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HomeMy WebLinkAbout01-5748Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Term Defendants CIVIL AC___TION: FORECLOSURE - COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 T~IKE THIS PA~ER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAi~NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 1~ IS APROCESS ~ po~o~ ~- 2 Liberty Ave., Carlisle, PA 17013 %~;HiCHiSTOCOLLBCTADBBTANDA~ IN~ORA4A~ON OBTAINED FROM yOU (717) 249-3166 ANYONE ELSE %VILL BE uSED TO THAT END' AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. pkRA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEM3kNDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CIIMPLA CON TODAS LAS PROVISIONES DE ESTA DEM_ANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAMEAL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 (717) 249-3166 1. Plaintiff is Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company, with its principal offices at 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85282. 2. Defendants are William C. Trapnell, a/k/a William C. Trapnell, III and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky, with an address as set forth above. 3. On June 25, 1999 william C. Trapnell, a/k/a William C. Trapnell, III and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky executed and delivered a Mortgage upon premises hereinafter described to Green Tree Consumer Discount Company, now known as Conseco Finance Corporation, which mortgage was recorded in the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1553, at page 606 on June 29, 1999. 4. This mortgage has not been assigned. 5. The premises subject to said Mortgage are known as 330 Evergreen St., New Cumberland, PA 17070 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendants are the record and real owners of the said real estate subject to the Mortgage. 7. The said Mortgage is in default by reason of the fact that the monthly installments of principal and interest as due on April 1, 2001, and as due on the first day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due thereon, 3 WHICH IS TO COLLECT A DEBT AN[> 2~N ~ [Nt~,~MA~ON OBTA~NPED FROM YOU Oi( AFFfONE ELSE WILL BE USED TO TI4AT END together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 8. The monthly installment payment composed of principal and interest due under the terms of said Mortgage and Mortgage Note for each such month was ONE THOUSAND THREE HUNDRED TWENTY SIX DOLLA~RS AND 69 CENTS ($1,326.69). 9. The following amounts are therefore due and owing on said Mortgage: (a) Principal Debt (b) Late Charges at $132.67 per month from 04/01/2001 to 09/25/2001. (c) Interest from 03/01/2001 through 09/25/2001 at $41.06 per diem. (d) Total Escrow Deficit to date. (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE $131,514.58 $796.02 $8,581 . 91 $0.00 $6,575.73 $335.00 $115.50 $75.00 $0.00 $147,993.74 In addition, interest at the rate of $41.06 per day on the unpaid principal balance will continue to accrue until the default is resolved. Any payments which are allowable under the mortgage document and are necessary to protect Plaintiff, relating to real estate taxes owed or which become due on the mortgaged property 4 together with fire or homeowners insurance premiums necessary to protect the Plaintiff, or any reasonable costs necessary to protect the property from waste or vandalism shall also become due and owing by Defendants to Plaintiff when expended by Plaintiff. 10. Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly the Combined Act 6/91 Notice was sent to the Defendants by Certified Mail, Return Receipt Requested and by regular First Class Mail. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of said Notices and same are incorporated by reference herein as though fully set forth at length. WHEREFORE, Plaintiff prays judgment against Defendants in the sum of $147,993.74 plus interest and late charges at the contract rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: September 25, 2001 Respectfully submitted, Comroe Hing LLP Bye. e, ~e SupremeCourtI.D. 25694 Attorneys for Plaintiff VERIFICATION Ruth Hernandez for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and b~lie~ Ru~h Hernandez, Foreclosure Manager 6 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, (formerly Lower Allen Township), County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Evergreen Street at the division line between Lots No. 118 and 119 on the hereinafter mentioned plan, which point is three hundred (300) feet, more or less, from the Northeastern comer of Oak Lane and Evergreen Street; thence in a Southeasterly direction by said division line, at right angles to Evergreen Street, one hundred and forty (140) feet to an unnamed twenty (20) feet wide highway; thence in a Southwesterly direction by the line of the said unnamed highway a distance of fifty (50) feet to a point on the division line between Lots No. 117 and 118; thence in a Northwesterly direction along said division line a distance of one hundred forty (~40) feet to the Southerly line of Evergreen Street; thence in a Northeasterly direction by the line of said Evergreen Street a distance of fifty (50) feet to the point or place of beginning. BEING LOT NO. 118 on a Plan of Property of the Levi Brandt Estate, New Cumberland, Cumberland County, Pennsylvania, known as Plan "C", amending a portion of "7 Maples No. 1 ", recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book "2", Page 21. Tax Parcel//26-23-0541-189C COMROE HING LLP DAVID B. COMROE GLENN F. HING ROBERT J. WILSON BLAIR KALISH ADLER To: DATE: August 24, 2001 Elizabeth M. Trapnell aka Elizabeth M. Kempasky 330 Evergreen Street New Cumberland, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on ,/our home is in default, and the lender intends to foreclose. Specific'information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save your home. This Notice explains how the program works. To see if HEMP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VWIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTI]?ICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGEBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO ."HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. ~.~¢HICH IS'lO COLLEi ~X z DE~,i ~,D ~i ' '~:7~, ~'--'~ ..... ~'~, ~' ,~~ 'd'-' ~ ,i-' :' '~y ~0mdA~0N OBTkSNED FR6M YOU OR ANYONE ~$E ~L BE USED TO ~{AT END. HOMEOWNERS NAME(S): Elizabeth M. Trapnell William C. Trapnell PROPERTY ADDRESS: 330 Evergreen Street New Cumberland, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 690425008 Greentree consumer Discount Company Conseco Finance Corporation, fka Green Tree Consumer Discount Company HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date o fthis Notice. During that time you must arrange and attend a"face-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE AS SISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed at the end o fthis notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and telephone numbers of designated Consumer credit counseling agencies for the county in which the property is located are set forth at the end of this notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default,) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fi.om the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated Consumer credit counseling agencies listed at the end of this Notice. Only Consun~er credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in everyrespect. The Pennsylvarda Housing Finance Agencyhas' sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued ag~mst you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 330 Evergreen Street, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Monthly Payments March 1, 2001 through August 24, 2001 payments at $1,326.69 each $ 7,960.14 Late Charges March 1, 2001 through August 24, 2001 payments at $132.67 each $ 796.02 Misc. $ 75.00 TOTAL AMOUNT PAST $ 8,831.16 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURZ THE DEFAULT--You may cure the default within THIRTY (30) DAYS o fthe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,831.16 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BE COME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company MSD Foreclosure Unit 7360 S. Kyrene Road Tempe, AZ 85282 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable.) IF YOU DO NOT CURE THE DEFALrLT--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt.. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Drot)ertv. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay o ffthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actualIyincurred up to $50.00. However, if legal proceedings are started against you, you will have to pay ail reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorneys fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personallyifyou have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the de fault and prevent the sale at any time up to one hour before the Sheriff's S ale. You may do so bypaying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale specified in writing by the lender and by performing any other requirements under the mort gage. CURING YOUR DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximatel¥ six (6) months from the date of this · Notice. A notice of the actual date of the Sheriffs Sale willbe sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Creditor: Conseco Finance Corporation, tka Green Tree Consumer Address: Phone Number: Fax Number: Contact Person: Discount Company 7360 S. Kyrene Road, Tempe, AZ 85282 1-888-315-8733 1-480~333-6457 Customer Service EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs S ale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You __ may or X may not (check one) · TO SELL OR TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS 13' NO DEFAULT HAD OCCURRED, IP YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, · TO AS SERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO Very truly yours, CERTIPIED MAIL/RETURN RECEIPT REQUESTED This is a process the purpose of which is to collect a debt and any information obtained fi.om you or anyone else will be used to that end. r~c~U P~ Cr~ss--Hanover Chapter o9 Carlisle S~ree ' over, PA 17331 {7 lsd)63%3768 ' 'AX (717) 637-3294 '~CS of Western Penr~ylva.uia, Inc. ~00 Lingles~OWn Road [a~risburg, PA 17102 3~gam~ County Hous~.g Authority -143 Carlisle Street ~ett~burg, PA 17325 717) 334-1518 'AX (717) 334-8326 YORK COUNTY HouzLug Cotmcil of York 116 North George S~'~et York. PA 17401 (717) 854-1541 FA~ (717) 845-7934 CCCS of Wes~ Pe~ylv~ia, ~c 912 ~u~ ~e S~t Ycr~ PA 17403 (717) ~176 PENNSYLVANIA BULLETIN, VOL.. 29, NO. 14, APRIL 3, 199~ LAW OFFICES COMROE HING LLP SUITE 1400 1700 MARKET STREET (215) 568-5560 DAVID B. COMROE GLENN F. HING ROBERT J. WII~ON BLAIR KALISH ADLER DATE: August 24, 2001 To~ William C. Trapnell aka William C. TrapnelI, I~ 330 Evergreen Street New Cumberland, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAl>) may be able to help to save your home. This Notice explains how the program works. To see if HEMP can help, you must MEET WITH A CONSUMER CREDIT COUNSEl,lNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Permsvlvania Housing. Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearin~ can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTII=ICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUS1NG FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. IHiS iS A PROCESS FiiE f.c]~-~kO~E OF WHICH IS TO COLLECT A DEBT AND ANY ]t'tFO~MATION OBTAINED FROM YOU OR AtxvYONE ELSE WTLL BE USED TO THAT END HOMEOWNERS NAME(S): Elizabeth M. Trapnell William C. Trapnell PROPERTY ADDRESS: 330 Evergreen Street New Cumberland, PA 17070 LOAN ACCT. NO.: 690425008 ORIGINAL LENDER: Greentree consumer Discount Company CURRENT LENDER/SERVICER: Conseco Finance Corporation, fka Green Tree Consumer Discount Company HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENT~ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURe--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date o fthis Notice. During that time you must arrange and attend a"face-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE AS SISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCy-olf you meet with one of the Consumer credit counseling agencies listed at the end ofthJ, s notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and telephone numbers of designated Consumer credit counseling a~encies for the counW in which the property is located are set forth at the end of this notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply 'for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated Consumer credit counseling agencies listed at the end of this Notice. Only Consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. Theywill be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has- sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR iNFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 330 Evergreen Street, New Cumberland, PA 17070 IS SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Monthly Payments March 1, 2001 through August 24, 2001 payments at $1,326.69 each Late Charges March 1, 2001 through August 24, 2001 payments at $132.67 each Misc. $ 7,960.14 $ 796.02 $ 75.00 TOTAL AMOUNTPAST $ 8,831.16 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,831.16 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made eitherb¥ cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company MSD Foreclosure Unit 7360 S. Kyrene Road Tempe, AZ 85282 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable.) 1~ YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt: This means that the entire outstanding balance oftlfis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortea~ed property. 13' THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attomev's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may als6 sue you personally for the unpaid principal balance and other sums due under the mort gage. You can not be sued personallyifyou have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charees then due, reasonable attomeVs fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale specified in writing by the lender and by performing any other requirements under the mortgage. CURING YOU R DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EAR 1 ,lEST POS S[BLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Creditor: Conseco Finance Corporation, fka Green Tree Consumer Address: Phone Number: Fax Number: Contact Person: Discount Company 7360 S. Kyrene Road, Tempe, AZ 85282 1-888-315-8733 1-480-333-6457 Customer Service EFFECT OF SHERIFF' S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your hght to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You __ may or X may not (check one). TO SELL OR TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CUR_ED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TI2ViES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO 2.~ly yours, DAVID B. COMROE, ESQUIRE CERTIFIED MAIL/RETURN RECEIPT REQUESTED This is a process the purpose of which is to collect a debt and anyinformation obtained fi.om you or anyone else will be used to that end. erlCma Red Cross--Hanover Chapter ~ Carlisle Street S*' over, PA 17331 F~D((717) ~ - cCS of Wesm~ ~e~ylv~ia, Inc. ~0 Lingles~ ~b~. PA ~7~0~ ~43 C~li~le S~t ~9-1 ~bu~, PA 17325 717 334-1518 · ~ (717 334-8326 YOIIK C OI/NTY Houzing Council of York 116 North C-e~r~e S~a-ee: York. PA 174(]1 (717) 854-1541 FAX (717) 845-7934 CCCS of Western pennzylvmuia, 912 South George Sm-eet York, PA 17403 (717) 8464176 PENNSYLVANIA BULLETIN, VOl- 29, NO. 14, APRIL 3, 199~ [:2 Postage $ Certified Fee postmark Here Return Recelp~ Fee {Endorsement Required) ~y ~Y'~o.; or PO sox ~o [~..:~,.~...~.~.~__s.=~ ~ .............................. Postage $ Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ISentro Eiizabett% L...3,.i~..?..~.~ t~?%s..~.~.?~. ......................................... SHERIFF'S RETURN - OUT OF COUNTY MNO: 2001-05748 P ONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAi~D CONSECO FINANCE CORPORATION VS TRAPNEIJ, WILLIAM C ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT TRAPNELL WILLIAM C III but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, - MORT FORE He therefore Pennsylvania, to On October 31st , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 35.25 Mileage 11.75 84.00 10/3i/200i COMROE HING Sheriff of Cumberland County Sworn and subscribed to before me this /~ ~--- day of ~ 20-~[ A.D. ~7~ ; Pr0thonotaf~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 2932-T OTHER COUNTY NO. CONSECO FINANCE CORP vs TRAPNELL ELIZABETH M - - -2001 01-5748 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for TRAPNELL ELIZABETH M the DEFENDA/qT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 23, 2001 AS PER WILLIAM TRAPNELL, SAYS DEFEND;tNT MOVED TO YORK COUNTY. Sworn and subscribed to before me this 23RD day of OCTOBER, 2001 ! PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $35.25 PD 10/12/2001 RCPT NO 155282 Ia The Court of Common Pleas of Cumberland County~ Pennsylvania Conseco Finance Corporation VS. Willian C. Trapnell III et al SERVE: Elizabeth M. Trapnell ~0. 01 5748 civil HOW, October 8, 2001 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service ~OW~ within ,20 , at o'clock __ M. served the upon by handing to and made known to copy of the original So answers~ the contents thereof. Sworn and subscribed before me this __ day of ,2O Sheriff of County, PA COSTS SERViCE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County~ Pennsylvania Conseco Finance Corporation VS. Willian C. Trapnell III et al SERVE: s~ne No. 01 5748 civil ]qow, October 8, 2001 ~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, within ., 20 , at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of COSTS SERVICE MILEAGE AFFIDAVIT Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 Trapnell, a/k/a William aka ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 civil term Defendants :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT UNDER PENNSYLVANIA RULE OF CIVIL PROCEDURE 430 1. Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants on October 3, 2001. 2. Service upon Elizabeth M. Trapnell was not made as "Sheriff was unable to locate her." Attached hereto and made part hereof as Exhibit "A" is a true and correct copy of the Return of Service form. 3. In accordance with Pennsylvania Rule of Civil Procedure 430, Plaintiff commenced a reasonable investigation to determine Defendants' whereabouts by the following action: a. inquiry of postal authority; bo inquiries of neighbors; c. examination of local telephone directories; d. examination of voter registration records; e. examination of local tax records. Attached hereto and made part hereof, collectively, as Plaintiff's Exhibit "B" are the Affidavit of Good Faith Report to locate the Defendants with fact sheet on inquiries of Postal Authority; inquiries of neighbors; examination of local telephone directories; examination of local tax records, and examination of voter's registration records. Based upon this reasonable investigation, no new address of Defendants has been determined. 4. In accordance with Pennsylvania Rule of Civil Procedure 410 and Pennsylvania Rule of Civil Procedure 430, alternate service is requested by posting a copy of the original process as well as all Notices under Pennsylvania Rule of Civil Procedure 3129 on the most public part of the property and by first-class and certified mail service to Defendants' last known address. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court order service of the Complaint in Mortgage Foreclosure as well as any Notices under Pennsylvania Rule of Civil Procedure 3129 in the manner set forth and requested hereinabove. D~id B. CorerOe, Esquire Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 Trapnell, a/k/a William aka ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 civil term Defendants ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: MEMORANDUM OF LAW The Pennsylvania Rules of Civil Procedure require that when service of a Complaint in Mortgage Foreclosure cannot be made by the Sheriff by personal service, a reasonable investigation must take place to determine the Defendants' whereabouts. Pennsylvania Rules of Civil Procedure 410 and 430. As a reasonable investigation has taken place, a special Order of Service should be entered to allow service by posting the property and by certified and regular mail service. Comr~ LLP By:~ Esquire Attorney for Plaintiff 5 VERIFICATION David B. Comroe, Esquire, Attorney for Plaintiff, Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company, having express authorization to enter into this Verification verifies the foregoing Petition for Alternate Service and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. Da~zd B. Comroe, Esquire 8HERIFP'S RETURN - OUT OF COUNTY CASE NO: 2001-05748 P COMMONWEALTH OF PENNSYLVB/qIA:. COI/NTY OF CUMBERLAND CONSECO FINP~NCE CORPORATION VS TPJtPNELL WILLIAI4 C ET AL R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT TRAPNELL ELIZABETH M but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and in his bailiwick. County, - MORT FORE , to wit: He therefore Pennsylvania, to On October 31st , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 10/31/2001 COMROE HING Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. Prothonotary M~y Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart A.~sistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 2932-T OTHER COUNTY NO. CONSECO FINANCE CORP VS TRAPNELL ELIZABETH M - - -2001 01-5748 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for TRAPNELL ELIZABETH M the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 23, 2001 AS PER WILLI~/4 TRAPNELL, SAYS DEFEND~/qT MOVED TO YORK COUNTY. Sworn and subscribed to before me this 23RD day of OCTOBER, 2001 ! PROTHONOTkRY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:S35.25 PD 10/12/2001 RCPT NO 155282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA Docket No. ST CONSECO FINANCE CORPORATION F/K/A GREEN TREE CONSUMER DISCOUNT CO. ~ against - ELIZABETH M. TRAPNELL ,Plaintiff(s) ,Defendant(s) AFFIDAVIT OF DUE AND DILIGENT SKIP TRACE REPORT ~ THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE ~ EIGHTEEN YEARS AND NOT A PARTY TO THE ACTION, ATTEMPTED TO LOCATE THE FOLLOWING INDIVIDUAL FOR SERVICE OF PROCESS: ELIZABETH M. TRAPNELL AND THAT AFTER DUE SEARCH, CAREFUL INQUIRY AND DILIGENT ATTEMPTS AT THE RESIDENCE: 330 EVERGREEN STREET NEW CUMBERLAND PA 17070 ALTERNATE: UNKNOWN THE FOLLOWING INFORMATION IS CURRENTLY AVAILABLE ON SEARCH FILES: 11/16/01 SKIP TRACE RECORDS INDICATE A CURRENT ADDRESS AT: 330 EVERGREEN STREET NEW CUMBERLAND, PA 17070 DIRECTORY ASSISTANCE INDICATES A NON-PUBLISHED NUMBER AT THIS ADDRESS. SS#: 115-40-1926 DOB: 04/1947 SKIP TRACES INDICATE NO OTHER FORWARDING OR CHANGES OF ADDRESSES ON FILE AT THIS TIME. ALL RECORDS INDICATE THIS ADDRESS AS CURRENT I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THAT THE ABOVE INFORMATION IS TRUE AND IS PROVIDED BASED UPON DUE DILIGENCE AND CAREFUL INQUIRY. SEARCHER: KIM GIBSON~ , _~ SWORN AND SUBSCRIBED TO BEFORE ME THIS  2001 ~. _~:RALD CO~$URDO DGR - THE SOURCE FOR LEGAL SUPPORT 47 Bloomfield Avenue, Caldwell, NJ 07006 (973) 403-1700 FAX (973)403-9222 File No.01-0114 WORK ORDER No. 160162 Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 Trapnell, a/k/a William aka ACTION OF MORTGAGE FORECLOSURE Term NO. 01-5748 civil term Defendants :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW this /~- day of as a good faith reasonable investigation was performed to ascertain Elizabeth M. Trapnell whereabouts in accordance with Pennsylvania Rule of Civil Procedure 430, it is hereby ORDERED AND DECREED that service of Plaintiff's Complaint in Mortgage Foreclosure and any other notices to Defendants including the Notice under Pennsylvania Rules of Civil Procedure 3129 in connection with this action is to be made in the following manner: 1. By posting a copy of the original process in accordance with Pa. R.C.P. 400.1 as amended, and any other documents on the most public part of the property; 2. By certified mail to the Defendants, last known address; 3. By regular, first-class mail to the Defendants, last known address. 4. Plaintiff is to file a Certification of Service showing that the above mailings were sent by certified mail and regular, first-class mail. Plaintiff is not required to provide a Certification that those mailings were received by Defendant(s). It is further ORDERED AND DECREED that the posting of the Complaint and mailing of the Complaint by Certified and first-class mail as well as all notices under Pennsylvania Rules of Civil Procedure 3129 pertaining to this case shall constitute good service. Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. william C. C. Trapnell, III 330 EverHreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 Trapnell, a/k/a William aka ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 civil term Defendants :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOT/LRY OF CUMBERLAND COUNTY: You are hereby directed to Reinstate the Foreclosure Complaint in the above captioned proceedings for service upon Elizabeth M. Trapnell by Posting the premises and by certified mail, return receipt required, and by regular first class mail with certification of service per court order dated January 18, 2002. DATED: February 26, 2002 Comroe Hing LLP Davi~ B. Comroe, Esquire Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Defendants PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF D~uMAGES TO THE PROTHONOTARY: Enter Judgment in the amount of $159,731.16 in favor of the Plaintiff and against the Defendants for failure to file an Answer in the above action within twenty (20) days from the date of service of the Complaint and assess Plaintiff's damages as follows: (a) Principal Debt $131,514.58 (b) Late Charges at $132.67 per month from $1,857.38 04/01/2001 to 06/12/2002. (c) Interest from 03/01/2001 through $19,257.97 06/12/2002 at $41.06 (d) Total Escrow Deficit to date (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon $0.00 $6,575.73 work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge s) (i) Escrow Credit TOTAL AMOUNT DUE $335.00 $115.50 $75.00 $0.00 $159,731.16 DATED: June 12, 2002 Respectfull~ submitted, David Bo Comroe, Esquire Attorney for Plaintiff Damages assessed as above this ~;~-~ day of ,~ Pro- P~({t~hono~a-ry~' - ~ 2002. 2 (b) Late Charges at $132.67 per month from 04/01/2001 to 06/12/2002. (c) Interest from 03/01/2001 through 06/12/2002 at $41.06 (d) Total Escrow Deficit to date (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE $1,857.38 $19,257.97 $0.00 $6,575.73 $335.00 $115.50 $75.OO $0.00 $159,731.16 DATED: June 12, 2002 Respectfull~ submitted, C~ Hi~LLP David B. Comroe, Esquire Attorney for Plaintiff Damages assessed as above this ~f-~ day of JLtA.~ P~o- P~6t-honoka-ry~' ' (~ 2002. Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 Term No. 01-5748 CIVIL TERM Defendants Certification of Service David B. Comroe, Esquire, Attorney for Plaintiff in the above captioned matter, being duly sworn according to law certifies that Notices of Intention to Take Judgement, as set forth in PA R.C.P., 237.1 copies of the Complaint in Mortgage Foreclosure were served upon the Defendants by Certified Mail and Regular, First-class Mail SWORN TO AND SUBSCRIBED before me this ~- day of ~u~e Notary Public on April 3, 2002. David B. Comroe, Esquire Attorney for Plaintiff , 2002. Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Defendants :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CERTIFICATION David B. Comroe, Esq., Attorney for Plaintiff in the above captioned matter, hereby certifies that the provisions of the Emergency Mortgage Relief Act, P.L. 1688 No. 621, as amended, December 23, 1983 have been met. Sworn to and subscribed before me this I~F~ day of~""~ , 2002. Notary Public David B. Comroe, Esquire Attorney for Plaintiff . NO~-HIL!TAR¥ AFFIDAVIT STATE OP Arizona CO~ 0~' Maricopa being first duly sworn on oath deposes and says: l. Tha~ i am employed by the Rlaintiff herein as '" =' '- servicer of the.mortgage: '- 2. premises 3. designed to discover facts concerning the tit!eho!dar's occupations and military status. ~ ~ That said procedures were followed in connection with the current delinquency. 5. That, on informat£on and belief, that captioned titleholders are not incompetent or in any brakch cf the That the captioned individual(s) are the owners of the described in the mortgage or deed of tr%lst. That the collection procedures of the Plaintiff are military service. Ruth Hernandez, Foreclosure Manager ~569~ 118 from said di~ twenty (, highway a thence in a to the Sou~, Evergreen Strt BEING LOT NO. County, Permsylva Recorder of Deeds Tax Parcel g26-23-054 ?RAECIPE FOR wRIT oF EXECUTION coMMONWEALTH OF pENNSYLVANIA coUNTY OF cuMBERLAND identification ~ing LLP c°mr%Ivi C l?e Suite 300 Attorne~ ~ F~nce Corporation, Consec° Tree Consumer DisCOUn rene Road 7360 S'iosure unit HSD Fo[ 85282 Tempe' Plaintiff 25694 IN THE CouRT OF coMMON pLEAS OF cUMBERLAND couNTY CIVIL ACTION - LAW vS. a/k/a m C. Trapnell, W~m C. Trapnell, III W~ergreen St. %umberland, PA 17070 zabeth M. Trapnell, aka zabeth M. Kempasky 3 Evergreen St. w cumberland, PA 17070 DefendantS pRAECIPE FOR wRIT OF EXECUTION ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM TO THE pRoTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 330 Evergreen St., New cumberland, PA 17070 See Exhibit "A" attached (Costs to be added) AMOUNT DUE $159,731.16 interest from 6/12/2002 $4,918.84 to 12/4/2002 @11.24% WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-5748 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSECO FINANCE CORPORATION, F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From WILLIAM C. TRAPNELL, A/K/A WILLIAM C. TRAPNELL, III AND ELIZABETH M. TRAPNELL, A/K/A ELIZABETH M. KEMPASKY, 330 EVERGREEN ST., NEW CUMBERALAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $159,731.16 L.L. $.50 Interest FROM 6/12/02 TO 12/4/02 611.24% - $4,918.84 Atty's Corem % Due Prodiy Atty Paid $254.36 Other Costs Plaintiff Paid Date: JUNE 21, 2002 (Seal) REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 $1.00 CURTIS R. LONG Deputy Certificate To The Sheriff Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. william C. Trapnell, a/k/a william C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070. and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 Defendants C.P. (Circle One) Term No. 01-5748 CIVIL TERM I. The action: II. The I HEREBY CERTIFY THAT: judgment entered in the above matter is based on an A. In Assumpsit (Contract) - B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. Defendants own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint tenantS with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. X The Defendants are: A. Resident in the Corflmonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above not applicable, state which Defendants are residents of the Commonwealth of Pennsylvania: Residents: This certification must be signed by the attorney of record if an appearance has been entered; otherwise certification must be signed by Plaintiff. Name: David B. Comroe, Esquire Phone No.~)568-0400 Signature: ~----'/~.~ Address: 1608 Walnut Street, Suite 300 Philadelphia, PA 19103-5446 Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 Family Court Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person has knowledge who has any interest in the affected by the sale. of whom the plaintiff property which may be (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Plaintiff 3 2. Name and address of Defendants in the judgment: Datq Service Code William C. Trap~ell a/k/a William C. Trapnell III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell ~//~/~-~ aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code Steven C. Moss and Debbie J. ~i/~/~ ~ Moss ~ 514 Woodcrest Drive Mechanicsburg, PA 17055 Name and address of the last recorded holder of every mortgage of record: Date Service Code 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Service Code Dat__e 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. IDate IService COde I 2 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW Plaintiff vs. William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 ACTION No. OF MORTGAGE FORECLOSURE Term 01-5748 CIVIL TERM Defendants :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 330 Evergreen St., New Cumberland, PA 17070: 1. Name and address of Owners or Reputed Owners: William C. Trapnell aka William C. 330 Evergreen St. New Cumberland PA 17070 Trapnell, III Elizabeth M. Trapnell aka Elizabeth M. 330 Evergreen St. New Cumberland, PA 17070 Kempasky Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff VS. William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Defendants :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: AFFIDAVIT PURSUANT TO RULE 3129.2 AND RETURN OF SERVICE PURSUANT TO PA R.C.P. 405 OF NOTICE OF SALE David B. Comroe, Esq., Attorney for Plaintiff, Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company sets forth as of the date of the praecipe for the writ of the following information concerning the at 330 Evergreen St., New Cumberland, PA Sheriff's Sale on December 4, 2002. As execution was filed real property located 17070 to be sold at required by PA R.C.P. 3129.2 (a) Notice of Sale has been given in the manner required by PA R.C.P. 3129.2 (c) on each of the persons or parties named at the addresses set forth below on the date and in the manner noted in the margin by the names of each and copies of each notice together with return receipts or proof of mailing are attached as Exhibits. The manner of service, as noted in the margin, utilizes the following codes: 1. Personal Service by the Sheriff or in accordance with Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 12, 2002 David B. Comroe Attorney for Plaintiff 5 LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-5446 (215) 568-0400 FAX NUMBER (215) 568-5560 www. comroehmg, com DAVD B. COMROE GLENN F, HTNG Steven C. Moss and Debbie J. Moss 514 Woodcrest Drive Mechanicsburg PA 17055 RE: ROBERT J. WILSON BLPdR KALISH ADLER June 12, 2002 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company vs William C. Trapnell, a/k/a William C. Trapnell, III and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky Docket No.: Term 01-5748 CIVIL TERM Property Address: 330 Evergreen St., New Cumberland, PA 17070 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, in the County Court House, One Courthouse Square, Carlisle, PA 17013 on December 4, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling (717) 240-6930 to determine the saLd_3chedule. actual date of the filing of theVery~ly~y{)s~ ~~ David B. Comroe, Esquire DBC/jb LAW OFFICES COMRO[ HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-5446 (215) 568-0400 FAX NUMBER (215) 568-5560 wvo,v,comroehmg.com DAVID B. COMROE GLENN F. HING Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle PA 17013 June 12, 2002 RE: Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company vs William C. Trapnell, a/k/a William C. Trapnell, III and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky Docket No.: Term 01-5748 CIVIL TERM Property Address: 330 Evergreen St., New Cumberland, PA 17070 NOTICE OF SALE OF REAL PROPERTY ROBERT J. WILSON BLAIR KALISH ADLER Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, in the County Court House, One Courthouse Square, Carlisle, PA 17013 on December 4, 2002, at 10:00 AM. This property and improvements, if pursuant to a Judgment entered in favor of Defendants in the Court of Common Pleas of any, is being sold Plaintiff and against CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling (717) 240-6930 to determine the actual date of the filing of the said schedule. DBC/jb LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPH/A, PA 19103-5446 (215) 568-0400 FAX NUMBER (215) 568-5560 DAVID B. COMROE GLENN F. HING Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 RE: ROBERT J. WILSON BLAIR KALISH ADLER June 12, 2002 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company vs William C. Trapnell, a/k/a William C. Trapnell, III and Elizabeth M. Trapnell, aka Elizabeth M..Kempasky Docket No.: Term 01-5748 CIVIL TERM Property Address: 330 Evergreen St., New Cumberland, PA 17070 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, in the County Court House, One Courthouse Square, Carlisle, PA 17013 on December 4, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a Creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling (717) 240-6930 to determine the actual date of the filing of the sai_~schedule. David B. Comroe, Esquire DBC/jb LAW OFFICES COMROE ItlNG LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-5446 (215) 568-0400 FAX NUMBER (215) 568-5560 www. comroehmg.com DAVID B. COMROE G~NN F. HING Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 RE: ROBERT J, WILSON BLAIR KALISH ADLER June 12, 2002 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company vs William C. Trapnell, a/k/a William C. Trapnell, III and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky Docket No.: Term 01-5748 CIVIL TERM Property Address: 330 Evergreen St., New Cumberland, PA 17070 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, in the County Court House, One Courthouse Square, Carlisle, PA 17013 on December 4, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling (717) 240-6930 to determine .the actual date of the filing of the said schedule. ~ ........ Davi~F'~.~oe,"~qu~re DBC/jb U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR OOMESTIC AND iNTERNATIONAL MAIL, DOES NOT PROVIOE FOR INSURANCE-POSTMASTeR .~v~ ~,~: COMROE HING LLP 1608 Walnut, Suite 300 FAMILY COURT DOMESTIC CARLISLE. PA 17013-3387 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. Trapnell, a/k/a William C. Trapnelt, III 330 Evergreen St. New Cumberland, PA 17070 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: William C. Trapnell, a/k/a William C. Trapnell, III, Elizabeth M. Trapnell, aka Elizabeth M. Kempasky Your property at 330 Evergreen St., New Cumberland, PA 17070 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on December 4, 2002, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $159,731.16 obtained by Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Comroe Hing LLP, attorneys for the Plaintiff, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: (215)568-0400 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through ether legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Cumberland County Sheriff's Office at (717) 240- 6930. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Cumberland County Sheriff's Office at (717) 240-6930. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if .the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed 2 to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the Sale date. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, (formerly Lower Allen Township), County of Cumber/and and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Evergreen Street at the division line between Lots No. 118 and 119 on the hereinafter mentioned plan, which point is three hundred (300) feet, more or less, from the Northeastern corner of Oak Lane and Evergreen Street; thence in a Southeasterly direction by said division line, at right angles to Evergreen Street, one hundred and forty (140) feet to an unnamed twenty (20) feet wide highway; thence in a Southwesterly direction by the line of the said unnamed highway a distance of fifty (50) feet to a point on the division line between Lots No. 117 and 118; thence in a Northwesterly direction along said division line a distance of one hundred forty (~40) feet to the Southerly line of Evergreen Street; thence in a Northeasterly direction by the line of said Evergreen Street a distance of fifty (50) feet to the point or place of beginning. BEING LOT NO. 118 on a Plan of Property of the Levi Brandt Estate, New Cumberlandl Cumberland · County, Pennsylvania, known as Plan "C", amending a portion of "7 Maples No. 1", recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book "2", Page 21. Tax Parcel #26-23-0541-189C DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, (formerly Lower Allen Township), County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Evergreen Street at the division line between Lots No. 118 and 119 on the hereinafter mentioned plan, which point is three hundred (300) feet, more or less, from the Northeastern corner of Oak Lane and Evergreen Street; thence in a Southeasterly direction by said division line, at right angles to Evergreen Street, one hundred and forty (140) feet to an unnamed twenty (20) feet wide highway; thence in a Southwesterly direction by the line of the said unnamed highway a distance of fifty (50) feet to a point on the division line between Lots No. 117 and 118; thence in a Northwesterly direction along said division line a distance of one hundred forty (140) feet to the Southerly line of Evergreen Street; thence in a Northeasterly direction by the line of said Evergreen Street a distance of fifty (50) feet to the point or place of beginning. BEING LOT NO. 118 on a Plan of Property of the Levi Brandt Estate, New Cumberland, Cumberland County, Pennsylvania, known as Plan "C", amending a portion of "7 Maples No. 1 ", recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book "2", Page 21. Tax Parcel #26-23-0541-189C Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Certification of Service David B. Comroe, Esquire, Attorney for Plaintiff in the above captioned matter, hereby certifies that in accordance with the Order of Court dated January 18, 2002, copies of the Notice of Sale in Mortgage Foreclosure were served upon the Defendant by Certified Mail and Regular, First-class Mail on June 20,2002. SWOR~T~ AND SUBSCRIBED before thi,s~day of O~4~.~- , 2002. Notary Public ~---- ~mroe, ~e Attorney for Plaintiff--s... me ! s~,,~,~.oo~e,~.~,m~mm: { Comroe Hing LLP By: David B. Comroe 1508 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Defendants PETITION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT UNDER PENNSYLVANIA RULE OF CIVIL PROCEDURE 430 1. Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants on October 3, 2001. The Default Judgment was entered and the Writ of Execution issued on June 21, 2002. 2. Service upon Defendant William C. Trapnell, a/k/a William C. Trapnell, III was not made at the property address nor at his last known mailing address. Attached hereto and made part hereof as Exhibit "A" is a true and correct copy of the Return of Service form. 3. In accordance with Pennsylvania Rule of Civil Procedure 430, Plaintiff commenced a reasonable investigation to determine Defendants' whereabouts by the following action: a. inquiry of postal authority; b. inquiries of neighbors; c. examination of local telephone directories; d. examination of voter registration records; e. examination of local tax records. Attached hereto and made part hereof, collectively, as Plaintiff's Exhibit "B" are the Affidavit of Good Faith Report to locate the Defendants with fact sheet on inquiries of Postal Authority; inquiries of neighbors; examination of local telephone directories; examination of local tax records, and examination of voter's registration records. Based upon this reasonable investigation, no new address of Defendants has been determined. 4. In accordance with Pennsylvania Rule of Civil Procedure 410 and Pennsylvania Rule of Civil Procedure 43[), alternate service is requested by posting a copy of the Notices under Pennsylvania Rule of Civil Procedure 3129 as well as any other Notices related thereto on the most public part of the property and by first-class and certified mail service to Defendants' last known address. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court order service of the Notices under Pennsylvania Rule of Civil Procedure 3129 as well as any other Notices related thereto in the manner set forth and requested hereinabove. Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff VS. William C. Trapnell, a/k/a William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Defendants MEMORANDUM OF LAW The Pennsylvania Rules of Civil Procedure require that when service of the Notices under Pennsylvania Rule of Civil Procedure 3129 as well as any other Notices related thereto cannot be made by the Sheriff by personal service, a reasonable investigation must take place to determine the Defendants' whereabouts. Pennsylvania Rules of Civil Procedure 410 and 430. As a reasonable investigation has taken place, a special Order of Service should be entered to allow service by posting the property and by certified and regular mail service. Comroe Hing LLP David B. Comroe, Esquire Attorney for Plaintiff VERIFICATION David B. Comroe, Esquire, Attorney ~or Plaintiff, Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company, having express authorization to enter into this Verification verifies the foregoing Petition for Alternate Service and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. David B.~roe, Esquire Conseco Finance Corporation f/k/a In The Court of Common Pleas of Green Tree Consumer Discount Company Cumberland County, Pennsylvania VS Writ No. 2001-5748 Civil Tem~ William C. Trapnell a/k/a William C. Trapnell, III And Elizabeth M. Trapnell a/k/a Elizabeth M. Kempasky R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: William C. Trapnell a/k/a William C. Trapnell, III, but was unable to loc:ate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania, to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: I, Jack Lotwick, Siheriffofthe County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for William C. Trapnell a/k/a William C. Trapnell, III the defendant named in the within Real Estate Writ Notice and Description and that I am unable to find him in the County of Dauphin and therefore retum same NOT FOUND, September 3, 2002. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. ' .... Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2002 at 7:37 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the.within named.. :: ~ defendant, to wit: Elizabeth M. Trapnell a/k/a Elizabeth M. Kempasky, by posting the premises located at 330 Evergreen Street, New Cumberland, Cumberland County,: Pennsylvania, pursuant to court order, the said true and correct copy of the same. , Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 2:18 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William C. Trapnell a/k/a William C. Trapnell, III and Elizabeth M. Trapnell a/k/a Elizabeth M. Kempasky located at 330 Evergreen Street, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Elizabeth M. Trapnell a/k/a Elizabeth M. Kempasky, by regular mail to her last known address of 330 Evergreen Street, New Cumberland, PA 17070~ This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's Office: Sworn and Subscribed to Before Me This 2002, A.D. __ Day of Prothonotary so R. Thomas Kline, ~heriff Rea~Est te~puty IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA Docket No. CONSECO FINANCE SERVICING CORP. WILLIAM C. TRAPNELL, III - against - , Plaintiff (s) , De fendant ( s ) AFFIDAVIT OF DUE AND DILIGENT SKIP TPQkCE REPORT ~ THE UNDERSIGNED AMAND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE ~ EIGHTEEN YEARS AND NOT A PARTY TO THE ACTION, ATTEMPTED TO LOCATE THE FOLLOWING INDIVIDUAL FOR SERVICE OF PROCESS: WILLIAM C. TP~APNELL, III AND THAT AFTER DUE SEARCH, CAREFUL INQUIRY AND DILIGENT ATTEMPTS AT THE RESIDENCE: 330 EVERGREEN STREET NEW CUMBERLAND PA 17070 ALTERNATE: UNKNOWN THE FOLLOWING INFORMATION IS CURRENTLY AVAILABLE ON SEARCH FILES: 11/21/02 SKIP TRACE RECORDS INDICATE A CURRENT ADDRESS AT: WILLIAM C. TRAPNELL, III 330 EVERGREEN NEW CUMBERLAND, PA 17070 TEL. # 717-774-6463 LISTED UNDER ELIZABETH TRAPNELL. CALLED THE ABOVE NUMBER WHICH IS NO LONGER REGISTERED TO THE ABOVE DEFENDanT. I SPOKE TO A NEW SUBSCRIBER TO THIS TELEPHONE NUMBER AND THE ABOVE SUBJECT IS NOT KNOWN. ss# 126-50-0934 D.O.B. 1/22/1959 I SPOKE TO NEIGHBORS MR. CAMPBELL WHO INDICATES THAT THE PROPERTY IS VACANT AND TRAPNELL MOVED A COUPLE OF MONTHS AGO FROM THIS ADDRESS. MOVED, NEW ADDRESS UNKNOWN TO )IEIGHBORS. DIRECTORY ASSISTANCE INDICATES A NON-PUBLISHED Nq3MBER IN THE AREA BUT NONE AT THIS ADDRESS. SKIP TRACES INDICATE NO OTHER FORWARDING OR CHANGES OF ADDRESSES ON FILES AT THIS TIME. ALL RECORDS INDICATE THIS AiDDRESS AS CURRENT ON ALL FILES AT THIS TIME. ALL CURRENT VOTER REGISTRATION AND POSTAL RECORDS INDICATE NO NEW ADDRESS OTHER THAN THE ABOVE ADDRESS ON FILES. UNABLE TO LOCATE ANY NEW OR FOF~ARDING ADDRESS AT THIS TIME. I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THAT THE ABOVE INFORMATION IS TRUE AND IS PROVIDED BASED UPON DUE DILIGENCE AND CAREFUL INQUIRY. SEARCHER: JERRY COLASURDO File No.01-0114 * CONTINUED ON NEXT PAGE * DGR - THE SOURCE FOR LEGAL SUPPORT 47 Bloomfield Avenue, Caldwell, NJ 07006 (973) 403-1700 FAX (973)403-9222 WORK ORDER No. 201988 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA Docket No. CONSECO FINANCE SERVICING CORP. WILLIAM C. TRAPNELL, III - against - SWORN AND SUBSCRIBED TO BEFORE ME THIS ~/~ DAY OF ~/O~ 20~ , Plaintiff (s) ,Defendant (s) JOSEPH L. DE$CAFANO NOTARY PUBLIC OF NEW ,JERSEY My Commission Expires Mar. 17, 2004 File No.01-0114 DGR - THE SOURCE FOR LEGAL SUPPORT 47 Bloomfield Avenue, Caldwell, NJ 07006 (973) 403-1700 FAX (973)403-9222 WORK ORDER No. 201988 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. Trapnell, William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 a/k/a aka ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Defendants 2002, ORDER AND NOW this [ ~ day of ~,~ , as a good faith reasonable investigation was performed to ascertain Defendants whereabouts in accordance with Pennsylvania Rule of Civil Procedure 430, it is hereby ORDERED AND DECREED that service of Plaintiff's Notice under Pennsylvania Rules of Civil Procedure 3129 and any other Notices related thereto in connection with this action is to be made in the following manner: 1. By posting a copy of the 3129 Notice on the most public part of the property as well as any other Notices related thereto on the most public part of the property; 2. By certified mail to the Defendants' last known address; 3. By regular, first-class mail to the Defendants' last known ~. Plaintiff is to file a Certification of Service showing that above mailings were sent by certified mail and regular, first- class mail. Plaintiff is not required to ]provide a Certification that those mailings were received by Defendant(s). It is further ORDERED AND DECREED that the posting and Certified and first-class mail of the Notices under Pennsylvania Rules of Civil Procedure 3129 and any other Notices related thereto pertaining to this case shall constitu~0od BY,THE~ Jo 2 r Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. William C. Trapnell, William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 Elizabeth M. Trapnell, Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 a/k/a aka ACTION OF MORTGAGE FORECLOSURE Term No. 01-5748 CIVIL TERM Defendants Certification of Service David B. Comroe, Esquire, Attorney for Plaintiff in the above captioned matter, hereby certifies that in accordance with the Order of Court dated December 16, 2003, copies of the Notice of Sale in Mortgage Foreclosure were served upon the Defendants by Certified Mail and Regular, First-class Mai]. on December 23, 2003. David B. Comroe, Esquire Attorney for Plaintiff SWORN~.,TO AND SUBSCRIBED before me Notary Public .... ........ 1 For Accountable Mail ~--~1[~o~ ~ I ---70021 -- 20301 ~ 1~00011 --- 31951 1221,~9 I o~ t~ .~ co ~o --- e-~ ~-~-°'2~z ) ~ 7002203000013135 2193 ~8~-' " '?1 '~ ~ ~ ~ "- e=~ ~o ~ ~o~ Conseco Finance Corporation f/k/a Green Tree Consumer Discount Company VS William C. Trapnell a/k/a William C. Trapnell, III and Elizabeth M. Trapnell a/k/a Elizabeth M. Kempasky In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5748 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney David B. Comroe Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 23.46 Levy 15.00 Certified Mail 5.09 Law Journal 307.25 Patriot News 280.15 Poundage 16.24 Postpone Sale 20.00 Out of County 18.00 Dauphin County 29.25 York County 30.95 Posting 6.00 Share of Bills 25.20 $ 868.09 paid by attorney 03/06/03 This j.3 ~ 2003, A.D. day of ~  R. Thomas Kline, Sheriff Prothonotary Real Estat~ Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 5 Writ No. 2001-5748 Civil Cons¢co Finance Corporation, f/k/a Green Tree Consumer Discount Company VS. William C. Trapnell, a/k/a William C. Trapnell, III and Elizabeth M. Trapnell, a/k/a Elizabeth M. Kempasky Atty.: David B. Comroe DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of New Cumberland, (formerly Lower Allen Township), County of Cumber- land and Commonwealth of Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Evergreen Street at the division line between Lots No. 118 and 119 on the hereinafter men- SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 William C. Tra~nell, III and Elizabeth M. Trapnell, a/k/a Elizabeth M. Kempasky Atty.: David B. Comroe DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of New Cumberland, (formerly Lower Allen Township). County of Cumber- land and Commonwealth of Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Evergreen Street at the division line between Lots No. 118 and 119 on the hereinafter men- tioned plan, which point is three hun- dred (300) feet. more or less, from the Northeastern corner of Oak Lane and Evergreen Street; thence in a Southeasterly direction by said di- vision line. at right angles to Ever- green Street, one hundred and forty (140) feet to an unnamed twenty {20) feet wide highway; thence in a Southwesterly direction by the line of the said unnamed highway a dis- tance of fifty (50] feet to a point on the division line between Lots No. 117 and 118; thence in a North- westerly direction along said divi- sion line a distance of one hundred forty (140) feet to the Southerly line of Evergreen Street; thence in a Northeasterly direction by the line of said Evergreen Street a distance of fifty (50) feet to the point or place of beginning. BEING LOT NO. 118 on a Plan of Property of the Levi Brandt Estate, New Cumberland, Cumberland Coun- ty, Pennsylvania, known as Plan 'C', amending a portion of '7 Maples No. 1', recorded in the Recorder of Deeds Office in and for Cumberland Coun- ty, Pennsylvania, in Plan Book '2~, Page 21. Tax Parcel //26-23-0541-189C. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ........................ S A L E #5 Pu~c c ~ ~m~i~ ~ June 6, ~,~~~~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 278.4O $ 1.75 $ 280.15 Publisher's Receipt for Advertising Cost ,:a '., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general le receipt of the aforesaid notice and publication costs and certifies that the same have division Ilne a tll~tllnce oT one nunurec~ mrty (140) feet to ~e Sou~erly line of Eve~reen S~t; ~ence in a No.easterly dir~tion by the line of said Eve~een S~et a dismce of fi~y (50) f~t to ~e point or place of beginning. BEING L~ NO. 118 on a ~ of Pro~ of · e ~vi Br~dt Estate, New Cure.rind, Cure.rind County, Pcnnsylv~ia, known as PI~ "C", ~cnding a ~ion of '~ Maples No. 1", r~ord~ in ~e RecoMer of ~s Office in ~d for Cum~rl~d Count, Pennsylv~ia, in PI~ Book "Z', Page 21. Tax P~el ~6-23-0541-189C.