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Home My WebLink About05-3492UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO.04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Bankers Trust Company of California, NA, as Trustee, pursuant to the applicable pooling and servicing agreement and assignment of all servicing rights from UCFC FUNDING CORPORATION, by EMC MORTGAGE CORPORATION as Attorney in Fact 909 Hidden Ridge Dr., Ste. 200 Irving, TX 75038 Plaintiff V. Michelle R. Eck and/or Tenant/Occupant 140 Cranes Gap Rd. Carlisle, PA 17013-3000 (Premises) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 0 S - 3419,?, l.iUtl? l NOTICE TO DEFEND 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. 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociacion De Licenciados Servicio De Referencia E Informacion Legal Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. to whom the debt is owed is as named in the attached document 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center in Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 (856) 669-5400 The name of the creditor Unless you notify us within UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. N0.04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 nleadinas@udren.com Bankers Trust Company of California, NA, as Trustee, pursuant to the applicable pooling and servicing agreement and assignment of all servicing rights from UCFC FUNDING CORPORATION, by EMC MORTGAGE CORPORATION as Attorney in Fact 909 Hidden Ridge Dr., Ste. 20C Irving, TX 75038 Plaintiff V. Michelle R. Eck and/or Tenant/Occupant 140 Cranes Gap Rd. Carlisle, PA,17013-3000 (Premises) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County nn No. OS -.349 CL' L L ? `rl COMPLAINT-CIVIL ACTION 1. The Plaintiff is Bankers Trust Company of California, NA, as Trustee, pursuant to the applicable pooling and servicing agreement and assignment of all servicing rights from UCFC FUNDING CORPORATION, by EMC MORTGAGE CORPORATION as Attorney in Fact, a corporation with a principal place of business address as set forth in the caption, and is authorized and qualified to do business in the Commonwealth of Pennsylvania. 2. The Defendants are Michelle R. Eck and Tenant /Occupant, adult individuals, whose last known address is as set forth in the caption. 3. On or about September 25, 1997, Defendant, Michelle R. Eck, entered into a mobile/Manufactured Home Retail Installment Sale contract, (hereinafter referred to as the Contract") with Carlisle Mobile Homes, Inc., for a 1997 Redman Shadow Ridge 7138, 50' x 28', Mobile/Manufactured Home, Vehicle Identification Number 12230429. A true and correct copy of said Contract is attached hereto as Exhibit "A". 4. By the terms of the Contract, the Plaintiff, and/or an Assignor/predecessor in interest, maintained a security interest in the subject Mobile/Manufactured Home. 5. The Contract was assigned to Plaintiff either by Assignment contained in the Contract, or by a subsequent Assignment, a true and correct copy of which, if applicable, is attached here to as Exhibit "B". 6. Plaintiff's security interest is evidenced by a Commonwealth of Pennsylvania Certificate of Title, a true and correct copy of which is attached hereto as Exhibit "C". 7. The Defendant, pursuant to the terms of the Contract, has defaulted under the Contract by failing to make monthly payments when due as follows: March 5 2005 through July 7. 2005 $2,308.50 Installments @ $461.70 per month: $20.00 Late Charges: TOTAL $2,328.50 8. The subject Mobile/Manufactured Home has a current retail value of approximately $22,317.77. 9. Plaintiff believes, and therefore avers, that Defendants have possession of the subject Mobile/Manufactured Home, and that the Defendants are in default of the Contract and therefore, inter alia, the Plaintiff has the "authority" to obtain possession of the subject mobile/Manufactured Home. 10. The value of the subject mobile/Manufactured Home and the Plaintiff's interest therein will be adversely affected by the continued possession and use by Defendants. 11. Defendants have failed and refused, despite repeated demands by Plaintiff, and despite Defendants' obligations under the Contract, to pay the balance due under the Contract or deliver possession of the subject Mobile/Manufactured Home to the Plaintiff. WHEREFORE, Plaintiff respectfully requests, prays and demands that the Honorable Court grant judgment of replevin and/or possession in its favor and against the Defendants, together with reasonable attorney's fees, interest and costs; Order the Defendants to IMMEDIATELY deliver possession of the subject Mobile/Manufactured Home to the Plaintiff or to IMMEDIATELY reveal the exact whereabouts of the Mobile/Manufactured Home, if applicable, for Plaintiff to take possession by its own means; and that Defendant's failure to comply with this order shall subject Defendants to the risk of appropriate sanctions which may include, but are not limited to: fine; and any and all other relief which this Court deems appropriate and just. Respectfully submitted: UDREN LAW OFFS, P.C. .14 By: Attorney,&5r Plaintiff ,ao. 153700002=9 RETAILOTALLMENT CONTRACT - MANUFA ED HOME FEDERAL TRUTH IN LENDING DISCLOSURE ST MENT NRCHASE AGREEMENT. This Retail installment contract ("Contract') contains the terms and conditions on which Seller is selling, and Buyer is purchasing, the Manufactured Home described below. _ ,_ _ - - - - MEANING OF SOME WORDS. In this Contract, the words "you" and "your" mean anyone signing this Contract as a Buyer. The words "we," "us" and "our" mean Seller or, if Seller assigns (sells) this Contract to it, ' ^ QQuPANIFS FUNDING ING - - -- In this Contract, the words "Manufactured Home" or "Home' mean the manufactured home and_ the additional Appliances, Accessories and Furnishings sold with it (sea Description of the Manufactured Home below). If there Is more than one Buyer, each will be obligated, separately and together, to pay all sums due and to keep all promises made to us In this Contract. This Contract is between Seller and Buyer. All disclosures have been made by Seller. SELLS Name 1195 ARRIS811RG PIKE reel IaI F OFNNCVI yeNiA 27013- Addreaa YOUR MAILING ADDRESS. You promise to advise us of any change of mailing address while this Contract Is in effect After delivery of the Manufactured Home, we should send arty papers or notices concerning the ManufacWn6chased under this Contract to: GAP __.?._.. _ - -,... to AP RD. rr - - -.- Buyer or ryor own aunty - tare _-- - ZIP Code CoBuyar Name Street or Route' 21p - de ty or own unty - - - - state CoBuyer- - ame treat or Dula ry or own uniy -- P o e CoBuyer Name tre or ou fly or own u ate p de 9 OF THE MANUFACTURED HOME. After delivery to you, the Manufactured Home will be at 9 ISLE RI AND WIYI MANIA-_ FQ ty Runty to P de DESCRIPTION OFTHE MANUFACTURED HOME (The Manufactured Home includes the additional Appliances, Accessories and Furnishings.): New 1997 REDMAN SHADOW RIDGE 7138 27139429 5a., -28. -- Item -- AddiBonal AIC Appliances STOVE Accessories and Furnishings REFRIGERATOR - Serial Number -- hem Serial Number -- D/W - ..,,.e,t u..me an:rna nnvaleal Aamana until all amounts you owe us are 0 giv ouch notice. You will ?royiele us vnt the or mat insuranw is toqcared b us including an en T naming us Irse as guer% he trtsltrance 06iage we can get for you gives y more insurancewver-.wean re ulrea oy mta wfly ryL • and will cost $ pu aythor120 s to furnish specific information This insurance she li?irt a anu ectfo me act }or to mc srarjMQ p t-s y about a hnsuran en o a wann quote remums an o so our insurance usinese. It at aazmrv time u fail to uet or keep in force an insurance required by this Contract, we may (but ar8 n9t required to et in urance for ou, at your It at e: fl w0yo et voa tfis Insurance It will he dlral interest InsUrt}r1ce: You atlthgrtze us 1c rgass to thfro par8es any ihfbrma9on necessar? to mohaor the status of InsL ante on your Manufactured Home and to get the Insurance described in this ntract . . Yoree t tat we may earn a fee or commission In connection with placement of any insurance sold in connection with this Contract t0 the extent, n ad by aw. resutta I0 additional costs you for the unex Ired uired Insuf nce on yourtopella0, att°?ursce nse b rll , we Will cremes n8nmleatt nmlrefunds to any lue on this Contract, we wtlf cause to be paid to you UCFI Form MHPA11 (Pennsylvania-Dealer) Page 1 of 5 1308 DRAFT 6 01!19197 ',??'CC,, 15370A01)0C2029 ZA Cr dQ9?.UPrC edit Ie d/or1 to pay the a dl n cost an ,dal /[mount of Bene stated bald penefit 11 decrease across the tern death. It requested and approved, i the n4rnber of onths staf4 belov drsablluy rf the pmeriod of disa Iity exc Type Amount of Benefit Single Credit Life Insurance $ 0.00 (one Buyer) per month Joint Credit We Insurance _ $ 000 (two Buyers) par month Credit Disability Insurance _ $ 0.00 runs Ruvarl per month ??99GOb taCin cre?dtt and w1d /or beEroyTldaldSPU$nless youS gn?thhis aulho MTN i. If requested and approved, ffradR Life Insurafnce will be issued for go not f months, stated below beginn on the eftectiv9 dg of the icy This soda may mnootrtcover the en re fiance due On this ntract a _ e tjeencdltet of nolicv. This Creldit Disability IBnsurrance at may not cover thellen?tire perlodfof Number of Months You Total Your Signature Are Covered Premium I want credit life Insurance _.- 0 $ 0.00 Date Signature - Buyer #1 months I want joint credit life Insurance 0 $ 0.00 Date Signature - Buyer #1 I also want joint credit lite insurance mordhs SI nature - BU fer #2 I want credit disability insurance 0 $ 0.00 Date months Signature - Buyer #1 Amount Financed The amount of credit provided to you or on your behalf. ANNUAL FINANCE PERCENTAGE CHARGE RATE amount the The The cost of your credit credit will cost you. as a yearly rate. 10.250 % $ 59,489.23 w means estimate your Payment Schedule will be: No. of Payments Amount of Pay 239 5408.97 Mc 1 5409.90 other Information: Rater to the renavment in full before the ache $ 41,881.50 When Payments AL "U1 NO V EMBER 5, 197 OCTOBER 5, 2017 of this Contract for date. and orepavmf the Total of Payments Total Sale Price The amount you will have paid The total cost of your purchase attar you have made all on credit, including your scheduled payments. downpayment. of $ 4.930.00 $ 98,150.73 $ 102.780.73 Security: You Oro giving a security Interest in the Manufactured Home and related household goods. _ Late Chaige: Each Ume you fail to make a payment In hull within 0tteen (15) days after it Is due, you will pay a late charge of two percent (2%) of the unpaid amount of the Payment, or five dollars ($5.00), whichever amount is less. Prepayment: It you pay off early, you may be entitled to a refund of part of the Finance Charge. Assumption: Someone buying your Manufactured Home may, subject to conditions, be allowed to assume the remainder of this Contract on Jhe onginal-torms. lormation about security interests, nonpayment, default, any required YOUR RIGHT To REINSTATE. YOU MAY PREPAY ANY AMOUNTS DUE UNDER _ THIS..-_CONTRACT _AT ANY TIME, WITHOUT PENALTY. ...- ____ in .vMno- extra or early Payments yuill not or of on be ma, or we uu,w yrtte ippp t first to SS??np sc rlud t Iv Parf to unsts ?dv w?maxe on your hit f, and lastTO a y unpaid collection co and a?te_charges, ATE CHARGE Each 0 ou taIall to ake a ?ravmeer Gleer/o of the is tter It Is d e you +r ay pmte srge t twos p y In ale motutnt oLL (e a M, ar e ci s $5.00 , whic e unt less a pNy one latg hcR may be col o en Installment no natter how Idng ft remains n efau . Pe ICFI Form MHPA71 (Pennsylvania-Dealer) YuOnU en'rRADEurlry Ynler encu r&C or dtherr clam cis Yea Ira. rendsa that ou are, at t e time of the trade-In, the legal owner of any rroperly trad?d-in. go 2015 Doe DRAFT,8 01114/87 - (40, ISWOU002329 ARBITRATION. Except as explained bebw, you and we understand ,EMIZATION OF AMOUNT FINANCED: and agree that all disputes, claims or controversies from or relating to this I. CASH PRICE 0 _-Q6ntract whether under case law, statutory low, or any other laws iiPt?nquf no-fTmi?d-fd, all contract tort and pro Perry disputes) shall " ) ' .900.0 a. cash sale price $ 45 ?. This ?ontrect is made !vb tratlon - be resaWed by binding arbitration ( b, sales tax $ 0.00 _ pureuant to a transaction in interstate commerce and shall be governed _by the Federal Arbitration Act at 9 U.S.C_ Section 1. Arbitration shall be c. Total Cash Price -- . $ 46.900.00 conducted by one arbitrator selected by us with your consent. You and -we agree that the arbitrator shall have all powers provided by law, and bl d ll l l d h ll i t 2 DOWNPAYMFFFNT a e e a an equi this Contract. These powers s a nclu ega a. cash down payment $ 4,630.00 remedies Includlrrrt?g but not limited to, money damages, declaratory relief and injunctive relief. Judgment upon the arbitrator's decision may be b. Your Trade-in: entered in any court having ludsdictfon. You and we agree and ation to d we choose Arbitration instead of If d t d th t i, trade-In allowance $ 0•? g un ers an a you an _ resolve disputes, except as explained below. You and we understand if. balance due on trade-in $ 0.00 that you and we each have a right to litigate disputes in court, but that t (a net trade-in allowance (amount on line 2bi minus amount on line 2bi) $ 0.00 AL EOI'fWIiER N WAIVEd ANY RHT YO8 WE o . YODU N WHAVEUO AJURY I ARBITRATION OR IN A COURT ACTION BY US. EXCEPTION TO ARBITRATIO • v 01Xif7 rep to Arbitration, we still ur f t % i l li f n ear a orce o o en g. alaawsurt or non u c e re e ?f+ Ud (fili nce due on this Contract i l t th l i . erest, or to otherw se co oo e a a secunty 1Ne may begin a lawsuit to enforce our securi interest, or to obtain a ht or our rlgM to compel our ri d ment without waivin t Model ze en fF g ary ju g g y mone , a fiiin din o a t d i l h di ' 1 a Total Down Payment (amount on line 2a plus amount on line 2b Iii $ 4,830.00 p g spu e or reme y, nc u Arbitration of any ot er counterclaim by ?ou in a lawsuit brougorht by us. You may still use Tudicial al act commit In the ille or Own udicief re lef to it redress f ar . UNPAID BALANCE OF CASH PRICE _ g ty Hof payments under this Contract or In the repossession of the s (amount on line Ic minus amount on line 2c) ,270.00 $ 41 n red H Me. M .. ... unrri r? n? nnv?n. nn ki^T Crnar TLIe INSURANCE PREMIUM COSTS a. Manufactured 0 month term) Insurance b. G(ap l 0 nsumo th tern) $ 0.00 . c. Credit Ufa Insurance ( 0 month term) $ 0.00 _ -"- d. Credit D'rvr onlttytl term) ante $ 0100 ... e. Total of Insurance Premium Costa (sum of amounts on lines 4a through 4d) $ 364.00 AMOUNTS PAID TO OTHERS ON YOUR BEHALF: We may be retaining a portion of the charges set forth below. a. To Public Officials (Title & Flling Fees) $ 2750 . _ b. Other: - $ 0.00 c. Total of Amounts Paid to Others on Your Behalf (sum of amounts an lines So and 5b) $ 2750 PRINCIPAL AMOUNT FINANCED (sum of amounts on lines 3,4e and 5c) $ 41.86150 FINANCE CHARGE $ 66.489.23 nME BALANCE - ,sum of amounts on lines 6 and 7) $ 9&760.73 'REPAID FIN7WCE CHARGE - $( 0.00 ) AMOUNTFINANCED - amount on line 8 minus amount on line 9) $ 98.150.73 PAYMENT SCHEDULE pa meets of $ each, i -- ) u1 a monthly beginn ng 1 payment of $ us on L and Filing Fees (h not financed) $ 0.00 Bye?-?9_? l9I_C date Buyer Buyer Buyer date date " _. _ - -- -- - -- date BUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME OF SIG ING. Buy ?? date Buyer - date -,B er date Buyer _ date . GUARANTEE OF BUYER'S PROMISES. The undersigned ointly nd severally, agree(s) to pay amounts due on this Retail Installment Contract as of today's date and until all amounts due on this Contract are paid in tulL The undersigned also agree(s) to all the terns and conditions of this BR'S AGREEMENT. Seller agrees to this Contract, and, subjectto INSTALLA ptance by 'ED COMPANIES FUNDING. NC. Cosigner: X ptance at Its designated office, assigns it to - Fn COMPANIES FUNDING INC oordance with the assignment set forth herein. Notice of acceptance Is -'COStgner, -X )y waived. - --( 1 (we) read,- . signed,- and a compietely filled in copy of this RETAIL Form MHPA11 (Pennsy"la-Dealer) Page 3 If we send u a "01ma of Default and u riot re ur, default.p the aann r a wnthm t e time pe?fod e° osce, pr i AN etau?an we o0 of nav tol ?e you a OOCe o`? eau e haave ?e r?g i So ?ecl?re?mmed?ate u0 and yw?ntha ant ra &aamnce a ue ni is ontr c o t e eMent ernutt b a ou waive rese em nd.lor payment, pro t, notate o dis?tonor, an no ce of acceleration. OUR RIGHT aTVO REPOSSESS* YpOURRI ?fRIG?HT. TvOOUGEr BACK YOUR 11 He Mreclaret U monai8lm `a ante ylnu Utleiau7t )tlta oe anteue{ an?ih36 pgy tr/Q!Mt ra tp g y ?'yt?,J?u? h g Islp n? entRg` er tb? tL I!{Q'V yq otnef evet?ij tlef It Whi?cU w° t rtI10Y of a godt1s ut Ir an swto us0 sa pIsas?or?Rey?ol?at?ray to move he ollatera ?o?t?ie place o If Pwe r0 08 w als iR take o essicn of an that ro e j `tR4 Ra ? Is to a m an ogsaessron 'or use exmro permt?tedd?Y aPPcag?aIaw. ew, we will sent u wrote notice statin s cal the If w re atL and a amo , ?t°emized i}tat ou e r I1 cal to evert o? d° cure thhe e 0 or recsrem, r??ler we reoorr,,dd?dssessy an `YRo o not a Is rl tmsalor re a ubh)harub may eve, tiwe s vn i bthe Co atera a 5a?e av a og aepawe an. is n?e e de w Ic 1 AsCafi4ie`M9aln aAildres9 secton?O`t 8'8onttracct on ralo aany of era dress which you latergive us in writing. {? BAY 3 gb °Y' ppp R?R?ta rnaaygi: rf efi ? llato a I,?th ??1Y? R all n'c?er?I$o) rte any here1au wicA ria evg0a ant Sexpaneseslto ieteking °repraePring an SKOrFg dPi?e tote kt by aw. We will. ap I the roc e?i9 of an rep ession sale 1) first, tour naea m ?ekn?eq'?I,?Ken(zsto our o r,91 tng r aln nd son e o `r roan t?3 0 our reason a and actual urt n orne ?§ w i h we ve u d?rfntAj e 9 r s on a f en ( to fetch r ?fheerrepeen ? sale e. thhere s su s M unded to you. ere stlrta° anee du us, you must pay H to us. If earna other 11 acio?nece,,s?,yyysar? s?dOjriCic?ertl °°?°r1n oMSnrenseusiu tgr attome??-10 ac? as cO cPao 8erw?v?i'y?,',{,a__re?e olh;r 45 a 10 iuf security Mti and Mly re easae fees; a?ter t?11s°?o°nVac?t Is pai?l I ><u?lo We rreeeesth t ubnn scion f ,%r s to act as ur atl r in-fact for fie pr?g-i'M au on l{?s ?of?i aact ?lalfePo of ton o us 0 ie 0at?$i ? o F 0 RE YOU ak'?tf?Lf? ^rfl?3'b???{I 7r" are P e?thwy8lt v emuewc?r[ic?teyar°kulra0ncesovc?cHLLro?e`vlTe?w?{?v?oure6een[8??oenttneaOOHome, uewi #fodady? havemat I e °u tnF (3) No nacB3 of Uerautt??lJe tloynoi rve to give you NO lce oq ?er{a t _ ;FI Form MHPA11 (Pennsylvania-Dealer) Page 4 of 5 DOS DRAFT 8 01/14197 No. 153700002329 .0 __._-- ,,No. 1537000=29 NOTICE • AY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH niF- DEBTOR COULD ASSERT AGAINST THE SELLER_OESaQODS, OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. SELLER'S ASSIGNMENT AND OBLIGATIONS FOR VALUE RECENED recei t of which is hereby acknowledged, Seller, named herein, hereby sells, 8 s-1gris transfers and sets over unto erelnatter a its successors and as ns, the orego ng a al Installment o ac erem er esc as the n an e, and interest in an to t}ie propery therein described and all monies due and to become due end all rights and remedies under the Contract with power In Assignee to assigpn either in Assignee's own name or In the name of Seller, for Assignee's exclusive benefit, and to take all such legal or other proceedings as Seller might have taken save for this assignment. Acceptance of the Contract by Assignee all occur at its designated office when it issues its check to the Seller(s) as payment for the Contract. A. To Induce Assignee to purohase the Contract Seller warrants that (1) to the best of Seller's knowledge, Buyer(s)' credit statement submitted herewith is true and correct unless otherwise specified In writing; (2) Buyer(s) were of legal age to contract and otherwise legally competent to contract at the time of the execution of the Contract; (3 the Contract arose from the bonQhc?g sale of the property described in the Co act; (4) all signatures on the Contract are genuine; (5)1 Seller has ggood<?ife to the Contract, free and clear of al lens claims and encumbrances and Seller has full power and legal Immediately prior to the execution of the Contract, Sreller had good, Tire to the tv(anufactured Home and any property authority ar assign the CoMracl; (60) or no In 24 C.F.R. asYme an n of the event any of the warranties made by Seller in par agraph A abov tresentations were knowing or intentional and whether or not Asa warranties are breached in any other way, and whether or ni on demand, without recourse, for an amount of cash equal to the whatever rebates would be due to the Buyer(s) on the Contracl unthaw price also shall include an addition sum equal to five maees for Assignee's profit lost on the Contract, which amount paused Assignee by reason of Seller's act(s), the difficulty of proo remedy. further agrees: (t) that in the event that Buyer(s) fail(s) or reh he Manufactured Home Is defective, not as represented to Buy Seller or manufacturer, upon being advised by Assignee of sup a - 9901111FL, I P P F N p R f O I L V T 1 I t I C S A A 3 I L B t N E t F UCFl Form MHPA77 aJyarts) on the L:omract, on expenses, inciudin si wignee shall reassign tl to comply with the feir rovlded however, that _ monNy Installments, Pass 5 of 5 ermined by Assignee to have been false when made, whether or not rlied uppon wir such false representations, or In the event that any of is a default fn payment, Seller shall repurchase the Contract from I due on the Contract computed as of the date of Seller's purchase, uyer(s , o i the date of Seller's purchase, had prepaid the Contract in a i of the balance due on the Contract, as and for Assignee's Id Assignee hereby agree Is reasonable in 11gI t of the antiGpaled or loss, and the inconvenience or nonfeasibllik of otherwise obtaining make any payment due hereunder on the assertion, either oral or Seller, or that Seller has refused to honor any warranty or service of Buyer(s)', Seller will repurchase the Contract from Assignee and It B above and Seller tunnar agrees, and without the necessity of a &S sustained as a result of anv claim or defense Buyer(s) may have on to act 01 the amount owing hereon at any time or times; all pparras of new Buyer(s) for any one or more of the Buyer(s) originally a or other me tions that may be granted or consentedd to by tern sTiall be cumulative and Assignee may exercise any fights or at Seller, against security of Seell?lw or aaamst any combination of it may have; (14) that In the event of default, the Assl¢nee may iy seartty given by any or all of the parties, (151 that the filing of la Buyer(s) shall not release Seller from Slellers obligations or or collection, Seller shall pay Assignee's reasonable attorneys' - >h Init'Ialed by Seller. be?rjjho . r9course aiIIntmaining ???cept as set forth above. laymen of the full amount re unpaid under the Contract whether the Contract shall then be, or not be In default, for the a Buyer(s) on the Contract if Buyer(s), as of t}te date of Seller's repossessed by or on behalf of Assignee Seller ar ese o e condhbn or location of the Mai is rscf Home he Contract, computed as of the date of repurchase with credit ujgr(% as of the date of repurchase, had prepaid tfte Contract of limed to, any court costs and attorneys fees, storage, repair tract to Seller. cohE(Sdns -o1We foreg?ng?u(fF?puichase?Cg?eeinen-t (w-,fish bNqations of Seller shall temtinate hereunder upon payment by ritnin fifteen (15) days of its respective due date. 008 DRAFT S 01/14197 5-37 ?op93a CERTIF DEPARTMENT OF TRANSZPb 117.271 I CAT NATION - - : E OF 1j'LE. FOR q1 t1GL E 98QIIc'OQ{,2Q023Sif-D17E rv 4 :ou> SEAT?gF „? ' 1J3e5/1 mm RATEP? A TIT= MIS-acyy?VrVo$ 1 DDD ETER DISC (...?+axmME??- .rnxaEnrsi ? LDSUR? EXEMPT By fED' i MIC ELLf . R ECK ,ERA( IIIH " ?"_m.MEmw.c FA _ _ EMEMPI {p°M W4rEla 1413 CRAS GAP RD - -- ABC gygE AT -E .CAR #SLE, PA 171313 - - --_-? ?: _ _ 2. ° . V6NKlF WTNf113E UNT \ - - ° dvLF°q FCq a TL? Einar ?. , •' .?, ,?.-..? : _? . ?.-,?-...:'{ °":ate"-- m`?^ . . vrmcw FUN INGCAMPANIES _ _ -" °.nHCF. •. X.R Ar q?N 9Al BBVEH NN INC -m*asnuo g ! - r -;mm Ti ,..." tr . ,. Flgg MUSM ,BY Qvh '_ _ fill brtn q ° b tlY 9ryWl rr Y tll. (V. i. J -, Ala Ve MA°1rgA°pn6S ' ? UNITED CAMPANIES - --'x -^'- FUNDING INC --1 - --- - -------------- 21351 KILL88REW OR .e, ,, ...: ..., SUITE 2S? _- = 8LOONTNGTON OH 55425 °fnM.rOVannwr uh?r xw_.y.:,ir: iii omgo7- ? ? ?` dty - ? """'°w+q,,k_°""a`wa ?vm"anr?•t,?ue";°r°ww°°°o - - -- _ _a_`BRADLI+ ?- , ..?ss,- _RY. O AAE*dl. avw ___,_ _...... • • r •?. rq bra '7'ealpPottetlM - . amnim t _. ? ?T?°v"n°btlr+M9rMpyy?? o?14 "f?a?'wa a'Ima°°'4r?4 oro> ET, .._ B D T MM k4o? MM1m^MgYib far de.8$gq?y... _ - _. .. _ ornu n.nor oEWOL °rM e+'mr. bums deywdo+ner, ._ LETZAATE - _ __ - -. S? 1gulmow R -.. ?xr IF np liEt{aiEgf rp tH PRjmsNmoFAN[T y e F*MWAL rneFr I .. El- gAM _ DP bas.wAlf B4w?Mr?NV ?.??MYIYI M?MM1???'d?erkM??ttIFT10N M1M.pi-..._ ?LmM?EH ?IFnb Llp([; rRgETT 1 ?-- _--_- ..._.c!?lervAE?m,Apq,>cy?14MO _ _ - 1 Flµyv??n N11M.ER - VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsificatio ?.? _Watho ies. Esquire ?9. ?' 4 r m 1 n? r ov? SHERIFF'S RETURN - REGULAR CASE NO: 2005-03492 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS ECK MICHELLE R 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 ECK M the DEFENDANT , at 1726:00 HOURS, on the 12th day of July , 2005 at 140 CRANES GAP RD CARLISLE, PA 170 by handing to MICHELLE a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.00 Affidavit .00 Surcharge 10.00 .00 32.00 Sworn and Subscribed to before By: me this Zj: day of -2vv? A. D. So Answers: R. Thomas Kline 07/13/2005 UDREN LA P4rothonotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-03492 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS ECK MICHELLE R ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: TENANT/OCCUPANT but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOT SERVED , as to the within named DEFENDANT TENANT/OCCUPANT 140 CRANES GAP ROAD CARLISLE, PA 17013 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: So answers: Docketing 6.00 Service 00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 UDREN LAW OFFICES 07/13/2005 Sworn and subscribed to before me this day of pv A D . ` Prothonotary Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q 5 - 3g9,2- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573