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Home My WebLink About03-5992Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 T erm (~ Defendant CIVIL ACTION: FORECLOSURE - COMPLAINT :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CA/qNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc 7 N. Hanover St. Carlisle, Cumberland County Courthouse 717-240-6200 or 717-243-9400 PA 17013 or Court Adminsitrator, Carlisle, PA 17013 T~qS IS A PROCi ?: -7'7~ ~UZFOSE WHICH IS TO COLLEC? A DEBT AND A?~¥ INFOR~A~ON OB%~7~D ~.OM YOU A~O~ ~E ~L B~ USED TO T~T AVISO USTED HA SIDO DEMANDADO/A ENCORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando pemsonalmente o por medio de un abogado una comparecencia e$crita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demanda$ presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo pot cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SUABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LA PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Legal Services, Inc 7 N. Hanover St. Carlisle, Cumberland County Courthouse 717-240-6200 or 717-243-9400 PA 17013 or Court Adminsitrator, Carlisle, PA 17013 1. Plaintiff is Green Tree Consumer Discount Company, with its principal offices at 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85282. 2. Defendant is Mitchell L. Markelwitz, with an address as set forth above. 3. On July 23, 1999 Mitchell L. Markelwitz executed and delivered a Mortgage upon premises hereinafter described to Green Tree Consumer Discount Company, which mortgage was recorded in the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1562, at page 555 on August 5, 1999. 4. This mortgage has not been assigned. 5. The premises subject to said Mortgage are known as 312 4th St., Enola, PA 17025 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendant is the record and real owner 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 August 1, 2003, 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, together with late charges and other recoverable sums and attorney's fee are now due and payable payment is still due for the month of July, of $314.44. forthwith. A partial 1, 2003 in the amount THIS I~ A PROCESS THE 1WJRPOf;E OF WHICH I~ TO COLLECT A DEBT AND ANY INIWDRMATION OBTAIN~D FROM YOU OR ANYON~ ELSB ~ BE US]~D TO TI/AT ~ 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 FIVE HUNDRED NINETY FIVE DOLLARS AND 44 CENTS ($595.44). 9. The Mortgage: following amounts are therefore due and owing on said (a) Principal Debt (b) Late Charges at $59.54 per month from 08/01/2003 to 11/09/2003. (c) Interest from 07/01/2003 through 11/09/2003 at $13.83 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) Partial monthly payment for July, 2003 TOTAL AMOUNT DUE $90,529.96 $178.62 $1,825.69 $6582.05 $4,526.50 $335.00 $115.50 $1,733.18 $314.44 $106,140.94 In addition, interest at the rate of $13.83 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 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 Defendant 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 Defendant 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 Defendant in the sum of $106,140.94 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: November 9, 2003 Respectfully submitted, Comroe Hing LLP SupremeCourtI.D. Attorneys Esq4~ire 25694 for Plaintiff 5 VERIFICATION 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. DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being bounded and described according to a Survey made by Gerrit J. Betz, Registered Surveyor, dated June 8, 1976, as follows: BEGINNING at a point on the Western side of Fourth (formerly Railroad) Street; said point being 155.5 feet North of the Northern curb line of Cherry Street; thence extending along Lot No. 25 on the below mentioned Plan of the Lot South 57 degrees West 140 feet to the Eastern line of a 20 feet wide alley; thence along the alley North 33 degrees West 30 feet to a corner of Lot No. 23 on the Plan of Lots; thence along Lot No. 23 North 57 degrees East 140 feet to a point on the Western side of Fourth Street; thence along Fourth Street South 33 degrees East 30 feet to the point and place of beginning. HAVING thereon erected a dwelling house known and numbered as 312 Fourth Street, West Fairview, Pennsylvania. Tax Parcel//45-17-1044-159 Green Tree Mortgage Services Division 7360 South Kyrene Rd Tempe, AZ 85283 Date of Notice: SEPTEMBER 2, 2003 MITCI-~LL MARKELWITZ 312 4TH ST ENOLA, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN AD JUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEN1DO DE ESTA NOTIFICACION OBTENGA [rNA 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 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU I-m>OTECA. GRE TREE SEPTEMBER 2, 2003 Green Tree Mortgage Services Division 7360 South Kyrene Rd Tempe, AZ 85283 TO: MITCHELL MARKELWlTZ 312 4TH ST ENOLA, PA 17025 Loan No.: 6904474761 SSN: 161560763 Mortgaged Premises: 312 4TH ST ENOLA, PA 17025 FROM: Green Tree Consumer Discount Company ("Green Tree") HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE. ELIGIBLE FOR FINANCIAL ASSISTANCE WltlCH CAN SAVE YOUR HOME FROM FORECLOSURE AND ItELP YOU ~ FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: .... IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, .... IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND .... ~ YOU MBET 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 of this 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 this Notice. TillS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. ff YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TH/S NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES .... 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 of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only Green Tree Mortgage Services Division ?360 South Kyrene Rd Tempe, AZ 85253 consumer credit counseling agencies have applications for the program and they wilt assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TI-[E OTHER TIME PERIODS SET FORTH 1N 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. 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 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: 312 4TH ST, ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHJLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 7/1/03 $314.44, 8/1/03 $595.44, 9/1/03 $595.44, $, $. Other charges (explain/itemize): Late Charges $1852.26, NSF Fee: $20.00, Escrow: $0.00, FT Taxes Advanced: $0.00, FP-INS PRIN: $0.00. TOTAL AMOLrNT PAST DUE: $3377.58. B. YOU I:LAVE FAILED TO TAKE,THE FO!,LOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT .... You may cum the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3377.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Green Tree, 7360 South Kyrene Rd, Tempe, AZ 85283 (do not send cash). 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 e~ercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount 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. Green Tree Mortgage Services Division 7360 South Kyrene Rd Tempe, AZ 85283 IF TI-IE MORTGAGE IS FORECLOSED UPON .... The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES .... The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE TI-IE DEFAULT PRIOR. TO SHERIFF'S SALE .... If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus m~y late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE .... It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what tbe required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Green Tree Address: 7360 South Kyrene Rd, Tempe AZ 85283 Phone Number: 800-279 9416 F~ Number: 88.8-221-7375 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE .... You should realize that a Sheriff's 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 Sheriff's 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) sell or transfer 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 s?le and that the other requirements of the mortgage are satisfied. .GREEr, TREE Green Tree Mortgage Services Division 7360 South Kyrene Rd Tempe, AZ 85283 YOU MAY ALSO HAVE THE R/GHT: .... 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 R/GHT 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 PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List Cc: Customer File Note: This letter altd ail subsequent cummultications Ovt~tten and/or oral) are ia'sued as part of att attempt to collect a debt and arty information abtained will be used for that purpose. SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-05992 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CL~MBERLAND GREEN TREE CONSUMER DISCOUNT VS MARKELWITZ MITCHELL L R. Thomas Kline according to law, says, that the within named DEFENDANT MARKELWITZ MITCHELL L unable to locate Him COMPLAINT - MORT FORE , Sheriff , who being duly sworn he made a diligent search and inquiry for , to wit: but was in his bailiwick. He therefore returns the the within named DEFENDANT NOT SERVED , as to MARKELWITZ MITCHELL L 312 4TH STREET ENOI~A, PA 17025 UNABLE TO SERVE PRIOR TO EXPIRATION ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. Sheriff's Costs: Docketing 18 Service 31 Affidavit Surcharge 10 59 00 O5 00 00 00 OS 7R ThOmas Kline Sheriff of Cumberland County COMROE HING 12/Z2/2003 Sworn and subscribed to before me this [giG day of ~ Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Mitchell L. Markelwitz Term 312 4th St. No. 03-5992-CIVILTERM Enola, PA 17025 Defendant :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT UNDER PENNSYLVANIA RULE OF CIVIL PROCEDURE 430 against 2. address as "several attempts were made" but unable serve. No alternate address was found. 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 Defendant's whereabouts by the following action: a. inquiry of postal authority; b. inquiries of neighbors; c. examination of local telephone directories; Plaintiff filed a Complaint in Mortgage Foreclosure Defendant on November 14, 2003. Service upon Defendant was not made at property to 3 do 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 Defendant with fact sheet on inquiries of Postal Authority; inquiries telephone directories; examination of voter's of neighbors; examination of local examination of local tax records, and registration records. Based upon this reasonable investigation, no new address of Defendant 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 Defendant's 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. Co~ing LL P~~ . D~id B. Comroe, Esquire VERIFICATION David B. Comroe, Esquire, Attorney for Plaintiff, 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. SHERIFF'S RETURN - NOT SERVED 'CASE NO: 2003-05992 P COMHONWEALTH OF PENNSYLVANIA cOUNTY OF CUMBERL/LND GREEN TREE CONSUMER DISCOUNT VS HARKELWITZ HITCHELL L R. Thomas Kline , Sheriff according to law, says, that he made a diligent the within named DEFENDANT to wit: MARKELWITZ MITCHELL L who being duly sworn search and inquiry for but was unable to locate Him in his bailiwick. He therefore returns the .COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT MARKELWITZ MITCHELL L 312 4TH STREET ENOLA, PA 17025 UNABLE TO SERVE PRIOR TO EXPIRATION ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. Sheriff's Costs: Docketing 18.00 Service 31.05 Affidavit .00 Surcharge 10.00 .00 59.05 So answers LR. Thomas Kline Sheriff of Cumberland County COMROE HING 12/12/2003 Sworn and subscribed to before me this day of A.D. Prothonotary ~N TH~ COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA Docket No. ST GREEN TREE CONSUMER DISCOUNT CO. MITCHELL L. MARKELWITZ - against - , Plaintiff (s) , 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: MITCHELL L. MARKELWITZ AND THAT AFTER DUE SEARCH, CAREFUL INQUIRY AND DILIGENT ATTEMPTS AT THE RESIDENCE: 312 4TN STREET ENOLA PA 17025 ALTERNATE: UNKNOWN THE FOLLOWING INFORMATION IS 12/31/04 12/31/03 12/31/03 12/31/03 12/31/03 12/31/03 12/31/03 12/31/03 12/31/03 12/31/03 NAME: ADD: SS#: DOB: TELE CURRENTLY AVAILABLE ON SEARCH FILES: SKIP TRACE RECORDS INDICATE A CURRENT ADDRESS AT: MITCHELL L. MARKELWITZ 312 4TH AVENUE ENOLA, PA 17025 161-56-0763 07/12/1960 NO TELEPHONE LISTING FOUND FOR 312 4TH AVENUE ENOLA, PA UNDER THE LAST NAME "MARKELWITZ". SKIP TRACES INDICATE NO OTHER. FORWARDING OR CHANGES OF ADDRESSES ON FILE AT THIS TIME. ALL RECORDS INDICATE THIS ADDRESS AS CURRENT ON ALL FILES AT THIS TIME. LOCAL TAX RECORDS INDICATE SUBJECT'S L/K/A AS 312 4TH STREET, ENOLA, PA. VOTER REGISTRATION INDICATES NO RECORD FOUND FOR MITCHELL L. MARKELWITZ. TELEPHONE DIRECTORY, PHONE DISC AND DIRECTORY ASSISTANCE INDICATES NO LISTINGS FOUND. I ATTEMPTED TO LOCATE A NEIGHBOR WHO MAY HAVE FURTHER INFORMATION REGARDING THE ABOVE SUBJECT, LEFT SEVERAL MESSAGES ON NEIGHBOR'S ANSWERING MACHINES AS NO ONE WAS AVAILABLE TO SPEAK WITH. NO RETURN CALLS HAVE BEEN RECEIVED. I ATTEMPTED TO CONTACT A POSSIBLE RELATIVE, JORDAN MARKELWITZ IN HARRISBURG, PA (TELE # 717-526-4473), NEVER ANY ANSWER AND NO ANSWERING MACHINE. UNABLE TO SPEAK WITH ANYONE AT THIS TIME. POSTAL INQUIRY INDICATES NO FORWARDING OR CHANGE OF ADDRESS ON FILE AT THIS TIME. THE ABOVE IS THE MOST CURRENT INFORMATION ON FILE FOR THIS SUBJECT AT THIS TIME. THERE ARE NO OTHER FORWARDING OR CHANGES OF ADDRESS ON FILE AT THIS TIME. File No.03-0383 * CONTINUED ON NEXT PAGE * DGR - THE SOURCE FOR LEGAL SUPPORT 47 Bloomfield Avenue, Caldwell, NJ 07006 (973) 403-1700 FAX (973)403-9222 WORK ORDER No. 247167 kN ~E COURT OF COMMON PLEAS OF CUMBERLAND CO. PENNSYLVANIA , Docket No. ST GREEN TREE CONSUMER DISCOUNT CO. MITCHELL L. MARKELWITZ - against - ,Plaintiff(s) ,Defendant(s) I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THAT THE ABOVE INFORMATION IS TRUE AND IS PROVIDED BASED UPON DUE DILIGENCE AND C~EFUL INQUIRY. SEARCHER: KIM GI~,,N . SWORN AND SUBSCRIBED TO BEFORE ME THIS 2o, K ~O~RY PUBLIC OF NEW J~SEY Ny Co~,,~i~sioi~ Exoires Mar. 17, 20~ File No.03-0383 DGR - THE SOURCE FOR LEGAL SUPPORT 47 Bloomfield Avenue, Caldwell, NJ 07006 (973) .403-1700 FAX (973)403-9222 WORK ORDER No. 247167 GREEN TREE CONSUMER DISCOUNT COMPANY, PLAINTIFF MITCHELL L. MARKELWITZ, DEFENDANT AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-5992 CIVIL TERM ORDER OF COURT day of February, 2004, IT IS ORDERED that service of the complaint in mortgage foreclosure and any other notices to defendant may be made as follows: 1. By posting a copy of the original process in accordance with Pa,R.C.P. 400.1 as amended, and any other documents on the most public part of the property; 2, By certified mail to the defendant's last known address; 3, By regular, first-class mail to the defendant's 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; and 5, By publishing notice of the complaint one time in the Cumberland County Law Journal. By the Court, :sal Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 vs. Plaintiff Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-5992-CIVILTERM 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 Defendant on November 14, 2003. 2. Service upon Defendant was not made at property address as "several attempts were made" but unable to serve. No alternate address was found. 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 Defendant's whereabouts by the following action: a. inquiry of postal authority; b. inquiries of neighbors; c. examination of local telephone directories; Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 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. Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 ACTION OF MORTGAGE FORECLOSURE Term No. 03-5992-CIVILTERM Defendant ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::. · . · · · . · · 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 Mitchell 1. Markelwitz by Posting the premise and by certified mail, return receipt required, and by regular first class mail with certification of service per Court Order dated February 9, 2004. DATED: February 13, 2004 Comroe Hing LLP BY: {D~.[~B./ Co'roe, Es~ Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Mitchell L. Markelwitz Term 312 4th St. No. 03-5992-CIVILTERM Enola, PA 17025 Defendant 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 February 9, 2004, copy of the Complaint in Mortgage Foreclosure were sent to the Defendant by Certified Mail and Regular, First-class Mail o~uary 23, 2004. David B. Comroe,~uire Attorney for Plaintiff SWORN TO AND SUBSCRIBED before~e this ~%4~-~ day of ~otary Public NOTARIAL SEAL Sharon A. Goldenberg, Notary PuUic City o! Philadelphia, Phila. Cowry LM¥ Commission Expires Jan. 24, 2005 , 2004. SHERIFF'S RETURN - REGULAR CASE NO: 2003-05992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS MARKELWITZ MITCHELL L ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon MARKELWITZ MITCHELL L DEFENDANT , at 1252:00 HOURS, at 312 4TH STREET ENOLA, PA 17025 POSTED PROPERTY AT 312 a the on the 23rd day of February , 2004 by handing to 4TH STREET ENOLA, PA true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Posting 6.00 Surcharge 10.00 .00 44.35 Sworn and Subscribed to before me this ~t_ day of 7~, ~L~ A.D. So Answers: R. Thomas Kline 02/24/2004 COMROE HING By: Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff vs. Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-5992-CIVILTERM favor of the to file an action within twenty (20) days from the date Complaint and assess Plaintiff's damages as PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment in the amount of $108,908.44 in Plaintiff and against the Defendant for failure Answer in the above of service of the follows: (a) (b) 08/01/2003 to 05/24/2004. (c) Interest from 07/01/2003 05/24/2004 at $13.83 (d) Principal Debt Late Charges at $59.54 per month from through Total Escrow Deficit to date $90,529.96 $535.86 $0.00 $4,550.39 $6,582.05 {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 DATED: May 24, 2004 Damages asRessed as abov~ this ~Ci. dar~/.x..,x~¢_~ $4,526.50 $335.00 $1,733.18 $0.00 $108,908.44 B~ctfully~ubmitted, o~LP David Bx-~V~2mroe, Esquire Attorney for Plaintiff 2 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 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. Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 ACTION OF FORECLOSURE Term No. 03-5992-CIVILTERM Defendant ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc 7 N. Hanover St. Carlisle, PA 17013 or Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 or 717-243-9400 Court Adminsitrator, AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVERERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Legal Services, Inc 7 N. Hanover St. Carlisle, PA 17013 or Court Adminsitrator, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 or 717-243-9400 DATE OF SERVICE: March 15, 2004 ~,~?~3~L~, '~'~'~ ~rf A ?~{~"~.~,L.~.~.,%Uf AFFIDAVIT STATE OF ARIZONA : COLr~Ty OF MARICOPA.' : SS RE: Ruth Hernandez oath deposes and says: 1- That I am employed servicer of the mor~gage~ 2. premises 3. d es iqned · being first duly sworn on by the Plaintiff herein as That the captioned individual(s) are the c~ners of described in the mo~-tgage or deed of EL-USE. That the collection procedures cf the Plaintiff are to discover facts concerning the title, cider's occupations and military status. 4. That said procedures were the cum-renu delinquency. 5. That, on information and belief, followed in connection with that captioned military service. titleholders are not incompeLenn or in any branch of the Ruth Hernandoz, Foreclosure ~anagor Sworn Lo and stlbscri~ed before me this 5th day of November , 200'~. NOT3~R Comroe Hing LL? By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 300 Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Mitchell L. Markelwitz Term 312 4th St. No. 03-5992-CIVILTERM Enola, PA 17025 Defendant :: ................................... ::::::::::::::::::::::::: 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. Attorney for Plaintiff Sworn to and subscribed before me thif~.~ ' ~~&~k~'aY o~ ~4~.[ , 2004. Notary Public ~------ NOTARIAL SEAL 'baron A, Goldenberg, Noisy ~ ?it,' of Philadelphia. Phila. Co~[y .... '¥ Commission Expires Jan. 24, 2005 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 3OO Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff VS. ACTION OF MORTGAGE FORECLOSURE Mitchell L. Markelwitz Term 312 4th St. No. 03-5992-CIVILTERM Enola, PA 17025 Defendant 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 were served upon the Defendants by Certified Mail and Regular, First-class Mail on March 15, 2004. e, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me Notary Public ~ Ci~of PhiladelPhi~.Phi~.UoumY_ / _,/,~ Commission__ ~xll~'res',~ $2-~, 2~_~ ...... , 2004. PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 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 Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: ACTION OF MORTGAGE FORECLOSURE Term No. 03-5992-CIVILTERM 312 4th St., Enola, PA, 17025 See Exhibit "A" attached (Costs to be added) AMOUNT DUE $108,908.44 Interest from 5/24/04-9/8/04 @5.50% $ 1,755.96 Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being bounded and described according to a Survey made by Gerrit J. Betz, Registered Surveyor, dated June 8, 1976, as follows: BEGINNING at a point on the Western side of Fourth (formerly Railroad) Street; said point being 155.5 feet North of the Northern curb line of Cherry Street; thence extending along Lot No. 25 on the below mentioned Plan of the Lot South 57 degrees West 140 feet to the Eastern line of a 20 feet wide alley; thence along the alley North 33 degrees West 30 feet to a corner of Lot No. 23 on the Plan of Lots; thence along Lot No. 23 North 57 degrees East 140 feet to a point on the Western side of Fourth Street; thence along Fourth Street South 33 degrees East 30 feet to the point and place of beginning. HAVING thereon erected a dwelling house known and numbered as 312 Fourth Street, West Fairview, Pennsylvania. Tax Parcel #45-17-1044-159 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5992 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MITCHELL L. MARKELWITZ (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 ganfishee(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 garmshee, you are directed to notify him/her that he/she has been added as a ganfishee and is enjoined as above stated. Amount Due $108,908.44 L.L. $.50 Interest FROM 5/24/04 - 9/8/04 ~ 5.50% - $1,755.96 Atty's Comm % Due Prothy Atty Paid $185.40 Other Costs Plaintiff Paid Date: JUNE 2, 2004 (Seal) REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: COMROE }lING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPItlA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 $1.00 CURTIS R. LONG Prothono~/ Deputy Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215}568-0400 Attorney for Plaintiff Identification No.: 25694 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. Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 ACTION OF MORTGAGE FORECLOSURE Term No. 03-5992-CIVILTERM 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, 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 312 4th St., Enola, PA, 17025 to be sold at Sheriff's Sale on September 8, 2004. As 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 receipts or proof of mailing are manner of service, as noted in following codes: 1. Personal Service by the Sheriff or Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 notice together with return attached as Exhibits. The the margin, utilizes the in accordance with 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: May 24, 2004 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 3OO Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-5992-CIVILTERM Defendant ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PA, 17025 in CUMBERLAND sold at Sheriff's Sale CUMBERLAND County to obtained by Green Tree TO: Mitchell L. Markelwitz Your property at 312 4th St., Enola, County, Pennsylvania is scheduled to be on September 8, 2004, at 10:00 AM, in enforce the Court Judgment of $108,908.44 Consumer Discount Company against you. NOTICE OF OWNERIS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take iramediate action: 1. The sale will be canceled if you pay to Comroe Hing LLP, attorneys for the Plaintiff, the back payraents, 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 b±d price by calling the Cumberland County Sheriff's Office at 1-717-240- 6390. 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 717-240-6390. 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 distribuEion 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 9APER 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 HEL~. Legal Services, Inc 7 N. Hanover St. Carlisle, PA Adminsitrator, Cumberland County Courthouse 717-240-6200 or 717-243-9400 17013 or Court Carlisle, PA 17013 THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Township of East Permsboro, County of Cumberland and Commonwealth of Pennsylvania, bering bounded and described according to a Survey made by Gerrir J. Bet,z, Registered Surveyor, dated June 8, 1976, as follows: BEGINNING at a point on the Western side of Fourth (formerly Railroad) Street; said point being 155.5 feet North of the Northern curb line of Cherry Street; thence extending along Lot No. 25 on the below mentioned Plan of the Lot South 57 degrees West 140 feet to the Eastern line of a 20 feet wide alley; thence along the alley North 33 degrees West 30 feet to a comer of Lot No. 23 on the Plan of Lots; thence along Lot No. 23 North 57 degrees East 140 feet to a point on the Western side of Fourth Street; thence along Fourth Street South 33 degrees East 30 feet to the point and place of beginning. HAVING thereon erected a dwelling house known and numbered as 312 Fourth Street, West Fairview, Pennsylvania. Tax Parcel 845-I7-1044-159 DESCRIPTION ALL THAT CERTA/N piece or parcel of land, situate, lying and being in the Township of East Pem~sboro, County of Cumberland and Commonwealth of Pe~zasylvaina, being bounded and described accorcling to a Survey made 1~7 Gerrit J. Betz, Registered Surveyor, dated June 8, 1976, as follows: BEGINNING at a point on the Western side of Fourth (formerly Railroad) Street; said point being 155.5 feet North of the Northern curb line of Cherry Street; thence extending along Lot No. 25 on the below mentioned Plan of the Lot South 57 degrees West 140 feet to the Easrera line of a 20 feet wide alley: thence along the alley North 33 degrees West 30 feet to a corner of Lot No. 23 on the Plan of Lots; thence along Lot No. 23 North 57 degrees East 140 feet to a point on the Western side of Fourth Street; thence along Fourth Street South 33 degrees East 30 feet to the point and place of beginning. HAVING thereon erected a dwelling house known and numbered as 312 Fourth Street, West Fairview, Pennsylvania. Tax Parcel #45-17-1044-159 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 3OO Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Mitchell L. Markelwitz Term 312 4th St. No. 03-5992-CIVILTERM Enola, PA 17025 Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 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 312 4th St., Enola, PA, 17025: 1. Name and address of Owner or Reputed Owner: Mitchell L. Markelwitz 312 4th St. Enola PA 17025 2. Name and address of Defendant Mitchell L. Markelwitz 312 4th St. Enola PA 17025 in the judgment: Date Service Code 2,3 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Name and address of mortgage of record: the Date IService Code last recorded holder of every Date Service Code 5. Name and address of every interest in or record lien on may be affected by the sale: other person who has any record the property and whose interest Date Service Code 6. Name and address of every other person has knowledge who has any record interest may be affected by the sale. Date Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 of whom the plaintiff in the property which Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle PA 17013 Service Code Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle PA 17013-3387 7. Name and address of every other person of whom has knowledge who has any interest in the property affected by the sale. the plaintiff which may be (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND j~ SS: I, Robert P. Ziegler, Recorder of Deeds in mad for said County and State do hereby certify that the SherifFs Deed in which Green Tree Cons Disc Co is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 2nd day of June, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5992, at the suit of Green Tree Cons Disc Co against MitchellL Markelwitz is duly recorded in Sheriff's Deed Book No. 265, Page 2017. IN TESTIMONY WHEREOF, I have hereunto set my hand ~4 and seal of said office this cfi ?~ day of .&~u4 ,A. D2004 , ~ ~/ ~Q~~ RecorderofDeeds~ Green Tree Consumer Discount Company VS Mitchell L. Markelwitz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5992 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 7:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Mitchell L. Markelwitz, by posting the premises located at 312 4th Street, Enola, Cumberland County, Pennsylvania with a tree copy of the within action, pursuant to order of court, according to law. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 7:30 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 Mitchell L. Markelwitz located at 312 4th Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Mitchell L. Markelwitz, by regular mail to his last known address of 312 4th Street, Enola, PA 17025. This letter was mailed under the date of July 14, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 8, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney David Comroe for Green Tree Consumer Disconnt Company. It being the highest bid and best price received for the same, Green Tree Consumer Discount Company of 7360 S. Kyrene Rd., Tempe, AZ 85282, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $749.24. Sheriffs Costs: Docketing $30.00 Poundage 14.69 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.84 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 214.25 Patriot News 270.97 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 749.24 This //~ day of ~c~ ~ . R. Thomas Kline, Sheriff 2004, A.D. t~ ~f~.c.,, ~ ,! ~ C ' //; Pr'othonotary B Y ~ 0 ~ ~J ~ Real Esta{~ Deputy Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure gnit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Mitchell L. Markelwitz Term 312 4th St. No. 03-5992-CIVILTERM Enola, PA 17025 Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 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 312 4th St., Enola, PA, 17025: 1. Name and address of Owner or Reputed Owner: Mitchell L. Markelwitz 312 4th St. Enola PA 17025 2. Name and address of Defendant Mitchell L. Markelwitz 312 4th St. Enola PA 17025 in the judgment: Date Service Code 2,3 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IOat__e Service Code 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 Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle PA 17013-3387 7. Name and address of every other person has knowledge who has any interest in the affected by the sale. of whom the plaintiff property which may be 2 (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:F~/ ~ Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY, PLAINTIFF MITCHELL L. MARKELWITZ, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-5992 CIVIL TERM ORDER OF COURT day of February, 2004, IT IS ORDERED that service of the complaint in mortgage foreclosure and any other notices to defendant may be made as follows: 1. By posting a copy of the original process in accordance with Pa.R.C.P. 400.1 as amended, and any other documents on the most public part of the property; 2. By certified mail to the defendant's last known address; 3. By regular, first-class mail to the defendant's 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; and By publishing notice of the complaint one time in the Cumberland County Law Journal. :sal - By the Court, rRUE COPY FROM RECORD tn T~t~meny wl'~rr~:fl. ~ here unto ~ my hand and ~ ~1 ~f ~d ~n at ~,,~, ~. ~otho~ Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Mitchell L. Markelwitz 312 4th St. Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-5992-CIVILTERM TO: Mitchell L. Markelwitz Your property at 312 4th St., Enola, PA, 17025 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on September 8, 2004, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $108,908.44 obtained by Green Tree Consumer Discount Company against you. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5992 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHER/FF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MITCHELL L MARKELWITZ (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 ganfishee(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 dehvering any property of the defendant (s) or otherv4se 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. AmotmtDue $108,908.44 L.L. $.50 Interest FROM 5/24~04 - 9/8/04 ~ 5.50% - $1,755.96 Atty's Corem % Arty Paid $185.40 Plaintiff Paid Date:JUNE 2, 2004 Due Prothy Other Costs (Seal) REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: COMROE HING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 $1.00 CURTIS R. LONG Deputy Real Estate Sale #46 On June 15, 2004 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 312 4th Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2004 Real Estatg Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIAo' COUNTY OF CUMBERLAND 'o SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cttmberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of tbe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE ~LE NO. 46 Writ No. 2003~5992 Civil Green Tree Consumer Discount Company VS. Mitchell L. Markelwitz Atty.: David Comroe DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylva- nia, being bounded and described according to a Survey made by Gerrit J. Betz, Registered Surveyor. dated June 8, 1976, as follows: BEGINNING at a point on the Western side of Fourth (formerly Railroad} Street; said point being 155.5 feet North of the Northern (.~Lisa Marie Coyne, IEditor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notan/Public Carlisle Boro, Cumberland Cotmty My Commissior~ E~ires Mam~ 5, 2005 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Palrint- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in thc City, County and State aforesaid; that The Patriot-News and Thc Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Compuny is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publicatiun are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patrint-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book Volume 14, Page 317. PUBLICATION COPY SALEg46 Member, Pennsylvania~oclal~lNoi~ri~ ~~' , ..... ~ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 270.97 Publisher's Receipt for Advertising Cost 31isher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ledge receipt of the aforesaid notice and publication costs and certifies that the same have