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Home My WebLink About05-0513 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O~ -5'1.3 CtUle )~ CUMBERLAND COUNfY v. HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, P A 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed 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 INFORMA TlON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 110447 File #: Il0447 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.s.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE,PA 17013 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 10/29/1999 mortgagor(s) 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 CUMBERLAND County, in Mortgage Book: 1579, Page: 339. By Assignment of Mortgage reeorded 2/28/01 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 667, Page 1020. 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 09/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 110447 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2004 through 01/26/2005 (Per Diem $25.00) Attorney's Fees Cumulative Late Charges 10/2911999 to 01/26/2005 Cost of Suit and Title Search Subtotal $187,201.66 4,475.00 1,250.00 223.93 $ 550.00 $ 193,700.59 Escrow Credit Deficit Subtotal TOTAL 0.00 7,338.13 $ 7.338.13 $ 201,038.72 7. The attomey's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attomey's fees will be charged. 8. 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 201,038.72, together with interest from 01/26/2005 at the rate of$25.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HI'LLINAN &l SC}M~ By: ~linan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff File #: 110447 I.LL lM&............ o1laM .......... in SouIIs ModdJ_ TOWlUhip, C..,botfADd CoIllllf,PaIIIIy!vWo, boh>a LoI. No. 2, bounded ADd "-ibcd -a" Fioal __I'IIAlW SRlJ. _wi PeiIl7 s..Wblti:omb, prepu<d by ._Moway ~ IIOd Auod_'-d<tod s.-w20.lmlll>ll ....-In CanlbcJI&od C_,PallllyIwni. Ploa Book Poet ,os follow>: BEGINNING It. poIDIIII WosI Old Vorl< ROllI (S.R. 017<4J. _ 0I0IIlI othe1 JondoO(~""""_I~_11 mlnutuJtlCCOl1dJ WuoJ40.00 roe' "'.. inln....ICI:.........,. othe1londtoru..o_llc1ti.. Nonla 75 dcpe&J9 _ 27........ EosI7JS.OO r..... on... pm '""....... 01_ _.... '" f..-lf otlCal... A, M"'......... Joy 1.. MI\iuIde. SOUlllI~........ 15 "'"'- 00 _ EosI340.11 r... "'..... pIo ...1. w... Old Vorl< _Ib.... wllbl. WillOW YodtRood,_7~ oIoar-lI ,.;_~I.._ WulI2I.OO f...'" , . poiot; Ibcace wldllo..... _75 dqsctS S9..;..... 15......,. Wal567.13 r'cllO a poiol; _ widllo...... SauIb 75 _.. mi..... 21 ....ods Wool 39." fcoI'" apoin("'!" '....ofBEOINNINO. (:ONTAlNlllO 5.:lU......... BEING ilnprDvc:d with . stoac d,wdIina house. fnwc bIBk barn and other ..t"'ld~ PREMISES BEING: 325 WEST OLD YORK ROAD 81l1NG a JWt of u.. ..... jRIDiac:$ wbicIJ Ra)'lllOlld E. Diehl ADd Gcnmm A llichl, his wit.. by Ibeir d.... da1cd ScplcJDbcrlO, 1991, R<Onf<dlD 0lJDberIanli eo..l)'. r..u..)'I....... RccWdcr of D=Io Olli.. 1D O,.d 0001< 115 '.p 2U _toll IIIll_VOfCIl ""'" 8m J. Wbi_.... "1IIl' Suo WItJtcoDlb, Oron"'; ........ . VERIFICATION Robert Lelli hereby states that he/she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhislher knowledge, 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: I b#. s- p .(,0., ((j 7J fl lrl ~ VI lrl ...., C> (I ..-p 0 r^ .,..::> -n ~ '::~~, o:;...i'\ ::t,-I"\ f"" -U '- ~ ';t']"" 111 f";;; 0 -;il: 4~t? ~ r I'~ J\) 0 <> -l () ~ )..) ..{J '):.~H '~~2 Sj~ G --.1 t ('" ::-;:. (2.r; .(_-,-t" 9 '".j i_,. _A +-- "?,:"- 0 ';.~ --L -3 0") .....<, - -- Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation COURT OF COMM N PLEAS CNIL DIVISION vs. CUMBERLAND CO TY Henri Merkelo NO. 05-513 Civil Te 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-captio d Defendant, Henri Merkelo, by first class mail and certified mail to the last known address and mortgaged premises, located at 325 West Old York Road, Carlisle, PA 17013, and in support thereo avers the following: 1. Attempts to serve Defendant, Henri Merkelo, with the mplaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defe dant, Henri Merkelo, at the above-mentioned mortgaged premises of 325 West Old York Road, C lisle, PA 17013. As indicated by the Sheriffs Retum of Service attached hereto as Exhibit "A", s rvice was attempted numerous times, lights were on, but there was no answer at the door. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good fai effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specifi inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its intemal records and has not be n contacted by the Defendant as of April 7, 2005 to bring loan current. \ I , , 4. Plaintiff submits that it has made a good faith effort to loc\te the defendants, but has been unable to do so. , ! WHEREFORE, Plaintiff respectfully requests this Honorabl Court enter an Order pursuant to Pa.R.c.P. 430 directing service of the Complaint by first class mai and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, 1. .P. By: Daniel . Schmieg, Esqui Attorney for Plaintiff Date: April 7, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No, 62205 One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 vs. COURT OF C MMON PLEAS CIVIL DIVISI N CUMBERL COUNTY NO. 05-513 Ci I Term GMAC Mortgage Corporation Henri Merkelo MEMORANDUM OF LAW Pa. R.c.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the pI intiff 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 t e defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" Of the fact that a Defendant has moved without leaving a new rwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adopti n mailed to last known address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities in luding inquiries pursuant to the Freedom of Information Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, friends and employers of the fendant and (3) examinations of local telephone directories. voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attach d hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good ith effort to discover the whereabouts of the Defendant has been made as evidenced by the ttached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorabl Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class ma' and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L. .P. ./ By: Daniel G. Schmieg, Esquire Attomey for Plaintiff Date: April 7, 2005 _ 6~~,b+ A ~ SHERIFF'S RETURN - NOT FOill~D CASE NO: 2005-00513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MERKELO HENRI R. Thomas Kline ,Sheriff or Deputy She iff, who being duly sworn according to law, says, that he made a di igent search and inquiry for the within named DEFENDANT MERKELO HENRI but was unable to locate Him in his bailiwick. He therefor returns the COMPLAINT - MORT FORE , 'OT FO~ , as to the within named DEFENDANT , MERKELO HENRI 325 WEST OLD YORK ROAD CARLISLE, PA 17013 . I SERVICE WAS ATTEMPTED NUMEROUS TIMES, LIGHTS WERE ON BUT NO ONE WOULD ANSWER THE DOOR. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.10 5.00 10.00 .00 44.10 So _~:s~~~? /...~_ .....).....:,:. ~_..,,- R. Thomas Kline Sheriff of Cumberland C~unty PHELAN HALLINAN SCHMIEG 02/28/2005 Sworn and subscribed to before me this day of A.D. Prothonotary ((o'l) " Xhlbt + 13 - f MKV, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: Attorney Firm: Subject: 107052 PHELAN HALLINAN & SCHMIEG, LLP Herui Merkelo Current Address: Property Address: Mailing Address: 325 West Old York Road, Carlisle, PA 17013 325 West Old York Road, Carlisle, PA 17013 325 West Old York Road, Carlisle, PA 17013 I, Mary Scrocca, being duly sworn according to law, do hereby depose and state s follows, I have conducted an investigation into the whereabonts of the above-noted individual(s) nd have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and corrcct. Henri Merkelo - 335-32-2337 B. EMPLOYMENT SEARCH Henri Merkelo- A review of the credit reporting agencies provided no emplo ent information. C INQUIRY OF CREDITORS Our inquiry of creditors indicated that Henri Merkelo residers) at: 325 West Carlisle, PA 17013. II INQillRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 1/10/05 our office contacted directory assistance which indicated that He i Merkelo residers) at: 325 West Old York Road, Carlisle, PA 17013. Our office made a telephOJ e call to the mortgagor's phone number and received the following information: unpublis led number. III INQillRY OF NEIGHBORS On 1/11/05 our office contacted R Kline (male neighbor from fanner address 50 Church Lane, Carlisle, P A 17013, (717) 486-5134; he was able to verifY that Henri Merkelo residers) at: 325 West Old York Road, Carlisle, PA 17013. R. Kline verified that Henri Merk 10 resided at 57 Church Lane, Carlisle, P A 17013 for two months and then moved back to 32 West Old York Road, Carlisle, PA 17013. R Kline also verified that Henri Merkelo owns S an Lake Mansion, 108 Bucher Hill Road, Boiling Springs, P A 17007. Our office attempted to c ntact Swan Lake Mansion, (717) 258-5717 on 1/11/05 @ 6:30 PM and 8:00 PM, 1/12/05 @ 9: 0 AM & 3:00 PM and 1/13/05 @ II :00 AM & 1:00 PM; each time we received a taped messag saying we reached Swan Lake Mansion; no one ever answered. On 1/13/05 our office contacted . Byer (male) 337 West Old York Road, (717) 218-5122; he could not confiml nor deny that He ri Merkelo residers) at: 325 West Old York Road. Carlisle, PA 17013. IV, ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 1/10/05 we reviewed the National Address database and found the followi g information, Henri Merkelo - 325 West Old York Road, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inqniry of creditors, the following is a possible mailing address: No a dresses on file. V. DRIVER LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were wlable to obtain address i If ormation on Henri Merkelo. VI. OTHER INQUIRIES A. DEATH RECORDS As of 1/1 0105 Vital Records and all public databases have no death record on file for Henri Merkelo. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration was wlable to confirm a registrati n for Henri Merkelo residing at: last registered address, C PUBLIC LICENSES (PILOT, REAL ESTATE, ETC) Our office conducted a search for public licenses and found the following: N records on file. VII. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH Henri Merkelo - 6/12/39 B. A. KA None . All accessible pnblic databases have been checked and cross-referenced 'or the above- named individnal(s). 'Please be advised all database information indicates the subject resides t the current address. The Ulldersigned Ullderstands that this statement herein is made subj ct to the penalties of 18 Pac C S. Sec. 4904 relating to Ullsworn falsification to authorities. I hereby verifY that the statements made herein are true and correct t the best of my knowledge, information and belief and that this affidavit of investigation is m de subject to the penalties of 18 Pac C. S. Sec. 4904 relating to Ullsworn falsification to authorit es. /~~L- AFFIANT ary Scrocca MKV, INC. President before me this /3/jay of c) 2005 CO EALTH OF PENNSYLVANIA NolaIlal5eal Marl< J. Scrocca, NoIa!y Public Welt Gollhen Twp.. Chester County My Corm1tIsIon Explll8 Dec. 4, 2007 Member, Fiennsylvl!Ima Association Of Notaries The above intormation is obtained from availahle public records; and we are only liable tor the cost ofthe atlidavit VERIFICATION Daniel G, Sclunieg, Esquire, hereby states that he is the Attorney or the Plaintiff in this action, that he is authorized to make this Affidavit, and that the state ents made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDE OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject 0 the penalties of 18 Pa. C.S, See, 4904 relating to unsworn falsification to authorities, Respectfully submitted, Phelan Hallinan & Sclunieg L.L.P, By: Danie G. Sclunieg, Esqu' Attorney for Plaintiff Date: April 7, 2005 Phelan Hallinan & Schmieg, L.L.P, By: Daniel G. Schmieg, Esquire No, 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation COURT OF COMM N PLEAS CNIL DNISION Vs. CUMBERLAND CO Henri Merkelo NO. 05-513 Civil Te CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy fthe foregoing Motion for Service Pursuant to Special Order of Court, Memorandum 0 Law, Proposed Order and attached exhibits have been sent to the individual as indicate below by first class mail, postage prepaid, on the date listed below. Henri Merkelo at: 325 West Old York Road Carlisle, P A 17013 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmie ,L.L.P, By: D G. Schmieg, Esq t Attorney for Plaintiff Date: April 7, 2005 /~ C" c.f ( ~j --; ,",-,) ~i "n ".. :..~? -,~, o " :;j fh .:n r- -0,11 :oy I.:) ,. u-.,I -, .,. ',', : _ __~:.t} ~:'~~ ~f~ :-'6 -<: " :x G.) PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T, PHELAN, ESQ" !D. NO, 32227 FRANCIS S, HALLINAN, ESQ" !D, NO, 62695 DANIEL G. SCHMIEG, ESQ" !D, NO, 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND County HENRI MERKELO No. 05-513 CIVIL TER Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: F CI S HALLINAN, ESQUIRE 1\ WREN T. PHELAN, ESQUIRE ANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: April 7,2005 /jrh, Svc Dept. File# 110447 t-.> g en ".. -U ?J o -" ~-n rn~- r:-, -,":1('1 -"'1) ()O ~~:!.A 7)-" ::.~/ C~ c5rri ~~ -0 :x ~? SHERIFF'S RETURN - NOT FOUND . CASE NO: 2005-00513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MERKELO HENRI R. Thomas Kline ,Sheriff or Deputy Sheriff, who eing duly sworn according to law, says, that he made a diligent sea ch and inquiry for the within named DEFENDANT MERKELO HENRI ut was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MERKELO HENRI 325 WEST OLD YORK ROAD CARLISLE, PA 17013 SERVICE WAS ATTEMPTED NUMEROUS TIMES, LIGHTS WERE ON BUT NO ONE WOULD ANSWER THE DOOR. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 11.10 5.00 10.00 .00 44.10 ---r'"_~- ..- :':;;'<~..--~~~::~':"-~-'~.!--, ,- . R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/28/2005 Sworn and subscribed to before me this 7 day of ~ Olr>,g)/ A. D . 1 ~n~~"~j GMAC MORTGAGE CORPORATION, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, HENRI MERKELO, DEFENDANT 05-0513 CIVIL TERM AND NOW, this ORDER OF COURT Irk day of April, 2005, IT IS ORDERED that plaintiff may serve the complaint on defendant by publication once in a newspaper of general circulation in Cumberland County, including Carlisle, and once in the Cumberland County Law Journal. Following service, all further pleadings may be served on defendant by first-class mail to her last known address at the mortgaged premises, 325 West Old York Road, Carlisle, Pennsylvania 17013. B, the C9"~ ... ~ ,Bayley, J, ( ~iel G. Schmieg, Esquire For Plaintiff :sal ~: ( .';;: ~.~ ~~;1~..) ~~')t~ ~~ ;-. (J_ o (") Cb "f,- "'-~R .~ .::r r::-::: C\.. ....:.;; ."" C~ ~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21 'i) 'i61- 7000 ATTORNEY FORPLAWTWF GMAC MORTGAGE CORPORATION Court Of Common Pleas vs. Civil Division HENRI MERKELO CUMBERLAND County : No. 05-0513 CNIL TERM AFFmA VTT OF SERVTc;E HY PITRT .Tc;ATTON TN Ac;c;ORDANc;E WITH c;OlTRT ORDER I hereby certify that service ofthe Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated APRIL 17, 2005 as indicated below: By publication as provided byPa. R.c.P. Rule 430(b)(1) in THE SENTTNRT. on MAY 1R, 2005 and c;l TMHERT ,AND T,A W JOTTRNAL on MAY 27, 200'i. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties ofl8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~;2,tJ~ Francis S. Hallinan, Esquire Date: June 8, 2005 Martin Tray Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): __MavtB,2005. COPY OF NOTICE OF PUBLICATION - NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL'ACTION. LAW GMAC Mortgage Corporation Vs. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 05-513 Civil Term Henri Merkelo NonCE TO Henri Merkelo and: You are hereby notified that on JImlwy 2L. 2QQQ, Plaintiff, GMAC Mortgage Corporation, filed a Mortgage Foraclosure Complaint endorsed with a Notice to . Defend, against you in the Court of Common Pleas of Cumbertand County, Pennsylvania, docketed to No. 05-513 Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 325 West Old York Road, Cartisle, PA 17013 whereupon your property would be sold by the Shertff of Cumberland County. You are hereby notified to plead to the above referanced Complaint on or befora 20 days from the date of this publication or a Judgement will be entered against you. NonCE If you wish to defend, you must enter a written appearance personally or by attomey and1ile,your defenses or Qbjections in wrtting with the court. You ara warned that if you fail to do so the case may proceed without you and a judgement may be entered against you without further notice for the ralief requested by the plaintiff. You may lose money or propel1Y or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET I CARLISLE, PA 17013 (800) 990-9108 -~ - - ~!""" ~""'r 0:-1"< .... Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. U I, ,:jCMv\ ~ AALP1-- Sworn to and subscribed before me this 18th day of May, 2005. (~W1JJll' il I.! :o~ Notary Publk My commission expires: 9/1/00 COMMONWEALTH Of PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Public Carlisle Bora, Cumberland County My Commission Expires Sept 1, 2008 Member, Pennsylvania Association Of Notaries '::;OJ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz MAY 27,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 27 day of May, 2005 NOTAAI SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 . . CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05-513 Civil Tenn GMAC Mortgage Corporation vs. Henri Merkelo NOTICE TO Henri Merkelo and: You are hereby notified that on January 27, 2005, Plaintiff, GMAC Mortgage Corporation. rued a Mort- gage Foreclosure Complaint endorsed with a Notice to Defend. against you in the Court of Common Pleas of Cum- berland County. Pennsylvania, docketed to No. 05-513 Civil Tenn. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 325 West Old York Road, Carlisle, PA 17013 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FIcE 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 ABOm AGEN- CIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 May 27 10 ---------- o t;; r-' = c.;:? Gf\ (..- ~~ ",0<,';- - c...:> -0 -.-- ~- ~ ~ __,_ -r\ rrl r=: --o~ A~~ '='~~ :~, i-, ""') '7:'frl 9\ -p- ?;l <-:-: N C$) ------------- --------------- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 o GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SmTE 150 HORSHAM, PA 19044-0969 v. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION HENRI MERKELO NO. 05-513 CIVIL TERM Defendant(s). TO THE PROTHONOTARY: PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Kindly enter an in rem jUdgment in favor of the Plaintiff and against HENRI MERKELO and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/27/05 to 7/1/05 TOTAL $201,038.72 $3,900.00 $204,938.72 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. d7~-$~~ DANIEL G, SCHMIEG, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7/~/(;);j- , , PRO PROTHY PHELAN, HALLINAN AND SCHMIEG By: Lawrence T, Phelan, Esq., Id, No, 32227 Francis S, Hallinan, Esq" Id, No. 62695 Daniel G, Selunieg, Esq" Id, No. 62205 One Perm Center Plaza, Suite 1400 Philadelphia, P A 19103 (21 'i) 'i1i1-7000 GMAC MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Vs. : CIVIL DIVISION HENRI MERKELO : CUMBERLAND COUNTY Defendants : NO, 05-513 CIVIL TERM TO: HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE; P A 17013 DATE OF NOTICE: .JTTNE 17 200~ 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 MAYBE 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 MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTy BAR ASSOCIATION 32 SOUTH BEDFORD STREET '! E COp...t CARLISLE, P A 17013 . ;.., 4 (800)990-9108 ilJ..i.ACi J. JIof'~~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff .HI"'LAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 i215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 v. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION HENRI MERKELO NO. 05-513 CIVIL TERM Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HENRI MERKELO is over 18 years of age and resides at , 325 WEST OLD YORK ROAD, CARLISLE, P A 17013 . This statement is made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities, fJ~ fi--!r~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff (Rule of Civil Procedure No. 236) _ Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 v. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION HENRI MERKELO NO. 05-513 CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~/ t, 200 :;-:- By: ~ ttPUTY' . ' If you have any questions concerning this matter, please contact: rr1~", <jJ~~--J~ DANIEL G. SCHMIEG, ES~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHNF, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," '" ~ n = = C <.n :r.' ~[;i <- c: en? .- 8~ I 0' 't"'. '.-. :: ':"'11 -0 ~2F5 ~ .......... c=) -"- c5fn ~ --{ ~ c,:: ~ z w ~ -.J ~ ~~ ~ ......~ , b'~ \ ~ ....j l o -t: ] ~ ~ GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS HENRI MERKELO CIVIL DIVISION Defendant(s). NO. 05-513 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe 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 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 325 WEST OLD YORK ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa, C,S, Sec. 4904 relating to unsworn falsification to authorities. Julv I. 2005 DATE ;:~dG~~ Attorney for Plaintiff ';-'1 05"]-. ,:.s-;'~' ~- "'~'- ' "~~~ C' ~{;.'(~-,~! :2': "i C) r- ~> ~!J/\!':: ::s? "'- ~ .r.- - ~ , ~ 2:: /- I 0", 'i? 5! f11f!J ~1i1 '')'? ~::,.() ~~I~ ;..-- "'1 c?f) 6n"l 5;! ,"" -.;; PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. HENRI MERKELO CIVIL DIVISION Defendant(s). NO. 05-513 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'fJ~Y!J~ DANIEL G. SCHMIEG. ESQ Attorney for Plaintiff ;~ -t' - '];: 0~:;" c:.~ :?f ~~>. -,.',. -~ ~ :;:;.:: :6 -< ....., = C:;" c.n <-- c: I- I CT'\ o -0 :rl f1,:D r- -ofT': i-PY .:::1 c) ,--'-'1- B:r] -".0 25rn ~ .< ::2? -'~. N r N GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 05-513 CIVIL TERM HENRI MERKELO Defendant(s). July 1, 2005 TO: HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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 17013. is scheduled to be sold at the Sheriffs Sale on DECEMBER 7.2005 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $204.938.72 obtained by GMAC MORTGAGE CORPORATION (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 Sheriffs Sale, you must take immediate action: I. The sale will be cancelled 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. 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 Sheriffs 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 maybe 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 (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 ofthe money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylwnia, being Lot No, 2, bounded and described according to a 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 II minuleS 39 seconds West 340.00 feel to an iron pin set; thence by other lands of rhe Grantocs herein, North 75 degrees 39 millUtes 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. Tax Parcel #40-11-0290-020 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Henri Merkelo, single man by Deed from Bret J. Whitcomb and Peggy Sue Whitcomb, husband and wife, dated 10/29/1999 and recorded 10/29/1999 in Deed Book 210 Page 714. PREMISES BEING: 325 WEST OLD YORK ROAD, CARLISLE, P A 17013 q ~~: ~o, -;:J; . C~) 1- ;. u.\ -<, '<: ~, }-. s~~~ ~ .- .-, = = "" (.... c::: , I 0"' ~ .-1 ::en 'TJ 'p- -am -uC? ,:),-:; -:..:J::.,; ::.-~-- ..,1 ~,J(~ '-rn S':~ -.,. ~ -v :Jt: ~ r N (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 05-513 CIVIL TERM HENRI MERKELO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $204,938.72 Interest from 7/1/05 to DECEMBER 7, 2005 (per diem -$33.69) $5,356.71 and Costs TOTAL $210,295.43 rr~JlJ~ DANIEL G. SCHMIEG, E DIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. , . ..., ..... 0 r- ..... < ~ ~ ...:I rfJ .... ~;$ ~ u O~ Z Z ~ rfJ> 0 <...:I 0 .... .... ""' 0 r.-l>< ~ ;;l ~ ...:IrfJ U ~Z ~~ ~ "Ci Zz 0 0 <> Or.-l ~ ...:I r.-l = 0 i': ~~ ~ ~ ""2 >< <> ~ '" ~ . 0 O<l '0; t:I <> O~ .n U ""' ~ ~~ ...:I 10' uz r.-l <Ii r.-l ~~ 0 ~;;l '"' > ~ ""' S 00 < ii: ~~ rfJ '" "",U '"' ~g'" r.-l il ~t:I g Z 0.... ~ g. r.-l ~ 8 J~ 0. ;;l~ 0 == Vl <> r.-l~ ..... .... 8~ ~ ..., <> ~'-" ~ u .... r.-lr.-l U M Vi ==~ < ~ '" ~ -i:i <> ""'~ .... <> '0 Z;;l '"' ..... ~ ....u ~ ~ DESCRIPTtON ALL THAT CERTAIN traet of land situated iu South Middleton Township, Cumberland County, Pennsylvania. being Lot No.2, bounded and described according to a Final Minor SUbdivision Plan for Bret J. Whitcomb and Peggy Sue Wbilcomb, prepared by Fisher Mowery Rosendale and Associates, Inc., dated September 20, 1999 and recorded in Cumberhmd 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 II minutes 39 seconds West 340.00 feet to an iron pin set; thence by other lands of the Grnntors herein, North 75 degrees 39 minutes 27 seconds East 735.00 feet to an iron pin set; thence aloug 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 II minutes 48 seconds West 128,00 feet to a point; thence within same South 75 degrees 59 minutes IS seconds West 567.83 feet to a point; thence within same, South 75 degrees 48 minutes 21 seconds West 39.55 feet to a polm and place of beginning, CONTAINING 5.265 net acres. BEING improved with a stone dwelling house, frame bank barn and other outbuildings, Tax Parcel #40-11-0290-020 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Henri Merkelo, single mall by Deed from BreI J. Whitcomb and Peggy Sue Wbitcomb, busband and wife, dated 10/29/1999 and recorded 10/29/1999 in Deed Book 210 Page 714. PREMISES BEING: 325 WEST OLD YORK ROAD, CARLISLE, PA 17013 \ ~ " ~ l' \"'{ ~ ~ ~ ~ ~ ~ ..., l' ~ --- , ~ ~ >--... ~l i \\ 0=- "T\ ----., ~ ~ ~~~~ --... .\.).,' ~ \:) c) () ~\ ~~ ~ ~ J ,I' '. ~V u . \ l?~\ 0 '"" = 0 c ,= -n "" -;:] c- --I t-\ ..~ c:.:: r;.,., -.;" r- 'I -~. , -0 F;; ch - I :;;)Q _c' 0"1 ~~C, ~ C '"'"r' """1"- ~Tl ~-; c-; {:~5 C) .... );:. C~ I)? cSrn Z ::-1 :;.J .co ::0 N .< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due GMAC MORTGAGE CORPORATION Plaintiff(s) N005-513 Civil CIVIL ACTION - LAW From HENRI MERKELO, 325 WEST OLD YORK ROAD, CARLISLE, PA 17013 (I) 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 attaehmenl is fOUlld in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $ 204,938.72 L.L..50 Interest FROM 7/1/05 TO DECEMBER 7,2005 (PER DIEM _ $33.69) $5356.71 AND COSTS Atty's Comm % Atty Paid $126.10 Plaintiff Paid Date: 7/6/05 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonot~ tif J By: .... Lt.. ~ ~ ~~ II Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG ESQUIRE Address: ONE PENN CENTER 1617 JOHN F KENNEDY BLVD SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No, 62205 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 Office of the Prothonotary CUMBERLAND County Courthouse RE: THE CHASE MANHATTAN BANK AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1996-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 1996 v. EDWARD J. HOCKENBERRY and BARBARA E. HOCKENBERRY CUMBERLAND COUNTY, NO, 01-4551 Dear Sir, Please file the enclosed affidavit( s) in reference to the above captioned matter. Thank you for your cooperation. Yours truly, bmC Sandra Cooper for Phelan Hallinan & Schmieg LLP CC: Sheriffs Office of CUMBERLAND County AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SMC PLAINTIFF THE CHASE MANHATTAN BANK AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1996-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 1996 No. 01-4551 ACCT. #3002139008 DEFENDANT(S) EDWARD J. HOCKENBERRY BARBARAE.HOCKENBERRY Type of Action _ Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 SERVE EDWARD J. HOCKENBERRY AT 6 MIDDLE ACRES NEWVILLE, P A 17241 SERVED Served and made known to ~dw ,..,..,L:l. t\..<.~.."" 'p.","y, Defendant, on the '::<.3 of.L at Cjfr8 , o'clock?-.m., at G ~;d.J.k ~co(q / }J"'W\I,,\\.... day of -s;:;......... ,200~ , Commonwealth of Pennsylvania, in the mallller described below: ~Defendant personally served, Adult family member with whom Defendant(s) residers), Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ManagerrClerk ofplaee oflodging in which Defendant(s) residers), Agent or person in charge of Defendant(s)'s office or usual place of business, an officer of said Defendant(s)'s company. Other: Description: Age~ Height~ Weight~ Race WI.. Sex~ Other jv. "j\'n..::> I,C\a""........ L. Cb~'11 j;;, a competent adult, being dnly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in fhe manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscri);>ed LUCIUE~~PubIc befj>>;\:..IPethis~t'(j~ ~1.6."'.~. CauIItY of J..,t-'~ , 200~ /' ) My 10.2IlO7 Notary:~ ~ By: i?'Z. ~ ' PLEASE ATTEMPT SERVICQ AT LEAST 3 TIMES. INDICATE DA T MES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 o ~;~; ~;~. ~F-: ....- c'. :2 _,J -< ", = = <.n '- p I en o " :r" m- --oF;:; ''''6 c) =;:1,." o:i ZO om ~l :'D -< " 3: ':':' w -.I AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SMC PLAINTIFF THE CHASE MANHA TIAN BANK AS TRUSTEE OF IMC HOME EQlliTY LOAN TRUST 1996-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 1996 No. 01-4551 ACCT. #3002139008 DEFENDANT(S) EDWARD J. HOCKENBERRY BARBARAE.HOCKENBERRY Type of Action _ Notice of Sheriffs Sale Sale Date: SEPTEMBER 7, 2005 SERVE BARBARA E. HOCKENBERRY AT 6 MIDDLE ACRES NEWVILLE, PA 17241 SERVED Served and made known to /3~b;:H'" f", \{;;oc.\. ~~\'~'''1 ' Defendant, on the :;;13'" ~ day of --jz-tJ ~ ,20of'at '1,'f~ ,o'clock~.m.,at G M'.U.\Q.. J;.N~"" / ~,<",-,~..\\l:::... , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. 1 ~Adult family member with whom Defendant(s) residers). Name and Relationship is ill u.Io~t-..! ~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, C".~ "",.." ~ ~ Manager/Clerk of place of lodging in which Defendant(s) residers), F- Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company, O~ . \, I Description: Age~ Height~ Weight :;1..00 Race (..Ul,..Sex pA Other /'Jo "\ilI'....... Id';)v.......c.... L, Go/L-"s1 -r:" ~ competent adult, being duly sworn according to law, depose and state that I personally handed a true and cdrn!ct 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. Rock..,",,""""? Sworn to and subscr~ed before me this~~ ~ of"'J'=.... <::. , 200.!;l ~ NOtary~ ~ By: c1' PLEASE ATTE~PT SERV~E AT LEAST 3 TIMES. INDICATE DATE ATTEMPTED. NOTARW.8EAL lUCI.LE H. CARTY,=",* My Nov.1~ NOT SERVED On the day of ,200_, at o'clock _,ill., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 sl Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 '"",;..> ~j r" ~-, >.('; !;-:..( , "".'-- -'"" ~~;. -:3 -, (') <;;; I~?}_C -.;' '" = = "'" <- C:: r- I 0'\ -0 ::I;: ry (.., -..J fi? :r_ nl-U ;'1JFn -'yO r.J~) ,:Lt '-~-d 90 ofn o---t ~ -< PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 June 29,2005 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 RE: PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION v, BRUCIS M. CARTER CUMBERLAND COUNTY, NO. 04-5230 CNIL RE: AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 Dear Sir or Madam, Enclosed please find the following: XX Affidavit of service pursuant to rule 3129 with attachments. Please retum a time-stamped copy in the self addressed stamped envelope that has been provided for your convenience, Thank you for your cooperation. Yours truly, Sandra Cooper for PHELAN HALLINAN & SCHMIEG CC: Sheriffs Office of Cumberland County AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY SMC No. 04-5230 CIVIL DEFENDANT(S) BRUCIS M. CARTER ACCT. #0011812682 SERVE BRUCIS M. CARTER AT 312 EAST NORTH STREET CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7,2005 SERVED Served and made known to Ayv ~ ; ~ M, C'o((..4-~ at C;/J>~'O'clock~.m"at:5/d.. Z::~.5<l- ~o<<!s\.., , Defendant, on the :2 3 '< C. CaY" i"j \~ dayof ~""" , 200,2, '5&, . " , Commonwealth of Pennsylvania, in the mallller deseribed below: 'i>Z Defendant personally served. Adult family member with whom Defendant(s) residers). Name and Relationship is Adult in charge ofDefendant(s)'s residenee who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) residers). Agent or person in charge ofDefendant(s)'s office or usual place of business, an officer of said Defendant(s)'s company. Other: tl.S' Weight@ RacemSexL Other 5\~.1"e'" ~ Description: Age :3' ~ I 1l....~..... l. C,"-~ , a true and correct copy of e Notice of Sheriff's Sale in the mallller as set forth herein, issued in the captioned case on the date and at the address indicated above, , a competent adult, being duly Sworn aecording to law, depose and state that I personally handed Sworn to and subs~IWd befo!J'-llle this.;l 'dftX of-()"'"..,.... ,200.2 Notary~ ~ By: PLEASE ATTEM~T SERVI~ AT LEAST 3 TIMES. IND NOTARW.8fAL LUCIlE H. CARTY. NolIry PlilIll 1i . FIIIIkIn CGlIIlv My . '.m ES & TIMES OF SERVICE ATTEMPTJi:D. NOT SERVED On the day of .200_, at o'clock _,m" Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 o ~ ..,'" -;:) f~r- !~J,f_:: 2': ,~ ~~. G:: '~~~~'l ';P-C: -7 :2 ,...., ~ '- c::. r I 0" /- -0 :J1;: ~ '1,.,., n'r=: 11m ~~, b::!J -M t:/ ..'-\ ;B: ~ N ., W ....J Office ofthe Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 F\d~,r-,~. OF, 1\1~ FH'v C' jUL \ 2. " ,.,\" Pi\ r. t-'... i , COUNTY ":\M ~ \.3 ~ 'i701~M~ \1:- c ~; rl \.J ;' , "=1 ---.- ----\ HENRI MERKELO 325 WEST OLD Y6IlK ROAD CARLISLE, P A 17013 MERK32S i70i3302i io05 1~ 07 RETURN TO SENDER MERKELO'l-lENRI MOVED LEFT NO ADP~E55 UNABLE TO FORWARD RETURN TO SE~DER 1,llll."lIl,",ll1ll1l,II,"IlI,I.IIIl,I,III.I"I.I,,1 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs, No.: 05-513 CIVIL TERM HENRI MERKELO AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to HENRI MERKELO on 7/11/05 at 325 WEST OLD YORK ROAD, CARLISLE, PA 17013, in accordance with the Order of Court dated 4/17/05. I filrther certify that the mortgaged premises was published by 'THE SENTINEL' on 7/12/05, and by the 'CUMBERLAND LAW JOURNAL' on 7/15/05 in accordance with the Court's Order. The undersigned understands that this statement is made subject to the penalties of 18 P A e.S. s 4904 relating to unsworn falsification to authorities. fr~ JI--<P ~ DANIEL G. SCHMIEG, E QUIRE Date: July 26. 2005 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberlailld Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL. a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Julv 12, 2005. COPY OF NOTICE OF PUBLICATION ~".~<lViIL;"'~._\i. it:>:,. ' .;. ..11I1 il~iJn ."'. . ~.......,.,.. ,-_,k, ~ .'., 'lYlrlU"d,Il4I~.V In SOUTH , .AND. COfhmo"...\m of ID WIt -".. DMTI.IIIll."__ -.1.....1,.I""II1ttl1K..--....- .ft.t.~...11'AIl_ ~~~mt~ ... " _, 'ClI\IofllOUTH"IOO1.lTON,Coutllyof~l_ .. ,.", ""UTIQlJ)jCill'I'Ii:IAIJ,CAALl$I.e, PA 17013 ',,"]!i:t';,4,;;';'.':>':":' ,';,:;.;....' ......~, "._ . .. J.... i,"",'i'" ~_;:,~'~~Jl:~~c',,;,: -_, ' . ,.., ''''':_~''. Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place ,md character of . publication are ttue.~ '~~rvtG'~ ,,' ; Sworn to and subscribed before me this i 13th day of July, l005. c~);qU)~ Notary P Iic My commission expires: 911/0f COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cl1nstina L. Wolfe, Notary Pubtle Ca~isle BOlO, CUmberland COunty My Commission Expires Sept!. 2008 Member, Pennsylvania Assor.iation Of Notaries ,"''''''; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, sincl: January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 15,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - S TO AND SUBSCRIBED before me this IS day of Julv.2005 I SEAL LOIS E. SNYDER, Notary Public Carlisle Bora. Cumberland County MV Commission ElCJlires March 5. 2009 CUMBERLAND LAW JOURNAI, NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 05-513 Clvtl Term GMAC MORTGAGE CORPORATION vs, HENRI MERKEW NOTICE TO: HENRI MERKELO NOTICE OF SHERIFF'S SALE OF REAL PROPERlY ALL TIiAT following described lot of ground situate. lying and being In SOUTH MIDDLETON TOWN- SHIP. County of CUMBERLAND, Commonwealth of Pennsylvania. bounded and limited as follows, to wit: DESCRIPTION ALL TIiAT CERTAIN tract of land situated in South Middleton Town- ship, Cumberland County. Pennsyl- vania. being Lot No.2. bounded and described according to a Final Mi- nor Subdivision Plan for Bret J. Whitcomb and Peggy Sue Whitcomb. prepared by Fisher Mowery Rosen- dale and Associates, Inc., dated September 20. 1999 and recorded in Cumberland County. Pennsylva- nia Plan Book _' Page _' as fol- lows: BEGINNING at a point in West Old York Road (S.R. 0174). thence along other lands of Grantors here- in. North 14 degrees 11 minutes 39 seconds West 340.00 feet to an tron pin set; thence by other lands of the Grantors herein, North 75 de- grees 39 minutes 27 seconds East 735.00 feet to an iron pin set; thence along land now or formerly of Kalv1n A. Majeskie and Joy L. Majeskie, South 14 degrees 15 min- utes 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 wiUlin 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 beginn:lng. CONTAINING 5.265 net acres. BEING improved with a stone dwelling house. frame bank barn and other outbuildings. Tax Parcel #40-11-0290-020. is scheduled to be sold at the Sher- 1ft's Sale on DECEMBER 7. 2005 at 10:00 A.M., at the CUMBERLAND County Courthou.se, SOUTH HAN- OVER STREET to enforce the Court Judgment of 7/1/05. obtained by GMAC MORTGAGE CORPORATION, (the mortgagee). against you, Prop. sit. In the City of SOUTH MIDDLETON, COlmty of CUMBER- LAND. and State of Pennsylvania. Being Premises: 325 WEST OW YORK ROAD, CARLISlE. PA 17013. Improvements consist of residen~ t1al property. Sold as the property of HENRI MERKELO. TERMS OF SAcE: THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. The purchaser at the sale must take ten (lO%) percent down pay- ment of the bid price or of the Sheriffs cost, whi.c:hever is higher, at the time of the sale in the fonn of cash, money order or bank check. The balance must be paid within ten 2 CUMBERLAND LAW JOURNAL {lQ} days of the sale or the pur- chaser will lose the down money. DANIEL SCHMtEG. ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station t6I7 John F, Kennedy Boulevard Suite 1400 Philadelphia. PA I9t03 (2 I 5) 563- 7000 July 15 3 ~'? ~ ";;,;; <...., , . I'"'' ,-,..' -' r- :.2 0::> 2} - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GMAC MORTGAGE CORPORATION ) CIVIL ACTION ) vs, HENRI MERKELO ) CIVIL DIVISION ) NO, 05-513 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 7/1/05 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 3. 2005 ~~ NIEL G, SCHMIEG, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORA nON CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS HENRI MERKELO CIVIL DIVISION Defendant(s). NO. 05-513 CIVIL TERM AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, 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, P A 17013 . 1, Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17013 2, Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 325 WEST OLD YORK ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July L 2005 DATE ~!~~IRE Attorney for Plaintiff ~"" "0 g " o - , z "'l 1< ~ "'0 ~ ~ ~ o o !1 - v. ;0"" [;l o 0 H. g, < z ~ ~~ ~~ , ~8, o'S @g n 0 o , 0 Cf; ~ m'" .g~ 5'; 1~ ~ g z ~ 0 ;; g 0 $: 0 ~ ~t',&~;;I ~ $l @ ~ ~~8~p. 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"'Cl - ~.. ~ ~ ~ ;;'0 ~ 0; :\t-~PQsI4_ <0 "" 15"""""""- I Z 1;.1;.&=~~ ':). ~...--- "''lNE~ ROVW-S 021A $ 01.200 0004300371 JUL 01 2005 MAILED FROM ZIP CODE 1 91 03 \ \ \ \ \ \ I \ I \ 1\ :I: -l m ~ ~ ~ ~ ~ ~ 8 s ~ .", ~ t: -l \ ..: .' : z . ~ (') C::l ~ ~ ~ n ~ ~ ~ fj ~ ~ ~V-J ~ Vi ~ ~ ~ ~ ~ ~ 6 '< 63 S ~ ~ -< . ~ o t) t:l ~ \;J 8 25 ~ 2 E; ~ ~ ~(') ~ .- ~ 6 z _ ", 0 ~ :E ~ m m ~ .~ ~ ~ c3 J';; 0 ~ '"0 < g ~ o [J} X -l N G; ~ ~ i ~ [J} [J} to t;; C ~ fS ~ ." ::::; ?> S ::::; w - o v. :E m [J} -l 8 -< ~ 3 ~ (') ~ [J} r;; ." ?> - -.l o ~ w ia, >- ~ i ~ '" ~ ;. g, .. ~ o ~ . >- ~ " S 0 ...., 0 (:~ c.:;.:::> -n ."' C.;"l .....- _--I c? 7..t:..,., 1 i1i-':: -,~ j-;j 0 ?J iT! " (~) c -"0 - , '-;"1 -"-~ (-~ (-) \ t1 r-,) ~, --~ ['" ~_;3 N -< GMAC Mortgage Corporation VS Henri Merkelo In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-513 Civil Term R, Thomas Kline, 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 Real Estate Writ, Notice of Sheriffs Sale and Description, as NOT FOUND, as to the defendant, Henri Merkelo, Eighteen attempts at service were made at 325 West Old York Road, Carlisle, P A 17013, but contact was not made with any individuals, Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October II, 2005 at 6:00 o'clock P,M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Henri Merkelo located at 325 West Old York Road, Carlisle, Pennsylvania, according to law. R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg, Sheriffs Costs; Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills 30,00 730,55 15,00 15,00 .50 1.00 24,00 1.33 15,00 20,00 .74 383,00 317.36 20.89 1,574.37 2006, A.D. So Answers (~ac: ~-c:t:!.~~ R, Thomas Kline, Sheriff Sworn and subscribed to before me ~\0' 51~1)H( , ch- riP (&v' I '. GMAC MORTGAGE CORPORATION ! CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS HENRIMERKELO CIVIL DIVISION Defendant(s). NO. 05-513 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) 1, Name and address ofOwner(s) or reputed Owner(s): Name ~ .~ Last Known Address (if address cannot be:2 reasonably ascertained, please indicate) ~ .r;:- '" HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17013 2, Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , 4. Name and address ofJast recorded holder of every mortgage of record: Name Last Known Address (if address CllIUlot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address CllIUlot 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 325 WEST OLD YORK ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities. Julv I. 2005 DATE 'ff~JlJ~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff , <. GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 05-513 CIVIL TERM HENRI MERKELO Defendant(s). July 1, 2005 TO: HENRI MERKELO 325 WEST OLD YORK ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, [F YOU HA VE PREVIOUSLY RECElVED A DISCHARGE TN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A HEN AGArNST PROPERTY. ** Your house (real estate) at, 325 WEST OLD YORK ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $204,938.72 obtained by GMAC MORTGAGE CORPORATION (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 SHERlFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled 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. 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed Of stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ------' " DESCRIPTION ALL THAT CERTAIN traet of land sitllJlled in South Middleton Township, Cumberland County, Pennsylvania. being Lot No, 2, bOUllded and described according to a Fmal Minor Subdivision Plan for Bret J, Whitcomb and Peggy Sue Whitcomb, prepared by Fisber Mowery Rosendale and Associates, fnc., dated Seplember 20. 1999 and recorded in Cumberland County, Pellllsylvania Plan Book _ Page _, as follows: BEGfNNING 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 feel to an iron pin set; thence by other lands of the Grantocs herein, North 75 degrees 39 minutes 27 seconds EaSI 735.00 feet to an iron pin sel; thence along land now or formerly of Kalvin A. Majeskie and Joy L. Majeskie. South l4 degrees 15 minutes 00 seconds East 340. I1 feel 10 an iron pin sel in West Old York Road; dlence witltin West Old York Road, South 74 degrees 11 minutes 48 seconds Wesl 128.00 feet 10 a point; th= within same South 75 degrees 59 millUtes l5 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. Tax Parcel #40-11-0290-020 RECORD OWNER TITLE TO SAID PREMISES IS VESTED fN Henri Merkelo, single man by Deed from Beet J. WhilcQmb and Pew Sue Whitcomb. husband and wife, dated lO12911999 and recorded 1012911999 in Deed Book 210 Page 714. PREMISES BEING: 325 WEST OLD YORK ROAD, CARLISLE, PA 17013 " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-513 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From HENRI MERKELO, 325 WEST OLD YORK ROAD, CARLISLE, PA 17013 (I) 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) uotlevied 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 $ 204,938.72 L.L..50 Interest FROM 7/1/05 TO DECEMBER 7,2005 (PER DIEM - $33.69) $5356.71 AND COSTS Atty's Comm % Atty Paid $126.10 Plaintiff Paid Date: 7/6/05 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG ESQUIRE Address: ONE PENN CENTER 1617 JOHN F KENNEDY BLVD SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No, 62205 --' Real Estate Sale #06 On August 31,2005 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A 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: August 31, 2005 By:' Jc;dl{ JvvuJ ~ Real Estate Sergeant (.,"; I" I .~. . ~ @ Vii'1 ,'4. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws ofthe Commonwealth ofPellllsylvania, with its principal office and place of business at 8]2 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively. and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared in the 25th day(s) of October aud the I" aud 8'" day(s) of November 2005, That neither he nor said Company is interested in the subject matter of said prmted notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid aud is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders aud board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and subscri d is 23rd day of November 2005 A.D. NOTARIAl 5tA1. Terry L. Russell. Notary Public City of Harrisburg, Dauphin County My Commission pires Ju e 6. 2006 /~mb.r,p.nn'YIV ~aA"~'.ftitl OINOlarl.. /-e/Z/ZC 1/ /(~a NOTARY PUBLIC My commission expires J line 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PAc 17013 REAL ESTATl! SALE No. Of Writ No. 2011-I13 CIvtIT..... GMAC ~ CorponItIon Vs Henrl_o Ally: DsnIeI Schmieg DESClIIPTION AllTIIAT CERfAIN tract of land &ituated in Sooth MiddJeton Townsbip, Cjunberland County, Pennsylvania, being"I..ot No, 2, bounded and described according to a Fioal Minor Subdivision Plan for Bn:t: ]. Whitcomb and Peggy Sue Whiroomb, prepared by FISher Mowry_. and Associales, Inc.. _ Seplember 20, )999 and _ io Cumbedaod Coonly,Pennsylvama Plan Book _Page _ ,as follows: BEGINNING at a point io \\08, Old York Road (SH, 01741.lIten<e aIoog other lands ofGraotoffl ~~m.N~I4~~l1mmu~39~ West 340.00 feet to an iron pin set; thence by other lands of the Grao.... boreio, North 75 degrees 39 minutes V. secands East73500feet to an iron pin set; Ihence along Iandnow or funnerly of Kalvin A, Majeski. and Joy L. Majeskie, Soolh 14 degrees 15 mioo.. 00 seeoods East J40.11 feet to an iron pin set in West Old York Road; thence witltio Weal Old York Road, Soolh74 degrees 11 mine 48 seconds West 128.00 feet to a point; lben<e witItio same _ 75 degrees 59 miouteS 15 seeoodsWeatSli7.K3feet to a point; tbooce within same. South 75 degrees 4S min~ 2l seconds West 3955 feet to a point and place of BEGINNING. CONTAJNIN(l5:J65 pet acres. BBlNG impoved with a stone dwelling hoUlle, __baroand o'lterouthuildinga, TaxPatteI_l1.(l~, TITI.E TO SAID PREMISES is vested in Henri MerkeIo. single man, by Deed from Bret J. Whiteomb and Peggy Soe Wbitcomb,Jwsband and wife. _ 10/29/1999 and reoonIed 10/29/1999 ioDceclBoolr.2IOPago714, PREMISES BBlNG: 325 West Old YOIt Rood, Cadislo,PAl111I3, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, !1t:- TO AND SUBSCRIBED before me this 28 day of October, 2005 Y! ~ ~L_!~!~v r ~iOT"f!I;;., ,"E~l. LC~S E. ::J~'{::)f:H. j'i,;(Jry Club'< I C )rb\~! g'""':;'.>jmb~';.I,,d CDIj,'l~\J L::~~.~I:~~~i~, {,~ I, :::.,^=,':'.' ~~2:~. __._,:~~:,~, >~:. .::?(.~~: REAL ESTATE SALE NO. 6 Wrtt No, 2005-513 Clvtl GMAC Mortgage Corporation VS, Henri Merkelo Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situated in South Middleton Town- ship, Cumberland County. Pennsyl- vania, being Lot No.2, bounded and described according to a Final Mi- nor Subdivision Plan for Bret J. Whitcomb and Peggy Sue Whitcomb. prepared by Fisher Mowery Rosen- dale and Associates, Inc., dated Sep- tember 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 min- utes 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 min- utes 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. Tax Parcel #40-11-0290-020. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Henri Merkelo. single man by Deed from Bret J. Whitcomb and Peggy Sue Whitcomb. husband and wife. dated 10/29/1999 and recorded 10/29/1999 in Deed Book 210 Page 714. PREMISES BEING: 325 WEST OLD YORK ROAD, CARLISLE. PA 17013,