOSSESSOR'S INFORMATION _ 3.Lien Fee Repossessing Lienholder's Name(as listed on face of title)and ABA/FIN or DIIJ(if applicable)must be listed. Check the appropriate box below indicating which option you are proceeding under: 4.Registration or Processing Fee U 1.Renunciation(Repossessor Must Take Title) U3.Mobile Hume , O 2.Non-Judicial Sale or Repossession and Retention(M.V.S.F.A.) E PURCHASER INFORMATION (Exactly a§shown in Section A on reverse side of title) Fee Exempt Number as assigned by the Department I/We certify,to the best of my/our knowledge,that the odometer reading is__...__miles and reflects the actual mileage of the vehicle,unless one of the following boxes is checked: 5.Duplicate Registration Fee U Reflects the amount of mileage in excess of its mechanical limits No.of Cards • Is NOT the actual mileage(Warning:Odometer discrepancy) WARNING:Federal and Slate laws require that you stale the mileage in connection with the transfer of ownership, 6. Transfer Fee ' Failure to complete or providing a false statement may result in fines and/or imprisonment. Last Name(),Ill f II business name) First Nam Middle Name .PA DUPhoto foil or Dale of Birth 7, Increase Fee Bus.ID# Co-Purchaser ' First Name Middle Name PA DUPhoto ID#or Date of Birth 8, Replacement Fee Bus.ID# Street Address City ' County Slate Zip Code Dale Acquired/Purchased TOTAL PAID. l i // f'�G� fly) "7 (Add 1 that 8) ( - i L •i 1 C% n II E -Send One Check in This _ 11 Dealer ID Number('if applicable) I Financial Institution Number(if applicable) Amount --� � 1...} CO (Ii l�� �� ;y , �7 NOTE:If a co-purchaser other than your spouse is listed and you want the title to be listed as"Jpint Tenants With Right of Survivorship"(On death of one owner,title goes to surviving owner.) CHECK HERE O.Otherwise,the title will be issued as-Tenants in Common"(On death of one owner,interest of deceased owner goes to his/her heirs or estate.). F SIGNATURES •IANe acknowledge that I/we may be subject to a fine not exceeding$5,000 and imprisonment of not more than two years for any false statement that Ilwe make on this application,and Ilwe certify that llwe have examined and signed this application after Its completion;and,that If an exemption[rum payment of sales tax Is claimed,I am/we are authorized to claim this exemption.I/We further certify that all statements herein are true and correct and make application for certilicale of(file for the vehicle described in Block A. REPOSSESSOR'S Sig ure of Re ossor or A(11 rued Signer Title of Authorized Signer Date n \.. rr7 ,^ SIGNATURE �. 4 V t' tiJ•1 tG�i C° r�- t LU PURCHASER Signal otorF~er or Ayt orizdd Signer r n Signature of Co-Purch se or,Title of Authorized Signer Dale SIGNATURE v' G Repossessor's Ce ifica ion Information I certify Ihal the owneMienholder named in alis dorumenf has repossessed the vo de gibed motor vehicle or nwblle home upon default according to the forms of the security agreement antl hascom mgulalions of Pennsylvania. REPOSSESSOR'S Signature of Repusp&or or A 8wrl.ed SigrW r Dale / SIGNATURE .Dated,Naporl5f Reporisessor r Authorized Signer i Till of pori ed Signet r I, 9 .... ....... ..... - i WTI x.Wf 9 is �s.� a CL pot. Vj t ni 77 j .im a- 7 �r�q::�� � �17�aV,w �'.yti�•i �R' ��..' rte:��`hsr WN 58001905 i An employee of an Issuing agent llcensed as a vehicle dealer by the Pennsylvania State Board of Vehicle Manufacturers,Dealers and Salespersons may verity a person's signature In Neu of notarization. °15 On�6 "j G ',�• "^a�, spy � t a i, ax a • .°b� 'ti,y i e.w+r'M,f`tf?6'�41MR}.f ' L i';1S'1flM NYMs' $C k Yf*'�+i11fN ! V "W i t kp M�B+��CY .. 7!4 � • XRT t� ..n At fl I' F- �sr rf�P a '�''� �f ��r 3 d �� .�iF'1� �: •� t z`'ti d' l �f" t t.r. 15 Id � °'" '` �„','� ,° •� ��hs t ?� '�,5 '- �'�, $ -'^s�- ate�,� ��` ;,, �rr�". �".� .,��'� (M-01)t-AW i r, � Donald B. Hort retired Charles A. Kausch Bradley J. Leber Donald H. Yost David A. MillsMR John J. Baranski.Jr. Albert G. Blakey David B. Schaumann (1929-2012) Jessica S. Litke Biakey,Yost,Bupp&Rausui,LLP David W rn. Bupp - Attorneys at Law (19 38-2010) Joseph C. Korsak* *r,r..a•r., labor of counsel September 17, 2014 1 7 Newville Borough Police Department 27 West Big Spring Avenue Newville, PA 17241 Re: Nicole Evans-Moose/Hampden Bank 22 Big Spring Terrace,Newville,PA To Whom It May Concern: Please be advised that my client, Hampden Bank, has lawfully repossessed a mobile home in 22 Big Spring Terrace,Newville, PA 17241,formerly titled in the name of Nicole A. Evans. You are receiving this notice pursuant to Section 623(h)of the Pennsylvania Motor Vehicle Sales Financing Act. If you have any questions,please feel free to contact me. V..erytruly aEYOST, BLAKEY, &RAUSCH, LLP JJB:jbl Cc: Hampden Bank ctdebratbnq Ovcr 3o Ycars of.Excctl.encc 17 East Market Street, York PA 17401 717-845-3674 Fax 717-85,4-7839 Visit our website at www.blakeyvost.com Donald B. Hort retired Charles A.Rausch Bradley.I. Leber Donald H. Yost David A. MillsMR John,I. Baranski,Jr. Albert G. Blakev David B. Schaumann (1929-2012) Jessica S. Lithe Blakey,Yost,Rupp&Reuxh,LLP David Wrn. Bupp -- Attorneys at Law (19-3-8-2010) Joseph C. xorsak* *U.14., Labor _ of Counsel September 17,2014 CERTIFIED MAIL and U.S.FIRST CLASS MAIL Nicole Evans-Moose 22 Sprig Terrace Newville, PA 17241 Re: 1997 Fleetwood Mobile Home 66 x 28 VIN#PAFLT22AB103860K13/Hampden Bank NOTICE OF REPOSSESSION Dear Ms Evans-Moose: I am counsel for Hampden Bank. Pursuant to the Motor Vehicle Sales Finance Act please accept this letter as formal"Notice of Repossession"of the above-referenced mobile home. Please be advised my client,Hampden Bank,intends to resell the mobile home fifteen (15)days from the date of this letter by private sale. The mobile home is presently stored at 22 Spring Terrace,Newville, PA 17241. Any personal property that you have left in the mobile home will be held for thirty (30) days from the date of this letter and you can reclaim that property within thirty(30)days. After that,the property will be disposed of. I trust you will give this matter your prompt attention. Ve 1 John J. Baranski,Jr. BLAKEY, YOST,BUPP &RAUSCH, LLP JJB.jbl Cc: Hampden Bank Celcbratin�) Over 3o Years of ExcAence 17 East Market Street,York PA 17401 717-845-3674 Fax 717-854-7839 Visit our website at www.blakeyvost.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTS ;PPS 4\ Y� 'L AN 1` CIVIL ACTION–LAW HAMPDEN BANK, Plaintiff VS. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, Defendant Action in Replevin MOTION FOR WRIT OF SEIZURE, PURSUANT TO Pa.R.C.P. No. 1075.1 1. Plaintiff, Hampden Bank, filed an Action in Replevin against Defendant,Nicole A. Evans a/k/a Nicole A. Moose on December 18, 2014, the averments therein being incorporated herein by reference thereto. A copy of the complaint is attached as Exhibit A. 2. To Plaintiffs knowledge, the defendant has not yet been served. 3. No appearance has been entered on behalf of defendant and it is not known by whom defendant is represented. 4. Plaintiff now moves the Court, pursuant to Pa.R.C.P. No. 1075.1, for the issuance of a writ of seizure. WHEREFORE, Plaintiff, Hampden Bank, requests that a hearing on this motion be scheduled at a time no less than 48 hours from the filing of this motion as required by Pa.R.C.P. No. 1975.1. Date: �� �"� 2— John J. ski, Jr., Esquire PA S reme Ct. ID No. 82585 17 ast Market Street, York, PA 17401 (717) 845-3674 jbaranski@blakeyyost.com Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW HAMPDEN BANK, No. PLAINTIFF VS. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, DEFENDANT Action in Replevin COMPLAINT IN REPLEVIN AND NOW, comes Plaintiff, Hampden Bank, by and through its attorneys, Blakey, Yost, Bupp&Rausch, LLP, and pursuant to Rule 1073.1 of the Pennsylvania Rules of Civil Procedure, hereby files this Complaint in Replevin and avers as follows: 1. Plaintiff, Hampden Bank [hereinafter"Hampden"] is a Massachusetts Banking Institution registered to do business and doing business in the Commonwealth of Pennsylvania, with its principle place of business at 19 Harrison Avenue, P.O. Box 2048 Springfield MA 01103. 2. Defendant,Nicole Evans-Moose, [hereinafter "Evans"] is an adult individual, residing at 22 Big Spring Terrace,Newville, Cumberland County, Pennsylvania, 17241. 3. In or around March 29, 2010, entered into a Note, Disclosure and Security Agreement with Forward National Company for the amount of$33,331.00 in order for Evans to purchase a mobile home. Attached hereto, incorporated herein and marked as Exhibit "A" is a copy of the Note, Disclosure and Security Agreement. (MV-217A)which allows a lien holder to repossess a motor vehicle in the event of a default and secure the title(See attached Exhibit "E"). 11. On September 17, 2014, Plaintiff received title to the mobile home. Attached hereto, incorporated herein and marked Exhibit "F" is a copy of the title to the mobile home in the name of Plaintiff. 12. On September 17, 2014, Evens was sent notice of the repossession and notice was delivered to the Newville Borough Police Department(See attached Exhibits "G" and "H"). 13. Defendant remains in possession of the mobile home and continues to owe the following amounts to Hampden Bank: a. Balance of Loan- $35,173.90. b. Costs of Collection- $1050.00. WHEREFORE, Plaintiff,Hampden Bank respectfully requests that this Honorable Court grant the following relief: (a) to grant replevin of the mobile home; (b) to issue a Writ of Seizure in favor of Plaintiff, Hampden Bank upon the filing of an appropriate motion; (c) to retain jurisdiction of this action to assess money damages in favor of Plaintiff, Hampden Bank, for any deficiency and for any special damages suffered by Plaintiff, including back lot rent assessed to Plaintiff; and (d) to grant such other and further relief as to the Court seems just,proper and appropriate under the circumstances of this case. 4. The mobile home which is the subject of the Note, Disclosure and Security Agreement and this action is more specifically described as a 1997 Fleetwood 66 x 28 having Pennsylvania Vehicle Identification Number PAFLT22AB103860K13 and Pennsylvania Title Number 50999187203EV located at 22 Big Spring Terrace,Newville, Pennsylvania [hereinafter "the mobile home"]. 5. By written assignment, Forward National Company assigned all of its rights, privileges and powers in the Note, Disclosure and Security Interest to Hampden Bank,the Plaintiff herein. Attached hereto, incorporated herein and marked as Exhibit "B" is a copy of the assignment. 6. Pursuant to the Note, Disclosure and Security Agreement Evans was to make monthly payments in the amount of$357.30 to Forward National Bank and later,to Hampden Bank as a result of the assignment. 7. On December 9, 2013 Evans was notified by Hampden Bank that his loan was in default and he risked acceleration and repossession(See attached Exhibit "C"). 8. Evans failed to make payments in accordance with the Note and the December 9th Notice. 9. On April 24, 2014,Evans was sent notice that her loan had been accelerated and the amount due and owing to Hampden Bank was $35,592.72 (See attached Exhibit "D"). 10. On August 11, 2014, Plaintiff repossessed the mobile home and made application to secure title to the mobile home pursuant to Pennsylvania Motor Vehicle Sales Financing Act and PENNDOT's procedure for Application for Title by a Financial Institution after Default Respectful b e , JohJJ i, Jr.,Esquire SuCt. ID No. 82585 BL , YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 j baranskigblakeyyost.com VERIFICATION The undersigned, John J. Baranski, Jr., Esquire,hereby verifies and states that: 1. He is the attorney for Hampden Bank,the Plaintiff herein: 2. He is authorized to make this verification on its behalf; 3. The facts set forth in the foregoing Complaint in Replevin are known to him and not exclusively to his client; 4. The facts set forth in the foregoing Complaint in Replevin are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. r i John squire Dated: � �l' llrote, Disclosure, and Security Agreement Lender Borrower FORWARD NATIONAL COMPANY NICOLE A.EVANS Loan Number 300 E MAIN STREET,SUITE 201 124 WOODS DRIVE A32 Loan Date 03.24.2010 MILFORD,MA 01757 MECHANICSBURG,PA 17055 Maturity Date 03-23-2030 Loan Amount 38.331.00 ❑ Refer to the attached addendum for additional Renewal of Borrowers and their signatures. • Disclosures FAnnual Percentage Rate Finance Charge Amourrt Financed Total of Payments st of my credit as a yearly The dollar amount the credit will The amount of credit provided to me The amamt I will have paid when i cost me. or on my behalf. have made all scheduled payments. 10.520% $50,011.00 $35,741.00 585,752.00 ment Schedule Nil Be: "e"meatus an estimate. nts Amount of Payments When Payments Are Due 240 $357,30 MONTHLY BEGINNING 04-23-2010 $ $ s Demand. ❑This nae has a demand feature. ❑This note is payable on demand and all disclosures are based on an assumed maturity of one year. Prepayment,If I pay off this note early,I❑may ®will not have to pay a minimum finance charge. ® If I pay off this note early,1 will not be entitled to a refund of part of the additional finance charge. ®Late Charge.If a payment is late(more than 15 days after due)I will be charged 5.000%OF THE OVERDUE PAYMENT OF PRINCIPALAND INTEREST WITH A MAX OF$2.50 Security.1 am giving a security interest in: ®the goods or property being purchased. ❑collateral securing other loans with you may also secure this loan. ❑(brief description of other property) ?� Fling Fees.$ Ci 00 Non-filing Insurance.$ tit ❑ Required Deposit.posit.The annual percentage rate does not take into account my required deposit. ®Assumption.Someone buying the property securing this obligation cannot assume the remainder of the obligation on the original terms. b Contract Documents. I can see my contract documents for any additional information about nonpayment,default,any required repayment before the scheduled o dale,and prepayment refunds and penalties. Promissory lVote ® Other Terms. Promise to Pay.For value received,I promise to pay to you,or your order,at your address above,the principal sum of$38,331.00 plus interest ham 07.24-20 10 at the rate of 9.500 %per year until 03.23.2030 interest accrues on a PERIODIC basis. I agree to pay late charges in accordance with the provisions shown in the 11cmi7ation of Amount Financed Truth-in-Landing Disclosures. The purpose of this loan is PURCHASE Amount given to me directly $ MOBILE HOME Payment.I will tray this note as follows: Amount paid an my(loan)account $ 240 MONTHLY PAYMENTS OF$357.30 BEGINNING 04-23-2010. $ Amount Paid to others on my behalf(You may retain or receive a portion of these amounts.) To insurance companies S To public officials S SEE DISBURSEMENT AUTHORIZATION s_ 38.33100 S (less)Prepaid Finance Charges) S 2.580.00 Amount Financed $_ 35.741.00 Post-Maturity Interest.Interest will accrue after maturity on the unpaid Security Agreement balance of this note on the same basis as interest accrues before maturity, unless a specific post-rnamrity interest rate is agreed to in the next sentence. Security.To secure the obligations of the Loan Agrcanar„I glitz• ❑interest will accrue at the rate of %per year on the balance you a a interest in the P of this note nes paid at maturity,including maturity by acceleration. security Property described below: ®Additional Finance Charge.1 also agree to pay a nonrefimdable fee A USED 1997 FLEETWOOD 66'X 28'MOBILE HOME,SERIAL# of S2,590,00 and it will be®paid in cash. ED paid pro rata ova PAFLT22AB10386OK13,LOCATED AT:22 BIG SPRING TERRACE,NEWVILLE,PA the loan term. ❑withheld frorn the proceeds. (If this fee is withheld from 17241 the proceeds,the smount is included in the principal gum.) ❑Minimum Finance Charge. I agree to pay a minimum finance charge of$ if I pay this note off before you have earned that much in finance charges. ❑ A8 Debts.The property will also serve es collateral for ❑Rah payload Payment Fra.1 mgt is p pay a)retire ed ump of$ a0 present and future debts. for each payment(cheek or automatic payment)returned vapaid. ❑ Other Security.This Loan Agreement is secured by E,C�r�Tyu Simple Interest Note,Disclosure,and Security Agreement Consumer. opn-Not for Open-E IBR 2002 Bankers Systems,Inc.,St Cloud,MN Form NDaS-SI-PA 6/1/2002 V02009.4.1 Pa Additional Of the ' Note Waivers.To the extent not prohibited by law,I waive protest,presentment for payment,demand,notice of acceleration,notice of intent m accelerate, Definitions.As used in this Loan Agreement,®indicates terms that apply to and notice of dishonor. You may renew or extend payments on this Loan this Loan Agreement.Loan Agreement refers to this Promissory Note,Security Agreement,regardless of the number of such renewals or extensions. You Agreement,and Truth in Lending Disclosures,and any extensions,renewals, may release any Borrower,endorser,guarantor,surety,accommodation modifications,and substitutions of this Loan Agreement.Loan refers to this maker,or any other cosigner. You may release,substitute,or impair transaction generally,including obligations and duties arising from the terms of any Property securing this Loan Agreement. all documents prepared or submitted for this transaction,such as applications, Collection Expenses and Attorneys'Fees.On or after Default,to the security agreements,disclosures,or notes,and this Loan Agreement.Security extent permitted by law,I agree to pay all reasonable expenses of collection, Agreement refers to the security agreement contained within this Loan enforcement,or protection of your rights and remedies under this Loan Agreement.Secured Deber refers to all sums advanced to you under the terms ofAgreement.Expenses include,but are not limited to,attorneys'fees,court costs the Loan Agreement,and all present and future debts(f the All Debts subsection if of the Security Agreement has been checked). The pronouns 1,me and my and other legal expenses.These expenses ere due and payable immediately,atopae refer ro each Borrower signing this Loan Agreement,individually and together not paid immediately,these provided will bear interest from the dare m payment with their heirs,successors and assigns,and each other person or legal entity until Patel lA full at the rate provided!m the terms of this Lom Agreement. e?; All fees and expenses will be secured by the Property i have granted you,if (including guarantors,endorsers,and sureties)who agrees to pay this Loan any,To the extent permitted by the United States Bankruptcy Code,I agree to Agreement. You and your refer to the Lender and its successors and assigns. Advance Procedure And Means.You will advance the loan proceeds b pay the reasonable ecce exercisinallomeys'g fees you incur to collect this debt. awarded P Y by any court exercising jurisdiction under the Bankruptcy Code. way of.check,rash,wire transfer,credit to an account or any combination General Provisions.This Loan Agreement is governed by the laws of as you and I agree. The advance(s)will occur upon consummation of the Pennsylvania the United Stara of America,mid to the extent requited,by the loan and as you and I agree,except that no advance(s)will occur until laws of the jurisdiction where the Property is located.If two o more Borrowers alter three business days frons the date of cdmsumniation if the loan is sign this loan Agreement,we are liable to repay jofmdy and severally.This rescindable pursuant to Regulation Z(12 C.F.R.§226). Loan Agreement is the complete and final expression of our agreement.No Payments.Unless otherwise provided in the tatter Terms section,each modification of this loan Agreement is effective unless made in writing and payment 1 make on this Loan Agreement will be applied first to any charges signed by me and you.The duties and benefits of tris Lone Agieement will I owe other than principal and interest,then to interest that is due,and bind and benefit the successors and assigns of me and you. If any provision finally to principal that is due. No late charge will be assessed on any of this Loan Agreement is unenforceable,then the unerifoce"provision payment when the only delinquency is due to late fees assessed on earlier will be severed and the remaining provisions will be enforceable. payments and the payment is otherwise a full payment. The actual amount Unless otherwise required by law,say notice will be given by delivering it of my final payment will depend on my payment record. or mailing it by first class mail to my last known address.Notice to one Interest. Interest will accrue on the unpaid principal balance until paid in pony will be deemed to be notice to all patties.When a notice is required,I full. For interest calculation•the accrual method will determine the number of agree that 10 days prior written notice will be reasonable notice to me under days in a year.The interest rate and other charges on this Loan Agreement the Uniform Commercial Code or other applicable state law. will never exceed the highest rate or charge allowed by law for this loan. If I will provide you any financial statement or information you request. the amount collected is found to exceed the highest rate or charge allowed, All financial statements and information I give you will be correct and you will refund an amount necessary to comply with the law. complete. My name and address amy exact legal name and my Post-Matutty Interest. Interest will accrue on the principal balance remaining are ng principal residence. 1 will provide you with at teas[30 days notice unpaid after final maturity at the rate specified in this Loan Agreement.For prior to changing my name or principal residence. purposes of this section,final maturity occurs on any of the following dates. Any provisions that appoint you as an agent are not subject to the •If this Loan Agreement is payable on demand,on the dateprovisions of 20 Pa.C.S.A.Section 5601 et seq. (Chapter 56;Decedents, you make demand for payment. Estates and Fiduciaries Code). By exercising any of your rights under •If this Loan Agreement is payable on demand with alternate payment this now,you do so for your sole benefit. date(s),on the date you make demand for payment or on the final I agree to sign,deliver,and file any additional documents;or certifications that alternate payment date,whichever is earlier. •On the date of the Iasi scheduled payment of principal. You may consider necessary to perfect,continue,and preserve my obligations P Ym P P order this Loan and to confirm your lien status on any Property. •On the date you accelerate the due date of this Loan Agreement (demand immediate payment). Additional Terms of the Security Agreement •Upon the entry of judgment on this nae and applies to amounts owed under this note or under any such judgment until paid in full. Generally.property means any collateral described in this Loan Agreement Prepayment. I may prepay this Loan Agreement in whole or in in which I have an interest,now or in the future,wherever the Property is or part at any time. Any partial prepayment will no excuse any later will be located,and all proceeds and products from the Property. Property scheduled payments until 1 pay in full. includes all parts,accessories,repairs,replacements,improvements,and Commisaions- I understand and agree that you(or your affiliate)will earn accessions to the Property;any original evidence of title or ownership;and all commissions or fees on any insurance products,and may earn such fees obligations that support the payment or performance of the Property. on other services that I buy through you or your affiliate. If the All Debts subsection is checked,the Property also secures all present Warranties and Representations. 1 have the and future debts,even if this Loan Agreement is not referenced in the debt p power and authority to enter into instrument,the fugue debts are also s� other collateral,or if the future this Loan Agreement.The execution and delivery of this Loath Agreement will ni'. not violate any agreement governing me or my property,or to which I am a Party. debt unrelated o 0 ofmmitmea different type than sus debt.Nothing this Loan Agreement is a cont to make fume loans or advances.This Loan I own all of the Property,unless otherwise agreed and disclosed to you in Agreement will not secure any debt for which you fail to give any required writing.Your claim to the Property a ahead of the claims of any other creditor, notice of the right of rescission(i.e.,right to cancel),or any debt for which a Tas disclosed in writing to you prior to any advance on the Secured Debts. non-possessory,non-purchase money security interest is created in household etty has not been and will not be used for any purpose that would goads in connection with a consumer loan,as those tams are defined by violate any laws or subject the Property to forfeiture or seizure. federal law governing unfair and deceptive credit practices. Default.Subject to any limitations in the Real Estate or Residence Security Purchase Money Security Interest. If this is a purchase money loan(the loan section,I will be in default if any of the following occur. proceeds are used to purchase the collateral),I authorize you,at your option,to •I fail to make a payment when due, disburse the loan proceeds directly to the seller of the Property.The porton of •I fail to perform any condition or keep any promise of this or the Property purchased with loan proceeds will remain subject to your purchase any agreement 1 have made with you. money security interest until the Secured Debs are paid in full.Payments on Remedies.Subject to any limitations in the Real Estate or Residence any no-prirchwe money loan also secured by this Security Agreement will Securitysection,after I default,and after you give anlegally required not be applied to the purchase money ban. Payments on the purchase notice nd opportunity to cue the default, may at your optic loan will be applied first to the non-purchase money portion of the t,if any. db any one on more of the following, and then to the Pmehase money porton in the order in which the purchase •Make all or any part of the amount owing by the terms money Property was acquired. If the purchase money Property was acquired of this loan Agreement due, at the same time,then payments will be applied in the order you select. No •Use an and all remedies security interest will be terminated by application of this formula. y you have under stare or federal law,or in Waivers.I waive all claims for loss Or dam age any instrument securing this Loan Agreement. where you acted reasonably and in good faith.I caused ve all rights 1 have now or in • acts or omissions Make a claim for any and all insurance benefits or refunds that the fume to a homestead or personal property exemption in the may be available on mY default. Y- •Set off any amount due and payable under the terms of this Loan Agreement Assumptions.Someone buying the Property cannot assume the against my right to receivemoney from you,unless prohibited bylaw. obligation. You may declare the entire balance of the loan Agreement to be immediately due and payable upon the creation of,or contract for •Make amounts advanced on my behalf due and add those amounts to the the creation of,a transfer or We of the Property. balance owing under the terms of this Loan Agreeatem perfection of Securit Interest.1 authorize•Require me to gather the Property and make it available to you in a reasonable v you to Inc a financing fashion(unless prohibited by law);keep or dispose of the Pr as provided statement covering the Property. 1 agree to comply with,facilitate, b law; the Property and otherwise assist you in connection with perfecting your security Y aPWY irroceeds to your expenses of collection and enforcement interest under the Uniform Commercial Code. and then to the Secured Debts;and,unless prohibited by law,and following any required notice of deficiency,hold me liable for any deficiency if what Dirties Toward Property.1 will protect the Property and your interest you receive from the sale does otx satisfy the Secured Debts. against any competing claim. Except as otherwise provided in this Loan By choosing any one or more of these remedies you do no give up Agreement,I will keep the Property in my possession at the address Your right to rue any otter remedy. You do not waive a default if t if yes: r and use it in this Loan Agreement. I will keep the opepu in Saw r only for personal,family,or householdparposa. I will choose not to use a remedy. By electing not to use any remedy,you do not waive your right to later consider the event a default and to use immediately inform you of any loss or damage to the Property. You have any remedies if the default continues or occurs again. the right of reasonable access to inspect the.Property. Real Estate or Residence Security.If this loan Agreement is secured I will kap books.records•and accounts about the Property and my assets by real estate or a residence that is personal property,the existence of a in general'to which I will allow you reasonable access. 1 will pay all taxes default and your remedies for such a default will be determined by applicable and assessments levied or assessed against me or the property. I will not sell, law, the terms of an s g rtry interest lease•license,or otherwise transfer or encumber the Property without your by y separate instrument and cream the security prior written consent.You do riot authorize any sale or other disposition of the and,to the extent ria prohibited by law and no contrary to the terms of the separate security instrument,by this Loan Agreement. Property-Any We or disposition you do not authorize will violate your rights. If I pledge the Property to you(deliver the Property into your,or you designated third party's possession or cOoLK f win.upon receipt,deliver any Proceeds and products of the property to you. I will provide you with any notices.documents.financial statements,reports,and other information relating to the Property 1 receive as the owner of the Property. EKIS rte.°Simple Interest Note,Disclosure,and Security Agreement Consu Lo Net for Open-End Credit e 2002 Bankers Svelte me,Inc.,St Cloud,MN Form NDaS51-PA est 12002 Pages 2 r 90000538299 Insurance.I agree to keep the Property insured against the risks reasonably ❑Single Interest Insurance. I may obtain single interest insurance associated with the Property until the Property is released from this Security from anyone i want that is acceptable to you. if 1 get the instnance Agreement,i may provide the required insurance through an existing policy from or through you 1 will pay$ of insurance that 1 own or control,or through a policy that i buy. I have free choice in the selection of an insurance company,subject to applicable for of coverage. law. I will maintain this insurance in the amounts you require and have the ®Property Insurance. I may obtain property insurance from insurance company name you as loss payee on any insurance policy. I will anyone I want that is acceptable to you. If I get the insurance from give you'and the insurance company immediate notice of any loss. You may apply the insurance proceeds toward what is owed on the Secured Debts. if or through you I will pay S for the insurance proceeds do not cover the amounts I owe you,I will pay the difference.You may require additional security as a condition of permitting of coverage. any insurance proceeds to be used to repair or replace the Property. If you a �,r'Ihe Property in damaged condition,my rights to any insurance policies , v Disclosure and proceeds will pass to you to the extent of the Secured Debts. I will immediately notify you of cancellation or termination of insurance. Product refers to any insurance product or annuity I purchase from you.With I am required to maintain insurance on the Property to protect your regard to any Product I purchase from you,the following apply. interest.If I fan to maintain the required insurance,or fail to provide you 'The Product is not a deposit account or other obligation of any depository with evidence of insurance,I understand and agree to the following. institution or any affiliate of any depository institution. •You may(but are not required to)place Insurance on the Property to •The Product is not guaranteed or insured by any depository institution protect your interest,which will not cover my equity in the Property. or any affiliate of any depository institution. •The Product is not insured by the Federal Deposit Insurance • The Insurance you provide may be written by a company other Corporation(FDIC). then one I would choose and may be written at a higher rate than I could obtain If I purchased the insurance. The Product,accept in the case of Federal Flood insurance or Federal Crap •I will pay for the cats of any Property Insurance you provide. insurance,is not insured by any federal government agency. ❑ If this box is checked,there is investment risk associated with Authority to Perform. I authorize you to do anything you deem reasonably the Product,including the passible lose of value. necessary to protect the Property and your security interest in the Property. If i fail to perforin any of my duties under this Loan Agreernent,you are By signing,1 acknowledge that i have received a copy of this disclosure authorized,after providing trine with any required notice and opportunity to on today's date. Unless these disclosures arc provided elecrrnically perform,to perform the duties or cause them to be performed and add the costs or i have purchased the Product by mail,I also acknowledge that you of performance to the Secured Debts.These authorizations include,bn are not have provided these disclosures to me orally. limited to,permission to pay for the repair,maintenance,and preservation of the Property and taking any action to obtain or preserve the benefits and rights of the Property.Your authority to perform for me will not create an obligation to perform and your failure to perform will not preclude you from exercising any X Date other rights tinder the law or this Security Agreement.If you come into actual or constructive possession of the Property,you will preserve and protect the Property to the extent required by law.Your ditty of care with respect to the X Date Property will be satisfied if you exercise reasonable care in the safekeeping of the Property or in the selection of a third party in possession of the Property. Third Party Agreement X Date For the purposes of the provisions within this enclosure,1.me or my means the r person signing below and you means the Lender identified in this Loan Agreement. I agree to give you a security interest in the Property that is described in the You(the cosigner)are being asked to guaranty this debt. Think Security Agreement section.I agree to the terms of this Loan Agreement,but i carefully before you do. If the borrower doesn't pay the debt,you am in no way personally liable for payment of the debt.This means that ifthe will have to. Be sure you can afford to pay if you have to,and Borrower defaults,my interest in the secured Property may be used to satisfy the that you want to accept this responsibility. Borrower's debt. I agree that you may,without releasing me or the Property You may have to pay up to the full amount of the debt if the from this,third borrower does not pay. You also may have to pay late fes or f Party Agreement and without notice or demand upon me,extend collection costs,which increase this amount. new credit to any Borrower,renew or change this Loan Agreement one or more The creditor can collect this debt from you without first trying to collect times and for any term,or fail to perfect your security interest in,impair,or from the borrower.The creditor can use the same collection methods against release any security(including guaranties)for the obligations of any Borrower. you that can be used against the borrower,such as string you,eft.U this 1 have received a completed copy of this Loan Agreement. debt is ever in default,that fact may become part of your credit record. X• This notice is not the contract that makes you liable for the debt. By signing,I agree to the terms contained in this Loan Agreement.i also Attach FTC"Preservation of Consumer Claims and Defenses" ackuowIedgt receipt of a copy of this Loan Agreement on today's date. Notice if Applicable. Cosigners.See Notice to Cosigner above before signing. NICOLE A.EYANS Credt Insurance.Credit life,credit accident and sickness(disability),and any other insurance coverage Booted below,are not required to obtain credit and you 'X will not provide them unless I sign and agree to pay the additional premium. if I want such msrrance,you will obtain it for me(if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Lite X Premium $ — ❑Single❑Joint ®None Tam Credit Disability (Optionap Premium $ ❑Single El Joint ® None Signcd For Lender Term rine Premium S ❑Single❑Joint ❑ None Term Signature.My signature below means I want(only)the insurance coverages) quoted above.If"Nome"is checked,I have declined the coverage you offered. X —DOB - X DOB X DOB N 'r� Simple Interest Note,Disclosure,and Security Agreement Consumer Loan-Not for Open-End Credit ' ra Systems.Inc.,St.Cloud,MN Form N0aS-S1-PA 611/2002 Page 3 of 3 0000538209 HAMPDEN BANK B d43 •m December 9,2013 Nicole A.Evans 22 Big Spring Terrace Newville,PA 17241-9107 First Class Mail and certified Mail/Return Receipt: RE: Manufactured Home Loan Collateral: 1997 Fleetwood 66 x 28 ID#PAFLT22AB103860K13 Account#9000538299 Amount Due: $766.30 Dear Ms.Evans: You are hereby advised that unless you cure your delinquency with in third five days J35,),January 14,2014 from receipt of this letter,we may repossess the above described collateral without any further notification. We recommend that you contact our office to make payment arrangements. Your default consists of: (X)Failure to make payment in the amount of$766.30 including monthly payments and late charges.If payment became due before you cure the default,you must add the amount necessary to cure the default. Payments must be made by certified check,money order or cash. No personal checks accented. (X)Failure to make ground rent payments. If repossession of your collateral takes place,you should be advised that you have certain rights as stated in Pennsylvania Uniform Commercial Code. These rights may include, but not limited to: (A)Your right to redeem and take possession of the collateral; (B) Your right to resume the performance of the loan agreement;and(C) Your right to demand the sale of your collateral at a public auction. If repossession takes Place and you have the right to redeem the collateral,you will have 15 dans in which to exercise that right. Your immediate attention in this matter is expected. Please contact me at(413)452- 5135,Monday through Friday 8:30 am to 4:30 pm. Sincerely, Susan K. Gromaski Collection Administrator Agawam•Indian Orchard• Longmeadow•Springfield•West Springfield•Wilbraham EXHIBIT hampdenbank.com g Customer Support Business Banking Services 413.736.1812 413.452.5140 • Ci I 40, . , . Ln Ln - •@ d �'m � m,'� m � 111 ¢' = ROO .cc ITI • .. Q d ..X:• �] Q ci v Q � Q � I . v Ln E • 'o.E. r' Q� ri r Elm= �JJ r co CP HAmPDEN BANK 844dny6 kfm&�At he4z, April 24,2014 Nicole A.Evans 22 Big Spring Terrace Newville,PA 17241-9107 First Class Mail and certified Mail/Return Receipt: RE: Manufactured Home Loan Collateral: 1997 Fleetwood 66x28 ID#PAFLT22AB 103 860KI 3 Account#9000538299 Amount Due: $717.10 Dear Ms.Brickman: You are hereby advised that unless you cure your delinquency with in thirty rive days (35),May 30,2014 from receipt of this letter,we may repossess the above described collateral without any further notification. We recommend that you contact our office to make payment arrangements. Your default consists of: (X)Failure to make payment in the amount of$717.10 including monthly payments and late charges.If payment became due before you cure the default, you must add the amount necessary to cure the default. Payments must be made by certified check,money order or cash. No personal checks accented. (X)Failure to make ground rent payments. If repossession of your collateral takes place,you should be advised that you have certain rights as stated in Pennsylvania Uniform Commercial Code. These rights may include, but not limited to: (A) Your right to redeem and take possession of the collateral; (B) Your right to resume the performance of the loan agreement; and(C)Your right to demand the sale of your collateral at a public auction. If repossession takes place and you have the Arit to redeem the collateral,you will have 15 days in which to exercise that right. Your immediate attention in this matter is expected. Please contact me at(413)452- 5135, 52- 5135,Monday through Friday 8:30 am to 4:30 pm. Sincerely, Susan K.Gromaski Collection Administrator EXHIBIT Agawam-Indian Orchard •Longmeadow-Springfield-West Springfield•Wilbraham hampdenbank..com Customer Support Business Banking Services idential Leading 413.736.1812 413.452.5140 413.452.5120 MV-217A (4-14) 4 pennsylvania DEPARTMENT OF TRANSPORTATION www.dmv.state.pa.us APPLICATION FOR CERTIFICATE OF TITLE BY A FINANCIAL INSTITUTION OR DEALER AFTER DEFAULT BY OWNER Title Must Be Attached For Department Use Only NOTE: This application may only be Used by Financibl Institutions and Vehicle Dealers who are licensed by the Department of Banking. Your ABA/FIN or DIN number(if applicable)must be listed below. A VEHICLE AND OWNER INFORMATION Title Number! 1 Name of Vehicle Owner as Shown on Attached Titer- B VEHICLE IDENTIFICATION NUMBER VERIFICATION -(NON-PA TITLE ONLY) Ii.TAX,TITLE AND REGISTRATION FEES NOTE: If an out-of-state title is attached to this application,a tracing of the vehicle's identification If applicable,use back of Forms MV-1 or MV-4ST to number must be affixed in the space provided.If a tracing canriot be obtained,the vehicle's determine proper sales tax exemption information. identification number must be verified by a certified inspection mechanic or authorized notary NOTE:Only the purchaser listed in Section E must public in the appropriate spaces below. complete the following appropriate blocks. TAPE VIN PURCHASE PRICE TRACING HERE (See note on reverse) --71DINIMECHANIC If Authorized Notary Public,or Certified Inspection Mechanic(Print Name) TAXABLE AMOUNT I CERTIFY THAT A LEGIBLE TRACING CANNOT BE Authorized notary public or certified inspection mechanic sign here. 1,x6%(A6)SALES TAX SECURED AND THAT THE ABOVE VIN IS CORRECT x7%(.07)Allegheny Co,residents C REPOSSESSOR'S INFORMATION k8%(.08)City of Philadelphia residents. Repossessing Lienholder's Name(as listed on face of title) ABAIFIN or DIN(if applicable)-must be listed 1A. EXEMPTION REASON CODE ' / (Must be a numbet from 1 to 0 "(6 26 or 0) Street Address 1B. EXEMPTION NUMBER City 1 Slate Zip Code 2.Title Fee r IL D REPOSSESSOR'S INFORMATION _ 3.Lien Fee Repossessing Lienholder's Name(as listed on face of title)and ABA/FIN or D114(if applicable)must be listed Check the appropriate box below indicating which option you are proceeding under: 4.Registration or Processing Fee U 1.Renunciation(Repossessor Must Take Title) O 3.Mobile Home U 2.Non-Judicial Sale or Repossession and Retention(M.V.S.F.A.) E PURCHASER INFORMATIONExact[ shown in Section A on reverse side of title Fee Exempt Number as assigned INFORMATION(Exactly a+� ) by the Department INVe certify,to the best of my/our knowledge,that the odometer reading is__ ___miles and reflects the actual mileage of the vehicle,unless one of the following boxes is checked: 5.Duplicate Registration Fee • Reflects the amount of mileage in excess of its mechanical limits No.of Cards U Is NOT the actual mileage(Warning:Odometer discrepancy) " WARNING:Federal and Stale laws require that you stale the mileage in connection with the transfer of ownership, 6. Transfer Fee ' Failure to complete or providing a false statement may result in fines andlor imprisonment. Last Name)r f II business name) First Nam Middle Name .PA DUPhoto toil or Dale of Birth Bus,ID# 7, Increase Fee Co-Purchaser First Name Middle Name PA DUPhoto ID#or Date of Birth 8• Replacement Fee Bus,to# Street Ad dress`/It t City I � 'rj Lf Y f ' ��• L t TOTAL PAID. CountyStAdd 1 thru 8 ale Zip Code Date AcquiredlPurchased r //� e) •i 1 e�� !?� t•' jJ �J '7 Send(One Check in This _ Dealer ID umber('if applicable) Financial Institution Number(if applicable) Amount NOTE:I1 a co-purchaser other than your spouse is listed and you want the title to be listed as'Jpint Tenants With Right of Survivorship"(On death of one owner,title goes to surviving owner.) CHECK HERE n.Otherwise,the title will be issued as"Tenants in Compton"(On death of one owner,interest of deceased owner goes to hislher heirs or estate.). F SIGNATURES •Ilwe acknowledge that Ilwe may be sub)ect to a line riot exceeding 55,000 and imprisonment of not more than two years for any[else statement that Itwe make on this application,and Ilwe cedify that IMe have examined and signed this application after Its completion;and,that if an exemption from payment of sales lax Is claimed,I am/we are oullivized to claim this exemption,INVe further certify that all statements herein are true and correct and make application for _ certificate of title for the vehicle described in Block A. REPOSSESSOR'S Sig a ure of Re oss or orA6 rued Signer r_+ Title of Authorized Signer _ 1 Datf; SIGNATURE (7.'��/ - (J�� l•' J tJYIY��•� (G�i C> r�� e/ PURCHASER SI na urc'f~i er orA orizdd Si ner Signature of Co-Purch a o,Title of{Au�ltolized Signer Dale SIGNATURE 3 ✓ - G Repossessor's Ce ifit io/n Information certify that the ov 111enholder named kr this dor:ument has repossessed the bd'e de gibed motor vehicle or mobile home upon default according to the erns of the security agreement and has.com regulations of Pnmsylvania. of EMBR ,1 REPOSSESSOR'S Signalus Repos sor or A thori_ed Sigi //�' Date Afr�a v SIGNATURE haled- _ f Roossessor r Authorized Signer •- 1 _Ed Till-of hmrited Signe( S II _. ..... _. __. ...._ ... . _._.. .. . _. . .... ... _.... _. .. ..__. . ........._... .. ............. .. ._ ......_....... -- i Cb f. •`•f t �r ky F� i F����' t �' � t x I�. '. % yip. �.. . �,. t .. �1�4•'y s7 .,. A ZA.Cl r OVA Mt w ..0 As j; 58001905 I I i EXHIBIT i An employee of an Issuing agent Ilcensed as a vehicle dealer by the Pennsylvania State Board of Vehicle Manufacturers,Dealers and Salespersons may verily,a person's signature In Wu of notarlzaWn. A; } c. Orr hs .41 19 �' 9 w 1 S m k 4in. rM iv ti taTW :rJ a e' !C Q a K• 9V3 MCB. "lb H9 Y! �, (eooroi7 rnw i �r Donald B. Hoyt retired Charles A.Rausch Donald H. Yost DavidLebec DavidA, Mills John J. Baranski.Jr. MR Albert G. Blakev David B. Schaumann (1929-2012) Jessica S. Littre Blakeyjcst,Kipp&Rausch.Wkl- David WTn. Bupp - -2010) Attorneys at Law (19'8 Joseph C. Korsak* Lubor of Counsel September 17,2014 oQ Newville Borough Police Department 27 West Big Spring Avenue Newville,PA 17241 Re: Nicole Evans-Moose/Hampden Bank 22 Big Spring Terrace,Newville,PA To Whom It May Concern: Please be advised that my client, Hampden Bank,has lawfully repossessed a mobile home in 22 Big Spring Terrace,Newville, PA 17241,formerly titled in the name of Nicole A. Evans. You are receiving this notice pursuant to Section 623(h)of the Pennsylvania Motor Vehicle Sales Financing Act. If you have any questions, please feel free to contact me. Very—truly—y-d- s aranski,Jr BLAKEY, YOST,BUPP &RAUSCH,LLP JJB-jbl Cc: Hampden Bank Celebratim Over 30 Years of ExcAencc 77 EXHIBIT 17 East Market Street, York PA 17401 717-845-3674 Fax 717-854-7839 1 Visit our website at www,bl-,tkeN,-Yosi.com 1 Donald 13, Hoyt retiTed Charles A. Rausch Bnadleyk Leber Donald H. Yost David A. Mills John J. Baranski.Jr. MR Albert G. Blakey David B. Schaumann (1929-2012) Jessica S. Litke Blakey,Yost,Bupp&Rausui,LLP David WTn. BUM Attorneys at Law (1938-20 10) Joseph C. Kor�ak* *LLAI, 1,,ibor of Counsel September 17,2014 CERTIFIED MAIL and U.S.FIRST CLASS MAIL Nicole Evans-Moose 22 Sprig Terrace Newville, PA 17241 Re: 1997 Fleetwood Mobile Home 66 x 28 VIN#PAFLT22ABI03860K13/Hampden Bank NOTICE OF REPOSSESSION Dear Ms Evans-Moose: I am counsel for Hampden Bank. Pursuant to the Motor Vehicle Sales Finance Act please accept this letter as formal"Notice of Repossession"of the above-referenced mobile home. Please be advised my client,Hampden Bank,intends to resell the mobile home fifteen (15)days from the date of this letter by private sale. The mobile home is presently stored at 22 Spring Terrace,Newville,PA 17241. Any personal property that you have left in the mobile home will be held for thirty (30) days from the date of this letter and you can reclaim that property within thirty(30)days. After that,the property will be disposed of. I trust you will give this matter your prompt attention. John J.Baranski,Jr. BLAKEY, YOST,BUPP&RAUSCH,LLP JJBjbl Cc: Hampden Bank Ccle6ratin�) Over 3o Years of ExAfence EXHIBIT 17 East Market Street,York PA 17401 717-845-3674 Fax 717-854-7839 Visit our website at w",\N,.blakeNryos1.eom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW HAMPDEN BANK, No. PLAINTIFF VS. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, DEFENDANT Action in Replevin CERTIFICATE OF SERVICE I hereby certify that on this day of 014, a copy of the foregoing Motion in Replevin was served by first class mail,postage prepaid on the following: Nicole A. Evans, aka Nicole A. Moose 22 Big Spring Terrace Newville, PA 17241 BL , YOST UPP &RAUSCH, LLP By: Baranski, Jr., Esquire preme Ct. I.D.No. 82585 17 East Market Street York, Pennsylvania 17401 jbaranski@blakeyyost.com (717) 845-3674 Attorney for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAMPDEN BANK, vs. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, CIVIL ACTION — LAW Plaintiff Defendant No. Pk" 73 / / dad Action in Replevin ORDER SCHEDULING HEARING ON WRIT OF SEIZURE /47f AND NOW, this day o 2014, upon consideration of the attached motion for writ of seizure, a hearing on the motion is scheduled forAt am l , 2014, at 1; 3 in Courtroom / of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Notice of the hearing substantially in the form provided by Pa.R.C.P. No. 1353, shall be served upon the defendants as provided by Pa.R.C.P. No. 1075.1. BY THE COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW HAMPDEN BANK, No. 2014 -7311 -Civil Plaintiff vs. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, Defendant Action in Replevin AFFIDAVIT OF SERVICE I, Leslie London, a competent adult, do hereby certify that I served the Motion for Writ of Seizure, Order Scheduling Hearing, and Notice of Hearing for Seizure of Property on Defendant, Nicole Moose in the following manner as required by Pa. R.C.P. 405 and Pa. R.C.P.1075.1(d): The date of service was December 22. 2014 The time of service was 7:42 p.m. The place of service was 22 Big Spring Terrace, Newvilie, PA 17241 Manner of service was made by hand delivering a copy of the above personally on: Nicole Moose I hereby certify that the foregoing statements are true and correct to the best of my knowledge, information and belief and that this Affidavit of Service is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn to authorities. Date: Leslie I s ndo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW HAMPDEN BANK, No. 2014 -7311 -Civil c--,. riczi C`' 2'rn rn vs.' CI) r w -‹ NICOLE A. EVANS, a/k/a .< .� c, NICOLE A. MOOSE, Y �' Action in Replevin Plaintiff Defendant ORDER FOR WRIT OF SEIZURE AND NOW, this 0 day of December, 2014, upon consideration of Plaintiffs motion for writ of seizure, it is HEREBY ORDERED that the Cumberland County Prothonotary issue a Writ of Seizure for the following personal property: 1997 Fleetwood 66 x 28 having Pennsylvania Vehicle Identification Number PAFLT22AB103860K13 and Pennsylvania Title Number 50999187203EV located at 22 Big Spring Terrace, Newville, Pennsylvania. IT IS FURTHER ORDERED that the Writ of Seizure be delivered to the Cumberland County Sheriffs office anytime after January 30, 2015 for service forthwith unless Defendant brings her account with Plaintiff current, including all costs of collection, and brings her outstanding lot rent current prior to that date. 1 4 k(J . ti?a k; 1U. e.v s /l /is. BY THE COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW HAMPDEN BANK, Plaintiff vs. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, No. 2014 -7311 -Civil Defendant Action in Replevin WRIT OF SEIZURE To the Sheriff of Cumberland County: You are directed to seize the following property of Plaintiff: 1997 Fleetwood 66 x 28 having Pennsylvania Vehicle Identification Number PAFLT22AB103860K13 and Pennsylvania Title Number 50999187203EV located at 22 Big Spring Terrace, Newville, Pennsylvania If the property is found in the possession of a person not already a defendant, you are directed to add the person as a defendant, and notify the person that he or she has been added as a defendant and is required to defend the action_ - Date of Writ.ice`-,C. % "cel y -lae.i>1;en David D. Buell, Prothonotary s .419 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OvFiCGCFTA $H F;IFF PEN1,S YLVA/1I in, Hampden Bank vs. Nicole Annette Moose Case Number 2014-7311 SHERIFF'S RETURN OF SERVICE 12/23/2014 06:36 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Replevin by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nicole Annette Moose at 22 Big Spring Terrace, Newville, PA 17241. ON KINSLER, DEPUTY SHERIFF COST: $42.05 SO ANSWERS, December 29, 2014 (c) CountySuite Sheriff, Teieosoft, inc. RONR ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION — LAW HAMPDEN BANK, vs. NICOLE A. EVANS, a/k/a NICOLE A. MOOSE, No. 2014-7311 Plaintiff, Defendant Action in Replevin CERTIFICATE OF SERVICE I hereby certify that on this CD day of oS1l,lC�'.S�J , 2015, a copy of the Order for Writ of Seizure entered by the Court on December 30, 2014 was served by first class mail, postage prepaid on the following: Nicole A. Evans, aka Nicole A. Moose 22 Big Spring Terrace Newville, PA 17241 BLAKEY, YOST BUPP & RAUSCH, LLP By: Jessie L. Schaffne , azaleg: Jessie L. Schaffne , aralegal 17 E. Market Street York, PA 17401 Telephone: (717) 845-3674