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HomeMy WebLinkAbout09-5096i 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 02-4 10790 Rancho Bernardo Road San Diego, California 92127 v Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17015 and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 0- 501f L'/ V, l '?'w CIVIL ACTIONIMORTGAGE 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 if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County 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 veint:e (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 toclas 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 02-4, 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 17015. On September 6, 2002, mortgagors 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 1771, Page 2891. 4. The aforesaid mortgage was thereafter assigned by Chase Manhattan Mortgage Corporation to Citibank N.A. As Trustee For Chase 02-4, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. On March 29, 2007, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $197,681.90, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 07-1718FTL, in favor of the United States of America against Kenneth R. Roush, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. Notice of this lien was filed on March 29, 2007, at the Office of the Prothonotary of Cumberland County, by the Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "A". On August 21, 2007, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $42,102.75, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 07-4972FTL, in favor of the United States of America against Kenneth R. Roush, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. 8. Notice of this lien was filed on August 21, 2007, at the Office of the Prothonotary of Cumberland County, by the Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "B". 9. On July 31, 2008, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $29,336.51, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 08-4602FTL, in favor of the United States of America against Kenneth R. Roush, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. 10. Notice of this lien was filed on July 31, 2008, at the Office of the Prothonotary of Cumberland County, by the Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "C". 11. By the filing of this action, Plaintiff seeks a judicial sale of the premises hereinafter described. 12. The premises subject to said mortgage is described in the mortgage attached as Exhibit "B" and is known as 1437 Trindle Road, Carlisle, Pennsylvania 17013. 13. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 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. 14. The following amounts are due on the mortgage: Principal Balance $ 51,992.79 Interest through May 6, 2009 $ 4,532.87 (Plus $16.20 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 1,408.63 Corporate Advance $ 1,841.50 Escrow Advance $ 2,841.36 NSF Fees $ 20.00 GRAND TOTAL $ 63,887.15 15. 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 $63,887.15, together with interest at the rate of $16.20 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property and that the lien of the United States of America be discharged. McCABE, WRG AND CfQ?,O?AY,P.C. BY: ? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUI MARC S. WEISBERG, ESQUI 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, WE_ G AND CQWAY,P.C. BY: Atto>fii6ys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 3 Department of the Treasury - Internal Revenue Service Form 669 (Y)(c7 (Rev. ?ubruary 20041 Notice of Federal 'fax Lien Area: Serial Number 9MALn BUSINESS/SELF EMPLOYED APEA #2 Lien Unit Phone: (soot 913-6050 352469307 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. 'Wherefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxoavw 1CETINF..T74 V >anTTatt Residence 14 PARADISE DMZ CARLISLE, PA 17015-9725 11 IMPORTANT RELEASE IWFORMATIOPI: For each assessment listed below, unless notice of the lien is refired by the date given in column Wr this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(ai. Tax Period bate of Last D for Kind of Tax Ending Identifying Number Assessment Itef%e c (d) (e) 1040 12/31/2002 XXX-XX-9872 08/22/2005 09/21/2015 1040 1 1 12/31/2003 XXX-XX-9812 7-0/2312006 1 11/22/2016 1040 12/31/2004 XXX-XX-9812 1 10/23/2006 11/22/2016 Place of Filing This notice was prepared and signed at DETROIT, MI Prothonotary Cumberland County Carlisle, PA 17013 For Ootional Use by -Pd- AJ 'A C..h., 15 4 a e 90/le- IF . ling Dfflcp cI p T ti' -l rn ? Unpaid Balance of Assessment 46546.69 75182.64 75952.37 Total 1$ 197681.90 the 2DLh day of March 2007 Signature Title on this, for JEFFREY r WHITE REVENUE OFFICER 22-05-1450 (717) 777-9623 X1300 (NOTE: Certlficate of ofticor authorized by law to take acknowledgment ig not aasenilat to the validity of Notice of Fedcral Tax lien Rev. Rut, 71-168, 1971 - 2 C.B. 409) Part I - Kept By Recording Office Form hev-i 4? Fl? (c) it 4804 Department of the Treasury - Internal Revenue Service Form 666 (Y)(c) Notice of Federal Tax Lien IRev. February 20041 Area: Serial Number SMALL EUSINESS/SELF EMPLOYED AREA if2 383959907 Lien Unit Phone: (800) 913-6050 As provided by section 6321, 6322, and 6523 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-riaRmed taxpayer. We have made a dernanid for payment of this liability, but It remains unpaid. Therefore, there is a lien in faror of the United States on all property and rights to property belonging to this taaq>•al)?er for the arnount of these taxes, and additional penalties, interest, and costs that may accrue. 9 of Taxpayer Residence 14 pARADZSE DR CARLISLE, PA 17015--9725 Z44 7.7 F" 7-/ For Option* Uae by Recording Ofrica Pd , ¢]J? / t /q. W IMPORTANT Rlch2ASl: INFORMATION: For each assessment listed below, unless notice of the ben is retiled by the date given in column le), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(8}. Tax Period Date of Last Day for Kind of Tax Ending Identifying Number Assessment Reming a b d e 1040 12/31/2005 XXX-XX-9812 07/16/2007 08/15/2017 1040 12/31/2006 XXX-XX-9812 07/09/2007 08/08/2017 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 h r.s ti -- C7 ilT-n " N r, C1 C.0 A c:? -< Unpaid Balance of Assessment 2388'7.61 1.8215.14 Total I$ 42102 , 75 DETROIT. MI This notice was prepared and signed at the 10th day of August 2007 Signature fnr JEF?REY WHITE Title 22-06-1850 REVEN= OFFICER (717) 777-9623 x1300 (NOTE, Certificate of officer authorized by law to take acknowledgment is not essential to the valid'+ ocice of Psderal Tax lien Rev, Flul, 71-466, 1971 - 2 C.8. 409) Fo 7} isc?. -20 P-t. 1 - X.c By Recording Office 25 , on this, Form 668 w_e Department of the Treasury - Internal Revenue Service (Rev. February 2004) Notice of Federal Tax Lien d t 5?G Area: Serial Number SMAL,74 BUSIN-9SSISELF EMPLOYM AR9A #2 Lien Unit Phone: (goo) 913-605o 458434808 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that tastes (Including Interest and penalties) have Keen assessed AlPhUt the follm %g-named taxpayer. We We made a demand for payment of t[fis Mtbgthr, but it remalm unpaid. IMerefore, there Is a Lien in favor of the United States on all property and rights to property belonging to this Taxpayer for the amount of these taxes, and additional[ penalties, intereO, and ;Costs that may accrue. dame of Taxpayer 4ENNETH R R0i3SH Residence 14 PARADISE DR CARLISLE, PA 17025-9725 For Optional Use by 1 Ck ?2 4oap 1Lr, _ d/.? I,/!V n ^? iM n , ? - F'3 tti cn Unpaid Balance , of Assessment IMPORTANT RELEASE >INVORMATION. For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day tollowin8 such date, operate as a certificate of release as defined in IRC 6325(x). ',Tax Period Date of Last Day for YJnd of Tax Ending Idtatifying Number Assessment Refllng {a} b c d 1040 12/31/2007 l--XX-9812 05/26/2008 06/25/2018 Place of Fiting Prothonotary Cumberland County Carlisle, PA 17013 29336.51 Total I$ 29336.51 This notice was prepared and signed at DETROIT, Ml the 22nd day of July Signature 2008 for JEFF"Y'WHITE , on this, Title REVENUE OFFICER 22-06-1450 (717) 777-9623 x1300 (r'1 t: Certificate of officer authorized by law to take acknowledgment is not essential to the validity or Notice of Fedora( Tax Men Rev. Rul. 71-466, 197t - 2 CA, 409) Exhibit Prepared By: Maia, Slise Return To: Chase Manhattan Mortgage Corp. Att: Document Control, Dept.400, 10790 Rancho Bernardo Rd, San Diego, CA 92127 Parcel Number: [Space Above This Line For Recording i)atal 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 datedsoptember 6, 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 Chose Manhattan mortgage Corp. Lender is a Corporation 1870106921 PENNSYLVANIA - Single Family - Fannie Mea/Frodc% Mac UNIFORM INSTRUMENT Form 3039 1/01 (W-61PA) boos) Pps 1 of 16 M1818: VMP MORTGAGE FORMS • {800)521-7291 BK1771FUG 2891 ROBERT P. ZIEGLER RECORDER OR DEEDS ',.iBERLAND COUNTY-P,% '02 6EP 6 PM 2 10 Exhibit D , organized and existing under the laws of New Jersey lender's address is 343 Thornall Street Zdison, New Jersey 08837 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedseptember 6, 2002 The Note states that Borrower owes Lender Fifty-Three Thousand Nine Rundred Fifty and 00/100ths Dollars (U.S. $53,950.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "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) "Riders" 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]: pqAdjustable',Rate Rider 0 Condominium Rider Second Home Rider a Balloon Rider Planned Unit Development Rider 1-4 Family Rider [] VA Rider Biweekly Payment Rider ® Other(s) [specify] Ascrow Impound Rider (H) "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 Assessments" 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. W "Electronic Funds Transfer" [[[cans any transfer of funds, other than a transaction originated by chock, 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. (K) "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. (W "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" [mans the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 1870106921 Inhials:?n= Oft -81PA) ioooel Pogo z of 1e Form 3039 1101 BK1771FG2892 , f L (O) MESPA" 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) "Succemor 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 couNT7r [type of Reoordins Jurisdiction] of Cumberland [Name of Rccon in: Jurisdiction]: Bas Attached Schedule A which currently has the address of 1437 TRINDLZ RD CARLISLE ("Property Address"): [so-ni [city]. Pennsylvania 3.7013 [Zip code) TOGETHER WITH all the improvements now or hereafter elected 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." 1870106921 < _6(pA) tooosi Page 3 of 14 Form 3039 1/01 BKi771PG2893 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 Principal, Interest, Escrow Itemms, Prepayment Charges, 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 funds 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 Insuument is returned to Lender unpaid, Lender 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 check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instturrtentality, 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 Lender 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, Lender 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 1870106911 iNnw? L L- d ft 4RPAl (oooe) PW* a of 16 Form 3039 1101 BK 177 1 PG2894 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. Fronds for Escrow Items. Borrower shall pay to Larder 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, Foes, and Assessments, if any, be escrowed by Borrower, and such dues, fees 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. Lender 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 Item 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 Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a larder 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 1870106921 -B(PA) (0008) paw s Of i s Form 3038 1101 BK 177 1 PG2895 c 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 bender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary 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; Liens. 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 Lender 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 notice 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 Lender in connection with this Loan. 5. 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 Lender requires 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 term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Fender 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. 1870106921 6(PA) IOOOS) Page 6 of Is Form 3038 1101 6K1771PG2896 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 cost of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursettteat and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender 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. Lender 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 Lender. Lender may make proof of loss if not trade promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, 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 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. Fees 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 a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day 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. Lender 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. 1870106921 GIPw) *008) PWO 7 of 16 Form 3039 1/01 OX1771PG2897 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 circumstances 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 entities 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, Lender 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. 1070106921 idr'OW4404- e(PA) fooosi PqP a of 10 Forme 3038 1/01 BK1771Fv2898 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 Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, 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 cost 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 snaking 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 party 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. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) 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 rrstrIt of these agreements, Leader, 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 amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 1670106911 Qk-6tPAl mos) Pp.9 of IS Form 3039 1/01 BK1771CG2899 (b) Any such agreements will not affed the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act 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 Insurance 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; Forfeiture. 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. Lender 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, Leader 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 Instmment 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 less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are 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 Leader'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 1870106921 InKitlt:? Ct-61PA) mm) pop 10 or Is Fo m 3039 1101 BK 177 1 PG2900 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Leader'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 are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender 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 Lender 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; Co-signers; 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 Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender 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 Leader. 14. Loan Charges. Lender may charge Borrower fees 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' fees, property inspection and valuation fees. 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 any such refund made by direct 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 1870106911 IniW4: / at-GMA) ioooa) a.o. ++ of 10 Fwm 3039 1/01 BK1771PG29©1 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 shall 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 first class mail to Lender's address stated herein 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 Construction. 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 any 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 Beneficial Interest 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 Lender'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, Lender 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 Acceleration. 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 Insure ment. 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 1870106921 h+lwla: /&4- (M-G(PA) ioooe) Page 12 of 1e Form 3038 1101 BK1771FG2902 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 fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security instrument; and (d) takes such action as Lender may reasonably require to assure 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 reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Services; 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 Lender 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 party'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 nest 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 corrective 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. 1870106921 iaa.r (M-6(PA) iooos) Page 13 of 16 Form 3039 1101 6K 177 1 PG2903 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 in 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 and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, 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, any 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 governmental or regulatory authority, or any private party, that any removal or other remediation of any 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 an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (hut not prior to acceleration under Section IS unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cute the default; (c) when the default mud be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall to thar inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Indrrment by judicial proceeding. Leader shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and cods 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 an recordation costs.. 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 sheriffs 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 Alter 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. 1870106921 jefteld if ft,WPA) tooos) Pp. 14 of 15 Forth 3039 1101 6K1771PG2904 l 1 4 IL _ (Seal) -Borrower (Seal) Borrower _ (Seal) -Borrower 1870106921 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. Witnesses: 4ft G(PA) IooofA PON 15 Of Is BK 177 1 PG2905 9" 4 it? - (Seal) XzNNZTE R ROUSE -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Form 3038 1/01 L ` t Certificate of Residence I, , do hereby certify that the correct address of the within-named Mortgagee is 1437 TRnWLB RD CARLISLE, Psansylvaaio 17013 Witness my hand this STE day of Soptembar, 2002 Apm of Mortgagee COMMONWEALTH OF PENNSYLVANIA, 0U,ln6,fXL0N0 County 0: On this, the Gm day of Sraptmmbar, 2002 undersigned officer, personally appeared KzmmTH R ROUSH , before me, the known 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: A Notarial Seal Harold S. Irwin III, Notary Public Cadlsle Boro, Cumberland County My Conan" n Expires Sept. 23.2002 Member, Pennsylvania Association of Notarirrs BK 177 1 PG2906 7 'i Loan # 1670106921 1-4 FAMILY RIDER Assignment of Rents THIS 1-4 FAMILY RIDER is made this 6TH day of September, 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 "Borrower") to secure Borrower's Note to Chase Manhattan Mortgage Corp. (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 1437 TRIMLE RD CARLISLE, Pennsylvania 17013 Propedy Addrea 1-4 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 heating, 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 14 FAMILY RIDER C-6015 (2/00) Pap ? ors (RepIw a 2/98) Form 3170 3M 9Kt771PG2907 w 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 14 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 writing 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 leases and to execute new teases, 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 unconditionally 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-6013 (2100) Page 2 of 4 (Replaces 2199) Farm 3170 3N9 1111 ,,177 1 PG2908 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 (11) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lenders 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: (i) 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 B Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (10) agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lenders agents upon Lenders written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lenders agents shall be applied first to the costs of taking control of and managing the Property and collecting Rents, including, but not limited to, attorney's fees, receivers 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-6015 (2/00) Page 3 of 4 (Replaces 2/98) Fa 3170 3199 BX 177 1 PG2909 I. CROSS-DEFAULT PROVISION, Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any 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. - -&.4d -4 Amkg? 7-1-1-- Borrower MMTH R ROUSH Date BoRVwer Borrower Borrower MULTISTATE 1-4 FAMILY RIDER C-6015 (2/OD) Pap 4 of 4 (Reylrxt 2M) Date Borrower Date Borrower Date Date Borrower Date Date Borrower 0111771PG2910 Date Pant 3170 3199 1870106921 ADJUSTABLE RATE RIDER (LIBOR Indu[ - Rob Caps) THIS ADJUSTABLE RATE RIDER is made this 6TH day of September, 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 "Borrower") to secure Bomower"s Adjustable Rate Note (the "Note") to chase Manhattan Mortgage Corp. (the "Lender") a corporation organized and existing under the laws of Now Jersey of the same date and covering the property described in the Security Instrument and located at: 1437 TRINDLE RD CARLISLE, Pennsylvania 17013 0"Wty Ad&-) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE MONTHLY AND THE E NOTE LIMITS THE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND ITHE 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 Eleven and 375/1000 % 11.375 MULTISTATE LIBOR ARM RIDER BC-67331T (1101) Page 1 of 3 (replaces 2/00) 8K1771PG291.1 4 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 Wall 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 Six and 250/1000 percentage points (6.250 %) 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 I 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 14.375 % or less than 11. 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 1@.375 % and will never be lower than 11.375 %• MULTISTATE LIBOR ARM RIDER SC-6733.LT (1/01) Page 2 of 3 (replaces 2100) BK 177 1 PG2912 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I 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 Adjuttable Rate Rider. Borrower KENNETH R ROUSH Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date MULTISTATE LIBOR ARM RIDER BC-6733.LT (1/01) Page 3 of 3 (replaces 2/00) BK1771PG2913 Date I Certify this to be recorded In Cumberland County PA Pry-` .?<&? =r pf?; Recorder of Deeds . RECEIVED'` SEP 2 3 2002 DOCUMENT CONTROL: "1/ u.. FILE "Ry T THE 2009 JUL 27 AM lip: 56 €'EN,'N4,YL A, .:IA # ? ?,?? Cis ? u?/-? 9 p ? j 4/0- Sheriffs Office of Cumberland County R Thomas Kline C!F T?;r P i' ,RY Sheriff fl?„ltv ?t ?ratrGf?,,??? Ronny R Anderson 2009 ,BUG -6 AN 9: 28 Chief Deputy { "< Jody S Smith ±± G ir,._J'y 4 s` Civil Process Sergeant OFF IQE OF THE '4ERIFr Edward L Schorpp Solicitor Citibank, NA vs. Case Number Kenneth R. Roush 2009-5096 SHERIFF'S RETURN OF SERVICE 07/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: United States of America c/o United States Attorney for the Middle District of Pennsylvania, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/30/2009 10:40 AM - Dauphin County Return: And now July 30, 2009 at 1040 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: United States of America by making known unto Susan Melendez, adult in charge at Federal Building, 228 Walnut Street Harrisburg, PA 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/01/2009 07:45 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2009 at 0745 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 owns property at 1437 Trindle Road Carlisle, PA 17013 but lives at 14 Paradise Drive Carlisle, PA 17013. 08/01/2009 07:45 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2009 at 0745 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. SHERIFF COST: $79.80 SO ANSWERS, 4!000'?' OO&? August 04, 2009 R TWO-09t'KLINE, SHERIFF /4p(..ey Sheriff tt of th e ' Slivrif Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CITIBANK N.A. ET AL VS UNITED STATES OF AMERICA Sheriff s Return No. 2009-T-2131 OTHER COUNTY NO. 20095096 And now: JULY 30, 2009 at 10:40:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FEDERAL BLDG 228 WALNUT STREET HBG PA 17108 ADMIN. ASSISTANT Sworn and subscribed to before me this 31 ST day of July, 2009 A7??-A/ NOTARIAL SEA; ARY JANE SNYDER, Notary Puoiic Highsp:re, Dauphin Country [My Commission Ex itec Set 1, 2010 So Answers, X?7 Sheriff of Dauphin County, Pa. r - 6 P?- , By - Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: 9541.25 7/29/2009 r In The Court of Common Pleas of Cumberland County, Pennsylvania Citibank N.A. as Trustee for Chase 02-4 VS. United States of America c/o United States Attorney for the Middle District of PA Federal Building, 228 Walnut Street, P.O. BOX 11754 Harrisburg, PA 17108 Civil No. 2009-5096 Now, July 28, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of ,20_ COSTS SERVICE_ MILEAGE_ AFFIDAVIT County, PA 20 , at O'clock M, served the LA 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 02-4 Plaintiff V. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-5096 civil term Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Kenneth R Roush in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: $ 63,887.15 $ 2,122.20 $ 66,009.35 l / TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this 1&? day of NV. 2009, Judgment is entered in favor of Plaintiff, Citibank N.A. As Trustee For Chase 024, and against Defendants, Kenneth R Roush, and damages are assessed in the amount of $66,009.35, plus interest and costs. Principal Interest from 05/07/09 to 09/14/09 Total BY T E PRO OT Y: As Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Number 09-5096 civil term Defendants 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 024 Plaintiff Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Kenneth R Roush„ is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Kenneth R Roush, Kenneth R Roush, is over eighteen (18) years of age, and reside as follows: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17015 SWORN AND SUBSCRIBED BEFORE ME THIS 140 _ DAY OFD/ September-, 2009 TE NCE J. MCCABE, QUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff AL 5 EAL Carrie John n - NotaryPublic City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JUNE 11, 2013 a J McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD A 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 02-4 Plaintiff V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-5096 civil term CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant, Kenneth R Roush that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit „A" SWORN AND SUBSCRIBED BEFORE ME THIS -14" DAY OFSetember_, 2009 (VhL N44M(?- NOTARYPUBL COMMONWEALTH F PENN5YLYANIA ENOTARIAL SEAL n-Notary Public , Philadelphia County XPIRES JUNE 11, 2013 TERREN E J. MCCABE, E QUIRE MARC S. WEISBERG, ESQUIRE EDWARD A CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 4 s. VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENC'E J. McCABE, E QUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ? Ujl y OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary August 21, 2009 1111111101 s To: Kenneth R Roush T-,Fhb't A 14 Paradise Drive Carlisle, Pennsylvania 17015 Citibank N.A. As Trustee For Chase 02-4 VS. Kenneth R Roush UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Cumberland County Court of Common Pleas Number 09-5096 civil term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATI: OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIIOU r A HEARINGAND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT --- _?R-...._.._._ HIRIN A LAWYER. __.._ .?._ IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAOENCMSS THAT MAYOFFER 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 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCR1To CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECES'IDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALOUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENBS U OTROS DERECHOSIMPORTANTES. USTED LE 13 ADS .....- INMEDIATAMENTE. SI USTED NO 71ENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEOIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P y Ia 17 OT "I (800) -9108 BY: _ Attorneys for Plaintiff TERRENCE J. MXABE, ES MARC S. WEISBERG, ES EDWARD D. CONWAY, QUIRE MARGARET GAIRO, QUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE OF TAE P"! I n- ',iDTAFY 2009 SL P 16 Ph "i : 2 5 414. oo Po Airy ek'N 7446a P-T*a3o(oloo No-ka Pw-Ltd OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17015 Citibank N.A. As Trustee For Chase 024 COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Kenneth R Roush and UNITED STATES OF No. 09-5096 civil term AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has bee ntered in the above proceeding as indicated below. othono? X Judgment by Default - Money Judgment V1 to/o ef - Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Citibank N.A. as Trustee For Chase 02-4 V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania FILE NO.: 09-5096 civil term Civil Term AMOUNT DUE: $66,009.35 INTEREST: from 09/15/09 TO 12/8/20100" d $4,882.50 at $10.85 ATTY'S COMM.: m Z COSTS: s CA TO THE PROTHONOTARY OF SAID COURT: Y krantTd The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or unt-- based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pAct 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) 1437 Trindle Road, 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: 714od)o *a4.50 pD A-my W-8o e8F 78.5p 14.00 a.5o M */9? Y0 - Pb Arty $a.00 "(2e .so U C la t &0'7 P,* ,248W RE. tat4 1&wd AY -n ?l ?t r+uviucy 1VI. r1dHI 111 Telephone: (215) 790 1010 Supreme Court ID No. LEGAL DESCRIPTION ALL THOSE CERTAIN TRACTS OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: ON THE SOUTH BY THE TRINDLE SPRING ROAD; ON THE WEST BY LOT NO. 19 ON THE HEREINAFTER MENTIONED REVISED PLAN OF LOTS; ON THE NORTH BY LOT NO. 106 ON SAID PLAN; AND ON THE EAST BY LOT NO. 21 ON SAID PLAN. BEING 50 FEET IN FRONT OF THE TRINDLE SPRING ROAD AND EXTENDING IN DEPTH AT AN EVEN WIDTH FROM THE CENTERLINE OF SAID ROAD 225 FEET, MORE OR LESS. BEING LOT NO. 20 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICE AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK 3, PAGE 103. TRACT NO. 2: ALL THAT CERTAIN 50 FOOT STRIP BEING THE EASTERN PART OF LOT NO. 106 AND THE WESTERN LINE OF WHICH IS PARALLEL TO PROSPECT ROAD AND IS 79 FEET, MORE OR LESS, AND THE EASTERN WHICH IS 86 FEET, MORE OR LESS, BEING ALONG LOTS NOS. 143 AND 144. BEING THE EASTERN 50 FEET OF LOT NO. 106 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 3, PAGE 103. BEING PARCEL NO. 21-22-0119-068 BEING KNOWN AS 1437 Trindle Road, Carlisle, Pennsylvania 17013. BEING the same premises which ROBERT E. ROUSH, JR., BARRY L. ROUSH, FAYE A. SHEAFFER, PATRICIA J. SMIT by deed dated August 28, 2002 and recorded September 6, 2002 in the office of the Recorder in and for Cumberland County in Deed Book 253, Page 2509, granted and conveyed to Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania in fee. Sep 17 10 01:48p p.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DVIISION Citibank N.A. as Trustee For Chase 02-4 V. FILE NO.: 09-5096 civil term Civil Term AMOUNT DUE: $66,009.35 Kenneth R Roush INTEREST: from 09/15/09 TO 12/8/2010 S4,882.50 at $10.85 ATTY'S COMM.: 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. 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) 1437 Trindle Road. Carli:.le. Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLANE 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 gamishee(s). (Indicate) Index this writ against the garnishee(s) ;is a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: September 17, 2010 Signatire: G Print Name: ABE, WEI ERG AND CO; Addre,;s:123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorn:y for: Plaintiff Telepl.one: (215) 790 1010 Supreme Court ID No. Sep 17 11^ C1:47p TERRLNCL• 1• M(;CABC"' MARC S. WEISBERG" EDWARD D. CON WAY MARGARET CAIRO ' LISA L. WALLACE+f DEBORAH K.CURRANt- LAURA H.G O'SULLIVANt• GAYL C. SPIVAK*- FRANK DUBIN'• ANDREW L. MARKOWITZ'•' HEIDI R SPIVAK* SCOTT TAGGART• MARISA COHEN' KATHERME SANTANGJNT- JASON BROOKSt STEPHANIE H. HURLEY-- DLWN GREEN< MATTHEW CONNOR* FAITH MIROS < ERIN BRADY •• AARON NEAL•• KEVIN T 1N000AIL ••' Gamed in PA • liamad in PA&NI •• {.lamed in PA & NY LKC .1 u NY ^^ L-wd in N7 Uanmd in PA & WA ••• L.k,.d in PA, NJ & NY } Uansod iP NY & Cr U,, wintw&nC .. Liansnd is MD « Mana`int Annmq for NY ! M:Imgin6 M10-Y tarMD M_,p g Att-), tm NJ Li-.d n, VA L-mdin LTh NJ LAW OFFICES McCABE, WEISBERC & CONWAY, P.C. SUITE 2180 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 7'10-1274 FACSIMILE COV1:R LETTER DATE: September 17. 2010 p.1 SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 499 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connccticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, M D 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia and Virginia RE: Kenneth R Roush and UNITED STATES OFAMERICA c/o United States Attorney for the Middle District of Pennsylvania Cumberland County, No. 09-5096 civil le .:-m Premises: 1437 Trindle Road, Carlisle, Pennsylvania 17013 FAX NO: 717/240-6573 TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 2 MESSAGE: Enclosed please find copy of the revised praecipe for execution..per your request. Very truly yours, 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 02-4 Plaintiff V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-5096 civil term AFFIDAVIT PURSUANT TO RULE 3129 m S> G? w ? 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: 1437 Trindle Road, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17015 2. Name and address of Defendants in the judgment: Name Kenneth R Roush Address 14 Paradise Drive Carlisle, Pennsylvania 17015 UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania United States of America Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 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 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. 5. 6 Name Plaintiff herein Pennsylvania Department of Revenue Bureau of Compliance Jeffrey L. Sheaffer, Jr. Address P.O. Box 280947 Harrisburg, Pennsylvania 17128-0947 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050-1707 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Name and address of every other person who has any record lien on the property: Name None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name none Address Address Address 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 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 Address 1437 Trindle Road Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8' 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 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice 8. Name and address of Attorney of record: Name none 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 P.O. Box 320 Carlisle, PA 17013 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 U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20530 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20530 Address 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 giiWc subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 14, 2010 ,0ERRENCE J. Mc BE, ES I DATE MARC S. WEISB G, ES SQUIRI II EDWARD D. CO , MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THOSE CERTAIN TRACTS OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY,. CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: ON THE SOUTH BY THE TRINDLE SPRING ROAD; ON THE WEST BY LOT NO. 19 ON THE HEREINAFTER MENTIONED REVISED PLAN OF LOTS; ON THE NORTH BY LOT NO. 106 ON SAID PLAN; AND ON THE EAST BY LOT NO. 21 ON SAID PLAN. BEING 50 FEET IN FRONT OF THE TRINDLE SPRING ROAD AND EXTENDING IN DEPTH AT AN EVEN WIDTH FROM THE CENTERLINE OF SAID ROAD 225 FEET, 141( )w: OR LESS. BEING LOT NO. 20 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICE AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK 3, PAGE ! ??C. TRACT NO. 2: ALL THAT CERTAIN 50 FOOT STRIP BEING THE EASTERN PART OF LOT NO. 106 AND THE W LINE OF WHICH IS PARALLEL TO PROSPECT ROAD AND IS 79 FEET, MORE OR LESS, AND _x EASTERN WHICH IS 86 FEET, MORE OR LESS, BEING ALONG LOTS NOS. 143 AND 144. BEING THE EASTERN 50 FEET OF LOT NO. 106 ON THE DALE FETROW REVISED PLAN OF LOT',' WHICH SAID PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOP CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 3, PAGE 103. BEING PARCEL NO. 21-22-0119-068 BEING KNOWN AS 1437 Trindle Road, Carlisle, Pennsylvania 17013 BEING the same premises which ROBERT E. ROUSH, JR., BARRY L. ROUSH, FAYE A. SHEAFFER. PATRICIA J. SMIT by deed dated August 28, 2002 and recorded September 6, 2002 in the office of the R; a and for Cumberland County in Deed Book 253, Page 2509, granted and conveyed to Kenneth R Roush a STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania in fee. EXHj 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 "15) 790-1010 Citibank N.A. as Trustee For Chase 02-4 Plaintiff V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-5096 civil term ° . 3 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17015 SWORN AND SUBSCRIBED BEFORE ME "THIS DAY OF 2010 TER#ENCE J. McCABE MARC S. WEISBERG EDWARD D. CONW Y, MARGARET GAIRO, Attorneys for Plaintiff NOTARY PUBLIC 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 CIVIL ACTION LAW Citibank N.A. as Trustee For Chase 024 V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-5096 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY rn To: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17015 Your house (real estate) at 1437 Trindle Road, Carlisle, Pennsylvania 17013 is scheduro be sold at Sheriffs Sale on December 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located a 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enfore court judgment of $66,009.35 obtained by Citibank N.A. as Trustee For Chase 02-4 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: The sale will be canceled if you pay to Citibank N.A. as Trustee For Chase 021ck payments, late charges, costs, and reasonable attorney's fees due. To find out -h you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 79( 2. You may be able to stop the sale by filing a petition asking the Court to strikdhe judgment, if the judgment was improperly entered. You may also ask the Cotpone the sale for good cause. 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 chancdve of stopping the sale. (See the following notice on how to obtain an attorney.) T 1 , . 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. 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 THOSE CERTAIN TRACTS OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTN' (.* CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBLO AS FOLLOWS, TO WIT: TRACT NO. 1: ON THE SOUTH BY THE TRINDLE SPRING ROAD; ON THE WEST BY LOT NO. 19 ON THE HEREINAFTER MENTIONED REVISED PLAN OF LOTS; ON THE NORTH BY LOT NO. 106 ON SAID PLAN; AND ON THE EAST BY LOT NO. 21 ON SAID PLAN. BEING 50 FEET IN FRONT OF THE TRINDLE SPRING ROAD AND l; EXTENDING IN DEPTH AT AN EVEN WIDTH FROM THE CENTERLINE OF SAID ROAD 225 FEET, M02,,, OR LESS. BEING LOT NO. 20 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICE AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK 3, PAGE TRACT NO. 2: ALL THAT CERTAIN 50 FOOT STRIP BEING THE EASTERN PART OF LOT NO. 106 AND THE W 1 ; LINE OF WHICH IS PARALLEL TO PROSPECT ROAD AND IS 79 FEET, MORE OR LESS, AND ; r r EASTERN WHICH IS 86 FEET, MORE OR LESS, BEING ALONG LOTS NOS. 143 AND 144. BEING THE EASTERN 50 FEET OF LOT NO. 106 ON THE DALE FETROW REVISED PLAN OF LOTS. WHICH SAID PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 3, PAGE 103. BEING PARCEL NO. 21-22-01 19-068 BEING KNOWN AS 1437 Trindle Road, Carlisle, Pennsylvania 17013. BEING the same premises which ROBERT E. ROUSH, JR., BARRY L. ROUSH, FAYE A. SHEAFFER, PATRICIA J. SMIT by deed dated August 28, 2002 and recorded September 6, 2002 in the office of the <.: and for Cumberland County in Deed Book 253; Page 2509, granted and conveyed to Kenneth R Roush awl STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5096 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 02-4, Plaintiff (s) From KENNETH R. ROUSH and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania (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 $66,009.35 L.L. $.50 Interest from 9/15/09 to 12/8/10 at $10.85 -- $4,882.50 Atty's Comm % Due Prothy $2.00 Atty Paid $197.30 Other Costs Plaintiff Paid Date: 9/15/10 vid D. Buell, Prothonotary (Seal) By: REQUESTING PARTY: Name: EDWARD D. CONWAY, ESQUIRE Address: McCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Deputy Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34687 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 02-G Plaintiff v. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-5096 civil term AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 7 c ` ~ _ v ~ ~~ ~ ~~ ~ ct~ ~o ~p ~ s~ , ~o -!. ~ -'U ~7 w1 ~,. O C :~ `~ ':: c."7 --3 ~ ~ -ri 'e- ~ ~ ' day of `' October, 2010, 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 the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS ~7 DAY OF C~c l~obP,r- , 2010 ~. TI-^ i TARY 1~LYBLIC C6'~hiP~IC1NV1/EALTH O~ PENNSYLVANIA J. McCABE, MARC S. WEISBER EDWARD D. CO AY, MARGARET GA Attorneys for Plaintiff NOTARIAL SEAL STACEY M. O'CONNELL, Notary Public City of Philadelphia, Phil&. Cdunry _____~Y CnerEr~iSSionF~tirES~,lu1~~.2R12_. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 1b496 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 Citibank N.A. as Trustee For Chase 02-4 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. NO: 09-5096 civil term Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants 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: 1437 Trindle Road, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit ..A ~~ 1. Name and address of Owners or Reputed Ovmers Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsy{vania 17015 2. Name and address of Defendants in the judgment: Name Kenneth R Roush Address 14 Paradise Drive Carlisle, Pennsylvania 17015 UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania United States of America Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania i 7 i 08 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 3l 1 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 3. 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 Address Pennsylvania Department of Revenue P.O. Box 280947 Bureau of Compliance Harrisburg, Pennsylvania 17128-0947 Jeffrey L. Sheaffer, Ir. 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050-1707 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. 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 none 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Address 1437 Trindle Road Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tex Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 110 North 8's Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 171 OS-8486 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice 8. Name and address of Attorney of record: Name none Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 1712$-1230 ATTN: SherifT's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3254 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 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 Harrisbwg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U. S. Dept. of Justice, Rm. S 111 Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20530 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20530 Address 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 rr a subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. September 14.2010 ~tRENCE J. Me BE, ES 1 DATE MARC S. WEISB G, ES EDWARD D. CO QUIZ MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff 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 02-4 Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Number 09-5096 civil term Defendants DATE: October 7, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Kenneth R Roush and UNITED STATES OF AMERICA c!o United States Attorney for the Middle District of Pennsylvania PROPERTY: 1437 Trindle Road, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 8, 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.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. 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RD ~~ ~ O '^''~ ~ f~i' ~ ~ ~ p e c~i~ ~ w ~ d 'D3 ~ ` A p. `T ~3 tS. ~'•- ~ ~' m A CA ~ O W t ~ ~ ~ n .,. ~ ~ ~~ ~ ~ e o n ~ ~ a ~ ~ ~ ~'~ ~jp ". C A C ~ • A ~ N .b ~ ~p A O ~ ~ O W -r r p O O '~ < C `y' ~ ~ ,~ ~e e e O M 7. ~ f~9 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 3 Citibank N.A. As Trustee For Chase 02-4 Plaintiff V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants rn CUMBERLAND COUNTY <: COURT OF COMMON PLEASi) r? No. 09-5096 civil term o ? rn r ?rn r 4? t? ?- ? c CO N ?m Previously assigned: J. Masland MOTION TO ADJOURN SHERIFF'S SALE Plaintiff, Citibank N.A. As Trustee For Chase 02-4, by and through its attorney, Terrence J. McCabe, Esquire, moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for April 6, 2011 and avers as follows: I • Plaintiff flied a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 1437 Trindle Road, Carlisle, Pennsylvania 17013 for Sheriffs Sale originally scheduled for December 8, 2010. 2. Plaintiffhas postponed the Sheriffs Sale to the full extent permitted, and is now requesting that the sale currently scheduled for April 6, 2011 be postponed further until June 1, 2011 as lender has placed a moratorium on all Sheriffs sales. 3. Plaintiff has complied with all the pertinent statutory and procedural rules of court 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. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 1437 Trindle Road, Carlisle, Pennsylvania 17013 to the June 1, 2011 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 for an announcement be made at the sale currently scheduled for April 6, 2011. McCABE, WEISBERG AND CONWAY, PC BY. Terrence J. McC be, Esquire Attor y for P i f Matt ew J. Es a an, Esquire Local Counsel McCABE, WEISBERG AND CONWAY, P.C. BY: TERR.ENCE J. McCABE, ESQUIRE - ID 4 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank N.A. As Trustee For Chase 02-4 Plaintiff V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-5096 civil term MEMORANDUM O FLAW Plaintiff requested that the Sheriff Sale originally scheduled for December 8, 2010 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriff Sale set for April 6, 2011 be adjourned to June 1, 2011 as lender has placed a moratorium on all Sheriffs sales. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriffs 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 property known as 1437 Trindle Road, Carlisle, Pennsylvania 17013 be adjourned to the June 1, 2011 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 6, 2011. McCABE, WEISBERG AND CO NWAY PC BY, .. Terrence J. McCabe, Esquire Attorney for Plai tiff t Matthew . Eshefman, Esquire Local Counsel VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he 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 knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 .PA.C.S. §4404 relating to unsworn falsification to authorities. MrCAt3H, W?+ISl FR( AND CONWAY, I'C BY: Terrence J. McCabe, Esquire Attorney for Plaintiff . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID 4 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank N.A. As Trustee For Chase 02-4 Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania No. 09-5096 civil term Defendants CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion To Postpone Sheriff Sale, by United States Mail, first class, postage prepaid, on the 29th day of March, 2011, upon the following: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania, 17015 t jNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania, 17108 McCABE, WEISBERG AND CONWAY, PC T- errence J. McCabe, Esquire Attorney for Plaintiff s OF THE FILED-OFFICE 2011 APR -4 AM It: 44 CUMBERLAND COUNTY PENNSYLVANIA BY THE COURT: J. Distribution: `Terrence McCabe, Esq., 123 S. Broad, Ste 2080, Phila, PA 19109 ?? ll ./Kenneth Roush, 14 Paradise Dr., Carlisle, PA 17013 ?(l?g Sherif f.' s of f ice, Cumberland County -in bin Citibank N.A. As Trustee For Chase 02-4 Plaintiff V. Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-5096 civil term Previously assigned: J. Masland ORDER AND NOW, this day of 14`rt , 2011, upon consideration of Plaintiffs :Motion to Adjourn the Sheriff s Sale currently scheduled in the above-captioned matter for April 6, 2011, it is hereby ORDERED that the Sheriffs Sale of the property known as 1437 Trindle Road, Carlisle, Pennsylvania 17013 is adjourned to the June 1, 2011 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f=;- ';1-'�" Sheriff r I tT �'r0 t rat( Jody S Smith s Chief Deputy 2 ,13 141A Y -7 k" : Richard W Stewart CUMBERLAND COUNTY Solicitor OFF CE OF THE 5!"ERIFF PENNSYLVANIA Citibank, NA(et al.) Case Number vs. 2009-5096 Kenneth R. Roush (et al.) SHERIFF'S RETURN OF SERVICE 01/04/2013 03:18 PM -Deputy William Cline, 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 1437 Trindle Road, Carlisle, PA 17013, Cumberland County. 03/06/2013 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, Carlisle, Cumberland County, Pennsylvania on March 06, 2013 at 10:00 AM. He sold the same for the sum of$85,000.00 to Barry L. Hamilton, of 644 ValleyView Drive, Boiling Springs, PA 17007, being the buyer in this execution, paid to the Sheriff the sum of$ 03/22/2013 Per Barry Hamilton, at 11:45 a.m. on 3/22/13, he being the purchaser on 3/6/13 stated that he will forfeit his 10%downpayment of: $8,500.00 and was informed that property would be re-sold on 3/27/13. cab. 03/27/2013 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 Sheriffs Office, Room 303, Cumberland County Courthouse, 1 Courthouse Square, Carilsle, Pa, Cumberland County, on March 27, 2013 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Nathan Wolf, on behalf of the Bank of CITIBANK, N.A., being the buyer in this execution, paid to the Sheriff the sum of$ 04/04/2013 Proposed Schedule Of Distribution Posted 04/18/2013 Distribution of Schedule as Proposed SHERIFF COST: $2,020.31 SO ANSWERS, April 18, 2013 RONKY R ANDERSON, SHERIFF v- 'gyp pd, Oct ic!CcruntySuite Sheriff:7eiersoft,Inc. PROPOSED SCHEDULE OF DISTRIBUTION Date Filed: April 4, 2013 Writ No. 2009-5096 Civil Term Citibank N.A. As Trustee for Chase 02-4 Vs Kenneth R. Roush and United States of America, c/o United States Attorney for the Middle District of Pennsylvania Sale Date: March 27, 2013 Buyer: Citibank N.A. As Trustee for Chase 02-4 Real Debt: $ 66,009.35 Interest 13,768.65 Atty Paid 1,177.25 Total: $ 80,955.25 DISTRIBUTION: Receipts: Cash on Account (12/11/2012): $ 1,500.00 Cash on Account (03/06/2013): 8,500.00 Total Receipts: $ 10,000.00 Disbursements: Sheriffs Costs $ 1,420.31 Legal Search 600.00 Frank Roberto, Middlesex Twp Tax Collector (Spring 2013 Taxes) 401.65 Middlesex Township (Sewer/Water) Attorney Marc Weisberg 1 500.00 Citibank N.A., As Trustee for Chase 02-4 6,078.04 Total Disbursements: ($10,000,00) Balance for distribution: 00.00 So Answers: > e :. ' onny R.Anderson Sheriff 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 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 215 790-1010 Citibank N.A.As Trustee For Chase 024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 09-5096 civil term Kenneth R.Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants 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: 1437 Trindle Road,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 Owners or Reputed Owners Name Address Kenneth R Roush 14 Paradise Drive Carlisle,PA 17015 UNITED STATES OF AMERICA Federal Building c/o United States Attorney for the 228 Walnut Street,P.O.Box 11754 Middle District of Pennsylvania Harrisburg,PA 17108 UNITED STATES OF AMERICA United States Department of Justice Attorney General of the United States 10`h and Constitution Avenues Northwest,Rm. 4400 Washington,DC 20530 2. Name and address of Defendants in the judgment: Name Address Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17015 UNITED STATES OF AMERICA Federal Building c/o United States Attorney for the 228 Walnut Street,P.O. Box 11754 Middle District of Pennsylvania Harrisburg,PA 17108 UNITED STATES OF AMERICA United States Department of Justice Attorney General of the United States 10`h and Constitution Avenues Northwest,Rm. 4400 Washington,DC 20530 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 Plaintiff herein Pennsylvania Department of Revenue 333 Walnut Street Bureau of Compliance Harrisburg,Pennsylvania 17128 Pennsylvania Department of Revenue P.O.Box 280947 Bureau of Compliance Harrisburg,Pennsylvania 17128-0947 Jeffrey L. Sheaffer,Jr. 6601 Carlisle Pike Mechanicsburg,Pennsylvania 17050-1707 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. 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 none 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1437 Trindle Road 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 8"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: Sheriff's 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 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,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o 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 sect to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsificationautities. / u Ll [ }Terr !.McC ,"Esquire DATE [ )Edward D.Conway,Esquire [ )Andrew L.Markowitz,Esquire [ j Heidi R.Spivak,Esquire [ ]Brian T.LaManna,Esquire [ j Kevin T.McQuail,Esquire ( j Marc S.Weisberg,Esquire [ ]Margaret Gairo,Esquire P 3oseph F.Riga,Esquire ( ]Marisa J.Cohen,Esquire [ ]Ann E.Swartz,Esquire [ )Christine L.Graham,Esquire Attorneys 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 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 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW Citibank N.A.As Trustee For Chase 02-4 COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Kenneth R.Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle Number 09-5096 civil term District of Pennsylvania NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kenneth R Roush 14 Paradise Drive Carlisle,Pennsylvania 17015 Your house(real estate)at 1437 Trindle Road,Carlisle,Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on March 6,2013 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 to enforce the court judgment of$66,009.35 obtained by Citibank N.A.As Trustee For Chase 024 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 02-4 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 LEGAL DESCRIPTION ALL THOSE CERTAIN TRACTS OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX,COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: TRACT NO. 1: ON THE SOUTH BY THE TRINDLE SPRING ROAD;ON THE WEST BY LOT NO. 19 ON THE HEREINAFTER MENTIONED REVISED PLAN OF LOTS;ON THE NORTH BY LOT NO. 106 ON SAID PLAN;AND ON THE EAST BY LOT NO.21 ON SAID PLAN.BEING 50 FEET IN FRONT OF THE TRINDLE SPRING ROAD AND EXTENDING IN DEPTH AT AN EVEN WIDTH FROM THE CENTERLINE OF SAID ROAD 225 FEET,MORE OR LESS. BEING LOT NO.20 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICE AT CARLISLE,PENNSYLVANIA, IN PLAN BOOK 3,PAGE 103. TRACT NO.2: ALL THAT CERTAIN 50 FOOT STRIP BEING THE EASTERN PART OF LOT NO. 106 AND THE WESTERN LINE OF WHICH IS PARALLEL TO PROSPECT ROAD AND IS 79 FEET,MORE OR LESS,AND THE EASTERN WHICH IS 86 FEET,MORE OR LESS,BEING ALONG LOTS NOS. 143 AND 144. BEING THE EASTERN 50 FEET OF LOT NO. 106 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA,IN PLAN BOOK 3,PAGE 103. PARCEL NO.21-22-0119-068 RB5678 1437 Trindle Road,Carlisle,Pennsylvania 17013. i) l4 A BEING the same premises which ROBERT E. ROUSH,JR.,BARRY L. ROUSH,FAYE A. SHEAFFER, PATRICIA J. SMIT by deed dated August 28,2002 and recorded September 6,2002 in the office of the Recorder in and for Cumberland County in Deed Book 253,Page 2509,granted and conveyed to Kenneth R.Roush in fee. TAX MAP PARCEL NUMBER: 21-22-0119-068 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-5096 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 02-4 Plaintiff(s) From KENNETH R.ROUSH AND UNITED STATES OF AMERICA C/O UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PENNSYLVANIA (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: $66,009.35 LL Interest FROM 9/15/09 TO 3/6/13-$13,768.65 AT$10.85 Atty's Comm: Due Prothy:$2.25 Atty Paid: $1,177.25 Other Costs: PIaintiff Paid: Date: 12/5/12 - David D.Buell, Prothonotary (Seal) $v:� D.:n /> Deputy REQUESTING PARTY: Name: JOSEPH F.RIGA,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S. BROAD STREET,SUITE 2080 PHILADELPHIA,PA 19109 TRUE COPY FROM RECORD Attorney for: PLAINTIFF in Testimony whereof,I here unto set my hand and the seal of said Cou t Carlisle,Pa. Telephone: 215-790-1010 This—day of p 4.- ,20 Supreme Court ID No. Prot onotary J On December 1 1, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known` and numbered as, 1437 Trindle Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 11, 2012 By: Real Estate Coordinator S 9- 33-30 ZIOZ CUMBERLAND LAW JOURNAL Writ No. 2009-5096 Civil ROUSH,FAYE A.SHEAFFER,PATRI- CIA J. SMIT by deed dated August Citibank,NA 28,2002 and recorded September 6, VS. 2002 in the office of the Recorder in Kenneth R.Roush and for Cumberland County in Deed United States of America Book 253, Page 2509, granted and Atty.: Marc Weisberg conveyed to Kenneth R.Roush in fee. ALL THOSE CERTAIN tracts of TAX MAP PARCEL NUMBER:21- ground situate in the Township of 22-0119-068. Middlesex, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows,to wit: TRACT NO. 1: ON the South by the Trindle Spring Road; on the West by Lot No. 19 on the hereinafter mentioned revised Plan of Lots; on the North by Lot No. 106 on said plan;and on the East by Lot No. 21 on said plan. Being 50 feet in front of the Trindle Spring Road and extending in depth at an even width from the centerline of said road 225 feet, more or less being Lot No. 20 on the Dale Fetrow Revised Plan of Lots,which said plan is recorded in the Recorder's Office at Carlisle,Pennsylvania,in Plan Book 3,Page 103. TRACT NO. 2: ALL THAT CERTAIN 50 foot strip being the easternn part of Lot No. 106 and the western line of which is par- allel to Prospect Road and is 79 feet, more or less,and the eastern which is 86 feet,more or less, being along Lots Nos 143 and 144. BEING the eastern 50 feet of Lot No. 106 on the Dale Fetrow Revised Plan of Lots, which said plan is re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Plan Book 3,Page 103. PARCEL NO.21-22-01 19-068. RB5678 1437 Trindle Road,Car- lisle,Pennsylvania 17013. BEING the same premises which ROBERT E. ROUSH,JR.,BARRY L. 94 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: January 25, February 1, and February 8, 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. �fisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 8 dav of Februar 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 f 20094M OW Ys Kenneth Ff.Rowi3h Unftd SbMns of America A#ty- Mot Webberg ALL THOSE CERTAIN 'TRACTS OF GROUND SITUATE IN THE TOWNSHIP OF.. MIDDLESEXX, COUNTY OF CUMBERLAND AND STATE OF PENNSYL-VANIA,MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT. TRACT NO.1: ' ON THE SOUTH BY THE TRINpLE 5PRI4G ROAD;ON THE WEST BY TAT NO.19 ON THE HEREINAFTER MENTIONED REVISED PLAN OF LOTS; ON THE NORTH BY LOT NO. 106 ON SAID PLAN; AND ON THE EAST BY LOT NO.21 ON SAID PLAN. BEING 50 FEET IN FRONT OF THE TRINDLE SPRING ROAD AND ING IN DEPTH AT AN EVEN FROM.THE CENTERLINE OF SAID ROAD 225 FELT MORE OR JA&IBEING LOT NO. 20 ON ilJpW FETROW REVISED PLAN`, `IOM WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICEAT CARLISLE, PENNSYLVANIA,IN PLAN BOOK 3, PAGE 103 j TRACT NO..2: ` ALL THAT CEREN FOOT STRIP BEING TLIE PART OF LOT N0:106 AND THE Wi1,Sl'ERN L INNE OF WHICH IS PARALLEL TO PROSPECT ROAD AND IS 79 R=MORE OR LESS, AND THE EASTERN WHICH IS 86 FEET;MORE OR LESS;BEING ALONG LOT'S NOS 143 AND 144. BEING THE EASTERN 50 FEET OF LO T'NO.106 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE OFFICE OF THE :RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA,IN PLAN BOOK 3,PAGE 103: PARCEL NO:21-22-0119-068 RB5678 1437`Itindle Road, Carlisle, Pennsylvania 17013. BEING the same premises which ROBERT E. ROUSH, JR., BARRY L. ROUSII, FAYE X SHEaAFFER, PATRICIA J.SMTT by deed dated August 28,2002 and recorded September 6,2002 in the office of the Recorder in and for Cumberland County m Deed B6ok 253, Page 2,509, granted and bomeyed to Kenneth R.Roush in fee. TAX MAP PARCEL NUMBER:21-22- 0119-068. - The Patriot-News Co. 2020 T,echnplogy Pkwy 14e atr1*otwXtws Suite 300 Mechanicsburg, PA 17050 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 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 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. PUBLICATION COPY This ad ran on the date{s}shown bellow: 01/22/13 01/29/13 02/05/13 Sworn to anq subscribed before 14 d y of February 2013 A.D. me N P is COMMON LTH OF P NSYLVANIA Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County Comrnlssion Ex Ir S Dec.12,2016 MEMBER,PENNSYLVANIA ASSpCiA—C}F Nt}TARIE' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Citibank N.A. as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates Series 2002-4 is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 5th day of December,A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 5096, at the suit of Citibank N.A. as Trustee for Chase 02-4 against Kenneth R. Rough and United States of America is duly recorded as Instrument Number 201314815. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 4- day of A.D. x,70 r� Recorder of Deeds Retmrder oP C.�miberland(burry,Cadlsle,PA t«iy Corsuziiss ��[st I�+laa�t�,�.24t4 McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 CITIBANK, N.A., As Trustee for Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-4 v. KENNETH R. ROUSH Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-5096 Civil Term PETITION UNDER RULE 3132 PA. R. C. P. TO VACATE AND SET ASIDE SHERIFF'S SALE OF REAL PROPERTY AND DEED RESULTING FROM SALE Plaintiff, CITIBANK, N.A., As Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002-4, (hereinafter "CITIBANK"), by and through its attorneys, McCabe, Weisberg & Conway, P.C., hereby petitions this Honorable Court, pursuant to Rule 3132 of the Pennsylvania Rules of Civil Procedure, to vacate and set aside the sheriff's sale of the real property located at 1437 Trindle Road, Carlisle, Pennsylvania 17015("the property") and the sheriff's deed resulting from such sale. In support thereof, Plaintiff avers as follows: 1. Plaintiff, CITIBANK, is the current holder of the mortgage which is the subject of this action, as originally delivered by mortgagor, KENNETH R. ROUSH, to CHASE MANHATTAN MORTGAGE CORPORATION on September 6, 2002. 2. The premises subject to the aforesaid mortgage is 1437 Trindle Road, Carlisle, Pennsylvania 17015. 3. This action in mortgage foreclosure was originally commenced by Plaintiff by the filing of a complaint in mortgage foreclosure against Defendant on July 27, 2009. 4. On or about September 14, 2009, Judgment was entered in favor of Plaintiff and against Defendant KENNETH R. ROUSH by default. 5. Subsequent to the entry of judgment on September 14, 2009, Plaintiff caused a writ of execution to be issued scheduling the subject property for Sheriff's Sale in Cumberland County on December 8, 2010, which sale was further continued and was subsequently scheduled to be held on March 27, 2013. 6. CITIBANK, was the successful bidder for the subject property at such Sheriff's Sale for costs in the amount of $1.00 and thereafter a Deed was issued to plaintiff by the Sheriff of Cumberland County as recorded in Cumberland County as Instrument No. 201314815. A true and correct copy of such Sheriff's Deed is attached hereto as Exhibit "A" and incorporated herein by reference. 7. Unbeknownst to plaintiff's counsel, plaintiff subsequently advised plaintiff's counsel after such sale had been held that plaintiff had not completed certain procedural steps as mandated by applicable rules and regulations pertaining to the Home Affordability Modification Program and other applicable rules and regulations, and plaintiff therefore has requested its counsel to seek an Order setting aside such sheriffs sale as being null and void and of no further force or effect. 8. The relief requested herein will not prejudice Defendant but rather will benefit Defendant by restoring title to the subject property to Defendant nor will any other party be adversely affected by such relief since Plaintiff was the successful bidder at such sale for costs with no other bids for the property being made by any other party. 9. In view of the foregoing, it is not anticipated that any discovery will be necessary by either party in connection with this petition nor is it anticipated that any hearing or argument will be necessary thereon. WHEREFORE, Plaintiff CITIBANK respectfully requests this Honorable Court to grant this Petition to Vacate and Set Aside Sheriff's Sale of Real Property and to enter an Order declaring such Sheriff s Sale, and the sheriff's deed resulting from such sale, to be set aside and declared as null and void and of no further force or effect and further reinstating Plaintiff's mortgage and otherwise restoring Plaintiff to the same position it had held prior to such Sheriff's Sale being held. Andrew L. Markowi , Esq. Attorneys for Plai iff McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 CITIBANK, N.A., As Trustee for Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-4 v. KENNETH R. ROUSH Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-5096 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO VACATE AND SET ASIDE SHERIFF'S SALE OF REAL PROPERTY The equitable power to set aside or vacate a Sheriff's sale of real property is inherently given to the courts by virtue of Rule 3132 Pa. R. C. P. As this Rule provides: Upon petition of any party in interest before delivery of the personal property or of the sheriff s deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances. As set forth in plaintiff's petition, plaintiff has requested its counsel to seek to have such sale vacated and set aside in order to comply with applicable rules and regulations which had not been met prior to such sale being held. Since Plaintiff was the successful bidder at such sale for costs, neither Defendant nor any other party in interest would be adversely affected by the granting of this petition to set aside this sale. Based on the foregoing, it is submitted that Plaintiff's Petition to Vacate and Set Aside Sheriff's Sale of Real Property should be GRANTED and the March 27, 2013 sheriff's sale of the subject property at 1437 Trindle Road, Carlisle, PA 17015, and the sheriff's deed resulting from such sale, should be set aside and vacated and the parties should be restored to the same positions they had held prior to such sheriff's sale being held. ANDREW L. MA' ,' OWITZ, ESQ. Attorneys for Plai tiff VERIFICATION The undersigned, Andrew L. Markowitz, Esquire, does hereby certify that he is counsel for CITIBANK, N.A., As Trustee for Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-4, Plaintiff in the above matter; and that as counsel the undersigned counsel is authorized to make this verification on plaintiff's behalf with personal knowledge thereof and that the foregoing facts as set forth in the foregoing Petition to Set Aside Sheriff's Sale and Resulting Sheriff's Deed are true and correct to the best of his 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. Andrew L. . rkowitz, Esq. Dated: May 5, 2014 McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 CITIBANK, N.A., As Trustee for Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-4 v. KENNETH R. ROUSH Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-5096 Civil Term. CERTIFICATE OF SERVICE I, ANDREW L. MARKOWITZ, ESQ., counsel for plaintiff in the above matter, do hereby certify that on the 6th day of May, 2014 I caused true and correct copies of the foregoing Petition to Vacate and Set Aside Sheriff's Sale of Real Property, proposed Order and Memorandum of Law in Support thereof, on the following persons, by first class mail, postage pre -paid, addressed as follows: Kenneth R. Roush 14 Paradise Drive Carlisle, PA 17015 Cumberland County Sheriff's Office REAL ESTATE DIVISION 1 Courthouse Square Third Floor Carlisle, PA 17013 ANDREW Attorneys for Plaintiff TZ, ESQ. i McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 CITIBANK, N.A., As Trustee for Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-4 v. KENNETH R. ROUSH Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-5096 Civil Term ORDER na <r:.i .C" .c- 4'"! CZ, F 4 r 1 CDCD (71 -71 CD ca rT ; Nuc AND NOW, thiy Tday of /� �/' , 2014 , upon petition of Plaintiff pursuant to Rule 3132 Pa. R. C. P., to vacate and set aside the Sheriff's Sale of Real Property located at 1437 Trindle Road, Carlisle, PA 17015 held on March 27, 2013 it is hereby ORDERED and DECREED that the Petition is hereby GRANTED and the said Sheriffs Sale is hereby vacated and set aside. IT IS FURTHER ORDERED that the Sheriffs Deed resulting from such sale, as recorded on May 7, 2013 as Instrument No. 201314815, is hereby set aside and declared as null and void and of no further force or effect. IT IS FURTHER ORDERED that the underlying mortgage herein, recorded on September 6, 2002 in the Office of the Recorder of Cumberland County in Mortgage Book 1771, page 2891, shall remain an open and valid lien on the subject property and such mortgage shall not otherwise be affected or diminished by the Sheriff's Sale held on March 27, 2013, which sale is hereby ordered as vacated and set aside. IT IS FURTHER ORDERED that a certified copy of this Order shall be recorded with the Office of the Recorder of Deeds in and for Cumberland County so as to place all interested parties on notice of same. P'61.1 -c -k Al-iy stisliet t .. LAO McCABE,WEISBERG AND CONWAY, P.C. i t°r=',.M_ BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 ''''' 5-2- r ; MARC S.WEISBERG,ESQUIRE-ID# 17616 ,,q,? �f t � ; -,„ EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ! Petit/ 84-f?� ''i �: �. ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 `NI$ // L - MARISA J.COHEN,ESQUIRE-ID#4770 87 30 rj �gtQUlS'7 } 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 CUMBERLAND COUNTY FUNDING MORTGAGE LOAN COURT OF COMMON PLEAS ASSET-BACKED CERTIFICATES, SERIES 2002-4 No. 09-5096 civil term Plaintiff v. Kenneth R Roush,Kenneth R Roush and UNITED STATES OF AMERICA do United States Attorney for the Middle District of Pennsylvania Defendants PRAECIPE TO THE PROTHONOTARY: ❑ Please mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled,Discontinued and Ended. El Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. McCABE,WEISBERG AND CONWAY.P.C.DATE: 4/2-°11/ BY: L:--- ---- /� -~ / [ ]Terrence J.McCabe,Esq. [ (]'Marc S. Weisberg,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. Sq. j,Xt O1 [ ] Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. aIlea' 8 3(04) --M [ ] Celine P.DerKrikorian,Esq. [ ]Jennifer L.Wunder,Esq. C F [ ]Lena Kravets,Esq. [ ] Carol A.DiPrinzio,Esq. 36-)ti \a Attorneys for Plaintiff ir r 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-1D#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 CUMBERLAND COUNTY FUNDING MORTGAGE LOAN ASSET-BACKED COURT OF COMMON PLEAS CERTIFICATES, SERIES 2002-4 Plaintiff No.09-5096 civil term v. Kenneth R Roush,Kenneth R Roush and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Defendants CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff,hereby certifies that a true and correct copy of the within Praecipe was served on the below persons by regular first class mail,postage prepaid,on the 2O 'day of June,2014. Kenneth R Roush UNITED STATES OF AMERICA c/o United States 14 Paradise Drive Attorney for the Middle District of Pennsylvania Carlisle,Pennsylvania 17015 P.O.Box 11754,Federal Building 228 Walnut Street Harrisburg,Pennsylvania 17108 DATE: ‘13.19// McCABE,WEISBERG AND CONWAY,P.C. BY: [ ]Terrence J.McCa e,Esq. E-1--Marc S. Weisber:,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. [ ]Jennifer L. Wunder,Esq. [ ]Lena Kravets,Esq. [ ] Carol A.DiPrinzio,Esq. Attorneys for Plaintiff