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Home My WebLink About14-1796 = Supreme Court-of Cour:e Com Pleas For Prothonotary Use Only: r xivillC Sheet CU ,ter EIZ11 N�t1 v County Docket No: r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: CITIMORTGAGE, INC. Lead Defendant's Name: JOSEPH H. GERDES, III T I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 AJ PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS O'FALLON, MO 63368 CIVIL DIVISION Plaintiff V. TERM JOSEPH H. GERDES, III NO. 472 NURSERY DRIVE SOUTH MECHANICSBURG, PA 17055 -7018 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE S File #: 942681 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH H. GERDES, III 472 NURSERY DRIVE SOUTH 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, INC. AS NOMINEE FOR COMMERCE BANK/HARRISBURG, N.A., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1957, Page 3448. By Assignment of Mortgage recorded 01/04/2011 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201100303.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 942681 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 02/24/2014: Principal Balance $212,502.80 Interest 09/01/2013 through 02/24/2014 $3,440.23 Accumulated Late Charge Balance $389.83 Escrow Advance Balance $792.35 TOTAL $217,125.21 7. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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 #: 942681 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $217,125.21, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John D. Kfohn, Esq., Id. No.312244 Attorney for Plaintiff File #: 942681 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 #: 942681 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. BEING THE SAME PREMISES which Classic Communities Corporation, a Pennsylvania corporation, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Joseph H. Gerdes III. PROPERTY ADDRESS: 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055 -7018 PARCEL #42 -10- 0256 - 105. -UT31 File #: 942681 1 VERIFICATION LaGrande T. Huddleston, hereby states that he is Vice President - Document Control of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. a U�s Printed name: LaGrande T. Huddleston Title: Vice President — Document Control Employed by CitiMortgage, Inc. Plaintiff. CitiMortgage, Inc. Date: March 18, 2014 File #: 942681 Name: GERDES FORM 1 IN THE COURT OF COMMON PLEAS CITIMORTGAGE, INC. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. f ,, JOSEPH H. GERDES, III Defendant(s) J Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date' Jo D. Krohn, Esq., Id. No.312244 Attorney for Plaintiff C :. CD FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed:. Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) ) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) 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 #: 942681 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson f. 11ED-tlf=FJC Sheriff (,HE PROTHONO € }T of witht,,/ Jody S Smith Chief Deputy _ 2014 APR 30 PM -3: OD Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Citimortgage Inc vs. Case Number Joseph H. Gerdes, III 2014-1796 SHERIFF'S RETURN OF SERVICE 04/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Joseph H. Gerdes, III, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 472 Nursery Drive South, Upper Allen Township, Mechanicsburg, PA 17055. Nine attempts at service were attempted but deputies were unable to make contact with anyone at the residence for service and the Complaint has since expired. SHERIFF COST: $61.90 SO ANSWERS, April 28, 2014 RONR ANDERSON, SHERIFF Phelan Hallinan, 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 F. : if�S.% Ci 2015 JAN -6 ;,' €0: 19 i_ r Gatti j Attorney for Plaintiff YLVA NIA : Court of Common Pleas Civil Division CUMBERLAND County No. 14 -1796 -CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint and the notice of Sheriffs Sale upon the above -captioned Defendant, JOSEPH H. GERDES, III, by first class mail to JOSEPH H. GERDES, III at the mortgaged. premises, 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055-7018; posting of the mortgaged premises, 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055-7018; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendant, JOSEPH H. GERDES, III, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055-7018. As indicated by the Return of Service, no service was made as there was no response to the attempts made by the Sheriffs Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "B". 3. In addition to traditional sources, the above investigation searched numerous internet websites including LexisNexis, the social security death index, and WhitePages.com using the defendant's/defendants' social security number where possible in attempt to locate the defendant(s). 4. Plaintiff contacted the Prothontary's Office and as of December 9, 2014, no Judge has previously entered a ruling in this case. 5. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on December 9, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs December 9, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "C". 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. PH # 942681 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and notice of Sheriff's Sale by first class mail; posting; and by publication. Date: Respectfully submitted, PHELAN HALLINAN, LLP By: Ph n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 942681 Phelan Hallinan, 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 Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 14 -1796 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendant, JOSEPH H. GERDES, III, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055-7018. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: PH # 942681 If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Additionally, pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the PH # 942681 Sale of the mortgaged premises. Specifically, Pa. R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the hand bills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of the original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if the service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Therefore, Plaintiff respectfully requests that the Court allow for service of the Notice of Sale upon Defendant in accordance with Pa. R. C. P. Rule 430 by first class mail and posting. III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. PH # 942681 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and Notice of Sheriff's Sale by first class mail, posting, and publication. Date: I /4.N' Respectfully submitted, PHELAN HALLINAN, LLP By: Jy'athan Lobb, Esq., Id. No.312174 • ttorney for Plaintiff PH # 942681 Phelan Hallinan, 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 Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 14 -1796 -CIVIL CERTIFICATION OF SERVICE The undersigned Attorney hereby certifies that copies of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. JOSEPH H. GERDES, III 472 NURSERY DRIVE SOUTH MECHANICSBURG, PA 17055-7018 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Respectfully submitted, PHELAN HALLINAN, LLP By: Jonat Att n Lobb, Esq., Id. No.312174 "rney for Plaintiff PH # 942681 Exhibit "A" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF Citimortgage Inc vs. Joseph H. Gerdes, III Case Number 2014-1796 SHERIFF'S RETURN OF SERVICE 04/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Joseph H. Gerdes, III, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore retums the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 472 Nursery Drive South, Upper Allen Township, Mechanicsburg, PA 17055. Nine attempts at service were attempted but deputies were unable to make contact with anyone at the residence for service and the Complaint has since expired. SHERIFF COST: $61.90 SO ANSWERS, April 28, 2014 v t� (c) CotmtySuite Shentf, Teleosoft Inc. RONNY R ANDERSON, SHERIFF Exhibit `B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 942681 Attorney Firm: Phelan Hallinan, LLP Subject: Joseph H. Gerdes III Property Address: 472 Nursery Drive South, Mechanicsburg, PA 17055 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Joseph H. Gerdes III - xxx-xx-0681 B. EMPLOYMENT SEARCH Joseph H. Gerdes III - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Joseph H.. Gerdes III reside(s) at: 472 Nursery Drive South, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Joseph H. Gerdes III reside(s) at: 472 Nursery Drive South, Mechanicsburg, PA 17055. On 11-12-14 our office made several telephone calls to the subject's phone number (717) 766-3398 and received the following information: wrong number. B. On 11-12-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 798-0938 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 11-12-14 our office made several phone calls in an attempt to contact Ronald L. Kepner (717) 697-1139, 470 Nursery Drive South, Mechanicsburg, PA 17055: answering machine. On 11-12-14 our office made several phone calls in an attempt to contact Nickolas R. Martin (717) 796-0896, 466 Nursery Drive South, Mechanicsburg, PA 17055: answering machine. On 11-12-14 our office made a phone call in an attempt to contact Stephen Young (717) 458- 5375, 482 Nursery Drive South, Mechanicsburg, PA 17055: not in service. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-12-14 we reviewed the National Address database and found the following information: Joseph H. Gerdes III - 472 Nursery Drive South, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 11-12-14 Vital Records and all public databases have no death record on file for Joseph H. Gerdes III. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Joseph H. Gerdes III - 1970 B. A.K.A. Joseph Henry Gerdes * The following accessible internet databases have been checked and cross-referenced for the above named individual(s). SSN Subject Summary Others Using SSN Address Summary Voter Registrations Driver Licenses Professional Licenses Health Care Providers Health Care Sanctions Pilot Licenses Sport Licenses Real Property Assets Motor Vehicle Registrations Boats Aircraft Bankruptcy Information Judgments/ Liens UCC Liens Fictitious Businesses Notice Of Defaults Business Associates Person Associates Neighbors Employment Locator Criminal Filings Cellular & Alternate Phones I hereby verify that the statements made herein are true and correct to the best of my 3.nowiedge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S,Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "C" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Phi !add phi a. PA 19103 215-563-7000 PAM: 2.15-568-7616 Noeleen R. Urmson Ext. 1469 Representing Lenders in Service Department Pennsylvania December 9, 2014 JOSEPH H. GERDES, Ill 472 NURSERY DRIVE SOUTH MECHANICSBURG, PA 17055-7018 RE: CITIMORTGAGE, INC. v. JOSEPH H. GERDES, HI Premises Address: 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055- 7018 CUMBERLAND County, No. 14 -1796 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, service of the complaint by first class mail and posting -of 4c inortowil premises. Please respond to me within one week, by 7 1 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yent .s, bb, Esq., Id. No. 2174 Attorney for Plaintiff PH # 942681 Name and Address Of Sender Phelan Hallinan, LLP 111111 16I7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, and Post Office Address i Posi 1 **** Joseph H. Gerdes, 111 472 NURSERY DRIVE SOUTH MECHANICSBURG, PA 17055-7018 S0'4 RE: JOSEPH H. GERDES, III (CUMBERLAND) TEAM 4 PH # 942681/102.1 Page 1 of 1 50.9 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international reg stood n}a for the reconstruction of nonnegotiable documents under Express Mail docu ktio piece subject to a limit of S500,000 per oeeurrerre. The maximum in•��a pa e a The maximum indemnity payable is $25,000 for registered mail, scut "j—. pn f su 8900 5913 and 5921. for limitations of coverage. d E1..—...� ,10.1.1 C......:�.:t.. N r' r1 1; 11. • PH # 94268 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE. INC. Plaintiff vs. JOSEPH H. GERDES, III Defendant ORDER 5 AND NOW, this i2 day of 9.µ.,r• --r , 2017; upon consideration of Plaintiff s -- motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendant, JOSEPH H. GERDES, III, by: 1. Posting of the premises: 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055-7018 by the Sheriff or a non-party competent adult; and 2. First class mail to JOSEPH H. GERDES, III at the mortgaged premises located at 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055-7018. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. Court of Common Pleas Civil Division C) CUMBERLAND Coin cry rrt rn No. 14-1796-CIVILr? -<3> ry C) y P(1-1.[Q.ct_ !// 'rs PH # 942681 /NRU rri csi *Prior to fulfilling the requirements of service of Notice of Sale as set forth in this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the event this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. Cc:JOSEPH H. GERDES, III 472 NURSERY DRIVE SOUTH, MECHANICSBURG, PA 17055-7018 PH # 942681/NRU