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HomeMy WebLinkAbout07-6273IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount CIVIL DIVISION Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, No. 07 - (oag3 Civ; k Term Plaintiff, Complaint in Civil Action - Replevin V. Deborah M. Morton and Dale E. Morton Jr., Defendants. Filed on behalf of: Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, Plaintiff, CIVIL DIVISION No. 6 9- GZ 73 &'.a -r.. Complaint in Replevin V. Deborah M. Morton and Dale E. Morton Jr., Defendants. NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, Plaintiff, V. Deborah M. Morton and Dale E Morton Jr., Defendants. CIVIL DIVISION No. d 7 4. a?3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. COMPLAINT COUNT I - REPLEVIN AND NOW, comes Green Tree Consumer Discount Company by and through its attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in Replevin: 1. Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, hereinafter referred to as (the "Plaintiff' or "Green Tree") is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania and has its principal place of business located at 3 Executive Park Drive, Bedford, New Hampshire 03110. 2. Deborah M. Morton and Dale E. Morton Jr., hereinafter referred to as (the "Defendants") are individuals whose last known address is 16 Mountainview Terrace, Newville, Pennsylvania 17241. 3. On or about March 12, 1997, the Defendants purchased a 1988 Clayton Ridgewood Manufactured Home, Serial Number CM043534 (the "Mobile Home") from Royal Finance of Pennsylvania (the "Seller") and entered into a written Manufactured Home Retail Installment Contract and Security Agreement (the "Security Agreement") for the payment of a portion of the purchase price thereof. A true and correct copy of the Security Agreement is attached hereto as Exhibit "A." 4. The Defendants acquired financing from BankAmerica Housing Services, a division of Bank of America, FSB ("BankAmerica") to purchase the Mobile Home. 5. The Seller assigned its interest in the Security Agreement to BankAmerica. 6. BankAmerica recorded its first lien on the Certificate of Title for the Mobile Home with the Bureau of Motor Vehicles for the Pennsylvania Department of Transportation. A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B." 7. Subsequently, BankAmerica transferred its servicing rights and responsibilities in the Security Agreement to GreenPoint Credit LLC. 8. Effective November 1, 2004, GreenPoint Credit, LLC, assigned its servicing rights and responsibilities in the Security Agreement to Green Tree Consumer Discount Company, Plaintiff herein. 9. Plaintiff avers that the approximate retail value of Mobile Home is $9,000.00 and that the Mobile Home is in the Defendants' possession and believed to be at the Defendants' address as stated above. 10. Defendants defaulted under the terms of the Security Agreement by failing to make payments when due. 11. Plaintiff provided Defendants with thirty (30) days notice of intent to repossess the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile Home is attached hereto as Exhibit "C." 12. Defendants failed to cure the default or return the Mobile Home upon Plaintiffs demand. 13. As of October 17, 2007, the Defendants' payments of interest and principal were in arrears in the amount of $1,120.28. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of October 17, 2007, is $10,446.20. 14. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of said Mobile Home. 15. The Security Agreement provides that in the event of default, Defendants will pay: a. the reasonable attorney's fees of seller or of seller's assignee, provided that prior to commencement of legal action such fee shall not exceed $50.00; b. court costs and disbursements; and c. costs incurred by seller or of seller's assignee to foreclose on the Mobile Home including the costs of storing, reconditioning and reselling the Mobile Home. 16. In order to bring this action Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, requests: a) judgment against the Defendants to recover possession of the Mobile Home, plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. COUNT II - DAMAGES By way of separate and alternative pleading, Plaintiff, Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, alleges the following: 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though fully set forth. 18. This Count is brought in the alternative to the relief sought in Count I. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, requests: a) judgment against the Defendants in the amount of $10,446.20 with interest and late charges plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Morton, Deborah & Dale\CM.wpd VERIFICATION Erin P. Dyer, Esquire, on behalf of Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, as its attorney deposes and says subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing are true and correct to the best of his information and belief. He signs the Affidavit on behalf of the Plaintiff because the Plaintiff is outside this jurisdiction and, therefore, the Plaintiff's Verification cannot be timely obtained. Upon request, the Plaintiff will provide its Verification. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Morton, Deborah & Dale\CM.wpd PENNSYLVANIA MH FIXED RATE CONTRACT 411"liii)ii ?<HNNh]OIXF.VNDN?I? RETAIL INSTALLMENT CN «N' LOAN PLAN F01 ONTRACT and SECURITY AGREEMENT OFFICE NUMBER: 7 9 07 5 CONT DEALER NO; 7 5 0 218 r, ACCT. No.: 3 J? i4Aiii?siR+cicN„!?rN NAME DEBORAH M. MORTON BUYER(S): NAME:- DALE E . MORTON JR NAM F- NAME couwyr CU'' BERLAND ADDRESS: 318 N WEST STREET crrv CARLISLE STATE: PA xlP: 17 013 PHONE: 717/240-0817 s. sEc, *(s): 183-62-7633 203-54-8738 PROPOSED LOCATION OF MANUFACTURED HOME: MOUNTAINVIEW TERRACE LOT 16 NETWILLE, PA 17 241 9." "me." "myself" or "my" mean all persons who sign this contract as buyer or co-buyer. jointly and severally, and "you" or your" mean the saller and any assignee. This contract will be submitted to the Creditor indicated below, at a local office and. if approved. it will be assigned to that Creditor. On the data of this contract. I buy from you on a credit sale basis the manufactured home described below, together with furnishings, equipment, appliances and accessories included in the manufactured home at the time of purchase (called "Manufactured Home"). rpFnrrnRrRANKAMERICA HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB Description of Manufactured Home: ADDITIONAL ACCESSORIES AND FURNISHINGS: TRADE NAME: CLAYTON YEAR: 88 NEW: USED: X SERIAL NUMBERS: CM043534 ?r......--_... SERIAL NUMBER ITEM SERIAL NUMBER ITEM `..'.:... PROMISE TO PAY: I promise to pay you the Unpaid Balance shown on page 2 of this contract (Item 5) with interest at the rate of: 13.25 %per year until the debt is fully paid. I'll pay this amount in installments as shown in the payment schedule. Each monthly payment will be applied as . of its scheduled due date. If no interest rata is disclosed above. the interest rate is the Annual Percentage Rate shown below. ANNUAL PERCENTAGE RATE The cost of my credit as a yearly rate: 13.25 % MODEL: RIDGEVdOOD LENGTH: 7 0 IL WIDTH 14 tt FINANCE CHARGE The dol lar amount the credit will cost me: $ 21,986.20 Amount Financed The amount of credit provided to me or on my behalf: 16,820.00 Total of Payments The amount I Will have paid after I have made all payments as scheduled: $ 38,806.20 Total Sale Price The total cost of my purchase on credit Including rrry down payment of $ 1,870.00 4 40.676.20 See contract terms for additional information .? i d .,n. :. , > NNN:•!N.. Nx + • W `,'? =.; OfNNN N N <f1: NNNNHN)41 N _ _ __ f xHNN,iMY! lift f 1 JI fI NxNNHH,tx ... n. _ , ' "SOfNY?1? R'VtNKtN MN.` NN.>i IOIVHISN«N NW)pN,tN) w1NN4:',rii,iY"rv. sum NNN,<1f. ,,,tgOptltH,{,MM,? .???Z,~ • :yM,?? NH y«,f?{,( V«"Nx,:x ?nIN56U11i,1111«If GQiiY"M"irvl.G h ? tir`i3{}N -• • ?p/? re about nonpayment, default, requ it . ? T .1 i L L nnr "'v n - :100333Gi: i v vvvvvN 4uv:vvvvvJ ii:i::G:d • wwv"t::rr " J;:w-v63:%:::%:: repayrnent in full before the scheduled and prepayment refunda'and date i,<lui ;:,olt 180 s 215.59 . 19 ki Monthly. beginning Oki , penalties. I3i;)xw, i. x I; $ .00 Monthly, beginning .19 Prepayment: If I pay off early. I will not S .00 Monthly, beginning '19 have to pay a penalty, but I will not be entitled to a refund of the Prepaid Finance ` .I..... S fl Monthly, beginning . 19 Charge, if any. ;a:;t;4«H Security: I give you a security interest in the goods or property being purchased. Late Charge: If* payment is more than 15 days late. I will be charged 2 % of the unpaid amount of such payment, not to exceed S 5.00 Assumption: Someone buying my Manufactured Horne may. under certain circumstances, be allowed to assume the remainder of the contract on the original terms. EXHIBIT "A" X0082-0790 PA PAGE 1 Of s -1. Cash Price (Incl, Sales Tax of $ . 0 0): $ 17, 2. a. Cash Downpayment $ 1, 87 -0.0 0 b. Trade-In (Year. Make. Model): Length Width Gross Value $ . 0 0 Liens $ .00 (Seller t7 pay all Net Trade-in Value $ .00 Total Downpavment ....... $ 1,870.00 ............... .. 3. Unpaid Balance of Cash Price (1 minus 2) $ 16 , 03 0. 6_0 4. Amounts paid to others on my behalf: a. To Insurance Companies: (1) Property Insurance $ 7 70.00 (2) Credit Life Insurance $ .00 b. To Public Officials: (1) Certificate of Title $ 15.00 (2) FILING FEES $ 5.00 C. To Creditor: For: $ .00 d. To: For: $ .00 s. To: For: $ .00 f. To: For. $ .00 U. To: For: $ Total (a+b+c+d+e+f+g) 5. Unpaid Balance (3 plus 4) ...................... 6. Prepaid Finance Charge ........................ 7. Amount Financed (5 minus 6) $ 790.00 $ 16,820.00 $ .00 $ 16,820.00 PROPERTY INSURANCE: Property Insurance on the Manufactured Home is required far the term of this contract I have the 'night to choose the person through whom it is obtained. By marking the appropriate line below, I elect to buy the coverage indicated from you for the term and premium shown, and I want it financed on this contract Type of Insurance Term Premium X Physical Damage Coverage 3 6 MOS $ 770.00 _ 0MOS $ .00 _SERV CNTRT $ LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE SECTION ABOVE. CREDIT LIFE INSURANCE: Credit Life insurance is not required for this contract or a factor in its approval. If I elect Credit Life Insurance, the name(s) of the proposed insured(s) are. Proposed Insured Proposed Insured (Only spouse can be insured jointly.) This insurance may not payoff all of my debt, and the exact amount of coverage is shown on my policy or certificate. My signature indicates my election o obtain Credit Life Insurance coverage for the term and premium shown: Type of Coverege Term Premium Single $ _ Joint $ Data (mum) Date (aignatuie) (If joint coverage desired. both proposed insureds must sign.) ADDITIONAL TERMS AND CONDITIONS SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in all goods that are or may hereafter by operation of law beoome accessions to it, (2) all appliances, machinery, equipment and other goods furnished with the-Manufactured Home (whether or not installed or affixed to it) Including but not limited to the items listed as "Additional Accessories and Furnishings" on page 1 of this contract, (3) any refunds of unearned insurance premiums financed in this contract, and (4) all proceeds of such Manufactured Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and performance of my obligations under this contract, including any additional debt arising because of my failure to perform my obligations under this contract and includes any contractual extensions, renewals or modifications. My execution of this contract constitutes a waiver of my personal property and homestead exemption rights to the property heroin described. I will sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your security interest in any personal property and fixtures. PREPAYMENT: i MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. 3oea2anSPA ORIGINAL COPY 90 PACIE20FS PROPERTY INSURANCE: a. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home for the term of this contract against loss by fire, hazards included within the term "extended coverage" and any other hazards, including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance I owe from time to time under this contract (the "Minimum Coverage"). The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a 10 day notice of cancellation to you. Unless you consent in writing, I shall not add any additional loss payee to the insurance policy. I have the right to choose the person through whom the property insurance policy is obtained. If my insurance coverage expires or is cancelled prior to payment in full of this contract, I must obtain no less than the Minimum Coverage at my expense for the remaining term of this contract. Should I fail to maintain the Minimum Coverage, you may, but are not obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only your interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period as you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus interest at the contract rate, will be added to my debt. I will repay such amount during the term of the policy in the manner requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than might be' the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may receive a profit for this service, b. Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and all insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which In type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, I shall give prompt notice to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, you may do so on my behalf. All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restoration or repair of the Manufactured Home, unless you and I agree otherwise in writing or unless such restoration or repair is not economically practical or feasible, or your security interest would be lessened. If such restoration or repair is not practical or feasible, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balance of this contract, whether or-not then due, and give me any excess. LATE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this contract. Only one late charge will be made on any delinquent Installment regardless of the period for which that installment remains in defaul. After this contract matures, whether by acceleration or otherwise, I will not be charged a late charge. EVENTS OF DEFAULT: I will be in default under this contract if. (a) I fail to make any payment when due; (b) I fail to timely make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which the Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or facility where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you may reasonably determine; (6) 1 remove the Manufactured Home from the address shown on this contract unless I notify you in advance and receive your written consent; (f) I sell or attempt to sell the Manufactured Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any real estate without first obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally; @ I fail to promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it is located; and/or-Q I fall to do anything else which I have promised to do under this contract. NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary to correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this contract. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) 1 have abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist. CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Home Is transferred from me, which will be at least 45 days after receipt of the notice of default. To cure a default, I must pay. (a) all amounts which would have been due in the absence of default and acceleration; (b) the attorney's fees set forth below; (c) any late charges that are due; and (d) reasonable costs which are actually incurred for detaching and transporting the Manufactured Home to the site of sale. I must also perform any other obligation I would have had to perform in the absence of default. 350aW-07WPA ORIGINAL COPY PAOE3OF5 REMEDIES UPON DEFAULT, If I do not cure the default, you may do any or all of the foliowing at the end of the notice period, as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due under this contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I give you under this contract. If you are not required to send me the Notice of Default and Right to Cure Default, you will have these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from the sale, after expenses, is less than what l owe you, I will pay you the difference except as otherwise provided by law. All remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect your security. ATTORNEY FEES: if you hire an attomey who is not your salaried employee to collect what I owe under this contract or to get possession of the Manufactured Home, I will pay your reasonable attorney's fees, provided that prior to commencement of legal action such fees may not exceed $50.00 and further provided that no attorney's fees may be charged prior to my receipt of the notice of default. OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the next twelve month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law, (c) to pay interest at the contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in full; (d) to reimburse you immediately upon your demand, with interest at the contract rate, the amount of funds you actually advance on my behalf to correct my default; and (e) that If I am married, and residing in a community property state, both my community property and separate property will be liable for all payments due under this contract. ASSIGNMENT: You may assign this contract to any person or entity. All rights granted to you under this contract shall apply to any assignee of this contract. CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting my account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish information about me, including Insurance information, to all others who may lawfully receive such information. You may furnish specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance agent to enable such agent to quote premiums to me and solicit my insurance business. WAIVER: Waiver of any default shall not constitute a waiver of any other default. No term of this contract shall be changed unless in writing and signed by one of your officers. This contract Is the entire agreement between us and I agree that no oral or implied representations have been made to induce me to enter into this contract. VALIDITY: Wherever possible each provision of this contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this contract shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this contract. This contract shall be of no effect until and unless signed by me and you. In no event shall any charge under this contract exceed the highest amount allowed by applicable law. If any excess charge is received, such excess shall be refunded or applied to the amount due. GOVERNING LAW: Each provision of this contract shall be construed in accordance with and governed by the laws of the state where the Manufactured Home is located, provided that to the extent you have greater rights or remedies under Federal law, such choice of state law shall not be deemed to deprive you of such greater rights and remedies under Federal law. 150aM-0798PA ORIGINAL COPY PAGEA0F5 ACCEPTED„ The foregoing contract is hereby assig nod under the terms • of the below Assignment SELLER: ROYAL FINANCE OF PENNYSLVANIA SELLER'S Amass: 47 01 DEVONSHIRE ROAD STE 105 HARRISS RG PA 171090000 SELLERS SIGNATURE: \ SELLER'S TITLE: If you do not meet your contract obligations, you may lose your manufactured home. 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. WYEA(.S7S?r"TuHE(Sk M DE RA M. MORTON 0 AL E. MORTO JR DATE OF THIS CONTRACT. ' 3-1 a - 01 1 -.19 I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. _ ? fYl rncan-? (S%FW1UN of Ouy.Q (SW MM WOO ASSIGNMENT BY SELLER TO CREDITOR INDICATED ON PAGE 1 ('Creditor"} With respect to this retail installment contract ("contract") signed by one or more buyers ("Buyer'), SELLER represents and warrants that (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer was legally competent to contract at the time of Buyer's execution of this contract; (3) this contract arose from the bona fide sale of the merchandise described In this contract; (4) the downpayment was made by Buyer in cash unless otherwise specified and no part thereof was loaned directly or indirectly by Seller to Buyer, (5) any trade-in, or other consideration, received as any part of the downpayment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed on such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or contemporaneously with the assignment of this contract to' Creditor, (6) there is now owing on this contract the amount set forth herein; (7) this contract and any guaranty submitted in connection herewith is in all respects legally enforceable against each purported signatory thereof; (8) Seiler has the right to assign this contract and thereby to convey good title to It, (9) in the event of any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or other property or consideration transferred pursuant to this retail installment contract, Seiler agrees that it will indemnify and hold Creditor harmless from all such claims and defenses as well as from all costs reasonably incurred by Creditor in connection therewith, including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credit Reporting Act, Seller has notified Buyer that this contract is to be submitted to Creditor. For value received, Seller hereby assigns to Creditor all its rights, title and interest in this contract and the property which Is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same. All the terms of any existing written agreements between Seller and Creditor governing the purchase of contracts are made a part hereof by reference, it being understood that Creditor relies upon the above warrant" in purchasing this contract. This contact has been gncd to The F Chicago. as Trustee d the Fn' u Nati ement dated as ofTut x ? ot y 1? Pooling and n AB?'kAmerica Hcatt? 1997 between stint sOf Bank Services, an UMnco and fereunderof America; FSB or to any s hairmgn 'L`am a HoiWasurvicaj Bftuk -erica 36DW-OTCs PA PAGE 5OF O 0 F-A W IV 'DEPARTMENT OF TRANSPORTATION , .'; ;GE;RTt'F(CATEOF`.TITLE FQF2"?y' r9;d75' .,:<?+-' I',.; ,: • +'•- A_ VEIC.LE ' , .:;:.S.. ''tic.. '%e? .,Y' •; .. , a'a'a.??., ... „?;'y ???? ,+4f'-' _ ? s'f?? !!fi?gg ??pp yygg?? •? , i'L y _M1 97_ D?.15©Ot3492• '` -` 1l1?IAI????I?I?tN ?? '?? ti.'; ?„}tea - '?•, ?t'• *... -"tom ?.,• - ??.(s'?;•r ,.?' rNP" ' " -+. - ?_? ?. • , 1IENICLE"IDENTIFICATION NUMBER_ - Y _ uAriEOfVEMCLE NUIISER TITLE ' t-ra!? C ` ?a?• X. 61013y ;TYPE ./o(l.f_f ,. + T- oooaL _ ouP ?' srow g -+ PRIOR TITLE STATE,;' +- ?"'' " - _i.::ODOM. PROCD^oATE: , --.+.---"r :--? x.7/-7197 -,.=' •: ,. t , - MILES _ ODOM.'STATUS , ...... :i fiDAf TE.Pa.T?11fr a J 80_ r , .4• TE OF LSSUE -'UNl-AM IN!r` . .?-Y .. r•i?< '' ..m:." .Y S3YWH.::.+ ln'i,;,? OCIMA •k. r:TI71F r( 51 ??? "; >?r ??" : c « _ Zi • I E !j. t i' ?:E ' : Phi eNMm3,j: "`• S 1 _ , ..?.a;:.. ' •'9'; >? ?' ODOYETEgsrA •?. y?,,s.:Q •0' AC•rUN.'rNLEAOE "s''x r•" ';, : • . • _ _ ._ .- _ _ • • . •_ ?, • _ ' + - 1 ' MILEAGE EXCEEDS t E ME04AN10,4 - 'k"- ?O` T: N077NE AGTIMIL• E:: ,`000NlETER DISCLOSURE LE EMPT:.=' - '° A`° X „; BY FEDERAL 'LAM _ "°"RE° UT"?' NER{${ i L ,??`S ti ;?li f \ EXEMPT FROM -4DALE E DEBORAHti,P! TITLE 11 • ...•..._._ ,. A ' AN1buE VpI1CLE' j ,?R C a CLASSIC VeHtCLE ' + 4ORT';. r,ON •n. , + 4+, h D ' COL1EC118LE Y&RCLE '.-" . .MOU TAINVIEN _ f!`?= ?:•.. `•'? F a';= ? TERR`ACE "DDISTR bN" FOR =tOT 16 + RR4 BOX 1$9 cr=y ,; .«' -?;•?.?• -/,;;+ L; VETIICLE LOCICLM fAtE NEW ltt_E PA 17 (?j i -!i.• _- - _ ;i 4 ?> '? P -F ORMERLYA v -.a" S 2,!?.y'r. rr , ._' « 1,S ac.-y ..- >?• R' RECONSTRIICTEO n " •c. '-?? t?\i?' V 5_SMETRCD Y ! ?'.r'i: :•\. y..+ t ,-•: , .=ir r. r x• RECOVERED 7MEFifV¢' 1 KYE C.'•s:r WNTAWS SFU 'FAVOR OF. '••'•• A?^ _ ••r ••r+?'. '?'?ti+FA ` *?%?i=? • .?jf IV 000 YENICI.E S9UEO V1Nr. 1F. { ?t. 1C 'a. $f.'n SECOND OF: j X I UEf FAVOR OF: ? 'BAN OF A ME RI CA FF. `?? 1= .. >.. 1 •? ?, .'! L` .FORMERLY ATAXI ° ,3 1 sy '`z . t- ?.? • -1f "a' tacOrtdab4M101dar?fa: ;.FIRST LI "J??' `+` parrh0ldar• AELFA9Fd -uPon .uii(aCliOn d IM lira) the .( , .. ?+?t?1 ?•? mwt Iorwaiy.Yrs .TiNe b 1M Burnu d . „} . c /aPPmPriels brm and few frblor VeNGaa DATE ` `• y , r ED.RF.PRESENTA7NE SECOND LII RELEASED Zi :- MokILMADDRESS 031007 _ s • ?r''< .f, °: ``' .:' BANK OF AMERICA' F S B ' AuzRs?l7Arn ".` 180 SHEREE BLVD-' - SUITE 3200 EXTON'PA 19341- 4 t :1 1 y, Y " f+ 'A ? Y ? tie ° of Ma 2".: of VW A .. ibiQ witl.. - - -• oomParly nemOd hemin . m. mwfrn wn;e, - a . ., 'tK1 l'N: S a , ' : , , . + .; , . Secretary of TrIlpodlim 1•??>~'B ...:srai?D Arm swI..:;" . e; Ai '.: .,? ?.?s ... . •.rO?BEftiRE NE`•z,. 35 `??` ' : : : ..Y°*^,. ", MrtlO "ptylev for q7y ' 1s:Y. ^'"% ?'JE'•a1.t;' ;,' _ .s' ;711 B1ee0 Abdo. Ill 60 Mod UiIdard, 011! arya your aPOUae:,al"K, na d? i6 -TaAnb 7n OrMgn :'t y WY A O ',Miil 7MIws wlgj pjyht d. -- «.W o ( daYll ?L pr:;•` 3 " ., `,•C;'K+'=? _ !^ :. r." x Bo Ills W or gyna ..'^'=^-d One q?nee; Otlr yoia • -r t.. !c ' ?'a ;a'a?? d,= •+.t?: r -`?:'" (n Ma ' _ •+ a.Y w ,? .T• R rwyma0".- vS 's Fa { . ti ?,EIGNA OF ' ;`' 't'S r. "n 9Wb,b his Con daaQid as Orfrar, knit 5a p aaatj ewna7: ' _y'»?-.•x,? ''"''?' > .?=x?: PERSON AOMnas7EROAii ^ .?Z - •• lMr hsiis Or OSLM!• ?4-«,.,.i,..: ..'o ,.?; ` r. .} x', r ;YE •;"4r? • :r: er ONTE: ?, x •-' ??r -• ` 1'NOIJEN ' ..:::. :i ?• ?? ?:F'''+'" v. t.,,;x,'? sK7?, Yr r • -IF E L a FIRST L r.. CK BO%.a1 "AME L3•}''4?;: t! ??^y??'yF.Cv See tF-A p( +T .yw .,.' =srT t + '{i... •t4•:" •?.I },p ::? 'k, Y? 4 =V T yy • ;r -- ` Y ., . `5, r?.•.tC.?. ".'•?inw+•_"Ie-,.;- .i V: -?y.,• 'c`y', .G7Y:•> w= °x. w..i?•'Jr fy, ;fin{", '? y.? ?c..I:: iF'k'.'•';e.• _ + .j_?.. (?i? •C-- ?STATE'''+ i' ?Y_«:: yr• Nq J?),•P I`Saa^'?• .C". L1 SC>:,, •.M? .rz. ,, .? '? ."P ?! t':: .T` :. ?. -? - '_? C ?' K •}, vsiyiott0`1M Y+nakta apPacaOOr,,dC.N. ': rM.wr+ic4 ;$ L• • `OATS' *'' ;' - a1FNOUFS1aaJ s car. a Title ro .S,'!E: -?. ?;. •a+a:nbrrcaa and wMr Ipal datmi.at tOM has?r LIENN CHECK_ e 'NAME ••r'" ------------ Mao" low %C21-, V ?tjY%•'i ?,'V: ? OR?AUrur.afe b - 54 :-.wi. • 61GN?TURF OF,gp.?pw?,,y,/' TR[(LE ORAUIMOR¢ED aIC M ; A-. EXHIBIT "B" r ^? ' AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens) MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA X RI, SD, TN, TX (HO), UT, VT, VA, WA, WV (LH), WY X NOTICE OF DEFAULT G RE 'RE E AND RIGHT TO CURE DEFAULT Date of Notice: 05/30/2007 Certified Mail Receipt No. 71067112169000276435 Deborah M. Morton Green Tree Consumer Discount Company 16 Mountainview Terrace 105 Bradford Rd SC III Suite 200 Newville, PA 17241-9022 Wexford, PA 15090 800-643-0202 Account No: 735050940 Creditor: Green Tree Consumer Discount Company Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of: 2 payments past due(plus $20.91 in fees and charges) totaling $447.90. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $447.90, which consists of $426.99 for past due payments and $20.91 for late charges, or by doing the following: NA Creditors rights: If you do not correct your default in the. time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $10,202.59 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of your default or any other defense you may have to acceleration and foreclosure. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This is an at¢er)Wagy64kct a debt and any information t n I I lrtdt% (P'"" P" eteady) e. o.t. of 06&" i 10/04 . C. Signatum W Z O i I( p Agent ? Addressee M ? W Q ¢ D. Is d*. wy addrow d ifeferd from hem t? If YES, sneer deFvery address bel- ? Yes ?NO > C . .? 1 C M -U W (_ ft u- 3. Sefvtcs Type CURTIFIID MAIL Z r- Q W I 4. Resulted Delivery? Xxfya Fee) ? Yea ? Z D M L) F U EL 1. Article Addressed to: W J U I m M D Cc M 33 M z Q I Green Tree Consumer Discount Company O Fn D tL IL _ Tempe III M m C i cr W j Z v o I EXHIBIT "C" _ i PS Form 3811, July 2001 DFM AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens) MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA X RI, SD, TN, TX (HO), UT, VT, VA, WA, WV (LH), WY X NOTICE OF DEFAULT G R£1qr REi' £1 AND RIGHT TO CURE DEFAULT Date of Notice: 05/30/2007 Certified Mail Receipt No. 71067112169000276428 Dale E. Morton Jr Green Tree Consumer Discount Company 16 Mountainview Terrace 105 Bradford Rd SC III Suite 200 Newville, PA 17241-9022 Wexford, PA 15090 800-643-0202 Account No: 735050940 Creditor: Green Tree Consumer Discount Company Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of: 2 payments past due(plus $20.91 in fees and charges) totaling $447.90. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $447.90, which consists of $426.99 for past due payments and $20.91 for late charges, or by doing the following: NA Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $10,202.59 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of your default or any other defense you may have to acceleration and foreclosure. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. Thisis t n?uL?` ` V o l,- Z) a: < C3 w O LIJ CC LL a: cc: a: U d w J CC 2 0 ¢ zEL Uj w cc w 0 a debt and any information 3. service Type CERTIFIED MAIL 4. Restricted Delivery? (Exba Fee) ? Yes 1. Article Addressed to: Addressed to: C. D. Is dsW y eddn di1NnM ft= hNn 1? R YES, order del," address below: S. Date of Delivery 10/04 ? Agwd No v M M _ C/) 0 :V Z r z D D M0 (j) r m > M T 33 Mm 0 mD D me M O z v Green Tree Consumer Discount Company Tempe III 7360 South Kyrene Rd Tempe, AZ 85283-4583 i Los- DFM PS Form 3811, July 2001 Domestic Retum Receipt r• ?W7 Oo _ C Sty rQ ? - 9D a .. :jr ?AC r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, Plaintiff, V. Deborah M. Morton and Dale E. Morton Jr., Defendants CIVIL DIVISION No. 07-6273 PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the above-captioned Complaint in Replevin. Erin P. Dyer, sq 1;W_ Attorney for Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB PA Attorney ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06273 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS MORTON DEBORAH M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he inquiry for the within named DEFENDANT but was unable to locate Him in his bailiwick. He',therefore returns the COMPLAINT - REPLEVIN , the within named DEFENDANT MORTON DEBORAH M a diligent search and NOT FOUND , as to 16 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 ALTHOUGH NUMEROUS ATTEMTPS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION.I Sheriff's Costs: So answers: Docketing 18.00 Service 37.44 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County ? .00 ? 70.44 DYER LAW FIRM 11/27/2007 I Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06273 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS MORTON DEBORAH M ET AL R. Thomas Kline Sheriff or D6puty Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MORTON DALE E JR but was unable to locate Him in his bailiwick. He'therefore returns the COMPLAINT - REPLEVIN , NOT FOUND as to the within named DEFENDANT MORTON DALE E JR 16 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: So answer-,s,----- Docketing Service 6.00 00 . Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County l p'? .00 21.00 DYER LAW FIRM 11/27/2007 Sworn and Subscribed to before me this day of A. D. I SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06273 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS MORTON DEBORAH M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MORTON DEBORAH M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN , the within named DEFENDANT MORTON DEBORAH M NOT FOUND , as to 16 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 34.56 Not Found 5.00 Surcharge 10.00 00 l?inJbp ?.. 67.56 So answerss - R. Th -s Kline Sheriff of Cumberland County DYER LAW FIRM 01/07/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND I CASE NO: 2007-06273 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS MORTON DEBORAH M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MORTON DALE E JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN , the within named DEFENDANT MORTON DALE E JR 16 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. NOT FOUND , as to Sheriff's Costs: So answers- Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 1?D?f/o ? 21.00 DYER LAW FIRM 01/07/2008 Sworn and Subscribed to before me this day of A.D. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to BankAmerica Housing Services, a division of Bank of America FSB, Plaintiff, V. Deborah M. Morton and Dale E. Morton Jr.. CIVIL DIVISION No. 07-6273 Defendants. PRAECIPE TO DISCONTINUE PURSUANT TO PENNSYLVANIA R.C.P. RULE 229 To the Prothonotary: Please discontinue the above-captioned action at the request of Plaintiff, pursuant to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment) owed to plaintiff by Defendants. Respectfully submitted, Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Morton, Deborah & Dale1P2D.wpd ?-., ?..? C1J ? ..._ }_', ? '. .n.]0.+ ,? ?..j1 ....k.„ ... _ j _„ t ? ?? TCM1 v ...a.. t '^? r.. %? ?° SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06273 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS MORTON DEBORAH M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MORTON DEBORAH M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOT FOUND , as to the within named DEFENDANT , MORTON DEBORAH M 16 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 DEFENDANT IS BELIEVED TO BE LIVING IN HALIFAX AREA. Sheriff's Costs: Docketing Service Not Found Surcharge nn g10y/ 08 6- , V So answer 18.00 24.00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County DYER LAW FIRM 04/01/2008 Sworn and Subscribed to before me this day of A. ID. t.' - • CASE NO: 2007-06273 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS MORTON DEBORAH M ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon Mr)DrrnrT T-)AT.T: 7 TP the DEFENDANT , at 1235:00 HOURS, on the ist day of April 2008 at 16 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 by handing to DALE E MORTON JR a true and attested copy of COMPLAINT - REPLEVIN 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 P9- V 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/01/2008 DYER LAW FIRM By: Deputy STi-eriff A. D.