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Home My WebLink About09-0138Phelan 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 194589 CITIBANK N.A. AS TRUSTEE FOR CHASE 2002-3 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 1 Plaintiff v. KENNETH R. ROUSH 14 PARADISE DRIVE, CARLISLE, PA 17015-9725 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUII,DING 228 WALNUT STREET HARRISBURG, PA 17101 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. pq - of 3s C ivt I Ter-rn CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 194589 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 maybe 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. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Cazlisle, PA 17013 (717) 249-3166 File #: 194589 Plaintiff is CITIBANK N.A. AS TRUSTEE FOR CHASE 2002-3 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH R. ROUSH 14 PARADISE DRIVE, CARLISLE, PA 17015-9725 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/09/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHASE MANHATTAN MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1768, Page 1793. 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. File #: 194589 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2008 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. The following amounts are due on the mortgage: Principal Balance $63,609.94 Interest $3,050.95 08/01/2008 through 01/08/2009 (Per Diem $18.95) Attorney's Fees $1,250.00 Cumulative Late Charges $1,650.51 08/09/2002 to O 1 /08/2009 Non Sufficient Funds Charge $20.00 Cost of Suit and Title Search 750.00 Subtotal $70,331.40 Escrow Credit $0.00 Deficit $1,119.45 Subtotal 1 119.45 TOTAL $71,450.85 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 194589 1 S. Plaintiff is not seeking a judgment of personal liability (or an in nersonam 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. 9. 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. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. KENNETH R. ROUSH; IRS Docket No. 2007-01718; filed 03/29/2007; in the amount of $197,681.90. (b) United States vs. KENNETH R. ROUSH; IRS Docket No. 2007-4972; filed 08/21/2007; in the amount of $42,102.75. (c) United States vs. KENNETH R. ROUSH; IRS Docket No. 2008-04602; filed 07/31/2008; in the amount of $29,336.51. File #: 194589 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,450.85, together with interest from 01/08/2009 at the rate of $18.95 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 HALLINAN & SCHMIEG, LLP n By: ~ ,-r4 Lawrence T. Phelan, squi e Francis S. Hallinan, Esqu' e Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 194589 LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, (formerly North Middleton Township) Cumberland County, Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follows: TRACT NO. 1: BEGINNING on the North by Lot No. 137; on the East by Paradise Road; on the South by line parallel to and five (5) feet North of the Northern line of Lot No. 139; and on the West by the Northern forty-five (45) feet of Lot No. 111. CONTAINING forty-five (45) feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of one hundred forty-eight and two tenths (148.2) feet and being the Northern forty-five (45) feet of Lot No. 138 as shown on said Plan of Lots. TRACT N0.2: Lots No. 139 and 140 and the Southern five (5) foot strip of Lot No. 138 of the Dale Fetrow Revised Plan of Lots, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 3, Page 103, and being subject to the restrictions as they appear on said Plan of Lots; having a frontage on Paradise Road of One Hundred Five (105) feet and extending to a depth of One Hundred Seventy-three and two tenths (173.2) feet. PREMISES BEING: 14 PARADISE DRIVE PARCEL NLJMBER:21-22-0119-074 &21-22-0119-075 File #: 194589 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by the Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating, to unsworn falsifications to authorities. 1 ~ ~ Attorney for Plaintiff DATE: I ' ~' Og ~ '~~" ~ ~ +~ ~ ~ ~ ~ g ~a ~- ..o ;_ o ° ~ ~~_~ -O ~O ~ ~-~ rya ~' wn rv