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HomeMy WebLinkAbout06-1063HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, by IN THE COURT OF COMMON PLEAS assignment, FIRSTRUST BANK, now OF CUMBERLAND COUNTY by further assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff Vs. REPLEVIN MICHAEL WILLIAM CROUTZ, Defendant No.: 10L - 16Q 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 704360.1 Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse Carlisle, PA 17013 (717) 249-1133 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 704360.1 HOURIGAN, KLUGER & QUINN A 1RO1E3AI0.A1, CORFDRADON LAW OFFICES ALLAN M. KLUGED JOSEPH A OUIIJN, JR. RICHARD M. GOLDBERG ARTHUR L PICCONE 600 THIRD AVENUE RICHARDS BISHOP JOSEPH E. KLU6ER KINGSTON, PA 18704-5815 JAMES T. SHOEMAKER DONALD C. UGDRID -- MICHAEL J. KOWALSKI MICHELLE M. QUINN (570) 287-8000 RICHARD M. WILLIAMS DAVID AIKENS„IR TERRE14CE J. HERRON DAVID W. SABA FACSIMILE (570) 287_8005 JENNIEER L ROGERS' AMANDA V. WRIGHT KLOGER MICHAEL A LOMBARDO 0I MICHAEL T. SLAZICK E-MAIL hkq@hkgpGCDm OF COONSEL ANDREW UOURIGAN JR. NU9ERT C. 1,0R0ARU IO4S197. ALSO MEMEER NJ NAR February 16, 2006 Michael William Croutz 45 Sumac Lane Shippensburg, PA 17257 RE: Account No.: 03-6119 Property Address: 45 Sumac Lane, Shippensbure, PA 17257 IMPORTANT NOTICE SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 18503-9014 (570)346-8414 FACSIMILE (570) 561-5092 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITTEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 704367.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 / OFFICES THIRD AVENUE 3STON, PA 18704-5815 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN MICHAEL WILLIAM CROUTZ, Defendant No.: - 10(e3 L 1 U i L ?-? COMPLAINT The plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation ("Tammac" ), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Michael William Croutz ("Mr. Croutz"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 704387.1 2. Mr. Croutz is an adult individual having a last known address of 45 Sumac Lane, Shippensburg, PA 17257. 3. On or about May 22, 2003, Mr. Croutz entered into a manufactured home installment sale contract (the "Contract") with Countryside Village Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to an assignment (the "Assignment"), which Contract was for the purchase/sale of a 2003 Castle mobile home bearing VIN CHPA601 IA (the "Collateral"). (A true and correct copy of the Contract and the Assignment is attached hereto jointly as Exhibit "A" and incorporated herein by reference.) 4. By the terms of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Contract was assigned to Firstrust Bank, but Tammac was retained as servicing agent for Firstrust Bank. Tammac is the successor in interest to Tammac Corporation. 6. Mr. Croutz defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. Mr. Croutz is due for his January 22, 2005 payment. 8. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Croutz under the Contract. 9. Tammac believes and therefore avers that Mr. Croutz has possession of the Collateral. 700387.1 10. Mr. Croutz has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 11. The balance of the Contract as of August 4, 2005 was $40,650.62, consisting of principal in the amount of $37,680.36, accrued interest in the amount of $3,196.20 and late charges in the amount of $50.00, less a suspense payment of $275.94, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. Croutz in the amount of $40,650.62, plus interest from August 4, 2005, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Sh a er, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: February 1_(,,_, 2006 704387.1 MANUFACTURED NOME RETAIL INSTALLMENT CONTRACT PENNSYLVANIA No. Date 05/22/2003 Seller antryside Village Homes, Inc 9Lantern Lane Shippensburg PA 17257 "We" and "us" mean the Seller above, its successors and assigns. Buye Lchael W Croutz 45 Sumac Lane Shippensburg PA 17257 "You" and "your" mean each Buyer above, and guarantor. separately and tonethrr. ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amount of credit The amount you will have The total cost of your The dollar amount the provided to you or paid when you have made purchase on credit, including The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment as a yearly rate. of $ 4300.00 12.75 % $88556.50 $38052.50 $ 126609.00 $ 130909.00 Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 300 422.03 Beginning 6/22/03 and on the 22nd of each successive month thereafter. Security: You are giving a security interest in the goods or property being purchased. ? You are giving a security interest in the real property at ® Late Charge: If a payment is more than 15 days late, you will be charged 101 of payment amount Prepayment: If you pay off this Contract early, you will not have to pay a penalty. ? If you pay off this Contract early,: you will. not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home ? may subject to conditions be allowed to ® cannot assume this Contract on its original terms. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required, repayment before the scheduled date, and prepayment refunds and penalties. "e" means an estimate BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought in this sale. SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the Manufactured Home (as defined above) and, unless prohibited by law, all present and future accessions to the Manufactured Home (except that accessions will not include "household goods" as defined in the FTC Credit Practices Rule, 16 C.F.R. 444, if we do not finance the purchase of such household goods). If you do not meet your Contract obligations, you may lose your house, and the real estate described in any mortgage or deed of trust (if any). ? This Contract is also secured by a separate mortgage or deed of trust dated , on real estate, as shown in the TRUTH IN LENDING DISCLOSURES. The term "Property" means all property securing this Contract. CREDIT INSURANCE: Credit life, credit disability (accident and PROPERTY INSURANCE: You are required to insure the health or accident and sickness), and any other insurance Property securing this Contract with the following minimum coverage quoted below, are not required to obtain credit and we property insurance coverage: will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below ONLY the coverages you have chosen to purchase. Credit Life: Insured ? Single ? Joint Prem. $ n/a Term Credit Disability: Insured ? Single ? Joint Prem. $ n/a Term Name of Insurance of coverage. insurance from or through us you will pay $ n/a. 00 for You may purchase or provide the insurance through any insurance company that is reasonably acceptable to us. If you get the Liability insurance coverage for bodily injury and/or property Your signature below means you want ionly) the insurance damage caused to others is NOT included in this Contract unless coverageis) quoted above. If none are quoted, you have declined checked and indicated below. any coverages we offered. 6/13/83 Buyer d/o/b Buyer d/o/b ? The following liability insurance is included in this coverage: Buyer d/o/b Buyer d/o/b PENNSYLVANIA MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT mn'. rP 61996 Bankers Systems, Inc. SI. Cloud. MN Form RSSIMHLAZ-PA 9/22/98 ITI •_1'il Nt_V /Uage 1 o/41 1\ ^ /y ITEMIZATION OF AMOUNT FIN. *ED Manufactured Home Price $ 42245.00 (including sales tax of $-' I - Buyer Protection/Service Plan Paid to: S 1. Cash Price $ 42245.00 Manufacturer's Rebate S 0.00 Cash Down Payment $ 4300.00 - 2. Subtotal S 4300.00 Trade-In Allowance Less: Amount Owing 3. Net Trade-In $ 0.00 4. Total Down Payment (line 2 plus line 3) $ 4300.00 5. Unpaid Balance of Cash Price (line.) minus line 4) $ 37945.00 Fees Paid to Others: Paid to Public Officials - Filing Fees Only $ Paid to Public Officials - Other than Filing Fees S Insurance Premiums" S (To: (To: (To: ) Additional Finance Charge(s) Paid To Seller $ To: Buydown $ To: Additional Finance Fees $ 107.50 To: $ 6. Subtotal pine 5 plus all Fees Paid to Others) $ 38052.50 7. Prepaid Finance Charges $ 0.00 Amount Financed (line 6 minus line 7) $ 38052.50 "We may retain or receive a portion of this amount. SALE: You agree to purchase from us the manufactured home described below, together with the related services, furnishings, appliances and accessories listed below (together referred to as "Manufactured Home"). Your purchase of the Manufactured Home is subject to the terms of this Contract. "Contract" means this document and any separate document that secures this Contract. Manufacturer Castle Model Name & Number Year 2003 Serial Number Length Width Color ® New CHPA 6011A 80' 14 ? Used Services, furnishings, appliances, and accessories include: ? Tires and Wheels ? Axles ? Refrigerators. ? Oven/Range ? Washer ? Dryer ? A/C Unitls) ? Skirting ? Awningls) ? Accessory Shed ? Services ? Other Location of Manufactured Home after delivery to Buyer: 45 Sumac Lane Shippensburg PA 17257 Description of Trade-In: 01996 Bankers Systems. Inc_ St. c,ud. MN Form. RSSIMHL Z-PA 9/22/98 ?BUYER PROTECTIk SERVICE PLAN: With your purchase of the Manufactured Home, you have elected to purchase the following optional buyer protection or service plan ("Plan"): The Plan covers and will be in effect 05/22/2003 , See the Plan documents for details. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ 36052 .50 , plus interest on the unpaid balance at the rate(s) of 12 . 75 per year until the final scheduled payment date. Interest will begin to accrue on 05/22/2003 and will accrue on a 360 day basis. After the final scheduled payment date, or after you default and we demand payment, we will earn interest on the unpaid principal balance at the rate of X2_.'75 % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms of this Contract. A late charge, if provided in the TRUTH IN LENDING DISCLOSURES, will be imposed only once on a late payment. A late charge will not be collected on the final scheduled payment, but interest will continue to accrue at the applicable contract rate. ? ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of $ that will be E] paid in cash. ? financed (see ITEMIZATION OF AMOUNT FINANCED). ? paid proportionally with each payment. DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before today's date, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. ? ESCROW: You ? may, but are not required to ? must pay certain expenses and fees from an escrow account. If an escrow account is established, it will be governed by a separate agreement. GENERAL TERMS: You agree to purchase the Manufactured Home over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount you will pay may be more or less depending on your payment record. The law of Pennsylvania will govern this transaction. It is also governed by applicable federal law and regulations, including the preemption of state usury laws. The federal Alternative Mortgage Transactions Parity Act may also apply. We do not intend to charge or collect any interest or fee that is more than the applicable law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the principal balance, and we will refund any excess if you have paid this Contract in full. You understand and agree that some payments to third parties as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. If any provision of this Contract is not enforceable, this Contract will remain enforceable without such provision. If we agree with you to any exceptions to the promises or assurances in this printed Contract, such agreement must be in writing and signed by us. PREPAYMENT: YOU MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. Any partial prepayment will not excuse any later scheduled payments until you pay in full. You may obtain from us, or the insurance company named in your policy lot certificate of insurance), a refund of any unearned insurance premiums. sp1 •lki /page 2 of 4/ ADDITIONAL SECURITY: You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest, real estate mortgage, or deed of trust in the Property, you agree to the following: A. You will defend our interests in the Property against claims made by anyone else. You will do whatever is necessary to keep our claim to the Property valid. B. The security interest you are giving us in the Property comes ahead of the claim of any other creditor. You agree to sign any additional documents or provide us with any additional information we may require to keep the priority of our claim to the Property. You will not do anything to change our interest in the Property. C. You will keep the Property in your possession in good condition and repair. You will use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, the Manufactured Home will be located at the "Location of Manufactured Home after delivery to Buyer" provided in this Contract. D. You will not try to sell: or. transfer any rights in the Property without our prior written consent. E. The Manufactured Home will remain personal property until. this Contract is paid in. full. Unless we give you prior written consent, you will not allow the Manufactured Home to become a part of real estate or to otherwise lose its treatment as personal property under applicable law. . F. You will pay all taxes, fees, expenses, and assessments on the Property when due. G. You will notify us of any loss or damage to the Property. You will provide us reasonable access to the Property for the purpose of inspection. DEFAULT: You will be in default on this Contract if any one of the following occurs (except as prohibited by law): A. You fail to make a payment when it is due. B. You fail to perform any obligation that you have undertaken in this Contract (which includes doing something you have agreed not to do). If you default, you agree to pay our reasonable attorneys' fees, beginning with the commencement of legal action, and up to $50 incurred after the NOTICE OF DEFAULT and before commencement of a legal action las provided in Pa. Stat. Ann. tit. 69 § 623) and fees for repossession, repair, storage, and sale.of the Property securing this Contract. If an event of default occurs as to any one of you, we may exercise our remedies against any or all of you. NOTICE OF DEFAULT: If you are in default, we will send you a Notice of Default and Notice of Right to Cure Default ("Notice") when required by law. The Notice will explain why you are in default and how you can cure it. We will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you the Notice and any cure period it describes has passed. We may not be required to send you a Notice if (1) you have abandoned the Manufactured Home, t21 you received two Notices in the prior one-year period, or (3) other extreme circumstances exist. 0 1996 Bankers Systems, Inc., Si Cloud, MN Farm R591MHL PA 9/22/98 After repossession you may have additional (but limited) rights under Pa. Stat. Ann. tit. 69 § 623 to reinstate this Contract any time up to the date of transfer of title to the Manufactured Home, by paying the installments in default without acceleration, plus any other obligation which you have not fulfilled, without acceleration, plus our costs and fees allowed by the law cited. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law, this Contract, and any separate personal property security agreement, real estate mortgage, or deed of trust. Before using a remedy, we will send you any notice and wait for any cure period that the law may require for that remedy. Our remedies include the following: A. We may require you to immediately pay us, subject to any refund required by law, the entire principal balance, plus earned interest and all other agreed charges. B. We may, but are not required to, pay taxes, fees, expenses, assessments, or other liens or make repairs to the Property if you have not done so. Any amount we pay will be added to the amount you owe us and will be due immediately. This amount will earn interest from the date paid at the rate(s) described in the PROMISE TO PAY AND PAYMENT TERMS section. We may require that you establish and fund an escrow account if one is not already required. C. We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. D. We may immediately take possession of the Property by legal process or self-help, if we do so lawfully. We may then sell the Property and apply what we receive to our reasonable expenses and then toward your obligations, as allowed by law. E. Except when prohibited by law, we may sue you for additional amounts if the sale proceeds do not pay all you owe us. Paragraphs C. and D. (above) apply only to personal property security interests. If this Contract is secured by a mortgage or deed of trust, then the foreclosure of such interest may impose other duties and limitations on our rights and remedies, as provided by law and the mortgage or deed of trust. By choosing any one or more of these remedies, we do not waive our right to later use another remedy. If we do not act on an event of default, we do not give up our right to later treat that type of event as a default. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer (or such other period of time as is required by law). When real estate is the security, other rules may apply. You agree that, subject to your right to recover such property, we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. If the U.S. Department of Housing and Urban Development insures this Contract under its Title 1 Property Improvement and Manufactured Home Regulations, our right to make you pay off this entire Contract is subject to the limitations of those regulations. ??U /page 3 st a/ INSURANCE: You agree to buy insurance on the Property with the types and amounts of coverage indicated in the PROPERTY INSURANCE section, or as we otherwise require. You must name us as loss payee on any such policy. In the event of loss or damage to the Property, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. If insurance proceeds paid to us do not pay off this Contract, you are responsible for the balance. You will keep the insurance in effect until this Contract is paid in full. If the premium for property insurance is included in the Amount Financed and the insurance is canceled or terminated before this Contract is paid in full, then you agree to give us any premium refund or rebate that you receive. We will credit the refund or rebate to the amount you owe us. We may, at our option, allow you to use the refund or rebate to help pay. for replacement insurance that you purchase. If you do not keep these promises,. we may buy insurance to protect our interest in the Property. The insurance we buy may include coverages beyond those we require you to buy and maybe from a company you might not choose. The rate we pay may be higher than a rate you might have to pay if you buy. it yourself. We will add the premium for this insurance to the -amount you owe us. Any amount we pay will be due immediately. This amount will earn interest from the date paid at the applicable contract rate(s): OBLIGATIONS INDEPENDENT: Each of you who signs this Contract is independently responsible to pay it and to keep the other promises made in this Contract. This is true even if: A. Someone else has also signed it. B. We release or do not try to collect from another who is also responsible to pay this Contract. C. We release any security or. do not try to take back any Property. D. We give up any other rights we may have. E. We extend new credit or renew this Contract. WARRANTIES: We will provide. any warranty information to you separately. WAIVER: To the extent permitted by law, you agree to give up your rights to require us to do certain things. You do not give up any rights that are provided in this Contract (for example, see the NOTICE OF DEFAULT section). Unless the law or this Contract provide otherwise, we are not required to: (11 demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or, (3) give notice that we intend to make, or are making, this Contract. immediately due. NOTICE OF PROPOSED INSURANCE: If so indicated on page 1 of this Contract, credit life insurance coverage and/or credit accident and health insurance coverage will apply to this Contract. The insurance company named on page 1 of this Contract will write the insurance. The insurance covers only theperson(s) signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on page 1 of this Contract. The term of insurance will begin as of the date of this Contract and will end on the original due date of this Contract. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this Contract is prepaid before it is due, a refund of insurance charges will be made when due. ASSIGNMENT: This Contract is assigned to Assignee (identify): Tammac Corporation 275 Mundy Street Wilkes-Barre PA 18702, This assignment is made under the terms of a separate agreement made between the Seller and Assignee. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER Do not sign this Contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Buyer(qjj X N•W 5-- n-6 Signature Date X Date X Signature Date X Signature I ACKNOWLEDGE RECEIPT OF A XMOF TAI S ONTRACT: SELLER'S ?IGNATUIRE: Nafne ahd?i e Co ntr side Villa a Homes Inc Disbursement Date: (This date is for Title 1 HUD insurance purposes and may be completed after the Contract is signed to reflect the actual disbursement date, and not any estimated disbursement date. It may appear only on the original form.) 0 1996 Bankers Systems, Inc., St. Clwq MN Form RSSIMHLA2-PA 9/22/98 /page 4 p/ 4) ASSIGNMENT OF Seller Countryside Village Homes, Assignee Tammac Corporation RETAIL INSTALLMENT CONTRACT Inc 275 Mundy Street 9 Lantern Lane Wilkes Barre, PA 18702 No. Date 05/22/2003 Phone: 717-532-5700 Phone: 570-830-0265 ASSIGNMENT BY SELLER Seller sells and assigns the Retail Installment Contract and Security Agreement No. , dated 05/22/2003 - (Contract) between Seller and Michael W Croutz (Buyer) to the Assignee, its successors and assigns, including all its rights, title and interest in the Contract, and any guarantee executed in connection with the Contract. Seller gives Assignee full power, either in its own name or in Seller's name, to take all legal or other actions which Seller could have taken under the Contract. Seller warrants: A. The Contract. represents a sale by Seller to Buyer on a time price basis and not on a cash basis. B. The statements contained in the Contract are true and correct. C. The down payment was made by the Buyer in the manner stated in the Contract and, except for the application of any manufacturer's rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. D. The sale was completed in accordance with all. applicable federal and state laws and regulations. E. The Contract is valid and enforceable in accordance with its terms. F. The names and signatures on the Contract are not forged, fictitious or assumed, and are true and correct. G. The Contract is vested in the Seller free of all liens, is not subject to any claims or defenses of the Buyer, and may be sold or assigned by the Seller. H. A completely filled-in copy of the Contract was delivered to the Buyer at the time of execution. 1. The Goods, Services, Vehicle or Manufactured Home, as defined in the Contract (Property) has been delivered to the Buyer in good condition and has been accepted. by Buyer. J. Seller has or will perfect a security interest in the Property in favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand, purchase the Contract from Assignee. The purchase shall be in cash in the amount of the unpaid balance (including finance charges) plus the costs and expenses of Assignee, including attorneys' fees. Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seller. Seller waives notice of the acceptance of this Assignment, notice of non-payment or non-performance and notice of any other remedies available to Assignee. Assignee may, without notice to Seller, and without affecting the liability of Seller under this Assignment, compound or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under the Contract. ? THIS ASSIGNMENT IS WITH RECOURSE:. This Assignment is made "with recourse" and Assignee takes this Assignment with certain rights of recourse against Seller. Seller agrees that if the Buyer defaults on any obligation of payment or performance under the Contract, Seller will, upon demand, repurchase the Contract for the amount of the unpaid balance, including finance charges, due at that time. ® THIS ASSIGNMENT IS WITHOUT RECOURSE. Date: 05/22/2003 Seller Title ® 199] Bankers Systems. Inc., St, Cloud, MN (t-800-397-23411 Form RSASSIGNLA2 8/4197 /page I of L l?I IBM C[ RTIFICAT[- OF TIl-1-C FOR A 1/EHIC?LE CHP A i E,ASTLE 't+ 7/14/03 7/14/'3 7!14%03 DATE Vr rll I Ft] tP,t OF LS,SVF I.lI I"11.1II CVWH GDGMETcR DISCLOSURE EXEMPT BY FEDERAL LAW RENISTFRFD JUN UNI MICHACL W CRGUTZ 4S SUMAC LN SHIPPizii3dURG PA 11,7257 FIPST LIFN FA iCC OF TAMMAC CGRPGRATIUN FIRST LICN RV_ AUDIOR¢EO RERRESLE1 ATVF NmuNC ApnRESS 068001 TA,-IMAC CGRPORATION 27, MUNDY ST NfLKES BARRE PA 1870 SECOND tUp f AVOR or 59 6 3A' Sc'71"1' C- F .Y1 LI EhENIT 4 Glas, TRIFURAN,:T. JUOMEIER Ili"! D IAIi CCD i. WL..RPN?.. 111115 NOT TE AC NPL 1111 . CPGF lp! THE PC, VAT MILEACEDDOMriFH T' III "I , N VERIFIED 1. T FF FROen ooor.erER InscLOSERE --- FILD" "DVE VENICLL C -Ll A$SGILGLE VIETHLE F C GIF F OUT .. 0LFP1 _OFCOV NTR< I. - OgLLY MFGJ. OF 1111 U S DISTRI ISTRIBUTION _ AC-RICITLTl1RN. VEI IICLF LOGGING "E"E - IS V,0.$ A FDEICE VF ItI0.1 ECONSTRUCTEO NRE T POD VE`D„Lr,ED"„`T ITIL F CONTAINS RF1SSpEp va: ., FLOOD LOau vnuuF u a oaa Ii1nh01der 1. upon s 1ha nna n Ihl 'I 11 1,1 ¢nM1OlOer "', To .... 1h I5 IIJ1 To In, Pr¢ea " "A" 'f'oz:. rv IN ,Ne aaeloneaK corm aaolao. SECOND LIFN RELEAtiFO Pv _- 4UTHOP4EO PEPHESENTATIVL camry a. a m1 aa1L ?i ?a a Ine mn??, r ?roa otr Il,o ao sywaN?a PORan1r? . ALLEN DB I E H L E R of To,LArlelion /1111,1 11, 11 person(51 n omny n ?r1 li A M awiul o of Kl Sam ,erode secretar. of Toart,orlauon -- If a Do-puroheser other than your spouse is listed and yon want the title to Ai 35CR PN AND SWORN b listed as Joint Te ants AND, Right oI St o II (On tl 1 Us, aEFOaa T` sner. tine goes to swing owneq CHECK HERE ?. Olhcrw-e. Ih will he issued s "Tenant in e, CoDr-IOW nr death of one a vto teresl DI II! u. I lusR+cr Neils 111 /state). deceasetl Dwnor yoes ci 'ern.ln -: nnu N 151 LILIJ f]ATf ? IF NO I IEN. l:I IF I ST I II:NI IOI OCD SI IiEI_I FIJI :ilAll Oil r Nr;IAl FIl III Il 1, 0 Ul ?r11.1 1 1111) !Ill IIATl -{t- TO t IEF rAU<w 41111t F rRI Ll lal? Inl_ .II I ID Ill -Al ''1 7 1 1 111111" 11 On' 11 VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. V da Heiges 7043921 r ? ? HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW VS. Plaintiff MICHAEL WILLIAM CROUTZ, Defendant REPLEVIN No.: 01l??)i ci It PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075. 1, its motion for writ of seizure, against the defendant, Michael William Croutz, as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendant. (A true and correct copy of plaintiff s complaint in replevin is attached hereto pursuant to 704391.1 Pa.R.C.P. No. 1075. 1 (b), incorporated herein by reference pursuant to PaR.C.P. No. 1019(g) and marked as Exhibit "1.") WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: February 1? , 2006 704391.1 VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 's ?? ? Aluzida Heiges 704392.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, by IN THE COURT OF COMMON PLEAS assignment, FIRSTRUST BANK, now OF CUMBERLAND COUNTY by further assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff VS. REPLEVIN MICHAEL WILLIAM CROUTZ, Defendant No.: COMPLAINT The plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation ("Tammac" ), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Michael William Croutz ("Mr. Croutz"), as follows: Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 704387.1 1 2. Mr. Croutz is an adult individual having a last known address of 45 Sumac Lane, Shippensburg, PA 17257. On or about May 22, 2003, Mr. Croutz entered into a manufactured home installment sale contract (the "Contract") with Countryside Village Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to an assignment (the "Assignment'), which Contract was for the purchase/sale of a 2003 Castle mobile home bearing VIN CHPA6011A (the "Collateral'). (A true and correct copy of the Contract and the Assignment is attached hereto jointly as Exhibit "A" and incorporated herein by reference.) 4. By the terms of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Contract was assigned to Firstrust Bank, but Tammac was retained as servicing agent for Firstrust Bank. Tammac is the successor in interest to Tammac Corporation. 6. Mr. Croutz defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. Mr. Croutz is due for his January 22, 2005 payment. 8. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Croutz under the Contract. 9. Tammac believes and therefore avers that Mr. Croutz has possession of the Collateral. 704387.! 2 10. Mr. Croutz has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 11. The balance of the Contract as of August 4, 2005 was $40,650.62, consisting of principal in the amount of $37,680.36, accrued interest in the amount of $3,196.20 and late charges in the amount of $50.00, less a suspense payment of $275.94, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. Croutz in the amount of $40,650.62, plus interest from August 4, 2005, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Sh er, squire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: February _LLa_, 2006 704387.1 VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. A da Heiges ? 0 704392. I 5 F:EEEIVED FED 12, TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. MICHAEL WILLIAM CROUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORDER CIVIL ACTION - LAW REPLEVIN ,j et, L AND NOW, this -? 7 day ofi??-(} 2006, at 1: 30 o'clock ?.m., it is hereby ordered that there will be a hearing on the plaintiffs motion for writ of seizure, on the day of 33'ad ? 2006, at (7 o'clock,.m., at the Cumberland County Courthouse, Carlisle, PA, Court Room 5 BY THE COURT: sc: Michael William Croutz James T. Shoemaker, Esquir 704389.1 I HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN MICHAEL WILLIAM CROUTZ, Defendant No. 06-1063 NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: Michael William Croutz 45 Sumac Lane Shippensburg, PA 17257 You are hereby notified that 1. Plaintiff has commenced an action of replevin and has filed a motion for writ of seizure of the property described in the complaint. A copy of the complaint, the motion for writ of seizure, and brief in support of motion for writ of seizure, are attached to this notice. 2. There will be hearing on this motion for writ of seizure on March 9, 2006 at 1:30 p.m., at the Cumberland County Courthouse, Courtroom No. 5. 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. 707029.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 ATTORNEY FOR PLAINTIFF TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Vs. Plaintiff MICHAEL WILLIAM CROUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: 06 - 1063 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 704360.1 I W Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse Carlisle, PA 17013 (717) 249-1133 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 704360.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION ALLAN M. KLUGER RICHARD M. GOLDBERG RICHARD 5. BISHOP JAMES T. SHOEMAKER MICHAEL J. KOWALSKI RICHARD M. WILLIAMS TERRENCEJ.HERRON JENNIFER L. ROGERS' MICHAEL A. LOMBARDO III OF COUNSEL ROBERT C. CORDARO 'ALSO MEMBER NJ BAR Michael William Croutz 45 Sumac Lane Shippensburg, PA 17257 RE: Account No.: Property Address: LAW OFFICES 600 THIRD AVENUE KI NGSTON, PA 18704-5815 (570) 287-3000 FACSIMILE (570) 287-8005 E-MAIL: hkq@hkgpc.com February 16, 2006 03-6119 45 Sumac Lane, Shippensburg, PA 17257 IMPORTANT NOTICE SUITE TWO HUNDRED 434 LACKAWANNA AVENUE SCRANTON, PA 18503-2014 (570) 346-8414 FACSIMILE (570) 961-5072 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITTEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. JOSEPH A. QUINN, JR. ARTHUR L. PICCONE JOSEPH E KLUGER DONALD C LIGORIO MICHELLE M. QUINN DAVID AIKENS, JR. DAVID W. SABA AMANDA V, WRIGHT-KLUGER MICHAEL T. BLAZICK' ANDREW HOURIGAN. JR. 19481978 704367.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 PA 18704-5815 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. MICHAEL WILLIAM CROUTZ, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: U6 , /063 COMPLAINT The plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation ("Tammac' ), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Michael William Croutz ("Mr. Croutz"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 704387.1 2. Mr. Croutz is an adult individual having a last known address of 45 Sumac Lane, Shippensburg, PA 17257. On or about May 22, 2003, Mr. Croutz entered into a manufactured home installment sale contract (the "Contract") with Countryside Village Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to an assignment (the "Assignment"), which Contract was for the purchase/sale of a 2003 Castle mobile home bearing VIN CHPA6011A (the "Collateral"). (A true and correct copy of the Contract and the Assignment is attached hereto jointly as Exhibit "A" and incorporated herein by reference.) 4.- By the terms of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 5. The Contract was assigned to Firstrust Bank, but Tammac was retained as servicing agent for Firstrust Bank. Tammac is the successor in interest to Tammac Corporation. 6. Mr. Croutz defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. Mr. Croutz is due for his January 22, 2005 payment. 8. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Croutz under the Contract. 9. Tammac believes and therefore avers that Mr. Croutz has possession of the Collateral. 704387.1 2 10. Mr. Croutz has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 11. The balance of the Contract as of August 4, 2005 was $40,650.62, consisting of principal in the amount of $37,680.36, accrued interest in the amount of $3,196.20 and late charges in the amount of $50.00, less a suspense payment of $275.94, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. Croutz in the amount of $40,650.62, plus interest from August 4, 2005, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: February ' (,- , 2006 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Sh er, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 704387.1 4NUFACTURED HOME INSTALLMENT CONTRACT PENNSYLVANIA No. Date 05/22/2003 Seller antryside Village Homes, Inc 9`Lantern Lane Shippensburg PA 17257 "We" and "us" mean the Seller above, its successors and assigns. Buye ichael W Croutz 45 Sumac Lane Shippensburg PA 17257 "You" and "your" mean each Buyer above, and guarantor, separately and together. ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE CHARGE The amount of credit The amount you will have The total cost of your RATE The dollar amount the provided to you or paid when you have made purchase on credit, including The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment as a yearly rate. of $ 4300.00 12.75 0 $88556.50 $38052.50 $ 126609.00 $ 130909.00 Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 300 422.03. Beginning 6/22/03 and on the 22nd of each successive month thereafter. Security: You are giving a security interest in the goods or property being purchased. ? You are giving a security interest in the real property at ® Late Charge: If a payment is more than IS - days late, you will be charged 10i of gavment amount Prepayment: If you pay off this Contract early, you will not have to pay a penalty. ? if you pay off this Contract early, you will. not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home ? may subject to conditions be allowed to ® cannot assume this Contract on its original terms. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required, repayment before the scheduled date, and prepayment refunds and penalties. "e" means an estimate BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought in this sale. SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the Manufactured Home (as defined above) and, unless prohibited by law, all present and future accessions to the Manufactured Home (except that accessions will not include "household goods" as defined in the FTC Credit Practices Rule, 16 C.F.R. 444, if we do not finance the purchase of such household goods). If you do not meet your Contract obligations, you may lose your house, and the real estate described in any mortgage or deed of trust (if any). ? This Contract is also secured by a separate mortgage or deed of trust dated shown in the TRUTH IN LENDING DISCLOSURES. The term "Property" means all property securing this Contract. CREDIT INSURANCE: Credit life, credit disability (accident and health or accident and sickness), and any. other insurance coverage quoted below, are not required to obtain credit and we will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below ONLY the coverages you have chosen to purchase. Credit Life: Insured ? Single ? Joint Prem. $ n/a Term Credit Disability: Insured ? Single ? Joint Prem. $ n/a Term Name of Insurance Your signature below means you want (only) the insurance coverage(s) quoted above. If none are quoted, you have declined any coverages we offered. 6/13/83 Buyer d/o/b Buyer d/o/b Buyer d/o/b Buyer d/o/b on real estate, as PROPERTY INSURANCE: You are required to insure the Property securing this Contract with the following minimum property insurance coverage: You may purchase or provide the insurance through any insurance company that is reasonably acceptable to us. If you get the insurance from or through us you will pay $ n/a. 00 for of coverage. Liability insurance coverage for bodily injury and/or property damage caused to others is NOT included in this Contract unless checked and indicated below. ? The following liability insurance is included in this coverage: PENNSYLVANIA MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT mn r" rP ® 1996 Bankers Systems, Inc.. St. Cloud, MN Form RSSIMHLA2-PA 9/22/99 /page 1 It 4/ 1TEMiZATION OF AMOUNT FIN. QED []BUYER PROTECTk SERVICE PLAN: With your purchase Manufactured Home Price - $ 42245.00 of the Manufactured Home, you have elected to purchase the (including sales tax of S' 1 following optional buyer protection or service plan ("Plan"): Buyer Protection/Service Plan - Paid to: S The Plan covers 1. Cash Price $ 42245.00 and will be in Manufacturer's Rebate $ 0.00 effect 05/22/2003_ . See the Plan documents for details- Cash Down Payment $ 4300.00 2. Subtotal S 4300.00 PROMISE TO PAY AND PAYMENT TERMS: You promise to Trade-In Allowance S pay us the principal amount of $ 38052.50 , plus Less: Amount Owing S interest on the unpaid balance at the rate(s) of 12 . 75 3. Net Trade-In $ 0.00 4. Total Down Payment (line 2 plus line 3) $ 4300.00 per year until the final scheduled payment date. Interest will begin 5. Unpaid Balance of Cash Price (tine I minuskne4l $ 37945.00 to accrue on 05/22/2003 Fees Paid to Others: and will accrue on a 360 day basis. After the final Paid to Public Officials - Filing Fees Only S scheduled payment date, or after you default and we demand Paid to Public Officials - Other than Filing Fees 5 payment, we will earn interest on the unpaid principal balance at Insurance Premiums` $ ITo: (To: (To: Additional Finance Charge(s) Paid To Seller 5 To: Buvdown S To: Additional Finance Fees S 107.50 To: $ 6. Subtotal lline 5 plus all Fees Paid to Others) $ 38052.50 7. Prepaid Finance Charges $ 0.00 Amount Financed (line 6 minus line 7) $ 38052.50 -We may retain or receive a portion of this amount. SALE: You agree to purchase from us the manufactured home described below, together with the related services, furnishings, appliances and accessories listed below (together referred to as "Manufactured Home"). Your purchase of the Manufactured Home is subject to the terms of this Contract. "Contract" means this document and any separate document that secures this Contract. Manufacturer Model Name & Number Year Castle 2003 Serial Number Length Width Color ® New CHPA 6011A 80' 14' ? Used Services, furnishings, appliances, and accessories include: ? Tires and Wheels ? Axles ? Refrigerator - El Oven/Range ? Washer ?.Oryer ? A/C Unit(s) ? Skirting [] Awnin gis) ? Accessory Shed ? Services ? Other Location of Manufactured Home after delivery to Buyer: 45 Sumac Lane Shippensburg PA 17257 Description of Trade-In: 61996 8.?kers Systems, Inc.. S1 C1.1, MN Farm SSSIMHLAZ-PA 9/22198 the rate of 12.75 % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms of this Contract. A late charge, it provided in the TRUTH IN LENDING DISCLOSURES, will be imposed only once on a late payment. A late charge will not be collected on the final scheduled payment, but interest will continue to accrue at the applicable contract rate. ? ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of $ that will be ? paid in cash. ? financed (see ITEMIZATION OF AMOUNT FINANCED). ? paid proportionally with each payment. DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before today's date, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. ? ESCROW: You ? may, but are not required to ? must pay certain expenses and fees from an escrow account. If an escrow account is established, it will be governed by a separate agreement. GENERAL TERMS: You agree to purchase the Manufactured Home over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount you will pay may be more or less depending on your payment record. The law of Pennsylvania will govern this transaction. It is also governed by applicable federal law and regulations, including the preemption of state usury laws. The federal Alternative Mortgage Transactions Parity Act may also apply. We do not intend to charge or collect any interest or fee that is more than the applicable law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the principal balance, and we will refund any excess if you have paid this Contract in full. You understand and agree that some payments to third parties as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. If any provision of this Contract is not enforceable, this Contract will remain enforceable without such provision. If we agree with you to any exceptions to the promises or assurances in this printed Contract, such agreement must be in writing and signed by us. PREPAYMENT: YOU MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. Any partial prepayment will not excuse any later scheduled payments until you pay in full. You may obtain from us, or the insurance company named in your policy (or certificate of insurance), a refund of any unearned i1n((s?i1luIlr?a?nce premiums. IIY /page 2 & 41 ADDITIONAL SECURITY: You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest, real estate mortgage, or deed of trust in the Property, you agree to the following: A. You will defend our interests in the Property against claims made by anyone else. You will do whatever is necessary to keep our claim to the Property valid.. B. The security interest you are giving us in the Property comes aheadof the claim of any other creditor. You agree to sign any. additional documents or provide us with any additional information we may require to keep the priority of our claim to the Property. You will not do anything to change our interest in the Property. C. You will keep the Property in your possession in good condition and repair. You will use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, the Manufactured Home will be located at the "Location of Manufactured Home after delivery to Buyer" provided in this Contract. D. You will not try to sell: or. transfer any rights in the Property without our prior written consent. E. The Manufactured Home will remain personal property until. this Contract is paid in full. Unless we give you prior written consent, you will not allow the Manufactured Home to become a part of real estate or to otherwise lose its treatment as personal property. under applicable law. . F. You will pay all taxes, fees, expenses, and assessments on the Property when due. G. You will notify us ofany -loss or damage to the Property. You will provide us reasonable access tc the Property for the purpose of inspection. DEFAULT: You will be in default on this Contract if any one of the following occurs (except as prohibited by law): A. You fail to make a payment when it is due. B. You fail to perform any obligation that you have undertaken in this Contract (which includes doing something you have agreed not to do). If you default, you agree to pay our reasonable attorneys' fees, beginning with the commencement of legal action, and up to $50 incurred after the NOTICE OF DEFAULT and before commencement of a legal action las provided in Pa. Stat. Ann. tit. 69 § 623) and fees for repossession, repair, storage, and sale.of the Property securing this Contract. If an event of default occurs as to any one of you, we may exercise our remedies against any or all of you. NOTICE OF DEFAULT: If you are in default, we will sendyou a Notice of Default and Notice of Right to Cure Default ("Notice") when required by law. The Notice will explain why you are in default and how you can cure it. We will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you the Notice and any cure period it describes has passed. We may not be required to send you a Notice if (11 you have abandoned the Manufactured Home, (2) you received two Notices in the prior one-year period, or (3) other extreme circumstances exist. ® 1996 bankers synems, Inc. St. Cloud. MN Form RSSIMHI -PA 9)22198 After repossession you may have additional Ibut limited) rights under Pa. Stat. Ann. tit. 69 § 623 to reinstate this Contract any time up to the date of transfer of title to the Manufactured Home, by paying the installments in default without acceleration, plus any other obligation which you have not fulfilled, without acceleration, plus our costs and fees allowed by the law cited. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law, this Contract, and any separate personal property security agreement, real estate mortgage, or deed of trust. Before using a remedy, we will send you any notice and wait for any cure period that the law may require for that remedy. Our remedies include the following: A. We may require you to immediately pay us, subject to any refund required by law, the entire principal balance, plus earned interest and all other agreed charges. B. We may, but are not required to, pay taxes, fees, expenses, assessments, or other liens or make repairs to the Property if you have not done so. Any amount we pay will be added to the amount you owe us and will be due immediately. This amount will earn interest from the date paid at the rate(s) described in the PROMISE TO PAY AND PAYMENT TERMS section. We may require that you establish and fund an escrow account if one is not already required. C. We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. D. We may immediately take possession of the Property by legal process or self-help, if we do so lawfully. We may then sell the Property and apply what we receive to our reasonable expenses and then toward your obligations, as allowed by law. E. Except when prohibited by law, we may sue you for additional amounts if the sale proceeds do not pay all you owe us. Paragraphs C. and D. (above) apply only to personal property security interests. It this Contract is secured by a mortgage or deed of trust, then the foreclosure of such interest may impose other duties and limitations on our rights and remedies, as provided by law and the mortgage or deed of trust. By choosing any one or more of these remedies, we do not waive our right to later use another remedy. If we do not act on an event of default, we do not give up our right to later treat that type of event as a default. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer for such other period of time as is required by law). When real estate is the security, other rules may apply. You agree that, subject to your right to recover such property, we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. If the U.S. Department of Housing and Urban Development insures this Contract under its Title 1 Property Improvement and Manufactured Home Regulations, our right to make you pay off this entire C\.,o`nn`rttr1?act is subject to the limitations of those regulations. `r (page 3 .14) INSURANCE: You agree to buy insurance on the Property with the types and amounts of coverage indicated in the PROPERTY INSURANCE section, or as we otherwise require. You must name us as loss payee on any such policy. In the event of loss or damage to the Property, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. If insurance proceeds paid to us do not pay off this Contract, you are responsible for the balance. You will keep the insurance in effect until this Contract is paid in full. If the premium for property insurance is included in the Amount Financed and the insurance is canceled or terminated before this Contract is paid. in full, then you agree to give us any.premium refund or rebate that you receive. We will credit the refund or rebate to the amount you owe us. We may, at our option, allow you to use the refund or rebate to help pay. for replacement insurance that you purchase. If you do not keep these promises, we may buy insurance to protect our interest in the Property. The insurance we buy may include coverages beyond those we require you to buy and maybe from a.company you might not choose. The rate we pay may be. higher than a rate you might have to pay if you buy it yourself. We will add the premium for this insurance to the amount you owe us. Any amount we pay will be due immediately. This amount will earn interest from the date paid at the applicable contract rate(s): OBLIGATIONS INDEPENDENT: Each of you who signs this Contract is independently responsible to pay it and to keep the other promises made in this Contract. This is true even if: A. Someone else has also signed it. B. We release or do not try to collect from another who is also responsible to pay this Contract. C. We release any security or do not try to take back any Property. D. We give up any other. rights.we may have. E. We extend new credit or renew this Contract. WARRANTIES: We will provide. any warranty information to you separately. WAIVER: To the extent permitted by law, you agree to -give up your rights to require us to do certain things. You do not give up any rights that are provided in this Contract (for example, see the NOTICE OF DEFAULT section). Unless the law or this Contract provide otherwise, we are not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or, (3) give notice that we intend to make, or are making, this Contract immediately due. NOTICE OF PROPOSED INSURANCE: If so indicated on page 1 of this Contract, credit life insurance coverage and/or credit accident and health. insurance coverage will apply to this Contract. The insurance company named on page 1 of this Contract will write the insurance. The insurance covers only the person(s) signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on page 1 of this Contract. The term of insurance will begin as of the date of this Contract and will end on the original due date of this Contract. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this Contract is prepaid before it is due, a refund of insurance charges will be made when due. ASSIGNMENT: This Contract is assigned to Assignee (identify): Tammac Corporation 275 Mundy Street Wilkes-Barre PA 18702. This assignment is made under the terms of a separate agreement made between the Seller and Assignee. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER Do not sign this Contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Buyer(sl)i X S- U-6 Signature Date X Date X Signature Date X Signature I ACKNOWLEDGE RECEIPT OF A XROF TSONTRACT: SELLER'S 4IGNATURE: Nafneahd?i e Co ntr side Village Homes. Inc Disbursement Date: (This date is for Title 1 HUD insurance purposes and may be completed after the Contract is signed to reflect the actual disbursement date, and not any estimated disbursement date. It may appear only on the original form.) 0 1996 Bankers Systems, Inc., St. Owd, MN Form RSSIMHLA -PA 9122198 (page 4 m' 41 ASSIGNMENT OF Seller Countryside Village Homes, RETAIL INSTALLMENT CONTRACT inc 9 Lantern Lane No. Date 05/22/2003 Phone: 717-532-5700 Assignee Tammac Corporation 275 Mundy Street Wilkes Barre, PA 18702 Phone: 570-830-0265 ASSIGNMENT BY SELLER Seller sells and assigns the Retail Installment Contract and Security Agreement No. dated 05/22/2003 (Contract) between Seller and Michael W Croutz (Buyer) to the Assignee, its successors and assigns, including all its rights, title and interest in the Contract, and any guarantee executed in connection with the Contract. Seller gives Assignee full power, either in its own name or in Seller's name, to take all legal or other actions which Seller could have taken under the Contract. Seller warrants: A. The Contract represents a sale by Seller to Buyer. on a time price basis and not on a cash basis. B. The statements contained in the Contract are true and correct. C. The down payment was made by the Buyer in the manner stated in the Contract and, except for the application of any manufacturer's rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. D. The sale was completed in accordance with all applicable federal and state laws and regulations. E. The Contract is valid and enforceable in accordance with its terms. F. Thenames and signatures on the Contract are not forged, fictitious or assumed, and are true and correct. G. The Contract is vested in the Seller free of all liens, is not subject to any claims or defenses of the Buyer, and may be sold or assigned by the Seller. - H. A completely filled-in copy of the Contract was delivered to the Buyer at the time of execution. 1. The Goods, Services, Vehicle or Manufactured Home, as defined in the Contract (Property) has been delivered to the Buyer in good condition and has been accepted. by Buyer. J. Seller has. or will perfect a security interest in the Property in favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand, purchase the Contract from Assignee. The purchase shall be in cash in the amount of the unpaid balance (including finance charges) plus the costs and expenses of Assignee, including attorneys' fees. Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seller. Seller waives notice of the acceptance of this Assignment, notice of non-payment or non-performance and notice of any other remedies available to Assignee. Assignee may, without notice to Seller, and without affecting the liability of Seller under this Assignment, compound or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under the Contract. ? THIS ASSIGNMENT IS WITH RECOURSE:. This Assignment is made "with recourse" and Assignee takes this Assignment with certain rights of recourse against Seller. Seller agrees that if the Buyer defaults on any obligation of payment or performance under the Contract, Seller will, upon demand, repurchase the Contract for the amount of the unpaid balance, including finance charges, due at that time. ® THIS ASSIGNMENT IS WITHOUT RECOURSE. Date: 05/22/2003 Seller Title: 0 1997 Bankers Systems. Inc.. St. Cloud, MN I1-800397-23411 Form RS-ASSIGNLA2 8M/97 Ipage 1 of Il CERTIFICATE- OF TITLE FOR A VEHICLE k? I ?J31?7i)J_i l;Ch'1 ; 1,-1.71'1 C?4P A ,j ,LA J3 ? C ASTLE 11'.LI FThl rn 11:.1.N" 1 MAIE 111 V. Tr'.II. HIa 7/14/03 "I'll, n11 L.a -nl' 1 NNL „A1r nnu11 PROCA. I'll, 7/14/JI 7/14/03 E CAN Tn LEO DATE OF ISSU INLAceN oh.-F, avWn t; e !? Sti13?Sc'71`J1 CR "WH Of" I "For" ?Tllll, GC.C TITLE URANDS ODOMETcR DISCLOSURE EXEMPT BY FEDERAL LAW REGISTERFO I Asom51 MICHAtL. W CROUTZ 45 SUM.4C LN SHIPPEN33URG PA 17257 FIRST LIEN FAVOR OF TAMMAC CORPORATION Ffr6T LIEN Uy SECOND LIEN RELEASED AUTHORIZE. REPRESENTATIVE DATE MAILING AOOREss By AUTHORIZED REPRESENTATIVE ALLEN 0 BIEHLER Seen[.,, at TFenspnFUrRn II a To purchaser other than your spouse is listed and you ant the title to he listed as 'Joint Tenants With Right of Survivorship' (On death of one owner. title goes to surviving owner.) CHECK HERE 0. Olhorwise. Inc title will be Seto d .,'Tenants In Conlmon''01 death of One Oymer, interest of deceased owner goes In asrer trans OI scale) 1ST LIEU DATE --IF IF NO LIEN. CHECK 1sT Il eNH01CED C FEET BIT SImE Th ?f 068001 TAARIAC CORPORATION o`73 MUNOY ST W[';_KES BARRE PA 18702 E F77 of the said nihola AND SWORN E N W W W CTI C9 SECOND LIEN FAVOR OF IFOMETEH SITnIJS 1,111111mEAGE - MILC'AGL J.CEECE 1HE n1EC11ANICAL IMnI 3 = ACT THE :CTVAL MILEAGE . = r:O11HE ACTUAL MILEAGE1lW METER TAMPERING VERIFIED 1- E[EI.1PT FE. ...METER 711511O5URE TRLE BRANDS AN DOLE VEFICLE A CLASSIC VEHICLE D = COLLECTIBLE VEwCLL OUT.F COUNTRY G ORIGINALLY MFGD FOR uDN.U s CISTRIBU?ON - AGRICULTURAL VEHICLE L WGING VEHICLE P 15 VIAS A POLICE loeC E R - HECONSTRUCTEO 5 - STREET ROD = RECOVERED THEFT VEHICLE VEHICLE CONTAINS REISSUED vW - FLOOD VEHICL=_ I = ISAAS A Ten n ena M1an.ad nannemeI5 n11..pan sanala111A, oI 1. nY uert me o .In., neva konsou INI Tese to 111. Bunme, of MOIOr inatedes -eh IM1^_ apompoll, mrtn ane lee. Fu 1ANC1AL I'll nOTeml 1 IFFrn wa. 1.IEra nAn= _?_ ? IF Iao LIED. r IEEN D_ I N1 1 aE1 01-r I I'lle s, ITTIIIUI ON NIUNI n VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. A da Heiges 7o4sez.1 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff Vs. MICHAEL WILLIAM CROUTZ, Defendant ORDER CIVIL ACTION - LAW No.: REPLEVIN AND NOW, this day of , 2006, at o'clock .m., it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the day of , 2006, at o'clock, _.m., at the Cumberland County Courthouse, Carlisle, PA, Court Room IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BY THE COURT: J. sc: Michael William Croutz James T. Shoemaker, Esquire 704389.1 S HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. MICHAEL WILLIAM CROUTZ, Defendant CIVIL ACTION - LAW REPLEVIN No.: U6- 1063 PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075. 1, its motion for writ of seizure, against the defendant, Michael William Croutz, as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendant. (A true and correct copy of plaintiff's complaint in replevin is attached hereto pursuant to 704391.1 Pa.R.C.P. No. 1075. 1 (b), incorporated herein by reference pursuant to Pa.R.C.P. No. 1019(g) and marked as Exhibit "1.") WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY:.. James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: February 1U '2006 704391.1 VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. da Heiges- 704392.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. MICHAEL WILLIAM CROUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: o6' lu(23 COMPLAINT The plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation ("Tammac" ), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Michael William Croutz ("Mr. Croutz"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 704387.1 I\ p' ?i 2. Mr. Croutz is an adult individual having a last known address of 45 Sumac Lane, Shippensburg, PA 17257. On or about May 22, 2003, Mr. Croutz entered into a manufactured home installment sale contract (the "Contract") with Countryside Village Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to an assignment (the "Assignment'), which Contract was for the purchase/sale of a 2003 Castle mobile home bearing VIN CHPA601 IA (the "Collateral"). (A true and correct copy of the Contract and the Assignment is attached hereto jointly as Exhibit "A" and incorporated herein by reference.) 4. By the terms of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) The Contract was assigned to Firstrust Bank, but Tammac was retained as servicing agent for Firstrust Bank. Tammac is the successor in interest to Tammac Corporation. 6. Mr. Croutz defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. Mr. Croutz is due for his January 22, 2005 payment. 8. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Croutz under the Contract. 9. Tammac believes and therefore avers that Mr. Croutz has possession of the Collateral. 704387.1 10. Mr. Croutz has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 11. The balance of the Contract as of August 4, 2005 was $40,650.62, consisting of principal in the amount of $37,680.36, accrued interest in the amount of $3,196.20 and late charges in the amount of $50.00, less a suspense payment of $275.94, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Mr. Croutz in the amount of $40,650.62, plus interest from August 4, 2005, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: February , 2006 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: L James T. Sh er, squire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 704387.1 VERIFICATION I, Amanda Heiges, hereby certify that I am a Paralegal with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Ai?da Heiges 704392.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES PA 187045815 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN MICHAEL WILLIAM CROUTZ, Defendant No.: O6-I0bS BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger 81. Quinn, P.C., hereby submits its brief in support of plaintiff's motion for writ of seizure against the defendant, Michael William Croutz ("Mr. Croutz"), as follows: 1. HISTORY OF THE CASE Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. Mr. 704393.1 Croutz is an adult individual having a last known address of 45 Sumac Lane, Shippensburg, PA 17257. On or about May 22, 2003, Mr. Croutz entered into a manufactured home installment sale contract (the "Contract") with Countryside Village Homes, Inc., which immediately assigned its rights to the Contract to Tammac pursuant to an assignment (the "Assignment'), which Contract was for the purchase/sale of a 2003 Castle mobile home bearing VIN CHPA6011A (the "Collateral"). (A true and correct copy of the Contract and the Assignment is attached hereto jointly as Exhibit "A" and incorporated herein by reference.) By the terms of the Contract, Tammac maintained a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) The Contract was assigned to Firstrust Bank, but Tammac was retained as servicing agent for Firstrust Bank. Tammac is the successor in interest to Tammac Corporation. Mr. Croutz defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. Mr. Croutz is due for his January 22, 2005 payment. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Mr. Croutz under the Contract. Tammac believes and therefore avers that Mr. Croutz has possession of the Collateral. Mr. Croutz has failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 704393.1 The balance of the Contract as of August 4, 2005 was $40,650.62, consisting of principal in the amount of $37,680.36, accrued interest in the amount of $3,196.20 and late charges in the amount of $50.00, less a suspense payment of $275.94, exclusive of attorneys' fees and costs. II. STATEMENT OF THE QUESTION INVOLVED WHETHER TAMMAC IS ENTITLED TO POSSESSION OF THE COLLATERAL WHEN MR. CROUTZ HAS DEFAULTED UNDER THE TERMS OF THE CONTRACT? III. ARGUMENT Pa. R.Civ.P. No. 1075.1 sets forth the procedure for the issuance of a prejudgment writ of seizure after notice and hearing which is designed to be in accordance with the due process requirements enumerated in Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556, reh.den., 409 U.S. 902, 93 S.Ct. 177, 34 L.Ed.2d 165 (1972). The procedure set forth in Pa.R.Civ.P. No. 1075.1 is one of two means for obtaining the remedy of a prejudgment seizure of property in a replevin action. In appropriate cases, the plaintiff may cause a writ of seizure to be issued ex parte with notice and a hearing postponed until after the property is seized. See Pa.R.Civ.P. No. 1075.2. To invoke the remedy of a prejudgment seizure of property in a replevin action after notice and a hearing, the plaintiff must file a motion for writ of seizure. See Pa.R.Civ.P. No. 1075.1(a). The plaintiff may move for the issuance of a writ of seizure after the complaint has been filed, whether or not the complaint has been served. Pa.R.Civ.P. No. 1075.1(a). Upon the filing of the motion for issuance of a writ of seizure, the court must fix the date and time for a hearing on the motion. See Pa.R.Civ.P. No. 1075.1(a). A hearing on a motion for 704393.1 a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Civ.P.No. 1075. I(e); see also Equico Lessors Inc. v. Ewing, 281 Pa. Super. 147, 152, 421 A.2d 1190, 1193 (1980) (holding that prima facie right established by testimony of plaintiff s employees that property was deteriorating and in jeopardy). Pursuant to Pa.R.Civ.P. No. 1075. 1 (e), the court must initially make a determination at the hearing whether the notice required by Pa.R.Civ.P. 1075, or a reasonable attempt to give notice has been made. See 4 Goodrich Amram 2d § 1075.1(e):1 (1991). If the court is satisfied that the notice requirements of Pa.R.Civ.P. No. 1075 have been met, the court must determine from the complaint, affidavits, testimony, admissions, or other evidence which may be received whether the plaintiff has established the probable validity of his claim and, if so, the court may order a writ of seizure to be issued upon the filing of a bond as provided by the Pennsylvania Rules of Civil Procedure. See 4 Goodrich Amram 2d § 1075.1(e):1. The rule does not mandate any particular form of hearing on the motion for a writ of seizure. It seems that all that is required is an opportunity for the plaintiff to show that the action is free of fraud, accident, or mistake, and that there is a probability that he or she may sustain his right to possession of the property. See 4 Goodrich Amram 2d § 1075.1(e):I (1991). The hearing is not for the purpose of making a final determination on the merits of the plaintiffs claimed right to possession of the property, but merely for determining whether the plaintiff has a probable right to possession. See Hamilton Bank v. Seiaer, 22 D&C 3d 534, 537 (1982). 704393.1 Except where the sheriff is authorized by the plaintiff to leave the subject property in a replevin action with the defendant or any other person found in possession, the Pennsylvania Rules of Civil Procedure require the sheriff, upon service of the writ of seizure, to take possession of the subject property. See Pa.R.Civ.P. No. 1075.4(a); see also Mayer v. Chelton Ave. Bldg. Coro.. 321 Pa. 193, 196, 183 A. 773. 774 (1936); General Motors Acceptance Coro. v. Burns, 25 D&C 2d 293, 296-300 (1961). Additionally, the form of the writ of seizure prescribed by the Pennsylvania Rules of Civil Procedure specifically directs the sheriff to seize the subject property. See Pa.R.Civ.P. No. 1354. Furthermore, it has been held that even a defendant who is properly in possession of the subject property by virtue of a valid lien is obligated to surrender possession to the sheriff. See Mitchell v. McKinnis, 284 Pa. Super. 469, 473, 426 A.2d 142, 144 (1981) (noting that the defendant had no right to give a counter-bond and keep possession since his lien was fully protected by the plaintiff s bond). The sheriff must take physical possession of the property. The sheriff has the right to enter the defendant's house for the purpose of searching for the goods, provided that in doing so he does not exceed the limits prescribed by the law. See Kneas v. Fitler, 2 Serg & R 263, 264 (Pa. 1816); Maver, 321 Pa. At 196, 183 A. at 774. The sheriff has the right to enter a door already opened and may even be authorized to break open doors and enter by force in order to execute the writ of seizure. See Commonwealth v. Temule, 38 D&C 2d 120,127 (1965). However, the sheriff may use no more force than necessary and must exercise due care. See Mayer, 321 Pa. at 196, 183 A. at 774. The burden is upon the plaintiff in a replevin action to establish every material element of his case upon which an issue is raised under his pleadings. 704393.1 Blossom Prods. Corp v National Underwear Co.. 325 Pa. 383, 387, 191 A.40, 42 (1937). The plaintiff must establish his right to possession of the subject property by a preponderance of the evidence. See Petition of Allstate Ins. Co.. 289 Pa. Super. 329, 333,433 A.2d 91, 93 (1981). A claimant who asserts a lien and a right to possession until the lien is discharged is not required to prove a title in addition to the right of possession. See Griffin v. Keefer, 30 Dauph. Co. Rep. 315, 317 (1927). Once the plaintiff establishes his right to possession, the burden of proof shifts to the defendant to prove his right to retain possession. See Petition of Allstate, 289 Pa. Super. at 333, 433 A.2d at 93; Carroll v. Goddine, 155 Pa. Super. 490,492, 38 A.2d 720, 721 (1944); Johnson v. Staples, 135 Pa. Super. 274, 280, 5 A.2d 433, 436 (1939). IV. CONCLUSION In light of the foregoing, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: February I L , 2006 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, by assignment, Firstrust Bank, now by further assignment, Tammac Holdings Corporation 704393.1 MANUFACTURED ROME RETAIL INSTALLMENT CONTRACT PENNSYLVANIA No. Date 05/22/2003 Seller Antryside Village Homes Inc 9`Lantern Lane Shippensburg PA 17257 "We" and "us" mean the Seller above, its. successors and assigns. T01ITu Ihl 1 chinndI - Buye tchael W Croutz 45 Sumac Lane Shippensburg PA 17257 "You" and "your" mean each Buyer above, and guarantor, separately and together. ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The la The amount of credit The amount you will have The total cost of your dol r amount the provided to you or paid when you have made purchase on credit, including The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment as a yearly rate. of $ 4300.00 12.75 0 $88556.50 $38052.50 $ 126609.00 $ 130909.00 Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 300 422.03 Beginning 6/22/03 and on the 22nd of each successive month thereafter. Security: You are giving a security interest in the goods or property being purchased. ? You are giving a security interest in the real property at ® Late Charge: If a payment is more than 15 days late, you will be chargedlgg of r)aytrent amount Prepayment: If you pay off this Contract early, you will not have to pay a penalty. ? if you pay off this Contract early, you will. not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home ? may subject to conditions be allowed to ® cannot assume this Contract on its original terms. - Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required, repayment before the scheduled date, and prepayment refunds and penalties. "e" means an estimate BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought in this sale. SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the Manufactured Home (as defined above) and, unless prohibited by law, all present and future accessions to the Manufactured Home (except that accessions will not include "household goods" as defined in the FTC Credit Practices Rule, 16 C.F.R. 444, if we do not finance the purchase of such household goods). If you do not meet your Contract obligations, you may lose your house, and the real estate described in any mortgage or deed of trust (if any). ? This Contract is also secured by a separate mortgage or deed of trust dated shown in the TRUTH IN LENDING DISCLOSURES. The term "Property" means all property securing this Contract. CREDIT INSURANCE: Credit life, credit disability (accident and health or accident and sickness), and any other insurance coverage quoted below, are not required to obtain credit and we will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if, you qualify for coverage). We are quoting below ONLY the coverages you have chosen to purchase. Credit Life: Insured ? Single ? Joint Prem. $ n/a Term Credit Disability: Insured ? Single ? Joint Prem. $._n/a Term Name of Insurance Company: Your signature below means you want (only) the insurance coveragels) quoted above. If none are quoted, you have declined any coverages we offered. 6/13/83 Buyer d/o/b Buyer d/o/b Buyer d/o/b Buyer d/o/b PENNSYLVANIA MANUFACTURED HOME RETAIL tNSTALLMENT CONTRACT 01996 Bankers Stems. Inc., St Clood, MN Form RSSIMHL -PA 9122M8 on real estate, as PROPERTY INSURANCE: You are required to insure the Property securing this Contract with the following minimum property insurance coverage: You may purchase or provide the insurance through any insurance company that is reasonably acceptable to us. If you get the insurance from or through us you will pay $ n/a.00 for coverage. Liability insurance coverage for bodily injury and/or property damage caused to others is NOT included in this Contract unless checked and indicated below. ? The following liability insurance is included in this coverage: VWX Ipege I of 41 IN [)/J T ITEMIZATION OF AMOUNT FIN, Manufactured Home Price (including' sale's tax of $' - I Buyer Protection/Service. Plan Paid to: 1. Cash Price CED $ 42245.00 ?BUYER PROTECTI,, SERVICE PLAN: With your purchase of the Manufactured Home, you have elected to purchase the following optional buyer protection or service plan ("Plan"): S The Plan covers S 42245.00 and will be in Manufacturer's Rebate $ 0.00 Cash Down Payment $ 4300.00 2. Subtotal $ 4300.00 Trade-In Allowance Less: Amount Owing To: 3. Net Trade-In S - 0.00 4.. Total Down Payment pine 2 plus line 3) $ 4300.00 5. Unpaid Balance of Cash Price (line t minus line 4) $ 37945.00 Fees Paid to Others: - Paid to Public Officials - Filing Fees Only $ Paid to Public Officials - Other than Filing Fees $ Insurance Premiums* (To: ITo: 1 (To: 1 Additional Finance Charge(s) Paid To Seller To: Buvdown To: Additional Finance Fees. effect 05/22/2003 . See the Plan documents for details. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ 38052.50 , plus interest on the unpaid balance at the rates) of 12 . 75 per year until the final scheduled payment date. Interest will begin to accrue on 05122/2003 and will accrue on a 360 day basis. After the final scheduled payment date, or after you default and we demand payment, we will earn interest on the unpaid principal balance at S the rate of 12 • 75 % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms of this Contract. A late charge, if provided in the TRUTH IN $ LENDING DISCLOSURES, will be imposed only once on a late S payment. A late charge will not be collected on the final $ ' 107.50 scheduled payment, but interest will continue to accrue at the applicable contract rate. 6. Subtotal (line 5 plus all Fees Paid to Others) $ 38052.50 7. Prepaid Finance Charges $ 0.00 Amount Financed (line 6 minus line 7) $ 38052.50 *We may retain or receive a portion of this amount. SALE: You agree to purchase from us the manufactured home described below, together with the. related services, furnishings, appliances and accessories listed below (together referred to as "Manufactured Home"). Your. purchase of the Manufactured Home is subject to the terms of this Contract. "Contract" means this document and any separate document that secures this Contract. Manufacturer Model Name & Number Year Castle 2003 Serial Number Length Width Color ® New CHPA 6011A 80' 14' ? Used Services, furnishings, appliances, and accessories include: ? Tires and Wheels ? Axles ? Refrigerator. ? OventRange.. ? Washer ?.Dryer ? A/C Unitls) ? Skirting ? Awning(s) ? Accessory Shed ? Services ? Other Location of Manufactured Home after delivery to Buyer: 45 Sumac Lane Shippensburg PA 17257 Description of Trade-In: - 01996 6ann,,s Sl.e , Inc.. S' CIwd, AN F.,, RSSIMH -PA 922/99 ? ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of $ that will be ? paid in cash. ? financed (see ITEMIZATION OF AMOUNT FINANCED). ? paid proportionally with each payment. DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before today's date, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. ? ESCROW: You ? may, but are not required to ? must pay certain expenses and fees from an escrow account. If an escrow account is established, it will be governed by a separate agreement. GENERAL TERMS: You agree to purchase the Manufactured Home over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount you will pay may be more or less depending on your payment record. The law of Pennsylvania will govern this transaction. It is also governed by applicable federal law and regulations, including the preemption of state usury laws. The federal Alternative Mortgage Transactions Parity Act may also apply. We do not intend to charge or collect any interest or fee that is more than the applicable law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the principal balance, and we will refund any excess if you have paid this Contract in full. You understand and agree that some payments to third parties as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. If any provision of this Contract is not enforceable, this Contract will remain enforceable without such provision. If we agree with you to any exceptions to the promises or assurances in this printed Contract, such agreement must be in writing and signed by us. PREPAYMENT: YOU MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. Any partial prepayment will not excuse any later scheduled payments until you pay in full. You may obtain from us, or the insurance company named in your policy (or certificate of insurance), a refund of any unearned insurance premiums. y`? /page 2 0/ a/ R ADDITIONAL SECURITY: You also assign to us and give us a security interest in -proceeds and premium refunds of any insurance and service contracts purchased with this Contract. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest, real estate mortgage, or deed of trust in the Property, you agree to the following: A. You will defendour interests in the Property against claims made by anyone else. You will do whatever is necessary to keep our claim to the Property valid.. B. The security interest you are giving us in the Property comes ahead of the claim: of any other creditor. You agree to sign any additional documents or provide us with any additional information we may require to . keep the priority of our claim to the Property. You will not do anything to change our interest in the Property. C. You will keep the Property in your possession in good condition and repair. You will use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, the Manufactured Home will be located at the "Location of Manufactured Home after delivery to Buyer" provided in this Contract. D. You will not try to sell: or. transfer any rights in the Property without our prior written consent. E. The Manufactured Home will remain personal property until, this Contract is paid in. full. Unless we give you prior written consent, you will not allow the Manufactured Home to become a part of real estate er to otherwise lose its treatment as personal property under applicable law. F. You will pay all taxes, fees, expenses, and assessments on the Property when due. G. You will notify. us of any loss or damage to the Property. You will provide us reasonable access to the Property for the purpose of inspection. DEFAULT: You will be in default on this Contract if any one of the following occurs (except. as prohibited by law): A. You fail to make a payment when it is. due. B. You fait to perform any obligation that you have undertaken in this Contract (which includes doing something you have agreed not to dol. If you default, you agree to -pay our reasonable attorneys' fees, beginning with the commencement of legal action, and up to $50 incurred after the NOTICE OF DEFAULT and before commencement of 'a legal action (as provided in Pa. Stat. Ann. tit. 69 § 623) and fees for repossession, repair, storage, and sale.of the Property securing this Contract. - If an event of default occurs as to any one of you, we may exercise our remedies against any or all of you. NOTICE OF DEFAULT: If you are in default, we will sendyou a Notice of Default and Notice of Right to Cure Default ("Notice"I when required.by law. The Notice will explain why you are in default and how you can cure it. We will not accelerate the. unpaid balance of this Contract, repossess or foreclose on any Property until after we send you the Notice and any cure period it describes has passed. We may not be required to send you a Notice if (11 you have abandoned the Manufactured Home, (2) you received two Notices in the prior one-year period, or (3) other extreme circumstances exist. C 1996 Bankers Systems, Inc., St. Clwd, MN Fenn ASSIMHLAZ-PA 9/22/98 After repossession you may have additional )but limited) rights under Pa. Stat. Ann. tit. 69 § 623 to reinstate this Contract any time up to the date of transfer of title to the Manufactured Home, by paying the installments in default without acceleration, plus any other obligation which you have not fulfilled, without acceleration, plus our costs and fees allowed by the law cited. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law, this Contract, and any separate personal property security agreement, real estate mortgage, or deed of trust. Before using a remedy, we will send you any notice and wait for any cure period that the law may require for that remedy. Our remedies include the following: A. We may require you to immediately pay us, subject to any refund required by law, the entire principal balance, plus earned interest and all other agreed charges. B. We may, but are not required to, pay taxes, fees, expenses, assessments, or other liens or make repairs to the Property if you have not done so. Any amount we pay will be added to the amount you owe us and will be due immediately. This amount will earn interest from the date paid at the rate(s) described in the PROMISE TO PAY AND PAYMENT TERMS section. We may require that you establish and fund an escrow account if one is not already required. C. We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. D. We may immediately take possession of the Property by legal process or self-help, if we do so lawfully. We may then sell the Property and apply what we receive to our reasonable expenses and then toward your obligations, as allowed by law. E. Except when prohibited by law, we may sue you for additional amounts if the sale proceeds do not pay all you owe us. Paragraphs C. and D. (above) apply only to personal property security interests. If this Contract is secured by a mortgage or deed of trust, then the foreclosure of such interest may impose other duties and limitations on our rights and remedies, as provided by law and the mortgage or deed of trust. By choosing any one or more of these remedies, we do not waive our right to later use another remedy. If we do not act on an event of default, we do not give up our right to later treat that type of event as a default. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer (or such other period of time as is required by law). When real estate is the security, other rules may apply. You agree that, subject to your right to recover such property, we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. If the U.S. Department of Housing and Urban Development insures this Contract under its Title 1 Property Improvement and Manufactured Home Regulations, our right to make you pay off this entire Contract is subject to the limitations of those regulations. ON 1Pa9e 3 et 4/ r 1 INSURANCE: You agree to buy insurance on the Property with the types and amounts of coverage indicated in the PROPERTY INSURANCE section, or as we otherwise require. You must name us as loss payee on any such policy. In the event of loss or damage to the Property, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair. or replace: the Property. If insurance proceeds paid to us do not. pay off this Contract, you are responsible for the balance. You will keep the insurance in effect until this Contract is paid in full. If the premium for property insurance is included in the Amount Financed and the insurance is canceled or terminated before this Contract is paid. in full, then you agree to give us any premium refund or rebate that you receive. We will credit the refund or rebate to the amount you owe us. We may, at our option, allow you to use the refund or rebate to help pay. for replacement insurance that you purchase. If you do not keep these promises,. we may buy insurance to protect our interest in the Property. The insurance we buy may include coverages beyond those we require you to buy and may be from a company you might not choose. The rate we pay may be. higher than a rate you might have to pay if you buy it yourself. We will add the premium for this insurance to the amount you owe us. Any amount we -pay will be due immediately. This amount will earn interest from the date paid at the applicable contract rate(s). OBLIGATIONS INDEPENDENT: Each of you who signs this Contract is independently responsible to pay it and to keep the other promises made in this Contract. This is true even if: A. Someone else has also signed it. B. We release or do not try to collect from another who is also responsible to pay this Contract. C. We release any security or do not try . to take back any Property. D. We give up any other rights we may have. E. We extend new credit or renew this Contract. WARRANTIES: We will provide. any warranty information to you separately. WAIVER: To the extent permitted by law, you agree to give up your rights to require us to do certain things. You do not give up any rights that are provided in this Contract (for example, see the NOTICE OF DEFAULT section). Unless the law or this Contract provide otherwise, we are not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or, (3) give -notice that we intend to make, or are making, this Contract immediately due. NOTICE OF PROPOSED INSURANCE: If so indicated on page 1 of this Contract, credit life insurance coverage and/or credit accident and health. insurance coverage will apply to this Contract. The insurance company named on page 1 of this Contract will write the insurance. The insurance covers only the signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on page 1 of this Contract. The term of insurance will begin as of the ® 1996 Bankers Systems, Inc., St. CbuE. MN Form RSSIMHl -PA 9122/98 date of this Contract and will end on the original due date of this Contract. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this Contract is prepaid before it is due, a refund of insurance charges will be made when due. ASSIGNMENT: This Contract is assigned to Assignee (identify): Tammac Corporation 275 Mundy Street Wilkes-Barre PA 18702. This assignment is made under the terms of a separate agreement made between the Seller and Assignee. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER Do not sign this Contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Buyer( X - S Z o?3 Signature Date X Signature Date X Signature Date X Signature Date. I ACKNOWLEDGE RECEIPT OF A C X Ad U F T?iPONTRACT: SELLER'S LL//?yll a Nafne afid"/fi a Co ntr side Villa a Homes, Inc Disbursement Date: (This date is for Title 1 HUD insurance purposes and may be completed after the Contract is signed to reflect the actual disbursement date, and not any estimated disbursement date. It may appear only on the original form.) {page 4 of 41 . I r 0 ASSIGNMENT OF RETAIL INSTALLMENT CONTRACT No. Date 05/22/2003 Seller Countryside village Homes Inc 9 Lantern Lane Phone: 717-532-5700 Assignee Tammac Corporation 275 Mundy Street Wilkes Barre, PA 18702 Phone: 570-830-0265 ASSIGNMENT BY SELLER Seller sells and assigns the Retail Installment Contract and Security Agreement No. dated 05/22/2003 -, (Contract) between Seller and Michael W Croutz (Buyer) to the Assignee, its successors and assigns, including all its rights, title and interest in the Contract, and any guarantee executed in connection with the Contract. Seller gives Assignee full power, either in its own name or in Seller's name, to take all legal or other actions which Seller could have taken under the Contract. Seller warrants: - - A. The Contract. represents a sale by Seller to Buyer. on a time price basis and not on a cash basis. B. The statements contained in the. Contract are true and correct. C. The down payment was made. by the Buyer in the manner stated in the Contract and, except for the application of any manufacturer's rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. D. The sale. was completed in accordance with all applicable federal and state laws and regulations. E. The Contract is valid and enforceable in accordance with its terms. F. The names and signatures on the Contract arenot forged, fictitious or assumed, and are true and correct. G. The Contract is vested in the Seller free of all liens, is not subject to any claims or defenses of the Buyer, and may be sold or assigned by the Seller. - H. A completely filled-in copy: of the Contract was delivered to the Buyer at the time of execution. 1. The Goods, Services, Vehicle or Manufactured Home, as defined in the Contract (Property) has been delivered to the Buyer in good condition and has been accepted. by Buyer. J. Seller has or will perfect a security interest in the Property in favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand, purchase the Contract from Assignee. The purchase shall be in cash in the amount of the unpaid balance (including finance charges) plus the costs and expenses of Assignee, including attorneys' fees. Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seller. Seller waives notice of the acceptance of this Assignment, notice of non-payment or non-performance and notice of any other remedies available to Assignee. - - Assignee may, without notice to Seller, and without affecting the liability of Seller under this Assignment, compound or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under the Contract. ? THIS ASSIGNMENT IS WITH RECOURSE:. This Assignment is made "with recourse" and Assignee takes this Assignment with certain rights of recourse against Seller. Seller agrees that if the Buyer defaults on any obligation of payment or performance under the Contract, Seller will, upon demand, repurchase the Contract for the amount of the unpaid balance, including finance charges, due at that time. ®THIS ASSIGNMENT IS WITHOUT RECOURSE. Date: 05/22/2003 Seller Title: 01997 Bankers Systems, Inc, Sr. Cloud, MN (1.800-3973341) Fmm AS ASSIGNLAZ 814197 f ra" / of 11 LY < L1 -1 p_ ?? CERTIFICATI- OF TITLE FOR A VEHICLE / , :.: .J I CHPA, DILA .LE nL:NI 11, :L-A r..r INT 1: N H ? ? hmn a•E our 5cAl aa= 7/14 /J3 7/14/n3 DATE 11 TDI En O?TE CASTLE .. . MAKI 1 v,-nll;Ll. 7/14/03 Hik)H 1111 -:IATF 1011. ENOCD.DAD IDEATED WEIGHT I Gvwn SECOND LIEN RELEASED OOOMLT-R DISCLOSURE EXEMPT BY FEDERAL LAW REGISTERED OWNERG, NICHACi W CRUUTZ . 45 SUMAC LN SHIPPLIISBURG PA L72S7 FIRST LIEN FA'JOR OF. TAMMAC CORPORATION REST LIEN eY AUTHORIZED REPRESENTATIVE MAILING ADDRESS 068001 TA,IMAC CORPORATION 273 MUNDY ST WE'-KES BARRE PA 18702 BY AUTHORIZED ?EPRESENTATIVE StiL3?5271'.!L CR u p NumDEn XF e T OGC CII r` I "DOM STA111S PCWR TITLE BRANDS ODOMETER STATUS I ACTUAL "IDEA.1 MILEAGE EY.GEEDS TIE MECNA.11,1L LIMITS 1 _ NOT THE ACTUAL MILEAGE 3="Or THE ACTUAL MILEAGE GEOMETER TAMPERING VERIFIED EXEMPT FROM ODOMETER NGCLOSURE TITLE BRANDS n TOVE VEHICLE C =CLASSIC VEHICLE D = COLLECTIBLE VEHICLE F = OUT OF GOUNTRY G + GRIG I4MTY MFGU. FOR NUN-U B "STRIBUFION AGeCULTUML VEHICLE L =LUGGING VEH ICE' a ISWAS A XX3_' VEi11CLE R RECONSTRUCTED = STREET ROD RECOVERED THEFT VEHICLE VEHICLE GGNIMNS LOSS O. vN FLOOD VEHICLE a = IS NAS A TAXI pwa' E .. lendr az m In. dare of ssNe me mnTim r noms :n Ire ree?svwana Daoano e of Transoonx 4Vn r0fle" tool me P.-FIDl o co noon, IR-1 IR s me Inwml mme,eid.ehmle. _ SUBSCRIBED AND SWORN TO BEFORE CIE. ALLEN 0 BIEHLER S,,,XW,X of Tribrumnatinn It a co-purchaser other than your spouse is listed and you want the line to be listed as -Joint Tenants With Right of ScDovorshlp' (On death OI one owner. tine goes to surviving owner.) CHECK HERE 0. Otherwise, the lille will be issued as "Tenants in Common' 'Or death of one owner, interest of deceased owner goes to lips/her heirs or Deals). rST LIEN DATE IF NO LIEN. LHEce ? rST LIENDOLOED 0 ? 11 N CD - - SECOND LIEN FAVOR OF n a -d Ilannmae: 6 Al. uvon I.EINDIM, el 1. 0s1 co u IhV W5: eri,dr.r m r I.- UNIX Tine tV ire Buremi nl Momr Vender "Im me spproo.fo.o tmm mM tee STTEEI CI Tr S1 ATE ZIP FINANCIAL. INST.I UT 111. 11,111ED 21111 1 CIF DATE .? 11 .0 LIEN. C.NECN UI r 11 RI Ell I IE11 yTNEEr --.- En? ,Cote rm FINANCIAL R._l IIT rNT ku,I -;; _? ?- HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION eY'. JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 TAMMAC CORPORATION, by assignment, FIRSTRUST BANK, now by further assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. MICHAEL WILLIAM CROUTZ, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No. 06-1063 AFFIDAVIT OF SERVICE I, Marjorie A. Zimmerman, Legal Assistant to James T. Shoemaker, Esquire, counsel for the plaintiff, Tammac Corporation, being duly sworn according to law, depose and say as follows: 1. On March 2, 2006, a notice of hearing for seizure of property scheduling hearing for March 9, 2006 at 1:30 p.m., in the above-captioned matter was sent to the defendant, Michael William Croutz, via U.P.S. next day air, tracking #1Z F14 A09 22 1006 743 8. 2. On March 3, 2006, an automated recording of U.P.S. confirmed that the above- referenced package was delivered on March 3, 2006 at 9:46 a.m. Sworn to before me this 3rd da of March, 2006. / - : / "/-/ Notary Public d' t4e:& rx Nt,c?1?- d Marj e A. Zim an CO?AMOITNSALTM OF PENNSYLVANIA ]07692.1 NOTARIAL SEAL i DFPT*4H A. HOUSENICK, Notary Public F t?I;t;r-Barre, Luzerne County ?,; C^snmial!:t Eur:kes O['t 5. 2005 SHERIFF'S RETURN - REGULAR r A. CASE NO: 2006-01063 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS CROUTZ MICHAEL WILLIAM SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon CROUTZ MICHAEL WILLIAM the DEFENDANT , at 0017:00 HOURS, on the 6th day of March , 2006 at 120 S. PRINCE ST SHIPPENSBURG, PA 17257 by handing to MICHAEL CROUTZ a true and attested copy of NOTICE together with COMPLAINT IN REPLEVIN, MOTION, BRIEF ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 18.48 Affidavit .00 Surcharge 10.00 .00 46.48 Sworn and Subscribed to before me this a,4,?- day of 1?u?cL.. a vO4 A. D. Pr otar So Answers: R. Thomas Kline 03/07/2006 HOURIGAN, KLUGER & QUINN By: ZY/Y Deputy S e i SHERIFF'S RETURN - REGULAR Y' t CASE NO: 2006-01063 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS CROUTZ MICHAEL WILLIAM SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon CROUTZ MICHAEL WILLIAM the DEFENDANT , at 0017:00 HOURS, on the 6th day of March , 2006 at 120 S. PRINCE ST SHIPPENSBURG, PA 17257 MICHAEL CROUTZ a true and attested copy of NOTICE OF HEARING FOR SEIZURE OF PROPERTY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 18.48 Affidavit .00 Surcharge 10.00 .00 46.48 Sworn and Subscribed to before me this a day of Mu?clti- ?vU4 A. D. Proth ary by handing to So Answers: R. 'Thomas 03/07/2006 HOURIGAN, KLUGER & QUINN By: 4VIA eputy She 1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esq. IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 ATTORNEY FOR PLAINTIFF TAMMAC CORPORATION, by IN THE COURT OF COMMON PLEAS assignment, FIRSTRUST BANK, now OF CUMBERLAND COUNTY by further assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. REPLEVIN MICHAEL WILLIAM CROUTZ, Defendant No. 06-1063 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Please discontinue the above action without prejudice. Thank you. Respectfully submitted, HOURIGA,KLUGER & QUINN P.C. BY: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (Telephone) (570) 287-8005 (Facsimile) Date: September 2, 2009 'JAMES T. SHOEMAKER, ESQUIRE ID NO 63871 Counsel for the plaintiff 880332.1 OF THE ?iF?Y 2009 SEE -:3 PH 12: 1 it