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Home My WebLink About11-1179Phllar Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. JOSEPH H. GERDES, III 472 SOUTH NURSERY DRIVE MECHANICSBURG, PA 17055-7018 Defendant - r ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM: NO. 1I-(17/(.iVj'1Ter04 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 259326 259326 s avv sqa-oo N 0-11-b a I 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 #: 259326 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH H. GERDES, III 472 SOUTH NURSERY DRIVE MECHANICSBURG, PA 17055-7018 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2006 JOSEPH H. GERDES, III made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANK/HARRISBURG, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1957, Page 3448. The PLAINTIFF is now the legal owner of the mortgage 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 09/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 259326 6. The following amounts are due on the mortgage: Principal Balance $201,206.36 Interest $5,234.14 08/01/2010 through 12/20/2010 Late Charges through 12/20/2010 $274.40 Subtotal $206,714.90 Escrow Credit 463.93 TOTAL $206,250.97 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 259326 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $206,250.97, together with interest from 12/20/2010 at the rate of $37.2094 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. o. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judi T. Romano, Esq., Id. No. 58745 ? Shp tal R. Shah-Jani, Esq., Id. No. 81760 ? nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 259326 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. T31 (the 'Unit'), of Gala Square, A Townhome Condominium (the 'Condominium'), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Gala Square, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 719, Page 3313 and Right of Way Plan Book 13, Page 111, respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to File #: 259326 pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit and such charges for maintenance, repairs, replacements and other expenses in connection with operating and maintaining the Common Infrastructure Elements of Winding Hills, A Planned Residential Development, as may be assessed against him, her, them, it, or said Unit, from time to time by the Executive Board of the Gala Square Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. PROPERTY ADDRESS: 472 SOUTH NURSERY DRIVE, MECHANICSBURG, PA 17055-7018 PARCEL # 42-10-0256-105-UT31 File #: 259326 i Dra R. DqW VERIFICATION Dootmion Oomal OMm hereby states that he/she is of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CTTIMORTGAGE, INC., that he/she is authorized to make this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: q,? ?'? COL Name: Title: Ccnfi-o bl--h Ck Servicer: CITIMORTGAGE, INC. PHS#: 259326 Name: GERDES SHERIFF'S OFFICE OF CUMBERLAND COUNTYL C? Ronny R Anderson `a C" r -n -r. = 1"71 Sheriff aa ) rn l ?? ?,tl} Ql L??IIi 1,Ir'?'f rn ? _ ??f i Jody S Smith y K O U'' -- -. i? Chief Deputy -` Richard W Stewart < ';-- -? ' Solicitor ` zz, Citimortgage, Inc vs. Joseph H. Gerdes, III Case Number 2011-1179 SHERIFF'S RETURN OF SERVICE 02/07/2011 07:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2011 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph H. Gerdes III, by making known unto himself personally, at 472 Nursery Drive South, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 February 08, 2011 TIM B CK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF r nm . r E .,,-A nc? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs JOSEPH H. GERDES, III Defendant Court of Common Pleas. Civil Division CUMBERLAND County No. 11-1179-CIVIL-TERM TO THE PROTHONOTARY: (7 c:°7 a- r__2 C.J G'7r Cl -= r CD y, C 7 -rte ?C O G71g " t CJ } y X 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. Date: 3 ?? PH AN L SCHMIEG LLP PHS# 259326 Attorney For Plaintiff By: ?? )) ."') awrence T. Phelan, sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq.. Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 j Andrew C. Bramblett, Esq, Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 30895 Melissa J. Cantwell, Esq.. Id. No. 308912 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff vs JOSEPH H. GERDES, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-1179-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: JOSEPH H. GERDES, III 472 SOUTH NURSERY DRIVE MECHANICSBURG, PA 17055-7018 Date: ? / L By: k?" L rence T. Phelan, Esq., Id. No. 32227 rancis s S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq„ Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Sri\,astava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 30895 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff