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HomeMy WebLinkAbout01-05748 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Term No. 01-5748 CIVIL TERM Defendants ............................................................ ............................................................ O R D E R AND NOW this t 0 day of ? , 2002, 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; DEC 1 9 02 6. Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. By certified mail to the Defendants' last known address; 3. By regular, first-class mail to the Defendants' last known addre`1s.gVMV IP%5 vQjl?-Q CNVCQ- Ai /he ? •![ bAk ALL".-C 5. 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 constitute good BYI\THE COU k s J. 2 ,:?. u: S? cv ?,? L J..i ,j c c.r CD C7 1n Comroe Hing LLP By: David B. Comroe 1508 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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 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 430, 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. 4 K 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. Comr i LLP BY: David B. Comroe, 5 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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. Co'm`rrooe?Hing LLP BY via d B. Comroe, Esquire Attorney for Plaintiff ti 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. David B.GC`mroe, Esquire 7 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 Term 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 locate 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, Sheriff of the 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 return 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 true 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 Day of 2002, A.D. Prothonotary So Answer R. Thomas Kline, Sheriff B Rea Est to eputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA Docket No. CONSECO FINANCE SERVICING CORP. Plaintiff(s) against - WILLIAM C. TRAPNELL, III Defendant(s) AFFIDAVIT OF DUE AND DILIGENT SKIP TRACE REPORT I, THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE OF EIGHTEEN YEARS AND NOT A PARTY TO THE ACTION, ATTEMPTED TO LOCATE THE FOLLOWING INDIVIDUAL FOR SERVICE OF PROCESS: WILLIAM C. TRAPNELL, 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. # 7.17-774-6463 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 NEIGHBORS. DIRECTORY ASSISTANCE INDICATES .A NON-PUBLISHED NUMBER 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 ADDRESS 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 FORWARDING 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 * CONTINUED ON NEXT PAGE * 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. 201988 '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA CONSECO FINANCE SERVICING CORP. - against - WILLIAM C. TRAPNELL, III Docket No. ,Plaintiff(s) ,Defendant(s) SWORN AND SUBSCRIBED TO BEFORE ME THIS ,21 sT DAY OF D1?rn?? 20°y JOSEPH L. DESCAFANO NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 17, 2004 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. 201988 Corp ?? -.-r ._ w .. -a>an?«wen ?swr- ' +==,-amW- ? ll .-..?.? z • SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS TRAPNELL WILLIAM C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TRAPNELL WILLIAM C III but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, 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 Cc 35.25 Mileage 11.75 84.00 10/31/2001 COMROE HING So answe R. Thomas Klin Sheriff of Cumberland County Sworn and subscribed to before me this ;2 " day of A.D. ) nn othonota in his bailiwick. He therefore i a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS TRAPNELL WILLIAM C ET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and 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 - MORT FORE County, Pennsylvania, to On October 31st , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/31/2001 COMROE HING So answei fl , _ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 1.2 `" day of A. D. S )2i j;? , iD Prothondt r to wit: in his bailiwick. He therefore I ' r . 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 Commonwealth of Pennsylvania County of Dauphin CONSECO FINANCE CORP ITS TRAPNELL ELIZABETH M Sheriff's Return No. 2932-T - - -2001 OTHER COUNTY NO. 01-5748 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:October 15, 2001 at 8:21PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon TRAPNELL WILLIAM C III by personally handing to HIM 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3753 BRISBAN ST HBG, PA 00000-0000 Sworn and subscribed to before me this 23RD day of OCTOBER, 2001 PROTHONOTARY So Answers, Sheriff of Dauphir/1CVunty, Pa. By De uty Sheriff Sheriff's Costs: $35.25 PD 10/12/2001 RCPT NO 155282 COOK Office Of Q o$4rrf f f . I M 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 Commonwealth of Pennsylvania County of Dauphin J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy CONSECO FINANCE CORP vs TRAPNELL ELIZABETH M Sheriff's Return No. 2932-T - - -2001 OTHER COUNTY NO. 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 WILLIAM TRAPNELL, SAYS DEFENDANT MOVED TO YORK COUNTY. Sworn and subscribed to before me this 23RD day of OCTOBER, 2001 D PROTHONOTARY So Answers, )?41(- Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $35-25 PD 10/12/2001 RCPT NO 155282 (f) JUTr,e of le o$4ext f f In The Court of Common Pleas of Cumberland County, Pem sytvania Conseco Finance Corporation Vs. William C. Trapnell III et al SERVE: Elizabeth M. Trapnell No. 01 5748 civil Now, 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 upon at by handing to _ a and made known to 20 , at o'clock M. served the copy of the original So answers, Sheriff of Sworn and subscribed before me this y day of 20_ COSTS SER NFiCE 5 MILEAGE AFFIDAVIT the contents thereof. County, PA Now, 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 upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT 20_, at o'clock M. served the copy of the original County, PA I N O T I C E 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 ? ghtzs important to your -ZTc YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU,D `' c, NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE'--)THE-,b OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEG"I 11 LP;z10? Cumberland County Bar Association £ ??, ? c 2 Liberty Ave., Carlisle, PA 17013 THIS IS 1 F'a0 ?°v c?tE.P ' "" cam' C (717) 249-3166 WHICH IS TO COLLECT A DEBT D Mew INFORMATION OBTAINED FROM Yd 3 ANYONE ELSE WR L BE USED TO THAT ENL Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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, William C. Trapnell, III 330 Evergreen St. New Cumberland, PA 17070 and Elizabeth M. Trapnell, Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 Defendants a/k/a Term ?C? No . Ol - S7YP Cw TRUE CORM FROM RECORD aka In T? tI X`r'e ": BB € , i heir n1 a set m hared and the G ` , z nil Court at cariid4o, Pa. This ?ay LDc:L, Proth otary CIVIL ACTION: FORECLOSURE - COMPLAINT .............................................................. .............................................................. Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE A V I S 0 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. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. 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 CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. 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, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Aue., 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 TFIS IS A PRO BSS f- P'J i21 t. WF,IC H IS -f-O COLL EC'.C A bll'BT A N+ ID A. RgFOEtMATION OBTA119ED FROM YOU C;l ANYONE ELSE W .L+ BE USED TO THAT EN a 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 DOLLARS 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 Bya? David e, SupremeCourtI.D. 25694 Attorneys for Plaintiff 5 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 belief ti Ruh Hernandez, Foreclosure Manager 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 LAW OFFICES COMROE HING LLP SUITE 1400 1700 MARKET STREET (215) 568-5560 DAVID B. COMROE GLENN F. RING ROBERT J. WILSON BLAIR KALISH ADLER DATE: August 24, 2001 To: 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 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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARAUN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ?.C, 1' J /? F?•i.?,?v'*t.., ,'' n X5s L f3IC 1 IS TO COLLEC''T A DEBT iiltD. C Ij INFORMATION OBTAINED FROM YOU OR ANYONE Fr SE WILL BE USED TO THAT END. HOMEOWNERS NAME(S): PROPERTY ADDRESS: Elizabeth M. Trapnell William C. Trapnell 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 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 ofthis 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 CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed at the end ofthis notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting. The names and addresses and teleuhone numbers ofdesignated of this notice. It is only necessary to schedule one of your intentions. Advise your 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 ofyour 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 ofthis Notice. Only Consumer credit counseling agencies have applications for the program and theywill assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUSTbe filed orpostmarked 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 FOLLO W 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 every respect. The Pennsylvania Housing Finance Agency hag 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 yourproperty 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 $ 7,960.14 March 1, 2001 through August 24, 2001 payments at $1,326.69 each Late Charges $ 796.02 March 1, 2001 through August 24, 2001 payments at $132.67 each Misc. $ 75.00 TOTAL AMOUNT PAST $ 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 ofthe date ofthis 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. Pavments must be made eitherhv cash- -1 W0. 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 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 ofthis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If fall payment ofthe 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 property. HOW TO CONTACT THE LENDER Name of Creditor: Conseco Finance Corporation, fka Green Tree Consumer Discount Company . Address: 7360 S. Kyrene Road, Tempe, AZ 85282 Phone Number: 1-888-315-8733 Fax Number: 1-480-333-6457 Contact Person: Customer Service EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff s Sale will end your ownership ofthe mortgaged property and your right to occupy it. Ifyou continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started bythe 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 POSITIONAS IF NO T)EFAULTHAD OCCURRED, IF 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 ADEFAULT 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 Very truly yours, 6? AVID B. COMROE, ESQUIRE CERTIFIED MAIURETURN RECEIPT REQUESTED This is aprocess the purpose ofwhich is to collect a debt and any information obtained from you or anyone else will be used to that end. FAX (5 lui , AweCgan Carlisle Red C Street s-Hanover Chapter Hanover, PA 17331 (419) 637-3768 FAX (717) 637-3294 of Western Pennsylvania, Inc. CCCS , lestown Road H200burg PA 17102 Adams County Housing Authority Carlisle 139-143 Gettysburg, PA17325t (717) 334-1516 YORK COUNTY Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 CCCS of Western Pennsylvania, Inc 912 South George Street York, PA 17403 (717) 846-4176 FAX (717) 334-8326 (P-B. Du No, 99-699. FUe far public w pe . April 2, 1999, 9:00 ..m.l PENNSYLVANIA BULLETIN, VOL 29, NO. 14, APRIL 3,, 1999 111 win, "Mm - LAW OFFICES COMROE HI NG LLP SUITE 1400 1700 MARKET STREET (215) 566-5560 - DAVID B. COMROE GLENN F. HING ROBERT I. WILSON BLAIR KALISH ADLER DATE: August 24, 2001 To: William C. Trapnell aka 330 Evergreen Street William C. Trapnell, III New Cumberland, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE you meet with the Counseling Agency. LA NOTIFICACION EN AD7UNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING 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 LAPERDIDADEL DERECHO AREDINIIR SU HIPOTECA. WHICH IS TO COLLECT A DTBT AND ANY kiFORIVIATION 0BTAINED FROM YOU OR ANTONE ELSE WILL BE' USED TO THP? T END -., 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. HOMEOWNERS NAME(S): PROPERTY ADDRESS: Elizabeth M. Trapnell William C. Trapnell 330 Evergreen Street New Cumberland, PA 17070 LOAN ACCT. NO.: 690425008. ORIGINAL LENDER: Greentree consumer Discount Company. CURRENT LENDEWSERVICER: Conseco Finance Corporation, fka Green Tree Consumer Discount Company HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 ofthis 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 CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting. The names and addresses and telephone numbers ofdesi2nated of this notice. It is of of your intentions. your creditor immediately APPLICATION FOR MORTGAGE ASSISTANCE--Yourmortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofyour 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 EmergencyMortgage 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 forthe program and theywill assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed orpostmarked 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 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 IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Monthly Payments $ 7,960.14 March 1, 2001 through August 24, 2001 payments at $1,326.69 each Late Charges $ 796.02 March 1, 2001 through August 24, 2001 payments at $132.67 each Misc. $ 75.00 TOTAL AMOUNT PAST $ 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 ofthis 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. Pavments must be made eitherhv cash- 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 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 ofthis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment ofthe 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 uRoon your mortgaged property. HOW_TO_CONTACT THE LENDER Name of Creditor: Conseco Finance Corporation, fka Green Tree Consumer Discount Company Address: 7360 S. Kyrene Road, Tempe, AZ 85282 Phone Number: 1-888-315-8733 Fax Number: 1-480-333-6457 Contact Person: 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 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, 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 PAYOFF 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 IF NO DEFAULT HAD OCCURRED, IF 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 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 Very truly yours, DAVID B. COMROE, ESQUIRE CERTIFIED MAIL/RETURN RECEIPT REQUESTED This is a process the purpose ofwhich is to collect a debt and any information obtained from you or anyone else will be used to that end. e 1 FAX(5fui ,- 9 Carlisle ReddtCross-Hanover Chapter K?over, PA 17331 (417) 637-3768 FAX (717) 637-3294 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road gartisburg, PA 17102 Adams County Housing Authority 139-143 Carlisle Street C,ttysburg, PA 17325 . (717) 334-1518 pAX (717) 334-8326 YORX COUNTY Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 CCCS of Western Pennsylvania, Inc 912 South George Street York, PA 17403 (717) 8464176 [P..a. Doc N.. 9 Mg. FO?d for public i p. m April 2, 1999, 9M am.) PENNSYLVANIA BULLETIN, VOL 29, NO. 14, APRIL 3, 1999 e . •? R •. ? -r .. a a m M M Fnsaue ? Postage p -_-- p i'D elihed Fee -0 Certified Fee S Postmark S Return RnceiPt Fan Here Return Receipt Fee - - O (5nocrsement Required) C3 ILi (Endorsement Required) O Restricted Delivery Fee O Restrlctad Delivery Fee p (Endorsement Reoovedl C3 (Endorsement Required) O Total Postage & Fees $ E3 Total Postage & Fees 9 --Flliam- C'..Txapnell? ZII------------------ a ' p Sheet, Apf. No.; or l'O Sox No- p 3N3 0- EvexgTeen..S.tI£.p-t---------.._.--....----_-_-- O ---- -------- O Ciry. State. Zlp_ - E=I r` ew Cumberland PA 17070 rp I Lclli? FOelmars Here A & - A SE'Ro4 z ) ?V P?l ?r 8 Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Term -T No. 01- S'Yy (Ilut. C /" CIVIL ACTION: FORECLOSURE - COMPLAINT .............................................................. .............................................................. N O T I C E 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 1'tIIS IS APREX PROCESS ilfL U c?° 2 Liberty Ave., Carlisle, PA 17013 WMCHIS TO COLLECT ADEBT AND AN" (717 ) 249-3166 INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL. BE USED TO THAT END' Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE A V I S 0 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. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. 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 CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. 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, LLAME AL "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, i PAS IS A PROCESS TIIE 3 WHICH IS TO COLLECT A DEBT AND AN'. INFORMATION OBTAINED DONE YOU OR A1,71ONE ELSE WILL BE USED TO THAT 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 DOLLARS 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 By: David SupremeCourtI.D. 25694 Attorneys for Plaintiff 5 VERIFICATION Muth 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 bjelieq Ruth Hernandez,-Foreclosure Manager 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 LAW OFFICES COMROE HING LLP SUITE 1400 1700 MARKET STREET (215) 568-5560 DAVID B. COMROE GLENN F. HING ROBERT J. WILSON BLAIR KALISH ADLER DATE: August 24, 2001 To: Elizabeth M. Trapnell aka Elizabeth M. Kempasky 330 Evergreen Street New Cumberland, PA 17070 ACT 91 NOTICE TAIKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE you meet with the Counseling Agency. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGAUNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARAUNPRESTAMO POREL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUALPUEDE SALVAR SU CASA LAPERDIDA DEL DERECHO A REDINIIR SU HIPOTECA. , WRICH IS TO COLLECT ,z-\y,DE;;T PI INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL. BE USED TO THAT END. 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. HOMEOWNERS NAME(S): PROPERTY ADDRESS Elizabeth M. Trapnell William C. Trapnell 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 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 ofthis 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 CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed at the end ofthis notice, the lender mayNOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and telephone numbers of designated of thisnotice. It is onlynecessaryto schedule one of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth laterin this Notice (see followingpages for specific information about the nature ofyourdefault.) 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 orpostmarked 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 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(L36ng it up to dateA. 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 $ 7,960.14 March 1, 2001 through August 24, 2001 payments at $1,326.69 each Late Charges $ 796.02 March 1, 2001 through August 24, 2001 payments at $132.67 each Misc. S 75.00 TOTAL AMOUNT PAST $ 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 ofthis 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. Pavments mustbe made eitherhv caeh_ .,??. . 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 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. Thismeans thatthe entire outstanding balance ofthis debtwillbe considered due immediately andyoumay lose the chance to paythe mortgage in monthlyinstallments.If full payment ofthe total mountpast 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 property. HOW TO CONTACT THE LENDER Name of Creditor: Conseco Finance Corporation, fka Green Tree Consumer Discount Company . Address: 7360 S. Kyrene Road, Tempe, AZ 85282 Phone Number: 1-888-315-8733 Fax Number: 1-480-333-6457 Contact Person: Customer Service EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership ofthe mortgaged property and your right to occupy it. Ifyou 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, 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 ANOTHERLENDING 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 IF NO 15EFAULT HAD OCCURRED, IF 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 THENONEXISTENCE OF ADEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERTANY OTHER DEFENSE YOUBELIEVE YOUMAYHAVE TO SUCH ACTIONBY 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, DAVID B. COMROE, ESQUIRE CERTIFIED MAIL/RETURN RECEIPT REQUESTED This is a process the purpose ofwhich is to collect a debt and any information obtained from you or anyone else will be used to that end. FAX (5" ,..-.-,,. __ YOR% COUNTY Council of an Cross-Hamover Chapter H o ri North George Street 116 c 9e 5 rover, PA 17331 York, PA 17401 ( 717) 637-3768 (717) 854.1541 AX (717) 637-3294 FAX (717) 845-7934 F CCCS of Western Pennsylvania, Inc. CCCS of Western Pennsylvania, Inc 912 South George Street d 0 York, PA 17403 _ bu g, PA 17102 Il (717) 84611176 Adams County Housing Authority 139.143 Carlisle Street Gettysburg, PA 17325 - - , FAX (717) 334-8326 W&B. Ike No. 99-699. Fna for public immpe m April 2. 1999. 9:00 a.m.] PENNSYLVANIA BULLETIN, VOL 29, NO. 14, APRIL 3,, 1999 LAW OFFICES COMROE DING LLP SUITE 1400 1700 MARKET STREET (215) 568-5560 DAVID B. COMROE GLENN F. RING ROBERT J. WILSON BLAIR KALISH ADLER DATE: August 24, 2001 To: William C. Trapnell aka William C. Trapnell, III 330 Evergreen Street New Cumberland, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGAUNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUALPUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO AREDIMIR SU HIPOTECA. F, vF iAR S A1''.Yi.GC-Ellis 1 1-° 1 t.i i..s WHICH IS TO COLLECT A DEB' AND ANY RdFORMATION OBTAINED FROM YOU OR A rYQNE ELSE SVILL BE USED TO THAT END 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. HOMEOWNERS NAME(S): PROPERTY ADDRESS Elizabeth M. Trapnell William C. Trapnell 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 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 F FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one ofthe Consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU counseling agencies listed at the end of this notice, (30) days after the date ofthis meeting. The names ofthis notice. It is only necessary to of your intentions. --If you meet with one of the Consumer credit lendermavNOT take action asainst you for thirty meeting. 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 ofyour 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 ofthis 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 orpostmarked 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. Theywillbe 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 datel. 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 $ 7,960.14 March 1, 2001 through August 24, 2001 payments at $1,326.69 each Late Charges $ 796.02 March 1, 2001 through August 24, 2001 payments at $132.67 each Misc. $ 75.00 TOTAL AMOUNT PAST $ 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 ofthis 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 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 DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date ofthis Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstandingbalance ofthis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment ofthe 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 Rroperty. HOW TO CONTACT THE LENDER Name of Creditor: Conseco Finance Corporation, fka Green Tree Consumer Discount Company Address: 7360 S. Kyrene Road, Tempe, AZ 85282 Phone Number: 1-888-315-8733 Fax Number: 1-480-333-6457 Contact Person: 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 Sale, a lawsuit to remove you and your furnishings and other b elongings 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 IF NO DEFAULT HAD OCCURRED, IF 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 ASSERT ANY OTHERDEFENSE YOUBELIEVEYOU MAYHAVE 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, DAVID B. COMROE, ESQUIRE CERTIFIED MAIURETURN RECEIPT REQUESTED This is aprocess the. purpose ofwhich is to collect a debt and anyinformation obtained from you or anyone else will be used to that end. FAX (51ul American Fed Cross-Hanover Chapter 529. Carli 17 31 H,nover, PA (117) 637-3768 FAX (717) 637-3294 CCCS of Western Pennsylvania, Inc. Road H Oburg PA 1702 Adams County Housing Authority ,39-143 Carlisle Gettysburg, PA 17325t . (717) 334-1518 FAX (717) 334-8326 YORK COUNTY Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 CCCS of Western Pennsylvania, Inc 912 South George Street York, PA 17403 (717) 846-4176 (PLH. 1l . Ne. 9 ws. Fned for public i»pmuoe Aprl 2, 1999, MO e.=.j PENNSYLVANIA BULLETIN, VOL 29, NO. 14, APRIL 3, 1999 a ca o m s m Or Er- LIT Posta9P S ? Postage $ ,9 CertNed Fee Certified Fee S Postmark S N Return Receipt Fea Hera Return Receipt Fee IEntlorsement Required) )Endorsement Required) O O O Restricted Deliver, Fee 0 Restricted Delivery Fee C3 (Endorsement Required) M (Endorsement Required) O Total Postage & Fees $ - N Total Posta e & Fees 1If ,, 4 rv g . L?? -? Sent To "n -- Willi-am -C=_.-' TrapnelL--III----------------- ? O Street Apt. No.; or PO Box No. -- -------330---Evergr-een--S-tr-e-et------------------------------ o C3 City,Statez ew Cumberland, PA 17070 ° Postmark Here Street. E? r3 i sp lp J ? Comroe Ring 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 and 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 PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES 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 mrri ( Z rl (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 $0.00 (e) Reasonable Attorney's fees as in the above $6,575.73 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 $335.00 (g) Court Filing Charges $115.50 (h) Uncollected Late Charge(s) $75.00 (i) Escrow Credit $0.00 TOTAL AMOUNT DUE $159,731.16 DATED: June 12, 2002 Damages /assessed as above Ate' this -;Zgq day of J Pro Prothonotary 2 Respectfull submitted, C Hin LLP BY: ` 2 David B. Comroe, Esquire Attorney for Plaintiff 2002. _ .. .... _ _.. %ek?saw?'.r:AR®.: aam.. vwi'gn:Rrv wxssi.%X?E+fi?,? ??•?:.ra. .,r u,F:n a. ? .? u:-z-,FA. ? .. ea^smsu ?3ri ,. ... rya-r'n...; .,. - FRi Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 VS. Plaintiff 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 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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, 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 on April, 3, 2002. David B. Comroe, Esquire Attorney for Plaintiff ra o 1 ? r,? -c t-rr Ol t Comroe King LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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. David B. Comroe, Esquire Attorney for Plaintiff Sworn to and subscribed before me this III*- day of-June 2002. "4• Notary Public n NOW tv Of oft I N300Ot .,rte. ? nr -ri n - G r NON-MILITARY AFFID VTT STATE OF Arizona SS COUNTY OF Maricopa FE: u rh Hernandez , being first duly sworn on oath deposes and says: 1. That I am employed by the Plaintiff herein as servicer of the-mortgage.- 2. That the captioned individual(s) are the owners of the premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are designed to discover facts concerning the titleholder's occupations and military status. ?. That said procedures were followed in connection with the current delinquency. 5. That, on information and belief, that captioned titleholders are not incompetent or in any branch of the military service. Ruth Hernandez, Foreclosure Manager 10WRMYNO lC * C7 ? O -o Cr, `? -? -'? T '? r?r; .? r - ?m s ?'r', y ? b ^^ ? ? f3? '" _-` - - ._ ._ _ ."ce?eei?.aawnnuna _,-?i ,?,:?5___ ?? i °r?t? ?F.zg?{aY _ _a3; 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°% David B. Comroe, sg 're Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLPIdentification No.:,25694 By: David B. Conroe 1608 Walnut Street, Suite 300 Philadelphia, F'A 19103 (215)568-0400 _ Attorney for Plaintiff Conseco Finance Corporation, f/k/a Green Tree Consumer - Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 VS. Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 330 Evergreen St., New Cumberland, PA 17070 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 (J L It -k-, 4z 0 S 0 °`0o w w C C C C 0 C S C \ n ^ 1 V a JA ? m l_ ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5748 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSECO FINANCE CORPORATION, F/WA GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From WILLIAM C. TRAPNELL, A/K/A WILLIAM C. TRAPNELL, HI 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 @11.24% - $4,918.84 Atty's Comm % Due Prothy $1.00 Atty Paid $254.36 Other Costs Plaintiff Paid Date: JUNE 21, 2002 CURTIS R. LONG Prothonot (Seal) -By- a7- o r ?p Deputy 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 - "- Certificate To The Sheriff Conseco Finance Corporation, M.C. f/k/a Green Tree Consumer Discount Company C.P. 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 VS. Plaintiff 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 (Circle One) Term No. 01-5748 CIVIL TERM I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an action: 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. II. The 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. The Defendants are: X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B 9111 lip 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. 15)568-0400 Signature: Address: 1608 Walnut Street, Suite 300 Philadelphia, PA 19103-5446 C s`?j "t 711 =cs i= ? ant C .. ? fT ?. z:Fa9;?Tro .e=?K+iws??wg?+ ? yv.r., e v=??,ate':. ?y? ?e +5?+me?ae.._?«.?ms t.,. Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 Family Court r ? ?f Domestic Relations Division l+? Ip One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania ???71U2 l? .? Department of Welfare f P.O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (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 ,wpm Hama Ann AddraS.G of nPfPndAnts in the iudument: Date Service Code 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 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. Moss 514 Woodcrest Drive Mechanicsburg, PA 17055 4. Name and address of the last recorded noider or 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: Date Service Code 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. Date Service Code 2 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 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. Trapnell, III 330 Evergreen St. New Cumberland PA 17070 Elizabeth M. Trapnell aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 1 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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 execution was filed the following information concerning the real property located at 330 Evergreen St., New Cumberland, PA 17070 to be sold at Sheriff's Sale on December 4, 2002. As 4 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 w .wom hmgxom DAVID B. COMROE GLENN F. HING Steven C. Moss and Debbie J. Moss 514 Woodcrest Drive Mechanicsburg PA 17055 June 12, 2002 ROBERT L WILSON BLAIR KALISH ADLER 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 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 sa' schedule. Very r urs, David B. Comroe, Esquire DBC/jb LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-5446 (215) 568-0400 FAX NUMBER (215) 568-5560 w .co=oehing.com DAVID B. COMROE ROBERT S. WILSON GLENN F. RING BLAIR KALISH ADLER 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 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. ry ruly our , c 684?? Davi B. Comroe, Esquire DBC/jb LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-5446 (215) 568-0400 FAX NUMBER (215) 568-5560 w .commching.com DAVID B. COMROE ROBERT I. WILSON GLENN F. HING BLAIR KALISH ADLER Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 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 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. Very. t lyQy urs ar, i David B. Comroe, Esquire DBC/jb LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103.5446 (215) 568-0400 FAX NUMBER (215) 568-5560 w .commehingxom DAVID B. COMROE ROBERT J. WILSON GLENN F. HING - BLAIR KALISH ADLER Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 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 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. Ve y my y urs, a Davi omroe, squire DBC/jb v D a U 2 AD C O ' 9 Om N m O A o m q7 O o. TN O m N o a z° o 3 z fn 3 C m G a g0 H m m FJ m m vn m "tl O a Nz 9 >o ~ Q R ro w ^ l l mm n V C? z 01® pZ A o z cy 00 W M Ln v: 00 W o r G ?® j 4 9 C ° n m Z C I + w , a O > ® Z m 3 D O ?+ o r LI) a wo ?? i ; t + arog?a c 3 r ot ola e Id v N a J V Z 0 0 AD C 0 A O< A ki y 09 o m 0 Shc O E. ry m w c~n O zo r 3 ? °1 CA ° m p O to o G C n y n y m H o M n° ? w ro R W zn m Kl g = A r w r ? . g a r c 1> ? ry o ~ ? Gil v H 9 CD [ ? te p T . g-a m D r ? f A7 O ~ r S z Jul 11 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: C®1V1ROE HI G LLP _t 1608 Walnut fias' S : Suite 300, / 0- Pe Philadelphia, PA 1 -544 y ak One piece of ordinary mail addressed to: P?"A ELIZABETH M. TRAPNELL, AKA ELI 110 EVERGREEN STREET NEW CUMBERLAND, PA 17070 - 1 PS Form 3811, January 2001 Ai R,O here m stamps grrxW{po"anti P?Stmwk'I"Ous of Posbrrastter(pr nnment 4e. ? I4 ;y ?M1t 4 ^; r L.X as£. *reu O- . PROVIDE FOR INSURANCE-POSTMASTER 1? Receved From: CO ROE HI _G P3 1VE ® ??tP r'" PH! One piece of ordinary maN addressed ro: N 9 ? V Z STE E 514 WOOTICREST DRIVE 1 MECHANICSBURG, PA 170555 PS Farm 3091, January 2001 - U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: COMR®E i'$ING T T P 1608 Walnut Street Suite 300 t2 Py aepia, PA M037R K y One piece of ordinary mail addressed to: FAMILY COURT DOMESTIC RELATI01 USE SQUMR I IVI - CARLISLE. PA 17013-3387 r PS Farm 3817, January 2001 ?. m 11 1 "I ter . o A (I Y m - S rtl atege $ i ;. r d "_iWl• t .. r 1 v 8 a N Certified Fee rU Return Reeelpt FOG 8 , a O (Endotsernela RegUtred) . x . _ ' 0 3 O O Restricted DelNery Fee (Entlarsement flequir? .. ...;: "" - - p 7bta1 Postage d Fees l - .n - .. ?' hTT Sent TO _ -_.... _.- E L IZABBTH::k?:._KE AM ,{? q osrPUe'Igal? EVERGREEN STREET 0 - ? of CfBERkid}J; °PYY°? E3 ty Stetq?f?4 AM a ereidstalros or eter postage add pgSSLLmark. Inquire dh PbaNnasterrpr.'1ggL' # feQ? i tl.Q 77 .r,i ;Wft 01 n a?? y..: z? t= ; - ,:;: < ? " 9 - t= ' G.; ::' r_ ?_ ?...{lT _ i ? :' ?- ? ?. -? Cn (? .. ' ? b (°f `1 -? ._ _ ,. .. _ i??q,?'§k4N9riF. ,?fiPT?`vs}.x vx.-:. E.n .. ,, --e__a,?.x :. i.:.-9.., ,,rr.osye;: _ " 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 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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 other 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. 3 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 Identification No.: 25694 By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 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 Term No.. 01-5748 civil term Defendants ............................................................. ............................................................. O R D E R ZCa-2 . AND NOW this day of 2-0-6'1 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 OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE part of the property; EY 4'? 1Rkk k ? ?? ?: ?? { C F its N ... W., ? .... PAAGtlfa.?eaerzwv?rxm?arf34l?wn3RnaFe:?mi5i??£+ its.,, s.'.vvr-.?u v ... =.=r., , .r?s:'-: a.:?^ ? He...w,e..m?c i. vi.:n:.n,'np, get, •. I ! 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. 2 , , Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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. 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: 3 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 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. Com Hing LLP D id B. Comroe, Esquire 4 darer„ ... 11 " loll win 111IR II. I .. Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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. Comroe ing LLP r By : Dav' B. Comroe, Esquire Attorney for Plaintiff 5 ,rs poll 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. D id B. Comroe, Esquire 6 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS TRAPNELL WILLIAM C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: TRAPNELL ELIZABETH M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 31st , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ J Docketing 6.00 ?-: Out of County .00 Surcharge 10.00 Thomas Kline .00 Sheriff of Cumberland County nn L V . V V 10/31/2001 COMROE HING Sworn and subscribed to before me this day of A. D. Prothonotary 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 Commonwealth of Pennsylvania County of Dauphin CONSECO FINANCE CORP, vs TRAPNELL ELIZABETH M Sheriff's Return No. 2932-T - - -2001 OTHER COUNTY NO. 01-5748 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy 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 WILLIAM TRAPNELL, SAYS DEFENDANT MOVED TO YORK COUNTY. Sworn and subscribed to before me this 23RD day of OCTOBER, 2001 SWIM) e-. PROTHONOTARY mffirQ of Q S ert . So Answers, l° a? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $35.25 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 Plaintiff(s) - ELIZABETH M. TRAPNELL ,Defendant(s) AFFIDAVIT OF DUE AND DILIGENT SKIP TRACE REPORT I, THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE OF 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 _ ;u4 , . b,r u SWORN AND SUBSCRIBED TO BEFORE ME THIS 167k4 DAY OF Y 2001 GERALD COLASURo b0TARY KWIC CF NEWJERSEY MY Comr"Slon EXPIMS April 16, 2006 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 C7 G i?a rte -? ' 17 -4 f J t Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 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 December 16, 2003, copies of the Notice of Sale in Mortgage Foreclosure were served upon the Defendants by Certified Mail and Regular, First-class Mail on December 23, 2003. David B. Comroe, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me t is day of 7an.,ac 2003. Notary Public P-?E4TA n?t??. b?d98P pp Y 4+Lf rey tl. . ?:' Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 0 n n 3 O J ? D "u I D I. P w 3y? 3 g S N For Mail r Y z 1 m 1 1 w ro am a 700 2030 0001 3135 2209 ; m •? ?, o m 1 my mumia N m P-M- m z y m 9m mm a 9 ? W h o I ? m ?m gm m m $ • ? C F+' tC { m m rr t" Ci.Y o x u FFF AAA tin M m a tlc; •. ? g n . W C] m [s1 m ry y ° cn a y IT ; Q ? m tl1 i ?. ? T • m o ? O I I I I I I I a m o. 700 2 2030 0001 3 135 2193 m - C,-. m m O m m m O ;p y 5? c 6ma. ? v °oa m ?? ?a m ?m sm A m / I ;N?? f?" m N ? a ?, HT d+ i D <? . n o. !?. 9 n '? Om 90 ,Jr v O, ? " .? ?A v o. g ?. v 3 . m - " 4 '+ m S S S" x' m c ? .i ? m o T Bm T i(.), pr ,n N m ? o s m 11 Fq c° { r 7 C m a == d. w. 3. o ' a e8' fl p?? y ? = mm o ? ? ?j N m O ` m m ? •il ?? .? ..... 3 C C ? O 444Gwiz6M'WP?B m _ m 3a?w 3 ?g°:mo d iO ? ?m Oy y =`Z.x' 'o'2m m no m ?g3Ama Om an m R ?ma g`?Qd mm ? ° 3m u.v o'3 mmmw T9 -. a N?'.'m _ ' ° m?myCO m m'm= m m9 ^w rn ? m Sow m 0 N0m?m ? ?1 •Y Tfll 0 Q_06 ? o _?xmm A m0 2J G' ??m3 Qm m m stn .o. 33 oo°m.m m2 " wm3 . = w3 mO m° ?' d S' m w m nm=? u 9m (n ?.39 m 3 0 = m m m>>xcm m ?nS?m•Z C z O' y Cd c3 0 ? ? ?,? ??r ?tn ? -r, ?. ? ;n.. ? c ?; av . ? ?E? ??` ? ?? J'? ? RA .?? .?? ?? ? ivwir??v?raau??w p'W'3,'•=x;.,. z ?-,. _?- : ..,-.r???3a«I??r e „?i;.r?e..;aAY--: ?iw ?;. 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. 7 David B. omroe, ire Attorney for Plaintiff SWORN TQ AND SUBSCRIBED before me this day oAfO(_43zr , 2002. PLM: U dti? / 4 _ City d Ph 7a Notary Public _. Jaq.2?,. Tr m y ? m m t e S w C ? - I o ?' ?r f7 C7 O G ? ? o Iti F'•• ^' ? L ? a 12 1 1 ' N I ? T Y? L? N t` & ? LL m '[3 G ? t7 G v C ? ? ? y I w ? u Ya Fr ,. C E^+ M ?N PO ? m N W ilk ^ h V T :.: :6 E M L L. CC m m .- A ... H d C [C ? ai `t ?.v ij ?' d W W V , jI 'A. cr rn -` 'c ?l Y ------------ ... w_ Fri... DESCRIPTION ALL THAT CERTAIN piece a.t 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. i 18 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 twtTity C?Q) feet ;vide 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 ime 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 tine of Evergreen Street: thence in ai 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 cm 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 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS TRAPNELL WILLIAM C ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TRAPNELL ELIZABETH M AKA ELIZABETH M KEMPASKY the DEFENDANT , at 1920:00 HOURS, on the 7th day of March 2002 at 330 EVERGREEN ST NEW CUMBERLAND, PA 17070 by handing to POSTED PROPERTY AT 330 EVERGREEN ST. NEW CUMBERLAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 11.73 6.00 10.00 R. Thomas Kline .00 45.73 03/27/2002 COMROE HING Sworn and Subscribed to before By: me this y ?r- day of zb Dn o2lsa,L A. D. rothonotary SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-05748 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS. TRAPNELL WILLIAM C ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ELIZABETH M KEMPASKY ,TRAPNELL ELIZABETH M AKA by United States Certified Mail postage prepaid, on the 6th day of March 2002 at 0000:00 HOURS, at 330 EVERGREEN ST NEW CUMBERLAND, PA 17070 a true and attested copy of the attached COMPLAINT - MORT FORE Together with The returned receipt card was signed by RETURNED AS UNCLAIMED on 00/00/0000 . Additional Comments: Sheriff's Costs: Docketing 6.00 Cert Mail 4.63 Affidavit .00 Surcharge 10.00 .00 20.63 Paid by COMROE HING Sworn and subscribed to before me this- Al?: day of Q" A. D. ?, r. , ? ??othonota y¢ , So answ rs:.- yam, R. Thomas K ine Sheriff of Cumberland County on 03/27/2002 SHERIFF'S RETURN - U.S. MAIL CASE NO: 2001-05748 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS TRAPNELL WILLIAM C ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT TRAPNELL ELIZABETH M AKA ELIZABETH M KEMPASKY , by United States Mail postage prepaid, on the 6th day of March 2002 , at 0000:00 Hours, at 330 EVERGREEN ST NEW CUMBERLAND, PA 17070 a true and attested copy of the attached COMPLAINT - MORT FORE Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 6.00 .00 , , .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County 16.00 COMROE HING 03/27/2002 Sworn and subscribed to before me this y+t!?- day of A. D. Prbthonotary Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 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 Term No. 01-5748 civil term Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY 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 OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Comro?e Hing LLP By: Davi B. Comroe, Esquire T, Mr ?F7: 7 S 1 9 '.n ... i ? ? ,_ ,se rs.•;.;a??: cr# fit=a..=.fi.n .ra ? ,.,.;....,.? n a .,,z ?:. +F xn.=..=..???m+?t ?',_"`-. i v Conseco Finarrce Corporation In The Court of Common Pleas of f/k/a Green Tree Consumer Discount Cumberland County, Pennsylvania Company Writ No. 2001-5748 Civil Term VS 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 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 Sworn and subscribed to before me wers: This /.7 ` day of Sheriff 2003,A.D. R. Thomas Kline, Sheriff By ,? C? Ly dYY? d Prothonotary Real Es? ttat Deputy 90 ISn 13-5 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 and Elizabeth M. Trapnell, aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 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. Trapnell, III 330 Evergreen St. New Cumberland PA 17070 Elizabeth M. Trapnell aka Elizabeth M. Kempasky 330 Evergreen St. New Cumberland, PA 17070 1 . V 2_ Name and address of Defendants in the ludament: Date Service Code 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 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. Moss 514 Woodcrest Drive Mechanicsburg, PA 17055 4. 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: Date Service Code 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. Date Service Code 2 a Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 Family Court Domestic Relations Division Ip One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania III?'Uv ?1( Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (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 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 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 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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 execution was filed the following information concerning the real property located at 330 Evergreen St., New Cumberland, PA 17070 to be sold at Sheriff's Sale on December 4, 2002. As 4 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 v SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-5446 (215) 568-0400 FAX NUMBER (215) 568-5560 w .comr hmg.com DAVID B. COMROE GLENN F. I-IING Steven C. Moss and Debbie J. Moss 514 Woodcrest Drive Mechanicsburg PA 17055 June 12, 2002 ROBERT J. WILSON BLAIR KALISH ADLER 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 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 sa' schedule. Very r lyty urs, David B. Comrce, Esquire DBC/jb