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HomeMy WebLinkAbout06-7214UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC 8180 East Kaiser Blvd Anaheim Hills, CA 92808 Plaintiff V. Matthew Cornman Sharon Cornman Tenant/Occupant 203 Conodoguinet Mobile Estates a/k/a 203 CME Newville, PA 17241 (Premises) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland ?Cjounty NO. ? al y (2 IVt?? COMPLAINT-CIVIL ACTION REPLEVIN/REPOSSESSION OF MOBILE/MANUFACTURED HOME 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 Avenue Carlisle, PA 17013 717-249-3166 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 Avenue Carlisle, PA 17013 717-249-3166 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 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 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 (856) 669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC :COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 Plaintiff ::Cumberland County V. NO. ©?o ?l VL Matthew Cornman Sharon Cornman Tenant/Occupant 203 Conodoguinet Mobile Estates a/k/a 203 CME Newville, PA 17241 (Premises) Defendant(s) COMPLAINT-CIVIL ACTION `rte.., 1. The Plaintiff is FCI National Fund II, LLC, 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 Defendant (s) are Matthew Cornman, Sharon Cornman and Tenant/Occupant, adult individual(s), whose last known address is as set forth in the caption. 3. On or about July 24, 1997, Defendant(s), Matthew Cornman and Sharon Cornman, entered into a Mobile/Manufactured Home Retail Installment Sale Contract, (hereinafter referred to as "the Contract") with Nikki Durf, for a used 1989 Skyline Jay, 70' x 141, Mobile/Manufactured Home, Vehicle Identification Number 2J11- 0206Z. 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(s), pursuant to the terms of the Contract, has/have defaulted under the Contract by failing to make monthly payments when due as follows: December 1, 2001 through December 13, 2006 Installments @ $235.85 per month: $14,386.85 Accrued Late Charges: $264.32 TOTAL $14,651.17 8. The subject Mobile/Manufactured Home has a current retail value that is not known at this time. 9. Plaintiff believes, and therefore avers, that Defendant(s) have possession of the subject Mobile/Manufactured Home, and that the Defendant(s) 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 Defendant(s). 11. Defendant (s) 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 Defendant (s) , together with reasonable attorney's fees, interest and costs; Order the Defendant(s) 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 Defendant(s) 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. COUNT II BREACH OF CONTRACT 12. Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1 through 11 hereinabove as if fully set forth at length. 13. Pursuant to the terms and conditions of the Contract, Defendant (s) have defaulted by their failure and refusal to pay installment payments, the sum of which, including, inter alia, other contractual fees, is in excess of $14,651.17 and increasing monthly. 14. At all times material hereto, Plaintiff has fully and satisfactorily conformed to and complied with all terms and conditions required of it under the Contract. 15. Pursuant to the terms and conditions of the Contract, Defendants' default, inter alia, entitles Plaintiff to collect from Defendant (s) , inter alia, all arrears, reasonable attorney fees for the commencement of this legal action, and all other costs incurred in connection with this collection action. 16. Through December 13, 2006, the Defendant (s) owe Plaintiff the following accelerated amount pursuant to the terms and conditions of the Contract: Principal of debt due and unpaid Interest at 12.25% from November 1, 2001 to December 13, 2006 (the per diem interest accruing on this debt is $4.80 and that sum should be added each day after December 14, 2006 Accrued Late Charges Attorneys Fees (anticipated and actual to 10% of principal) TOTAL $14,119.28 $8,966.40 $264.32 $1,411.93 $24,761.93 WHEREFORE, Plaintiff respectfully requests, prays, and demands that the Honorable Court grant judgment in its favor and against the Defendant (s) for an amount in excess of $24,761.93 as set forth in paragraphs 15 and 16 hereinabove, along with any and all ongoing amounts due as set forth in paragraphs 15 and 16 hereinabove; and any and all other relief which the Honorable Court deems appropriate. Respectfully Submitted: UDREN ,OAW JVAP CES , C . By: Ma ren, Esquire t ev for Plaintiff Loan No. 143700000472 I PURCHASE AGREEMENT. purchasing, fits Manufactured " nIING OF SOME WORD! Mrart Seder or. Seiler ri TAIL INSTALLMENT IN I ENDINGCD SC SURE STATEMENT ME FEDERAL TRUTH UTH a'I ment Contract ("Contract") contains the terms and conditions on which Seller is se?i . and Buyer is wribed' tlow. this Contract as a 8uyar The words'Vve," "a' and Cothe words ' ou"'and ur"' ittean a one In this Convect, the words "Manufectured M800 nvact to it" Jn11Bd rn enles ut1dm (sae DescnpIrn of the ang. ?.a r,er.w and' the a dttlan .P] 0 Ap _ .:.,a to o a sums it e d io keep all promises innm;f SELLER i NsMG Andrus wise to, advise us af t shy shartgscif ling" address while this Convact is in sMect 4 YOUR MAILING ADDRESS. You pro notices concerning the Manufactured Home purchased under this Contract IM Manufactured Home, we should send any papers or 20 Buyer MATTHMM N Street or eats Name PENN?r VANIA CUMBERLANOM cram ?iry or WE CoBuyer SHARON CON MAN Name ue!WVir r F Cosuyer County . '203'CME 7 Veal or CUMBERl.ANd- County - N VN unry •ry or own CoBuyer ., reef or. auto ante State County '; w "?::;t ry or Town LOCATION OF THE MANUFACTURED "ONE. After delivery to,You, the Manufactured Home will be y, Name 0 ark o1 ark Street or Route "?+U.? T S1ata p .`- county DESCRIPTION OF THE MANUFACTURER HOME (The Manuteictured Home9nckldss the addldonaf Appdances, Acceasorlaa and furnishings.): 2J1.1-OZ09Z ? Len .es 9"LINE JAY, etii neAuraft 14 ^•• --- MOO61 NafT1B-xnu muum nv. ear Manufacturer's Name tl No. Iterrl? Serial Number -- Used Itern „ -- Serial Humber- Addl0onal DISHWASHER t 1 Apposnwa REFRIGERATOR Accessories and FwnisMnEsA'C PROPERTY DAMAGE INSURANCE REf1U1REb: You must Insure tip Mai}uf Oft °Home agairrat physical damage urgN ail arrrounthslgYou OW's us are paid in full. This Insurance must be in an rats and, types acneptAb4e to. us i Manufactured Home is to be transported o the Federal CoEm you must must hat has bow have gem deductible trip insurance special cod azar, Name stto+b d Aniu in an Yo tmust pay for anyi insurance required by ? Management ent Agency es an area having fhsurar?ae company anthottzed'`1o"1 iw'aet:-biWriew in Pennsylvania. rom any, In flood hazardds yo authar i l flo- -;'tsursrx You also may pro vide Insurance with a potty you already own. However, if you 9 the requ You may p ith ass this insurance from any, of the required Insurance on Ear. own, the insurance must indude (1) depu cb np s and endoraements acceptable to us; (2) provislons that coveraggeess wld not be.caramod or ietled vrldtout at toast Nit (10) days' , notice other to Lic, krstxartc and (3) moat not include any disclaimer of the insusc s Oabf<ily for failure to give such nYou will provide us with the original us P to as the party proof satisfactory to us of the insurance come", togetltor wNh all andors"Pts; required by us, includin an endorsement nannin ou more types of whom all losses will be paid. If your est,.we. obteln:Insurance for you. The insurance. coverage we can gal for y gives y Insurance coverage than requbeO b thisntrkL 7124197 and will ooaf S 197.00 You authorize us to furnish This specific shall be in effect for about ' tot4 l4i-armonths wfactonthsured starting a who may wan to q pre tns and to solicit your insurance Home ny lnsurence? agen' fic Information about riot required ID) get insurance for you, at your business. It at any time you lad to get or keep in lone any insurance required by this Contract, we may {but are n rnon necessary to monitor expense. if we get you this insurance it will be dual interest insurance. Insurance desc?ribed'In this release Contract. third parties any the status of insurance on your Manufactured Horne.a nd to get the You agree that we may earn a tss or commission in connection with placen*nt of any Insurance sold in connection with this Contract to the extent parrnatad by law. It any insurance we get for you is carrcadad by the Insurance ttompaany a ,r plaepment,a?sod arty requlked inrmu roan a your balre you tt atr ythe our .xp rms period and If of fife original a sums due on we wW'r tract, iiii; fical request, cancallatlon, the.inaurance will remain in effect until the scheduled expiration you date. prepay the sums due on this l onrac. required., ir?surano d., ins ant by rchasod,fln your behalf. we will credit arty ndum refunds to any it we canoe) N your requ estanyre4e coon ttaY Ru . matured unpaid installments due on this Contract:, n there are,no matured.unpoiainstalknwtts then due on this Contract, we will cause to be pal to you those premium refunds. pa DRAFT $ 01114197 Pegs 1JOt'b UCFI Form MHPA12 (PannsYNanla'Private Sate) 0 After delivery of the f Loan No. 143700000472 CREDIT INSURANCE AUTHORIZATION. WE DO NOT REQUIRE: YOU TO GET CREDIT LIFE and/or CREDIT DISABILITY INSURANCE WITH THIS CONTRACT. Credit Ufe and/or Credit Disability insurance are'f of rettulrgd to obtpin.credit and will not be provided unless you sign this authorization, agree to pay the addftlonal cost, and your application for insurance Wapproved Irrequesled and.approved, Credit I.Be Insurance will be issued for the initial Amount of Benefit, stated below. and will be in effect for ?4 jQ`.tt$r pf? ??1obhthe, slated below, beginning on the effective dale of the pokey. This benefit will decrease across the term of your Contrac4 This f2tafrlit?l)Ne`itt9gritt;8Fi.not cover the entire balance due on this Contract at the time of death. If requested and approved, Crom DlealMyt InsiuranceW?ItI"kf?` liad?'?r"t nibotWY Amount of BsnaK staled below, and will be in effect for the number of months, stated below, beginning on the offecliive. date of the policy ° This Credit Disability Insurance may not cover the entire period of disability it the period of disability exceeds the term of the coverage. z + Number at Type Amount of Mordha You Total i Your Signature Benefit Are Covered um Prem Single Credit Life I want credit ills insurance Insurance $ 0.00 0 $ 'b.00 (one Buyer) per month months Signature - Buyer *i Date 'I want joint credit We insurance Joint Credit Life Insurance S 0.00 0 $ (two Buyers) per month months 'Signature Buyer #1 Date I`also want joint credit kfe insurance j S atu(e -,;Buyer e2 Date r;'; is ,#Jwantcredit,disablIyInsurance Credit Disability ??Dr00? " 1W, Insurance $ 0.00 (one Buyer) per month - months _ `,signature - Buyer 01 Date ANNUAL FINANCE A nwn Fthanced '.r6W of Poymetnts T(* Sale Puce PERCENTAGE CHARGE The arrioiiitt bf cr'4i I The aritotlyd you will have paid The total coat of your purchase RATE T4 dollar amount the ' provided to you,or on ajter you have made all on credit, Including your The coal of your credit credit will cost you.. your behalf: ac'Fieduled"payments. downpayment of as a yearly rate. _ _ 111 1,97300 12.230 °r6 11 /t,208.54 $ 17,751.50 $ 33,9111.04 $ 35,834.04 "e" means estimate Securlty You are giving a security interest in the Manufactured Home Your Payment Schedule will be: and related household goods. IAte t largst Each time you tell to mo4o a payment M full within fllleen No. of Payments Amount of Payments I When Payments Are Due (15) days after it Is due, you will pay a late charge of two percent (2%) 143 $23585 ly, bsgbtrting SEPTEMBEI$` 1:,.19e7' of -the unpaid amount of the payntertl, or five d are (115.00), 1 $234.49 AUGUST 1,,2M, whicl)eVet.arrwunt is leas. i f lhopuymertE,if you.pay off early, you may be entitled to a refund of I partV the Finance Charge. i As M*Uon:r buying your N(anufsctunad Nome may, subject io cons, be allowed to resume the remainder of this Contract on . ?t?Aal terms. , Oiler Information: Rehr to thevest. of this Contract for afr raddillond-Intomtetlofr about security interests, nonpayment, default any required recavment in full before the scheduled date, and prepayment refuff . and peo IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS,i,'YOU " LAT- 9 CHARGE. Each tirne you fall to make a payment in full within 15 MAY LOSE YOUR HOUSE, THE PROPERTY THAT YOU VOLIGHT dalitt.afler it, is due. you will pay a late charge of two percent (27K) of the WITH THIS LOAN, OTHER HOUSEH= GOODS AND'..FURNCNRE; unp"t wriount of the payment, or We dollars ($6.00), whichever amount b i? ONy one late cnarga be collected on any Installment no YOUR MOTOR VEHICLE, YOUR MANUFACTURED HOME, OR matter how long It remains in def? MONEY' YOUR'RIGHT TO PREPAY; YOUR RIGHT TO REFUNDS AND CREDITS; ASSwUMPTION. Someone buying jour Manufactured Home 'maV YOUR RIGHT TO REINSTATE. W,Itraclton arlrruil -terms be assume the remainder of this YOU MAY PREPAY ANY AMOUNTS DUE G PROMISE TO PAY: ay us the Total Sa for the orfua UNDER THIS CONTRACT AT ANY TIME, Me YFM M, rd, and Itmayi 'U ; ' WITHOUT PENALTY. the ofal 91. 1 .4p -;i OOe LMAr I a e11141V/ UCFI Form MHPA12 (Pennsylvania-Private Sate) Loan Mo, 143700000472 ARI&RATION Except Be explained below, you and we understand rTEMIZATION OF AMOUNT FINANCED: And'4gree that s1 disputes, claims or controversies from or relating to this 1. CASH PRICE: -Cohlract (whether under case law, statutory law, or an other laws InCl0149, but not lirl'tlled to, all contract, tort and property disputes) shah a. cash sate price S 19.600.00 _ be?:resolvad by. binding arbitralm ("Arbitration"). This Contrail i9 made b. sales tax , $ 0.00 utausm to Ctninsecctieon in Interstate commerce and shelf be governed 9 00 ! Federal=Arbitrstlon Act at 9 U.S".C. Section 1. Arbitration shah be pnducted I* one arbitrator selected by us with your consent You and a Total Cash Price 19,601L 1973:00' we ages Ihattfte arbitrator eclat have all powers provided by law, and 2. OOWNPAYMENT (cash downpaymsM) $ tn- Contract. These lowers shall nxiud• as legal and equitable remedies Including, but not Iimiled to, money damages, declaratory relief 3. UNPAID BALANCE OF CASH PRICE 17.627.00, anq injunctive ?alet. .lodgment upon the arbitrator's decision may be (amount on line +C minus amount on line 2) $ entered in any court having jurisdiction. You end we and 4. INSURANCE PREMIUM COSTS understand I tat you and we chOOae Arbitration instead of II gefion to resolve disputes, except as explained below. You and we understand a Manufactured FlorrN Insurance that,yau and'we each have a right to 11"als disputes in court, but that 0 month term} $ 197.00 you and;vvs each prefer to resolve disputes through Arbitration, M Wise b. Gap Insurance explaned below: YOU AND WE 1VOLWITARILY AND KNONrINtiLY 0.00 WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIICEE ITHER ON TO ( 0 month term) $ ARBITRATION' OR IN A COURT ACTION BY US. PTI C. Credit Life Insurance ARBITRATION:: Even though you and we aag?nress?to Arbitration, we still ( 0 month term) $ 0.00 rnay; `uee-Judicial (111ng a lawsull) or nonjudkiel refief to enforce our security irtlerest, or to otharvviee collect the balance due on this Contract (t iy bon a lawsuit to enforce our security Interest, or to obtain a d. Credit Otsebility Iristuanae judrne4 Without walling your right or our rig ht to the fiefs o a ( 0 month term) $ 0.00 y., . pion Of' any 'other ttNpute or remedy, Including broug ht by us. You may still use ludidal y in a kwsult s [tonjudidal ` to seek redress for any ftgd act committed in the e. Total of Insurance Premium Costs 197.Oiti ° Cdlleixiomof p under tltlt Contract or in the repossession of the is (sum of amounts on fines 4a though 4d} . $ uf me. 5. AMOUNTS PAID TO OTHERS ON YOUR BEHALF: DO NOT SIGN THIS IL To Pubic Officials NETlCE TO THE BUYER: (Title 8, Fling Fees) $ 27? CONTRACT IF BLANK YOU ARE ENTITLED b Other $ 0.00 ' TO Aft EXACT COPY OF THE CONTRACT c. Total of all Amounts Paid to Others on Your Behalf $ 27A10 YOU STN. KEEP IT TO PROTECT YOUR (sum of amounts on lines Sa aid 5b) LEGAL RIGHTS. S. PRINCIPAL AMOUNT FINANCED +7.751.60` Buyer date (sum of amounts on Anal 3, 4e and 5c) $ e -ly 7. FINANCE CHARGE $ 19,209.6A Buyer . date 8. TIME BALANCE $ 33.9et.64 (sum of amounts on Ines 0 and 7) date 9. PREPAID FINANCE CHARGE $( 0.00 ) to. AMOUNT FINANCED YER ACKNOWLEDGES RECEIPT OF A ETED (araunt on line 8 minus amount on One 9) $ 3% 1.04 PI COPY OF THIS CONTRACT AT 1. T1 E OF SIGNING. 1+. PAY 14 P MENT SCHEDULE LLE 9aCh a t Y date (t p ?aymem of $ inM EP1 EMBER 1?9 1,.,20P1 ' !1/!'f <1? date ST Buyer Title and Filing Fees $ date dyer SELLER'S AGREEMENT. Each person sign.Ing below as a "SaW agrees, dyer data separately and together, to the trm a andloondhions,of Oft ReteilingtaAtnent undersigned, jointly and Contract with Buyer(s) and, subject to United Comoanlss FOndtt*,, Anc.'s GUARANTEE OF BUYER'S PROMISES. The , acceptance at Its designated office, assigns (sells) it to UMted Companies severally, agree(s) to pay amounts due on this Reid InsQalr»ertt Contract Comparrlw under F the lardfnheading " . as; of today's.,dow and until all arno4nts due on this Contract are paid in "FundsSeller Inc. under d the teendrns Promo and ws to to 1fMted Co tin s d set forth a 'sAsslgnmeM g,'Ina loth Tlte,urtderslgnsd also agree(s) to ate the terms and conditions of this Retailtnslal mwt Contract. J? Seller .+ i GateI (we) reed, signed, and y lyed , a, completely filled in copy of this RETAIL Seller date . ?e: .e, ?FNSTALLMENT CONTRACT. date, '- Seller Cosigner X + + Seller date r . . ' . ` gner: X i pltlt?rAlGaER OF Wj1R.,M.?,.?5 , NO WARRANTIES, EXPRESS OR IMPLIED, OR FOR MERCNANTA8JUTY, PrTNES9 FOR A PARTICULAR PURPOSE, OR OTHERWISE, HAVE BEEN MADE BY US ABOUT THE COLLATERAL YOVACKpOWL•EDGE NAVING EXAMINED THE COLLATERAL, AND, IF IT IS USED, ACCEPT THE COLLATERAL "AS IS." THIS DISCLAIMER:OOES NOT ApFECT ANY YifAgA14TIfS EOVERiNG THE MANUFACTURED D HOME WHICH MAY BE PROVIDED BY THE MANUFACTURER OR WHIC H ARE REQUIRED UNDER, STATE LAW. UCFI Form MHPA12 (Pennsylverda-Prlvda Sale) 'Page 3 of 6 DOS DRAFT 9 01114197 Coen No. 143700000472 We mree th t=w=in tpheme u,,?rPPi?n° am or w =w= de p- aid by you under tstOVA i e u nteM ' w" '- W yw uWrtr?t to ro n r au t. u ?rdpu re1e 1°o6rne or R Ot a ? a?Ce9 OCC4f? Or rilri th6 p vW hg one ygQC per Vl3 a dy have r r UCFI Form MHPA12 {Pennsylvanh-Private Sale) y , ? F Y rs- .,. amwv. to orotW our k4 4 46, , D09 DRAFT $ 01114197 1 ]fib h Lean Mo. 1#3700000472 SELLER'3'ASSIGNMENT AND PROMISES TO UNITED COMPANIES- FUNDINOcINC. The Retail Installment Contract which begins on page one (called the "Contract" In the agreement which follows) Is for the WAS of a Manufactured Home The Seller(s) and the B {?) of the Manuleature&Hame and other related properly are idertliNed on page one, near tie top Companies Funding, Inc fide and other related property. of the pale. By signing the Conrad wdh the Buyers ,the Seller(s) a assign (the Contrail to United conditions: as "UCFI' in the agreement which follows). This assignment (aate).to UC _ .ia sull(ect to the following terms and ons: nmentof the A lamas of the Contract by UCFl $hog occur at it, designated office when R issues Hs check to the Seller(s) as payment for the ?9 Contract UCFl will pay the Seller(s) the amount shown in the,.ltemisadon of Rmount Finrtr?ced at `3. Unpaid Balance of Cash Price;' leas any amounb which must be paid to satisfy any Items, claims: or encumbrances ageinst'the Manufadured Home-and other related property. B. sew(s) agrees and promises UCFI that (1xa) upon atoceptance of the Contract by UCFI, the Contract 6ebngs to UCFI end UCFI will have all of the Seller(s)' rights against and obbMMgqatbns to the Buyer(s) as provided m the Contract (b) the Sotler(a) shall not, under +lnY circumetantes, accept money from the Buyer(s) on behalf of UCFI (c) N Seller does receive anY RaymeMs kom'Buyer Soler ww?B hold those payments in trust for UCFI and promptly forward those ayrrents to UCFI, (d) the Seller(s) shelf not, In tuty.waY retease1he r(s), from airy o attlons UCfl, (e) UCFI shelf noity the Buyer(s) that the Buyers) obligation after the sale of the Contract are to UCFI, d+d (f) the r(s) w8 irk n ? sand the Selatio j erosme Buyer(s) about the Manufactured Horns, any property purohased_with It an or the?Contract; (C2o) from the bons tide sale of the described in the Contract; (3) art "nature" ,dn the ntract are genuine: W(4)at (a, *ne t Contract, s rwh the Convect, the Seller(s) had goodPrtiie to the Manufactured Home' and any P?op?ty sold with It. (5) at the time the Manufactured Home and arty property odd with it were tree snd deaf. of any, hens, encumbrances or any other claims o any sort; a Manufactured Home Certificate of TO showing a lien or encumbrances M favor :of UCFI has' n or will be applied for promptly; (7) Seller() had 9good tile to the the Contract to UCFI; 8) Contract, free and dear of sly lions, claims and enctambranoes, And the,Sare44 as full power and IegM authority to assign (self, d,no put of the downpayment, if any, was loaned, dkec?r or Indirectly, the Buyer(s)' downpaymeM, N any, was made fn cosh unless otharwis4 8p by the Soler(s) to the Buyer(s); (9) the eafi@d9 _ shown in the box labeled "Toed of P nb" and the Buyer(s) has re is now owing under the Contract3tte no setoffs, counterclaim s or defenses against any emourhe due of to' become due uncte? thelCiIntract; and (10) N the s) tell(s) or refuse(s) to make any payments due to UCFI because of any dairn, eilher•oral-or written that the Menufactured;Horre or any otlrer 40=(9), sold with h is detective, or not as represented by the Seller(s) or that the Soller(s} retuae(a);to horar, arty warranty or service agreement made by the Seller(s) shall repurchase the Contract according to the terms provided , paragraph C balloon ;,f }?? Y. ^ broken or are determined by UCFI to Seri C. In the event any of the agreenrionls orprOrnh . maae'oy-".me; have been false when made, weather or not`dellberr.2,1 or R1irtid' . asserts a claim or right against UCFl relating„ directy(or Ind( directly or i the Seller(s) shat ppaY ;UCFl, n dams rat fr!tou Contract, withi=th for any unearned Rnance Chafge;and arty?}rneatttel ) UCFI, plus (2) any sxpensee or iabiAdea irx d CF-1 as a result q(tire; attorneys' lase, cisbursenwis, court coals a ated,axpsnsrdr f( t1CF( agreement, or to dalend itself against arty clalina asserted aa?net It bV cosh and related expenses. Paynwnt und?sr•'tfis tenths ilisf;hfs paragr sums due under this paragraph C, UCFI shalt reassign (sell baits the Contra D. The seller(s) agrees that: (1) UCFl.ney, but lie riot required. to terra rights under this agreement without bel any. oTtlterri: (3J ait?I?ntaiVfir by,tl weaver is in writing and signer! by UCFI?(4 ' lf'.rrare than orte.3eller s>!)ns:l without waiving it as to the other(sk (3) UC i ;need not give arryone n0ltiTccss c the Manufactured Horne or In any other proparty,puichased uite(er Oils Go purchased under this Contract, release o Its lien or 9rantitrg®nsiorie of: or keep any other promise under this 29reernent.(7) NSA I gr ?e(ttent Is,the E (8) UCFI mayy, at its sole option, change the teens of the. Contract as ltpli any subsbtutfon of new Buyer(s) for arty one or moro of:the Btfyr?r(ej o the Contrail Rate of Interest or tan, of. paytnertt and.eny ;, ell UCFI'o rights and remedies awry Buyel(e), any Setter(s)` r amyrA without releasing any of fts rlgend remedlea; (10).tJFisd , ° alto tc this t; 01) the iilrtg of a n under ilia united eaaluuf Sailer e) from any obllgation or tia? under. We agreemerttF,?12)31kk is successors in Intarest of both the Seller(s) and UCFI;_,and (134- I YSi4s grap,s ,B(i) - (10) above are ether or? not': UCFI relied on any such No promises, or d anyone ach,clskn arises from any act, slatament or Mission of the Seller(s), t egtid!to. (1 all amounts due UCFI from the Buyer(s) under the prremiurtts, all tabulated as of the date of the Seller(s)' pa "nit to 'Wmtses, whether paid or unpaid, Including but rat IlmIted to UCFI s et(orney >Q enforce against the Seller(s) any of its rights under this le1101.a10o agrees to pay UCFI's attorneys' lees, disbursements, court matte whether or not any lawsuits we started. Upon payment of all Ba**s);togsew with any of Its relied rights and obligations, ors In the Contract: (2) UCFI can waive or delay enforcing any of its rights under this agreement Is enforceable by the Seller(s) only If the item,. UCFI can waive or delay enforcing the right as to one Seller sr, delay or release: (e} UCFI's taiure to pentad Its security Interest in are o keep insured the Manufactured Home or any other proper 8 kyment shag not snail the Seller(s)' obigdon to make any paymiert t: between Seller(s) and UCFI and k cannot be changed orally, ®ri VW`not limited to any addition of now Buyer(s) to the contract or ttte contract, additions to or substitutions of collateral, or changes In release. the Seller(s) from any c)bdg&Wm under this agreement; (9) _erdorced in any combination or M any order as UCH sees fit s ere) prior notice to enforce or oterdes any of UCFI's rights under sbhallvaase-lo and bind gal re the heirs, ase and land presentment for payment, notice of nonpayment and notice of r protest of this Instrument. scl a y 7 per ' '+r?-, t Pay to the a'der a[g?I?'$Tn1aColnp4' of a or fTUtstee California, N.A., as cutlitodian k A; under the applicIlIhle custodial or trust < MBP agreement, without recourse. HEW UNIT D COMPA ;F NDING, ` -: SAT, .. BY: COA>Mi4N Name: Brandt Ra 497 PA . 143700000472 Assistant sybu , 1{72 Title:. UCFI Form MMPA12 (PennsyWards-Prlvate Sale) Pail 6 of 5 . Dos DRAFT & 01114197 Recording Requested by and Return to: Tracking #1: 0005776489 Tracking #2: TP5013 PA ASSIGNMENT OF MORTGAGE Know that EMC MORTGAGE CORPORATION, a Delaware corporation with a business address of 2780 Lake Vista Drive, Lewisville, TX 75067, "Assignor", for value received and other good and valuable consideration paid by FCI NATIONAL FUND 11, LLC, a limited liability corporation, whose address is 8180 E. Kaiser Boulevard, Anaheim Hills, CA 92808, "Assignee". the receipt and sufficiency of which is hereby acknowledged, the Assignor does hereby grant,, bargain, sell, assign, transfer and convey unto the Assignee the following described MORTGAGE, duly recorded in the office of real property records in the County of CUMBERLAND, State of PENNSYLVANIA, together with the indebtedness or obligation described in said instrument, and the monies due and to grow due thereon with the interest, as follows: MORTGAGOR/TRUSTOR: MATTHEW CORNMAN AND SHARON CORNMA_N MORTGAGEEBENEFICARY: UNITED COMPANIES FUNDING, INC. DATE OF MORTGAGE/DEED OF TRUST: AMOUNT: $17,751.50 RECORDED: DATE VOLUMEBOOK PAGE/FOLIO INSTRUMENT # PROPERTY ADDRESS: 203 CME, NEWVILLE, PA 17241 The undersigned hereby certifies that the precise Address of Assignee is: 8180 E. Kaiser Boulevard Anaheim Hills, CA 92808 By: To have and to hold the same unto the Assignee, and to the successors, legal representatives and assigns of the Assignee forever. This Assignment is made without recourse to Assignor and without representation or warranty by Assignor, express or implied. IN WITNESS WHEREOF, the Assignor has hereunto set its hand this 24th day of October, 2005, but effective this 21st day of October, 2005. In Presen a of: , qnQL? Witness : M. Mojar /viler Witness 2: D. Graves EMC MORTGAGE CORPORATION By: State of NEW JERSEY County of MIDDLESEX Catherine C. F Its: Senior Vice Pt The undersigned, a notary public in and for above-said County and State, does hereby acknowledge that Catherine C. Fetner, Senior Vice President for EMC MORTGAGE CORPORATION personally appeared before me this day, and being by me duly sworn, says that s/he, being informed of the contents, voluntarily executed the foregoing and annexed instrument for and on behalf of such entity. WITNESS my hand and official seal, this 24th day of October, 2005. My Commission Expires: 07/18/06 Marileen D. Bradley Notary Public, State of New Jersey No. 2277086 Qualified in Middlesex County Commission Expires July 18, 2006 /? - bA Notary Public: Ma Teen D. Bradley r aaYA?Py?ta R+ rrr.r..? _J ;i' EERS?y? This document was prepared by Marileen D. Bradley, Hanover Capital Partners Ltd. Post Office BOX 3980, Edison, NJ 08818-3980 - Phone: (732) 393-3033 Fax: (732) 572-5959 Tracking #1: 0005776489 Tracking #2: TP5013 PA Recording Requested by and Return to: Tracking #1: 0005776489 Tracking #2: InvsumTP5013 PA ASSIGNMENT OF MORTGAGE Know that BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE, with a business address of c/o EMC Mortgage Corporation, 2780 Lake Vista Drive, Lewisville, TX 75067, "Assignor", for value received and other good and valuable consideration paid by EMC MORTGAGE CORPORATION, a Delaware corporation, whose address is 2780 Lake Vista Drive, Lewisville, TX 75067, "Assignee", the receipt and sufficiency of which is hereby acknowledged, the Assignor does hereby grant, bargain, sell, assign, transfer and convey unto the Assignee the following described MORTGAGE, duly recorded in the office of real property records in the County of CUMBERLAND, State of PENNSYLVANIA, together with the indebtedness or obligation described in said instrument, and the monies due and to grow due thereon with the interest, as follows: MORTGAGOR/TRUSTOR: MATTHEW CORNMAN AND SHARON CORNMAN MORTGAGEEBENEFICARY: UNITED COMPANIES FUNDING, INC. DATE OF MORTGAGE/DEED OF TRUST: AMOUNT: $17,751.50 RECORDED: DATE VOLUME/BOOK PAGE/FOLIO INSTRUMENT # PROPERTY ADDRESS: 203 CME, NEWVILLE, PA 17241 The undersigned hereby certifies that the precise Address of Assignee is: 2780 Lake Vista Drive Lewisville, TX 75067 By: To have and to hold the same unto the Assignee, and to the successors, legal representatives and assigns of the Assignee forever. This Assignment is made without recourse to Assignor and without representation or warranty by Assignor, express or implied. IN WITNESS WHEREOF, the Assignor has hereunto set its hand this 31st day of October, 2005, but effective this In Presence of: Witness 1: D. Graves I - ba& Witness 2: M. Bradley BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE By Its Attorney-in-Fact EMC Mortgage Corporation By: C'L Catherine C. tner Its: Senior Vice President Power of Attorney recorded on 8/15/01 in Allegheny County, PA in Book PAV0359 at Page 041 State of NEW JERSEY County of UNION The undersigned, a notary public in and for above-said County and State, does hereby acknowledge that Catherine C. Fetner, Senior Vice President of EMC Mortgage Corporation who is named Attorney-in-Fact for BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE (According to a Power of Attorney), personally appeared before me this day, and being by me duly sworn, says that s/he is the authorized Attorney-in-Fact for BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE (According to a Power of Attorney), being informed of the contents, voluntarily executed the foregoing and annexed instrument for and on behalf of such entity. WITNESS my hand and official seal, this 31st day of October, 2005. My Commission Expires: 12/18/07 Michele R. Molar Notary Public, State of New Jersey No. 2295120 Qualified in Union County Commission Expires December 18, 2007 //L Notary Public Michele . Mojar C. R. Mo ? ?pTA'?? ? ?o ?,`AUB LAG ? . JERg? This document was prepared by Marileen D. Bradley, Hanover Capital Partners Ltd. Post Office BOX 3980, Edison, NJ 08818-3980 - Phone: (732) 393-3033 Fax: (732) 572-5959 Tracking #1: 0005776489 Tracking #2: InvsumTP5013 PA Recording Requested by and Return to: Tracking #1: 0005776489 Tracking #2: InvsumTP5013 PA ASSIGNMENT OF MORTGAGE Know that UNITED COMPANIES FUNDING, INC., with a business address of c/o EMC Mortgage Corporation, 2780 Lake Vista Drive, Lewisville, TX 75067, "Assignor", for value received and other good and valuable consideration paid by BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE, a corporation, whose address is c/o EMC Mortgage Corporation, 2780 Lake Vista Driv, Lewisville, TX 75067, "Assignee", the receipt and sufficiency of which is hereby acknowledged, the Assignor does hereby grant, bargain, sell, assign, transfer and convey unto the Assignee the following described MORTGAGE, duly recorded in the office of real property records in the County of CUMBERLAND, State of PENNSYLVANIA, together with the indebtedness or obligation described in said instrument, and the monies due and to grow due thereon with the interest, as follows: MORTGAGOR/TRUSTOR: MATTHEW CORNMAN AND SHARON CORNMAN MORTGAGEEBENEFICARY: UNITED COMPANIES FUNDING, INC. DATE OF MORTGAGE/DEED OF TRUST: AMOUNT: $17,751.50 RECORDED: DATE VOLUME/BOOK PAGE/FOLIO INSTRUMENT # PROPERTY ADDRESS: 203 CME, NEWVILLE, PA 17241 The undersigned hereby certifies that the precise Address of Assignee is: c/o EMC Mortgage Corporation, 2780 Lake Vista Driv n Lewisville, TX 75067 By: l To have and to hold the same unto the Assignee, and to the successors, legal representatives and assigns of the Assignee forever. This Assignment is made without recourse to Assignor and without representation or warranty by Assignor, express or implied. IN WITNESS WHEREOF, the Assignor has hereunto set its hand this 31 st day of October, 2005, but effective this In Presence of: J? Witness 1: D. Graves Witness 2: M. Mojar State of NEW RSEY UNITED COMPANIES FUNDING, INC. By Its Attorney- in-Fact EMC Mortgage Corporation By: Catherine C ridrent Its: Senior Vic Pr Power of Attorney recorded on 5/9/03 in Beaver County, PA as Instrument #3165859 County of MIDDLESEX The undersigned, a notary public in and for above-said County and State, does hereby acknowledge that Catherine C. Fetner, Senior Vice President of EMC Mortgage Corporation who is named Attorney-in-Fact for UNITED COMPANIES FUNDING, INC. (According to a Power of Attorney), personally appeared before me this day, and being by me duly sworn, says that s/he is the authorized Attorney-in-Fact for UNITED COMPANIES FUNDING, INC. (According to a Power of Attorney), being informed of the contents, voluntarily executed the foregoing and annexed instrument for and on behalf of such entity. WITNESS my hand and official seal, this 31st day of October, 2005. My Commission Expires: 07/18/06 Marileen D. Bradley Notary Public, State of New Jersey Notary Public: Marileen D. Bradley No. 2277086 e? Qualified in Middlesex County t?w+ D. Commission Expires July 18, 2006 ?'?? ?ptA,p` oir++ %N'?t/gl1G y ? JERS? This document was prepared by Marileen D. Bradley, Hanover Capital Partners Ltd. Post Office BOX 3980, Edison, NJ 08818-3980 - Phone: (732) 393-3033 Fax: (732) 572-5959 Tracking #1: 0005776489 Tracking #2: InvsumTP5013 PA Exhibit "C" Fir'Ra?!FI a1eay!1.. ?' ? : •++" ? ,,, ,ii..Y-rte+•' ' ? ??? .1a•M..Mt-:.y.?. u,..._ •.F it 1 ?z?criatfib?61%obi` . vwanlr?MwRwN110NIW11MP -'??- TM t w.lq gj?lar?r ;y x,? mFtMUAOI -"' we+ifFY":. .'ror. ?,?,? o?+.?-wa ?mimuc I. nloea?,.,>aa• is _ ? ao6a !^; _ Y"?"FwIN±++?? wnaoww -i?i?owr?ia+? -, _?wnesn+yFwow?aclr, 0.0"ETER DISCLOSURE EXEMPT OY FEDERAL LAN •-?^ nYot°?" nrn,,,?l.ewl.m •.wwwi?nac ^ l? TNEIi i SHARON CORNAAN T is w. IRMO LE ESTATES MENVILL9 PA'172V1 w?irFwar •„,• ? aaarowouul p?vgFA':' . .. . • ..?•? i ED co"PANIEs ?Fi`!N I N6 . .. aeory?ua+ww wataM?W?f . . , -p . 77UNITED COMPANIES , FUNDING EDS1 KILLEBREW DR STE ZOO c?. MINNEAPOLIS NN 55425 r w- +wr • - •Wr11«IrF1« - .---•? ger{7lIMraG. r" .. r .. iaruriciua? - se?rr. Mvl. p omvdw 1w«1VnMWAffM twummm p «w.•W rwa??r?r wa"4w-LM- lwole.FpFO? SIAM ? «iMnuiriawrruF»rnreiuuaalaewwn wwlora'rr"'"b"F"'r"' . ? .. .. co t ; 'v ? v l _ l 1 C) r? rx; C:D Q a -T- vO r ?c. UDREN LAW OFFICES, P.C. _ ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC ECOURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland Plaintiff County V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant NO. 06-7214 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: January 23, 2007 UDREN LAW OFF,ICF?' P.C. Mark 0,`Udren, Esquire ATTORNEY FOR PLAINTIFF r=' -fx UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC :COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland County Plaintiff :NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant De f endant (s) MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Honorable Court for an Order directing service of the Complaint in Replevin upon Defendant, Tenant/Occupant, by regular mail and certified mail and also by posting the premises at which Plaintiff is seeking possession, and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant, Tenant/Occupant, at 203 Conodoguinet Mobile Estates, a/k/a 203 CME, Newville, PA 17241 ("Premises"). A copy of the Return of Service is attached hereto as Exhibit "A". 2. The person (s) in possession of Premises are either the former owners/ Defendant (s) or are unknown occupants, and are occupying Premises without right or claim to title. 3. Process was unable to be served upon named Defendant, Tenant/Occupants at the said Premises. A copy of the Return of Service is attached hereto as Exhibit "A". 4. Plaintiff wishes to give notice by service of the captioned Complaint as requested hereafter, to the named Defendant, Tenant/Occupants, whoever they may be. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the captioned Complaint in Replevin by regular mail and certified mail upon said Defendant, Tenant/Occupant, and also by posting the premises at which Plaintiff is seeking possession. UDREN LAW OFFICES, P.C. dren, Esquire for Plaintiff Exhibit "A" SHERIFF'S RETURN - NOT FOUND -?' .r. CASE NO: 2006-07214 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW 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 TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN , the within named DEFENDANT , TENANT/ OCCUPANT 203 CONODOGUINET MOBILE ESTATES NEWVILLE, PA 17241 GIVEN ADDRESS IS VACANT. NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge So answers, 6.00 .00 5.00 R. as Kline 10.00 Sheriff of Cumberland County .00 21.00 UDREN LAW OFFICES 12/28/2006 Sworn and Subscribed to before me this day of ;.M .r'J. A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC :COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 =Cumberland County Plaintiff :NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) provides for alternate service by order of Court when a Defendant cannot be served or found. In the usual circumstances, an Affidavit setting forth the efforts taken to locate the Defendant(s) accompanies this Motion. Here, however, in this Action in Replevin, the concern is not so much to serve the named Defendant, Tenant/Occupants, but rather to serve the person(s) actually occupying the premises. Accordingly, Plaintiff has requested this Honorable Court to allow service by the means most likely to give notice to the named Defendant, Tenant/Occupant(s), whoever they may be. WHEREFORE, Plaintiff respectfully requests service of the Complaint in Replevin upon Defendant, Tenant/Occupant only, by regular mail and certified mail, and also by posting the premises at which Plaintiff is seeking possession. UDREN LAW OFFICES, P.C. ?dren, Esquire 2Mney for Plaintiff 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 MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT 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. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Date: March /,,S-, 2007 k Udren, Esquire Ykz orney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC :COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland County Plaintiff NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) VERIFICATION WITH REGARD TO GOOD FAITH REASONABLE INVESTIGATION 1. The present action is in Replevin. Inability to effect service presents unique issues to a named Defendant known as "Tenant/Occupant". 2. The Defendant, Tenant/Occupant, is unknown. 3. The Sheriff/process server has been unable to serve the present Tenant/Occupants of the premises. 4. Plaintiff wishes to give proper notice to the actual Tenant/Occupant and, since the Tenant/Occupant is/are unknown, obtaining a standard reasonable investigation will not serve the intended purpose. 5. Since Tenant/Occupant is unknown, no name or social security number is available to Plaintiff to order a Reasonable Investigation. 6. The present whereabouts of the unknown Tenant/Occupants of the premises can be nowhere else but at the premises itself and therefore, additional reasonable investigation of the whereabouts of the Tenants/Occupants would serve no purpose. For the reasons stated, verifier requests this Honorable Court to accept this Verification in place of a Reasonable Investigation. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES,- P.C. Mar J dren, Esquire At hey for Plaintiff r-It P-3 CYN F ?T orn .J N . a UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC :COURT OF COMMON PLEAS 8180 East Kaiser Blvd ;CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland County Plaintiff ':NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the attached Motion for Special Service Pursuant to Special Order of Court upon the following person (s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Other TO: Matthew Cornman Sharon Cornman 234 Marion Avenue 234 Marion Avenue Carlisle, PA 17013 Carlisle, PA 17013 Tenant/Occupant 203 Conodoguinet Mobile Estates a/k/a 203 CME Newville, PA 17241 UDREN LAW OFFICES, P.C. Dated: March 2007 dren, Esquire Attorney for Plaintiff 71, O x ? 0 mo g, „77fd}" , ?;t s TY g ? I r. y (CD ? u?9 ZD K© 0 =00* F 40=0 301'a -in m0"Im Efflma Ord 8z } m 31 7^ k p y r t ?? 0 o C rn`ms" e- C) 0 Mo-n m n ? I f? t Y 1 ? a ? Je, ? 4 f a i ? A C MARK J. UDREN* STUART WINNEG** GAYL SPIVAK*** HEIDI R. SPIVAK*** MARISA JOY COHEN*** LORRAINE DOYLE** ALAN M. MINA TO*** *ADMITTED NJ, PA, FL "ADMITTED PA »*ADMITTED NJ, PA TINA MARIE RICH OFFICE ADMINISMTOR March , 2007 Matthew Cornman 234 Marion Avenue Carlisle, PA 17013 UDREN LA W OFFICES, A C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 856. 669. 5400 FAX.• 856. 669. 5399 FPEDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PLEASE RESPOND TO NEW JERSEY OFFICE Re: FCI National Fund II, LLC VS. Matthew Cornman, Sharon Cornman, et al. Cumberland County, CCP, No. 06-7214 Dear Defendant: PENNSYLVANIA OFFICE In connection with the above captioned matter, enclosed you will find a copy of the Motion for Alternate Service, the original of which has been sent for filing with the Court. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Should you have any questions, please contact our office. Sincerely yours, , Esq. OFFICES, P.C. /dh Enclosure MARK J. UDREN* STUART WINNEG** GAYL SPIVAK*** HEIDI R. SPIVAK*** MARISA JOY COHEN*** LORRAINE DOYLE** ALAN M. MINA TO*** *AOMITTED NJ, PA, FL :-ADMITTED PA * ADMTI7ED NJ, PA TINA MARIE RICH OFFICE ADMRVLSTRATOR March )±?,, 2007 Sharon Cornman 234 Marion Avenue Carlisle, PA 17013 UDREN LA W OFFICES, P. C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY SILL, NEW JERSEY 08003-3620 856. 669. 5400 FAX.- 856. 669. 5399 FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PLEASE RESPOND TO NEW JERSEY OFFICE Re: FCI National Fund II, LLC VS. Matthew Cornman, Sharon Cornman, et al. Cumberland County, CCP, No. 06-7214 PENNSYLVANIA OFFICE Dear Defendant: In connection with the above captioned matter, enclosed you will find a copy of the Motion for Alternate Service, the original of which has been sent for filing with the Court. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Should you have any questions, please contact our office. Sincerely yours, I, dren, Esq. LAW OFFICES, P.C. /dh Enclosure MARK J. UDREN* STUART WINNEG** GAYL SPIVAK*** HEIDI R. SPIVAK*** MARISA JOY COHEN*** LORRAINE DOYLE** ALAN M. MINA TO*** *ADMUZED NJ, PA, FL **ADMTTTED PA •*ADMI7-M NJ, PA TINA MARIE RICH OFFICEADMIVUMTOR March QS-, 2007 UDRENLAW OFFICES, AC. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRYHILL, NEW JERSEY 08003-3620 856. 669. 5400 FAX.• 856. 669. 5399 FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PLEASE RESPOND TO NEW JERSEY OFFICE Tenant/Occupant 203 Conodoguinet Mobile Estates a/k/a 203 CME Newville, PA 17241 Re: FCI National Fund II, LLC VS. Matthew Cornman, Sharon Cornman, et al. Cumberland County, CCP, No. 06-7214 Dear Defendant: PENNSYLVANIA OFFICE In connection with the above captioned matter, enclosed you will find a copy of the Motion for Alternate Service, the original of which has been sent for filing with the Court. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Should you have any questions, please contact our office. Sincerely yours, Win, Esq. OFFICES, P.C. / dh Enclosure UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC ::COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland County Plaintiff NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) O R D E R AND NOW, this day of , 20 , upon consideration of Plaintiff's Motion For Special Service, it is hereby ORDERED that service of the Complaint in Replevin and all subsequent pleadings that require personal service on Defendant, Tenant/Occupant only, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Replevin and all said subsequent pleadings by certified mail and regular mail to the last known address of Defendant, Tenant/Occupant only, at 203 Conodoguinet Mobile Estates, a/k/a 203 CME, Newville, PA 17241 and by posting the premises which Plaintiff is seeking possession located at 203 Conodoguinet Mobile Estates, Newville, PA 17241. BY THE COURT: J. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC :COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland County Plaintiff :NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Honorable Court for an Order directing service of the Complaint in Replevin upon Defendant, Tenant/Occupant, by regular mail and certified mail and also by posting the premises at which Plaintiff is seeking possession, and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant, Tenant /Occupant, at 203 Conodoguinet Mobile Estates, a/k/a 203 CME, Newville, PA 17241 ("Premises"). A copy of the Return of Service is attached hereto as Exhibit "A". 2. The person (s) in possession of Premises are either the former owners/ Defendant(s) or are unknown occupants, and are occupying Premises without right or claim to title. 3. Process was unable to be served upon named Defendant, Tenant/Occupants at the said Premises. A copy of the Return of Service is attached hereto as Exhibit "A" 4. Plaintiff wishes to give notice by service of the captioned Complaint as requested hereafter, to the named Defendant, Tenant/Occupants, whoever they may be. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the captioned Complaint in Replevin by regular mail and certified mail upon said Defendant, Tenant/ Occupant, and also by posting the premises at which Plaintiff is seeking possession. UDREN LAW OFFICES, P.C. Tren, Esquire for Plaintiff Exhibit "A" SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07214 P 'COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW 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 TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN , the within named DEFENDANT 203 CONODOGUINET MOBILE ESTATES NEWVILLE, PA 17241 GIVEN ADDRESS IS VACANT. TENANT/OCCUPANT NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge So answers 6.00 .00 5.00 R. Tficvr?a-s Kline 10.00 Sheriff of Cumberland County .00 21.00 UDREN LAW OFFICES 12/28/2006 Sworn and Subscribed to before me this day of r +w .,.. I 72 A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITS 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC = COURT OF COMMON PLEAS 8180 East Kaiser Blvd CIVIL DIVISION Anaheim Hills, CA 92808 E Cumberland County Plaintiff :NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) provides for alternate service by Order of Court when a Defendant cannot be served or found. In the usual circumstances, an Affidavit setting forth the efforts taken to locate the Defendant(s) accompanies this Motion. Here, however, in this Action in Replevin, the concern is not so much to serve the named Defendant, Tenant/Occupants, but rather to serve the person(s) actually occupying the premises. Accordingly, Plaintiff has requested this Honorable Court to allow service by the means most likely to give notice to the named Defendant, Tenant/Occupant(s), whoever they may be. WHEREFORE, Plaintiff respectfully requests service of the complaint in Replevin upon Defendant, Tenant/Occupant only, by regular mail and certified mail, and also by posting the premises at which Plaintiff is seeking possession. UDREN LAW OFFICES, P.C. M dren, Esquire t nev for Plaintiff 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 MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT 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. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Date: March /S-, 2007 k Udren, Esquire orney for Plaintiff UJDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITS 200 CHERRY SILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC 'COURT OF COMMON PLEAS 8180 East Kaiser Blvd ;CIVIL DIVISION Anaheim Hills, CA 92808 @ Cumberland County Plaintiff NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) VERIFICATION WITH REGARD TO GOOD FAITH REASONABLE INVESTIGATION 1. The present action is in Replevin. Inability to effect service presents unique issues to a named Defendant known as "Tenant/Occupant". 2. The Defendant, Tenant/Occupant, is unknown. 3. The Sheriff /process server has been unable to serve the present Tenant/Occupants of the premises. 4. Plaintiff wishes to give proper notice to the actual Tenant/Occupant and, since the Tenant/Occupant is/are unknown, obtaining a standard reasonable investigation will not serve the intended purpose. 5. Since Tenant/Occupant is unknown, no name or social security number is available to Plaintiff to order a Reasonable Investigation. 6. The present whereabouts of the unknown Tenant/Occupants of the premises can be nowhere else but at the premises itself and therefore, additional reasonable investigation of the whereabouts of the Tenants/Occupants would serve no purpose. For the reasons stated, verifier requests this Honorable Court to accept this verification in place of a Reasonable Investigation. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES. P.C. / Mar?ren, Esquire Att ney for Plaintiff N UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC :COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland County Plaintiff :NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) AMENDMENT TO MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT TO THE PROTHONOTARY: Kindly add the following paragraphs to Motion for Alternate Service in compliance with Cumberland County Local Rules of Court 208.3(a)(2) and 208.3(a)(9): 5. A Judge has not ruled upon any other issue in this or a related matter, and there is no other issue before a Judge to be ruled upon. 6. There is no opposing counsel of record and therefore, no concurrence of opposing counsel can be sought. UDREN LA FFICES, P.C.. dren, Esquire ttorney for Plaintiff ?_a ? ?; -' ? ? ? _:?._ ' R ?-? , W 1 9 , jsd>4-1' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC :COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland County Plaintiff :NO. 06-7214 V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant(s) O R D E R AND NOW, this /G- day of j?'o r'' , 20 01 , upon consideration of Plaintiff's Motion For Special Service, it is hereby ORDERED that service of the Complaint in Replevin and all subsequent pleadings that require personal service on Defendant, Tenant/Occupant' only, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Replevin and all said subsequent pleadings by certified mail and regular mail to the last known address of Defendant, Tenant/Occupant only, at 203 Conodoguinet Mobile Estates, a/k/a 203 CME, Newville, PA 17241 and by posting the premises which Plaintiff is seeking possession located at 203 Conodoguinet Mobile Estates, Newville, PA 17241. BCOURT: J J. = 4 I i ? OF T1 l; I h k? 1U, ', 7 AF It 16 F'1'°i d : 9 •,i?i i ti C? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 FCI National Fund II, LLC =COURT OF COMMON PLEAS 8180 East Kaiser Blvd :CIVIL DIVISION Anaheim Hills, CA 92808 :Cumberland Plaintiff County V. Matthew Cornman :NO. 06-7214 Sharon Cornman and/or Tenant/Occupant Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: April 19, 2007 UDREN LAW OFFICES, P.C. r i Mark J. U ren, Esquire ATTORNEY FOR PLAINTIFF .. ll IJ ? N C=:3 0 Ml Ol a .. a !ter` ? ?.? zr Cl -_j =< SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07214 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW ET AL ..rr 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 CORNMAN MATTHEW but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN the within named DEFENDANT , CORNMAN MATTHEW NOT FOUND , as to -..ir .vim& .rr? .r.. ll? 406 203 CONODOGUINET MOBILE ESTATES NEWVILLE, PA 17241 GIVEN ADDRESS IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers- .I Docketing 18.00 Service 10.56 f" Not Found 5.00 Th as Kline Surcharge 10.00 Sheriff of Cumberland County .00 9/0 7 ?43.56 UDREN LAW OFFICES 12/28/2006 Sworn and Subscribed to before y? me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07214 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW ET AL -ago" 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 ?.i CORNMAN SHARON but was 446 ., unable to locate Her in his bailiwick. H e therefore returns the COMPLAINT - REPLEVIN , NOT FOUND , as to the within named DEFENDANT CORNMAN SHARON 203 CONODOGUINET MOBILE ESTATES NEWVILLE, PA 17241 GIVEN ADDRESS IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 ??a`(IbZ 7 ? 21.00 So answers: R. Thomas Kline Sheriff of Cumberland County UDREN LAW OFFICES 12/28/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07214 P .+... COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW 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 TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN the within named DEFENDANT , TENANT/OCCUPANT 203 CONODOGUINET MOBILE ESTATES NOT FOUND , as to NEWVILLE, PA 17241 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge ,/.? yw7 So answers- 6.00 .00 5.00 R. Tfio-ffa--s Kline 10.00 Sheriff of Cumberland County .00 21.00 UDREN LAW OFFICES 12/28/2006 Sworn and Subscribed to before me this day of -Giri. :J 404 Oda A. D. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FCI National Fund II, LLC 8180 East Kaiser Blvd Anaheim Hills, CA 92808 Plaintiff V. Matthew Cornman Sharon Cornman and/or Tenant/Occupant Defendant (s) FI IL The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and c Replevin to Defendant, Tenant/ regular first class mail, to the as follows: DATE MAILED: ?q ?y? X00 7 Tenant/Occupant 203 Conodoguinet Mobile Estates a/k/a 203 CME Newville, PA 1'7241 I verify that the statements ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-7214 rrect copy of the Complaint in :cupant, by certified mail and ast known address of Defendant (s) herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: MO P 7`f , 2007 LAW OFFICES, P.C. Ma k J. Udren, Esquire At orney for Plaintiff a v stn °v N N -? 1 M1? mD r7 1 :± i -- $ Sal N tC` a g?? N rp. % ? g 1 ? O _ v L? N .'r; i1 )aj S? A?+^y gP1i V'? 6 e ? p ? ? f '"' Q ?s? ? r rx ?e xa. ?.F'+ .?? ? _ ..? ? 1'7'1 ??--^^-- -'? 77'1 ?, ? ? Z ?, C,.,s ? ? ? ? ---1 _ C7 ?„ ""C SHERIFF'S RETURN - REGULAR w CASE NO: 2006-07214 P 4 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN CORNMAN MATTHEW DEFENDANT the , at 1616:00 HOURS, on the 6th day of February-, 2007 at 234 NMARION DRIVE CARLISLE, PA 17013 MATTHEW CORNMAN was served upon by handing to a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Additional Comments DEFENDANTS NO LONGER LIVE AT FAITH CIRCLE ADDRESS. Sheriff's Costs: Docketing 6.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 24.80 3?U /o 4 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/01/2007 UDREN LAW OFFICES By : - ./ eputy She iff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-07214 P a COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon CORNMAN SHARON the DEFENDANT , at 1616:00 HOURS, on the 6th day of February-, 2007 at 234 MARIAN AVENUE CARLISLE, PA 17013 by handing to MATTHEW CORNMAN, HUSBAND 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 Service Affidavit Surcharge 31o Z?b t l Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 03/01/2007 UDREN LAW OFFICES By: day De ty Sherif A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07214 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW 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 CORNMAN MATTHEW but was unable to locate Him in his bailiwick. ('nMDT_A TTTT _ DVnT VIrTTT He therefore returns the the within named DEFENDANT , CORNMAN MATTHEW NOT FOUND , as to 203 CONODOGUINET MOBILE ESTATES NEWVILLE, PA 17241 PROPERTY IS VACANT. Sheriff's Costs: So answers* Docketing 18.00 Service 10.56 Not Found 5.00 R. mas Kline Surcharge 10.00 Sheriff of Cumberland County .00 43.56 3je 1/j -1 0, Sworn and Subscribed to before me this day of UDREN LAW OFFICES 03/01/2007 A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07214 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW 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 CORNMAN SHARON but was unable to locate Her in his bailiwick. rr)MDT.hTNTT - DVDT.MTTTT He therefore returns the , NOT FOUND , as to the within named DEFENDANT CORNMAN SHARON 203 CONODOGUINET MOBILE ESTATES NEWVILLE, PA 17241 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 3/0 Ala So answers- 6.00 -' .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 UDREN LAW OFFICES 03/01/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-07214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FCI NATIONAL FUND II LLC VS CORNMAN MATTHEW ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon CORNMAN MATTHEW the DEFENDANT , at 1620:00 HOURS, on the 10th day of May , 2007 at CONODOGUINET MOBILE ESTATES NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT CONODOGUINET MOBILE ESTATES 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 18.00 Service 21.12 Posting 6.00 Surcharge 10.00 .00 sp.11D1 55.12 Sworn and Subscibed to before me this day of 11 So Answers: R. Thomas Kline 05/11/2007 UDREN LAW OFFICES By. Z De uty Sh ff A. D.