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HomeMy WebLinkAbout09-3248MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 ,MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 10790 Rancho Bernardo Road San Diego, California 92127 V. Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number U g_ 3 a cf 8 -P 7-e-- CIVIL ACTION/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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that ifyou 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Kenneth R Roush, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 14 Paradise Drive, Carlisle, Pennsylvania 17013. On August 9, 2002, mortgagor 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 1767, Page 5174. 4. The aforesaid mortgage was thereafter assigned by Chase Manhattan Mortgage Corporation to Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 10 Paradise Drive, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 37,612.88 Interest through May 12, 2009 $ 3,526.07 (Plus $12.75 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 1,111.54 Corporate Advance $ 1,277.64 Escrow Advance $ 1,753.59 NSF Fees $ 20.00 GRAND TOTAL $ 46,551.72 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $46,551.72, together with interest at the rate of $12.75 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY:?? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ;2" q d0- ip V -v -5b u 1 tJ rJ 0,-.;-T tv s- .. Prepared By: Mollosso, Betty R48ER7 p, ZIEGLE.R •. RECORDER OF D ?JRERT P. ZIEGLER /"'MBERLAND COUNT?,'CORDER OF DEEDS ' c.ERLAND COUNTY-PA UZ RUG 9 n P11 2 53'R RUG 21 P 3 3 Return To: Chase Manhattan Mortgage Corp. Atti Document Control, Dept.400, 10790 Rancho Bernardo Rd, San Diego, CA 92127 Parcel Number: 21-22-0119-072 [Space Above Ibis Lim For Rawding Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedAugust 9, 2002 , together with all Riders to this document. (B) "Borrower" is Kenneth R. Roush Borrower is the mortgagor under this Security Instrument. (C)"Lender"is Chase Manhattan Mortgage Corp. Lender is a Corporation 1870105930 PENNSYLVANIA - Single Family - Fannie Mso/Freddta Mac UNIFORM INSTRUMENT Form 3039 1101 4ft-SIPA) roooel L - 1! Pp. 1 of 16 MiG.I'/?+ A • VMP MORTGAGE FORMS - 16001621-7291 BK 1 767PG5174 BK 1769PG 1233 organized and existing under the laws of Now Jersey Lender's address is 343 Thornell Street Edison, Now Jersey 08837 Larder is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dateftugust 9, 2002 The Note states that Borrower owes Lender Thirty-sight Thousand Six Hundred Seventy-Viva and 00/100th. Dollars (U.S. $38,675.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Septeaober 1, 2032 . (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." M "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "hiders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: © Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider © 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider © Other(s) [specify] escrow Impound Rider (ED "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Agents" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (n "Electronic Funds Trudler" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (IC) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Prriodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 1870105930 / ?nicltls?/ w? WNPA) tooosl P",2 of 1" Form 3039 1/01 6KI767PG5175 BX1769PG1234 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Succ'aator in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the couNTy frype or Recording 1wisdidionl of Cumberland [Name of Recording Juriadicdonl: gas Attached Schedule A which currently has the address of 10 Paradise Dr [Street] Carlisle [City), Pennsylvania 17013 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." 1870105930 4ft-SMA) (ooosi Pop 3 of 16 Form 3039 1101 ou t 769PG 1235 BK 1767PG5176 c BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prindpal, Interest, Eix"w Items, Prepayment Charles, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security instrument is returned to Lender unpaid, Leader may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's chock or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lander is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lander shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority; (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 1870105930 IniGM/: G(PA) m00os) Paces 01 1$ Form 3038 1101 ?1769PG1236r BK1767PG5177 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, foes and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lander may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 1870105930 /' low: -64PA) mm) Pap $ of 1e Farm 3039 1101 gK 17.69% 123.7 BK 1767PG5178 e ` F? shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Deader the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If that is a deficiency of Funds held in escrow, as defined under RESPA, Leads shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount neoewry to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lleas. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Linder subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a note identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Leader in connection with this Loan. 3. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Leader tqwm insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tam of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time, charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 1870105930 WGIPA) recce) P"p" 6 of 16 Fain 3038 1101 O,I( 1769PG 1238 BK 1767Pu5179 X if Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cat of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. Thm amounts shall bear intst+est at the Note rase from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Leader and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lander shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. Leader may make proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Foes for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to it notice from Leader that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 304ay period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lander may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 1670105930 yjt IMd.b; lrjVt'." -6(PA) moos) P.o• 7 of 16 Form 3039 1101 OK 1769PG 12811767PG5180 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating ciraunstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Larder does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. qk-6(PAi mou) 1870105930 {nitiw: ??',?,?? pops of is Faro 3038 1101 8KI767PGS181 BK 1769% 1240 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Instu m. If Lender required Mortgage Insurance as a condition of milking the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in eellect. If, for say talon, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a coat substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Leader will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums; for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a patty to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. 7bese agreanams are on teams and conditions that arc satisfactory to the mortgage insurer and the other putty (or patties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the sa nounts that Borrower has agreed to pay for Mortgagee Inauraaoe, or any other terns of the Loan. Such agreemeab will not Inerase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 1870105930 miuw• 11MA? moos) paw s of 16 Form 3039 1101 BK ! 767FG5 182 gK 1.769PG 1241 (b) Any such agreements will not affect the rights Borrower has - U any - with respect to the Mortgage Insurance under the Homeowners Protection Ad of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Itstn'a> m terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeitum All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leader may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is lees than the amount of the sums secured immediately before the partial tatting, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums arc then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 1070105930 Iniaala: MV PA) mosi Pao" io or +e Form 9039 1101 BK 1767PG5 183 BK 1769PG 1242 1,? R• 1 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that ace not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. U. Bonvwer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Insaunaast granted by bender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by I.ender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Cosigners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument-, (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend , modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lander, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be micased from Borrower's obligations and liability under this Security Instrument unless Leader agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fns for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security instrument, including, but not limited to, attorneys' foes, property inspection and valuation fns. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of say such refund made by direst payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 1870105930 IWOOW WGIPA) ooos? raw 11 Of 1s Form 3039 1101 BK 1767PG5 184 BK 1769PG 1243 •r have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shag be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by &* class mail to Leader's address stated berein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Condruction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that ady provision or clause of this Security instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Bead" Intered in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Larder's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lander shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acedemdon. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 1870105930 ice: k+l, I1 Mk-O(PA) WWI Pop 12 of 16 FOrm 3039 1101 BK1767FG5185 8K 1769PG 1244 1 ? Y- 1 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other foes incurred for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument; and (d) takes such salon as Lender may reasonably require to assur : that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to rdnstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Service; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. 'there also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other patty's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take cony Give action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 1870105930 (W-81PA) {0008) Pop. 13 of to Fwm 3039 1101 BK1767PG5186 BKI769PG1245 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or m the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses ad to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Leader written notice of (a) any investigation, claim, dean od, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, my spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any ggoveramontal or regulatory authority, or any private party, that any removal or other remedistion of my Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for m Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Reneiies. ]Lender shall give notice to Borrower prior to acceleration following Borrower's loch of any covenant or agroaoanst in this Security imbvsneut (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall uotW Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that allure to cure the default as spedJfed may result In acceleration of the sums secured by this Soon* Ltslr ine nt, foreclosure by judicial proceeding and sale of the Property. Linder shall furtber inform Borrower of the rigbt to reinstate after aceekration and the right to assert in the foreclosure proceeding the nonce of a default or any other defense of Borrower to acceleration and foreelosum it time default is not cured ns speclllod, Leader at its option may require immediate payment in full of all sums secured by this Security Imtrumag without fartber demand and may foreclose this Security instrcanent by judicial Lends' as" shall be entitled to collect all expenses incurrW in pursuing the r^emediea provi in this Sedian 22, including, but not limited to, attorneys foes and toads of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation coats. Lender may charge Borrower a fee for releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a shedfrs sale or other sale pursuant to this Security instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 1870105930 1Ntials:' at-BtPA) mooel Paw la of 1e form 3039 1101 out767PG5187 6 BKI769PGI24 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. 9 t4 (Sol) >xo=et:h R. Rough -Borrower _ (Seal) -Borrower _ (Seel) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Sea!) -Borrower (Seal) Borrower _ (Seal) -Borrower 1870105930 4W PAI boom) P" 15 of 16 form 3039 1101 BK 1767PG5188 BK 1769PG 1247 Witnesses: Cafe ucate of Residence I, , do hereby certify that the correct address of the within-named Mortgagee is 10 Paradise Dr Carlisle, Pennsylvania 17013 Witness my hand this 9TH day of August , 2002 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, ?Lt?l County ss: On this, the 9TH day of August, 2002 undersigned officer, personally appeared Kenneth R. Roush , before me, the brown to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, My Commission Expires: ..' Notarial sew i .• ! ' "° :, :a t „ r W ..>' ` L c Harold S. Irwin ICulmbaNoWY Pub Aeid County 20? rlns SaOt bn E awn v ' iff. . ?. . e ,,R ' ,. T r • its M C e Member, Penns*ania Asaoda?tlon of Ndar1W Title of Officer ,, ' !.?'; •.... •••-?6 y,. 1870105930 -S(PA) (am) Pp" is of is 6K 1767PG5 189 brtws: Form 30" 1101 BK 176.9PG 1248 t ? MIBIT "A" -- FILB NO. 112081 ALL THAT CERTAIN tract of land situate is Middicsex Township C 1 f County. Pennsylvania. bounded and described in accoedaoce with the Dak Few* R??ised Plan Lots, which plan is recorded in the hereinafter canted Recorder's Off a in Ran Book No. 3, Page 103, as follows: ON tiro North by Lot No. 141; on the Eau by 50 feet wide Paradise Road: on the South by Lot No. 143; and on the west by Lot No. 107. CONTAINWG 50 feet in from along the Western line. of SO fact wide Paradise Road and extending Westwardly therefrom at an even width a distance of 148.2 feet DENG all of Lot No. 142 as shown on said Dale Fctrow Revised Plan of 1.093 recorded as aforesaid. gK 1767PG5190 B( 1769PG 1249 1870105930 ADJUSTABLE RATE RIDER OAM k1ftX - rt. Caps) THIS ADJUSTABLE RATE RIDER is made this 9TH day of August, 2002 , and is Incorporated into and shah be deemed to mend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the serve date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Chase Manhattan Mortgage Corp. (the "Lender") a corporation organized and existing under the laws of New Jersey of the same date and covering the property described in the Security Instrument and located at: 10 Paradise Dr Carlisle, Pennsylvania 17013 0"Pli+y AW-) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an Initial interest rate of Twelve and 375/1000 12.375 MULTISTATE LIBOR ARM RIDER BC-67331T (1/01) Page 1 of 3 (replaces 2/00) BK 17 67 P65191 8K 1769PG 1250 The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1ST day of September, 2005 and on that day every sixth month thereafter. Each date on which my interest rate could change is called "Change Date (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" Is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Waft Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index". If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Sewn and 250/1000 percentage points (7.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 15.375 % or less than 12.375 Thereafter, my interest rate will never be Increased or decreased on any single Change Date by more than one and a half percentage points (1.5%) from the rate of Interest I have been paying for the preceding six months. My Interest rate will never be greater than 19.375 % and will never be lower than 12.375 %. MULTISTATE LIBOR ARM RIDER BCr6733.LT (1/01) Page 2 of 3 (replaces 2100) 13 K U 767PG5192. Bt 1769PG 125 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Borrower Kenneth R. Roush Date Borrower Date Date Borrower Date Bortuwer Date BO"VAW Date Date MULTISTATE LIBOR ARM RIDER BC-5733.LT (1/01) Pape 3 of 3 (replaces 2100) BWI767PG5193 B{l769PG{25Z , ? J Loan # 1870105930 1-4 FAMILY RIDER Assignment of Rents THIS 1-4 FAMILY RIDER is made this 9TH day of August, 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrowee) to secure Borrower's Note to chase Manhattan Mortgage Corp. (the "Lender") of the same date and covering the located et: 10 Paradise Dr Carlisle, Pennsylvania 17013 property described in the Security Instrument and 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the property described In the Security Instrument, the following items now or hereafter attached to the property to the extent they are fixtures are added to the property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing healing, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, staves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached floor coverings now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Security Instrument. All of the foregoing MULTISTATE 1-4 FAMILY RIDER C-6015 (2/00) Page 1 of4 (Repla-2/98) 8K 767PG5194 r"t 1769PG 1253 Form 31" N" together with the Property described in the Security Instrument (or the leasehold estate If the Security Instrument is on a leasehold) are referred to in this 1.4 Family Rider and the Security Instrument as the "Property. " B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writlng to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 19 is deleted. F. BORROWER'S OCCUPANCY. With regard to non-owner occupied Investment properties, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. For all properties, all remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. G. ASSIGNMENT OF LEASES. Upon Lender's request, after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing bases and to execute new leases, In Lender's sole discretion. As used in this Paragraph G, the word "lease" shall mean "sublease" if the Security Instrument Is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionafiy assigns and transfers to Lender all the rents and revenues ('Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower MULTISTATE 1.4 FAMILY RIDER C-6015 (2/00) Page 2 of 4 (Replam 2198) Fa m 7170 3M flu`767PG5195 Bi 1769PG 1254 ,.. 1 ,.1 .w authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Paragraph 22 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (1) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (Iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, ail Rents collected by Lender or Lenders agents shall be applied first to the corns of taking control of and managing the Property and collecting Rents, including, but not limited to, attorney's fees, receWs fees, premiums on receivers bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lenders agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the cost of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perform any act that would prevent Lender from exercising Its rights under this paragraph. Lender, or Lenders agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lenders agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. MULTISTATE 1.4 FAMILY RIDER c-sous Izroo> rage s or 4 (Raplawa 2/91) Po,m 7170 719 gk1767PG5196 8K 1769PG 1255 to • 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under d Lender may invoke any which Lender has an interest shall be a breach under the Security Instrument an of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. Borrower Kameth R. Roush Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date MULTISTATE 1-4 FAMILY RIDER C-6015 (2/00) Page 4 of 4 (Replaces 2/99) Pam 3170 V" [ Certify this to be recorded In Cumberland County PA "" Recorder of Deeds BK1767PG5197 Bit 1769PG 1256 . 1870105930 ESCROWA MPOUND PAYMENT RIDER BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Rider. A?? _4:?nA . Ertl Borrower Kenne th R. Roust (Date) Borrower Y Certify this to be recorded THIS ESCROW/IMPOUND PAYMENT RIDER is made this 9TH day of August, 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Dead of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrowers Note to Chase Manhattan Mortgage Corp . (the -Lender-) of the same date and covering the Property described in the Security Instrument. ESCROW/IMPOUND PAYMENTS (A) Subject to the requirements stated in paragraph (B) below, Borrower will not be required to make monthly escrow/impound payments to Lender for taxes and insurance. (B) Borrower must pay immediately when due all real estate taxes, assessments, water frontage charges and other similar charges, sewer rents, and hazard or property insurance and flood insurance (if any) covering the Property. Within 30 days after Borrower renews any insurance coverage, Borrower shall send a copy of the insurance declaration page(s) and a copy of the paid receipt(s) to Lenders Insurance Department. Within five days of receipt of a written request from Lender, Borrower shall furnish Lender with original receipts or other evidence satisfactory to Chase showing payment of insurance premiums, taxes, assessments, water frontage charges and other charges. If Borrower does not pay the insurance premium, taxes, assessments, water frontage charges and other similar charges immediately when due, Lender may, but is not obligated to, obtain insurance coverage for Borrower or pay the taxes (and any penalties) and any other charges and Borrower must reimburse Lender immediately. Lender may then require Borrower to make escrow/impound payments in accordance with the terms of the Security Instrument. Borrower (Date) Borrower (Date) B/C ESCROW/IMPOUND PAYMENT RIDER BC-6735 (11/99) (Date) Borrower - - -- ---- - _ - ---?; -? - (Date) (DW) Recorder of Deeds COMMONWEALTH OF PENNSYLVANIA1 CUMBERLAND COUNTY as: and acknowledged that he executed the same for the purposes on this, the ?F? day of August, 2002, before me, the undersigned officer, personally appeared KENNETH R. ROUSH, satisfactorily proven to be the peson whose name is subscribed to the within instrument herein contained. IN WITNESS WHEREOF, I hereunto set Notarial Seal Harald S. Irwin III, Notary Public Cadb18 Boro, Cumberland County My CommivADn Expires Sept. 23, 2002 M3rnber, PennsyNSnla AaSOS130W of Notaries my h nd and official Pre $3 Yom"' IK1769PG12 7 *Joy ;;44 w? eae vzo SEP 13 2002 '.???fiENT cower.. CD OF Ti 20C tir ,& LIZq s -7 ?, Sa CL S9 6-a3 Sheriffs Office of Cumberland County R Thomas Kline 0 ??+nbrrf? ? Edward LSchoitop Sheriff Ronny R Anderson Jody S Smith Chief Deputy OFF CE THE S-ERI F Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/30/2009 09:45 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 30, 2009 at 0945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenneth R. Roush, by making known unto himself personally, defendant at 14 Paradise Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/30/2009 03:45 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 30, 2009 at 0945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenneth R. Roush, by making known unto himself personally, defendant at 14 Paradise Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Defendant was not home at 10 Paradise Drive Carlisle, PA 17013. SHERIFF COST: $49.40 SO ANSWERS, June 01, 2009 R TVOMAS tLIE,HERIFF 2009-3248 Citibank V Kenneth Roush SHERIFF'S OFFICE OF CUMB Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFiC,E Th: s-MFF Citibank, NA vs. Kenneth R. Roush Case Number 2009-3248 SHERIFF'S RETURN OF SERVICE 03/3012010 07:52 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 3/30/10 at 1952 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth R. Roush, located at, 10 Paradise Drive, Carlisle, Cumberland County, Pennsylvania according to law. 03/30/2010 07:55 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 3/30/10 at 1955 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kenneth R. Roush, by making known unto, Kenneth R. Roush, personally, at, 14 Paradise Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/0112010 Property sale postponed to 8/4/2010. 08/02/2010 Property sale postponed to 10/6/2010. 10/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Marc Weisberg on 10/6/10 SHERIFF COST: $792.10 SO ANSWERS, October 12, 2010 RON R ANDERSON, SHERIFF aooteat. ?. . Per. ?v Li 4 4 7eG'ss ERLAND WVPTYp THE TARl i D CCU' 13 Plea 2: 'l 7 CILIM ERLA,fio COUN "j, .,Ot4 V?6 ?? ,c GountySuite Sheriff, Ieleosoft. Inc w McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-3248 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 Paradise Drive, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Kenneth R Roush Address 14 Paradise Drive Carlisle, PA 17013 2. Name and address of Defendant in the judgment: Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 f+ 3 4. 5. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Jeffrey L. Sheaffer, Jr. Address 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050-1707 Commonwealth of PA Dept of Labor L & I Building & Industry 16th Floor Harrisburg, Pennsylvania 17121 Pa Department of Revenue Bureau of Lien Section Compliance P.O. Box 280948 Harrisburg, Pennsylvania 17128-0948 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address ATTY GENERAL OF U.S. U.S. DEPT OF JUSTICE RM 5111 MAIN JUSTICE BLDG 10TH & CONSTITUTION AVE. N.W. WASHINGTON, D.C. 20531 UNITED STATES OF AMERICA UNITED STATES DEPARTMENT OF JUSTICE ATTORNEY GENERAL OF THE 10TH & CONSTITUTION AVENUES NW, ROOM UNITED STATES 4400 WASHINGTON, D.C. 20530 Middlesex Township Middlesex Township 350 N Middlesex Rd Ste 2 Carlisle, Pennsylvania 17013 50 Beagle Club Rd Carlisle, Pennsylvania 17013 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Address 10 Paradise Drive Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domeftic Relations Cumberland County United States of America P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None 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 of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities February 2, 2010 TERRENCE J. McCABE, ESQUhXE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE DALE FETROW REVISED PLAN OF LOTS, WHICH PLAN IS RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK NO. 3, PAGE 103, AS FOLLOWS: ON THE NORTH BY LOT NO. 141; ON THE EAST BY 50 FEET WIDE PARADISE ROAD; ON THE SOUTH BY LOT NO. 143; AND ON THE WEST BY LOT NO. 107. CONTAINING 50 FEET IN FRONT ALONG THE WESTERN LINE OF 50 FEET WIDE PARADISE ROAD AND EXTENDING WESTWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF 148.2 FEET AND HAVING THEREON ERECTED. BEING ALL OF LOT NO. 142 AS SHOWN ON SAID DALE FETROW REVISED PLAN OF LOTS RECORDED AS AFORESAID. BEING PARCEL NUMBER: 21-22-0119-072 BEING KNOWN AS 10 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which Robert E. Roush, Jr., Barry L. Roush, Faye A. Sheaffer, Patricia J. Smith and Kenneth R. Roush by deed dated May 22, 2002 and recorded July 10, 2002 in the office of the Recorder in and for Cumberland County in Deed Book 252, Page 3136, granted and conveyed to Kenneth R Roush in fee. NibitA McCABE, WEISBERG -AND CONWAY, P.C. BY: TERAENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Kenneth R Roush Number 09-3248 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 Your house (real estate) at 10 Paradise Drive, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $49,305.72 obtained by Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 against you. 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: 1. The sale will be canceled if you pay to Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 the following notice on how to obtain an attorney.) M YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE DALE FETROW REVISED PLAN OF LOTS, WHICH PLAN IS RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK NO. 3, PAGE 103, AS FOLLOWS: ON THE NORTH BY LOT NO. 141; ON THE EAST BY 50 FEET WIDE PARADISE ROAD; ON THE SOUTH BY LOT NO. 143; AND ON THE WEST BY LOT NO. 107. CONTAINING 50 FEET IN FRONT ALONG THE WESTERN LINE OF 50 FEET WIDE PARADISE ROAD AND EXTENDING WESTWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF 148.2 FEET AND HAVING THEREON ERECTED. BEING ALL OF LOT NO. 142 AS SHOWN ON SAID DALE FETROW REVISED PLAN OF LOTS RECORDED AS AFORESAID. BEING PARCEL NUMBER: 21-22-0119-072 BEING KNOWN AS 10 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which Robert E. Roush, Jr., Barry L. Roush, Faye A. Sheaffer, Patricia J. Smith and Kenneth R. Roush by deed dated May 22, 2002 and recorded July 10, 2002 in the office of the Recorder in and for Cumberland County in Deed Book 252, Page 3136, granted and conveyed to Kenneth R Roush in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY, OF CUMBERLAND) NO 09-3248 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK, N.A., as Trustee for CHASE FUNDING MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2002-3, Plaintiff (s) From KENNETH R. ROUSH (1) 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 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 $49,305.72 L.L. $.50 Interest from 12/15/09 to 6/2/10 at $8.11 -- $1,378.70 Atty's Comm % Due Prothy $2.00 Atty Paid $168.40 Plaintiff Paid Date: 2/4/10 (Saal) REQUESTING PARTY: Other Costs 1 David D. uell, Prothonotary By: Name: TERRENCE J. McCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Deputy Telephone: 215-790-1010 Supreme Court ID No. 16496 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 10 Paradise Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 Z i: I i ,,/ Z! G33 ON By?? "b (U?, Real Estate Coordinator 6 , ft 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, 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: April 16, April 23, and April 30, 2010 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 s' atements as to time, place and character of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 day of A ril 2010 1 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28. 2014 Writ No. 2009-3946 Civil Citibank, NA as Successor Trustee for the Holders of MASTR Adjustable Mortgagees Trust 2007-HF2 in a Securitization Transaction pursuant to Pooling and Servicing Agreement, Dated as of July 1, 2007 VS. Kenneth R. Roush Atty: Marc S. Weisberg ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with the Dale Fetrow Revised Plan of Lots, which plan is recorded in the hereinafter named Recorder's Office in Plan Book No. 3, Page 103, as follows: on the north by Lot No. 141; on the east by 50 feet wide Paradise Road; on the south by Lot No. 143; and on the west by Lot No. 107. CONTAINING 50 feet in front along the western line of 50 feet wide Paradise Road and extending west- wardly therefrom at an even width a distance of 148.2 feet and having thereon erected. VNII 11 e4 at Lot No. 142 w &ham on maki Delia Fetmw PAvjmd Plan of Loto re cord ens mkwe fl. iP MNUMM:21-22- 0119-072. BEING KNOWN AS 10 Para- dise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which Robert B. Roush, Jr., Barry L. Roush, Faye A. Sheaffer, Patricia J. Smith and Kenneth R. Roush by deed dated May 22, 2002 and recorded July 10, 2002 in the office of the Recorder in and for Cumberland County in Deed Book 252, Page 3136, granted and conveyed to Kenneth R Roush in fee. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 The PNow you know 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 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 and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed 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 she has personal knowledge of the facts aforesaid and 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 and 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 This ad ran on the date(s) shown below: 04/16/10 04/23/10 04130110 .. ................................. S rn to aniiscribed before me,, 15is `18 . o,f May, 2010 A. D. l Notary Public Y COMMONWEALTH OF PENNSYLVANIA Notarial seal Sherrie L Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commisslon Expires Nov. 26, 2011 Member, Pennsylvania Assoclatlon of Notaries wrN 00.200 t Te m as'S& ror Th4fte for T he Hoklsra of *wk Adjusbift Mortga9es8 Trust O007r41F2 in a S ecurltintlon TIN"pgn pint to prtoft and Ssr++kA"q , AV*wnent L fJ# of July t, 2007 VS. . KmmwM R. Roush ANp Um & WWsberg ALL THAT CERTAIN TRACT OF LAND SITUATE> IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE DALE FETROW REVISED PLAN OF LOTS; WHICH PLAN IS RECORDED INTHEHI&MAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK NO. 3, PAGE 1013, AS P0LLOWS: ON THE NORM BY LOO NO. 141; ON THE EAST BY 50 FEET *lDB PARADISE ROAD; ON,THE SOUTH BY LOT NO 143; AND ON THE WEST BY WrNO,107. CONTAINING 50 FEET IN FRONT ALONG THE WESTERN LINE OF 50 FEET WIDE PARADISE ROAD AND EXTENDING WESTWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF 148.2 FEET AND HAYING THEREON ERECTED. BEMALL OFLOTND.142AS SHOWN ON SAID DALE FBTROW REVISED PLAN OF LOTS RECORDED AS AFORESAID. BEING PARCEL NUMBER: 21-22-0119.072 BEINGKNOWNAS IOPwAiseDdve,CarlWe, Peuaybania 17013. ' BEING the same premises which Robert B. Roush, It., Barry L. Roush, Faye A. Sheaffer, Patricia J: Smith and Kenneth R. Roush by deed dated May 22,2002 and recorded July 10, 2002 in the office of ihelecutder in and for Cumberland County in Deed Boole 252, Page 3136, granted and conveyed to Kenneth R Roush in fee. i 4o ll(p 6_113D 4 %'P CD McCABE,WEISBERG AND CONWAY,P.C. C w � BY: TERRENCE J. McCABE,ESQUIRE- ID# 16496 Attorneys for Plaintiff Co t:.- -`-' MARC S.WEISBERG,ESQUIRE-ID# 17616tTt - r EDWARD D.CONWAY,ESQUIRE -ID#34687 t MARGARET CAIRO,ESQUIRE-ID# 34419 .►" 123 South Broad Street,Suite 2080 •rGd ^O Philadelphia,Pennsylvania 19109 215 790-1010 C Citibank,N.A.,as Trustee for Chase Funding Cumberland County T� Mortgage Loan Asset-Backed Certificates, Court of Common Pleas Series 2002-3 10790 Rancho Bernardo Road Number .. 2�D Lj C i v San Diego,California 92127 V. Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 STIPULATION It is hereby stipulated and agreed by and between counsel for Plaintiff,and the Defendant, United States of America,as follows that: I. The premises known as 10 Paradise Drive,Carlisle,Pennsylvania 17013.(The"Premises")is currently owned by the Defendant,Kenneth R Roush. 2. On August 9,2002,mortgagor 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 1767,Page 5174. 3. The Plaintiff,Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3,filed a mortgage foreclosure complaint against the Defendant on May 21,2009,a true and correct copy of which is attached hereto and marked as Exhibit"A" 4. The United States of America filed an IRS Lien on March 29,2007 in the amount of$197,681.90. A true and correct copy of the tax lien is attached hereto and marked Exhibit"B" 5. The United States of America filed an IRS Lien on August 21,2007 in the amount of$42,102,75 A true and correct copy of the tax lien is attached hereto and marked Exhibit"C". 6. The United States of America filed an IRS Lien on July 31,2008 in the amount of$29,336.51. A true and correct copy of the tax lien is attached hereto and marked Exhibit"D". 7, The Plaintiff inadvertently failed to name the United States of America as a Defendant pursuant to 28 U.S.C. §2810. 8. The Federal Tax.Liens referred to in paragraphs four through six are junior in time to the Plaintiff's mortgage. 9. The complaint is hereby amended nune pro tune to reflect that'the United States of America is made a Defendant herein pursuant to 28 U.S.C. §2810,because of the federal tax lien. 10. The United States of America is not indebted to the Plaintiff. 11. That the aforesaid premises shall be sold at a judicial sale,notice of which shall be served on the defendant,United States of America.That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraphs"4-6." 12. The United States of America reserves its right of redemption as provided in Title 28 U.S.C. § 2410©: 13. The parties to this stipulation shall bear their own respective costs in this proceeding. The undersigned warrants that they are authorized to sign on behalf of the parties to this litigation. Peter J.Smith United States,Attorney Date: B Y:_ U I &,,-lJL &- cLv�-N Melissa A. Swauger Assistant United States Attorney Middle District of Pennsylvania McCabe- Weisberg&Conway, P.C. Date: 5 By: -_-� TERRENCE J.MCCABE, ESQIJIR.1 MARC S. WEISBERG, ESQUIRE EDWARD D.CONWAY,.ESQUIRE MARGARET CAIRO, ESQUIRI ' 123 S.Broad Street,Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff 1 I MIcCABE,WEISBERG AND CONWAY,P.C. .., BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plainti= MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 cn� 1 7)c� ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 - t2 MARISA J.COHEN,ESQUIRE-ID#87830 Zd ;r j7 Lj KEVIN T.McQUAIL,ESQUIRE-ID#307169 - r CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 - i ---- ' BRIAN T.La'MANNA,ESQUIRE-ID#310321 -< 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 Citibank,N.A.,as Trustee for Chase Funding Cumberland County Mortgage Loan Asset-Backed Certificates, Court of Common Pleas Series 2002-3 10790 Rancho Bernardo Road Number 09-3248 Civil Term San Diego,California 92127 V. Kenneth R Roush and The United States of America AFFIDAVIT OF LOSS STIPULATION COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned,attorney,being duly sworn according to law,deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff, 2. That on or about August 9,2010,Attorney for Plaintiff was in'receipt of the original executed USA Consent Stipulation.Upon sending the original to Local Counsel for presentation the original was lost in the mail. Therefore,at this time we are asking that you grant our Order to add the USA as a defendant in our foregoing foreclosure action. Please find a true and correct copy of the Stipulation for the USA attached hereto,made a part hereof. SWO ND SUBS BEF E THIS�DAY TERRENCE J. McCABE,ESQUIRE 2013. MARC S.WEISBERG,ESQUIRE EDWARD D. CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE I t 5 E ANDREW L.MARKOWITZ,ESQUIRE jLk� ir,�•-%,h�It anks-Notary Pula;i Attorney for Plaintiff Clrf u+eniladelphia,Philadelphia Countvt IL MY COMMISSION EXPIRES APR._06,201 G McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Citibank,N.A.,as Trustee for Chase Funding Cumberland County Mortgage Loan Asset-Backed Certificates, Court of Common Pleas Series 2002-3 10790 Rancho Bernardo Road Number 09-3248 Civil Term San Diego,California 92127 V. Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 CERTIFICATE OF SERVICE I,Terrence J.McCabe,Esquire,Attorney for Plaintiff,hereby certifies that a true and correct copy of the within pleading was served on the below party on the day of May,2013 by the United States mail, first class: Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 The United States of America Attorney Office 228 Walnut Street,Suite 220 Harrisburg,Pennsylvania 17108-1754 United States of America Attorney Office PO BOX 11754 Harrisburg,Pennsylvania 17108-1754 DATE: TERRENCE J.McCABE,ESQUIRE Attorney for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET CAIRO,ESQUIRE-ID# 34419 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 Citibank,N.A.,as Trustee for Chase Funding Cumberland County Mortgage Loan Asset-Backed Certificates, Court of Common Pleas Series 2002-3 10790 Rancho Bernardo Road Number 09-3248 Civil Term San Diego,California 92127 C­3 V. r c� Kenneth R Roush �r "<> n and The UNITED STATES OF AMERICA -a ORDER 5 cz: C.0 AND NOW,this AP*day of 2013,pursuant to the agreement of the parties as seffor(h in tlie.' attached.stipulation,the stipulation is hereby APPROVED and shall be entered as an Order of this Court as follows: (1)that the complaint in mortgage foreclosure filed in this action is hereby amended nunc pro tunc to reflect the United States of America as a party Defendant with respect to the Internal Revenue Tax Liens set forth in the y attached stipulation;(2)that original process of the complaint in mortgage foreclosure filed in the herein action has been made upon the Defendant,The United States of America;(3)that judgment is entered in favor of the Plaintiff, Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3, and against the Defendant,The United States of America;and(4)that The United States of America has been served with the complaint in mortgage foreclosure filed May 21,2009 pursuant to Pa.R.C.P.430. It is further ORDERED and DECREED that the Prothonotary amend the caption and docket in accordance with this Order. By the Court: t J. 7. ALAaic Juxi ..�� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION FILE NO.: 09-3248 Civil Term Civil Term Citibank,N.A., as Trustee for Chase Funding —0 c c_ i`"•; =: Mortgage Loan Asset-Backed Certificates, Series AMOUNT DUE: $49,305.72 rn --0`. 2002-3 N >' (f)- , -Sf V. INTEREST: from 12/15/09 $11,745.00 at$8.10 ; c' Kenneth R Roush ATTY'S COMM.: , ca COSTS: y. CD TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs upon the following described property of the defendant(s) 10 Paradise Drive,Carlisle,Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County,for debt,interest and costs,as above, directing attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: /(4-1-7 Print Name: ,Esquire Firm: MCCABE,WEISBERG AND CONWAY Address:123 S.Broad Street, Suite 1400 Philadelphia,PA 19109 �� Attorney for: Plaintiff a1 �� (i{ Telephone: (215)790 1010^C q n�� Supreme Court ID No. /.-7 19D. Ib ga .00 l( LI )9. 0%, q. 74:‘ qz 060 tiL bow 8(0 FS 24 q I Of PE Dgueci LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP,CUMBERLAND COUNTY, PENNSYLVANIA,BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE DALE FETROW REVISED PLAN OF LOTS, WHICH PLAN IS RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK NO. 3,PAGE 103,AS FOLLOWS: ON THE NORTH BY LOT NO. 141; ON THE EAST BY 50 FEET WIDE PARADISE ROAD;ON THE SOUTH BY LOT NO. 143;AND ON THE WEST BY LOT NO. 107. CONTAINING 50 FEET IN FRONT ALONG THE WESTERN LINE OF 50 FEET WIDE PARADISE ROAD AND EXTENDING WESTWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF 148.2 FEET AND HAVING THEREON ERECTED. BEING ALL OF LOT NO. 142 AS SHOWN ON SAID DALE FETROW REVISED PLAN OF LOTS RECORDED AS AFORESAID. Being known as: 10 Paradise Drive,Carlisle,Pennsylvania 17013. BEING the same premises which ROBERT E.ROUSH,JR.,BARRY L.ROUSH,FAYE A. SHEAFFER, PATRICIA J. SMITH AND KENNETH R.ROUSH by deed dated May 22,2002 and recorded July 10,2002 in the office of the Recorder in and for Cumberland County in Deed Book 252,Page 3136,granted and conveyed to Kenneth R Roush in fee. TAX MAP PARCEL NUMBER: 21-22-0119-072 - r , .* McCABE,WEISBERG AND CONWAY,P.C. a BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Pl�f c� 1,-, Y;+ MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 r r'-) MARGARET GAIRO,ESQUIRE-ID# 34419 -' ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 - HEIDI R.SPIVAK,ESQUIRE-ID#74770 '. MARISA J.COHEN,ESQUIRE-ID#87830 •• KEVIN T. McQUAIL,ESQUIRE-ID#307169 =ti �' CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Citibank,N.A.,as Trustee for Chase Funding CUMBERLAND COUNTY Mortgage Loan Asset-Backed Certificates, Series COURT OF COMMON PLEAS 2002-3 Plaintiff NO: 09-3248 Civil Term v. Kenneth R Roush Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning the real property located at: 10 Paradise Drive,Carlisle,Pennsylvania 17013,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Commonwealth of Pennsylvania L&I Building Department of Labor&Industry 16th Floor Harrisburg,Pennsylvania 17121 Unemployment Compensation Fund L&I Building 16th Floor Harrisburg,Pennsylvania 17121 United States Treasury Department 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh,Pennsylvania 15222 Jeffrey L. Sheaffer,Jr. 6601 Carlisle Pike 16th Floor Mechanicsburg,Pennsylvania 17050 Pennsylvania State Employees Credit 1 Credit Union Place Union P.O.Box 67013 Harrisburg,Pennsylvania 17110 Cummins Metropower Inc. 4499 Lewis Road Harrisburg,Pennsylvania 17111 Pennsylvania Department of Revenue Bureau of Compliance Dept.280946 Harrisburg,Pennsylvania 17128 4. Name and address of the last recorded holder of every mortgage of record: Name Address Pennsylvania Housing Finance 211 North Front Street Agency PO Box 15530 Harrisburg,Pennsylvania 17105 5. Name and address of every other person who has any record lien on the property: Name Address United States of America Attorney United States Department of Justice General Office 10th&Constitution Avenue NW,Room 4400 Washington,D.C.20530 Middlesex Township 350 N.Middlesex Road, Suite 2 50 Beagle Club Road Carlisle,Pennsylvania 17013 PA Dept of Revenue Bureau of Lien Secton Compliance P.O.Box 280948 Harrisburg,Pennsylvania 17128-0948 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address ATTY GENERAL OF U.S. U.S.DEPT OF JUSTICE RM 5111 MAIN JUSTICE BLDG 10TH&CONSTITUTION AVE.N.W. WASHINGTON,D.C.20531 UNITED STATES OF AMERICA UNITED STATES DEPARTMENT OF JUSTICE ATTORNEY GENERAL OF THE 10TH&CONSTITUTION AVENUES NW,ROOM UNITED STATES 4400 WASHINGTON,D.C.20530 Middlesex Township 350 N Middlesex Rd Ste 2 Carlisle,Pennsylvania 17013 Middlesex Township 50 Beagle Club Rd Carlisle,Pennsylvania 17013 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 Address Tenants/Occupants 10 Paradise Drive Carlisle,Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg,PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8th Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America do United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America do U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None 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 of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June 18,2013 TE' 'ENCE J.McCABE,ESQUIRE DATE ^'—MARC S.WEISBERG,ESQUIRE EDWARD D.CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE ANDREW L.MARKOWITZ,ESQUIRE HEIDI R.SPIVAK,ESQUIRE MARISA J.COHEN,ESQUIRE KEVIN T. McQUAIL,ESQUIRE CHRISTINE L.GRAHAM,ESQUIRE BRIAN T.LaMANNA,ESQUIRE ANN E. SWARTZ,ESQUIRE JOSEPH F.RIGA,ESQUIRE JOSEPH I. FOLEY,ESQUIRE Attorneys for Plaintiff Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3 v.Kenneth R.Roush AFFIDAVIT PURSUANT TO RULE 3129 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP,CUMBERLAND COUNTY, PENNSYLVANIA,BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE DALE FETROW REVISED PLAN OF LOTS,WHICH PLAN IS RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK NO. 3,PAGE 103,AS FOLLOWS: ON THE NORTH BY LOT NO. 141;ON THE EAST BY 50 FEET WIDE PARADISE ROAD;ON THE SOUTH BY LOT NO. 143;AND ON THE WEST BY LOT NO. 107. CONTAINING 50 FEET IN FRONT ALONG THE WESTERN LINE OF 50 FEET WIDE PARADISE ROAD AND EXTENDING WESTWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF 148.2 FEET AND HAVING THEREON ERECTED. BEING ALL OF LOT NO. 142 AS SHOWN ON SAID DALE FETROW REVISED PLAN OF LOTS RECORDED AS AFORESAID. Being known as: 10 Paradise Drive,Carlisle,Pennsylvania 17013. BEING the same premises which ROBERT E.ROUSH,JR.,BARRY L.ROUSH,FAYE A. SHEAFFER, PATRICIA J. SMITH AND KENNETH R.ROUSH by deed dated May 22,2002 and recorded July 10,2002 in the office of the Recorder in and for Cumberland County in Deed Book 252,Page 3136,granted and conveyed to Kenneth R Roush in fee. TAX MAP PARCEL NUMBER: 21-22-0119-072 McCABE,WEISBERG AND CONWAY,P.C. • > BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ) ' ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 c. L HEIDI R. SPIVAK,ESQUIRE-ID#74770 `-" '`; K'�l t4 MARISA J.COHEN,ESQUIRE-ID#87830 -x, KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 `, "-' ANN E.SWARTZ,ESQUIRE-ID#201926 F.RIGA,ESQUIRE-ID#57716 p JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW Citibank,N.A., as Trustee for Chase Funding COURT OF COMMON PLEAS Mortgage Loan Asset-Backed Certificates, Series 2002-3 CUMBERLAND COUNTY v. Number 09-3248 Civil Term Kenneth R Roush NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 Your house(real estate)at 10 Paradise Drive,Carlisle,Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on December 4,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, l Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$49,305.72 obtained by Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 against you. 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: 1. The sale will be canceled if you pay to Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 the back payments, late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe, Weisberg and Conway, P.C.,Esquire at(215)790-1010. 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 the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY F 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 McCabe, Weisberg and Conway,P.C.,Esquire at(215)790-1010. 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 on the sale. To find out if this has happened,you may call McCabe, Weisberg and Conway,P.C.at(215)790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(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 schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate 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,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 Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 • LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP,CUMBERLAND COUNTY, PENNSYLVANIA,BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE DALE FETROW REVISED PLAN OF LOTS,WHICH PLAN IS RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK NO.3,PAGE 103,AS FOLLOWS: ON THE NORTH BY LOT NO. 141;ON THE EAST BY 50 FEET WIDE PARADISE ROAD;ON THE SOUTH BY LOT NO. 143;AND ON THE WEST BY LOT NO. 107. CONTAINING 50 FEET IN FRONT ALONG THE WESTERN LINE OF 50 FEET WIDE PARADISE ROAD AND EXTENDING WESTWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF 148.2 FEET AND HAVING THEREON ERECTED. BEING ALL OF LOT NO. 142 AS SHOWN ON SAID DALE FETROW REVISED PLAN OF LOTS RECORDED AS AFORESAID. Being known as: 10 Paradise Drive,Carlisle,Pennsylvania 17013. BEING the same premises which ROBERT E.ROUSH,JR.,BARRY L.ROUSH,FAYE A. SHEAFFER, PATRICIA J. SMITH AND KENNETH R.ROUSH by deed dated May 22,2002 and recorded July 10,2002 in the office of the Recorder in and for Cumberland County in Deed Book 252,Page 3136,granted and conveyed to Kenneth R Roush in fee. TAX MAP PARCEL NUMBER: 21-22-0119-072 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-3248 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK,N.A.,AS TRUSTEE FOR CHASE FUNDING MORTGAGE LOAN ASSET-BACKED CERTIFICATES,SERIES 2002-3 Plaintiff(s) From KENNETH R.ROUSH (1) 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 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: $49,305.72 L.L.: $.50 Interest FROM 12/15/09-$11,745.00 AT$8.10 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,000.00 Other Costs: Plaintiff Paid: Date: 6/24/13 David !if.uell,Prothon s • (Seal) By A Pt ' • 1 _JLL_/_&_DJ/ Deputy REQUESTING PARTY: Name: MARC WEISBERG, ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S. BROAD STREET,SUITE 1400 PHILADELPHIA,PA 19109 Attorney for: PLAINTIFF Telephone:215-790-1010 Supreme Court ID No. 17616 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE, ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE -ID# 34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ, ESQUIRE-ID# 28009 HEIDI R. SPIVAK, ESQUIRE- ID#74770 MARISA J. COHEN, ESQUIRE-ID# 87830 KEVIN T. MCQUAIL, ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 r; ANN E. SWARTZ, ESQUIRE-ID#201926 u) -, .-..� —4, JOSEPH F. RIGA, ESQUIRE-ID#57716 r- w JOSEPH I. FOLEY, ESQUIRE-ID#314675 C`� `'�' CELINE P. DERKRIKORIAN, ESQUIRE-ID#313673 o P 123 South Broad Street, Suite 1400 z' Philadelphia,Pennsylvania 19109 -<< c n - (215)790-1010 Citibank,N.A.,as Trustee for Chase Funding CUMBERLAND COUNTY Mortgage Loan Asset-Backed Certificates, Series COURT OF COMMON PLEAS 2002-3 Plaintiff Number 09-3248 v. Kenneth R Roush Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 28th day of October,2013, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s)as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is al t . ached h- eto and made a part hereof. SWORN AND SUBSCRIBED McCABE, ISBERG Y,P. . BEFORE ME THIS 27 DAY By: G,f17 , [ ] Terrence J.McC-e E [ ] arc S.Weisberg,Esquire OF 2013 [ ]Edward D.C, way ire [ argaret Gairo,Esquire [ ]Andrew -. arkowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire C't LL l .I [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire NOT•R r 'UB IC [ ]Ann E. Swartz,Esquire [1 Joseph F.Riga,Esquire 9R ,,,„r -�1 ':^t��l_VA,0 [ ]Joseph I.Foley,Esquire [ 1 Celine P.DerKrikorian,Esquire CC Attorneys for Plaintiff Kimberly Lynn a;`i 'r 'ary Public City c t s i County My E 1: 1`_ ...,° ::r 7,2016, McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE -ID# 34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ, ESQUIRE-ID# 28009 HEIDI R. SPIVAK, ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID# 87830 KEVIN T. MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM, ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID# 57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN,ESQUIRE-ID# 313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Citibank,N.A.,as Trustee for Chase Funding CUMBERLAND COUNTY Mortgage Loan Asset-Backed Certificates,Series COURT OF COMMON PLEAS 2002-3 Plaintiff NO: 09-3248 v. Kenneth R Roush Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 10 Paradise Drive,Carlisle,Pennsylvania 17013,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Unemployment Compensation Fund L&I Building 16th Floor Harrisburg,Pennsylvania 17121 File#40116 Page 1 Pennsylvania Department of Revenue Bureau of Compliance Dept.280946 Harrisburg,Pennsylvania 17128 Jeffrey L. Sheaffer,Jr. 6601 Carlisle Pike Mechanicsburg,Pennsylvania 17050-1707 Jeffrey L. Sheaffer,Jr. 6601 Carlisle Pike 16th Floor Mechanicsburg,Pennsylvania 17050 Jeffrey L. Sheaffer,Jr. 6601 Carlisle Pike Pittsburgh Office Room 808 Mechanicsburg,Pennsylvania 17050 United States Treasury Department 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh,Pennsylvania 15222 Commonwealth of Pennsylvania L&I Building Department of Labor&Industry 16th Floor Harrisburg,Pennsylvania 17121 Pennsylvania State Employees Credit c/o Kathleen Weinstein Union P.O.Box 67013 Harrisburg,Pennsylvania 17106-7013 Pennsylvania State Employees Credit 1 Credit Union Place Union Harrisburg,Pennsylvania 17110 Pennsylvania State Employees Credit 1 Credit Union Place Union P.O. Box 67013 Harrisburg,Pennsylvania 17110 Cummins Metropower Inc. 4499 Lewis Road Harrisburg,Pennsylvania 17111 Cummins Metropower Inc. 4499 Lewis Road Dept.280946 Harrisburg,Pennsylvania 17111 4. Name and address of the last recorded holder of every mortgage of record: Name Address Pennsylvania Housing Finance 211 North Front Street Agency PO Box 15530 Harrisburg,Pennsylvania 17105 5. Name and address of every other person who has any record lien on the property: Name Address United States of America Attorney United States Department of Justice General Office 10th&Constitution Avenue NW,Room 4400 Washington,D.C.20530 PA Dept of Revenue Bureau of Lien Secton Compliance P.O.Box 280948 Harrisburg,Pennsylvania 17128-0948 File#40116 Page 2 Middlesex Township 350 N.Middlesex Road, Suite 2 50 Beagle Club Road Carlisle,Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address ATTY GENERAL OF U.S. U.S.DEPT OF JUSTICE RM 5111 MAIN JUSTICE BLDG 10TH&CONSTITUTION AVE.N.W. WASHINGTON,D.C.20531 UNITED STATES OF AMERICA UNITED STATES DEPARTMENT OF JUSTICE ATTORNEY GENERAL OF THE 10TH&CONSTITUTION AVENUES NW,ROOM UNITED STATES 4400 WASHINGTON,D.C.20530 Middlesex Township 350 N Middlesex Rd Ste 2 Carlisle,Pennsylvania 17013 Middlesex Township 50 Beagle Club Rd Carlisle,Pennsylvania 17013 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 Address Tenants/Occupants 10 Paradise Drive Carlisle,Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8th Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriffs Sales File#40116 Page 3 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept.of Justice,Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept. of Justice,Rm 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 8. Name and address of Attorney of record: Name Address None 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 subjec : I - . ,alties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ---l° ( q 1(-3 McCABE,WEISBERG AND C• ' ,- , DATE Al BY: [ ]Terrence J.McCabe,E •Ore (Marc :.Weisberg,Esquire [ ]Edward D.Conway 4uire ]Margaret Gairo,Esquire [ ]Andrew L.Mark.• itz,Es 1,4, [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L.Graham,Esquire [ ] Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [, Joseph F. Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Re: Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3 v. Kenneth R Roush.et al. Cumberland County;Number: 09-3248 He#40116 Page 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Citibank,N.A.,as Trustee for Chase Funding COURT OF COMMON PLEAS Mortgage Loan Asset-Backed Certificates, Series CUMBERLAND COUNTY 2002-3 Plaintiff v. Number 09-3248 Kenneth R Roush Defendant DATE: October 28,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS:Kenneth R Roush PROPERTY: 10 Paradise Drive,Carlisle,Pennsylvania 17013 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT:$49,305.72 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on December 4,2013 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013.Our records indicate that you may hold a mortgage or judgments and liens on,and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty(30)days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10)days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. 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G • n nA *d e Cr CP v Y/ m 0 0m eD y 7o n G .d v VI A o G c G �D G ° G �• 1 . p, ° ° " t o mo > � 0 e ° o •t , d y Ott "d sra a + oo ° '� Z ° i C 11. 0_ m e p ;p � N : ° ` o" cD 3 y C - 0 :1 gy G i t p, S r ° - , �' ° N d „r ID > •p w , 0 A o / ; y - N cD N �co D ✓Cga co N ° GO GG G r Cu a O K I I 11 I I I 0 110 16..1 110Vgjal 1.i I 1,114 ti Irak w 1,01”'I•■_.7".i_1001.- wow-A-0.0.---- -0.0-••• 11*0' McCABE,WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 c c MARISA J. COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 'b c..- BRIAN T.LAMANNA,ESQUIRE-ID#310321 r.? ANN E. SWARTZ,ESQUIRE-ID#201926 _..,c.f JOSEPH F.RIGA,ESQUIRE-ID#57716 "; T, JOSEPH I.FOLEY,ESQUIRE-ID#314675 r c CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 �.p ' JENNIFER L.WUNDER,ESQUIRE-ID#315954 f •• 7, LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Citibank,N.A., as Trustee for Chase Funding Cumberland County Mortgage Loan Asset-Backed Certificates, Court of Common Pleas Series 2002-3 Plaintiff v. Number 09-3248 Kenneth R Roush Defendant AFFIDAVIT OF SERVICE • COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA 1. The undersigned, hereby certifies that he/she is the attorney for the Plaintiff for the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriff's Sale was served upon the Defendant, United States of America c/o United States Attorney for the Middle District of PA,by regular mail, certificate of mailing, and certified mail, return receipt requested, dated November 7, 2013 and addressed to William J. Nealon Federal Bldg.235 North Washington Avenue, Ste. 311, Scranton, Pennsylvania 18503. The regular mail was never returned, and the certified mail was delivered on November 13, 2013 and signed for by Agent, Paige. A true and correct copy of the letter, certificate of mailing, certified receipt number 7013 1710 0002 2587 1461 and signed green card are attached hereto, made part hereof, and marked as Exhibit"A". McCABE, WEISBERG AND CONWAY, P.C. BY: ( 4 [ ]Terrence J.McCabe,Esq. [-j'vMarc S.W isberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS 3I DAY OF Dv ce.mbP c , 2013 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KRYSTIN E.TALBOT,Notary Public City of Philadelphia,Phila.County My Commission Expires November 19,2016 EXHIBIT A • U.S. Postal Service,,, , CERTIFIED MAIL,: RECEIPT a (Domestic Mail Only;No Insurance Coverage Provide(); For delivery information visit our website at www,usps.com, 1-4 OFFICI.. -,„,USIE Postage Wir Arlin o ru Certified Fee mum IL - tmark tz3 Return Rept Fee al Endorsement cRequired) . . .[Hor.. eLl u' Q Restricted Delivery Fee e (Endorsement Required) ��Tr 2° \ C� �.tets iraT ri r- Total Postage&Fees $ 6• l a IrTql 16inkbaS4.A.rr4glic.10.0.4321Nky or PO Box No. sy2.�Q _, f�.��tl.`[�15 s,s3D City,State,Z,P+ ran 7� , •3 PS Form 3800.August 2006 See Reverse for Instructions • • Y.,et • • • u CZ c too ,-.3 iE'E.. ›- _ 1114 i P 14,1 .- 'E 4 Crs r'' iSis a 813 -§;di 18 110 1111 make ? > E ilti • 1 k� ...1 - ill a > ti Ili 1a �, 1911E , s1 1g 14,It; x 1 le r111-12: .`'co°.E.•atC tqll is s a0io =i 1,:t 4 GU.'-',Q i!lg 11 stl ,E 441E1 i cs,\ s Vd •fir ti o = e' te 4. s € 1 0 = ..0 I ¢w o d L cd aa Al. VD ,..00clo d¢w ; C o c E 0 C/I.-,Z�'�•' Q G Q �.Xr N • `$omoo-oK.1 Cod^ ^ o '" �n c � cono �43N ( H w- °4 0.)Q`,;' E" U i m al NO z a Y oo 5 E . 3 0 . °•� 0. z y C o0 0 00 0U- C t O N rnv�,a1 p fx o aa, a z co U • .b ^.' .[.C• fie" "" Y. .-. r <C3oo, p v w c o8 M c 6 S1 o U cz,U Tr € q z' o a) ca m _ av M v v 'o r u., a. Z4�a.< a . SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete ;nature . =item 4 if Restricted Delivery is desired. iY 0 Agent is Print your name and address on the ._Ir 44 185,V, ' ,t I 0 Addressee so that we can return the card to,•0f+, e. .y(p nted Name) C. Date of Delivery in Attach this card to the back of ail.iecgy or on the front if space permit... lk :4�i a s^+! ry address different from item 1? �.Yes 1. Article Addressed to: ,� } YE$y nter delivery address below: 0 No -1 iµ :erviceType M\.0 V 4 W,�� � ``�� +104 � 0 Certified Mail 0 Express Mail r- 1,'.w;. F *` 0 0 Registered 0 Return Receipt for Merchandise � � �Yt 0 Insured Mail ❑C.Q.D. ° \ 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number , 7 a ?1O 0002 2587 1461 (Transfer from service(abort PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 , 1414114i. McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW Citibank,N.A.,as Trustee for Chase Funding COURT OF COMMON PLEAS Mortgage Loan Asset-Backed Certificates,Series 2002-3 CUMBERLAND COUNTY v. Number 09-3248 Civil Term Kenneth R Roush NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kenneth R Roush United States of America 14 Paradise Drive do United States Attorney for the Carlisle,Pennsylvania 17013 Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 Your house(real estate)at 10 Paradise Drive,Carlisle,Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on February 5,2014 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$49,305.72 obtained by Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3 against you. 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: 1. The sale will be canceled if you pay to Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3 the back payments,late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe, Weisberg and Conway,P.C.,Esquire at(215)790-1010. 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 the following notice 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 McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 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 on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(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 schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate 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,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 Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ,.- PEN.NS YLdANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff v. Kenneth R Roush Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09 -3248 MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, at his last -known address of 10 Paradise Drive , Carlisle , Pennsylvania 17015. The process server was not able to serve the Defendant because the current resident stated the subject does not live at the provided address. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, at his last -known address of 14 Paradise Drive , Carlisle , Pennsylvania 17015. The process server was not able to serve the Defendant because there was no answer after several attempts . Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, at his last - known address of 1760 West Trindle Road , Carlisle , Pennsylvania 17015. The process server was not able to serve the Defendant because the current resident stated the subject does not live at the provided address. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, at his last -known address of 1437 Trindle Road , Carlisle , Pennsylvania 17015. The process server was not able to serve the Defendant because the current resident, stated the subject does not live at the provided address and 1437 Trindle Road, Carlisle, PA has been re -zoned to 1760 West Trindle Road, Carlisle, PA. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A ". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B ". 3. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendants' last -known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. 5. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 6. If service cannot be made on the Defendant, Kenneth R. Roush, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, by regular mail; certified mail, return receipt requested, and by posting at the last -known address of Defendant and the mortgaged premises known in this herein action as 10 Paradise Drive, Carlisle, Pennsylvania 17013. McCABE, WEISBERG AND CONWAY, P.C. BY: [ ] Terren e J. M Cabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff arc S. Weisb= g, Esquire Margaret G.iro, Esquire Heidi R. Spivak, Esquire Christine L. Graham, Esquire Ann E. Swartz, Esquire Joseph I. Foley, Esquire Jennifer L. Wunder, Esquire Carol A. DiPrinzio, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff v. Kenneth R Roush Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09 -3248 MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE, WEISBERG AND CONWAY, P BY: ] Terrence J. McCabe, Esquire ] Edward D. Conway, Esquire ] Andrew L. Markowitz, Esquire ] Marisa J. Cohen, Esquire ] Brian T. LaManna, Esquire ] Joseph F. Riga, Esquire ] Celine P. DerKrikorian, Esquire ] Lena Kravets, Esquire Attorneys for Plaintiff [ ]'Marc S. eisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff v. Kenneth R Roush Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09 -3248 CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he /she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the o280) day of March, 2014, upon the following: Kenneth R. Roush 10 Paradise Drive Carlisle , Pennsylvania 17015 Kenneth R. Roush 14 Paradise Drive Carlisle , Pennsylvania 17015 Kenneth R. Roush 1760 West Trindle Road Carlisle , Pennsylvania 17015 Kenneth R. Roush 1437 Trindle Road Carlisle , Pennsylvania 17015 McCABE, W . BE iG AND CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [ arc S. Weisberg ' squire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ 1 Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph K Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he /she is the attorney for the Plaintiff in the within action and that he /she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: 1 ] Terrenc . Mcabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff [-T]' 4arc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 v.Kenneth R Roush Cumberland County; CCP; Number 09 -3248 File Number: 40116 EXHIBIT A Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 09 -3248 —Civil Term AFFIDAVIT OF SERVICE Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset — Backed Certificates, Series 202 -3 vs, Kenneth R. Roush Commonwealth of Pennsylvania County of Dauphin ss. I, Robert Calantropio, a competent adult, being duly sworn according to law, depose and say that at 3:22 PM on 02/26/2014, I non — served Kenneth R. Roush at 10 Paradise Drive, Carlisle, PA 17015 in the manner described below: a true and correct copy of Notice of Sheriff's Sale of Real Property issued in the above captioned matter. Comments/Prev. Attempts: 02/26/2014 at 3:22 PM — The current resident, white male, bald, 45 years of age, 5' 08", 160 lbs., stated the subject does not live at the provided address. Sworn to and subscr4be d before me on this Robert Calantropio S day of 1- 14rc 0) . AOSS lJ 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284 -5850 NO J R PUBLIC �lOtir ii:i at3ci John F. Shinkowsky, Notary PPub! =.c Lower Paxton Twp., Dauphin County ty My ComM!>slon Exp3res Sept, 28, 2014 Merntmr. or i4otor!£ Atty File #: 192823 - Our File# 30424 i 1 1 192823 111 Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 09-3248—Civil Term AFFIDAVIT OF SERVICE Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset—Backed Certificates, Series 202-3 VS. Kenneth R. Roush Commonwealth of Pennsylvania County of Dauphin �B. 11 1 1 1 1 I 11 1 1 192826 1 11 111 I, Robert Calantropio, a competent adult, being duly sworn according to law, depose and say that at 12:20 PM on 03/03/2014, I non—served Kenneth R. Roush at 14 Paradise Drive, Carlisle, PA 17015 in the manner described below: a true and correct copy of Notice of Sheriff's Sale of Real Property issued in the above captioned matter. Comments/Prev. Attempts: 02/26/2014 at 3:28 PM — No answer. 02/27/2014 at 9:35 AM — No answer. 02/28/2014 at 8:00 PM — No answer. No answer at a neighbors. 03/03/2014 at 12:20 PM — No answer. x Svio to and subscribe0 before me on his Robert Calantropio d y of t-tnift h , 20 AOSS NOT . _ CC vi -,..)1TAVA:111 (.,,E. PEMV,VIANIA 1 Notarial Seal John F. Shirtkowsky, Notary Public Lower CornmIsfilon Explm1,,A. 28, 2014 ower Paxton Twp., Dauphin County Member. Peansvivw112: ^,i,-,:rTIF:tion ,•.i' Natarie 1 Huntington Quadrang Melville, NY 11747 (516) 284-5850 Suite 2SO4 Atty File#: 192826 - Our File# 30421 Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 09- 3248 —Civil Term AFFIDAVIT OF SERVICE Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset — Backed Certificates, Series 202-3 vs, Kenneth R. Roush Commonwealth of Pennsylvania County of Dauphin ss. I, Robert Calantropio, a competent adult, being duly sworn according to law, depose and say that at 3:20 PM on 02/26/2014, I non — served Kenneth R. Roush at 1760 West Trindle Road, Carlisle, PA 17015 in the manner described below: a true and correct copy of Notice of Sheriff's Sale of Real Property issued in the above captioned matter. Comments/Prev. Attempts: 02/26/2014 at 3:20 PM — The current resident, white male, 45 years of age, 5' 08", 160 lbs., stated the subject does not live at the provided address. x Sworn, to and subscriped ,before me on this Robert Calantropio ..0-1 day of la fc h , 0L. AOSS 1 Huntington Quadrang e, Suite 2SO4 Melville, NY 11747 (516) 284 -5850 NOTARY Natnrl .' Jahn F. Shir:owsky, k` otary Public Lower Paxton 'Twp,, Dauphlri County My Conuiissioii Exp ire> M�•apt. 25, 2014 Membz, as,.T anie gsaia!'on of l■fJtarles Atty File #: 192830 - Our File# 30422 11 1 1 1 Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 09-3248-Civil Term AFFIDAVIT OF SERVICE Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 202-3 vs. Kenneth R. Roush • Commonwealth of Pennsylvania County of Dauphin ss. I, Robert Calantropio, a competent adult, being duly sworn according to law, depose and say that at 3:20 PM on 02/28/2014, 1 non-served Kenneth R. Roush at 1437 Trindle Road, Carlisle, PA 17015 in the manner described below: a true and correct copy of Notice of Sherifrs Sale of Real Property issued in the above captioned matter. Comments/Prey. Attempts: 02/26/2014 at 3:20 PM - The current resident, white male, 45 years of age, 5' 08", 160 lbs., stated the subject does not live at the provided address and 1437 Trindle Road, Carlisle. PA has been re-zoned to 1760 West Trindle Road, Carlisle, PA. Sworn to and subscribed before me on this day of P-A a v. e , 20115. Notarial Seal john F Shinkowsky, f\letary Public Lower Paxton Twp,, Oauphhi County My Commission 1.:Orpires Sept. 20, 2014 MerWaer,PumsOvilo;aA,,,r,..0.0cfNlmis x Robert 'Calantropi AOSS 1 Huntington Quadrangle, Melville, NY 11747 (516) 284-5850 Suite 2SO4 Atty File#: 192831 Our File# 30423 11 1 1 1 1 1 11 EXHIBIT B o ca N -4 }Z °D--4 •- OOQ.= N .C73. Il • U) U) O ] C UJ CC � d 0 az >- E o § Notary Public, ' z i AFFIDAVIT OF GOOD 1111111 11111 11111 11111 11111 1111 FAITH 1111 INVESTIGATION *153432* File#:116.4801PA Subject: Kenneth R Roush Last -known Address: 14 Paradise Drive, Carlisle, PA 17015 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: Samantha Alicea, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not a party to this action. I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the Kenneth R Roush at the last -known /property address indicated below and the extent of the investigation and the results are as follows: Date DueDiligence Rem rks 11/12/2013 PROPERTY ADDRESS: 10 Paradise Drive, Carlisle, PA 17013 11/12/2013 LAST -KNOWN ADDRESS: 14 Paradise Drive, Carlisle, PA 17015 11/12/2013 INQUIRY OF LOCAL TELEPHONE COMPANY: Directory Assistance: The subject has a telephone listing for the above stated last -known address. Search results found the number of (717) 249 -8368 associated with the subject. 11/12/2013 INTERNET SEARCH: Search results show the subject resides at the above stated last -known address. Search results also associate the subject with the following addresses; 1.) 1760 W Trindle Road, Carlisle, PA 17015, 2.) 1437 Trindle Road, Carlisle, PA 17015. In addition search results provided the telephone numbers of (717) 249 -8368 and (717) 620 -8220. 11/12/2013 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. 11/12/2013 LOCAL TAX RECORD INQUIRY: Search was unable to confirm a mailing address for the subject at the above stated property address. I, Samantha Alicea, reviewed and signed this affidavit on 11/12/2013. The information set forth in this ThAffidavit of Good Faith Investigation is true and correct to the best of my knowledge, information and belief. Sworn to and s bscribed before me on 20_43_ Samantha Ahcea Attorney Outsourcing Support Services, Inc. LIC #1421841 1 Huntington Quadrangle, Suite 2SO4 Melville,NY 11747 Firm Ref# 116 -4801 PA McCabe, Weisberg & Conway, P.C. CID #28 123 S. Broad Street Philadelphia,PA 19109 Free people search and contact details for Kenneth R Roush ! White Pages Page 1 of 1 WhitePages.com Kenneth R Roush 55-59 years old Phone number 717-249-8368 Address 14 Paradise Dr Carlisle, PA 17015-9725 Previous locations Carlisle, PA © 2013 White Pages Inc. - Privacy Policy and Terms of Use http://www.whitepages.com/name/Kenneth-R-Roush/Carlisle-PA/22i8qs2 11/12/2013 c Person Search Results Search Terms Used - SSN: 184 -50 -xxxx; All Full Name Age /DOB Address Dates Page 1 of 3 Records: 1 to 25 of 25 Phone Information ' KENNETH R ROUSH 65 Gender. Male Nov xx, 1958 184 -50 -xxxx LexID: 2208187722 We Also F., Phones Plus Found: 14 PARADISE DR Sep 1979 - Oct 2013 717-249-8368 - EST CARLISLE PA 17015-9725 n Property Records ir7 Email Address 2. ' P ROUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 14 PARADISE DR CARLISLE PA 17015-9725 Aug 1991 - 2013 717. 249.8368 - EST 3 ' KENNETH R RUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 14 PARADISE DR CARLISLE PA 17015-9725 Aug 1991 - Feb 2011 4. KENNETH ROUSE Gender: Male 184-50-xxxx LexID:2208187722 55 Nov xx, 1958 14 PARADISE DR CARLISLE PA 17015-9725 Apr 2009 15 . KEN ROUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 14 PARADISE DR CARLISLE PA 17015.9725 Apr 2008 6. KEN HAULING ROUSHS Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 14 PARADISE DR CARLISLE PA 17015-9725 May 2000 7. KENNETHE R ROUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 1437 TRINDLE RD CARLISLE PA 17015-9739 Mar 2013 KENNETH R ROUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 1760 W TRINDLE RD CARLISLE PA 17015-9757 2002.2013 717. 620.8220 - EST HUTCHISON CONSTANC 9. KENNETH R ROUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 10 PARADISE DR CARLISLE PA 17015-9725 Jan 1996.2013 717-249-8368 - EST 10. KENNETH R ROUSH Gender: Male 184.50-xxxx LexID: 2208187722 55 Nov xx, 1958 1437 TRINDLE RD CARLISLE PA 17015 -9739 Jan 1996 - Mar 2011 717. 249.8368 - EST https://secure.accurint.com/app/bps/main 11/12/2013 Page 2 of 3 11. KEN ROUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 1760 W TRINDLE RD CARLISLE PA 17015 -9757 Sep 2010 12. KEN ROUSH Gender: Male 184.50-xxxx LexID: 2208187722 55 Nov xx, 1958 1437 TRINDLE RD CARLISLE PA 17015 -9739 Jan 2009 • Dec 2009 13. KENNETH P ROUSH Gender: Male 184.50 -xxxx LexID: 2208187722 55 Nov xx, 1958 14 PAR 14 CARLISLE PA 17015 Feb 2008 14. KENNETH R ROUSH Gender: Male 184-50-xxxx LexIO: 2208187722 55 Nov xx, 1958 14 PAR 14 CARLISLE PA 17015 Feb 2008 15. KENNETH R RUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 14 PAR 14 CARLISLE PA 17015 Feb 2008 16. KENNETH R ROUSH Gender: Male 184•50 -xxxx LexID: 2208187722 56 Nov xx, 1958 19 PARADISE DR CARLISLE PA 17015-9725 Dec 2006 - Jan 2008 17. KENNETH P ROUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 14 PARAOLSTE DR CARLISLE PA 17013 Aug 1999 18. KENNETH R ROUSH Gender: Male 184 -50 -xxxx LexID: 2208187722 55 Nov xx, 1958 14 PARAOLSTE DR CARLISLE PA 17013 Aug 1999 19. KENNETH R RUSH Gender: Male 184.50•xxxx LexID: 2208187722 55 Nov xx, 1958 14 PARAOLSTE DR CARLISLE PA 17013 Aug 1999 20. KEN ROUSHS Gender: Male 184.50 -xxxx LexID: 2208187722 55 Nov xx, 1958 RR 1 BOX 52 CARLISLE PA 17013 Aug 1992 - Feb 1996 21. KENNETH R ROUSH Gender: Male 184.50-xxxx LexID: 2208187722 55 Nov xx, 1958 RR 1 BOX 52 CARLISLE PA 17013 Jan 1985 • Apr 1995 22. KENNETH P ROUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 RR 1 BOX 52 CARLISLE PA 17013 Mar 1992 - Nov 1993 23. KENNETH R RUSH Gender: Male 184-50-xxxx LexID: 2208187722 55 Nov xx, 1958 RR 1 BOX 52 CARLISLE PA 17013 Mar 1992 - Nov 1993 https: / /secure.accurint.com/app/bps /main 11/12/2013 Page 3 of 3 24. KENNETH R ROUSH 55 1 RT D BOX Feb 1985 717. 249.8368 • EST Gender: Male Nov xx, 1958 CARLISLE PA 17013 184.50-xxxx LexID: 2208187722 25. KENNETH R ROUSH 55 PO BOX 52 Feb 1985 717. 249.8368 - EST Gender: Male Nov xx, 1958 CARLISLE PA 17013-0052 184.50 -xxxx LexID: 2208187722 Records: 1 to 25 of 25 Your DPPA Permissible Use: Use in the Normal Course of Business Your GLBA Permissible Use: Authorized by Consumer https: / /secure.accurint.com /app /bps /main 11/12/2013 Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... Page 1 of 2 Search All Collections j Newspapers Recent Obituaries Newspaper Archivel Historical Obituaries Birth Records Marriage Records Passenger Lists Newspaper Articles Legal, Probate & Court Photos & Illustrations More L. Other Genealogy Records j Social Security Death Index j Historical Books Historical Documents !African-American Newspapers I Irish- American Newspapers Log In I Subscribe I Home 1 About Us I Help ` Learning Center 1 Store Questions? 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IF http:// www. courthouseonline .com /AOPropertyRec. asp ?State =PA &County = Cumberland... 11/12/2013 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff v, Kenneth R Roush Defendants Cumberland County Court of Common Pleas Number 09 -3248 ORDER AND NOW, this day of 'ij,e t , 2014, the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, by regular mail and by certified mail, return receipt requested, to his last -known addresses of 10 Paradise Drive , Carlisle , Pennsylvania 17015, 14 Paradise Drive , Carlisle , Pennsylvania 17015, 1760 West Trindle Road , Carlisle , Pennsylvania 17015 and 1437 Trindle Road , Carlisle , Pennsylvania 17015, and by posting the mortgaged premises of 10 Paradise Drive, Carlisle, Pennsylvania 17013. BY T ` COURT: McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215 790 -1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff Kenneth R Roush v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09 -3248 MOTION TO ADJOURN SHERIFF'S SALE Plaintiff, Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3, by and through its attorneys, McCabe Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for April 9, 2014 and avers as follows: 1. Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 10 Paradise Drive, Carlisle, PA 17013 for Sheriffs Sale originally scheduled for December 4, 2013. 2. Plaintiffhas postponed the Sheriff's Sale to the fullest extent permitted without requesting leave from the Court, and is now requesting that this Honorable Court allow the sale currently scheduled for April 9, 2014 to be postponed further until June 4, 2014 as Plaintiff is resolving title issues. 3. Plaintiff has complied with all the pertinent statutory and procedural rules ofcourt governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. 5. This case as been previously assigned to Honorable Kevin A. Hess, P.J. 6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in the instant motion except by mail. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 10 Paradise Drive, Carlisle, PA 17013 to the June 4, 2014 Sheriff's Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for April 9, 2014. MCCABE, WEISBERG & ClirTWAY, P.C. BY: [ ] TERRENCE J. McCABE, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] [ ] MARISA J. COHEN, ESQUIRE [ ] [ ] BRIAN T. LAMANNA, ESQUIRE [ ] [ ] JOSEPH F. RIGA, ESQUIRE [ [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] [ ] LENA KRAVETS, ESQUIRE [ Attorneys for Plaintiff ARC S. WEISBERG, ESQUIRE MARGARET GAIRO, ESQUIRE HEIDI R. SPIVAK, ESQUIRE CHRISTINE L. GRAI IAM, ESQUIRE ANN E. SWARTZ, ESQUIRE JOSEPH I. FOLEY, ESQUIRE JENNIFER L. WUNDER, ESQUIRE CAROL A. DiPRINZIO, ESQUIRE athan Wol , ire Wolf & Wo orneys at Law 10 West H Street Carlisle, PA 17013 -2922 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID 4 315954 LENA KRAVETS, ESQUIRE - ID 4 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff Kenneth R Roush v. Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS No, 09 -3248 MEMORANDUM OF LAW Plaintiff requested that the Sheriffs Sale originally scheduled for December 4, 2013 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriffs Sale set for April 9, 2014 be adjourned to June 4, 2014 as Plaintiff is resolving title issues. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriff's Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the properly known as 10 Paradise Drive, Carlisle, PA 17013 be adjourned to the June 4, 2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled for April 9, 2014. MCCABE, WEISBERG n &CO1�IW .4YY, BY: �'l..i /� [ ] TERRENCE J. McCABE, ESQUIRE [ 1 ANDREW LL.. MAARKOWITZ,QESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ 1 CELINE P. DERKRIKORIAN, ESQUIRE [ ] LENA KRAVETS, ESQUIRE Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE MARGARET GAIRO, ESQUIRE HEIDI R. SPIVAK, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE ANN E. SWARTZ, ESQUIRE [ ] JOSEPH 1. FOLEY, ESQUIRE [ ] JENNIFER L. WUNDER, ESQUIRE [ ] CAROL A. DiPRINZIO. ESQUIRE Natha '` *o Wolf & Wol 10 West H. Carlisle, quire ttomeys at Law treet 7013 -2922 VERIFICATION The undersigned hereby certifies that he /she is the attorney for the Plaintiff in the within action and that he /she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. MCCABE, WEISBERG & CONWAY, P.C. BY: ] TERRENCE J. McCABE, ESQUIRE [ "] ] EDWARD D. CONWAY, ESQUIRE [ ] ] ANDREW L. MARKOWITZ, ESQUIRE [ ] 1 MARISA J. COHEN, ESQUIRE [ ] ] BRIAN T. LAMANNA, ESQUIRE [ ] ] JOSEPH F. RIGA, ESQUIRE [ ] ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] ] LENA KRAVETS, ESQUIRE [ Attorneys for Plaintiff <ARC S. WEISBERG, ESQUIRE MARGARET GAIRO, ESQUIRE HEIDI R. SPIVAK, ESQUIRE CHRISTINE L. GRAI IAM, ESQUIRE ANN E. SWARTZ, ESQUIRE JOSEPH I. FOLEY, ESQUIRE JENNIFER L. WUNDER, ESQUIRE CAROL A. DiPRINZIO, ESQUIRE Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 v. Kenneth R Roush Cumberland County; Number: 09 -3248 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH L FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L, WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff Kenneth R Roush v. Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09 -3248 CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff, hereby certifies that I served a true and correct copy of the foregoing Motion To Postpone Sheriff's Sale, by United States Mail, first class, postage prepaid, on the 4th day of April, 2014, upon the following: Kenneth R Roush 14 Paradise Drive Carlisle, PA, 17013 MCCABE, WEISBERG & CO BY: A7, P� [ ] TERRENCE J. McCABE, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] LENA KRAVETS, ESQUIRE Attorneys for Plaintiff [•--r1 ARC S. WEISBERG, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] ANN E. SWARTZ, ESQUIRE [ ] JOSEPH 1. FOLEY, ESQUIRE [ ] JENNIFER L. WUNDER, ESQUIRE [ ] CAROL A. DiPRINZIO, ESQUIRE Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff v. Kenneth R Roush Defendant AND NOW, this L day of CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09 -3248 ORDER , 2014, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above- captioned matter for April 9, 2014, it is hereby ORDERED that the Sheriff's Sale of the property known as 10 Paradise Drive, Carlisle, PA 17013 is adjourned to the June 4, 2014 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. Distribution: Kenneth R Roush 14 Paradise Drive Carlisle, PA, 17013 cabe, Weisberg & Conway P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Office of the Sheriff * CC() I*ES cr&dict, /Y BY THE COURT: P J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Citibank, N.A., as Trustee for Chase Funding FILE NO.: 09-3248 Civil Term Civil Term Mortgage Loan Asset -Backed Certificates, Series AMOUNT DUE: $49,305.72 2002-3 v. INTEREST: from 12/15/09 $11,745.00 at $8.10 Kenneth R Roush and THE UNITED STATES OF ATTY'S COMM.: AMERICA COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. AMENDED PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 10 Paradise Drive, Carlisle, Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Sigha Print Name: , Esquire Firm: MCCABE, W'EISBERG AND CONWAY Address:123 S. Broad Street Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No./ (5 AMENDED LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE DALE FETROW REVISED PLAN OF LOTS, WHICH PLAN IS RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK NO. 3, PAGE 103, AS FOLLOWS: ON THE NORTH BY LOT NO. 141; ON THE EAST BY 50 FEET WIDE PARADISE ROAD; ON THE SOUTH BY LOT NO. 143; AND ON THE WEST BY LOT NO. 107. CONTAINING 50 FEET IN FRONT ALONG THE WESTERN LINE OF 50 FEET WIDE PARADISE ROAD AND EXTENDING WESTWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF 148.2 FEET AND HAVING THEREON ERECTED. BEING ALL OF LOT NO. 142 AS SHOWN ON SAID DALE FETROW REVISED PLAN OF LOTS RECORDED AS AFORESAID. Being known as: 10 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which ROBERT E. ROUSH, JR., BARRY L. ROUSH, FAYE A. SHEAFFER, PATRICIA J. SMITH AND KENNETH R. ROUSH by deed dated May 22, 2002 and recorded July 10, 2002 in the office of the Recorder in and for Cumberland County in Deed Book 252, Page 3136, granted and conveyed to Kenneth R Roush in fee. TAX MAP PARCEL NUMBER: 21-22-0119-072 nnotetocircrt.. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-3248 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK, N.A., AS TRUSTEE FOR CHASE FUNDING MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2002-3 Plaintiff (s) From KENNETH R. ROUSH - Uvi 4 o -P fl,vi v ., Cit, (1) 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 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: $49,305.72 L.L.: $.50 Interest FROM 12/15/09 - $11,745.00 AT $8.10 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,000.00 Other Costs: Plaintiff Paid: Date: 6/24/13 (Seal) : ' By. 1) Deputy REQUESTING PARTY: Name: MARC WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush Defendant Attorneys for Plaintiff 04 • Cumberland County Court of Common Pleas Number 09-3248 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA The undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on April 10, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R Roush, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last -known addresses of 10 Paradise Drive, Carlisle, Pennsylvania 17015, 14 Paradise Drive, Carlisle, Pennsylvania 17015, 1760 West Trindle Road, Carlisle, Pennsylvania 17015, and 1437 Trindle Road, Carlisle, Pennsylvania 17015. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on April 23, 2014, in accordance with the attached Court Order, per Plaintiff's conversation with the Sheriff's Office, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R Roush, by posting the same at the mortgaged premises of 10 Paradise Drive, Carlisle, Pennsylvania 17013. Mc EISIERCAN BY: [ ] rrence J. McCabe, Es [ Edward D. Conway, Esq. [ 1 Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena .Kravets, Esquire Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS 3 DAY OF JUNE , 2014 NOTARY PU' NWEALTH OP PENNWILVAplIA NOTARIAL SEAL BRI -ANNE H. GLADD,.Nagy Public C�PMiadebhia' Phila. County4, 2 fires 24, 2017 CONWAY, P.C. ] Marc S. Weisberg, Esq. ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ 1 Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esquire [ 1 Carol A. DiPrinzio, Esquire 3: C I\L-!J CUUNTY Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush Defendants Cumberland County Court of Common Pleas Number 09-3248 ORDER AND NOW, this...3/24Pay of iQpn-it , 2014, the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, by regular mail and by certified mail, return receipt requested, to his last -known addresses of 10 Paradise Drive , Carlisle , Pennsylvania 17015, 14 Paradise Drive , Carlisle , Pennsylvania 17015, 1760 West Trindle Road , Carlisle , Pennsylvania 17015 and 1437 Trindle Road , Carlisle , Pennsylvania 17015, and by posting the mortgaged premises of 10 Paradise Drive, Carlisle, Pennsylvania 17013. BY THE COURT: EXHIBIT A ru m 7014 0150 0001 0135 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery In}ormatlon visit our website at www.uepa.com, .._ =',7, 1' t; .; a If tl ri i. 62, Postage Certified Fee Return Receipt Fee (Endorsement Requirod) Restricted Delivery Foe (Endorsement Required) Total Postage & Fees .2. 70 $ 6y) Postrrierk' Here • 7. - PS Form 3800, Augusr2006 . -See Reverse for Instructions ru ru cO 7014 0150 0001 0135 0150 0001 0135 8235 ru ru m O O 7014 0150 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For deliver* information visit our.webslte at www.usps.comn Postage Certified Fee Rotum Receipt Fee (Endorsement RegoIrod) Restricted Delivery Feo (Endorsement Required) Total Postage & Fees t1• Posta:ark (.. Here U.S. Postal Service. -CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit ourwebsite at www.uspa.comg Postage Codified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent �. u ^1• (Z.-- use • orPOeox No1(. - ,,Sia,`L•«4 (� Penns ( 0015- 08 00.m :1000 ann„ct Nina Sic &eve . n inn Inslnrnlinne U.S. Postal Service,., CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For dellverylnformation visit our webslte.at www.usps.come 7 e „ Postngo Cart:fled Fen Return Recegd Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Pomark Hor0st $ PS Form 3600, August 2006 . e eey See Reverse for instructions Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 1400 Philadelphia, PA 19109 ATTN: Nicole Slavin- 40116 Check type of mail or service: 0 Certified 0 Recorded Delivery (International) 0 COD 0 Registered o Delivery Cortfirmarion 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation o Insured Line Article Number Postage 1 Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 v. Kenneth R Roush 7014 0150 0001 0135 8228 Kenneth R Roush 10 Paradise Drive Carlisle, Pennsylvania 17015 • ":•:11 AV- US. POSTAGE)* PITNEY BOWES if'f-ragia,,=.47155'=" ZIP. 191°9 $ 004 80° 02 1V1 0001377494. APR 10 2014 2 7014 0150 0001 0135 8235 Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 1701 3 7014 0150 0001 0135 8242 Kenneth R Roush 1760 West Trindle Road Carlisle, Pennsylvania 17015 7014 0150 0001 0135 8211 Kenneth R Roush 1437 Trindle Road Carlisle, Pennsylvania 17015 Total Number of Pieces Listed by Sender 4 Total Number of Pieces Received at the Post Office ; tti v 1 i APR 1 0 e'01' ,. —5- - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff tibstii� qigorlb„.i � Jody S Smith Chief Deputy .f_ 17 i'1 L: Richard W Stewart Solicitor P p. LNNSYS tiA1,1i Citibank, NA vs. Case Number Kenneth R. Roush 2009-3248 SHERIFF'S RETURN OF SERVICE 09/25/2013 01:13 PM -Deputy Jamie DiMartle, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 10 Paradise Drive, Middlesex-Township, Carlisle, PA 17013, Cumberland County. 12/02/2013 As directed by Marc Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 02/04/2014 As directed by Marc Weisberg,Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014 04/08/2014 As directed by Marc Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 04/23/2014 06:35 PM -Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Kenneth R. Roush, pursuant to Order of Court by"Posting"the premises located at 10 Paradise Drive, Middlesex Township, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. 06/04/2014 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of$1.00 to Attorney Marc Weisberg, on behalf of, Citibank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $964.39 SO ANSWERS, June 24, 2014 RON— R ANDERSON, SHERIFF .fit) pd .0,4 - � S" pd SZ) p 314 ..taerit`. aEt os'j t On August 23, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 10 Paradise Drive, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 23, 2013 By: Real Estate Coordinator • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2009-3248 Civil Term CITIBANK,N.A. vs. KENNETH R.ROUSH Atty.: Marc Weisberg ALL THAT certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described jn accor- dance with the Dale Fetrow revised Plan of Lots,wwch plan is recorded in the hereinafter named Recorders Office in Plan Book No.3, Page 103, as follows: ON the north by Lot No. 141; on the east by 50 feet wide Paradise Road; on the south by Lot No. 143; and on the west by Lot No. 107. CONTAINING 50 feet in front along the western line of 50 feet wide Paradise Road and extending west- wardly therefrom at an even width a distance of 148.2 feet and having thereon erected. BEING all of Lot No. 142 as shown on said Dale Fetrow revised Plan of Lots recorded as aforesaid. Being known as: 10 Paradise Drive,Carlisle,Pennsylvania 17013. BEING the same premises which ROBERT E. ROUSH,Jlt, BARRY L. ROUSH, FAYE A. SHEAFFER, PA- TRICIA!. SMITH AND KENNETH R. ROUSH by deed dated May 22,2002 and recorded July 10, 2002 in the office of the Recorder in and for Cum- berland County in Deed Book 252, Page 3136,granted and conveyed to Kenneth R Roush in fee. 99 • 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, 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 11, October 18 and October 25, 2013 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. r 1 isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 C----4111_,_—•-�.,L,i G / Notary NOTARIAL SEAL DEBOFAH A COLLINS N),tar l Public A puSi,ES OOL'G L CUM ERLANO COI,Nt(. '.0' C)�imicgwn I_A,ires Apr 28.20'14 he Patriot-News Co.2020 Technology PkwyatriotXews Suite 300 • Mechanicsburg, PA 17050 ji Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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 and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed 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 she has personal knowledge of the facts aforesaid and 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 and 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. 20094248 ChM Tenn This ad ran on the date(s)shown below: CITIBANK,NA 10/13/13 ink itweirrif R Room Aft: lYbre worfsb.rg / / r 10/20/13 ALL THAT CERTAIN ,TRACT of _ - 10/27/13 LAND SITUATE IN. MIDDLESEX TOWNSHIP,CUMBERLAND COUNTY, X 401 PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE DALE FETROW:REVISED PLAN OF LOIS,WWCFfPLAN IS RECORDED IN THE HEREINAFTER NAMED Sworn to and'subscribed before thi 11 day of Nov-mber, 2013 A.D. RECORDERS OFFICE IN PLAN BOOK ( / NO.3,PAGE 103;AS FOLLOWS: i I ' / ON THE NORTH BY LOT NO. 141; ON ME EAST BY 50 FEET WIDE (}-1/ ✓ t -/ PARADISE ROAD,AN THE SOUTH BY O : u bl is LOT NO.143;AND ON THE WEST BY ' LOT NO.107.CONTAINING 50 FEET IN FRONT ALONG THE WESTERN LINE OF 50 FEET WIDE PARADISE ROAD v`trs n,I R AND EXTENDING WESTWARDLY `_ `";3F" Y?MANIA THEREFROM-AT AN EVEN WIDTH §-f off,/c F r,T t� ,.fi A DISTANT OF 148:2 FEET AND t'ash t, n {^t !Zr Pts61c HAVINGTHER$ S ,C-uphinCou!niy BEING ALLOFLp 'S TOWN Y Commission Expires Dec.12,2016 ON SAID DALE REVISED MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES -PLAN OF LOTS RECORDED AS • LAW OFFICES • McCABE,WEISBERG & CONWAY, P.C. SUITE 210 SUITE 800 145 HUGUENOT STREET SUITE 1400 312 MARSHALL AVENUE NEW ROCHELLE,NY 10801 123 SOUTH BROAD STREET LAUREL,MD 20707 (914)-636-8900 PHILADELPHIA,PA 19109 (301)490-3361 FAX(914)636-8901 (215)790-1010 FAX(301)490-1568 FAX(215)790-1274 Also servicing the District of Columbia SUITE 201 216 HADDON AVENUE SUITE 203 WESTMONT,NI 08108 722 E.MARKET STREET (856)858-7080 LEESBURG,VA 20176 FAX(856)858-7020 (571)449 9350 FAX:(855)845-2585 SUITE 130 June 12,2014 DELAWARE CORPORATE CENTER I SUITE 2S06 ONE RIGHTER PARKWAY 1 HUNTINGTON QUADRANGLE WILMINGTON,DE 19803 MELVILLE,NY 11747 (302)409-3520 (631)812-4084 FAX 855-425.1980 FAX:(855)845-2584 Ron Anderson 1 Courthouse Square Third Floor Carlisle,Pennsylvania 17013 Re: Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 vs.Kenneth R Roush Cumberland County,Court of Common Pleas,No.09-3248 Action in Mortgage Foreclosure Premises: 10 Paradise Drive,Carlisle,Pennsylvania 17013 Date of Sheriff's Sale: June 4,2014 Dear Sheriff: Please be advised that title to this property should be transferred to Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3,10790 Rancho Bernardo Road,San Diego,CA 92127 in the deed poll. If you are in need of any further information,please contact me. Thank you for your cooperation in this matter. Very truly yours, ad 1 y c k\e-Loco Ashley Maldon o Legal Assistant /am Enclosures This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. , REV-183 EX(04-10) RECORDER'S USE ONLY penrisylvania REALTY TRANSFER TAX State Tax Paid 12 DEPARTMENT OF REVE•NUE STATEMENT OF VALUE Book Number Bureau of Individual Taxes Page Number PO Box 280603 See reverse for instructions. Harrisburg,PA 17128-0603 Date Recorded Complete each section and file in duplicate with Recorder of Deeds when(1)the full value/consideration is not set forth in the deed, (2)the deed is without consideration or by gift, or(3)a tax exemption is claimed.A Statement of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utility easement. If more space is needed, attach additional sheets. A. CORRESPONDENT-All inquires may be directed to the following person: Name Telephone Number McCabe, Weisberg and Conway, P.C. 215-790-1010 Mailing Address City State Zip Code 123 S. Broad Street, Suite 1400 Philadelphia PA 19109 B.TRANSFER DATA C. Date of Acceptance of Document Grantor(s)/Lessor(s) Grantee(s)/Lessee(s)Citibank,N.A.,as Trustee for Chase Funding Sheriff of Cumberland Mortgage Loan Asset-Backed Certificates,Series 2002-3 Mailing Address Mailing Address 1 Courthouse Square,Third Floor 10790 Rancho Bernardo Road City State Zip Code City State Zip Code Carlisle PA 17013 San Diego CA 92127 D. REAL ESTATE LOCATION Street Address City,Township,Borough 10 Paradise Drive Carlisle(city)/MIDDLESEX TOWNSHIP County School District Tax Parcel Number Cumberland CUMBERLAND VALLEY SCHOOL DISTRICT 21-22-0119-072 E.VALUATION DATA-WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ❑Y ❑ N 1.Actual Cash Consideration 2.Other consideration 3.Total Consideration $1.00 +0.00 = $1.00 4.County Assessed Value 5.Common Level Ratio Factor 6.Fair Market Value $82,600.00 x 0.97 = $80,122.00 F. EXEMPTION DATA la.Amount of Exemption Claimed 1b.Percentage of Grantor's Interest in Real Estate 1c.Percentage of Grantor's Interest Conveyed 100 100% 100% Check Appropriate Box Below for Exemption Claimed. ❑ Will or intestate succession. (Name of Decedent) (Estate File Number) p Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) p Transfer from a trust. Date of transfer into the trust If trust was amended attach a copy of original amended trust. ❑ Transfer between principal and agent/straw party. (Attach complete copy of agency/straw party agreement.) p Transfers to the commonwealth,the U.S. and instrumentalities by gift, dedication, condemnation or in lieu of con- demnation. (If condemnation or in lieu of condemnation, attach a copy of resolution.) • Transfer from mortgage to a holder of a mortgage in default. (Attach copy of mortgage and note/assignment.) p Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) El Statutory corporate consolidation, merger, or division. (Attach copy of article.) ❑ Other(Please explain exemption claimed.) Property was sold at Sheriff sale on June 4,2014 to Citibank,N.A.,as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3 as holder of a mortgage in default,and,thus,tax exempt. Under penalties of law, I declare that I have examined this statement, including accompanying information,and to the best of my knowledge and belief, it is true,correct and complete. _ Signature of Correspondent or Responsible Party Date (----- 461- 1 q( Op 7T I t/ FAILURE TO COMPLE E THIS FORM PROPE Y OR ATTACH REQUESTED DOCUMENTATION MAY RIN UL THE RECORDER'S REFUSAL TO RECORD T E DEED. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Cititbank, NA as Trustee for Chase Funding Mortgage Loan Asset-Backed Cert Series 2002-3 is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 24th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 3248, at the suit of Citibank., NA as Trustee for Chase Funding Mortgage Loan Asset-Backed Cert Series 2002-3 against Kenneth R. Roush is duly recorded as Instrument Number 201415531. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /7 day of / ' , A.D. 00,/y i74,.,, ... / r4 , .t Recorder of Deeds Recorder f Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018