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Home My WebLink About09-7534LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV - Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER Plaintiff, V. TRAVIS L. MELLINGER and DARLENE F. CRAMER (formerly Darlene F. Mellinger) Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: dQ - 753q Civil (erw CIVIL ACTION COMPLAINT IN EJECTMENT 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 AN 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 FALL 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV - Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER Plaintiff, V. TRAVIS L. MELLINGER and DARLENE F. CRAMER (formerly Darlene F. Mellinger) Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: 01- 7539' C" ?trM CIVIL ACTION COMPLAINT IN EJECTMENT COMPLAINT Plaintiff, Joseph R. Cramer, by his attorneys, the Law Offices of Jeffrey N. German avers the following in support of his Complaint against the defendants pursuant to Pa.R.Civ.P. Nos. 1051, et seq. and 1061, et seq.: 1. The Plaintiff is Joseph R. Cramer, an adult individual having a postal address of P.O. Box 43, Lanoka Harbor, New Jersey 08734-0043 (the "Mortgagee" hereinafter). 2. Defendant, Travis L. Mellinger ("Mellinger"), is an adult individual, whose last known address is 298 Creek Road, Newville (Cumberland County), Pennsylvania 17241, and is the mortgagor and owner of the premises hereinafter described. 3. Defendant, Darlene F. Cramer (formerly Darlene F. Mellinger), is an adult individual, whose last known address is P.O. Box 133, Harrisburg, Pennsylvania 17108-0133. 4. On or about March 23, 2005, defendants borrowed from and agreed to repay to Mortgagee the sum of $103,729.50 ("Loan"). As security for the Loan, Defendants executed and delivered to Mortgagee a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon located in West Pennsboro Township, Cumberland County, Pennsylvania, known as 298 Creek Road, Newville, Pennsylvania 17241 (the "Property"). At all times relevant hereto, defendants were and remain the record and sole owners of the Property. 5. On March 30, 2005, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1901, Page 3762. A Note was prepared at the same time as the Mortgage, and, on information and belief, was signed by Defendants at the same time of the Mortgage. 6. Defendants obtained the Mortgage from Cramer in order to purchase the Property in 2005. 7. On or about March 23, 2005, defendants acquired title to the Property from Kirk and Linda Jacobs, and Richard and Sharon Mellinger. Defendants defaulted on the Note and Mortgage and, as the result, on March 17, 2009, plaintiff commenced an action in foreclosure on the Property, which action was pending at docket no. 09-1662 in the Court of Common Pleas of Cumberland County. 9. On or about June 30, 2009, judgment of foreclosure was entered against defendants by the Prothonotary of Cumberland County and damages were assessed against defendants in the amount of $154,379.64. COUNT I - EJECTMENT Plaintiff v. Travis L. Mellinger and Darlene F. Cramer 10. Plaintiff realleges and incorporates herein by reference the averments of paragraphs 1-9 of this complaint as if fully set forth at length. 11. At all times relevant hereto, Mellinger has remained in possession of the premises located at 298 Creek Road, Newville, Pennsylvania (the "Property") 11. Darlene F. Cramer remains a mortgagor of Property although, on information and belief, she is no longer in possession of the Property. 12. Plaintiff is entitled to possession of the Property as he has been granted judgment of foreclosure and is now authorized to sell the Property to satisfy the money judgment in his favor and against defendants. WHEREFORE, Plaintiff, Joseph R. Cramer demands judgment against Defendants, Travis L. Mellinger and Darlene F. Cramer, granting exclusive possession of the Property located at 298 Creek Road, Newville, Pennsylvania, and the ejectment of Defendants from the Property. COUNT II - QUIET TITLE Plaintiff v. Travis L. Mellinger and Darlene F. Cramer 13. Plaintiff realleges and incorporates herein by reference the averments of paragraphs 1-12 of this complaint as if fully set forth at length. 14. In order to sell the Property once possession has been granted to plaintiff, title must be vested in plaintiff. 15. As the result of the judgment of foreclosure, Plaintiff is entitled to have title to the Property awarded to him by the court and have all claims or potential claims of the defendants to the Property extinguished. 16. Plaintiff therefore seeks judgment from the Court quieting title to the Property and awarding title by deed to pass from defendants to plaintiff; or in the alternative, to pass by deed from the Sheriff of Cumberland County to plaintiff. WHEREFORE, Plaintiff, Joseph R. Cramer demands judgment against Defendants, Travis L. Mellinger and Darlene F. Cramer, granting sole title to the Property located at 298 Creek Road, Newville, Pennsylvania, to plaintiff and extinguishing all claims of the Defendants to the Property. LAW OFFICES OF JEFFREY N. GERMAN DATED: October 26, 2009 VERIFICATION I, Robert N. Parker, having power of attorney for Joseph R. Cramer, plaintiff in this matter, hereby verify that the allegations of fact contained in the foregoing are true and correct to the best of my personal knowledge or information and belief. This verification is made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. DATE: 71361QOI Robert N. arker r+F TK PpC : ? ONOTMY 2003 OCT 30 PM 1: 25 Cl ,.t 1Nm rM, 5C Pa ATTY/ co lou e,T# aaa'778 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~i! ~-~ , r-,,,.~,r.., ~] Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Joseph R. Cramer vs. Travis L. Mellinger ~~~= ~ ~- Z~~~ti~E~y/ °9 F't'i ~ CtJ ~^ r, J~:. ~ _ ~tri i i ,~ -- Case Number 2009-7534 SHERIFF'S RETURN OF SERVICE 11/04/2009 02:50 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 4, 2009 at 1450 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Travis L. Mellinger, by making known unto himself personally, at The Cumberland County Sheriffs Office 1 Courthouse Square Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.04 November 04, 2009 SO ANSWE S, R THOMAS KLINE, SHERIFF /~ ~' De ty Sheriff F~~~~~;~n ~~~~ rs Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~tip1'~ n( ~:ui~t,rr/a,~ - ~~ 1r ~ r~ ~ - ,~F~~~1 L~~~ i'~ •„ ,~ . ;,,; ~'~ ~; ~; 3g Joseph R. Cramer vs. Travis L. Mellinger Case Number 2009-7534 SHERIFF'S RETURN OF SERVICE 04/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Travis L. Mellinger, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Snyder County, Pennsylvania to serve the within Writ of Possession according to law. 04/27/2010 03:40 PM -And now, April 27, 2010, I, Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, being duly sworn according to law deposes and says that the above described Writ of Possession was served upon Travis L. Mellinger, named defendant, on April 27, 2010 at 3:40 P.M., at the Snyder County Sheriffs Office, 12 S. Main Street, Middleburg, Snyder County, Pennsylvania, by personally handing to Travis L. Mellinger a true and correct copy of the above described Writ of Possession and that I made known to Travis L. Mellinger the contents of the same. So Answers Joseph S. Reigle, Jr., Sheriff. 05/20/2010 By virtue of this writ, on the 20th day of May, 2010, Sheriff Ronny R. Anderson caused the within named Joseph R. Cramer, to have possession of the premises described as 298 Creek Road, Newville, Cumberland County, Pennsylvania 17241.. SHERIFF COST: $82.74 May 21, 2010 SO ANSWERS, ""- RON R ANDERSON, SHERIFF B Sharon R. Lantz ~ F..~ ~~ . Cyr ,