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HomeMy WebLinkAbout04-2887IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2003 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MITCHELL L. MARKELWITZ TAX PARCEL NO.: 45-17-1044-159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, etsic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: Tax claim upon which the property was exposed for sale: 2001 through 2002 Cumberland County, Cumberland County Library and West Fairview / East Pennsbore Township real estate taxes. 2001- 02 through 2002-03 East Pennsboro Area School District real estate taxes. Total amount of claim, including penalty, cost and interest as of date of tax sale: $3,148.44. Neither the owner, his, her, their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her, their or its heirs, successors or legal representatives, or any other person interested, has caused stay of sale, discharge of tax claim or removal from tax sale. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 25, 2003. Petition for Judicial Sale (Parcel No. 45-17-1044-159) Page 1 Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset price was $ 4,622.08. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. Attached hereto, marked Exhibit "A," and incorporated herein by reference as is fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a reduced copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel number of the property is 45-17-1044-159. The property is situate in the Township of East Pennsboro / West Fairview, Cumberland County, Pennsylvania, and is known as 312 Fourth Street. The names and addresses of all parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through June 30, 2004:$4,925.72 (Includes 2001 through 2003 county/municipal real estate taxes and 2001-02 through 2003-04 School real estate taxes). A lien certificate is attached as Exhibit "B". Alicia D. Stine, Tax Collector 98 S. Enola Drive Enola, PA 17025 2004 County / Municipal taxes at face in the amount of $287.14. A copy of the tax bill is attached as Exhibit "C". Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Petition for Judicial Sale (Parcel No. 45-17-1044-159) Page 2 Mortgage dated July 23, 1999 and recorded in the Office of the Recorder of Deeds in Mort. Book 1562, Page 555 in the amount of $93,981.43. (Exhibit"D") Foreclosure complaint filed in the Office of the Prothonotary on November 14, 2003, docket number 2003-05992. (Exhibit "D") 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Mitchell L. Markelwitz, 312 Fourth Street, West Fairvirew, PA 17025. WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Date: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 45-17-1044-159) Page 3 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Dated: ~/,,7//~j ~/ Me Issa F. Mixell, DirectOr Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 45-17-1044-159) Page 4 HOME FAX: 570~374-4761 CUMBERLAND, PERRY, DC~4CPf'HN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 P.M.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON) PHONE: 717-240-6374 and 637'3 FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THATALLAPPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: Cumberland County Tax Claim Bureau ORDER # Melissa F. Mixell OWNER TO BE SEARCHED: Mitchell L. Markelwitz PREMISES: GRANTOR(S): GRANTEE(S): DATE OF DEED: RECORDED: Cumberland County, West Fairview 312 Fourth Street Mitchell L. Markelwitz and Shari L. Markelwitz, husband and wife Mitchell L. Markelwitz July 23, 1999 August 5, 1999 DEED BOOK: CONSIDERATION: Deed Book 205, Page 439 $1.00 COVER DATE: May 7,2004 (FROM 4/10/1997 via 155-585: $77,208.04) PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE(S): $93,981.43 (open end); Mitchell L. Markelwitz TO: Green Tree Consumer Discount Company; dated Jly 23, 1999; recorded August 5, 1999 in Mortgage Book 1562, Page 555. not assigned. JUDGMENT (S): FEDERAL TAX LIEN (S): COMPLAINT IN FORECLOSURE: Green Tree Consumer Discount Company vs. Mitchell L. .Markelwitz; filed November 14, 2003 to # 2003-05992. None TAX CLAIM BUREAU: 2001; 1697.70+ SECURED TRANSACTIONS (RECORDER'S OFFICE - LIENS): None 2002: 1620.42+ 2003: 1553.84+ ASSESSMENT TAX PARCEL# 45-17-1044-159 land; 12,600 bldg: 76,020 DATE: May 10,2004 PLEASE REM~'¢~TO:HARVEY P. MURRA~ JR.,RO. BOX11, SELINSGROVE, PA17870 THANK YOU This Indenture MADEth¢.. 23rd deyof .~uly 1999. · i9.~. co BI~TWEEN Mitchell b, Mark~ ~ 8had L, Msrk~M~, hus~d ~ wl~ (a 2/3 ~ in~esO aM Jfm~ R. ~e (a 1/3 ~t=refO, Or~ors, ~ and Mitchell L. Markel~it~, Granti:e: irAis h a tax exempt transfer from Ausband and wife and Her brother to Imsband only. WITNE.qSETH, .hat tho Grantors in co=idaratinn of One Dollar ($1,00) to .hem paid by the Grantee do grant, bargain, sell and convey unto the Grantee, his heirs and assigns, l'al,-,-L-,~, County of Cmnberland, and Commonwealth of PenoeyJvanla, being bounded and described according to e.~urvey made by Oerrit ]. Bet~, Registered Surveyor, dated Jun~ 8, 1~76, as follows: BEGINNING at a point on .he western side of Fourth (formerly EaJlrnad) Street; said point bcidg 155.5 f~i north ofll~ northern curb line of Cherty Street: thence extending along Lot No. tho bcidw mentioned plan of the lot South 57 dagr=~ We~t 140 feet to the eastern line of a 20 fe~t wide alley; thence along the alley North 33 degrees We. st 30 feet to a corner of Lot No. 23 an thc plan of lots; thence along Lot No. 23 North 57 degrees East 140 feet to a point un wasteru side of Four.h Street: thence along Fourth Sitter South 33 degrees East 30 feet to point and placo of BEGINNING. Having .hereon erected a dwelling house known and numbered as 312 Fourth Street, West Fairview, Pennsylvania. BEING the same prembes which, by their Deed dated April ~O, 1997 and recorded in the Office of the Recorder of Deeds for Cumberland County, P~nosylvaida, et Deed Book 155, page 585, Willia~n B, Hershey, Jr., C~rlatine M. Hershey, William B. Hershey, St,, and Judith A, I~lersh~y granted and conveyed unto Mitchell L. Markelwitz and Sharl L. Markelwitz, husband and wife, and James R. Eagle, Grantors herald. Under lind ~bjeet to any and all covenants, ccoditlo~, reservations, t~strlndons, iintltatlans, risht..of-ways, obJeetion~, ~a~mante, agreements, etc., as they appear of record. With the appurtenances: TO HAVE AND TO HOLD .he sams unto an~ for thu us~ of Grantee, his heirs and a~lg~ forever, EXHIBIT A heirs and aselsns usaimt ali lawful clahnants the satr~¢ and every part thercof to Specially NOTICE * THIS DOCUMENT MAY NOT/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO TIIE COAL AND RIGHT OF SUPPORT UNDERNEATI! THE SURFACE LAND DESCRIBED OR REFERRED TO ttEREIN, AND TIlE OWNER OR OWNERS OF SUCH COAL MAY IlAVFJHAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY IIOUSE, BUILDING OR OTHER STRUCTUI~ ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR E~TATE,q OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED EY WITNESS the hands and seals of thc Grantors. WITNESS: MJtcllell L. Markelwitz ,~ ShariL. Markelwtt.~-~ _ de de ) SS. COU~Y OF ~erla~ ) un8mtg~ o~r, pe~e~ly a~e~ Mitchell L. Markelwi~, 5herl L M~kclwi~ J~ R. ~le, ~ to mc (or antbf~torfly provcn) to be ~e p~r~ whos~ names subscribed to ~ wltb~ ~t~t ~d acknow]~S~ that ~ey cx~u~ the s~c for ~e ' M~'~sion Ex~im: Nota~ Public EXHIBIT RECORDBD NUMBER DEED VOl,. (ADOPTED) PAGE FROM Mitchell L. Markelwttz mhd Shaft L, Matkelwltz and ~..~ , James R. F.a~le, ~'~' .';~ ~ ~3 ~"~t ~..~. · · 2 TO Rocorded i~ the off{~ for the recordin9 ol De,ds 8oo~ 20~ P~G[ 441 /~ Mechanl~bur8, PA 17055 EXHIBIT A DATE: 6/04/2004 CUMBERLAND COUNTY TAX CLAIM BUREAU ONE'COURTROUSE SQUARE CANLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-6354 TIME: 14:04:53 TAX LIEN CERTIFICATE AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF THIS DOCUMENT CERTIFIES THAT TME TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, 6/04/04, ARE AS FOLLOWS. SITUS-312 PROPERTY- DESC ******** DIST/CTL 45 387 ******** M3LRKELWITZ, MITCHELL L 312 FOURTH STREET WEST FAIRVIEW PA 17025 FOURTH STREET -LOT 24 DB 6G PG 600 -Residential Building BOOK/PAGE 00205 00439 LAND USE R ACREAGE .100 VALUE 88,620 VALUE C&G 45~EAST PENNSBORO/WEST FAIRVIEW 21250~EAST PENNSBORO AREA S.D. STATUS J RECEIPT DATE CODE DESCRIPTION NO TAX PENALTY INTEREST 01/16/02 200 CTY-WEST FAIRVIEW EP 157.66 15.77 34.22 01/16/02 250 CLB-WEST FAIRVIEW RP 9.13 .91 2.03 01/16/02 300 MUN-WEST FAIRVIEW EP 78.70 7.87 17.11 01/16/02 400 $CM-E PENNSBORO ANEA 952.67 95.27 207.35 2001 TAX TOTAL 01/16/02 201 FILING FEE 03/12/02 202 POSTAGE RET & CLAIM 07/10/03 207 POSTAGE SALE NOTICE 07/17/03 206 SALE PREPARATION 07/28/03 208 SHERIFF SERVICE 07/28/03 209 POSTING UPSET SALE 05/26/04 215 MORTGAGE SEARCH 2001 FEE TOTAL 2001 YEAR TOTALS & BALJ~NCE ESTIMATED BALANCE DUE NEXT MONTH 01/22/03 200 CTY-WEST FAIRVIEW EP 181.32 01/22/03 250 CLB-WEST FAIRVIEW EP 8.13 01/22/03 300 MUN-WEST FAIRVIEW EP 78.70 01/22/03 400 SCH-E PENNSBORO ANEA 1026.22 01/22/03 201 FILING FEE 02/13/03 202 POSTAGE RET & CLAIM 10/24/03 209 POSTING UPSET SALE 10/31/03 204 POSTING RETURN/CLAIM CERT MAIL-R/C 247711 CERT MAIL-SALE MAP NO 45-17-1044-159 BALANCE DUE PAGE INT ADDER EACH MO .07 .S9 7.15 CH~GES PAYMENTS 207.65 12.07 103.68 1255.29 1578.69 15.00 5.00 8.00 50.00 30.00 20.00 25.00 153.00 1731.69 .00 1731.68 1740.68 8.99 18.13 23.12 222.57 1.36 .91 1.19 11.23 .07 7.87 10.03 96.60 .59 102.62 130.90 1259.74 7.70 2002 TAX TOTAL 1590.14 15.00 5.00 20.00 2002 FEE TOTAL 40.00 2002 YEA~ TOTALS & B~CE 1630.14 .00 1630.14 9.72 ESTIMATED BALJ%NCE DUE NEXT MONTH 1639.86 01/16/04 200 CTY-WEST FAIRVIEW EP 181.32 18.13 6.80 206.25 1.36 01/16/04 250 CLB-WEST FAIRVIEW EP 9.13 .91 .35 10.39 .07 01/16/04 300 MUN-WEST FAIRVIEW EP 78.70 7.87 2.95 89.52 .59 01/22/04 400 SCH-E PENNSBORO AREA 1070.53 107.05 40.15 1217.73 8.03 2003 TI~X TOTAL 1523.89 15.00 5.00 20.00 01/16/04 201 FILING FEE 02/23/04 202 POSTAGE RET & CLAIM 04/21/04 204 POSTING RETURN/CLAIM TA2( LI~N CERTIFICATE CONTINUED PAGE ~ ***~**** DIST/CTL 45 387 ******** RECEIPT BALANCE INT ADDE£ DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 2003 FEE TOTAL 40.00 2003 YEAR TOTALS & BALkNCE 1563.89 .00 ESTIMATED BALANCE DUE NEXT MONTM 1563.89 10.05 1573.94 CLAIM TOTALS 4925.72 .00 4925.72 28.76 ESTIMATED TOTAL DUE NEXT MONTH 4954.48 MISC RECEIPTS .................................................... 11/07/03 960 LIEN CERTIFICATE 35118 5.00 IF TAXES ADE ~SCROWED. FORWARD THIS 5~LL TO YOUR MORTGAGE CO $1 .oo FEE EACH ADD'L COPY OR RECEIPT AUCIA O. STINE, TREASURER 98 S ENOLA DR. RM 101 ENOLA, PA 17525-2796 MAP NO: 45-17-1044-159 312 FOURTH STREET ACRES 1130 DEED 00205/00439 LOT 24 DB6GPG600 Res.~enlial Building RESIDENTIAL MARKELWITZ, MITCHELL L 3t2 FOURTH STREET WEST FAIRVIEW PA 17025 Control No: 045-000387 COUNTY OF C~JMI~ERLAND REMINDER COPY 2004, Slalemellt o! Real E~a'le Texas 36,020 ' 0 Ol.~ount TAX AMOUNT DUE ----> $2a?.4o Bill NO: 4054 Bill Date: 3/0112004 $287.14 $315.86 r¢~c~ MONDAY THRU THURSDAY 9:05-4:00 ou~: CLOSED FRIDAYS AND HOLIDAYS PHONE (717} 901-9392 7243 EXHIBIT C OPEN-END MORTGAGE ~°~ MORTGAGO~ Mitchell L Markelwitz ~- t in Cumberland EXHIBIT D PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2003-05992 GREEN TREE CONSUMER DISCOUNT Reference No..: Case Tv]De ..... : COMPLAINT MORT FORE Ju~gmeh% ..... ~ .~0 Judge AssigneG: Disposed Desc.: ............ Case Comments ............. (rs) MARKELWITZ MITCHELL L Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date Higher Crt 1.: Higher Crt 2.: li/14/2003 3:23 o/oo/oooo o/oo/oooo General Index Attorney Info GREEN TREE CONSUMER DISCOUNT PLAINTIFF COMROE DAVID B COMPANY 7360 S KYRENE ROAD MSD FORCLOSURE UNIT TEMPE AZ 85282 MARKELWITZ MITCHELL L DEFENDANT 312 4TH ST ENOLA PA 17025 * Date Entries * ............. FIRST ENTRY .............. 11/14/2003 COMPLAINT - MORTGAGE FORECLOSURE Case Type: COMPLAINT - MORT FORE Ret Type.: Not Served LitiganT.: MARKELWITZ MITCHELL L Address..: 312 4TH STREET Cty/St/Zp: ENOLA, PA 17025 Costs .... : $59.05 Pd By: COMROE HING 12/12/2003 Addl Comments.: UNABLE TO SERVE PRIOR TO EXPIP~ATION ALTHOUGH Addl Comments.: NUMEROUS ATTEMPTS WERE MADE. RULE OF CIVIL PROCEDURE 430 - BY DAVID B COMROE ESQ FORECLOSURE - BY POSTING A COPY BY CERTIFIED MAIL TO THE DEFT'S LAST KNOWN ADDRESS - BY REGULAR FIRST CLASS MAIL TO THE DEFT'S LAST KNOWN ADDREWSS AND BY REGULAR FIRST CLASS MAIL AND BY PUBLISHING NOTICE OF THE COMPLAINT ONE TIME IN THE CUMBERLAND COUNTY LAW JOURNAL - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 2/24/2004 SHERIFF'S FILE RETURNED FILED. case Type COMPLAINT - MORT FORE Ret Type.: Regular L±t±ga~h. MJtRKELWITZ MITCHELL L Address.. 312 4TH STREET Cty/St/Zp: ENOLA, PA ~?025 Hn~ To: POSTED PROPERTY AT 312 4TH STREET ENOLA, PA Shf/~ty.: ROBERT BITNER Date/Time: 02/23/2004 2252:00 Costs .... : $44.35 Pd By: COMROE HZNG 02/24/2004 AVID B COMROE FOR PLFF .............. LAST ENTRY .............. * Escrow Information * * Fees & Debits Be~ Bal Pvmts/Adj End Bal * COMPLAINT 35.00..oo '°°:EXIIlilIT TAX ON CMPLT .50 .50 .00 SETTLEMENT 5 . 00 5 . 00 . 00 AUTOMATION 5 . 00 5 . 00 . 00 JCP FEE 10.00 10.00 .00 PYS510 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2003-05992 GREEN TREE CONSUMER DISCOUNT Reference No..: Ju~gmenhCase Type ..... ..... % : COMPLJtINT.0-0MORT FORE Juage Assignea: Disposed Desc.: ............ Case Comments (rs) MARKELWITZ MITCHELL L 55.50 55.50 Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date. Higher Crt 1.: Higher Crt 2.: .00 11/14/2003 3:23 o/oo/oooo o/oo/oooo * End of Case Information * EXHIBIT D IN RE.' UPSET TAX SALE OF SEPTEMBER 25, 2003 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MITCHELL L. MARKELWITZ TAX PARCEL NO.: 45-17-1044-159 AND NOW, this RULE TO day of IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 SHOW CAUSE Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable ~z.~.z/.~-/,26 , 2004 at <~:'mA.M~N~M in Courtroom Number ~ , at Cumberland County Courthouse,/,,O'nne Courth/q/~e Square, Carlisle, Pennsylvania. J. June 2004, upon consideration of the within SHERIFF'S RETURN - REGULAR CASE NO: 2004-02887 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJ~ND CUMBERLAND CO TAX CLAIM BUREAU VS MARKELWITZ MITCHELL L CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon CUMBERLJ~ND CO UNTY TAX CLAIM BUREAU the DEFENDANT , at 1130:00 HOURS, on the 13th day of July , 2004 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 JULIE KURTZ a true and attested copy of RULE AND PETITION by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 3.70 .//~____~ Af f idavi t . 00 ~ ~' -~ C Surcharge 10.00 R. Thomas Kline .00 19.70 00/00/0000 Sworn and Subscribed to before me this /D ~ day of ~Pgothonot ary ~ -- SHERIFF'S RETURN - REGULAR CASE NO: 2004-02887 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MARKELWITZ MITCHELL L SHAWN HARRISON , Cumberland County, Pennsylvania, says, the within RULE AND PETITION was served upon STINE ALICIA D TAX COLLECTOR DEFENDANT , at 1549:00 HOURS, on the 22nd day of July at 98 S ENOLA DRIVE ENOLA, PA 17025 by handing to ALICIA STINE a true and attested copy of RULE A/qD PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 27.10 Sworn and Subscribed to before me this ~ day of B~r~thonotary ' ! SO Answers: R. Thomas Kline oo/oo/oooo By: SHERIFF'S RETURN - REGULAR CASE NO: 2004-02887 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MARKELWITZ MITCHELL L SHAWN HARRISON , Cumberland County, Pennsylvania, says, the within RULE AND PETITION EAST PENNSBORO SCHOOL DISTRICT DEFENDANT , at 1540:00 HOURS, at 890 VALLEY STREET ENOLA, PA 17025 BETTY ERDMAN, SECRETARY a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 22nd day of July , 2004 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 27.10 Sworn and Subscribed to before me this /D~ day of ~3~ A.D. ! Prothonotary ' So Answers: R. Thomas Kline 00/00/0000 By: SHERIFF 'iS RETURN - CASE NO: 2004-02887 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS. MARKELWITZ MITCHELL L U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFEND~kNT ,GREEN TREE CONSUMER DISCOUNT , COMPANY by United States Certified Mail postage prepaid, on the 9th day of July ,2004 at 0000:00 HOURS, at 7360 S KYRENE ROAD MSD FORECLOSURE UNIT TEMPA, AZ 85282 , a true and attested copy of the attached RULE AND PETITION Together with , The returned receipt card was signed by P.D. 07/14/2004 Additional Comments: on Sheriff's Costs: Docketing 6.00 Cert Mail 5.11 Affidavit Surcharge 10.00 21.11 Paid by Sworn a~d subscri~d to before me this /0~ day of ~ A.D. t~ro~honotary Sheriff of Cumberland County on 00/00/0000 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02887 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MARKELWITZ MITCHELL L R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT MARKELWITZ MITCHELL L unable to locate Him RULE AND PETITION ,Sheriff or Deputy Sheriff, who being a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 312 FOURTH STREET WEST FAIRVIEW, PA 17025 , NOT FOUND , · MARKELWITZ MITCHELL L 312 FOURTH STREET WEST FAIRVIEW IS VACANT. THERE IS NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 11.84 Not Found 5.00 Surcharge 10.00 44.84 / R. Thomas Kline Sheriff of Cumberland County 07/23/2004 Sworn and subscribed to before me this /D ~ day of A.D. 'Pr~t~ionot ary as to IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2003 HELD THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MITCHELL L. MARKELWITZ TAX PARCEL NO.: 45-17'1044'159 IN THE, COURT OF COMMON PLEAS OF CUMBERLAND BY COUNTY, PENNSYLVANIA NO. 2004-2887 ORDER OF COURT AND NOW, this 26th day of August, 2004, this matter having been called, and the solicitor for the Tax Claim Bureau having represented that there is a problem with service, the matter is continued generally to the call of the Bureau. Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor Edgar B~-Ba ~Y,/ Tax Claim Bureau to serve owners and creditors per petition mfm