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Home My WebLink About13-6952 Supreme Cour-t.of Pennsylvania F r '% Cour `f Commo�n� Pleas For Use Onl - '1� y. �� CUMBE ivrizCove, Sh yet T, RT.AQ0 County Docket No: ^\; r rim` � 1 ✓y' I ,� I � � The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service of leadin s or other papers os req uired by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: GREEN TREE SERVICING LLC. Lead Defendant's Name: HENRI MERKELO T I Are money damages requested? []Yes Z No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobbl, Esq., Id. No.312174, Phelan Hallinan, LLP ❑ Cheek here if you have no attorney (are a Self - Represented 1Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: ❑ Other: • Medical • Other Professional: Pa.R.C.P, 205.5 Updated 01 /01/2011 r ii ! 13 V 25 AN 9: %3U I;UMBERLAND GDUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Jonathan Lobbl, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Melissa.Cantwell@phelanhallinan.com 215 -563 -7000 GREEN TREE SERVICING LLC. 7360 SOUTH KYRENE ROAD, MAIL STOP T317 COURT OF COMMON PLEAS TEMPE, AZ 85283 CIVIL DIVISION Plaintiff V. TERM t^� HENRI MERKELO NO. 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007 -9602 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 930088 1. Plaintiff is GREEN TREE SERVICING LLC. 7360 SOUTH KYRENE ROAD, MAIL STOP T317 TEMPE, AZ 85283 2. The name(s) and last known address(es) of the Defendant(s) are: HENRI MERKELO 108 BUCHER HILL ROAD BOILING SPRINGS, PA 17007 -9602 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 & LOAN ASSOCIATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1579, Page 339. By Assignment of Mortgage recorded 02/28/2001 the mortgage was assigned to GMAC MORTGAGE CORPORATION, A PENNSYLVANIA CORPORATION, which Assignment is recorded in Assignment of Mortgage Book 667, Page 1020. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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 05/01/2013 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 File #: 930088 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 08/28/2013: Principal Balance $141,459.59 Interest $1,656.73 04/01/2013 through 08/28/2013 Late Charges $181.76 Escrow Deficit $1,166.72 TOTAL $144,464.80 7. 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. 8. The mortgage premises are vacant and abandoned WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $144,464.80, together with interest, 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. PHELAN HALLINAN, LLP /I By: jr2 &111- Jonedhan Lobbl, Esq., Id. No.312174 Attorney for Plaintiff File #: 930088 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 paint; 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. PROPERTY ADDRESS: 325 WEST OLD YORK ROAD, CARLISLE, PA 17015 -7503 PARCEL #40 -11- 0290 -020. File #: 930088 VERIFICATION hereby states that he /she is Q t f GREEN TREE SERVICING LLC, 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 information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 7'�' IA4, Name: Nicole IVgel Title: Foreclosure Specialist GREEN TREE SERVICING LLC File #: 930088 Name: MERKELO File #: 930088 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 File #: 930088 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -0 w --� Sheriff m; ,. �xx19rtirotr,cpie w t.—) Jody S Smith fir— r 7.f Chief Deputy - -�=' cD Richard W Stewart x Solicitor OFF E OF,n_ i4=F IF= � -7- -F O: - Green Tree Servicing, LLC Case Number vs. Henri Merkelo 2013-6952 SHERIFF'S RETURN OF SERVICE 12/02/2013 05:23 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Henri Merkelo at 325 W. Old York Road, South Middleton Township, Carlisle, PA 17015. DE IS FRY D'•U SHERIFF COST: $44.78 SO ANSWERS, December 03, 2013 RONhT R ANDERSON, SHERIFF • (c)County;idle Sheriff,TeIeosoft,Inc. . .•. 1 , .? ( {{ • • • • • Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400. One Penn Center Plaza Philadelphia;PA 19103 . 215-563-7000 GREEN TREE SERVICING LLC. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County • HENRI MERKELO Defendant(s) No.13-6952-CIVIL • PRAECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑Please mark the above referenced case Settled,Discontinued and Ended. •• ' • ❑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. n Please Vacate the Judgment entered. • Date: vf ti C( • PHELAN H: , • N,LLP ' • • ' • • By: /.. . Courtena R. Dunn,Esq.,Id.No.2067 '. Attorney for Plaintiff PH#930088 • . • • • ' Phelan Hallinan,LLP Attorney For Plaintiff • 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 • • 215-563-7000 GREEN TREE SERVICING LLC. Court of Common Pleas Plaintiff . Civil Division v. . CUMBERLAND County HENRI MERKELO • Defendant(s) No.13-6952-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 . ' 325 WEST OLD YORK ROAD CARLISLE,PA 17015-7503 • . Date: �/ili&i _ • PHELAN HALLINAN,LLP . • By: Courtenay R. I unn,Esq., Id.No206779 • Attorney for Plaintiff •