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Home My WebLink About04-2506FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 fights 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. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#: 93458 IF THIS 1S THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT 1S TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECElPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SU1T. IF YOU HAVE HLED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS 1S NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 93458 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 The name(s) and last known address(es) of the Defendant(s) are: HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/29/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1579, Page 339. By Assignment of Mortgage recorded 02/28/2001 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 667, Page 1020. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 93458 The following amounts are due on the mortgage: Principal Balance Interest 12/01/2003 through 06/02/2004 (Per Diem $35.60) Attorney's Fees Cumulative Late Charges 10/29/1999 to 06/02/2004 Cost of Suit and Title Search Subtotal $189,001.68 6,586.00 1,250.00 279.92 $ 550.00 $ 197,667.60 Escrow Credit 0.00 Deficit 8,85 I. 16 Subtotal $ 8 851.16 TOTAL $ 206,518.76 The attorney's fees set forth above are in confornfity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriffs Sale. lfthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 206,518.76, together with interest from 06/02/2004 at the rate of $35.60 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAN AND PHELAN~) L~P~, FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File//: 93458 tlEGI'NNfl~G at a poL, tt in West OJd ~ ~ ~.~ 0174~ ~ =l~ o~= ~ ~nds ~ 3~. ! 1 r~t ~ m iron pin ~ ~ W~ Old Yo~ We~ Old York Ro~ So~ 74 de~ I l min~ 4~ ~s W~ 128,~ r~ to ~cct m a ~ ~ ~in ~c, Sou~ 7~ d~r~ 48 minu~ 21 39.5S f~ m ~ ~[m ~ Pl~c afBEO~O, PREg~SES BEING: 325 ~EST OLD YO~ VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION raortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification, m~d that the statements made in the foregoing Civil Action in Mortgage Foreclos~e are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. ,~904 relating to unsworn falsification to authorities. FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 £215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff VS. HENRI MERKELO Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND County No. 04-2506 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: FEDERMAN AND PHELAN, LLP PRANK FEDz~FAN;ESQUiRE '- LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff /mbn~ Svc Dept FEDERMAN AND pt/ELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff VS. Court of Common Pleas cUMBERLAND County No.. 04-2506 CIVIL HENRI MERKELO Defendant(s) PRAECIPE TO WITHDRA----W ~¢~ OiSC.ON 3NU. TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, this case discontinued and ended, upon payment of your costs only. and mark Date Frank Federman, Esquire. Lawrence T. Phelan, Esqu. xre Francis S. Hallinan, Esquire Attorneys for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02506 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MERKELO HENRI Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT MERKELO HENRI unable to locate Him in his bailiwick. NOTICE , ~EINSTATED COMPLAINT IN MORTGAGE FORECLOSURE ,Sheriff or Deputy Sheriff, who being search and the within named DEFENDANT but was He therefore returns the , MERKELO HENRI 325 WEST OLD YORK ROAD CARLISLE, PA 17013 DEFENDANT COULD NOT BE LOCATED AT ADDRESS EXPIRATION DATE ON REINSTATED COMPLAINT. Sheriff's Costs: Docketing 18.00 Service 7.40 Affidavit .00 Surcharge 10.00 NOT FOUND RETURN 5.00 40.40 NOT FOUND , as to PROVIDED PRIOR TO So answers:_._Jj~ j~ ~:~ L R. ThOmas ~llne <~ Sheriff of Cumberland County FEDERMAN & PHELAN 08/16/2004 Sworn and subscribed to before me this 3/,~.~ day of ~ ~trt3 ¥ A.D. Pro&fh~notary