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HomeMy WebLinkAbout06-6536i 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, now by IN THE COURT OF COMMON PLEAS assignment, 1 s' NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, - CIVIL ACTION -LAW Plaintiff vs. REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: CSC. - (" s 3b (21 U l(, 4_ , 1 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFI(:bE ?I CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. r I 741897.1 f I I 1 I IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO I PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL II SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR Cumberland County Court House 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. I BY: James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation I I I I I 741997.1 I November 2006 William C. Knoche Debra S. Devor a/k/a Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 RE: Account No.: 98-2494 Property Address: 218 Birch Lane. Country Manor West, Carlisle PA 17013 IMPORTANT NOTICE I 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. 741906.1 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, now by : IN THE COURT OF COMMON PLEAS assignment, 1S' NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants CIVIL ACTION - LAW REPLEVIN ?" No.. (,?(. -- S3Co Clio COMPLAINT The plaintiff, Tammac Corporation, now by assignment, 1 ' National Bank of Pennsylvania, by and through its servicing agent, Tammac Corporation, now by assignment,f Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, William C. Knoche and Debra S. Dev6r a/k/a Debra S. Knoche {jointly, the "Knoches"}, as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre; PA 18702. 2. The Knoches are adult individuals having a last known address of 218 Birch Lane Country Manor West, Carlisle, PA 17013. 741905.1 r I On or about December 9, 1998, the Knoches entered into a manufactured; home installment sale contract (the "Contract") with Chesapeake Mobile Homes, 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 1999 Redman mobile home bearing VIN ?I 52886016901 KN (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.)I 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.) Ij 5. The Contract was assigned to 1" National Bank of Pennsylvania, but Tammac was retained as servicing agent for 1 s, National Bank of Pennsylvania. Tammac is the successor in interest to Tammac Corporation. 6. The Knoches defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. The Knoches are due for their January 9, 2006 payment. 8. The fair market value of the Collateral is unknown, but is believed to be less th'n the amount due and owing Tammac by the Knoches under the Contract. 9. Tammac believes and therefore avers that the Knoches have possession of the Collateral. 10. The Knoches have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammad 11. The balance of the Contract as of October 26, 2006 was $60,014.22, consisting of principal in the amount of $52,950.98, accrued interest in the amount of $5,125.89, 741905.1 2 li I I miscellaneous charges in the amount of $1,794.41, and late charges in the amount of $1'42.94, exclusive of attorneys' fees and costs. II WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against I the Knoches in the amount of $60,014.22, plus interest from October 26, 2006, attorneys'; fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a Iwrit of possession to the Sheriff directing the Sheriff to seize the Collateral. lil Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. I I I BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: November Y, 2006 741905.1 VERIFICATION I, Samuel Marsola, hereby certify that 1 am the Collections Manager with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to rhnake this verification on its behalf. The statements contained in the foregoing complaint are tru? 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. I Samuel Marsola I 741904.1 12/09/98 WED 10:31 FAX 18007852483 TAMMAC CORP. w? d,HESAPEAKE 1D003 PENNSYLYAIW4 M . ' ACTURED HOME 11117"LLMENT SALE CONTRACT. Dated: TettrRMRT?A t goat P ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE 4ATE CHARGE The amount of credit p. ovided The amount you Will have paid ;i The total cost of you purchase on The cost of your credit The dollar amount the to you or on you behalf. after you have made all credit, including your downpayme7n as a yearly rate. credit will cost you. payments as scheduled. of3 3,014.00 11.0000 % $ 112,145.50 $ 57,795.50 $ 169,941.00 $ 172,955.00 Y our Payment Schedule will : Nomber of Pa is Amount of Payments When Payments Are Due Security: You are giving a security interest in the manwactured home being 30 $ 566.47 Monthly, begiveling .-Vv purchased. Filet: if you pay elf alryr, you will not have to pay a penalty. Late Charge: R a payment is late, you wig be charged 2% of Ile portion of the payment which 6 late for each mouth, or part of a month grey r than days, that it remains unpaid. Assumption: Someone buying year manufactured home coact actual the remainder of this Contract at the WOW terms. See below mad any other Contract dectn>ems for any additional information about nonpayment, default, any required repayment in full bafo?a the scheduled date and prepayment refunds and penalties. a mpam estimate In ft Contract. ROUTE 30 ttheSELLER. CHESAPEAKE MOBILE HOMES ABBOTTSTOWN PA 17301 ante tens You are WILLIAM C KNOCHE DEBRA S OEVOR BUYERM _ 218 BIRCH LANE, , CARLISLE, PA 17013 It there is more than one Buyer, each of you promises, separately and together. to pay d sums due us and to traded in the following 197 manufactured home: Yearend N a balance is UN owing an the AN .00 014.00 -s N!A -$1,014 s A ante Sta Owing if wig our off this annum on your behalf. You warrant and represent to PROPERTY INSURANCE: You may them the pow 111(a nigh whom Insurance is obtaieed against ion of or dome to the manufactured Mme aad against liability arsin out of an or ownatshp of the tamufactured hero. N Two obtain property insurance through us, the prolamn costs for the insurance tams bdiuted blow are included in the item caged To Property Insurance Cony of the ITEMIZATION OF AMOUNT FINANCED section of this Contrast. N the section celled YOUR PROMISES ABOUT INSURANCE on the rewuse We of this Contract you am prarising to insure the manufactured home and keep it insured. X Manutectured Hone $ 418.00 Term 12 Mos. Other S N/A Tom _1Aos _ Physical Omar Int. X cazabensiwan s INCL. Tram 12 m,, othor s M/A Term Mat. Manuixtured Home ffiescribel X Fire and nail s INCL. Tenn 12 ,boa. TOTAL CHARGES t 416.00 CREDIT INSURANCE IS NOT REOUIREk Credit Life insurance is not required to obtain nedr, and wit gat be provides wiless you sips Wow and agree to pay the additional cost. Pose food the NOTICE OF PROPOSED CREDIT INSURANCE an the reverse side. Your insurance certiHeato or pokey will tell you the MAXIMUM aaonot of insurance available. By sgnbg, you select Single Ctlef t Ufa Insurance, what is your age? By signing, you both select leall Credit Life Insurance. Whet are which con t N/A - Years which costs s N, A your ages? Signaivre a Buyer to be insured or Single Credit Life ante 7nawte a both Buyers to be i1sur or Joint Credit Life Insunmce bismar: MANUFACTURED ROME: You spree to purchase, under the torn: of this Contract, the following manufactured ham and its spobwces, furniture, and fixtures uvbicln it caAad the "Mawtacturd Home" in thii Contract. squilinvent mu Year and Memtfaetum Length & Width Color 8 Model SP.hal Number N 1999 REDMAN 28X72 SHADOWRIDGE12234280 Equipped with ASSIGNEE: We may action this Contract will SetsallY Agreement to an'Assianee." If at say time the Owner of this Contract assigns this contract to matter assigns e, the tern than tutors to such other assignee. After the Assignment, ell tights and beef It of the We in this Contract and in the Security Agreement shall belong to a11d be miorceable by the Assignee. The Assignee wig notify you when and if Sugar makes an assignment. COSIBNER: Any person siprdrg the C*%%pRers Allotment premises, sepaetely and together with all CoSioaerls) and Buyer(s), to pay all :urns due and to Whom all agroarents in fhis Contract CoSNmr wig not be an Darer of the Manufactured Hems. CO.OWK& Any pawn signing the Co-Ownees Security Agramtent puss us a snowily interest in the Manufactured Vert and agrts, sspuately and togetler with H Co4Ownew(s) and Buyer(s), to perform erg agreements in the Security Agreement and all other pert: of this Contract except the "Predse to Pay" soctien. TERMS: The terms shown in the boxes above are gait of ibis Contract DU 00 NOT MEET TIN affect is between Seger and Buyer. All was howl base made by Sella saller ,..-*,.. Mi. re,,,.,,r m A. e. ..- Cgs Price 60,289.00 to Downpayment S Net awn s 3.014.00 Total wopayment I! 3 014.00 Unp ' Cash Price Balance I` 57,275.00 To Credit Insurance Company $ i N/A To roperty insarance Company t 418.00 To blic offwiab for: R License, Tags and Registration a I I 22.50 Uen Fee m S 5.00 To Sales Tax e I N/A ° To food Fee $ 25.00 a To Closing costs $ 50.00 Amount financed s 157,795.50 Finance C e $ 1112.145.50 Total of Pa meate (Time Balance) I 169,941.00 Payment S dule • You agree to pay to us the Amount Financed plus interest in 2 9 uninterrupted monthly payments at $ 566.47 each and a final tors 566.470. The first pa wil be due on AMMY , 1999 and thee payments wig a due on that same day oI each me th Ilowin . SECURITY AGREEMENT: To mum the payment of all one due and the pertamance of all mgWW ADDRESS WHERE MANUFACTURED HOME WILL BE KEPT: obligations ender this Contract you pre us a snowily interest in the Manufactured Home, in all applimces, furniture, squip ant and fixtures (9aAd 'accessional attached to the Manufactured Home at any later time, end in any proceeds of the ManUfaCIUMd Name, including hMrWA-e procaada The Assignee fray, aetolf my s 0OU Out and unpaid under this Contract against my of ADDITIONAL TERMS AND CONDITIONS: THIS CONTRACT CONTINU S ON THE REVERSE SIDE. Yale mown on deposit with Assignee. This includes any money which is now or any in the future be YOU ARE OBLIGATED TO ALL THE TERMS OF THIS CONTRACT WHICH A PEAR ON THE FRONT AND deposited with Assignw by you. Assignee may do this without my prior notice to you. REVERSE SIDES. Bysigtwatg to sell the MaufacturedHowtoyouunderthetermsofthisContract. NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT I BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YO SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. SELLER ESAPEA MOB HO ES BUYER ?.f24-- ?l ?1'- -- .... AJJ `q? WIL(7?,(?A C KNOCEf? ate BY: BUYFR ?'1 D l4l/ pt 1?Z_ f5 AU Date DEBRA S 0 ate BUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME OF SIGNING. A?J LLIAM C NOCHE VDBA 0 OR CO-316NER CO-SIGNER N NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. eANCONSUMER FORM PA525=A E 02197) ORIGINAL 12/09/98 WED 10:33 FAX 18007852483 TAMMAC CORP. CHESAPEAKE TAM-14401- ADDITIONAL TERMS AND CONDITION' i. PROMISE, TO PAY: You area to pay as the Total Sale Price for the Manufactured Hoare by onaking the Total Dewnpaymord prd us the Amount Financed phis iterat. you pmmse to auks paymanla in agcordoWI with the Peyotent Sshedrda. YW pproAr$a to anke peymoms on or Nform the aama day of each math n IM first paym?1 due date. YW spree to pay e,8 otha amwmIs which rule hasnte due ands tM teas of ties GmhaeI. You a to pay the 1lhger a Asstpneg casts ai »n. YW Nsa spew re per rwtsaabb sttmneys' fees if Shaw a aetgrwe laser ON Otto re ooAeet sments doe uAder this CoMrnI or to protest a pet poea"sen of the MamrfaNwed Mm You agren to make paymnts at Our piece of to sand payurris to the addMss which the Assitim a mot n:cently tpeelRn in the written "mice to you. 2. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of We Amount fkwxW end the Finance, Charge, The Finance Chafe consists sooty of interest compiled duly on ilia eutsliscolliqq behnte of that Amount Financed. The Fiance Charge, shown an the front a has been computed "on the essurmtica that we will receive al payments on their scheduod don datm & COMPUTING INTEREST: We will charge interest ON a dody basis an the outstanding balance Subject to imam on each stay of the lots tam The Italy interest rate to egnl tO the Annual Pamentape Rate divided by that owrba of days in that calendar ywr. Mar slips that ba lusa interest a csIculated on a daily basis, late payments will mauq in additio ned atoms land, if applicable a late charpel. Early payments will msult is lass interest bang charged. Early WAW late payments will cause the amermt of the final payment to drape. 4.. LATE CHARGE. Buyer afire" to pig a late eharga la any payment not made within 10 days ells its due date. The late share will be 21i pow month on the unpad amount of the payment. We will consider any pat of a month in exeeas al 10 days to he a full month. The late there will be he when viand. NO late cheerio aril be, due if ft meson that the payment is late is because, alts default, the entire aatstandap dNenct: on INS Contract 4 due. No fare there will be due if the only anion that the payment is We is because of a late charge astessad on an earlier payment. 5. APPLICATION OF PAYMENTS: We wJl apply payments in eke folownd order of pcority: interest. late Charges. fees and thin pdrrclaal & PREPAYMENT: You my Prop aqq, iaiuN at in part, the amotim and on this Coa and at say tare without pwahy. N you prepay the Contract n pop you agree to continue to make =ify sahedrded payments until pen pay a8 amounts due under tins CoMrast TW% wN mlKe the nuwmribeaa of payments you wig make. Ii you prepsy, o Iut we will refund to you my unnamed credit insurance preawm you pad. 7. WAIVERS: a, WAIVER BY SELLER AND ASSIGNEE We and Assignee waive the right to treat any property as saewhy, W the "Payment of INS Contract, isupi for the mmwtectwed Note and eke ottw 30 r apes tNntenad In this contract. bAIN NY 8 ER, MIGNER AND CO-0WNElt You &r" to make of poymmts on of before they am doe without our havng to ask. You give up any right you my have is Miami that we enforce our rights ggsirm sore othFEE: n a property Mton we soforce our items peat y". You am that we may phe top our mt o sane other person but not against your. Yet waive due diligence in cokctren end IN based so suMtyshnp end impairment all trotaierel or security, 8. INTEREST AFTER MATURITY AND JUDGMENT: Internet at Ike rate provided h, this Contract slid coalition to seem on the maid balance mtil paid in hk even situ mtoriry andlo r attar we of a judpnwt against you for the linsai l s due. Tba we a, "n a this matronly Davis because of scceieraden. If at my time interest n provided or is No's pa"tej* is ant pemdtod by law, ntw"t shall eccrua at the highm rote slowed by applicable low begunaag at that tuna. 9. YOUR PROMISES ABOUT OINI SECURITY INTEREST: You will not permit anymm other than us to obtain it security interest a other rights in the Manufactured Rom. You we, pay ON fitp lees necmay for us to obtain won oaatsn our security Merest in the Meautactorod ilaNe. Yon wilf assist as a Mriag ow sepmity newest acted an tM Certificate 9f This to the Manufactured Items. YOU VA ant seY y awe sway theMamtoetnNed Hem. If summers puts a lien on the Manufactured Hens, you wl PRY the obNpaten sod cos the Ban. 10. YOUR PROMISES ABOUT THE MANUFACTURED HOME: You will 14 the Manufactured Nom in good condition aed mpsir. You wR, pay ON tells sod charN" on the amlalured Horne. You will pay of costs N m imaiaing the Manufactwed Horn. You will not abuse the Manufactured NOW a parnh anything to be darn to the MomfoctWW fleet wfdcb Will reduce its raga, other that fa mmW wear and use. You wig not use the Manufactured Home or W purpnes of ter hire or base. You will not awe the Memfacdwod firm tram vow address dawn m the treat of this Contract IN a new permanent piece without nadfying us in advarrsm YON willpomii us to inspect the Mmdactwad Home at my rnswnoble Ina. You pm that the Manufacture Rom will, at of times onto this Contract is paid IN fur mini persW property. You else is plus the Manufactured Home in such a way.that it can be reared w .tsub.IW damage or Impairment of its yefuo. It you pier to place the Mamixtured HOme on a prarises YOU SUN bg*g, YOU must obtain a LO"Otd's Waiver miefacrory, to us. The !.milord's Weirs mast pant ls to Octet tin prmis" and to mposs"s the Manufactured Nome, rem if You IM in default of YOW lease. YOU Ogr" that You mast perform Yatr promises under this Contract even d the Manufactured Mom is last, dvrgW a deslroYSd 11, YOUR PROMISES ABOUT INSURANCE: Yes will keep the Manufactured Hone Insured agakut tee, theft and other hasatds against which owners custemmdy intent suck Monofactured H omt onto at sans dun as are paid is full. The insurance coverage must be satisfactory to " and protect your fracture ant our iternis at the dare of my nswed loss. The hum not mm ls as statistics- ern the policy. The Issuance must be written by an mare ics company duly licensed to tali Insurance in the state where the Ma volmli ed Mein is permanently kept. The Inswmce poky mat provide us with at lost to days prior written Notice of any cmceNulien or inductor in mrwaga, On Mont. you string d*m the poky or other owevin of intense" cevtmpe to us. In tha avant el any loss or damage to [be MaWfectured Flom, you will immediately Notify us in writing and Rla a I of Lear with the insurer. We may fie a proof of lass on you behalf it you tai or refuse to do seprooWe my tandem your rem to coy duck, draft or othw iminNrant we receive in payment of en 1 1033 or nun mswanee imam. We may spyty, any ina9rorrce Moaedt we Mcsive to repair a nolaee IM Mmutxlwed flame iL in our opinion. A is "oremieely hasgde ant you are oat then in default coda IMs Cantrett Otherwise, we will apply the WMRCe proceeds to Mduce the repaid bob"" due UL 12. OUR PROMISES ABOUT INSURANCE: This porogrehh oppgn only R we have conuacted to purchase physical damegt, comprehensive. Am aadla I ft nwrmm at Yale expense and the premium l an ban included In tM Amount Fnmee& 11 you "T mw- the owes due on this Contract, unless you specifeely mgnest cancellation, the insurance w rwne- In eifOCt to its scMdubd expiration data. H the mummce we obtained for vat is canceled by tin insurance company prior to its scheduled activation dote. we wig attempt to place compuabte insurance with anothes insurance company on your bells" andpm you a copy of soy are Unable to do sor we wN iwtity yet Uslt you broker of dour choice. H replacement corarape tdS period of the wipinef iesuranco poky. s. 13. BUR BIGHTS IF YOU BREAK YOM PR MANUFACTURED HOME OR 112 SCE: H yon hero of the costs cum" to keep the shenco any money You pron"ed to pay. It you f we mar advance mercy to obtan insmanq to co We Awe the choice of vmaher or not to odvaae he killed to in *must ant groats than what you advance an your behalf to the befmce en wfec fhraeMage Rate of IMi Comifaa. You spree to magi W immediately on around a 01 along with Year m reply the annoy sdvaeaa? shag with yam aentMy payawls and how app tore have to miry, It on permtted by love, coo sot hove tke 91kw rpbls twat Z oIsme to paoftrm ywr ?omsos n this Ceara cooed YOUR PROMISES ABOUT THE MAMIFAC INSURANCE and oar rights larder Ibis orlon shall r action end shelf apply Until of amounts owed are pair 14. DEFAULT: lac this paavmph "You" means the them. You will be In "Defauk of this Contract if any a. You do not make any psyment on or betwe it b. You do not keep say promise you made in the c. You de, not keep any promise you made in Sok or Assignee; or it. YOU made any untrue statement in the cm*I e. You committed any torgery in coma" wit f. You din are convicted of a crime involving h jurisdiction to do so, to be Incapacitated; or g. You file b"krupicy or insolvency proceed Proceedings against yyoou; or h. You use are Mawfa lured Home a "Low st to be covered by your Insurance; a 1 You do sonetonp that causes the Manuh gonrnmenl eutbatfor a The Manufactured Home is os1, stolen, deal Noi flied or found whhil a reasonable ti s; a Asapk. Anot??creditur ios to take the MrWh process. 4004 alpsa ebtdn e policy we obtain on year behall. I I in addit do itss ttoo run INtthe e nni r"nlMurso you for the casts. 1313 ABOUT THE SECURITY 111TERE is keep ywr promises to pay Oft Ism to red Nome fa read eoniffl W and Mob. we e to seep row proms" about mlNN r omouoaofy a dump is the f a we of fMOhrContract, We vril sad No l we htp"e Finance Clue" N f the annoy admesd"wa Slone Il payments. N we choose to enu, we can doom the sme our rights sand In skis pan Ow pop=* an yaw bohsg w to muuop with any pidpol entered in any opt yet Ca•. w and Co?Gwmr, of any on o t or more o the following things happen: due; or antracG or nha contract, nose, ban or agrtWWI will guton for INS contract: of is Contract; or of dishonesty, or am found by a court. whet or anyone flex baakruptcy or ir"Fiency also to use it to a way that cam it not r d H- to be object to confiscation by a darng0ed beyond owitinical repair, and r Nome a vow money on deposit with 15. OUR RIGHTS W YOU ARE IN DEFAULT OF TINS RTI Contract, we my enforce ea rights according to law, an we endlor dgm to cue a rw? it" by law. We only area l1 1 Contract. We my do oNo of hw thhps and at the same or we may do am the following: a. ACCELERATION: We candaruad that you pay to Contract and ed unpaid Femco Cbarpls end atMr m?oqq to"n lam satpo WYwant immediately upon rec ' p war b. REPOSSESS! ?N-1re can ryossoss the Moot red can do this ourselves, Move a mpalRed parson do It for vs, do it for US. You egret that we can pnc"hly on on to w other things found in tbw Manufacture d Home, but will rM t want these things back, you agree to ask us in a latter Beni o tiny CU IN ant send us this terse, r u ' f ctured Hemtoand 1 aesi?p tM arse poles In c. VOLUNT UN, my; We to ask you to of a us M it, DELAY IN ENFORCEMENT: We can delay entom" losing any tights. 16. SOME THINGS YOU WOULD KNOW IF WE REPOSSES repossess without Uskro a gournmem official Illy repkwinl:, a. NOTICE- We wit send you a Notice it Repau"sac This Notice will loll you law to buy back fredoend tire Merrill other information mubed by law. b. CURE: You have the,rp, m to cure Yaw Default at am Farm. !t you cue your Detsuk, this Coarser comp remain in occurred. c. REDEMPTION: YouAovs the right to buy back had days of mmaihnp the Notice of Reponesson and of any eta d. SALE: If you do not core year Default or redeem, you Manufactured Hans. The many toe" at Note will be Need pay the amount pm owe m )his Contract. o. StNtP Las OR DEFICIENCY: It them is money loft, w owtL Buyer a enough money from ties sale to pay whit you owed to us. f. EXPENSES. We have the fight to charge Yyeaw sod yye,' stay, leper mp p ednp or sale and selling De Maautac Those costs wN I bed" it. 1. Defadt exceeds fifteen 1151 days at the runs of rep 2. The cams we actual necessary end reasonable; mu 3. We con prove tire toils were pod. F. N you are is Default at I- you any appMsrik IN the with unpad bulanco owing on this . YAW Tar that you will pay this Home, dOntario pmbiaW by ow. We bare a poremmem official hby reokvin) propwfy to do tbs. We may take MY hem thnaggss to you if ask, If you ls by cemtl nag wkYqW24 hours. it hangs. You awes that we way use your up it to a pace for storage. Manufactured Hem at a mosonably we ask. r rights undo this Contract without THE MANUFACTURED HOME 11 we a your lost address we know "kart. tturod Home. This Notice will tog you sin before we sell The Manufactured effect as though the Oebuh had net rN the Manufactwed Hine with 15 in before we sell the Manufmured up el claim to and we, wig ad the pay coefs and expanses, and then to it pay it to the Buyer. If there is net Co-Sprm agree to pay what is a 0 to pay the costs of mpoa"seng, Herne as may be allowed by low. death, this Contract shelf be 17. HEIRS AND PERSONAL REPRESENTATIVES BOUND: run enfon eeWe against Your hours and parsmal representatives of yw 18. GOVERNING LAW: Tim Contract is to be nterpmed accord 19. SEVERABWTY OF PROVISIONS: R for my reason any part void or ussolorceahle, that pat skelt not be a pert of this Contra 20. ASSIGNMENT BY BUYER: Buyer shat not assign this Canon 21. THERE ARE NO WARRANTIES By SELLER, EXPRESSE WARRANTIES OF MERCHAIFTABI117Y AND FITNESS FOR A WE RAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY, to the law of Pennsylvania. IW Contract shall become illegal, 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 08 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT INSURANCE The signeris) of this Contract hereby taketal notice "I Group Credit Ufa Insurance coverage will be applicable to this Contra t if so marked on the front of this Contract, and the coverage will be written by the insurance company named. This Insurance, subject to acce Lance by the Insurer, covers only the person of persons signing the request for such insurance. The amount of charge is indicated for the edit Insurance to be purchased. The term of insurance will commence as of the date the Indebtedness is incurred and will expire on the original sc eduled maturity date of the indebtedness, unless a shorter term is so marked on the front of this Contract. Subject to acceptance by the insurer and Ithin 30 days, there will be delivered to the insured debtor(s) a certificate of Insurance more fully describing the insurance. In the event o prepayment of the Indebtedness, a refund of insurance charges will be made when due. PASMI.C 4 t bsl9n ORIGINAL ..vv, Vu1.4VV .[]turn- --I . --- vuli Vr]1 ?-- *J V1L The SELLER. E h,,iS Name Address DEBRA S DEVOR The BUYER(S). WILLIAM C KNOCHE 218 1 Name Address ABBOTT ASSIGNMENT PA 17301 13 To induce you, f AMMAU uunrunA i s um the "Assignee" to purchase the Contract dated 7_7- q" with a total sale price of 169,941.00 a Seger hereby warrants and represents, and continues to warrant and represent that: the sale has been made in strict conformity with all applicable federal, state and local laws a regulations; our title to the Contract and the Manufactured Home covered thereby is absolute, free of all liens, encumbrances and security interests, and is subject only to the rights of a Buyer as set forth therein; the Contract is genuine, the signatures thereon are not forgeries, arose from the sale of the Manufactured Horne therein described, and all parties theret am of full age and had the capacity to contract; the description of the Manufactured Home and extra equipment is complete and cornet; the cash downpayment andlor trade-in allowa a were actually received and no pan thereof consisted of notes, post-dated checks, other credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (howev r manufacturer rebates may constitute all or a part of the downpayment); all warranties and statements therein am true, them is owing thereon the Amount Financed plus interest at th Annual Percentage Rate of the Contract set forth therein; we are duly licensed under state law in. which the above referenced Contract was executed (if so required) and have duly cc plied with all requirements thereof with respect to the transaction and with the federal Truth-in-lending Act and with any other federal or state law, rule of regulation applicable to t Contract; a Manufactured Home title certificate showing a lien or encumbrance in favor of Assignee has been or will be applied for promptly; the Buyer(s) named in the within Contract (are) personally known to the Seger to be the soma identical person(s) whose signature(s) is (are) affixed to the Contract and Seger has no knowledge of facts impairing the validity or v lee of the Contract. If any such warranties.or representations should be breached at any time, Seger shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as set forth below and said remedy shag be cumulative and not exclusive, and shall not affect any other right or remedy that Assignee m ht have at law or in equity against Seger. In the event that Buyer fails or refuses to make any payment due hereunder on the assertion. either oral or written, that the Manufactured Horn is defective, not as represented to the Buyer by Seller, or that Seger refuses to honor any warranty at service agreement of Seller or manufacturer, Seger agrees that, an being iced by Assignee of such claim of Buyer, Seller will repurchase the Contract from Assignee and pay Assignee for same immediately in accordance with the repurchase terms set fort below, and Seger further - agrees to hold Assignee harmless from any other claims of Buyer; including attomeys' fees; costs and expenses incurred in defendingagainst claims asserted by. uyer and 'mclut ing-claims for refund of payments made by Buyer to Assignee. H the Seger contracts to purchase property insurance on behaH of the Buyer, and that insurance is c ncelled by the insurance company prior to its scheduled expiration date, Seger wig attempt to place comparable coverage with another insurance company on behalf of the Buyer. H Se is unable to do so, Seller win notify Buyer and pay to Buyer any addhional costs incurred by the Buyer in obtaining replacement insurance for the unexpired period of the original insuranc policy. By dekvering the Contract to the Assignee and accepting payment for it, Seger authorizes the Assignee to complete or correct the identification of the Assignee in this Assig ment to reflect the true Assignee who purchased the Contract, andlor to sign Sellers name to this Assillmant, without recourse, if this Assignment has been delivered without Seller's a' nature. In the event that Seger is required by this Assignment to repurchase the Contract andlor Manufactured Home, Seller shag pay to Assignee, in cash, the full lance of the Contract as of the date of repurchase, plus any then earned Finance Charge and any and all costs and expenses paid or incurred by Assignee in respect thereto, includng reas able attorneys' fees, in connection with claims by or against any Buyer, Owner or persons in possession of the Manufactured Home andlor by or against Seger. For value received, Seller hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within Contract, all moneys due and to bee doe thereunder, and all right, title and interest in and to the Manufactured Hones therein described, with fug power in the Assignee in its of our name to take such legal or other action wh h we might have taken save for this Assignment. Unless Seger marks either of the endorsements below, tilled "WITH FULL RECOURSE" or "WITH REPURCHASE." Seller's assig shag, except for the provisions of the paragraph tiled 'Assignment," be without recourse. ? WITH FULL RECOURSE - Seger agrees that, in addition to the paragraph above titled 'Assignment* in the event of default by Buyer in the fug payment on the ue date thereof of any payment under the Contract or in the prompt performance of any other obligation to be performed under the Contract by Buyer, Seller will, on demand by Assign forthwith repurchase the Contract from Assignee for a repurchase price, in cash, computed as set forth above. ? WITH REPURCHASE - Sadler agrees that, in addition to the provisions of the parag repossess the Manufactured Home, Seger will. if the Manufactured Home is reposseas?b Home, Isrthwhb repurchase the Contract and the Manufactured Home from Assignee Jblrr a By spring below, we agree to the terms of this Assignment. Seller CHESAPEAKE MOBILE HOMES ORIGINAL titled "Assignment," m the vent of any default by Buyer which all entitle Assignee to nee and debve sol an regard to the then cormdt' of the Manufactured *so price, ' th, c rated as set orth above. Date mCONSUMER FORM US ASSIGN t (2!971 DEPARTMENT OF TRANSPORTATION, CERTIFICATE OF TITLE FOR A VEHICLE 1 4 99DD6Dt?lfltlOfl483-pU1 'r= VEHICLE IDENTI FICATION NUMBER YEAR MAKE OF VEHICLE TITLE NUMBER - BOCV T'rRE DUE SEAT CAP PRIQR TIT LF STATE ODOM. PROCD. DATE ODOM, MILES ODOM, STA NS ? .. I EL DAT UNLADEN WEIGHT 7 GVWR; GCWR TITLE BRANDS. ODOMETER DISCLOSURE EXEMPT``BY FEDERAL LAW, HECISTEBED OWNER(S) WILLIAM C KNOCHE E DEBRA S DEVOR 218 BIRCH LANE CARLISLE PA 17013 i FIRST LIEN FAVOR OF TAM 4AC CORPORATION FIRST LIEN RELEASED t DATE BY AUTHORIxD REPRECFnR4TIVc MA,LING ADDRESS 1131007 TAMMAC CORPORATION 27S MIUNDY ST WILKES BARRE PA 18702 SECOND LIEN FAVOR OF t ODOMETER STATUS O= ACTUAL MILEAGE 1 = MILEAGE EXCEEDS THE MECHANICAL - I. WIT- - V f ?"1 L r, f. ' MI EAGE 3= NOTYHEACTUAI %V-% 3E-ODOMETER TAMPERING VERIFIE. 4 EXEMPT FROM ODOME"FF OISCLDSURE TITLE BRANDS A- ANTIQUE VEHICLE - C :CLASSIC VEHICLE D = COLLECTIBLE VEHICLE F = OUT OF COUNTRY G = ORIGINALLY MFGD. FOR NON-U.S. DIS$TRIBUTION H - ANICULTURAL VEHICLE L = LOGGING VEHICLE P = ISANAS A POLICE VEHICLE R = RECONSTRUCTED S =STREET ROD T = RECOVERED THEFT VEHICLE V = VEHICLE CONTAINS REISSUED VIN W = FLOOD VEHICLE X = ISIWAS A TAXI If a second ieftlflolder is listed upon satisfaction of the first lien, the first Genholder, must forward this Title to the Bureau of Motor Vehicles with the appropriate form and fee. SECOND LIEN RELEASED D I BY ..I ; AUihJRtZE .L'RE9ENTATIVE 1 certify as of the date of issue, the official records or the Pennsylvania Department of Transportation teflect that the person(s) or company named herein is the lawful owner of the said vehicle. SUBSCRIBED AND SWORN TO BEFORE ME. MO. D A Y YEAR SIGNATURE OF PERSON ADMINISTERING OATH 9r J I Q _ u W U) The undersigned hereby makes application for Certilicale of Title to the vehicle described above,. subject to the encumbrances and other legal claims set forth here. 8,RADLEY L MALLORY Secretary of Transportation When applying for title With a co-owner, other than your spouse, check one of - these blacks. It no block is check".1ido will be issued as "Tenants lh Common'". A ? doint :renants with Right of Survivorship (on death: of am owner, title goes to the surviving. owner). B ? "Its if, Common (an death of one owner,: interest of deceased owner goes to his or her heirs or estate). 18T LIEN DATE: -? IF NO LIEN, CHECK 1ST LIENHOLDER STREET CITY STATE ZIP FINANCIAL INSTITUTION NUMBER 2NO LIEN DATE: ? IF NO LIEN, CHECK 2ND LIENHOLDER STREET CITY STATE ZIP SIGNATURE OF CO-APPLICANT/TITLE OF AUTHORIZED SIGNER I FINANCIAL INSTITUTION NUMBER 1 1111 t? £a. d W ? F VD C ..7 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PL assignment, 1" NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, , Defendants No.: -(o3 !c+ CIO PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff Tammac Corporation now by assignment 1St National Bank of ?I 'l I , Pennsylvania, by and through its servicing agent, Tammac Corporation, now by 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 defendants, William C. Knoche and Debra S. Devor a/k/a Debra S. Knoche, as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendants. (A true and correct copy of plaintiff's complaint in replevin is attached hereto 741902.1 ill I' pursuant to Pa.R.C.P. No.1075.1(b), incorporated herein by reference pursuant to Pa.R.O.P. No.1019(g) and marked as Exhibit °1.") r WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothol? notary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. I?Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 November K 2006 James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings, Corporation, 741902.1 2 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, now by : IN THE COURT OF COMMON PLEAS assignment, 1St NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: COMPLAINT I The plaintiff, Tammac Corporation, now by assignment, 1" National Bank of Pennsylvania, by and through its servicing agent, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger Quinn P.C., hereby complains against the defendants, William C. Knoche and Debra S. Dovor a/k/a Debra S. Knoche (jointly, the "Knoches"), 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-Barlre, PA 18702. 2. The Knoches are adult individuals having a last known address of 218 Birch Lane, Country Manor West, Carlisle, PA 17011 741905.1 3. On or about December 9, 1998, the Knoches entered into a manufactured' home installment sale contract (the "Contract") with Chesapeake Mobile Homes, 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 1999 Redman mobile home bearing VIN 52886016901 KN (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 III 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 1" National Bank of Pennsylvania, but Tammac I was retained as servicing agent for 1 St National Bank of Pennsylvania. Tammac is the successor in interest to Tammac Corporation. 6. The Knoches defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. The Knoches are due for their January 9, 2006 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 the Knoches under the Contract. 9. Tammac believes and therefore avers that the Knoches have possession of the Collateral. 10. The Knoches have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 11. The balance of the Contract as of October 26, 2006 was $60,014.22, consisting of principal in the amount of $52,950.98, accrued interest in the amount of $5,125.89, f e 741905.1 2 I' I II. miscellaneous charges in the amount of $1,794.41, and late charges in the amount of $142.94, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and the Knoches in the amount of $60,014.22, plus interest from October 26, 2006, attorneys' es and costs, and requests this Court to enter an Order directing the Prothonotary to issue a 'rit of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: November _!K, 2006 741905.1 3 VERIFICATION I, Samuel Marsola, hereby certify that 1 am the Collections Manager with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I have the authority to''nake this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Samuel Marsola II II 741904.1 r,_j ?? t? ? 7 ?? ! ?%? .--{ ^? "?1 ? . ,,.. ,.,_, ? i T f . t, ?? ` , ?? + t - ?. '?? L,.3 :- - .... '?7 ' _.. 3 NOV 14 2006 yl y TAMMAC CORPORATION, now by assignment, 1 s' NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN ORDER AND NOW, this day of 0 D I, 2006, at ' d5 o'clock z .m., it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the 0700 7 / g day o , 2-9ft at /0: Y,S- o'clock, a.m., at the Cumberland County Court House, Carlisle, Pennsylvania, Court Room _/ . BY THE COURT: sc: William C. Knoche Debra S. Devor a/k/a Debra S. Knoche James T. Shoemaker, Esquire XI- 741903.1 90 -.? IvId E ! !'X`li Berl 0-3 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, now by assignment, 1$' NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants REPLEVIN No.:06-6536 - Civil Term NOTICE OF HEARING FOR SEIZURE OF PROPERTY To: William C. Knoche 218 Birch Lane County Manor West Carlisle, PA 17013 Debra S. Devor a/k/a Debra S. Knoche 218 Birch Lane County Manor West Carlisle, PA 17013 YOU ARE HEREBY notified that: 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, the brief in support of motion for writ of seizure and the Court's Order dated November 16, 2006 is attached to this notice. 2. There will be a hearing on this motion for writ of seizure on Thursday January 18, 2007 at 10:45 a.m. at the Cumberland County Courthouse Annex, One Courthouse Square, Carlisle, PA 17013, in Court Room No. 1. 746508.1 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. 4. Your failure to appear at the hearing may result in the seizure of the property claimed by the plaintiff before a final decision in this case. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December 1, 2006 746508.1 1 w TAMMAC CORPORATION, now by assignment, 1" NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: ORDER AND NOW, this A cc, day of -v, , 2006, at 0-'0 s 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 9 at 104'-!!' o'clock, r..m., at the Cumberland 01 1 County Court House, Carlisle, Pennsylvania, Court Room _ I sc: William C. Knoche Debra S. Devor a/k/a Debra S. Knoche James T. Shoemaker, Esquire 7419011 BY THE COURT: J. TRUE C0 1-y :u?i?; 1nTesty whereof. d col here un>?e set MY han© the deal of said Court at h` i7 - , Pa. Prirr?lta??,?ter•r I HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, 1St NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants r, ^-J W ATTORNE.(FOR- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, 1" National Bank of Pennsylvania, by and through its servicing agent, Tammac Corporation, now by 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 defendants, William C. Knoche and Debra S. Devor a/k/a Debra S. Knoche, as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendants. (A true and correct copy of plaintiff's complaint in replevin is attached hereto 741902.1 I pursuant to 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, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 November !?' 2006 741902.1 HOURIGAN, KLUGER & QUINN, P.C. BY: `- James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation, 2 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager 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. Samuel Marsola 741900.1 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, now by : IN THE COURT OF COMMON PLEAS assignment, 1St NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: COMPLAINT REPLEVIN The plaintiff, Tammac Corporation, now by assignment, 1" National Bank of Pennsylvania, by and through its servicing agent, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, William C. Knoche and Debra S. Devor a/k/a Debra S. Knoche (jointly, the "Knoches"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 2. The Knoches are adult individuals having a last known address of 218 Birch Lane, Country Manor West, Carlisle, PA 17013. 741905.1 3. On or about December 9, 1998, the Knoches entered into a manufactured home installment sale contract (the "Contract") with Chesapeake Mobile Homes, 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 1999 Redman mobile home bearing VIN 52886016901 KN (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 1 s` National Bank of Pennsylvania, but Tammac was retained as servicing agent for 1 t National Bank of Pennsylvania. Tammac is the successor in interest to Tammac Corporation. 6. The Knoches defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. The Knoches are due for their January 9, 2006 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 the Knoches under the Contract. 9. Tammac believes and therefore avers that the Knoches have possession of the Collateral. 10. The Knoches have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 11. The balance of the Contract as of October 26, 2006 was $60,014.22, consisting of principal in the amount of $52,950.98, accrued interest in the amount of $5,125.89, 741905.1 2 I miscellaneous charges in the amount of $1,794.41, and late charges in the amount of $142.94, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Knoches in the amount of $60,014.22, plus interest from October 26, 2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: November Y, 2006 741905.1 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager 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 complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Samuel Marsola 741904.1 ?; '-'art 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, now by assignment, 1" NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN ...5 2 ( D Gi'cj L L' NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 741897.1 0 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. COURT ADMINISTRATOR Cumberland County Court House 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 Holdings Corporation 741897.1 2 November i 2006 William C. Knoche Debra S. Devor a/k/a Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 RE: Account No.: 98-2494 Property Address: 218 Birch Lane Country Manor West, Carlisle. PA 17013 IMPORTANT NOTICE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITTEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 741906.1 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, now by : IN THE COURT OF COMMON PLEAS assignment, 15t NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: COMPLAINT REPLEVIN The plaintiff, Tammac Corporation, now by assignment, 1s' National Bank of Pennsylvania, by and through its servicing agent, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, William C. Knoche and Debra S. Devor a/k/a Debra S. Knoche (jointly, the "Knoches"), as follows: Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 2. The Knoches are adult individuals having a last known address of 218 Birch Lane, Country Manor West, Carlisle, PA 17013. 741905.1 i 3. On or about December 9, 1998, the Knoches entered into a manufactured home installment sale contract (the "Contract") with Chesapeake Mobile Homes, 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 1999 Redman mobile home bearing VIN 52886016901 KN (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 1St National Bank of Pennsylvania, but Tammac was retained as servicing agent for 1s' National Bank of Pennsylvania. Tammac is the successor in interest to Tammac Corporation. 6. The Knoches defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. 7. The Knoches are due for their January 9, 2006 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 the Knoches under the Contract. 9. Tammac believes and therefore avers that the Knoches have possession of the Collateral. 10. The Knoches have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. 11. The balance of the Contract as of October 26, 2006 was $60,014.22, consisting of principal in the amount of $52,950.98, accrued interest in the amount of $5,125.89, 741905.1 2 miscellaneous charges in the amount of $1,794.41, and late charges in the amount of $142.94, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Knoches in the amount of $60,014.22, plus interest from October 26, 2006, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: November '*61, 2006 741905.1 VERIFICATION I, Samuel Marsola, hereby certify that I am the Collections Manager 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 complaint are true and correct to the best of my knowledge or information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Samuel Marsola 741904.1 IZ/VV/UO wCU LV:,51 YHA 10VVrOD4403 lammak, UVAY. a.. UfftbAYY:AAt Lqj UV.t PENNSYLVA[w_1 Mi' ' iCTURED HOME IN°"" LLMENT SALE CONTRACT Dated: DE ?*?a+3ER 1998 ry - ANNUAL PERCENTAGE , iATE FINANCE CHARGE Amount Financed Total of Payments The amount of credit p: ovided The amount you will have paid Total Sale Price The total cost of our urch g The cost of your credit as a earl rate The dollar amount the di ill to you or on your behalf. after you have made all y p ase on credit, including your downpayment y y . cre t w cost you. payments as scheduled. ofS 3,014.00 11.0000 % $ 112,145.50 $ 57,795.50 $ 169,941.00 $ 172,955.00 Nomber of Pa is Amount of P manta When Payments Are Due Security: You are giving a security interest in the manufactured home being 30 $ 566.47 Monthly,bepinnin purc hased. I I -- -? Prepayment: If you pay If 981u, you will not have to pay a penalty. Filing Fees $ 5 Uu Late Charge: K a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. Assumption: Someone buying your manufactured home cannot assigns the remainder of this Contract on the original terms. See below and any other Contract documents for any additional information about nonpayment, default any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate In this Contract, ROUTE 30 IF YOU DO NOT MEET YOUR CONTRAC' we are OBLIGATIONS YOU MAY LOSE TH IMSELLER. CHESAPEAKE MOBILE HOMES ABBOTTSTOWN PA 17301 MANUFACTU?tEDHOME ANDPROPERTY TK sae d rem YOU BOUGHT WITH THIS CONTRACT, AND)OI You MONEY ON DEPOSIT WITH THE ASSIGNEE. WILLIAM C KNOCHE DEBRA S DEVOR This Contract is between Selland Buyer. A. Ike DYER(S). Na s 218 BIRCH LANE, , CARLISLE, PA 17013 disclomres have urea made by SeAer..Sde intends to assign this Contract to the Assignee. ress es PROMISES JOINT AND SEVERABLE: If there is more than one Buyer, each of you promises separately and together to pay of sums due us and to ItarriftIftwe n ofArnauntfinanead , , perfomm aq agreements in this Contract. Cash Price TRADE-iN: You have re n °a S 60, 289.00 aanutdr edho e : 1974 SCHULT s3,014.00 .S N!A -s3,014.00 Cash Do wnpayment Year and Make LAV and o Gross Allowance tip owl" Not radede it a balance is stN owing on the maufactured borne you have traded in, the Soler will pay off this amount on your behall You warrant and re resent to g . p us that any tredbin is tree from Aen, claim, encumbrance or security interest, es Pas shown above as the amount "SIN Owing.- Net Trade-in PRDPERTY INSURANCE: You may them the perms through whom insurance is obtained pains! less of or damage to the manefoctured hams and against liddty arising Part of use or ownership of the manufactured home If en obtai i h h S 3.014.00 . y n pint erly nsurance t roug us, the prioium tests for the insurance terms indicated below Bra included in the ite n called To Pro ert Interi m@ Co f th ITEMIZATION OF AMOUNT FI E Total Oownpayttent . p y mpany o e NANC D section of this Contract. In the section called YOUR PROMISES ABOUT INSURANCE on the reverse side of this Contract, you are promising to insure the manufactured bean and keep it insured $ 3,014.00 . Unpaid Cash Prase Balance X Manufutured Hems S 418.00 Term 12 Mos. Other $ H/A Tam Mos. - $ 57 275.00 Physical Damage in luacnbe) To Credit Insurance Company X cmv frerniven $ INCL. Tom 12 Term Mos. O Mos. d $ MIA ua $ N/A ManufacloedHome sc b To Properly Insurance Company X Fin and Theft s I HCL . Turn 1os. TOTAL CHARGES $ 418.00 f? $ 418.00 CREDIT INSURANCE IS NOT REQUIRED: Credit Life Inswenee is Pat required to obtain auk and will not he provided unless you sign below and agree To ubBe officials for: , to pay the additional cost. Please reed the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your Insurance certificate or policy wig td = License, Tags and Registration you the MAXIMUM amount d insurance svanablF °e S 22.50 By signing, you select Single Credit Life Insurance, What is yourage? By signing, you both select Joint Credit Life Insurance, What are g Lien Fee which costs t N/A Years which costs 1 N, A your ages? $ 5.00 _ .F To Sales Tax e s N/A Signature o Buyer to be insured or Single it le wance > To Flood Fee t B b i 9 $ 25.00 rJne v(e o of uyers to e nsured or Joint Credit life Insunnu To Closing COS t s Insurer: $ 50.00 MANUFACTURED HOME: You spin to purchase, undo the terms of this Contract the foaow* manufactured home end its appliances, furniture. " Amount Financed "Al me nt and fixtures, which is called the Manufactured Home" in this Contract Rfu Year and Manufacturer Firth & Width Curler A Model Serial Number S 57.795.50 Finance Charge N 1999 REDMAN 28X72 SHADOWRIDGE12234280 $ 112 145.50 Total of Payments (Time Balance) EWiaDed $ 169 941.00 with Payment schedule - You agree to pay ASSIGNEE, We may assign this Contract and Security Agreement to an "Assignee." If if any flow the Owner of this Contract assigns this Contract to to us the Amount Financed plus another assignee, the tern then raters to such ether aasigrwt:. After the AssgnnwM, all fights and benefits of the Seger in this Contract and in the S it A h p b l d b f bl b h A i Th i interest it 299 uninterrupted monthly y ecur greement s o e ay to an e en orcea e y t ss gnee. e e Ass gnor: will notify you when and 4 Sena makes an assignment. COSIONER: Any person signing the Co-Signer's Agreement promises, separately and together with d Cc-Signals) and Boyerlsi, to pay all scans due oral payments of $ 5 66.4 7 7 each to perform all a raaments in this Contract. Co•Sigtwr wed not be an Owner of the Mnufacttaed Harm. and a final payment of $ 566.479. CO-OWNER Any person signing Ike Co-Owners Security Agreement gives us a security interest in the Manufactured None and agrees, separately and The first payment will be due on together with as Co-Ownors) and Buyerlsl to perform all agreements in the Security Agreement and erg other parts of cis Contract oscept the "Promise ' ANUT AR9, 1999 and then to Pey saetian. , ? payments will be due on that some day TERMS: The taro shown in the bases above an pail of this Contract, of each month following. SECURITY AGREEMENT: To seams the payment of as sums due and the performance at as required ADDRESS WHERE MANUFACTURED HOME WILL BE K EPT: obaeations under this Contract, you give as a sawdty interest in the Manufactured Home, in d appliances. furniture, mciiameat and fixtures (called "accession") attached to tba Manufactured Now at say later tine, and in any proceeds of the Manufactured Nome, including insurance proceeds. The Assignee any sat-off my amermts due and unpaid under this Contract against any of ADDITIONAL TERMS AND CONDITIONS: THIS CO NTRACT CONTINUES ON THE REVERSE SIDE your money on deposit with Assignee. This includes any money which is now or may in the future be YOU ARE OBLIGATED TO ALL THE TERMS OF THIS C ONTRACT WHICH APPEAR ON THE FRONT AND deposited with Assignee by you Assignee may do this without ray Prior notice to you. REVERSE SIDES. By signing w, toseutheManufactured Hwwtoyoundertheterms ofthis Contract. 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. SELLER ESAPEA MOB HO ES BUYER .: Gyi ?,-_i ?sEW WIL A C KNOC E ate BY. BUYFR LD.P[l?? ISEW D ate DEBRA S DEVOIR Date BUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME OF SIGNING. BOIL WILLIAM NOCHE DEBRA D VOR W-4WAIM GO -SIGNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT IWDRAEATION. 12/Oy/98 WEI) 10:33 FAX 18007852483 TAMMAC CORP. TAM-1440t ADDITIONAL TERMS AND CONDITION`' 1. PROMISE TO PAY: You agree to pay us the Total Sale Price for the Manufactured How by iraking the 110181 Dewnpayianl acrdthepaymp us the Amount Financed phis interest. You promise to make payments w accordance with PaYlaeal Schedule You py"" is poke p8ymants on or all usher Menis baton the same day of sash manth Os tho fist p ment due dater Yue agree to Y3 which gray hacorre due under Iba turns of this Godr aft Yo0 80rea to pay the tiller or Assignee costs of suit. You eWe pay susonable ertemey i tees it SeNw or Aswpaee hies as atsemey la collect oilman t due his f a nt a c l or u protect or pet pouasim of the Memrfacrored Home. Yon apses to m." t the or to peymmis tIho admos. enh in the written aotiee to you. 2. HOW THE TOTAL OF PAYMENTS M COMPUTED: Tba Total of Payments G the auto at the Amount Financed and the Finance Charge. The Finance Cho rya consists act* of interest computed daily on the wnstauding balance of the Amount Financed.. go Finance Charge shown to she front side has been compiled on the essumptwn that we will receive all payments on Ikair schedued due dates. a COMPUTING INTEREST: We who charge interest an a daily basis on the outstanding balance ou6jact to interest on each day of the ban tams The daily interest rate is equal to the Anneal Percemape Rate divided by the nnrbw of days n that "leadar ywr. Burro agrees tl because interest a calculated on a it* bails, bate paymmis will resuh in aMitanel Interest tend, it appiicabk, a late chargel. Ewh payments will mull in tau interest being charged. Eedy endlor late payments will cause the amount of the final pymanl to change. 4. LATE CHARGE: Buyer agrees to pal a fate chargrye for any payment not made within 10 days alter its due date. The lots chugs will be Z% er an Ike unpaid amount of the paymmi. We will consider any part of a month in excess oh 10rte itA days to be a fun month. The tats charge will be due when earned. No ble charge will N due it the Fusion that the payment is late is because, after defadt the entire outstendng balance on this Contract h due. We kit charge wil be due it the only reason that the payment h late is because of a tare charge assessed on an earber payment. 5. APPLICATION OF PAYMENTS: We will apply payments in the following order of Fdority: Interest. late charges, fees and then principal . . 6. PREPAYMENT: You nay prepay, erful of in par,, the amount owed an this Contact at say time without gnatty. If you prepay IAis Contract m put, you agree to cant" to make mgAuly schedded pemats until jou pay ail amounts due under this Cannel. This will ndme the number of p yrr?vgfts youp wig make. I you prepay in lug, we will refund to you any unearned credit insurance - you 7. WAIVERS: a. WAIVER BY SELLER AND ASSIGNEE: We end Assignee Wallis the *1 to treat tray property as security for the repayment of this Coatract, except lot the Manufactured Nome and taw other saMadty speafirel?mntfaned in this Contract. b. WAIVERS BY B ER, COSIGNER AND CC-OWNER: You serve to cake IS pmyoieiats an or before they are due without our having to ask You gin up any sight you may base to regnne that we anterce our rights against m me other person or property before we nfema our rights agabW you. you a?see that we my give up our rights against some other prison but not against you. Yom aive doe dapnce in cokction end all defenses based so suretyship and impskmWnt sl "Rebwel s security. 8. INTEREST AFTER MATUMTY AIM JUDGMENT: ha mst at the rate provided In this Contract shop continue to accrue on the tmpoid balance Until paid in full. even after matwity Idler after we pet a judpnwm against you for the amounts due. This will mpalv ern 9 the maturity secure because of mccoleretion. It at any time Interest as provided for In Ibbirss pamprsph is not permtlted by law, interest shag acwa at the highest ate slowed by applicable law bepamng er that ism. 9. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will rot pencil myatt ether don us to obtain a security interest or Oliver rights in the Mamlaclumd Fiona. You will pats all ling lees nerxuary for es to oMan end fns ntan ow aecoity nheresl n rho Mmufactered Home. You oil Assist ms n baruq err security immesh aserd on rho Ceniikne of Tills to the Manutectarod Noma. You wN nnt sal or yysss awsy rho MCoufattued Mona. If someone puts C hen an the Manufactured Home, You wN peY.the 4bHipalen sod rocs tba Uen. 19. TOUR PROMISES ABOUT THE MANUFACTURED HOME: Yom wB keep the Mamlictofed Homo in good condition and repair. You will pay all sexes and cM= on the Manufactured Home. You wK pay an costs of maintaining the Mimnactud Home. You wN not abuse the Manufactured Home of pemdt anything to be done to the Mm Osam" Herne whkh WE reduce ils value, other then for normal wool and use. You rrN net use tire Manufactured Home forWnW purposes sr or hire or hn»a. You wild not moss the Manufactured Nome emm yaw address shown an the frwH of this Con.fact to a new pemannt place without notifying us in edvonce. You will pomit us to Inspect the Matufartued Home at anv reasonable time. You mom that the Manufactured How will, at ep times you pan to place the Mamlactured Hume on a pmmm you ail leasing, you mho ebtato a Lwdords Wanes .10.tory to us. % Landlord's Waiver must ro mft us to inlet the prmdses And to repossesss the Manufactured lung, even H you ail in default of year lease. You Ogres that YOU mast Your ptersiaes codes this Contract even it the M*mlKSurd fume is lest, damaged or dereslroyed 11. YOUR PROMISES ABOUT INSURANCE You will keep the Manufactured Home insured paint Foe, theft and other hazard: against which owners cmemmriy insure such Manufactured Homes until all aura due us are psi! in IoL The insurance coverage mail be satisfactory to us and protect your interests and rx interests at the tins of any insured loss. The insurance must name us as "bss•payee" on the policy. The insurance muss be written by an insurance camparry duly learned to sell insurance in she state whom the Mamiscsumd Hama is permanently kept. The invernro policy mist provide wwrith at lent 10 dogs prior IN orrice of any conciliation or raducleo in Cara , per request, you slat dalrer the policy or oDner evidence of insurance coveage to us. In the event el ny iw or loareV se the Mumbler ured Hwae yom will immdktely, notify as in wdtkW and file a proatof lass with the insurer. We may file a ?Fiat allies n view be .W it you fog OF ahesa to do so. We may endoru of name to any check, draft or other instrument we rK*n In payment of n insured use er return in surance renmnn. We may apply any procolds we racewe is repay or adaee The Manufactured Home it, in our opinion, d is mconomiealy nsists and you as not thon n de "alt of this Canbact Otherrwke we oil apph the Inwleace proceeds to feduce the unpaid balance due era. - CHESAPEAKE 2004 company on your behalf end give you s copy of OR insurance policy we obtain on your behalf. N are unable to 6 n, we wN notify yos that you 0=1 obtain replecemenl issuance Isom an agent broker of our choi"..H rapla coa, I coverage results in additiomat costs to you IN the fnespk piled of the original insurance policy, we will r"rm you for the costs. 13. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTERS! MANUFACTURED NOME OR INSURANCE: It you fell to keep Cur PMWM to pay filing fees, to hers or the costs aeenaary to keep Ue Mwmf WmW How Gr good condition and repair, we a advance any roomy You grea=sed to pay. If yen fail to keep your prow= about nrCmpmwd moan we wry advance money to obtain insurance to rover Inss of w demean to the Manufactured Her rim leave the Choi" of whether or rot to sdvarn any money for than purposes. Stich insurann v be limited to an swam not orestr then whet You ewe on this Contract. We will add any mourn n advance an yew behalf tot ks%ms on which we impose Racer" Charges at the Asia Percentage Rate of this Contract. You agree to repay the moray advanced is we atom may :peer W immediately on demand, or lit ailing with year menthly payments. N we chase to show yon repay the "on" advanced along with your naniMy pa?ments. we Can ehosse the aaenart o rho payments and how lamp you have to repay. II soy o ow rghtss stated kl Ihis W"preph Is a permttd by law, era st Aare tM elite rgMs toanienned. Ow ppynarrts Ca Yew heAaU wW rot" y(-Kure to perlerm 1 nor praroses in this Contract. The proms" Yau ode n the sections aloe call YOUR PROMISES ABOUF THE MAIKIFACTURED NOME and YOUR t>ROfIIISES ABOI INSURANCE and nor rghts under IW tactfan ihoN rot mope with airy judgment ntaed in any kL action and shat apply until at amounts owed are paid ii uA 14. DEFAULT: In this paratim *You" means the Buyer, Co-Signer and Co•Owasr, or any our them You wN be in "Oelauh o this Contract it any our of me of the following things happen: a. You de net make any NYmant n OF before it is due; Of b. You do not keep any pierms you made in this Contract or c. You do not keep any promise you mode in another contract, note. ban or agreemans wi Soft or Assignee; or d. You mode my artae ststwmnl in the tfedil application tot this Contract; or e. You committed any forgery in connection with tbis Contract; or I. You din; an comfcted of a crime Involving fraud OF dishonesty. OF an found by a court, rob jurisdiction to do so, to he Incapacitated; or g. You fee bankruptcy ar insolvency proceedings. of anyone files bankruptcy or insotmrr proctedmOs against yYoou; of h. You use the Maoufedured Home or slow someone else to use 0 in a way that causes it m to be covered by your insurance: or L You do umethng that "uses the Mamfactwed Home to be subject to confiscation If government The harmil stated Hone is lost, stolen, destroyed w darn0d b"Yard efemarnical regale, an not fixed at found within a nasonoble ins; or k. Another creditor trios to take the Menu(actwed Home er your money on depesil will Assignee by 481 process. 15. OUR MONTS W YOU AM IN DEFAULT OF THIS CONTRACT: lf you are in Default of tad Contract, we my enfor" ow rights accorfing to law, after we hive given you any applicable mtic udfot right to cuts as reondted by low. We may ohs do the things specifically mrioiWd In IN Contract. We may k one el these thkgs nil at the same thin or later do mother. Some of she thing we may do are the lal , a ACCELERATION: We can dnwfd that ysu pay to us Ike wNka unpaid balance owing on thi Contract and ON unpaid Fnince, Charges and other money des. You pert that you wall pay IN ma to us in our "poyirant franwdstaty upon naivkg fur detmad. 6. REPDSSESSIO4: We can reposuu the Mamfaenrd Hose, unless prohibited by kw. W can do this ourselves, have a qualHed person its it for as, or pave a Sentiment official Oy reakvv doh for us. You apse that we can peacueWY "Ica on to ybur propene to do this. We may toe n other things lewd b the Manufactured How, her will return Uwse i s la you if you ask. It yer want those things bads, you ague to ask us in O letter cam to es by can sal within 24 hours. I ou lo not send us this ktwl t or pprvrve up any clsim to these 11 itps..You agree that we soy wise you Hcenu plates in furss'e? the blaaufat turd Hems and taking it to a place for storage. c. VOLUNTARY OEl1YERY: We can ask you to give us the Manufactured Home at a reasonabl• convenient place. Yov s r s to pne us the Memlacturd Herne it we ask. d. DELAY IN ENFORCEMENT: We con delay onforenp our fights under this Contract withou ksimrp any rights. 10. SOME THINGS TDU SROULD KNOW IF WE REPOSSESS THE MANUFACTURED HOME If wi repossess wobout uuq a govermrent ofTeial Ny Ie**):, a. NOTICE: We wN lnd you a Notice et Repossession to your last address we know about This Native Full tell you how to boy back hdeem) Ike Manufactured Home. This Notice will till yet ether nlwrmiion required b low. b. CURE You hove tft fight to ism yaw Defauit it any time before we sag Ike Mamfacturo Home !I you two year Default, this Contract wig rom in in effect as though the Deault had nil' occurred. c. REDEMPTION: Ywhave she right to bur heck (redeend the Manufactured Hong with 1! days of mein the Notice of Repossessin ad at my kar time before we sail the Manufactunt Home. d. SALE: If you do not care now Default or redeerµ you give up d Clain to and we WIN ad ON Manufactured Hone. The eemy roceiwd at ask wN be used to pay costs aid expense:, and then It pay the omounI you owe on this Contract. a SORPL S Bet DEFICIENCY: it there Is semy kih, we wN pay to to the Buyer. H these is rot nemugh money IFum the sale to pay what you ows, Buyer and Co Sww agree to pay what is Sri owed to us. f. EXPENSES: We have the right to charge Yoµ and yrou agree to pay the costs of repomenng. storing, iepaidnp, p ono for sale and selling I Manufactured Home as nay be slowed by low These costs wi Only be due H: 1. Delauit exceeds Afton 051 days at the tina of repossession; 2. The costs are actual necessary and reasenabhi; and 3. We can pass the costs Wen paid. 17. MGRS AND PERSONAL REPRESENTATIVES BOUND: After yaw death, tHit Contact sbal be enforceable against your hen and Pmpnsl repnsematlsss of your estate. i 18. GOVERNING LAW: This Contract is to be Interpreted secordkp to the law of Pewsyhsnia. 1%. SEVERARGLITY Of PROVISIONS: H les my reason any pert of this Contact shot become NcgaL rob or one" lDlCmhk, Ihot part shoN not be a pan of this Contract. 12. OUR PROMISES ABOUT INSURANCE: This parsoreph applies ooh a we have emtracted so purchase physical damage, cent sire, Ten aedlor It Wawa at Your esperae and the 20. ASSIGNMENT BY BUYER Boyershall not assigo this Contract. premium has ben included In the AM* Financed. If you pnpY the semi due on this Contact noes you spaifi * request conceRation, the kswmce. w mmin in efhct H its %tb*Aed 21. THERE ARE NO WARRANTIES SY .SELLER, EXPRESSED.OR.IMPLIED;:kNCLUDING THE expiration dote. H t Launnee we Ohl" for you is conceled by the banalities company prior to WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS its scheduled expiration dale, are wall attempt to pace comparable insurance with another insurance WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY. NOTICE: ANY HOLDER OFTHIS 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 DEBTOII SHALL NOT E,kiED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT NNSURANCIF The signerls) of this Contract hereby take(s) notice that Group Credit Life Insurance cover:ge will be applicable to this Contract N so marked on the from of this Contract, and the coverage will be written by the insurance co Y ?l1• This Insurance, subject to acceptance by the insurer, covers only the person or persons signing the request for such. insurance. The amount of tharge is indicated for the Credit Insurance to be purchased. The term of Insurance. wig commence as of the date the indebtedness is incurred ariA will expire on the original scheduled maturity date of the undebtednexas, ur>tess a shover term is so marked on the front of this Contract. Subject to acceptance by the Insurer and within 30 days, there will be delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges will be made when due. "AMA 1YNVJ The SELLER. CHESAPEAKE MOBILE h'.4s ROUTE 30 ABBOTTSTOWN PA 17301 - Name Address DEBRA S DEVOR The BUYER(S). WILLIAM C KNOCHE 218 BIRCH LANE, , CARLISLE, PA 17013 Name Address ASSIGNMENT To induce you, I ANNAG GUnf uNA 1 l Un the "Assignee" to purchase the Contract dated 7-77 .9- with a total sale price of 169,941.00 the Seger hereby warrants and represents, and continues to warrant and represent that: the sale has been made in strict conformity with all applicable federal, state and local laws and regulations; our title to the Contract and the Manufactured Home covered thereby is absolute, free of all liens, encumbrances and security interests, and is subject Only to the rights of the Buyer as at forth therein; the Contract is genuine, the signatures thereon are not forgeries, arose from the sale of the Manufactured Home therein described, and all parties thereto are of full age and had the capacity to contract, the description of the Manufactured Home and extra equipment is complete and correct; the cash downpayment andlor trade-in allowance were actually received and no part thereof consisted of notes, post-dated checks, other credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (however manufacturer rebates may constitute all or a part of the downpayment); all warranties and statements therein are true; there is owing thereon the Amount Financed plus interest at the Annual Percentage Rate of the Contract set forth therein; we are duty licensed under state law in. which the above referenced Contract was executed lit so required) and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth-in-Lending Act and with any other federal or state law, rule or regulation applicable to the Contract; a Manufactured Home title certificate showing a lien or encumbrance in favor of Assignee has been or will be applied for promptly, the Buyer(s) named in the within Contract is (are) personally known to the Seller to be the same identical person(s) whose signature(s) is (ere) affixed to the Contract; and Seger has no knowledge of facts impairing the validity or value of the Contract. If any such warranties.or representations should be breached at any time, Seller shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as set forth below and said remedy shall be cumulative and not exclusive, and shall not affect any other right er remedy that Assignee might have at law or in equity against Seller. In the event that Buyer fails or refuses to make any payment due hereunder on the assertion, either oral or written, that the Manufactured Home is defective, not as represented to the Buyer by Seger, or that Seller refuses to honor any warranty or service agreement of Seller or manufacturer. Seger agrees that, an being advised by Assignee of such claim of Buyer, teller will repurchase the Contract from Assignee and pay Assignee for same irremediately in accordance with the repurchase terms set forth below, and Seger further agrees to hold Assignee harmless from any other claims-of Buyer; including attomays' fees, costs and expenses incurred in defendingagauut claims asserted by Buyer and including-claims for refund of payments made by Buyer to Assignee. lf the Seger contracts to purchase property insurance on behalf of the Buyer, and that insurance is conceged by the insurance company prior to its scheduled expiration date, Seller will attempt to place comparable coverage with another insurance company on behalf of the Buyer. lf Seller 4 unable to do so, Seller will notify Buyer and pay to Buyer any additional costs incurred by the Buyer in obtaining replacement insurance fw the unexpired period of the original insurance policy. By delivering the Contract to the Assignee and accepting payment for it, Seller authorizes the Assignee to complete or correct the identification of the Assignee in this Assignment to reflect the true Assignee who purchased the Contract, andlor to sign Selkies name to this Assipmrent, without recourse, if this Assignment has been delivered without Seller's signature. In the event that Seller is required by this Assignment to repurchase the Contract andlor Manufactured Honer, Seller shall pay to Assignee, in cash, the fug balance of the Contract as of the date of repurchase, plus any then earned Finance Charge and any and all costs and expenses paid or incurred by Assignee in respect thereto, including reasonable attorneys' fees, in connection with claims by or against any Buyer, Owner or persons in possession of the Manufactured Home and/or by or against Seller. For value received, Seller hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within Contract, all moneys due and to become due thereunder, and all right, title and interest in and to the Manufactured Home therein described, with full power in the Assignee in its or our name to take such legal or other action which we might have taken save for this Assignment. Unless Seger marks either of the endorsements below, titled "WITH FULL RECOURSE" or "WITH REPURCHASE." Seller's assignment shag, except for the provisions of the paragraph titled "Assignment," be without recourse. ? WITH FULL RECOURSE - Seller agrees that, in addition to the paragraph above titled "Assignment" in the event of default by Buyer in the fug payment on the due date thereof of any payment under the Contract or in the prompt performance of any other obligation to be performed under the Contract by Buyer, Seller will, an demand by Assignee, forthwith repurchase the Contract from Assignee for a repurchase price, in cash, composed is set forth above, ? WITH REPURCHASE - Seger agrees that, in addition to the provisions of the paroFab repossess the Manufactured Home, Seger wig, it the Manufactured Home is repossesHome, forthwith repurchase the Contract and the Manufactured Home from Assignee tithed "Assignnent." in the vent of any default by Buyer which shall entitle Assignee to nee and delivery Sel , an regard to the then condition of the Manufactured ase price, ' sh, c pad asset orth above. By signing below, we agree to the terms of this Assignment. Seller CHESAPEAKE MOBILE HOMES ORIGINAL 1.2-2-92 Date BANCONSUMER FORM US ASSIGN L 097) % DEPARTMENT OF TRANSPORTATION = CERTIFICATE OF TITLE FOR A VEHICLE `?- 99DOIaI[1100004 83-0O3t VEHICLE IDENTIFICATION NUMBER YEAR MAKE OF VEHICLE TITLE NUMBER - BODY TYPE DUP SEAT CAP PRIOR TITLE STATE .I ODOM PROCD. DATE I ODOM. MILES ODOM. STATUS BATE PA T(TL ED DATE OF ISSUE UNLADENWEIGHT I. GVWR 1 Y GCWR - TITLE. BRANDS. i ODOMETER DISCLOSURE EXEMPT `BY FEDERAL LAW, REGISTERED OWNER(S) WILLIAM C KNOCHE ---- .DEBRA S DEVOR 218 BIRCH LANE CARLISLE PA 17013 i I ? t FIRST LIEN FAVOR OF: TAMMAC CORPORATION FIRST LIEN RELEASED DATE BY AUTHORIZED REPRESENTATIVE MAILING ADDRESS 031007 TAMMAC CORPORATION 27S MUNDY ST WILKES BARRE PA 18702 SECOND LIEN FAVOR OF: ODOMETER STATUS 0: ACTUAL MILEAGE 1 : MILEAGE EXCEEDS THE MECHANICAL UMI I S 2- NOi JJMME ACTUAL MILEAGE 3= NOT4HE ACTUAL MILEAGE-ODOMETER TAMPERING VERIFIED 4 =-*EXEMPT FROM ODOMETER DISCLOSURE TITLE BRANDS A-r ANTIOUE VEHICLE C = CLASSIC VEHICLE D . COLLECTIBLE VEHICLE F = OUT OF COUNTRY G = ORIGINALLY MFGD. FOR NON-11S. DISTRIBUTION H - AGRICULTURAL VEHICLE L . LOGGING VEHICLE P ISIWAS A POLICE VEHICLL R = RECONSTRUCTED S - STREET ROD T = RECOVERED THEFT VEHICLE V = VEHICLE CONTAINS FIOSSU80 VIN W :FLOOD VEHICLE X = ISMlAS A TAXI If a second leinholder is listed upon satisfaction of the first lien, the first lienholder at forward this Tllle to the Bureau of Motor Vehicles with the appropriate form and fee. SECOND LIEN RELEASED DATE AUTHORIZED REPRESENTATIVE I ce tity as of the date of issue, the official record< of the Pennsylvania Department of Transportation reflect that the person(s) or company named herein is the lawful owner 01 the said vehicle. ) AND ME: The undersigned' hereby makes application for Certil"ie of Title to the vehicle described above; wbjeet to the encumbrances and other legal claims set forth here. BRADLEY L MALLORY L Secretary of Transportation When applying for title with a cowwnet, otftW, = rur appose, cheek one of d these blocks. If no blopk.ic checl p Tttg wilhbs iasued?ac "Tenenls In Curt mon" A ? Joint Tenants with Right of SurVlvotsh(p (on death 'of.one owner, title goes: to the surviving: owner). B ? Tenants Ih Conlrrlon (on death of one owner,. Interest' of deceased owner goes to file or her heirs or estate).. IST LIEN DATE: ? IF NO LIEN, CHECK IST LIENHOLDER STREET CITY STATE ZIP FINANCIAL INSTITUTION NUMBER 2ND LIEN DATE: ? IF NO LIEN, CHECK 2ND LIENHOLDER STREET CITY STATE ZIP SIGNATURE OF CO-APPLICANTrrITLE OF AUTHORIZED SIGNER I FINANCIAL INSTITUTION NUMBER 11 -0- 0-1 •• • 4-1113 01 • •- • • r 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, now by assignment, 1st NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: 6536 CI,,,1 Ie,rrn BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, 1st National Bank of Pennsylvania, by and through its servicing agent, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits its brief in support of plaintiff's motion for writ of seizure against thedefendants, William C. Knoche and Debra S. Devor a/k/a Debra S. Knoche, (jointly, the "Knoches"), 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. The 741899.1 I Knoches are adult individuals having a last known address of 218 Birch Lane, Country Manor West, Carlisle, PA 17013. On or about December 9, 1998, the Knoches entered into a manufactured home installment sale contract (the "Contract") with Chesapeake Mobile Homes, 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 1999 Redman mobile home bearing VIN 52886016901 KN (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 1" National Bank of Pennsylvania, but Tammac was retained as servicing agent for 1 st National Bank of Pennsylvania. Tammac is the successor in interest to Tammac Corporation. The Knoches defaulted under the terms of the Contract by failing to make monthly payments of principal and interest due under the Contract. The Knoches are due for their January 9, 2006 payment. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by the Knoches under the Contract. Tammac believes and therefore avers that the Knoches have possession of the Collateral. The Knoches have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Contract or to deliver possession of the Collateral to Tammac. The balance of the Contract as of October 26, 2006 was $60,014.22, consisting of principal in the amount of $52,950.98, miscellaneous charges in the amount of $1,794.41, and accrued interest 741899.1 2 in the amount of $5,125.89, and late charges in the amount of $142.94, exclusive of attorneys' fees and costs. II. STATEMENT OF THE QUESTION INVOLVED WHETHER TAMMAC IS ENTITLED TO POSSESSION OF THE COLLATERAL WHEN THE KNOCHES HAVE 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 a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Civ.P.No.1075.1(e); see 741899.1 3 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):1 (1991). The hearing is not for the purpose of making a final determination on the merits of the plaintiff's claimed right to possession of the property, but merely for determining whether the plaintiff has a probable right to possession. See Hamilton Bank v. Seiaer, 22 D&C 3d 534, 537 (1982). Except where the 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 741899.1 4 possession of the subject property. See Pa.R.Civ.P. No. 1075.4(a); see also Maver v. Chelton Ave. Bldg. Corp., 321 Pa. 193, 196, 183 A. 773. 774 (1936); General Motors Acceptance Corp. 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); Mayer, 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. Temple, 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. 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 741899.1 5 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. Godding, 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, HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 November 2006 BY: James T. Shoem ker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation, 741899.1 6 PENNSYLVAP-AA M ' -ACTURED HOME INn°="•ILMENT SALE CONTRACT Datod: YNGAL FINANCE Amount Financed :RCENTAGE .SATE CHARGE The emoutlt of credit provided e cost of your credit The dollar afrlount the to you or on your behalf. a yearly rate. credit will cost you. 11.0000 % $ 112,145.50 $ 57,?95.50 P Total of Payments Total Sale Price The amount you wIl have paid after you have mile all The total cost of your purchase on credit, including your dovmpaymer payments as scheduled. ? Ot3 5,014.00 169,941.00 1$ 172,955.00 Number of Payments Amount of Pa s When Payments Are Dee Security: You ore giving a setwity interest in the manufactured bare being 30 S 566.47 MomNy, begimdng purchase). 1 1 _t Prepayersant: If you pay dt919, you with not have to pay a penally. Fitinp Facet 5 Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or pan of a month greater that 10 days, that it remains Impaid. Aaumption: Someone buying your manufactured home cannot assume the remainder of this Contract on the original terms. See below and any other Contract documents for any additio al information about Aatpsymod, default any required repayment in fail before the scheduled date and prepaynout refunds and penshms. a "Wens estimate In this Contact, ROUTE 30 ihosELLEn CHESAPEAKE MOBILE HOMES ABBOTTSTOWN PA 17301 are 1081 you are WILLIAM C KNOCHE DEBRA S DEVOR Ike AU _W BUYER(S). 218 BIRCH LANE, , CARLISLE, PA 17013 PROMISES JOINT AND SEVERABLE 0 there is more than one Buyer, each ea you promises, separately and together, to pay all sums due us and (o perform ON agnemants in this Contract. TRAOE4* You has to use traded ufactiarehad fume rnenui . 1974 SCHULT 0,014 .00 -S N!A _$3 014.00 c Year and a and Model Gross ace star uwirq t a N a balms Is stll owing on the mamdactured home you Aare Iadad hn, the Sder wN pay off tlds amowd on Vow beha0. Yau wammr and represent to , to that an Iradedo ts Iree Isom lien claim ercwsnbronce or securely intesear, esrapl as sMwn obova as the mount "SIN Owino' PROPERTY INSURANCE: You may cheese the person through whom insurance Is obtained oeeiwt less of err de0ooe to the mmu(xwred hone and against liability aridrp art of one or owniabp of the maswfacUrN home. 0 yon obtain property insurance I'M h as, the panda" costs for the insurance taro isd Med below are included in the Han called To Property Insurance Company of the ITEMIZATION OF AMOUNT FINANCED scion of this Contract. M she section called YOUR PROMISES ABOUT INSURANCE on the ..rate side of this Contract, you am premisingw iou n the aenufaclured home and loop it Wowed. X ?scr? ant 418.00 Term 12 Mos. ?nOther S N/A Tam Mss X Ctnepahmsiwon ii INCL. Term 12 Mos. Other S N/A Term Mos. _ Mmufxtonad Home 16escrihel x Fire and Thett i INCL. Tean 12 mss. TOTAL CHARGES S 418.00 CREDIT INSURANCE IS NOT MOUIHED: Credit Life huvrance is not required to obtain ae6t, and wN net be provided wdw you sign below and sons to pay the additional teal Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the arerse side. Your Insurance certificate or poky VON td you the MAXIMUM amount of Insurance evoilalle. By signing, you select Single Credit: the Insurance, What is your age? BY *nine, you both select Joint Cndd Ile Insurance, What are which costs t N/A _ Years which calls s N, A your ages? Signature a Buyer to be tour far Single Life Insurance hwrvn o both yars to be insure « Joins A n e IDS MANUFACTURED HOME: You agree to purchase ands the to m of this Contact, the following manufactured home will ds eppfimces, furrdtws. apillinient and flowers, which ts called the'Montsfectwad Hene' in Ibis Contact. NAl Year and Manulxtura Length 6 width Color a Model Semi Number N 1999 REDMAN 28X72 SHADOWRIDGE12234280 Equipped with ASSIGNEE We may assign this Contact and Socially Agreement to an'Assipna." N at any" the Gaynor of this Contract assigns this Contract to mother assignee, the term then relers to such other astgnee. Alta the AnirmaL d rights ard benefits of the Seller in this Contract and in the Security Agreement steal belong to and bs enlon;eabte by the Assignee. The Assures will notily you when and if Seen nabs on assgm ant. CO-SIGNER Any person signing the Co gpWs Allis"t promisee, separately and together with d CoSignaW and BuyatsL'to pay OR awns due and to perform d agreements in this Contact. Co Slpna will ant be an Owner of the Manuhured Name. C04VINER Any person signHq the CoOww's Secudif Agrearnenl gives us a security interest in the Manufactured Nono and sprees, npantdf and together with It Co-Ow gds) end Buyeft to partial d agree nets in Ike Security Agreement and all other pens of Ihis Contract except the'4rombn to Pay" SWAIM TERMS: The tome chosen in The bias above in pad d this Contact. $[COMM AGREEMENT: To setae the WYE of d Sams due and the pedern me of d required ADDRESS MERE MANUFACTURED HOME WILL BE KEPT: obligations order this Contract, you give as a seonrity Interest in 1M Manufactured Home, in d appliacem furniture, equipment and finwa knead 'occeahona'1 oltauhid to the Mawfectaed Home at try lotes 011111, end in any Preeteds of the lam(xossed Haw, Including breanser Proceeds. The Assignee soy set-off any amounts due and "paid wider this Contract against am of ADDITIONAL TERMS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SIDE your many on deposit with Assignee. This includes anry mmq which is now of may in the future be YOU ARE OBLIGATED To ALL THE TERMS OF THIS COHrRACT WHICH APPEAR ON THE FRONT AND deposited with Antilles by yea Assignee may de this without any prior notice to you REVERSE SIDES. By Sipping nESAPEA t the Ma wlectwedHoso to you under the terms of Ibis Contract. 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. SELLER MOB HO E S BURR ISEAU MIL A C KNOC E Vie BUYFR rsEAU l ? BY. ?e DEBRA S 0 to BUYER, CC-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME OF SIGNING. iL CO OR W-UWNER gTEF LLIAN C NOCNE BUYER v DEBRA D ,YOR ' u f\ u •? NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORAIATION. This Contract is between Sder and Buser. AM dod sores hoe Men redo by Soler. $der intends to assigo oho Contract to Ile Assigswe. hernization of Amount Finswed Cash Price S 60,289.00 Cash Dwismaymem S Net Trade-in s 3.014.00 Total Downpayment $ 3,014.00 Unpaid Cash Price Balance t 57,275 . 00 To Credit Insurance Company S N/A To Property Insarence Company € t 418.00 To pubic officials fa: License. Tags and Registration t 22.50 8 Lien Fee t 5.00 T S l es ax To a e $ N/A > To Flood Fee t 25,00 To C10811119 Coats t 50.00 Amount Financed $ 57 795.50 Finance Charge $ 112 145.50 Total of Payments (Tine Balance) S 169 941.00 Payment Schedule - You we to pay to us the Amount financed plus intwo$, i0299 tamdtmropted awn" psymems of t 565.47 each and a foal paymant of t 566.470. The first payni t will be due on ANUAR1 9, 1999 , and than payments will be due on that same day of each mantle feR' TAM-1440! ADDITIONAL PERMS AND CONDITION'S 1. PROMISE. TO PAY: You elm to pay us IM Total Site Price for the Manufactured Ibmm by taking the Total Downerynell and prysig us the Amount Financed plus interest. You promise to mete payments n sttordmce Wth the PeymMlymScAedrde. You prance fen apgke yntmts m w wA h fl?wyaob?oee d epuMw?Ihah atsutns of thnaGrMiet'Y?R YM ma nor the be9eor m twin o(sert. Tou eiso spree to pay fr coNecl anoetm dco uoa this Co Nome. You alto Iv ea_t-s-_Pea._y-ments et 1 ASSipnee Ilesf reterrtty SpefJQfla n Tla Will 2 HOW THE TOTAL OF PAYMENTS IS Amount Financed red the Fiance Charge. daily an the outstanding balance of the tide has been eampuled on Ue euumplion dates. ' 3. COMPUTING INTEREST: We will charge interest OR a rhiy basis M the outstanding talents to interest an each day of the ban rarer. The daily interest file is equal to the Aimed Oape Rate derided by the Number at days IN that cow" y et. Bu agrees that becauM imams is calculated an a doily basis, late payments will ing In a it"aud interest (and, 0 applicable, a late charnel. Early PSynanis Will result in lass interest being charged. Ewly, and/or late payments wig cause the meet N tire foal "Mat to change. 4. LATE CHARGE: Buyer agrees to pay a lots etrye to any payment not wade within 10 dogs cotta its due dote. The hits charge will be 2% QM O M The 01. aid "Navy of the payment. W . will conswer any part of a month In excess of 10 days t, b, wreath. The late charge will be due wbM treated. No bte charge Will be due it the reason that the gavnsMI is bit is becWM alter OelaulL the Mike oetslaomg blefmte ON INS Contract is due. No late charge wig be due it the only reason that it* payment is late is because of a late charge assessed on M Mager payment. 5. APPLICATION Of PAYMENTS: We w.1 apply payments in the following order of peority: interest. Imt charges, tea and then p ledpal 14E a. b. Se's a S. PREPAYMENT: You may papa I, U:lul or is em:, the armcmt owed on this Contact at say time without penalty. If you paper this Callao in part, tai agae to continue to make regularly or sdudided poWswrits until Irou pay an amounts dun under tMs Cenlast. This will mists the number of payments you will make. 1 you prepay in hill. we will refund to you any isolated credit nsunm s to Premam you paid. 7. WAIVERS: a. WAIVER BY SELLER AND ASSIGNEE: We grid Assignee wain its right to last awl property as seewily fa the apeYMNO of INS ContaeL except et the MondactWW Hew and tan other security specifically mentioned in ilia Contact. b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER You egret to retake all payments on or before they are due without our having to ask You give rep any fight you may hove to regtee that we enforce our lights against isms other tionen or prapeny before we anfna am debts "" You. You argqr?ee flat we way give up our ' Is against some other pence but not againef you. Yet well" due ogem in colonies wan d defemes based os suretyship and impairment of collateral my UN*Y. 0. INTEREST AFTER MATURITY AND JUDGMENT: bnterat at the veto pmW la this Co~ shoe continue to accrue on the unpaid balance until paid is fall, avail after maturity Nadler alter we pet a judgment against you far the amountsdue. ?? i w it apph even 0 the maturity am($ because of Ktoltyatmn. III at any tine merest as 4. parsproph is net f me ited by low, interval shop accrue at the highest rate plowed by appikabte law beginning at that shoe. 9. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You WIN not prompt SAYsRe other than us to obtain a. security interest or other eights In the Manufactured HUM You will Pa ed till lea oeeessert% for us to obtain and maintain our security interest in the Mahulactored How. You will assist us in having our security intuesf noted an the Certificate of This to the Manufactured Home. Pau VA not imp or ewe away the Manufactured Home. If someone put a tan on the MMufacbad Home, you wi pay the obligation and char the lien. 10. YOUR PROMISES ABOUT THE MANUFACTURED HOME: Yoe will Lap the Manufactured Nora in good condition and repair. You well pay all tun and chars a the Mrwfaclww Ilona. You wN pay is costs of maintafaung the Miredactmd Homo. You rr not above the Manufacheml Home a permit anything to be done to the Manufactured Name whisb will reduce its velue, other thin for normal wow and all. Yet will not was the Maoufectwed Name ter Illegal pops" ar low hire or two. You will not move the Manufactured than from your address shown an the front of this Contract le a new pemmnmt place without ratifying us in advance. Tor will pemdl a to aspect ire t it can be raneved Mtmetsebstanml as(" Of Impersonal at to V UM IT nuhctumi Home an a Models you are weimp, you net alit* a Landlord's is. The Landbrd's Weaver mat pemit as to into the prenias Oil Is a" Home, am N yen am in delimit of rout lase. You pee that YOU meet ender Ibis Contact inn if the Marm;Na red Home is test damped or 11. YOUR PROMISES ABOUT INSURANCE: Yoe wN keep the Manufactured He= insured against fast, daft coo site hazards against wldch owners cutommily inswosuch Mmuhewrad Homes onto d area der as am mid in lull. The nsuaece coverage must be Mtidaciery to as and prated your Intervals and am Interou at the time of my bored lots. The homeless form amt us n 'basleeyee' M the poky. The Interests mart be written by an nsarrece company duty licensed to ad immasoce in the state where the Manufactured tome IN pomwendy kept. The Insurmci paTrcv eastprovibe us,whh at tart 10 drys prior Willow notice of any gradation of reduction n conmilt On_request. ynu shoo dell the ptl'icy av,atha evidence olnswou covemp to its. n the do se: We nay tab lens your name to my check, draft or other historical we retain in psyment of an nsumd less or reform loteance nu. We may apply, on ins are IWAve to fewer rm?ace the Manufectitew omen ll, now opinion. a is ecoosadcogy easbte and you sterol then in doffall units this Contract OthenvitR we wig apply its k mm proceeds to reduce the unpaid balance due us. 12. OUR PROMISES ABOUT IRSURA/ICE: This ptyagroph applies only H we have contacted to purchase plivikel damage. comprehensive, in or4for theft insurance at year "peal and the premium less base I ch" in tan Analyst Forced. N you pen. y the no due on this Coetmcl. unless you specifically "quest cencdation, the issuance w.irmwin is effect to its sehedund expiation date. If the insurance we obtained for yet is canceled by tin unmans coonomy prior to its scheduled expiation data we wlattertpt to place comparable insurance with mother insurance coo Rxd of L Am, Assigns by small owed arc sea to pay N" tea, toss office red freak. we an a "I emitted Insult at the Manufactured Hon RPOW We will a" y w mm" m Me" at the Allow d as we Stew may spowill a chow to &bit you i *4= fill NMI of an yd VINIP6 If no M bTYOorWwb kiN whit aptt cur nods in the section sboe YOUR PROMISES ABOU deft w ared in my low In this PetetlrmA 9ou' uxn the Iluyer, Co-Sigary acid Ct•Ownar, OF My one o e In "DebuN o this Contract N any one ve more o the Itinerate things hare: wt a** any Nyment on ty before m is dreg at al keep ary pronost you made in this Contact or tot keep so promise yes mode in mother contract, rate, loan at agreement will Wor Is my untme statement in the cteAtupo. slim for this Contract; or .mttni omy forptyy b cennect an With 1 Contactor are coaricted of o crime i voM% fraud a dishonesty, or we fated by a court. will n so, to be incapacitated; OF banknptcy or insolvency proceednps, or anyone foes bankruptcy or Webtamy deaf rran; or tbe Mewfsalwed Home a slaw someone vise to start is a way that causes it not f yaw nsimmta: or standing that trials the Maulactwat Ron to be aA*t to eonfmtatfon ?y horilies; or whctured Hum is lair salon, destmyed of dumped both ed econmicd repair. and red within a reasonable toe; or trampler trial to take the Ma otaidumd Ibis or per money on deposit with It process. OUR RIGHTS W YOU ARE IN DEFAULT OF THIS CONTRACT: H Van are in Defsulf of lids urea, we WAY enforce our lights according to law, elver we here pirMM rMany applicable notice ter right to two as 11 , red by law. We mey she do the things spardfrcany mentioned M this tract. We may do are m been thigs Md it the same tam o laity de as the. Sent of hat thugs we may M m tan ran thh e. ACCELERATIO *Me can demand that you pay to a the atirY liquid below amI on Contract and ON unpaid finonet Chow coo other many dun. YM.a?e that YOU Will pay this manor g us In on s?npN p !vm m f .v Italy upon reesirkip our dm @VA b. REPOSSESSION: YIa can vtpossess the Mmwtoctwed Ham, codas probloised by law. We an do this MffNfes, have 11111110011 PK M de it far Ys, x inn a pevwnm d efDcW 111Y NOWW do it for us Tou egret that we can psceably we on to vow papalr to des IML We may take lay other things IMnd ki the Manufact fired Hsmtc list will fawn Ihae thing to yoY N rsveY uk. If you want IMso things back you agree to ask a In • letter ant to as by curb mail attire N hours II you do act tared us this letter you give up any claim to them thug Yen spot that we my Yx your orre plates, lalpp0essasMwlqg the pea floured Harm and tekitg t to a place for stamps. c. YOLUNTARy DELIVERY: We can ask you to sine us the Manufactured Hewn it a rensowebly convenient place. You ayYee to pprne us the Meoufactored Home if we ask. d. DELAY IN ENFDRCEMENT: We can delay.nfordmq our rights under this Contact without baits any tights. 10. SOME THINGS TOO SHOULD KNOW IF WE REPOSSESS THE MANUFACTURED HOME: II we repossess WAbeut using a povermnent official Ny replevfrnk, a. NOTICE: We will and you a Holies of Ropulassam to vow last Address we krow about. This Notice will toll you hew to buy back hyd" the Monsladwa d Hams. This Notice wN td you other information a*" 6 law. b. CURE: You have the' r by to two vow Default of any tine before we sap the ManelsctuM Now. H you cure your Debut, this Contact well mob in affect as though the Oelordt had net occurred. L REDEMPTION: You tim the sight to buy bad bedeend the Manufactured Ham with 15 idaayysseof falling the Malice of Repossession and at any bier lime talons we see the Mmufactured d. SALE: 11 you do not are your Dds* a redem you On up all claim to coo we will ad the Manufactured Home. The money received at sale will be used to pay cons and exports, and thin to pay Oe tynbOni M owe on ilia Commits. a SURPLUS OR DEFICIENCY: If them is am" bit. we wile pay If to the Buyer. II there is not eneuph money Imee the, sale to pay what you ma. Buyer coo Co,14m "m to pay what is sell oxed IOUs. f. EXPENSES: We have the tight to eheree Yoe, and pas to pay the cans of repatriating. marble, apaiin nun fa sole and Wine halo Mem?M eemM tome as may be dowod by low. These costs w8 od der!d 1. DelauO ateede Altem 1151 days at the tine of rpeaaesbn; 2. The cats am actual necessary and reasonable; and 3. We con pare the costs were paid. 17. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall be enfo¢Mble agamt yeas heir and psnenal tetmasamativas at yours smite. 18. GOVERNING LAW: This Contract is to be interpreted occordng to the low of Pamrylraaie. 19. SEVERABILITY OF PROVISIONS: N let My mean any pen at this Contract able become illegal, raid Of W Mbaeabb, that part std net be a pan of INS Coarse. 20. ASSIGNMENT BY BUYER Buyer shah not arsine this Contract. 21. THERE ARE NO WARRANTIES: BY.SELLER,EXPRESSED.OR.INIPLIEO;:iNCL001NG THE WARRANTIES Of MERCHANTABILITY AND FITNESS IN A PARTICULAR PURPOSE, UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY. 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 DEBTOFISHAl4NOT 0XI EED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT INSURANCE The signerls) of this Contract hereby takels) notice that Group Credit ute insurance coverage will be applicable to this Contract H so marked on the front of this Contract, and the coverage will be written by the insurance company named. This insurance, subject to acceptance by the Insurer, covers only the person or persons signing the request for such. insurance. The amount of charge is indketed for the Credit Insurance to be purchased. The term of Insurance. will commence as of the date the indebtedness is incurred ant will expire on the original scheduled maturity date of the indebtedness, unless a shorter term is so marked on the front of this Contract. Subject to acceptance by the insurer and within 30 days. therm wet be delivered to the insured dsbtoris) a certificate of Insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges will be made when due. cre oa vow behalf "d give you a copy N My awrMce policy we obtain on your beAaN. H I broker of to de so, we wN imtity yco /hot ynu MI ebirb teplaeemmt Insurance Imam a agent i aker of your eholco. if aeebrnmeul coreaON reads b oditiMd costs to you lot the a n0 period of the origin) issuance poky. we will saabor m you lw the to" f or q pretectf w pet pas sroa of MemttKturee NUF CTUREDNOM E ON INSU INCL H y?iro PROMISES ABOUT m MA r-pro la ghee w to amt peynenls to the address which the fen ar the cash necessary to keep the Momkttw d Haiti! M geld e tin notice to Tou. advance MY manly "a ormiced to pay. If you fee to keep your prow we =advance money to obtain Insurance to over less of or damage COMPUTED: The Total of Psymills b the sum of the We here the theta of whather or not to advance any away for Unse I The Fiesaoe charge cm*u solely al interest computed be lined to an annum not greater than what YON awe am Conthrel Amount Financed. The Finvorm Chorge shown on the fall advance an your behalf to tan balence an which we espeM Flea that we will receive all payments on thew scheduled dun Percentage Rate of this Cooked. via some to am the amney advert W hsanediately an demand, or N shine sub yew monthly Nynents. N repay the annoy advanced time with roar earthly movements. we tell The SELLER. CHESAPEAKE MOBILE K4. is ROUTE 30 ABBOTTSTOWN PA 17301 Name Address DEBRA S DEVOR The BUYER(S). WILLIAM C KNOCHE 218 BIRCH LANE, , CARLISLE, PA 17013 Name Address To induce you, TAMMAC CORPORATI ASSIGNMENT the "Assignee" to purchase the Contract dated C ?g-' -- with a total sale price of 169,941.00 the Seger hereby warrants end represents, and conth=3 to warrant and represent that: the sale has been made in strict conformity with all applicable federal, state and local laws and regulations; our title to the Contract and the Manufactured Home covered thereby is absolute, free of all liens, encumbrances and security interests, and is subject only to the rights of the Buyer as set forth therein; the Contract is gamine, the signatures thereon are not forgeries, arose from the sale of the Manufactured Hems therein described, and all parties thereto are of full age and had the capacity to contract; the description of the Manufactured Home and extra equipment is complete and correct; the cash downpayment andlor trade-in allowance were actually received and no part thereof consisted of notes, post-dated checks, other credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (however manufacturer rebates may constitute all or a part of the downpaymentk all warranties and statements therein are true, there is owing thereon the Amount Financed plus interest at the Annual Percentage Rate of the Contract set forth therein; we are duly licensed under state law in. which the above referenced Contract was executed Of so required) and have duty complied with all requirements thereof with respect to the transaction and with the federal Truth-in-lending Act and with any other federal or state law, role or regulation applicable to the Contract; a Manufactured Home title certificate showing alien of encumbrance in favor of Assignee has been or will be applied for promptly; the Buyer(s) named in the within Contract is (am) personally known to the Seller to be the same identical person(s) whose sipnature(s) is fare) affixed to the Contract; and Seller has no knowledge of facts impairing the validity or value of the Contract. If any such warranties, or representations should be breached at any time, Seller shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as set forth below and said remedy shall be cumulative and not exclusive, and shall not affect any other right or remedy that Assignee might have at law or in equity against Seger. In the event that Buyer fails or refuses to make any payment due hereunder on the assertion, either oral of written, that the Manufactured Heme Is defective, not as represented to the Buyer by Seger, or that Seller refuses to honor any warranty or service agreement of Seller or manufacturer, Seller agrees that, on being advised by Assignee of such claun of Bunt, Seller will repurchase the Contract from Assignee and pay Assignee for same immediately in accordance with the repurchase terns set forth below, and Soler further agrees to hold Assignee hamdess from any other claims of Buyer, including attorneys' fees, costs and expenses incurred in defending.against claims assarted.by. Buyer and inckiding4aims for refund of payments made by Buyer to Assignee. N the Seger contracts to purchase property insurance on behalf of the Buyer, and that insurance is cancelled by the insurance company prior to its scheduled expiration date, Seller will attempt to place comparable coverage with another insurance company on behalf of the Buyer. N Seller is unable to do so, Seller will notify Buyer and pay to Buyer any additional costs incurred by the Buyer in obtaining replacement insurance for the unexpired period of the original insurance policy. By delivering the Contract to the,Assign ee and accepting payment for it, Seller authorizes the Assignee to complete or correct the identification of the Assignee in this Assignment to reflect the true Assignee who purchased the Contract, andler to sign Seller's name to this Assignment, without recourse, if this Assignment has been delivered without Seller's signature. In the event that Seller is required by this Assignment to repurchase the Contract andlor Manufactured Home, Seller shag pay to Assignee, in cash, the fall balance of the Contract as of the date of repurchase, plus any then earned Finance Charge and any and all casts and expenses paid or incurred by Assignee in respect thereto, including reasonable attorneys' fees, in connection with claims by or against arty Buyer, Owner or persons in possession of the Manufactured Home soft by or against Seller. For value received. Seller hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within Contract, all moneys due and to become due thereunder, and sal right, title and interest in and to the Manufactured Nome therein described, with full power in the Assignee in its or our name to take such legal or other action which we might have taken save for this Assignment. Unless Seller marks either of the endorsements below, titled "WITH FULL RECOURSE" or 'WITH REPURCHASE," Sellers asskninent shag, except for the provisions of the paragraph titled'Assi nment," be without recourse. ? WITH FULL RECOURSE - Seller agrees that, in addition to the paragraph above titled 'Assignment," in the event of default by Buyer in the fug payment on the due date thereof of any payment under the Contract or in the prompt performance of any other obligation to be performed under the Contract by Buyer, Seller will, on demand by Assignee, forthwith repurchase the Contract from Assignee for a repurchase price, in cash, computed as set forth above. ? WITH REPURCHASE - Seger agrees that, in addition to the provisions of the pang repossess the Manufactured Home, Seger will, 9 the Manufactured Nome is reposse, h Home, forthwith repurchase the Contract and the Manufactured Home from Assignee 1br a By signing below, we agree to the terms of this Assignment. Seller CHESAPEAKE MOBILE HOMES ORIGINAL titled'Assigment, in the ny default by Buyer which shag entitle Assignee to ee and deliver Sel t regard to the then condition of the Manufactured Ise price, ' sit, c usabove. Date BANCONSUMER FORM US ASSIGN t glom 01""' ",." ,,, .....« -- _ DEPARTMENT OF TRANSPORTATION . f 7 x CERTIFICATE OF TITLE FOR A'VEHICLE 991Iq?D1?1DDD(3?18°3-i?fl VEHICLE IDENTIFICATION NUMBER. YEAR MAKE OF VVEHHICLEE TITLE NUMBER 117 "A 4 -2 _P9 OC3OM STATUS BODY TYPE - oup I SEAT CAP-?- PRIOR TITLE STATE - I ODOM. PROCD. DATE :ODOM. MILES - TU 4 DO PATITf,Et7' DATE OF ISSUE ? UNLADENWEIGHT- ? GVWR ---GCWA'-TITLE BRANDS ? ODOMETE99TATUS 0. ACTUAL MILEAGE 1 - MILEAGE EXCEEDS THE MECHANICAL 3_. NOTE ACTUAL kifILLWIE-ODOMETER ODOMETER DISCLOSURE EXtMPT"ST E1 OERAL L.AR, REGISTOD OWNER(S) Wlti f A'M! C KNOCHE & URA S DEYOR 216' BIRCH LANE CARLISLE PA 17013 ? I } FIRST. LIM FAVOR OF: -TAAAC CORPORATION SECOND LIEN FAVOR OF: " TITLE BRANDS.: A-.AMIOUE VEHICLE G . CLASSIC VEHICLE . D . COLLECTIBLE VEHICLE F :6UT-bF COUNTRY ,,pp,, C • ORIGINALLY MFGD. FOR NONai.S. O1$TRIBUTION _ H . AGRICULTURAL VEHICLE. L . LOGGING VEHICLE P : ISMAS A POLICE VEHICLE R . RECONSTRUCTED 5 . STREET ROD T - RECOVERED THEFT VEHICI;t_:. V . VEHICLE CONTAINS FOS$I,IEO VIN w : FLOOD VEHICLE . X . ISM/AS A TAXI If a second Withholder is listed upon satisfaction of the fend 'Yen, the first Xerthoider must forward this Title to the BVreau of Motor Vehkks wkh tlx; FIRST LIEN RELEASED appropriate form and lee. DATE BY SECOND LIM RELEASED ? AUTHORIZED REPRESENTATIVE - D 1 ... ,. - ., •,, r,. ..... MA?UNG ADDRESS. BY 31110 +? ' AUTHDRI El) REPRESENTATIVE TARMAC CORPORATION 27S MUNDY ST WILKES BARRE PA 18792 I carry yes bf the date of Issue, the official rec" of the Pennsylvania Department of Transportation reflect that the person(s) or company named herein is the lawful owner of the said vehicle. LAID SWO014 MO. I W The undersigned: hereby makes application for Cenirl"ie of Tab to the N.I. wdescribed above, eubiecl to tha.encurdMances and other legal claims set forth hero. When applying for title with a:.. other 1Mn your spouse thedgnns oil these blocks. If no block is wal"Ee Issued* •TStmnls Jill COmirlon A ? Joint TenaPoS with Right Of SWv(wtdMy (on deo of)* cOrter, title goes to the survM%owner). B Tenants IN Corimon (oo death of goes to Iris or her heirs or estate). one downer; Rderesl'tif deceased owner - 1ST LIEN DATE: .-? IF:NO LIEN; CHECK 1ST LIENHOLDER STREET CITY STATE '- ZIP FINANCIAL INSTITUTION NUMBER 2ND LIEN DATE: -? IF NO LIEN, CHECK 2ND LIENHOLDER STREET CITY STATE ZIP SIGNATURE OF OO-APPUCANTITITLE OF AUTHORIZED SIGNER I FINANCIAL INSTITUTION NUMBER •• _ • •• • • •• • s 13 ?1 T_ Trl "U J t `J t HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, 1" NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff VS. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendants No.: 06-16536 - Civil Term AMENDED AFFIDAVIT OF SERVICE I, James T. Shoemaker, Esquire, counsel for the plaintiff, Tammac Holdings Corporation, being duly sworn according to law, depose and say as follows: On December 1, 2006, 1 served a true and correct copy of the plaintiff's notice of hearing for seizure of property upon the defendants, William C. Knoche and Debra S. Devor a/k/a Debra S. knoche, , by way of certified mail, return receipt requested. The certified mail was delivered on December 4, 2006, as evidenced by the United States Postal Service Form 3811s. A copy of my transmittal letter dated December 1, 2006, the US Postal Service Form 3800s, and the US Postal Form 3811s are attached hereto as Exhibit "A" and incorporated herein by reference. James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Holdings Corporation Sworn and subscribed to before me this 7`h day Qa7ARnY jr,10 6. PUBLIC 747482--1-- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Terri C. Smith, Notary Public Luzerne Boro, Luzeme County My CoMm) on Expires Feb. 2, 2008 ® ? r 1 rl ? ? ru p i e ul G- FICIAL USE ru , Postage $ ru , Certified Fee u'1 C3 ? Postmark Here dorsement l (En C3 (ErrdaaemeM Requkad) O ru Totes Postage & Fees $ rr=I ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to-, WIII'?am ?Iv_ aIS ^bivC? b K Ny?l Marv ?ky+ CArUStii?? 1706 I OFFICIAL USE I Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees I or PO Box fd0. A- X ? Agent B. Received by ( Printed Name) C. D to of liv, rJ D. Is delivery address different from item 1? es If YES, enter delivery address below: ? No 3. IW* OGertffled Mali 0 Express Mail ? Registered C;teetum Receipt for Merchandise M Insured mail ? C.O.D. 4. Restricted DeliveryT (Extra Fee) 13 Yes 2. Article Number (Transfer from 7005 1820 0005 2462 5021 PS Form 3811, February 2004 Domestic Return Receipt to2595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we-can return the card to you. ¦ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: - Ya Sr`1?e?> I Kla Y4 Koy 'Din r-P13 A. Signature f X j 1 ? Agent B. Received by (Printed Name) I C. L (y,4 1 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ? No 3. Syvlce Type Certified Mail ? Express Mail ? Regleterlsd CKR" Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Exfra Fee) [3 Yes Postmark Here 2. Article Number 7005 1820 0005 2462 5045 (rmnsfer from sear! Ps Form 3811, February 2004 Domestic Return Receipt 1025:5-02-M-1540 C's c C: co 0 _,l 5 T rn tj V Op. HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, 1' NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: 0646536 - Civil Term AFFIDAVIT OF SERVICE I, James T. Shoemaker, Esquire, counsel for the plaintiff, Tammac Holdings Corporation, being duly sworn according to law, depose and say as follows: On December 1, 2006, 1 served a true and correct copy of the plaintiff's notice of hearing for seizure of property upon the defendants, William C. Knoche and Debra S. Devor a/k/a Debra S. knoche, , by way of certified mail, return receipt requested. The certified mail was delivered on December 4, 2006, as evidenced by the United States Postal Service Form 3811s. A copy of my transmittal letter dated December 1, 2006, the US Postal Service Form 3800, and the US Postal Form 3811 is attached hereto as Exhibit "A" and incorporated herein by reference. James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Holdings Corporation Sworn and subscribed to before me this 6th day of December, 2006. /Gam' ??? 4TARY PUBLIC 746513.1 COMMMALT" OF PENNSYLVANIA OT?1 SARI U S8 DEOWN A. HOUSENICK, NOMY P161C W¦(o~e, Luzem County CoR nMon Expires Oct 0. = 13 1313 r 0 13 o 13j13 ti ( 'a C3 i ti 13 13 rru a X m o ai v E C3 O m c M rU B 61 a }"J co p8 t7j? C.0r v Ln 4l a? C 1 >' Y O 114 3fi a 2 w ? r T Y? T E ?? c u4 a $¢ o d ?? C) Ii ¦ ¦ ¦ r aJ . Now - L £ ¢¢ LL 8 ?S w 7205 29h2 5000 0297 900? 10 140 u n HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, 1' NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: 06216536 - Civil Term 10 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: William C. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Date of Notice: December 27, 2006 Debra S. Devor aka Debra S. Knoche 218 Birch Lane Country Manor- West Carlisle, PA 17013 IMPORTANT NOTICE Pursuant to PA RCP 237.5 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU 749704.1 ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1 133 - or- PENNSYLVANIA LAWYERS REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) James T. Shoemaker, Esquire Attorney for Plaintiff Supreme Court ID No. 63871 600 Third Avenue Kingston, PA 18704 Telephone No: 570-287-3000 749704.1 f F FiI>GAN, KIL41GFER & QUINN A PRWESSIONAL CORPORATION BY: ,ins T. Stier, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by assignment, 1' NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendants No.: 06-96536 - Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker. Esquire, hereby certify that I am serving a true and correct copy of the plaintiff's ten day notice of praecipe to enter default judgment, by depositing said document in the United States mail, first class, postage prc-paid, addressed to defendants as follows: William C. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Debra S. Devor aka Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Respectfully submitted, HOURIGAN, KLUG R & QUINN, P.C. By: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 Telephone: (570) 287-3000 Facsimile: (570) 287-8005 Dated: December 27, 2006 749706.1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-06536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS KNOCHE WILLIAM C ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon LrMn OUV WTT.T.TAM r the DEFENDANT at 1930:00 HOURS, on the 4th day of December-, 2006 at 218 BIRCH LANE COUNTRY MANOR WEST CARLISLE, PA 17013 by handing to CHRISTOPHER DEVOR, ADULT IN CHARGE a true and attested copy of COMPLAINT - REPLEVIN ORDER, MOTION FOR WRIT OF SEIZURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: SServiceng 14.40 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 32.40? 12/12/2006 n G3 D HOUR I GAN Sworn and Subscibed to By: before me this day E-apbt?, Sheriff T of A.D. SHERIFF'S RETURN - REGULAR •CASI NO: 2006-06536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS KNOCHE WILLIAM C ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon n, IMT? 7l7RRA C AKA npppA q K1Qnrgp the DEFENDANT , at 1930:00 HOURS, on the 4th day of December-, 2006 at 218 BIRCH LANE COUNTRY MANOR WEST CARLISLE, PA 17013 by handing to CHRISTOPHER DEVOR, ADULT IN CHARGE a true and attested copy of COMPLAINT - REPLEVIN together with ORDER, MOTION FOR WRIT OF SEIZURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/12/2006 HOURIGAN KLUGER By : \ / - eputy Sher A. D. SHERIFF'S RETURN - REGULAR •CASt NO: 2006-06536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS KNOCHE WILLIAM C ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING was served upon KNOCHE WILLIAM C the RESPONDANT , at 1908:00 HOURS, on the 7th day of December-, 2006 at 218 BIRCH LANE COUNTRY MANOR WEST CARLISLE, PA 17013 by handing to CHRISTOPHER DEVORE, STEPSON a true and attested copy of NOTICE OF HEARING together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.28 Affidavit .00 Surcharge 10.00 00 33.28 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/12/2006 HOURIGAN KLUr UINN y: _ B Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS KNOCHE WILLIAM C ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING was served upon DEVOR DEBRA S AKA DEBRA S KNOCHE the RESPONDANT , at 1908:00 HOURS, on the 7th day of December-, 2006 at 218 BIRCH LANE COUNTRY MANOR WEST CARLISLE, PA 17013 by handing to CHRISTOPHER DEVORE, SON a true and attested copy of NOTICE OF HEARING together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 16.00 1-03-01 4- Sworn and Subscibed to before me this day of , So Answers: ?J R. Thomas Kline 12/12/2006 HOURIGAN KLUGER QUINN w By: epu Sheriff A. D. TAMMAC CORPORATION, now by assignment, 1 s' NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: 06-06536 - Civil Term DEFAULT JUDGMENT FOR POSSESSION AND NOW, this /&4Qay of , 2007, judgment for possession is entered in favor of the plaintiff, Tammac Holdings Corporation, by reason of the failure of the defendants, William C. Knoche and Debra S. Devor aka Debra S. Knoche, within the required period of time, to file an answer to plaintiff's complaint, which was properly endorsed with a notice to plead. The plaintiff's damages are in the amount of $60,014.22 plus interest from October 26, 2006, attorney's fees and costs until paid. PROTHONOTARY By: 751761.1 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 570-287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, 15t NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff : vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, TO: PROTHONOTARY REPLEVIN Defendants No.: 06-96536 - Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT POSSESSION Please enter judgment for possession of property located at 218 Birch Lane, County Manor West, Carlisle, PA 17013, in favor of the plaintiff, Tammac Holdings Corporation, and against the defendants, William C. Knoche and Debra S. Devor aka Debra S. Knoche, for their 751761.1 failure, within the required period of time, to file an answer to the plaintiff's complaint, which was properly endorsed with a notice to plead. The plaintiff's damages are in the amount of $60,014.22 plus interest from October 26, 2006, attorney's fees and costs until paid. A true and correct copy of the notice of intention to enter default judgment, which was mailed to the defendants, is attached hereto, incorporated herein by reference and marked Exhibit "A." Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: l? James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (Fax) Dated: January 11, 2007 751761.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, 1St NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its : servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants REPLEVIN No.: 06-06536 - Civil Term 10 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: William C. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Date of Notice:-December 27, 2006 Debra S. Devor aka Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 IMPORTANT NOTICE Pursuant to PA RCP 237.5 r-J C._ r'L0 --tiE T I^ij `i -:3 --C YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU 749704.1 EXHIBIT ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 - or- PENNSYLVANIA LAWYERS REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375, out-of-state residents phone: 1-717-238-6715) James T. Shoemaker, Esquire Attorney for Plaintiff Supreme Court ID No. 63871 600 Third Avenue Kingston, PA 18704 Telephone No: 570-287-3000 749704.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by assignment, 1St NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendants No.: 06-96536 - Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the plaintiff's praecipe to enter default judgment for possession, by depositing said document in the United States mail, first class, postage pre-paid, addressed to defendants as follows: William C. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 600 Third Avenue Kingston, PA 18704 Telephone: (570) 287-3000 Facsimile: (570) 287-8005 Dated: January 11, 2007 Debra S. Devor aka Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff 751763.1 2! (, V' ? ,? ? ? 1? f'? ^? r ? ?? ?? ?`' G ?- E r ? ? C' M1 t ' {!pi Y'? y'? ? ?, rri s ?= G' ?-? ^? 1 N 1 ?? rl //1I?1I?? t' ?? r TAMMAC CORPORATION, now by assignment, 1St NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: 06-06536 - Civil Term DEFAULT JUDGMENT FOR MONEY DAMAGES AND NOW, this /`-Aday of , 2007, judgment for money damages is entered in favor of the plaintiff, Tammac Holdings Corporation, by reason of the failure of the defendants, William C. Knoche and Debra S. Devor aka Debra S. Knoche, within the required period of time, to file an answer to plaintiff's complaint, which was properly endorsed with a notice to plead. The plaintiff's damages are in the amount of $60,014.22 plus interest from October 26, 2006, attorney's fees and costs until paid. PROTHONOTARY By: /-- 751010.1 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 570-287-3000 TAMMAC CORPORATION, now by assignment, 1St NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN No.: 06-96536 - Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FOR MONEY DAMAGES TO: PROTHONOTARY Please enter judgment for money damages regarding the property located at 218 Birch Lane, County Manor West, Carlisle, PA 17013, in favor of the plaintiff, Tammac Holdings Corporation, and against the defendants, William C. Knoche and Debra S. Devor aka 751010.1 Debra S. Knoche, for their failure, within the required period of time, to file an answer to the plaintiff's complaint, which was properly endorsed with a notice to plead. The plaintiff's damages are in the amount of $60,014.22 plus interest from October 26, 2006, attorney's fees and costs until paid. A true and correct copy of the notice of intention to enter default judgment, which was mailed to the defendants, is attached hereto, incorporated herein by reference and marked Exhibit "A." Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (Fax) Dated: January 11, 2007 751010.1 - _J - _ f HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR Plaintiff LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, 15` NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, TO: William C. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Date of Notice: December 27, 2006 Debra S. Devor aka Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 IMPORTANT NOTICE Pursuant to PA RCP 237.5 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU 749704.1 REPLEVIN Defendants No.: 06-06536 - Civil Term 10 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT EXHIBIT ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 - or - PENNSYLVANIA LAWYERS REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375, out-of-state residents phone: 1-717-238-6715) James T. Shoemaker, Esquire Attorney for Plaintiff Supreme Court ID No. 63871 600 Third Avenue Kingston, PA 18704 Telephone No: 570-287-3000 749704.1 HOJRFGAN, KL- UGER & QUWN A' ESSIONAL CORPORATION By: Jwfts T. Sh Wwr, Esquire ATTORNEY FOR PLAINTIFF IC INTIFICATION NO. 6W71 LAW OFFICES 600 TNrd Avenue Kingston, PA 16704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, 161 NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, REPLEVIN Defendants No.: 06-46536 - Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker. Esquire, hereby certify that I am serving a true and correct copy of the plaintiff's ten day notice of praecipe to enter default judgment, by depositing said document in the United States mail, first class, postage pre-paid, addressed to defendants as follows: William C. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Debra S. Devor aka Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Respectfully submitted, HOURIGAN, KLUCiER & QUINN, P.C. By: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 Telephone: (570) 287-3000 Facsimile: (570) 287-8005 Dated: December 27, 2006 749706.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by assignment, 1' NATIONAL BANK OF : PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendants No.: 06-96536 - Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the plaintiff's praecipe to enter default judgment for money damages, by depositing said document in the United States mail, first class, postage pre-paid, addressed to defendants as follows: William C. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 600 Third Avenue Kingston, PA 18704 Telephone: (570) 287-3000 Facsimile: (570) 287-8005 Dated: January 11, 2007 Debra S. Devor aka Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff 751015.1 ? ,. Q =: --a ---! i"Sl; :i. ?J ' j .? j t r ?;.;, y , ?? ::? ?' ,? ?? ?_ ? ? c ? ?. ?? ?? `? ?? 4 HOURIGAN, KLtXMR i QMN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR Defendants IDENTIFICATION NO. 83871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, 1°t NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS : CORPORATION, CIVIL ACTION - LAW Plaintiff vs. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, : REPLEVIN Defendants : No.:06-6536 - Civil Term SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: The Defendants, William C. Knoche and Debra S. Knoche, have filed for bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania to No. 1:07-bk-00121. The aforementioned bankruptcy acts as an automatic stay against the Defendants in the above-captioned proceeding. RE>S? LY SUBMITTED: Hourl r Quinn PC, By: S T. SHOEMAKER, ESQUIRE I.D. No. 63871 Counsel for Plaintiff 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: January 17, 2007 752669.1 1' HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Joseph E. IQuger, Esquire ATTORNEY FOR Defendants IDENTIFICATION NO. 56346 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 187045815 (570) 2875000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, 18t NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS : CORPORATION, CIVIL ACTION - LAW Plaintiff vs. REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: 0646536 - Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the foregoing suggestion of bankruptcy, by depositing said document in the United States mail, first class, postage pre-paid, addressed to defendant's counsel of record as follows: Gregory S. Hazlett, Esq. 7 West Main St. Mechanicsburg, PA 17055 RESPECTFULLY SUBMITTED: HouriGan-,WuW& Quinn, P.C. By: J SHOEMAKER, ESQUIRE I.D. No. 63871 counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 Dated: January 17, 2006 752724.1 r? " -Ti z -?r7 t t r CJ ? . e 1% TAMMAC CORPORATION, Now by assignment, 1" NATIONAL BANK OF PENNSYLVANIA, by and Through its servicing agent, TAMMAC CORPORATION, Now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff V. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants CIVIL ACTION - LAW NO. 06-6536 CIVIL TERM IN RE: MOTION FOR WRIT OF SEIZURE ORDER OF COURT AND NOW, this 18t' day of January, 2007, upon consideration of the attached communication from the law firm of Hourigan, Kluger & Quinn, attorneys for Plaintiff, the hearing previously scheduled for January 18, 2007, is cancelled. Counsel for the Plaintiff is directed to file a motion with this Court for a new hearing date when the bankruptcy stay expires or is lifted. 1, /ames T. Shoemaker, Esq. Hourigan, Kluger & Quinn 600 Third Avenue Kingston, PA 18704-5815 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BY THE COURT, I fj'/L i, J. esley Oler, A., j n A-}} 1 L .01 W6I ffLGZ n Jqb . Alliam C. Knoche Debra S. Devor, a/k/a Debra S. Knoche 218 Birch Lane Country Manor West Carlisle, PA 17013 Defendants, pro Se :rc .,. HOURIGAN, KL-UGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esq. ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 800 Third Avenue nVaton, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, 1" NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its: servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff VS. REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: 06-6536 - Civil Term PRAECIPE FOR WRIT FOR POSSESSION TO THE PROTHONOTARY: Please issue a writ of possession upon thc.ludgment in replevin entered in the above matter of the defendant's 1990 Redman manufactured home bearing; VIN 122 34280 located at 219 Birch Lane, County Manor West, Carlisle. PA 1701;. Thant: you Respectfully submitted, Fl()URIGA LUC}ER & DIIIN N, P.C. t3 _ Jzimes T. Shoemaker, Esquire I.D. No. 63871 Dated: September 4, 2007 78x764.1 I° V" M w j r crs CO F ?' I ' .wyy 0./ ti P { a l 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC CORPORATION, now by assignment, 1sT NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now and by assignment, TAMMAC HOLDINGS CORPORATION VS. No. 06-6536 Civil Term WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE Costs Attorney's $ 243.58 Plaintiff s $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) TAMMAC CORPORATION, now by assignment, 1sT NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION. being: (Premises as follows): 1999 Redman manufactured home bearing VIN 12234280 located at 218 Birch Lane, County Manor West, Carlisle, PA 17013. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. -1/ ?J It A Il,-'JL R-, s R. Long, Prothonotary, Common Pleas Court of Cumberland County, PA Date 09/05/07 (Seal) i i 2of2 No 06-6536 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC CORPORATION, now by assignment, 1 sT NATIONAL BANK OF PENNSYLVANIA, by and through its sevicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION VS. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/ka DEBRA S. KNOCHE WRIT OF POSSESSION P.R.C.P. 3160.3165 ETC. Costs Att'y $ 243.58 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: James T. Shoemaker, Esquire Hourigan, Kluger & Quinn 600 Third Avenue Kingston, PA 18704 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy i i By virtue of this writ, on the day of I caused the within named to have possession of the premises described with the appurtenances, and Writ of Possession returned STAYED due to Bankruptcy an 10111073.. p -r At tV ,Shoemaker. So Answers, Sworn and subscribed to before me this Day of , POP he ' By ° Sheriff's Return: Advance Costs: 150.00 Docketing 18.00 Sheriff' s Costs: 60.80 Poundage 1.20 89.20 1 Prothy 2.00 Milagee 9.60 Refunded to Atty on 10/1/ 07 G Surcharge 30.00 60.80 ` E. 1- -99 ?J ?qqG FQ 2of2 No 06-6536 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC CORPORATION, now by assignment, I ST NATIONAL BANK OF PENNSYLVANIA, by and through its sevicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION VS. WILLIAM C. KNOCHE and DEBRA S. DF,VOR a/ka DEBRA S. KNOCHE WRIT OF POSSESSION P.R.C.P. 3160.3165 ETC. Costs Att'y $ 243.58 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: James T. Shoemaker, Esquire Hourigan, Kluger & Quinn 600 Third Avenue Kingston, PA 18704 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of , . I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy I of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC CORPORATION, now by assignment, 1ST NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now and by assignment, TAMMAC HOLDINGS CORPORATION VS. No. 06-6536 Civil Term WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE Costs Attorney's $ 243.58 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) TAMMAC CORPORATION, now by assignment, 1ST NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION. being: (Premises as follows): 1999 Redman manufactured home bearing VIN 12234280 located at 218 Birch Lane, County Manor West, Carlisle, PA 17013. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. 0. 11. Ad" s R. Long, Prothon , Common Pleas Court of tberland County, PA Date 09/05/07 (Seal) HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esq. ATTORNEY FOR Plaintiff IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, I' NATIONAL BANK OF OF CUMBERLAND COUNTY PENNSYLVANIA, by and through its : servicing agent, TAMMAC CORPORATION,: now by assignment, TAMMAC HOLDINGS CORPORATION, CIVIL ACTION - LAW Plaintiff vs. REPLEVIN WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE, Defendants No.: 06-6536 - Civil Term PRAECIPE FOR WRIT FOR POSSESSION TO THE PROTHONOTARY: Please issue a writ of possession upon the judgment in replevin entered in the above matter of the defendant's 1999 Redman manufactured home bearing VIN 12234280 located at 218 Birch Lane, County Manor West, Carlisle, PA 17013. Thank you. Respectfully submitted, HOURIGAN, ICL & QUINN, P.C. BY: James T. Shoem er, Esquire I.D. No. 63871 Dated: April 17, 2008 782764.2 1 O 00 J O J d O W 9> 00 OD d -_ _ 0. t C=D L.a ..0 O S Rte! W °rl 00 O coo t O ., O SU O ?; a. 7 -22 00 O o 0 0 0 0 0 0 00 ?: m r== ui roU ? cs3 zt `!? W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC CORPORATION, now by assignment, 2ST NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION VS. No. 06-6536 Civil Term WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE Costs Attorney's $ 328.38 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) TAMMAC CORPORATION, now by assignement, 1sT NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION being: (Premises as follows): 1999 REDMAN manufactured home bearing VIN 12234280 located at 218 Birch Lane, County Manor West, Carlisle, PA .17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. s , IC. z L, u is R. Long, Prothonotary, 13 Common Pleas Court of Cumberland County, PA DATE: 4/18/08 • ? r 2of2 No 06-6536 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC CORPORATION, now by assignment, 1sT NATIONAL BANK OF PENNSYLVANIA, by and through its servicing agent, TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION VS. WILLIAM C. KNOCHE and DEBRA S. DEVOR a/k/a DEBRA S. KNOCHE WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs AWy $ 328.38 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of , . I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , So Answers, By Sheriff r k DEPARTMENT OF TRANSPORTATION t. ?? C T? .ICAt`E or TITLE tOR A: VIE' .:cLt w 4. 1 VEHICLE IDENTIFICATION NUMBF.. I YEAR 1 MAKE OF VEHICLE "Y'qPE 'WP I AT CAP T PRIOR TITLE STATE ODOM. PROCD. DATE ,Lit IDA FA TIT}.Eb I- DATE OF ISSUE " I UNLADEN WEIGHT GVWR i f TITLE NUMBER - ...( 0. ACTUAL MKEAGE t . MILEAGE EXCEEDS THE MECHANICAL •. .. 2. NOT jHE ACTUAL MAEAGIt / ?. 3,. NO ACTUAL A?IFMt.?U lM ..l x ° fDbMFTER DiSLt lSiiRl EXEt1Pfi -11Y ftl% At 1 7ANRERMKi VERN?ED I-EXEMPT FROM DIX7ME{t ?1918CLEf$lfR R"S7 D OWNER(S) "M BRANDS.., . LA t o-M C KNOCHE E -?-- A-?ANTIOUE VEHICLE. o OL E C E E CTI kA S QE{y rOR L K VVEHI L C F OUT OF COUNTRY G ORIIGIINALAY MFGD FOR NON&. C N LANE 2 H i 7? . H. D1 WGTJIiuRAL VENICLE ,: ? s n CARS 1 SL A 1703 . L. L=?GING VBOCLE P + IS1WA3 A'POLICE YEHI¢E C P II?TEO T R R S . STREET EET ROD O / \ V . V6l:ON[AINS.IlAS VIN . 1 W.FIOOD VE1pf3.E Vii'. X.I&WAS AYAXI ?IHSF,:LI FAVOR OF: SECOND LIEN FAVOR OF: t ti AC CORPORATION r If a secant leNtholdet is Ysled upon Satisfaction of the fast 'Nat. the first forward tlis Tice to te''- Bureau of. Motor VehkKs with ft; . and fee. =;r. FNi3i LIEN RELEASED sc{::` ` DATE , . 13Y SECOND LEN REEEASED AUTHORIZED REPRESENTATIVE -. _ MA?LING ADDRESS BY ' D 3 1 O D f . AlI1N F REPRE JVE.' . . TARMAC CORPORATION 275 MUNDY ST NILKES SARRE PA 18702 I r:Blfi( ,j-of tro Ati oi`l e, Lhe on;ial r of the Pennsylvania Department of Transportalion reflect that the person(s) or cumpe ' named herein is tle fawiw owner of the said Vehicle. f ... •, Vvflen applying idr at .;. . bA. otier ttaai yolir '0.45u". tttadtbna W TAN ' these Wbsks. t flub tle v Iaalled-i •ff'' ?R CdiSRlo MO.. . • YEAR A ? Jekt To" with. Right 41 .Ion dN1?01:1?nf 111Aelar.'tQF goes to the #UrYNkpuwm•r). B ? Tenants ih Common (tai death of oni:owner, fniersstif deseasetl owner goes to lfis or het helm or estate). iNATVRE O PERSON MINISTERING OATH IST LIEN DATE: -10- ff'NO LIEN, CHECK IST LIENHOLDER Q I STREET 1L , tn CITY FINANCIAL INSTITUTION NUMBER _ 2ND LIEN DATE: The-tA deryiynadWOW makes app7ketion for CertNics?Ie of Tole to the Vehicle desenbed alimnt.jubjaet to ?ncurMrances and other legal claims set forth here. 2ND LIENHOLDER ' SIGNATURE OF AP.P U NT OR AUTHORIZED SIGNER STREET CITY ' SIGNATURE OF 00-APPLICANTMTLE OF ALM40RIZED SIGNER FINANCIAL INSTITUTION NUMBER STATE , ZIP IF NO LIEN, CHOCK STATE ZIP N V e-, By virtue of this writ, on the day of - - - , , - . I caused the within named - - 4-1p ba*possession of the premises described-YAM tM Writ of Possession Returned Stayed on 5/22/08 12er Attorney.. .?? So Sworn and subscribed to before me this Day of , S eriff ? ? BY -L 0, h Sheriff's Return Advance Costs: 100.00 Sheriff's Costs: 60.18 Docketing 18.00 37 =. Surcharge 30.00 Poundage 1.18 Prothy 2.00 Refunded to Atty on 5/22/08 Milage 9.00 60.18 ? 4)b'4Ib8 4- -43.0v o? l W r t4-' ,?