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HomeMy WebLinkAbout11-3639T Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r- ?t.F4C1 -P T?EQ?3Q At ':.t 4= v-4 VA 10, Z ? ATTORNEY FOR PLAINTIFF 262691 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM No. l?-310 0-1 C\ri\ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 262691 60A $ga.Oad 78 103 a,L# 16 PAI 4125-7 x'30 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Exile #: 262691 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/29/1999 HENRI MERKELO 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 mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2010 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 #: 262691 6 The following amounts are due on the mortgage: Principal Balance $162,401.72 Interest $1,764.62 09/01/2010 through 01 /08/2011 Late Charges through 01/08/2011 $140.66 Property Inspections/Property Preservation $21.75 Escrow Deficit $2,841.69 TOTAL $167,170.44 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. File #: 262691 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $167,170.44 together with interest from 01/08/2011 at the rate of $13.3481 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. By: PHELAN HALLINAN & SCHMIEG, LLP ? Lawreyke Phelan, E ., Yd. No. 32227 ? Fran /s S. Hallinan, q., Id. No. 62695 ? Daniel G. SvtMir , sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 262691 LEGAL DESCRIPTION ALL that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, being Lot No. 2, bounded and described according to Final Minor Subdivision Plan for Bret J. Whitcomb and Peggy Sue Whitcomb, prepared by Fisher Mowery Rosendale and Associates, Inc., dated September 20, 1999 and recorded in Cumberland County, Pennsylvania Plan Book Page, as follows: BEGINNING at a point in West Old York Road (S.R. 0174), thence along other lands of Grantors herein, North 14 degrees 11 minutes 39 seconds West 340.00 feet to an iron pin set; thence by other lands of the Grantors herein, North 75 degrees 39 minutes 27 seconds East 735.00 feet to an iron pin set; thence along land now or formerly of Kalvin A. Majeskie and Joy L. Majeskie, South 14 degrees 15 minutes 00 seconds East 340.11 feet to an iron pin set in West Old York Road; thence within West Old York Road, South 74 degrees 11 minutes 48 seconds West 128.00 feet to a point; thence within same South 75 degrees 59 minutes 15 seconds West 567.83 feet to a point; thence within same, South 75 degrees 48 minutes 21 seconds West 39.55 feet to a point and Place of BEGINNING. CONTAINING 5.265 net acres. BEING improved with a stone dwelling house, frame bank barn and other outbuildings. BEING a part of the same premises which Raymond E. Diehl and Genevieve A. Diehl, his wife, by their deed dated September 10, 1998, recorded in Cumberland County, Pennsylvania, File #: 262691 Recorder of Deeds Office in Deed Book 185 Page 226, granted and conveyed unto Bret J. Whitcomb and Peggy Sue Whitcomb, Grantors herein. PROPERTY ADDRESS: 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503 PARCEL # 40-11-0290-020. File #: 262691 VERIFICATION Susan Tumor Authorized Officer hereby states that he/she is of, GMAC MORTGAGE, LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 re DATE: unsworn falsification to authorities. t Susan Tumor A.1thorized Officer Servicer: GMAC MORTGAGE, LLC File #: 262691 Name: MERKELO SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -"]-,r--?i,?- Sheriff Jody S Smith ?a`???tn of C.?r?nyr?ra?? .. _ ? , .. ? , 1 •,;, 1 Chief Deputy Richard W Stewart C0UV g'e Solicitor FGIC:E FTt,F S??RI?F t?!, ° "./" 1"? 11 r1 GMAC Mortgage, LLC vs. Case Number Henri Merkelo 2011-3639 SHERIFF'S RETURN OF SERVICE 05/09/2011 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: Henri Merkelo, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Henri Merkelo. Request for service at 108 Bucher Hill Road, Boiling Springs, Pennsylvania 17007 does not currently appear to have an occupant residing at this address. There are boxed personal effects in each room. However, The Boiling Springs Postmaster is delivering Henri Merkelo's mail to this address. 05/16/2011 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: Henri Merkelo, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Henri Merkelo. Request for service at 325 W. Old York Road, Carlisle, Pennsylvania 17015 is currently occupied, but Deputies were unable to find an occupant at home before the Complaint in Mortgage Foreclosure expired. The Carlisle Postmaster has advised, Henri Merkelo is not known at this address. SHERIFF COST: $78.00 May 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) Coun`ySuite She'd I eleoso9t. h,c. .4 "M FILED-OF F"'_ t rt - T E *nTt t „ i I J'.11- 2 5 A h 110 ' ! S Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC Mortgage, LLC Henri Merkelo V. T .a C U 5E RL?+A'?? -,1r C. i Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-3639 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel., Phelan Hallinan & Schmieg, L,L,P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Henri Merkelo, by first class mail to the last known addresses, 108 Bucher Hill Road, Boiling Springs, PA 17007; 7 Pine Circle, Urbana, IL 61801, and the mortgaged premises, 325 West Old York Road, Carlisle, PA 17015; posting of the mortgaged premises, 325 West Old York Road, Carlisle, PA 17015; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Henri Merkelo, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 325 West Old York Road, Carlisle, PA 17015. As indicated by the Return of Service, no service was made as there was no response to the attempts made by the Sheriff's Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 2. The Sheriff of Cumberland County attempted to serve the Defendant at 108 Bucher Hill Road, Boiling Springs, PA 17007. As indicated by the Return of Service, no service was made as said property currently appears to be unoccupied. A true and correct copy of the Return of Service is attached hereto, made part herof, and marked as Exhibit "B". 3. The Plaintiffs Process Server attempted to serve the Defendant at 7 Pine Circle, Urbana, IL 61801. As indicated by the Affidavit of Service, no service was made as said property is vacant. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, anf marked as Exhibit "C". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "D". 5. Plaintiff contacted the Prothontary's Office and as of July 22, 2011, no Judge has previously entered a ruling in this case. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on July 14, 2011 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's July 14, 2011 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "E". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Henri Merkelo, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting; and by publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, UP Date: By: AYW7 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff r a Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC Mortgage, LLC V. Henri Merkelo Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-3639 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 1. FACTUAL BACKGROUND Attempts to serve Defendant, Henri Merkelo, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at 325 West Old York Road, Carlisle, PA 17015 and at 108 Bucher Hill Road, Boiling Springs, PA 17007. Plaintiff's Process Server attempted to serve the Defendant at 7 Pine Circle, Urbana, IL 61801. As indicated by the Returns of Service and the Affidavit of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. t s II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records, Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Returns of Service and the Affidavit of Service, the Sheriff of Cumberland County and the Plaintiff's Process Server have been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. "Therefore. Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of' the Complaint by first class mail, posting, and publication. A III. CONCLUSION As indicated by the Returns of Service and the Affidavit of Service, the Sheriff of Cumberland County and the Plaintiff's Process Server have been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail. publication, and posting. Respectfully submitted, PHELAN 1 ALLINAN & SCHMIEG, LLP Date: By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq., Id. No. 309519 / William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Exhibit "A" r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ???ntp of ?u",Ott Chief Deputy Richard W Stewart Solicitor O M09 4F THE SWRI" GMAC Mortgage, LLC vs. Henri Merkelo Case Number 2011-3639 SHERIFF'S RETURN OF SERVICE 05/09/2011 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Henri Merkelo, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Henri Merkelo. Request for service at 108 Bucher Hill Road, Boiling Springs, Pennsylvania 17007 does not currently appear to have an occupant residing at this address. There are boxed personal effects in each room. However, The Boiling Springs Postmaster is delivering Henri Merkelo's mail to this address. 05/16/2011 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Henri Merkelo, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Henri Merkelo. Request for service at 325 W. Old York Road, Carlisle, Pennsylvania 17015 is currently occupied, but Deputies were unable to find an occupant at home before the Complaint in Mortgage Foreclosure expired. The Carlisle Postmaster has advised, Henri Merkelo is not known at this address. SHERIFF COST: $78.00 May 16, 2011 -9 &'Z'(?? q SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. Exhibit "B" r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith C°?atp Chief Deputy Richard W Stewart Solicitor 0MOE OF THI SWRIFF GMAC Mortgage, LLC VS. Case Number Henri Merkelo 2011-3639 SHERIFF'S RETURN OF SERVICE 05/09/2011- 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: Henri Merkelo, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Henri Merkelo. Request for service at 108 Bucher Hill Road, Boiling Springs, Pennsylvania 17007 does not currently appear to have an occupant residing at this address. There are boxed personal effects in each room. However, The Boiling Springs Postmaster is delivering Henri Merkelo's mail to this address. 05/16/2011 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Henri Merkelo, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Henri Merkelo. Request for service at 325 W. Old York Road, Carlisle, Pennsylvania 17015 is currently occupied, but Deputies were unable to find an occupant at home before the Complaint in Mortgage Foreclosure expired. The Carlisle Postmaster has advised, Henri Merkelo is not known at this address. SHERIFF COST: $78.00 May 16, 2011 a&Z& q SO ANSWERS, C°? Gl+• G? RON R ANDERSON, SHERIFF (c) CountySuite Sherftt, Teleosoft, Inc. t Exhibit "C" r AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 262691 DEFENDANT SERVICE TEAM/ inc HENRI MERKELO COURT NO.: 11-3639-CIVIL SERVE HENRI MERKELO AT: TYPE OF ACTION 7 PINE CIRCLE XX Mortgage Foreclosure URBANA, IL 61801 XX Civil Action SERVED Served and made known to HENRI MERKELO , Defendant on the _ day of , 20 _, at o'clock _. M., at , in the manner described below. - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of _, 20_. Notary: By: NOT SERVED On the _?lay of Gn 20_U, at _ o'clock . M., Defendant NOT FOUND because: Xvacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and sup?bed A?,n: C ,`'1/1501 before xO& l"!" 1 day of 11. By: 1 Notary: qy?L lrbZ?l"TORNEY FORPLAIN711 F Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ?,w iel G. Schmieg, Esq., Id. No. 62205 '* M hele M. Bradford, E sq., Id. No. 69849 E Ju ith T. Romano, Esq., Id. No. 58745 =MEG7ANGREENE 1111n01s Sh tahah-Jani, Esq., Id. No. 81760 e ne R. Davey, Esq., Id. No. 87077 711311 en R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B.. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I, Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 t RETURN OF NON-SERVICE Commonwealth of Pennsylvania County of Cumberland Court Of Common Pleas Court Case Number: 113639 Plaintiff: GMAC Mortgage, LLC 1100 Virginia. Drive P.O. Box 8300 Fort Washington, PA 19034 vs. Defendant: Henri Merkelo 325 West Old York Road Carlisle, PA 17015-7503 For: It's Your Serve, Inc. 134 N. Lasalle Street, Ste 750 Chicago, IL 60602 Received by Courthouse Courier on the 10th day of June, 2011 at 10:40 am to be served on Henri Merkelo, 7 Pine Circle, Urbana, IL 81801. I, Allen Johnston, do hereby affirm that on the 13th day of June, 2011 at 12:40 pm, I: NON-SERVED the Complaint in Mortgage Foreclosure for the reason that i failed to find Henri Merkelo or any information to allow further search. Read the comments below for further details. Additional Information pertaining to this Service: 6/13/2011 10:13 pm Spoke with a neighbor, house has been vacant for several years, she thought 25. I being first duly sworn on oath, states that I am over 18 years of age and not a party to this lawsuit, and am a registered employee of Bill Clutter Investigations, Inc., a private detective agency, (Lic. #117-001206) under the Private Detective and Security Act of 1993. Under penalties of perjury as provided by law, pursuant to Section 1- 109 of the Code of Civil Procedure, the undersigned certifies that the above statement is true and correct. e Allen Johnston 129-334367 Courthouse Courier 1032 S. 2nd Street Springfield, IL 62704 (217) 528-0997 Our Job Serial Number. CLU-2011001658 Copyright O 19924010 Damese !Services, Inc -Process Servers Todbox V6.4b T Exhibit "D" r AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 262691 Attorney Firm: Phelan, 'Hallinan & Schmieg, LLP Subject: Henri Merkelo Property Address: 325 West Old York Road, Carlisle, PA 17015 Possible Mailing Address: 108 Bucher Hill Road, Boiling Springs, PA 17007 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Henri Merkelo - xxx-xx-2337 B. EMPLOYMENT SEARCH Henri Merkelo - A review of the credit reporting agencies provided employment information: 108 Bucher Hill Road, Boiling Springs, PA 17007 C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Henri Merkelo reside(s) at: 108 Bucher Hill Road, Boiling Springs, PA 17007. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Henri lvlerkeh work(s) at: 108 Bucher Hill Road, Boiling Springs, PA 17007. On 01-18-11 our office made a telephone call to the subject's phone number (717) 258-8747 and received the following information: disconnected. & On 01-18-11 our office made several telephone calls to a possible phone number of the subject(s) (21.7) 344-9371 and received the following information: answering machine. On 01- 18-11 our office made a telephone call to a possible phone number of the subject(s) (717) 486- 7099 and received the following information: disconnected. 111. INQUIRY OF NEIGHBORS On 01-1.8-11 our office made a phone call in an attempt to contact Amy E. Winters (717) 258- 0692, 321 West Old. York Road, Carlisle, PA 17015: spoke with an unidentified male who could not confirm that the subject reside(s) at 325 West Old York Road, Carlisle, PA 1.7015. On 01-18-11 our office made several phone calls in an attempt to contact Russell D. Mell (717) 249-4916,328 West: Old York Road, Carlisle, PA 17015: answering machine. On 01-18-11 our office made several phone calls in an attempt to contact Jacqueline A. Withum (717) 258-1.243, 335 West Old York Road, Carlisle, PA 17015: answering machine. On 01-18-11 our office made several phone calls in an attempt to contact Boiling Springs Pool (717) 258-4121,106 Bucher Hill Road, Boiling Springs, PA 17007: answering machine. r On 01-18-1.1 our office made a phone call in an attempt to contact Tyler Heishman (717) 258- 8638,103 Bucher Hill Road, Boiling Springs, PA 17007: spoke with an unidentified male who could not confirm that the subject reside(s) at 108 Bucher Hill Road, Boiling Springs, PA 17007. On 01-1.8-11 our office made several phone calls in an attempt to contact Saiful Molla (717) 249-6066,111 Bucher Hill Road, Apartment 7, Boiling Springs, PA 17007: answering machine. IV. ADDRESS INQUIRY A, NATIONAL ADDRESS UPDATE On 01-18-11 we reviewed the National Address database and found the following information: Henri Merkelo -108 Bucher Hill Road, Boiling Springs, PA 17007. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 108 Bucher Hill Road, Boiling Springs, PA 17007. V. OTHER INQUIRIES A. DEATH RECORDS As of 01-18-1.1 Vital Records and all public databases have no death record on file for Henri Merkelo. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my Ile, information and belief and that this affidavit of investigation is made subject to the h of 18 P'a_G4-'..,Sec. 4904 relating to unsworn falsification to authorities. Q?_ '? ""'Ctte=above information is obtained from available public records and we are only liable: for the cost of the affidavit. ?? r LL r PHELAN HALLINAN & SCHMIEG, L.L.P. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 Email: anya.morrison@fedphe.com Anya Morrison, Ext. 1267 Representing Lenders in Service Department Pennsylvania and New Jersey July 14, 2011 Henri Merkelo 325 West Old York Road Carlisle, PA 17015 RE: GMAC Mortgage, LLC v. Henri Merkelo Premises Address: 325 West Old York Road, Carlisle, PA 17015 Cumberland County, No. 11-3639 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, service of the complaint by first class mail d osting of the mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guide ly. Very truly T. Phelan, Esq., Id. No. 32227 ? Daniel G. Schmieg, Esq., Id. No. 205 ? Michele M. Bradford, Esq., Id. N 69849 ? Judith T. Romano, Esq., Id. No. 58 45 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courte R. Dunn, Esq., Id. No. 206779 ? rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No 308912 PHS# 262691 r i T PHEL,AN HALLINAN & SCHMIEG, L.L.P. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 Email: anya.morrison@fedphe.com Anya Morrison, Ext. 1267 Service Department July 14, 2011 Henri Merkelo 108 Bucher Hill Road Boiling Springs, PA 17007 Representing Lenders in Pennsylvania and New Jersey RE: GMAC Mortgage, LLC v. Henri Merkelo Premises Address: 325 West Old York Road, Carlisle, PA 17015 Cumberland County, No. 11-3639 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, service of the complaint by first class &ft4d ostin of the mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, U L rence "I'. Phelan Es . Id. No. 32227 ? Fr a inan, Esq., Id. o. ? Daniel G. Schmieg, Esq., Id. No. 622 ? Michele M. Bradford, Esq., Id. N 9849 ? Judith T. Romano, Esq., Id. N . 8745 El Sheetal R. Shah-Jani, Esq., d. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Cou y R. Dunn, Esq., Id. No. 206779 ? rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No 308912 PHS# 262691 . r PHEL.AN HALLINAN & SCHMIEG, L.L.P. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 Email: anya.morrison@fedphe.com Anya Morrison, Ext. 1267 Representing Lenders in Service Department Pennsylvania and New Jersey July 14, 2011 Henri Merkelo 7 Pine Circle Urbana, IL, 61801 RE: GMAC Mortgage, LLC v. Henri Merkelo Premises Address: 32.5 West Old York Road, Carlisle, PA 17015 Cumberland County, No. 11-3639 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3 (9), I am seeking concurrence with the requested relief that is, service of the complaint by first class mail rd p ting of the mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly T. Phelan, Esq., Id. No. 32227 ? Daniel G. Schmieg, Esq., Id. No. 62 5 ? Michele M. Bradford, Esq., id. 69849 ? Judith T. Romano, Esq., Id. 58745 ? Sheetal R. Shah-Jani, ., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Court y R. Dunn, Esq., Id. No. 206779 ? rew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No 308912 PHS# 262691 w O GL C L 6 l 300:1 dIZ W08-A 0311V W Loz bl lrr 9szttZV000 o9Z' ? 0 '$ VU z° SiAh09 AiNi 41 /??pe Z i? ?j ?j CO tr? ?S'Od S?ydy °o •r b N U ? W p O O >i 0 00 o. ?wa O . U [ : y x a O S-4 bA U d ? ¢ c z µy M U 00 ? ? ? ?o .c v ? dF ?F 1t '? L N M ? ? b c -? y y y V7 O ? U L q E .? J ?' v'1 ?O l? 00 O? z u W W V r?r-l v, -; E O V - CC ? v b ctl ? _y m -w .•E_ Ev° =8 0 N o o 2 n E .? , =? O vUi C pp y ;? ? ei 'O C .D ? C E U - V C U O , E C ?? d O 'R! O 'O V R. ??,. bUA ? N ? L 7 O U O X OU Efi L1] _: O y .N C td O 7 tad C 6 ^ j I U O C 'p 00 D E O 6N V ,G V ? IA M b X 7 v ?d d ? 7 O s A U s T? r E ? F a? z o. T O a. a°w n y O? V U ?O aUi N ';o v x ?b a z ; rl O N V T^ Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff Court of Common Pleas GMAC Mortgage, LLC Civil Division V. Cumberland County No 11-3639 Henri Merkelo CERTIFICATION OF SERVICE The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Henri Merkelo at: 325 West Old York Road Carlisle, PA 17015 108 Bucher Hill Road Boiling Springs, PA 17007 7 Pine Circle Urbana, IL 61801 W ?? The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By: I V?f Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff p =M >C--) a.f 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC Civil Division V. No. 11-3639 1lenri Merkclo ORDER AND NOW, this day of 2011, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Henri Merkelo, by: 1. Posting of the premises: 325 West Old York Road, Carlisle, PA 17015 by the Sheriff or a non-party competent adult; 2. First class mail to Henri Merkelo at the last known addresses, 108 Bucher Hill Road, Boiling Springs, PA 17007; 7 Pine Circle, Urbana, IL 61801, and the mortgaged premises located at 325 West Old York Road, Carlisle, PA 17015; and 5 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: Cc: Henri Merkelo 325 West Old York Road Carlisle, PA 17015 Henri Merkelo 108 Bucher Hill Road Boiling Springs, PA 17007 Henri Merkelo 7 Pine Circle Urbana, IL 61801 J. ? M l?u?il?aan {Miller, eopq cud VIf PH S# 26269UARM 1 Phelan I Iallinan & Schmieg, LLP Lawrence 'I. Phelan, Esq., Id. No. 32227 I-rancis S. I lallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, E'sq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 .lenirne R. Davey. Esq., Id. No. 87077 Lauren R. Tabas. I-sq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay 13. Jones, Esq., Id. No. 86657 Pcter J. Mulcahy. 1--sq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, I:sq., Id. No. 9,1620 Joshua 1. Goldimm, Esq., Id. No. 205047 Courtcnay R. Dunn, Esq., Id. No. 206779 Allison F. Wclls, Esq., Id. No. 309519 \Villiam 1:. Mil.cr, l:sq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JVK Boulevard, Suite 1400 Oix Pcnn Ccntcr Plaza Philadelphia, PA 19103 21.5-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. I IF'NRI M1;RKEI.O Defendant _L!lJ-0 t`- iGis .' °R THONOIAR"r 1, ck 1 1 !,UG I " 5 All 9: ? 6 :?I MBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVII, DIVISION CUMBERLAND COUNTY No. I 1-3639-CIVIL PRAE,C'IPE TO REINSTA'u, CIVIL ACTION/MOR'T'GAGE, FORECLOSURE Arlo 10•co c104 C*-? lieS940 [?O "I?I II?: PRO"1'I-IONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHI LAN HALLINAN & -SS'- . 13 y: _ 22- Lawrence'l. Phel i, Esq., Ic . No. 32 7 o. 6260; ? Danie7,S Sell icieg, Es q., No. 62205 ? Michele M. Bradford, ,sq., Id. No. 69849 ? Judith T. Romano, lsq., Id. No. 58745 ? Shectal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren IZ. Tabas, l sq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay 13. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack. I:sq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., td. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? C R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 : ? William E. Miller, l;sq., Id. No. 308951 Melissa .I. Scheincr, I'sq.. Id. No. -)08912. Attorrncys for Plaintiff Date: August 12, 2011 'tam. Svc Dept. File// 262691 Phelan Hallinan & Schmieg, LL.P Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. I lallinan, Esq., Id. No. 62695 Daniel G. Sehmicg, I'sq., Id. No. 62205 Michele M. Bradford, ;sq., Id. No. 69849 Ridith T. Romano. Esq., Id. No. 58745 Shectal R. Shah-Jam, Esq., Id. No. 81760 Jeninc R. Davey, Esq., Id. No. 87077 Lauren R. "babas, Esq., Id. No. 93 337 Vivek Srivastava, Esq., Id. No. 20233) 1 Jay B. Jones, Esq., Id. No. 86657 Petcr,l. Mulcahy, Esq., Id. No. 61791 Andrew I,. Spivack, I;sq., Id. No. 84439 Chrisovalante I'. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq.. Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison 1-. Wells, Esq., Id. No. 309519 William I:. Miller, Esq., Id. No. 308951 Melissa .l. Schciner, I"sq., Id. No. 308912 1617 R"K Boulevard. Suite 1-100 One Penn Center Plai.a Philadelphia, PA 19103 215-563-7000 GMAC MORbGAGI LLC Plaintiff vs. III;NRI MERKEL,O Def,cndant d ED-OFFICE HE € P s HQNOTAr; f. 2011 AUG 22 AM Q, OE CUMBERLAND COUNTY `'ENNSYLVANIA ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION C;UMI31',RI_AND COUNTY No. 1 1-36 )9-CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT I3Y MAIL. PURSUANT TO COURT ORDER r AAW I hereby certify that a true and correct copy ol'the Civil Action Complaint in Mortgage I-orcelosurc in the above captioned matter was sent by regular mail to the following person, IIL:NRI MERXVLO at 7 PINK: CIRCIA , URBANA, 11, 61801; 325 WEST' OLD YORK ROAD, CARLISIA,, PA 17015; and IOK 13l CFIh:K HILL ROAD, BOILING SPRINGS, PA 17007 on Auf;ust 19, 2011, in accordance with the Ordcr ol'C'ourt dat??i July 26, 2011. The undersigned understands that this statement is made subject to the pcru?ltics ol'18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan IlalIinan & Schmieg, LLP DATE: August 10._20.1.1 Phelai Iallinan & Sch ,a..I' an, tisq., Id. No. 2227 Francis S. I lallinan. Is q., Id. IN i?6?>> Daniel G. Schmieg, 1?sq., Id. o. 62205 Michele M. Bradford. I; ., Id. No. 698<!o) .Judith T. Romano. I sq., Id. No. ' 871', Shectal R. Shah-Joni. I-:sq.. Id. No. 8,1760 .Jenine R. Davey, Esq., Id. No. 87077 Lauren R. "Tubas, Fsq.. Id. No. 93337 Vivck Srivastava. I:sq.. Id. No. 202 .Jay I3-Ioncs. l:sq., Id. No. 86657 Peter.J. Mulcahy, I"sq.. Id. No. 61791 Andrew L. Spivack, I:sq.. Id. No. 84439 Chrisovalante P. Fliakos, I?,sq,, Id. No. 9,1620 Joshua 1. Goldman, Esq., Id. No. 205017 C lay R. Dunn, i:,sq., Id. No. 206-71) Allison F. Wells, F.sq., Id. No. 309519 William E. Miller, I?;sq., Id. No. ,08951 Melissa J. Scheiner. I:sq., Id. No. 30891 Attorneys for Plafntiff AFFIDAVIT OF SERVICE- CIIMBLRLAND cLo PLAINTIFF i GMAC MORE-GAGE, I.LC DEFENDANT HENRI MERKELO SERVE AT: 325 WEST OLD YORK ROAD CARLISLE, PA 17015 **-'PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER******- Seri,ed UCrUST 20-?-- Yosted and trade known 1IENRI MrR]CEL0, Defendant on the "* day of at 4 = 4C)o'clock. 1. M., at 325 WEST OLD YORK ROAD. CARLISLE. PA 17015, in the manner described beln%%: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name/relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. Other: ?_} ETY T+ o Description: Age - Hcigbt-_ Weight Racc Sea Other _ I ! Vpt- - , a competent adult, being duly sworn according to law, depose and stale that 1 personally pasted a u-ut• Uld corrcc! copy.ol'the Complaint in Mortgage Foreclosure issued in the caption ec on the date and the address indicate(] above. I undersuind that this statement is mad subject to the penalties of 18 Pa. C.S. Sec. 4904 rel in MA-! =---- ities. DATE: NAME:- -4j PRINTED NAME: _PDN -r-b AMA t (t- ------ TITLE: 7? t" kD?S Jfv-Neg NOT SER On the _____ day 20 at _ o'clock-. M., Defendant NOT FOUND because: Vacant Does Not Exist -. Moved _ Does Not Reside (Not Vacant) _ No Answer on ?d --- - at Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns« orn falsification to authorities. BY: -------- - A]TQkf%..'-Y FOR PLAIN-ro: Lawrence 1'. Phelan. Esquire Francis S. I Iallinan, Esquire Daniel G. Schmicg, Esquire I PENN CEN1T'R A'1' SUBURBAN S'I'A'HON- SUITE 1400 PI IILADELP111A. PA 19103 (215)i63-7000 COUN'T'Y: CUMBFRI.AND COUR'T' NO. 11-36_>9=CIVIL, ?T TYPE OF ACTION t? XX Mortgage Foreclosure Eviction XX Civil Action ?Cp Complaint on Promissory Notc?n -a D- Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ,/Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs. HENRI MERKELO Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-3639-CIVIL Cl) C N o Q -ri 3 M '-4 rn rn -0 ? ?rn ? Elf -- O r C. C", - o m C- ? ? o? --j m PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE O #lo. oo Po Ar r 0# 111118q Z*a(*gWe f TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: September 12, 2011 PHELAN HALLDI NJ? :9 v1IEG, LLP ? LawrenFe T flan, Esq., Id. 32227 ffFrancis . a man, Esq., Id. No. 2695 ? Daniel G. Schmieg, Esq., Id. N .62205 ? Michele M. Bradford, Esq., , . No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? C unn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff /tam, Svc Dept. File# 262691 _ _. 6a 1 ( t J Z- PHELAN HALLINAN & SCHMIEG, LLP, ?4,9 T'Attorney for Plaintiff Michele M. Bradford, Esq., Id. No.69849 L 1 n 1 ; A? f; 1617 JFK Boulevard, Suite 1400 40 _ One Penn Center Plaza CU P' 1`k Y `x', ;Nl Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS HENRI MERKELO CIVIL DIVISION : No. 11-3639-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against HENRI MERKELO, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $167,170.44 Interest - 01/09/2011 to 10/19/2011 $3,790.86 TOTAL $170,961.30 I hereby certify that (1) the Defendant's last known addresses are 7 PINE CIRCLE, URBANA, IL 61801, 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503, and 108 BUCHER HILL ROAD, BOILING SPRINGS, PA 17007-9602, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date; ichele radfor , Esquire Attorney for Plaintiff ""4 ' W.06 Pd al' DAMAGES ARE HEREBY ASSESSED AS INDICATE 111js?2 2.0-o'?(I(p t/St3 DATE: hey Wta+(?! PHS # 262691 "VROTHONOTARY 262691 :?? ? i t ""tv PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esq., Id. No.69849 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION HENRI MERKELO : No. 11-3639-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant HENRI MERKELO is over 18 years of age and last known addresses are 7 PINE CIRCLE, URBANA, IL 61801, 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503, and 108 BUCHER HILL ROAD, BOILING SPRINGS, PA 17007-9602. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authoritie Date LS1 _Ja1L_ Uele ford, EELS Attorney for Plaintiff 262691 (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS HENRI MERKELO CIVIL DIVISION No. 11-3639-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 10 By: If you have any questions concerning this matter please contact: Michele M. Bradford, Esq., Id. No.69849 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** g ? +,: ,# t ,.? ? t GMAC MORTGAGE, LLC V. Plaintiff HENRI MERKELO TO: HENRI MERKELO 7 PINE CIRCLE URBANA, IL 61801 Defendant(s) DATE OF NOTICE: October 7, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-3639-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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. PHS # 262691 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Allison F. Wells, E; Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 262691 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. HENRI MERKELO NO. 11-3639-CIVIL CUMBERLAND COUNTY Defendant(s) TO: HENRI MERKELO 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007-9602 DATE OF NOTICE: October 7.2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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. PHS # 262691 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 . (717) 249- ,?? Allison F. Wells, Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 262691 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 1I-3639-CIVIL HENRI MERKELO CUMBERLAND COUNTY Defendant(s) TO: HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 DATE OF NOTICE: October 7, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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. PHS # 262691 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Allison F. W s, Esquire Attorney for lainsi€f' fmta ?an(& Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 262691 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-3639 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From HENRI MERKELO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $170,961.30 L.L.: t so Interest from 10/20/2011 to Date of Sale ($28.10 per diem) - $3,934.00 Atty's Comm: % Atty Paid: $230.50 Plaintiff Paid: Date: 12/1/2011 Due Prothy: $2.00 Other Costs: David D. Buell, Prothonotary (Seat) By: Deputy REQUESTING PARTY: Name: ANDREW MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-3639-CIVIL HENRI MERKELO Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/20/2011 to Date of Sale ($28.10 per diem) TOTAL Note: Please attach description of property. PHS # 262691 aw %? ' ob )8-'Dr) V" *?S_ CIO. 00 U 'I 10.0-0 0. t I D' co - Ik4.Oa«4 a5bav a3o_so N?`L- $170,961.30 $3,934.00 $174,895.30 PILIUMw Maiicy, uby., iu. 11 Attorney for Plaintiff L ?. ? Sv cam. 1?41 us - 9(09 -7s ?? o6 41-' ? N 0 rn ? o Q ? QQ ? c? ? p o o°o y W W c!? E-? ? U `t M U ? O W V.? W Oa ?H U a ?' O OU d O N U W ? O ,o Hy y 0 W ? ?w lot 0 ? a ao 0 ??o LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, being Lot No. 2, bounded and described according to Final Minor Subdivision Plan for Bret J. Whitcomb and Peggy Sue Whitcomb, prepared by Fisher Mowery Rosendale and Associates, Inc., dated September 20, 1999 and recorded October 28, 1999 in Cumberland County, Pennsylvania in Plan Book 80 Page 16, as follows: BEGINNING at a point in West Old York Road (S.R. 0174), thence along other lands of Grantors herein, North 14 degrees 11 minutes 39 seconds West 340.00 feet to an iron pin set, thence by other lands of the Grantors herein, North 75 degrees 39 minutes 27 seconds East 735.00 feet to an iron pin set; thence along land now or formerly of Kalvin A. Majeskie and Joy L. Majeskie, South 14 degrees 15 minutes 00 seconds East 340.11 feet to an iron pin set in West Old York Road; thence within West Old York Road, South 74 degrees 11 minutes 48 seconds West 128.00 feet to a point; thence within same South 75 degrees 59 minutes 15 seconds West 567.83 feet to a point; thence within same, South 75 degrees 48 minutes 21 seconds West 39.55 feet to a point and Place of BEGINNING. CONTAINING 5.265 net acres. BEING improved with a stone dwelling house, frame bank barn and other outbuildings. TITLE TO SAID PREMISES IS VESTED IN Henry Merkelo, single man, by Deed from Bret J. Whitcomb and Peggy Sue Whitcomb, h/w, dated 10/29/1999, recorded 10/29/1999 in Book 210, Page 714. PREMISES BEING: 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503 PARCEL NO. 40-11-0290-020. PHELAN HALLINAN & SCHMIEG, LLP Andrew Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza _ Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff v. HENRI MERKELO Defendant(s) `!y :.a L? J L4 CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3639-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § authorities. /I By: relating to unsworn falsification to Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff V. HENRI MERKELO Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3639-CIVIL CUMBERLAND COUNTY PHS # 262691 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503. Name and address of Owner(s) or reputed Owner(s): Name HENRI MERKELO 325 WEST OLD YORK ROAD BOILING SPRINGS, PA 17015 7 PINE CIRCLE URBANA, IL 61801 2 3 4 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007-9602 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unsworn falsification to autltofitJ4s. / Date: 0 o l( By: // ?? z Z/A P n Hallinan & S mieg, LLP Andrew Marley, Esq., Id. No.312314 Attorney for Plaintiff GMAC MORTGAGE, LLC VS. COU,"T HENRI MERKELO : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 11-3639-CIVIL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HENRI MERKELO HENRI MERKELO 108 BUCHER HILL ROAD 325 WEST OLD YORK ROAD BOILING SPRINGS, PA 17007-9602 CARLISLE, PA 17015-7503 HENRI MERKELO 7 PINE CIRCLE URBANA, IL 61801 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $170,961.30 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 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 more chance you will have of stopping the sale. (See notice on page two on 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 price bid by calling 215-563-7000. 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 215-563-7000. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3639-CIVIL GMAC MORTGAGE, LLC vs. HENRI MERKELO owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503 Parcel No. 40-11-0290-020. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $170,961.30 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, being Lot No. 2, bounded and described according to Final Minor Subdivision Plan for Bret J. Whitcomb and Peggy Sue Whitcomb, prepared by Fisher Mowery Rosendale and Associates, Inc., dated September 20, 1999 and recorded October 28, 1999 in Cumberland County, Pennsylvania in Plan Book 80 Page 16, as follows: BEGINNING at a point in West Old York Road (S.R. 0174), thence along other lands of Grantors herein, North 14 degrees I 1 minutes 39 seconds West 340.00 feet to an iron pin set, thence by other lands of the Grantors herein, North 75 degrees 39 minutes 27 seconds East 735.00 feet to an iron pin set; thence along land now or formerly of Kalvin A. Majeskie and Joy L. Majeskie, South 14 degrees 15 minutes 00 seconds East 340.11 feet to an iron pin set in West Old York Road; thence within West Old York Road, South 74 degrees 11 minutes 48 seconds West 128.00 feet to a point; thence within same South 75 degrees 59 minutes 15 seconds West 567.83 feet to a point; thence within same, South 75 degrees 48 minutes 21 seconds West 39.55 feet to a point and Place of BEGINNING. CONTAINING 5.265 net acres. BEING improved with a stone dwelling house, frame bank barn and other outbuildings. TITLE TO SAID PREMISES IS VESTED IN Henry Merkelo, single man, by Deed from Bret J. Whitcomb and Peggy Sue Whitcomb, h/w, dated 10/29/1999, recorded 10/29/1999 in Book 210, Page 714. PREMISES BEING: 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503 PARCEL NO. 40-11-0290-020. AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 262691 DEFENDANT SERVICE TEAM/ lash G o HENRI MERKELO COURT NO.: 11-3639-CIVIL ? Zw Sri " F - SERVE HENRI MERKELO AT: TYPE OF ACTION 7 t 0M 325 WEST OLD YORK ROAD XX Notice of Sheriffs Sale t/fr N "- wf? CARLISLE, PA 17015-7503 SALE DATE: March 7, 2012 rZ -f C3 SERVED O =, = X-n C d and made known to HENRI MERKELO, Defendant on the5day of 20 L( at ,C) 5*= at 325 W N-2> Y409- QA , in the manner described below: 4 !"Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). .- Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height 5 2 Weight24'0 Race W Sex M - ` Other I, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. i--;7 DATE: 17- NAME: ! t--c?'? -- PRINTED NAME: 1 W' TITLE: F70fe-'S 5'OR"u- NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew Marley, Esq., Id. No. 312314 b E1l.'E'0-fir FICA' THE 1"'ROTHON"? iARRt 2912 JAN I i Phi 4: o7 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County HENRI MERKELO No.: t l-3639-CIVIL Defendant 971 RULE AND NOW, this day of ?Q?t 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY E COU J. 262691 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?HENRI MERKELO 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007-9602 V HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 1/ HENRI MERKELO 7 PINE CIRCLE URBANA, IL 61801 coplPS kvta'-% ! J111 ?? emVc10pr's p!'DVielco( AV 262691 262691 tt_ p- j?r yy a._ 1 ° JAN 24 AMIti C"BERL/AlqU (,;UUN v PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County HENRI MERKELO Defendant No.: 11-3639-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 11, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. HENRI MERKELO 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007-9602 HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 HENRI MERKELO 7 PINE CIRCLE URBANA, IL 61801 f, DATE: Attorney for Plaintiff 262691 OF rHE O NON VARY 20,12 FEB -7 AN 9: 57 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs. HENRI MERKELO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3639-CIVIL MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on January 6, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 29, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Court on or about January 11, 2012 directing the Defendant to show cause by January 31, 2012 why the Motion to Reassess Damages should not 262691 be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 23, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 31, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 1an & Schmieg, LLP Allison F. W squire Attorney for Plaintiff 262691 Exhibit "A" 262691 PHELAN HALLIN.AN & SCHMIEG, LIT 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 29, 2011 HEN.RI MERICEI,O 108 BUC;HER DILL ROAD BOILING SPRINGS, PA 17007-9602 I-IENW MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 170154503 HEINRI M RKELO 7 PINE CIRCLE U1' BAINA, IL 61801 RE: GMAC MORTGAGE, LLC v. HENRI MF-RKELO Premises Address: 325 WEST OLD YORK ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 11 -3639-CIVIL Dear Defendant, Enclosed please find a true and coiieet copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland. County Local Rule 20$.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to nee within 5 days, by January 3, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. very truly .=,<<,I :. .. Colllj-il z 1:. Owilr. I 'squire, Attorney for Plaintiff I nelosure 262691 d 0 V x 43 aI °? 0 . N Exhibit "B" 262691 _ s O FILED-OFFICE tf' THE PROTHONOTARY 2012 JAN t i PH 4: 00 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division v, CUMBERLAND County HENRI MERKELO No.: 11-3639-CIVIL Defendant M?ME AND NOW,s day of i?4??, 0 12, a Rule is entered upon the Defendant ...' Z - to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. RY° ?LCOtJ 1. 262691 Melissa J. Cantwell, Esq., Id. No308912 Phelan Hallinm dt Sehmieg, LLP 1617 ]FK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?HENRI MERKELO V HENRI MERKELO 108 BUCHER HILL ROAD 325 WEST OLD YORK ROAD BOILING SPRINGS, PA 17007-9602 CARLISLE, PA 17015-7503 ?HENRI MERKELO 7 PINE CIRCLE URBANA, IL 61801 Copes ?Ka,'j 1 ?It 1 ?? enuclopee proviote4 Ay Acim, da144,, 262691 262691 Exhibit "C" 262691 F e? ??i,dx p? Phelan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff 1012 JAN 24 AM 10: 5 1 CUMBERLAND CQUHT1' PENNSYLVANIA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3639-CIVIL Defendant CERTMC TION OF S VICE I hereby certify that a true and correct copy of the Court's January 11, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ?fHENRI MERKELO p° il-W RKELO 108 BUCHER HILL ROAD 325' ST OLD YORK ROAD BOILING SPRINGS, PA 17007-9602 CARLISLE, PA 17015-7503 HENRI MERKELO 7 PINE CIRCLE URBANA, IL 61801 VS. HENRI MERKELO h fln Si DATE: l Tay. i R. Tabas, l Attomey for Plaintiff 262691 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs. HENRI MERKELO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3639-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individual on the date indicated below. HENRI MERKELO 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007-9602 HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 HENRI MERKELO 7 PINE CIRCLE URBANA, IL 61801 DATE: Allison Attorney for Plaintiff 262691 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff : Civil Division vs. HENRI MERKELO Defendant CUMBERLAND County No.: 11-3639-CIVIL ORDER AND NOW, this /07d'ay of?,i /41!?;n012, upon consideration of Plaintiff's x Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through March 7, 2012 Per Diem $13.90 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit TOTAL $162,401.72 $7,363.74 $280.04 $1,300.00 $1,193.95 $179.25 $10,190.37 $182,909.07 Plus interest from March 7, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. fiknr? lgerleeld (a) el©P; A-/G VINVAUSNUd B COURT: :Z Wd 6- 93d 1161Z J. 262691 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff li4"?`fvL GMAC MORTGAGE, LLC Plaintiff vs HENRI MERKELO Defendant _- _ _ Court of Common Pleas r "Jf ID RL D COUNTY ME PAS filhivision : ' CUMBERLAND County : I No. 11-3639-CIVIL TO THE PROTHONOTARY: PRAECIPE Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHS# 262691 SCHMIEG, LLP Lawrence T. Id. No. 32227 Francis S. Ha n, Esq., No. 62695 'i Id No. 62205 Michele M. Bradford, E , Id. No. 69849 Judith T. Romano, Es d. No. 58745 Sheetal R. Shah-Jan', Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorneys for Plaintiff aM?*1,S? C414 116*? 0 J4 1) --7 n . PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs HENRI MERKELO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-3639-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: HENRI MERKELO 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007-9602 Date: By: Lawr a T. o. 32227 s S. 11inan,?E7q., "Id. No. 62695 aniel G. Sc Id. No. 2205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 -Allison F. Wells, Esq., Id. No. 309519 William E. Miler, Esq., id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?pvtr??'?, at ?u?uG??*Frr?b f, PAR 21 Pay 3: So P'1_1*4SYLVAN1A GMAC Mortgage, LLC vs. Henri Merkelo Case Number 2011-3639 SHERIFF'S RETURN OF SERVICE 01/05/2012 03:30 PM - Deputy Elizabeth Muller, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 325 West Old York Road, Carlisle, Cumberland County, PA 17015. 02/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Henri Merkelo, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 108 Bucher Hill Road, South Middleton Township, Boiling Springs, PA 17007. 02/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Henri Merkelo, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 325 W. Old York Road, South Middleton Township, Carlisle, PA 17015. 02/21/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. Plaintiff received $32,233.29 in consideration of the stay. SHERIFF COST: $1,273.85 March 21, 2012 SO ANSWERS, (YZ RON R ANDERSON, SHERIFF . _0 tL Pd - G;1?+-- Xy# 1 ?a -23 `_ r.r±r'c?.in•ySwie ine??a i?;ir..cs?'t. In;;. GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION V. r NO.: 11-3639-CIVIL HENRI MERKELO Defendant(s) CUMBERLAND COUNTY PHS # 262691 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503. 1. Name and address of Owner(s) or reputed Owner(s): Name HENRI MERKELO 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007-9602 325 WEST OLD YORK ROAD BOILING SPRINGS, PA 17015 7 PINE CIRCLE URBANA, IL 61801 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) * None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name - Address (if address cannot be `. reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unworn falsification to au ri ' s. /I Date: l 0 &C) (( By. -// z 6 P n Hallinan & S zv, Andrew Marley, Esq., Id. No.312314 Attorney for Plaintiff GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.:11-3639-CIVIL HENRI MERKELO Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HENRI MERKELO 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007-9602 HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17015-7503 HENRI MERKELO 7 PINE CIRCLE URBANA, IL 61801 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503 is scheduled to be sold at the Sheriff s Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $170,961.30 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 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 more chance you will have of stopping the sale. (See notice on page two on 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 price bid by calling 215-563-7000. 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 215-563-7000. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3639-CIVIL GMAC MORTGAGE, LLC VS. HENRI MERKELO owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503 Parcel No. 40-11-0290-020. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $170,961.30 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, being Lot No. 2, bounded and described according to Final Minor Subdivision Plan for Bret J. Whitcomb and Peggy Sue Whitcomb, prepared by Fisher Mowery Rosendale and Associates, Inc., dated September 20, 1999 and recorded October 28, 1999 in Cumberland County, Pennsylvania in Plan Book 80 Page 16, as follows: BEGINNING at a point in West Old York Road (S.R. 0174), thence along other lands of Grantors herein, North 14 degrees I 1 minutes 39 seconds West 340.00 feet to an iron pin set, thence by other lands of the Grantors herein, North 75 degrees 39 minutes 27 seconds East 735.00 feet to an iron pin set; thence along land now or formerly of Kalvin A. Majeskie and Joy L. Majeskie, South 14 degrees 15 minutes 00 seconds East 340.11 feet to an iron pin set in West Old York Road; thence within West Old York Road, South 74 degrees 11 minutes 48 seconds West 128.00 feet to a point; thence within same South 75 degrees 59 minutes 15 seconds West 567.83 feet to a point; thence within same, South 75 degrees 48 minutes 21 seconds West 39.55 feet to a point and Place of BEGINNING. CONTAINING 5.265 net acres. BEING improved with a stone dwelling house, frame bank barn and other outbuildings. TITLE TO SAID PREMISES IS VESTED IN Henry Merkelo, single man, by Deed from Bret J. Whitcomb and Peggy Sue Whitcomb, h/w, dated 10/29/1999, recorded 10/29/1999 in Book 210, Page 714. PREMISES BEING: 325 WEST OLD YORK ROAD, CARLISLE, PA 17015-7503 PARCEL NO. 40-11-0290-020. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N011-3639 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From HENRI MERKELO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $170,961.30 L.L.: 41. rD Interest from 10/20/2011 to Date of Sale ($28.10 per diem) - $3,934.00 Arty's Comm: % Atty Paid: $230.50 Plaintiff Paid: Date: 12/1/2011 (Seal) Due Prothy: $2.00 Other Costs: Deputy REQUESTING PARTY: Name: ANDREW MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 TRUE COPY FROM RECORD in Testimony whereof; I here unto set my hand and the seal of said Court at Carlisia, Pa. This. 1 _day of 20LL- Prothonotary 4wt'o Dj °r V On December 15, 2011. .the Sheriff levied upor the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 325 West Old York Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 15, 2011 By: Real Estate Coordinator