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10-1435
FILED t L - c 20101 AR - I PM 12.4 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 10790 Rancho Bernardo Road San Diego, California 92127 V. Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number ?Q _ jy35 ?1 ??? yy? CIVIL ACTION/MORTGAGE FORECLOSURE ?aL 4141 C? 4Y4.Z?j ?2?- :z 3 et43 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 veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. ST USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Kenneth R Roush, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 14 Paradise Drive, Carlisle, Pennsylvania 17013. On August 9, 2002, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Chase Manhattan Mortgage Corp. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1768, Page 1793. The mortgage was re-recorded on August 21, 2002 in Mortgage Book 1769, Page 1212. The aforesaid mortgage was thereafter assigned by Chase Manhattan Mortgage Corp. to Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 14 Paradise Drive, Carlisle, Pennsylvania 17013. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest through February 23, 2010 (Plus $18.76 per diem thereafter) Attorney's Fee Late Charges Corporate Advance $ 62,979.84 $ 3,285.33 $ 1,250.00 $ 31.12 $ 265.00 GRAND TOTAL $ 67,811.29 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 in rem Judgment against the Defendant in the sum of $67,811.29, together with interest at the rate of $18.76 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: 29-U-4,zz -b?? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: MA 2e? zc?v?? Attorneys for P intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE -)CA11-aw - ? Tlarff . ??`? Prepared By: Mallosso, Betty ROBERT P. ZIEGLER RECORDER OF DEEDS 0:MBERLAND COUNTY-FS "E RT P. ZIEGLER C)RDER OF DEEDS :.M? ERLAND COUNTY-N, 12 NG 21 PSI 3 37 02 W 14 flM 11 2G Return To: Chase Manhattan Mortgage Corp. Attt Documaat Control, Dapt.400, 10790 Rancho Bernardo Rd, Ban Diego, Ch 92127 Parcel Number: 21-22-0119-075 [Space Above This Line For Recording Date] MORTGAGE 7Y(Y'q 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 tasbvnwnt" means this document, which is datedAugust 9, 2002 , together with all Riders to this document. (B) "Borrower" is IQM MTH R ROUSH 'bit. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Chase Manhattan Mortgage Corp. Lender is a Corporation 1870105838 PENNSYLVANIA - Single Family - Fannie Mae/Fredde Mae UNIFORM INSTRUMENT Form 3039 1101 WSMA) mmi Poe t at 16 IMtids' A44, VMP MORTGAGE FORMS -16001621.7291 BK 1769PG 12122 6K 1 768PG 17931 organized and existing under the laws of Now Jersey Leader's address is 343 Thornall Street Edison, Now Jersey 08837 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedtluyust 9, 2002 The Note states that Borrower owes Lender Sixty-Six Thousand and 00/100the Dollars (U.S. $ 66, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than soptemlber 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]: N Adjustable Rate Rider ? Condominium Rider ? Second Home Rider Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider © Other(s) [specify] Escrow Found R:Ldar (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. (n "Community Association Dues, Fees, and Assessments" means all dues, foes, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a unsocial butitation 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. 00 "Escrow Itesns11 means those items that are described in Section 3. (L) "Mieoedlaneoas Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 1870105838 uu1w.-??.n_ qk-a(PA) mom woe 2 0f 16 Form 3039 1101 9It 1769PG 1213 BK1 768P61794 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the samc 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) "Successor in Interest of Borrower" means any party that has taken tick to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY fr?W of Rwordina Jurbdktionl Of Cumberland (Name of U wrdioa Ju Wkdonl: See Attached Schedule A which currently has the address of 14 pJ1R"ISB DR CART 1SLs ("Property Address"): (su"l [City], Pennsylvania 17 013 (zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property," 4-8{PAi woosi 1870105838 i?.1s.1?-!? Pp" 3 of 18 Form 3039 1101 BKi769PG1214 BK1768PG179 5 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 Leader covenant and agrm as follows: 1. Payment of Principal, Interest, Escrow Items, 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 Instrument 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, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, then Leader 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 Harrower might have now or in the future against Lender shall relieve Borrower from malting payments disc 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) karat 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 Leader 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 1870106838 wutials: /44- PA) woos) Pps 4 a 15 Form 3038 1101 BN1769PG1215 8KI768PG1796 , 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 my late charges due. Voluntary prepayments shall be applied first to my prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Ew"w Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in till, 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 S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Leader all notice of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader 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 my Escrow Items for which payment of Funds has been waived by Leader and, if Lender requires, shall furnish to Leader 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 Leader 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. Leader 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 leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Leader 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 1870105838 40V PA) moon ft" s of 1 a Form 3039 1101 O.K. 1769PG 1216 BK 1768PG 1797 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 Lender the amount necessary to matte 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, Leader shall notify Borrower as required by RFSPA, and Borrower shall pry to Lards the amoum necessary to make up the deficiency in accords= with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security histtument, Leader shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lim. 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 Larder'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 l ender subordinating the lien to this Security Instrument. If lender determines that any part of the Property is subject to a liar 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. Properrty hwuranc e. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loos by fire, hazards included within the tam "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires iaeuranoe. 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 Lose. 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. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each tithe remsppings 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. 1870105838 ft$(PA) woos) Asoe 6 or 16 Fwrn 30311 1101 BK 1769PG 121.7 8K 1768.PG 1798 e 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 Lander, 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 Lander under this Section 3 shall became additional debt of Borrower secured by this Security Instrument. 'Ibaae amounts shall bear We at at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by 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 Leader, 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. Leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lander, shall be applied to restoration or repair of the Property, if the restoration or repair is economically fusible and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration m 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, Linder 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 Larder'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 Leader 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. 1870105838 N,itlds: ?CJbh 4MAPAI mm) Pop. ?of 16 Foam 3038 1101 BKI769PG1218 OK 1768PG1799 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. 'I. Preservation, Maintenance and Protection of the Property; Ianpecliona. 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 S 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 Leader's Interest in the Property and Rights Under this Secu'ity 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 so enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader 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 cam include, but are not limited to; (a) paying any scans 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. 1870105838 -B(PA) ww) ftp s m is Form 3039 1/01 Bl41769PG 1219 BX 1 768PG 1800 I . , , 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 Lauder to Borrower requesting payment. If this Security Instrument is on a lease hold, 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. Mortgap hw ranm If Larder required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Inwrmce in effect. If, for any censor, the Mortgage Insurance coverage required by Lender ceases to be available from the moAgage insurer that previously provided such insurance and Borrower was required to slake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required Lo obtain coverage substantially equivalent to the Mortgage Insurmce 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. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Inaurmce. 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 loan reserve. Lender can no longer require lass reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires) provided by an insurer selected by Larder again becomes available. is obtained, and Ledex requires separately designated payments toward the premiums for Mortgage Insurance. If I antler required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Leader's requirement for Mortgage Insurance cards in accordance with any written agreement between Borrower and Lender providing far 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 m force from time: to time, and may enter into agreements with other parties that share or modify their risk, or reduce lomes. 7brsre agreements are on teams and conditions that are satisfactory to the mortgage um m and the other party (or pies) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds the the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any mnsurer, 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 amoemts that Borrower has agreed to pay for Mortgage Insurance, or my other terms of the Lem. Such agreements will not i umse the amount Borrower will owe for Mortgage Dance, and they wW not entitle Borrower to nay refund. 1870103838 f-8(PA) =W1 aaa s of 16 Foes 3039 1101 Bit t 769PG 1220 OK 1 768P6 180 1 W Any such agreements will not affect the rights Borrower has - if any - with raped to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. Thee rights may include the right to receive certain disclwura, to request and obtain eaneellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to radve a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Aeignment of MWelh nexus Proceeds; Forfdtum All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leander. If the Property is damaged, such Miscellaneous Proceeds shall be applied to watondon or repair of the Property, if the restoration or repair is economically feasible and Leader's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such Miscellaneous Proceeds until Leader has had an opportunity to inspect such Property to ensure the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Leader may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the shuns secured by this Security Inatruurent, 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 loan 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 Leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums 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 Leader within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can caret such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 1870105838 Miuw:? qk-GIPA) )coos) Pao. 10 of ie Form 3088 1/01 BK 1769PG 1221 89 176 apG 1802 M 1 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Releaand; Forbearu we By Lander Not a Waiver. Extension of the time for payment or modification of amortization of the sums sawed 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 a= 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 lea 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 Asdgm Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, say 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 Leader, 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 Lender. 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, pproperty inspection and vabation fees. In regard to any other fees, the absence of express authority in this S,earrity Instrument to dwV a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Leader 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 1970105836 4k-G(PA) ,coos Pop „ w 16 Fam 3099 Iron BK I769PG1222 OKI768PG1803 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 shag 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 Leader specifies a procedure for reporting Bonrower'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 Leader shall be given by delivering it or by mailing it by first class mail to Leader's address staled herein unless Lender has designated another address by notice to Bony. Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader 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; Rule of Construction. Ibis 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 mesa 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 Beadkciai 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 decd, contract for dad. installment ages contact 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 Leader if such eterder is prohibited by Applicable Law. If Lender exercises this option, Leader 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, Lander may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Aeederation. 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 We of the Property pursuant to any power of We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Harrower: (a) pays Leader 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 1870105838 WVPA) 1000e1 Pow 12 of 1e Form 90" 1101 BKI769PG1223 OKI768PG1804 )' .,. . agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' foes, 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) tapes 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 acquire that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Loader: (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 inured by a federal agency, instrumentality or entity; or (d) Mumnic Funds Transfer. Upon reinstatement by Borrower, this Security huff went 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 Law Sarvieer; 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 collets 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 must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of accelaratiesn gives 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" nests 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, asdefined in Environmental Law; and (d) an "Environmental Condition" numu a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 1870105838 WOWS MV PA) mmi App 13 of 16 For v 3038 1/01 BK 1769PG 1224 8K 1 768PG 1805 Borrower shall not cause or permit the prurience, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substmcea, 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 user and to maintenance of the Property (including, but not limited to, hazardous substances in products). Borrower Shrill 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 MY 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 learnt, or is notified by any governmental or regulatory authority, or any private party, that my removal or other remedistion 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 Leader further covenant and agree as follows: 22. Acceleration; Remadles. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Imstrumeat (but not prior to acceleration under Section 18 uuless Applicable Law provides otherwise). Lndw shal notify Borrower of, among other things: (a) the default; (b) the action required to cure the ddm*; (c) when the default must be cured; and (d) that failure to cure the default as spedlled many result in acceleration of the sums secured by this Security Instrnieurt, foreciesnre by judicial proceeding and sale of the Property. Lender strati further inform Borrower of the right to rdnatants aver andaratton and the right to mat in the faseetosta a proceadlug the non-existence of a dsflauht or any other defense of Borrower to acceleration and foreclosure. If the default is not eared se spedFaC Leedw at its option may require mate ppaayment in fiWl of all arms aeeu 1 by this Security Io MUnent without furtbw demand and may forerlose this Searky Instru meet by judicial proceeding. Leuadar shall be entitled to coftt all expenses incu rTed In nursomm, the r^erre?es provided In this Section 22, including, but not Brasted to, attorneys' fees and costs o tile evidence to the eateat permitted by Applicable Law. 23. Release. Upon payment of all arms secured by this Security Instrument, this Security Instrummt and the estate conveyed shall terminate and became void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any reem6tion costs. Lemder Borrower a foe for rdeaung this Security Instrument, but only if the fee is paid to a third party ?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 sherifrs agile or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Imatruumemt is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate Atltesr Jtx1gmeot. 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. 1870105838 4 ft-G(PA) foooel Pop 14 of 16 Fwm 3039 1101 BK i 769PG 1225 UE&A 1768pr 1806 s 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. 4ftL (Sew) 1CZXN3TS R ROVSK -Borrower (Sew) -Boeowa _ (Seal) -Borrower _ (seal) -Borrower 1870105835 _ (Sew) _9oeower _ (Sew) -Borrower _ (seat) -Harrower - (seat) -Borrower W(PA) toooa) ft" is Of i e Form 3039 1101 Et 1769PG 1226 ON 1768PG 1807 Witnesses: Certificate of Residence 1, the correct address of the within-named Mortgagee is 14 PARADISS DR CKRLXBLE, Pennsylvania 17013 , do hereby certify that witness my hand this 9TH day of August, 2002 ASm at of Mor4"m COMMONWEALTH OF PENNSYLVANIA, I!'teAw-sc LG-r? On this, the 9TH day of August, 2002 undersigned officer, personally appeared !tZMMTH R ROUSH County m: , 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: 3 Tide of Otiim W(PA) Moe) Harold S. Irwin Rt. Notary Pubk Carlisle Boro. curnberhm County My Commlaillm Expires SW. 23.2002 !Member, PennWonls Association of Noteda 1670103838 pop Is Of le lmmeb/?441 -j. a q Form 3039 1101 09?? an t 227 u 17604 1808 t 7 r 8K EXHIBIT "A° -- PILE NO. 112087 ALL that certain tract of land situate in Middlesex Township, (formerly North Middleton Township) Cumberland County, Pennsylvania, numbered according to the Dale Petrow Revised Plan of Lota, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follows: TRACT NO. 1: BEGINNING on the North by Lot No. 137; on the East yyPPa adisi- oa ; ort -the South bg ltne para3rel to -and-five--f 5?}- feet North of the Northern line of Lot No. 139; and on the west by the Northern-forty-five '(45) feet of Lot No. 111. CONTAINING forty-five (45) feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of one hundred forty-eight and two tenths (148.2) feet and being the Northern forty-five (45) feet of Lot No. 138 as shown on said Plan of Lots.' TRACT NO. 2: Lots No. 139 and 140 and the Southern five (5) foot strip of?ot No. 138 of the Dale Petrov Revised Plan of Lots, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No-. 3, Page 103, and being subject to the restrictions as they,appear on said Plan of Lots; having a frontage on Paradise Road of One Hundred Five (105) feet and extending to a depth of One Hundred Seventy-three and two tenths (173.2) feet. BK 1769PG 1228 8K 1768PG 1809, 1870105838 ADJUSTABLE RATE RIDER (u8m In m - P.MeCaps) THIS ADJUSTABLE RATE RIDER is made this 9TH day of August, 2002 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Insbument") of the some date given by the undersigned (the "Borrower') to secure Borrower's Adjustable Rate Note (the "Note") to Chase Manhattan Mortgage Corp. (the lender") a corporation organized and existing under the laws of New Jersey of the same date and covering the property described In the Security Instrument and located at: 14 PARADISE DR CARLISLE, Pennsylvania 17013 PMP8drAd*eu) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TINE AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial Interest rate of Ten and 875/1000 10.875 % MULTISTATE LIBOR ARM RIDER BC-87331T (1101) Page 1 of 3 (replaces 2/00) 8t1769PG1229 OKI768PG1810 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 Joumal. 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 Five and 500/1000 percentage points (5.500 %) 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 Ma" Date at my new interest rate in substantially equal payments. The result of this elation 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 13.875 % or less than 10.875 96. 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 1 have been paying for the preceding six months. My Interest rate will never be greater than 17.875 % and will never be lower than 10.875 % MULTISTATE LIBOR ARM RIDER BC-67331T (1/01) Pape 2 of 3 (replaoes 2/00) RK 1769PG1230 OK 768PG1811 (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. (I) Notice of Changes The Note Bolder 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 tide 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 terns and covenants contained in this Adjustable Rate Rider. 9i' -A 4,4 Borrower I ZN=TH R ROUSH Date Date Borrower Date Borrower Date MULTISTATE LIBOR ARM RIDER B"733-LT (1x01) Page 3 of 3 (repWft 2100) Boffoww Dab Borrower Date Borrower Date Borrower Dde } C:crtl fy this to be recorded !ii Cumberland County PA w/ i f, a ? o ? Recorder of Deeds 8K f769PG1231 Ot1768P6181.2 r4 1 4 s 1870105838 ESCROW/IMPOUND PAYMENT RIDER THIS ESCROW/IMPOUND PAYMENT RIDER is made this 9TH day of August, 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, 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 the same date and covering the Property described in the Security Instrument. "I) ESCROW/IMPOUND PAYMENTS (A) Subject to the requirements stated in paragraph (B) below, Borrower will not be required to make monthly escrow/impound payments to Lender for taxes and insurance. (B) Borrower must pay immediately when due all real estate taxes, assessments, water frontage charges and other similar charges, sewer rents, and hazard or property insurance and flood insurance (if any) covering the Property. Within 30 days after Borrower renews any insurance coverage, Borrower shall send a copy of the insurance declaration page(s) and a copy of the paid receipt(s) to Lender's Insurance Department. Within five days of receipt of a written request from Lender, Borrower shall furnish Lender with original receipts or other evidence satisfactory to Chase showing payment of insurance premiums, taxes, assessments, water frontage charges and other charges. If Borrower does not pay the insurance premium, taxes, assessments, water frontage charges and other similar charges immediately when due, Lender may, but is not obligated to, obtain insurance coverage for Borrower or pay the taxes (and any penalties) and any other charges and Borrower must reimburse Leader immediately. Lender may then require Borrower to make escrow/impound payments in accordance with the terms of the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Rider. BoirowalMETH R ROUSH (Date) Borrower (Date) Borrower Borrower BIC ESCROWAMPOUND PAYMENT RIDER BC-6735 (t 1/99) (Date) Borrower (Date) Celliry this In Cu,n to (Date) Brower -Ind Coun ?- r, ed (Da*) ` . -90 PA t3' r (??`-r F COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND Rec COUNTYd95 o f Deeds before me, the undersigne cer, personally appeared KENNETH R. ROUSH, satisfactorily proven to be theperson whose name is subscribed to the with a instrument and acknowledged that he executed the same for th •. purposes herein contained. On this, the 9! day of August, 2002, offs IN WITNESS WHEREOF I Rommel Seal Hama S. Irwin 10, Nobly Public canals Elmo, curnbarlarat cauray My C,ommisaion Expires Sapt 23.2002 Member, Pennsyh.•ania Assorsiation of wafta hereunto set m 769PG 123 h"d and official s A., 4oe Rsceiyeo SEP 13 2092 noc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~,,~~:~:~~ Sheriff ,.. ~i ~c~,ut,rr r~ E ~rit~T~;~~~~ Jody S Smith ~4~~~ ~~ ~ ~~~ ~ Chief Deputy - Z~~Q~AR _~ ~~ 9~ d~ Edward L Schorpp SOiIC/tOr t~F ~ "` ~`' =- ~G~-.~ is ~,L,~ i.a~.f~,Vl i cur~.~~ ~..- Citibank, NA vs. Kenneth R. Roush Case Number 2010-1435 SHERIFF'S RETURN OF SERVICE 03/03/2010 Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 3, 2010 at 1125 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, 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: $33.40 SO ANSWERS, March 04, 2010 RON R ANDERSON, SHERIFF NOAH INE, DEPUTY SHERIFF ;r.. Coun';Sullr ~`ES-~rf. Telex=o'(. I :;. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS ~ ~ C _~ ~ ~' f ~ ~ ~ --'_i Number 10-1435 `: ; ` ,~ --- .~~ t-. ~ r ~ ~ " 1 %= _~` -~ . ~ r--- k s fl -f ' =~ u-; ~~; c °~: -~: ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 02/24/10 to 04/06/10 $ 67,811.29 $ 787.92 Total $ ~68,5~99.21 /~~%'" `-cam TERRENCE J. McCABE, ESQ MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this "/T'~day of A , 2010, Judgment is entered in favor of Plaintiff, Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, and against Defendant, Kenneth R Roush, and damages are assessed in the amount of $68,599.21, plus interest and costs. BY THE PROTHONOTARY: ~~ ~~~L~ ~. a~ ~aqy McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1435 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, is over eighteen (18) years of age, and reside as follows: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 ~ ~~ /~%~~ ~~ SWORN AND SUBSCRIBED BEFORE ME THIS _6TH _ DAY OF APRIL , 2010 N ARY PUBL L'G~'M~ti'~YE4LTH ~F PEN\FYi..4N1h NOTARIAL SEAS. Barbara J. Moyer-Notary Public City of Philtadelphia, Philadelphia CouttQ( MY COMMfSS10N EXPIRES JAN.12, 2014 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1435 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 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". /~. /~'~/~i ~ SWORN AND SUBSCRIBED BEFORE ME THIS 6TH _ DAY OF APRIL , 2010 OTARY PUBLI TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff EOMMONWEALTH OF PEN'vSY~`;Ai• NOTARIAL SEAL Barbara J. Moyer- Notary Public C'tty of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JAN.12, 2014 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. ~--~, '~ TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ,~ ~~~ OFFICE OF THE PROTHONOTARY ~ (; COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Loug Prothonotary March 24, 2010 To: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 Citibank, N.A., As Trustee For Chase Cumberland County Funding Mortgage Loan Asset-Backed Court of Common Pleas .Certificates, Series 2002-3 vs. Kenneth R Roush Number 10-1435 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU IIAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS XOU ACT WCI'IJIN TEN (10) DAYS FROM THE DATE OF THIS NOTTCE, A JUDGMENT MAYBE ENTERED AOAWST YOU WITHOUT A HEARING AND YOU MAY LOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOIJ tN) NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROV[DE YOU WITH 1NFORMA'rION 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 (soo) 99a91os NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBEI.DIA POR NO HABER PRESENTADO UNA COMPARECENGIA ESCR[TA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAI. SUS DEFENSAS U OBIECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DUGS DE LA FECHA DE ESTA NOTJFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA AI.GUNA, DICTAR SENTENCIA EN SUCONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPQRTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABO(IADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON -NFORMAC-bN ACERCA DE EMPLEAR A UN ADOGADO. $[ USTED NO PUEDE pROPORCiONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGL•NCU1S QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEOIBLES EN UN HONORARIO REDUCIDO Nl NINGLTN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pe a 17013 (800) -9108 ~~- BY: Attorneys for Plaintiff TERRENCE J. McCAB UIItE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIItE MARGARET CAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW I.. MARItOWITZ, ESQUIRE adf OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 10-1435 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. rothonotary X Judgment by Default 'y~7~~ d _ Money Judgment _ 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 Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 v. Kenneth R Roush C? FILE NO.: 10-1435 Civil Term -rr t'~~ ~:,~,, AMOUNT DUE: $68,599.21 ? ~°'- ,- .,~ INTEREST: from 04/07/10 to 9/08/ $1,737.12 at $11.28 ~~ ;~-; ATTY' S COMM.: ~ Z COSTS: -- ~ c~ c~ a.~• N cw cz~ ~~ _~, ;~ ~ -~; m r~ C3 ,- - ~} -:- - t. S" :; ;. ' J r'~ :~ -~ 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) 14 Paradise Drive Carlisle Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) dP.CCYI}1P.d in the attached exhibit. DATE: 04/09/2010 ~ & ~4. oo P ~ ATTN 33. ~f o C8F 9a. oo I~.00 " a. so N I (05. X17 - Po nTry ~a.oo ~eCo' • 50 ~ ek# lalol~{ rr~ ~~8fa7 ~E I,tJr~t ~}~-or '~~~~~'l~,/~-< ~~'~ 6 Signature: Print Name: MCCABE, WEISBERG AND CONWAY Address:123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: 215 7901010 Supreme Court ID No. , 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 l 8 PA.C.S. Section 4909 relating to unsworn falsification to authorities. G TERRENCE . McCABL, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, 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 Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush Defendant Attorneys for Plaintiff N (~ ~ ;~` o :7 t','_ 3a+ CUMBERLAND COUNTY COURT OF C~Q1~11vI ON ~~ PLEAS Cn;, N _.. :. D -- ~ ~ ~ '__ NO: 10-1435 -- ~- L_ C:~: p 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: 14 Paradise Drive, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owner or Reputed Owner Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 Name and address of Defendant in the judgment: j T f7l r} :~ <,'Y; -,- '~~. :.~ rn Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Jeffrey L. Sheaffer, Jr. Address 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050-1707 Pennsylvania State Employees Credit Union 1 Credit Union Place Harrisburg, Pennsylvania 17110 r Cummins Metropower inc. 4499 Lewis Road Carlisle, Pennsylvania 17013 Unemployment Compensation Fund L & I Bing - 16th Floor Harrisburg, Pennsylvania 17121 4. Name and address of the last recorded holder of every mortgage of record: Name Address Pnnesylvania Housing Finance Agency 21 1 North Front Street PO BOX 15530 Harrisburg, Pennsylvania 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address Bureau of Compliance Department 280946 Carlisle, Pennsylvania 17013 U.S. Treasury Department Pittsburgh Office -Room 808 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 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 Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 14 Paradise Drive Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8"' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 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 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 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 7, 2010 DATE r~,,~ I TERRENCE J. McCABE, ES IRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, SITUATE in Middlesex Township (formerly North Middleton Township) Cumberland County, Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follows: TRACT NO. 1: BEGINNING on the North by Lot No. 137; on the East by Paradise Road; on the South by line parallel to and 5 feet North of the Northern line of Lot No. 139; and on the West by the Northern 45 feet of Lot No. 111. CONTAINING 45 feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of 148.2 feet and being the Northern 45 feet of Lot No. 138 as shown on said Plan of Lots. TRACT NO. 2: Lots No. 139 and 140 and the Southern 5 foot strip of Lot no. 138 of the Dale Fetrow Revised Plan of Lots, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 3, Page 103, and being subject to the restrictions as they appear of said Plan of Lots; having a frontage on Paradise Road of 105 feet and extending to a depth of 173.2 feet. BEING PARCEL NO.: 21-22-0119-074 BEING KNOWN AS 14 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which HOLLY J. MCKEAN by deed dated January 23, 1987 and recorded January 23, 1987 in the office of the Recorder in and for Cumberland County in Deed Book 32, Page 633, granted and conveyed to Kenneth R Roush in fee. EXHIBIT A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS C~ c`"., _ CUMBERLAND COUNTY ~ ° ~ ~ t ~ _ `'-r" ~ rn~ , Number 10-1435 ~ -=-~rr~ ` `;'~? ~ r`t G'~ ~~ .- .~' ..5_-j. ._ ~_ ~ ~r~ `• ~' R] ~~ ~ •• -a ~ -t oa AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT 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 address of the Defendant is: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 SWORN AND SUBSCRIBED BEFORE ME THIS 7`h DAY OF APRIL, 2010 ~V TERR NCE J. McCABE, ESQUIR MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff I~PITARY PUB~d~~' ~,._ , ~f.:,,, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 176]6 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Kenneth R Roush Number 10-1435 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 n C ~) t'[:? t_T ~ r ; ~~' Ci't _' C~ i:, ~~ ~. !`* i `~ ~ -~ ev ca xs~ R,7 N ~.. Your house (real estate) at 14 Paradise Drive, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, ]Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $68,599.21 obtained by Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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.) n ;'~l~ `] "~ ,'- -f -! ( T ~~~ 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. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRE,NCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1435 AMENDED AFFIDAVIT OF SERVICE o ? -< (-n i `.. Z C W t 1, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 19" day of August, 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 1Q+h DAY OF 2010 TERKENCE J. McCABE QU RI MARC S. WEISBER , SQUI EDWARD D. CON AY, ES IRE MARGARET GAI UIRE 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 CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff v Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-1435 AMEDNED 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: 14 Paradise Drive, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owner or Reputed Owner Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Address Jeffrey L. Sheaffer, Jr. 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050-1707 Pennsylvania State Employees Cummins Metropower inc. Credit Union 1 Credit Union Place Harrisburg, Pennsylvania 17110 4499 Lewis Road Carlisle, Pennsylvania 17013 Unemployment Compensation Fund L & I Bing - 16th Floor Harrisburg, Pennsylvania 17121 4. Name and address of the last recorded holder of every mortgage of record: Name Address Pnnnsylvania Housing Finance Agency 211 North Front Street PO BOX 15530 Harrisburg, Pennsylvania 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address Bureau of Compliance Department 280946 Carlisle, Pennsylvania 17013 U.S. Treasury Department Pittsburgh Office - Room 808 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 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 Address 14 Paradise Drive Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8' Street Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department 4280601 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 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 235 North Washington Street Suite 220 Scranton, PA 18503 and Federal Building 228 Walnut Street Harrisburg, PA 17108 United States of America c/o Atty U.S. Department of Justice Rm 511 General of the United States Main Justice Building, 10`h & Constitution Avenue NW Washington, D.C. 20530 United States of America c/o Attorney United States Department of Justice General of the United States 10th & Constitution Avenues NW, Room 4400 Washington, D.C. 20530 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 arse subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 19, 2010 TEWNCE-J. McCABE DATE MARC S. WEISBERG, EDWARD D. CONW Y, MARGARET GAIR , E .Attorneys for Plaintif -- 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R Roush Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-1435 DATE: August 19, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Kenneth R Roush PROPERTY: 14 Paradise Drive, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on October 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. 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O G ? O ? to -+ O ? ? ro 7 O ? V 4 .+?, .+ A 7 '+ d v McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1435 V. C:.. , - Kenneth R Roush rn ' C_ n n Defendan t, r- y t ' . ..'. .. a Per•,,.1 zr. _ 4 MOTION TO ADJOURN SHERIFF'S SALE Plaintiff, Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backedeertiicatei; Series 2002-3, by and through its attorney, Kevin T. McQuail, Esquire, moves this Honorable Court for an Order adjourning the January 5, 2011 Sheriffs Sale scheduled for and avers as follows: Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 14 Paradise Drive, Carlisle, Pennsylvania 17013 for Sheriffs Sale originally scheduled for September 8, 2010. 2. Plaintiff has postponed the Sheriff s Sale to the full extent permitted, and is now requesting that the sale currently scheduled for January 5, 2011 be postponed further until March 2, 2011 as the lender is reviewing foreclosure documentation for authenticity prior to proceeding with Sheriffs Sale. 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 14 Paradise Drive, Carlisle, Pennsylvania 17013 to the March 2, 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 January 5, 2011. MCCABE, WERG ARI?CONWAY, PC BY: Kevin T. M 1, squ re AttoTfy?fo I i t iviattnew J. Eshelmah, Esquire Local Counsel McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Kenneth R Roush No. 10-1435 Defendant MEMORANDUM OF LAW Plaintiff requested that the Sheriff Sale originally scheduled for September 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 January 5, 2011 be adjourned to March 2, 2011 as the lender is reviewing foreclosure documentation for authenticity prior to proceeding with Sheriffs Sale. 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 14 Paradise Drive, Carlisle, Pennsylvania 17013 be adjourned to the March 2, 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 January 5, 2011. MCCABE, BY: Kevin T. M uail, Attornkv f r 1 it t CONWAY, PC 1viallnew J. Esherman, 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. §4904 relating to unsworn falsification to authorities. MCCABE, WEISBER CO AY, PC BY: Kevin T. McQuail, E wire Attorney for Plaintiff McCABE, WEISBERG AND CONWAy, P.C. BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 ---------------- - Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1435 CERTIFICATION OF SERVICE I, Kevin T. McQuail, 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, prepaid, on the 30th day of December, 2010, upon the following: postage Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania, 17013 McCABE BERG D CONWAY, PC BY: _ Kevin T cQ il, Esquire Attorne for Plaintiff This letter may be an attempt tohcollect a debt and any information Obtained will be u sed for that purpose. TERRENCE 1. McCABE *** MARC S. WEISBERG ** EDWARD D. CONWAY `*' MARGARET GAIRO `*' LISA L. WALLACE +t DEBORAH K. CURRAN t. LAURA H.G. O'SULLIVAN t• GAYL C. SPIVAK =* FRANK DUBIN `*' ANDREW L. MARKOWITZ `*' HEIDI R. SPIVAK * SCOTT T.TAGGART* MARISA J. COHEN * KATHERINE D. SANTANGINI ^^ JASON BROOKSt FAITH MIROS `<' ERIN M. BRADY - KEVIN T. McQUAIL ALEXANDRA T. GARCIA * CORRIN DEMENT ^^ ABBY K. MOYNIHAN -• CATHERINE WELKER `.' ANTOINETTE N. MOORE CHRISTINE GRAHAM MELISSA A. SPOSATO ^ See www.mwc-law.com for licensing key. Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 1.7013 LAW OFFICES MCCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215)790-1010 FAX (215) 790-1274 December 30, 2010 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 GENERAL FAX (914) 636-8901 MEDIATION ONLY FAX (914) 819-5505 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 201 4021 UNIVERSITY DRIVE FAIRFAX, VA 22030 (866) 656-0379 Re: Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 v. Kenneth R Roush CUMBERLAND COUNTY; CCP; No. 10-1435 Dear Sir/Madam: Enclosed please find a copy of Motion to Postpone Sheriffs Sale with regard to the above matter. Very T. K4cQuail, Esquire KM/ks Enclosure This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. S I LE OF ! t t T , !- it)r)r)T.y. 'II U I" "J 2011 JAN -4 PM 1: 1 C CUMBERLAND COUNT BENINSYLv.`}-IN! ; Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R Roush Defendant JAN 0 4 2011 CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1435 ORDER AND NOW, this 0f 'day of Ja-N ?A a , 2011 , upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for January 5, 2011, it is hereby ORDERED that the Sheriffs Sale of the property known as 14 Paradise Drive, Carlisle, Pennsylvania 17013 is adjourned to the March 2, 2011 Sheriff s 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. BY THE COURT: Distribution: J. .1d ? evin McQuail, Esq., 123 S. Broad, Ste 2080, Phila, PA 19109 00 001 "Kenneth Roush, 14 Paradise Dr., Carlisle, PA 17013 1'411_1J? Sheriff's Office, Cumberland County-in b;n TERRENCE J. MCCABE *** MARC S. WEISBERG ** EDWARD D. CONWAY `*' MARGARET GAIRO `*' LISA L. WALLACE+t DEBORAH K. CURRAN t• LAURA H.G. O'SULLIVAN t• GAYL C. SPIVAK=* FRANK DUBIN ' *' ANDREW L. MARKOWITZ `*' HEIDI R. SPIVAK * SCOTT T. TAGGART MARISA J. COHEN * KATHERINE D. SANTANGIAII ^^ JASON BROOKSt FAITH MIROS `<' ERIN M. BRAAY KEVIN T. McQUAIL ALEXANDRA T. GARCIA * CORRIN DEMENT ^^ ABBY K. MOYNIHAN -• CATHERINE WELKER `•' ANTOINETTE N. MOORE -• CHRISTINE GRAHAM MELISSA A. SPOSATO ^ See www.mwe-law.com for licensing key. Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 1,7013 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215)790-1010 FAX (215) 790-1274 December 30, 2010 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 GENERAL FAX (914) 636-8901 MEDIATION ONLY FAX (914) 819-5505 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 201 4021 UNIVERSITY DRIVE FAIRFAX, VA 22030 (866) 656-0379 Re: Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 v. Kenneth R Roush CUMBERLAND COUNTY; CCP; No. 10-1435 Dear Sir/Madam: Enclosed please find a copy of Motion to Postpone Sheriffs Sale with regard to the above matter. Very KM/ks Enclosure This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. 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 CAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 191139 (215) 790-1.010 Citibank, N.A., .As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff. V, Kenneth R Roush Defendant: Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1435 MOTION TO ADJOURN SHERIFF'S SALE '? €-rr r?-s --` r s - CD ?CD Plaintiff, Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, by and through its attorney. McCabe, Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sherif."f's Sale scheduled for March 2, 2011 and avers as follows: Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 14 Paradise Drive, Carlisle, Pennsylvania 17013 for Sheriff's Sale originally scheduled for September 8, 2010. 2. Plaintiff has postponed the Sheriff's Sale to the frill extent permitted, and is now requesting that the sale currently scheduled for March 2, 2011 be postponed further until May 4, 2011 as Plaintiff is resolving title issues. 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 14 Paradise Drive, Carlisle, Pennsylvania 17013 to the May 4, 2011 Sheriff s Sale, with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for March 2, 2011. TERRE E J. McCABE, ESQUIRE MARC . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE KEVIN T '_ 9U IL, E QUIRE Attorneys R r P1 in iff. ..... ..................... ............... _ ?. W. . ........ ...__..._?.... MATTHEW.. ES H AN, ESQUIRE Local Counsel McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 1.7616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding CUMBERLAND COUN'T'Y Mortgage Loan Asset-Backed Certificates, COURT OF COMMON PLEAS Series 2002-3 V, Kenneth R Roush No. 10-1435 MEMORANDUM OF LAW Plaintiff requested that the Sheriff Sale originally scheduled for September 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 March 2, 2011 be adjourned to May 4, 2011 as Plaintiff is resolving title issues. Pursuant to Pa.R.C.P, 3129.3, the Court has the discretion to adjourn a Sheriff's Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 14 Paradise Drive, Carlisle, Pennsylvania 17013 be adjourned to the May 4, 2011 Sheriff's Sale with no additional advertising of said Sale arid no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3 t29 being required, except that an announcement be made at the sale currently scheduled for March 2, 2011. I'l?:lt[2 (!, t! IV C AR , ESQUIRE' MAR , S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff ... . -111.1 MATTHEW J. ESHELMAN, ESQUIRE Local Counsel VERIFICATION The undersigned hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he,/she is authorized to make this verification and that the foregoing facts based on the information from. the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. $4904 relating to unsworn falsification to authorities. TERR CE J. McCABE, ESQUIRE MAR S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN T, McQUAIL, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERGG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 1761.6 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 1.23 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank. N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plainti if v. Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1 435 CERTIFICATION OF SERVICE 1, undersigned; attorney for the Plaintiff, hereby certify that 1 served a tree and correct copy of the foregoing Motion To Postpone Sheriff Sale, by United States Mail, first class, postage prepaid, on the 25th day of February, 2011, upon the following: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania, 17013 TEIZREi+tE J. McCABE, ESQUIRE MARC WEISBE.RG, ESQUIRE, EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN T. _'McQUAIL, ESQUIRE Attorneys for Plaintiff Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R 12oush Dc>fendant r _ T '?.L'i., (1 S r i- FE 28 Ppj CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1435 Previously assigned: J. Masland ORDER AND NOW this day of ( y-r a 7 , 2011, upon consideration of Plaintiff's Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for March 2, 2011, it is hereby ORDERED that the Sheriff's Sale of the property known as 14 Paradise Drive, Carlisle, Pennsylvania 17013 is adjourned to the May 4, 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. BY THE COURT: Distribution: ?Terrence McCabe, Esq., 123 S. Broad, Ste 2080, Phila, PA 19109 ?Kenneth Roush, 14 Paradise Dr., Carlisle, PA 17013 ?Sheriff's Office, Cumberland County & p;es fKA ` e d a jail ij )We r T FI ? Di-0_I tY; 2011 Y - 1? 3: ; t,UMBERL,G?ID t U < aA Pow y LVI,. NIA Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R Roush Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1435 r Previously assigned: J. Masland ORDER AND NOW, this -Xr day of ^ y , 2011, upon consideration of Plaintiffs Motion to Adjourn the Sheriff s Sale currently scheduled in the above-captioned matter for May 4, 2011, it is hereby ORDERED that the Sheriffs Sale of the property known as 14 Paradise Drive, Carlisle, Pennsylvania 17013 is adjourned to the July 6, 2011 Sheriff s Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. Distribution: Terrence McCabe, /L/ Kenneth Roush, 14 d Sheriff's Office, BY THE COURT: J. ' Esq., 123 S. Broad, Ste 2080, Phila, PA 19109 Paradise Dr., Carlisle, PA 17013 Cumberland County -in bin S'HERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?t of Ccio;,,jr c? OFF . ' -OFFIQ C THELPR HONG T4 ?'tt f R y 201' JUL -6 AM g: C, CU pEtEdNSYlaA COUNTY NIA Citibank, NA vs. Case Number Kenneth R. Roush 2010-1435 SHERIFF'S RETURN OF SERVICE 06/24/2010 09:55 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 6-24-201C at 0950 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth R. Roush, located at, 14 Paradise Drive, Carlisle, Cumberland County, Pennsylvania according to law. 06/24/2010 09:55 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 6-24-201C at 0950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kenneth R. Roush, by making known unto, Kenneth R. Roush, personally, at, 14 Paradise Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/07/2010 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 12/03/2010 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/04/2011 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 03/01/2011 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/03/2011 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/06/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $879.18 SO ANSWERS, July 06, 2011 RON R ANDERSON, SHERIFF 0.6D P/. - C- - , s0 L-1-- f 'A . ait has-&i ?:CI CCUn`ySuitr 5he??'f. iel2csoit. Inc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff V. Kenneth R Roush Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-1435 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: 14 Paradise Drive, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owner or Reputed Owner Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Jeffrey L. Sheaffer, Jr. Pennsylvania State Employees Address 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050-1707 Credit Union I Credit Union Place Harrisburg, Pennsylvania 17110 i , Cummins Metropower inc. 4499 Lewis Road Carlisle, Pennsylvania 17013 Unemployment Compensation Fund L & I Bing - 16th Floor Harrisburg, Pennsylvania 17121 4. Name and address of the last recorded holder of every mortgage of record: Name Address Pnnesylvania Housing Finance Agency 211 North Front Street PO BOX 15530 Harrisburg, Pennsylvania 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address Bureau of Compliance Department 280946 Carlisle, Pennsylvania 17013 U.S. Treasury Department Pittsburgh Office - Room 808 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 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 Address 14 Paradise Drive Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 81h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 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 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America C/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 7, 2010 DATE VIRE TERRENCE J. MCCABE, ES MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, SITUATE in Middlesex Township (formerly North Middleton Township) Cumberland County, Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follows: TRACT NO. 1: BEGINNING on the North by Lot No. 137; on the East by Paradise Road; on the South by line parallel to and 5 feet North of the Northern line of Lot No. 139; and on the West by the Northern 45 feet of Lot No. 111. CONTAINING 45 feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of 148.2 feet and being the Northern 45 feet of Lot No. 138 as shown on said Plan of Lots. TRACT NO. 2: Lots No. 139 and 140 and the Southern 5 foot strip of Lot no. 138 of the Dale Fetrow Revised Plan of Lots, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 3, Page 103, and being subject to the restrictions as they appear of said Plan of Lots; having a frontage on Paradise Road of 105 feet and extending to a depth of 173.2 feet. BEING PARCEL NO.: 21-22-0119-074 BEING KNOWN AS 14 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which HOLLY J. MCKEAN by deed dated January 23, 1987 and recorded January 23, 1987 in the office of the Recorder in and for Cumberland County in Deed Book 32, Page 633, granted and conveyed to Kenneth R Roush in fee. 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 Attorneys for Plaintiff CIVIL ACTION LAW Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Kenneth R Roush Number 10-1435 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 Your house (real estate) at 14 Paradise Drive, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 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 to enforce the court judgment of $68,599.21 obtained by Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. 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 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 y - LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, SITUATE in Middlesex Township (formerly North Middleton Township) Cumberland County, Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follows: TRACT NO. 1: BEGINNING on the North by Lot No. 137; on the East by Paradise Road; on the South by line parallel to and 5 feet North of the Northern line of Lot No. 139; and on the West by the Northern 45 feet of Lot No. 111. CONTAINING 45 feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of 148.2 feet and being the Northern 45 feet of Lot No. 138 as shown on said Plan of Lots. TRACT NO. 2: Lots No. 139 and 140 and the Southern 5 foot strip of Lot no. 138 of the Dale Fetrow Revised Plan of Lots, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 3, Page 103, and being subject to the restrictions as they appear of said Plan of Lots; having a frontage on Paradise Road of 105 feet and extending to a depth of 173.2 feet. BEING PARCEL NO.: 21-22-0119-074 BEING KNOWN AS 14 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which HOLLY J. MCKEAN by deed dated January 23, 1987 and recorded January 23, 1987 in the office of the Recorder in and for Cumberland County in Deed Book 32, Page 633, granted and conveyed to Kenneth R Roush in fee. EXHIBIT A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1435 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK, N.A., As Trustee for CHASE FUNDING MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2002-3, Plaintiff (s) From KENNETH R. ROUSH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $68,599.21 L.L. $.50 Interest from 4/7/10 to 9/8/10 at $11.28 -- $1,737.12 Atty's Comm % Due Prothy $2.00 Atty Paid $165.90 Other Costs Plaintiff Paid Date: 4/21 /10 David D. Buell, Pro onotary (Seal) By: Deputy REQUESTING PARTY: Name: MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S BROAD ST, SUITE 2080 PHILADELPHIA, PA 19109 Attorney f'or: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 J On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 14 Paradise Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator 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: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 0 day of Ju1X, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public Iny ISLE BOROUGH. CUMBERLAND COUNTY ConaaissW Expires Apr 28, 2014 Ws1t N-. 2p1a1436 0WO Citibank, NA as successor Trustee for The Holders of Mastr Adjustable Mortgagees Trust 2007-HF2 in a Securitization Transaction pursuant to Pooling and Servicing Agreement, Dated as of July 1, 2007 VS. Kenneth R. Roush Atty.: Terrance McCabe ALL THAT CERTAIN tract of land with the improvements thereon erect- ed, SITUATE in Middlesex Township (formerly North Middleton Townshia) Cumberland County, Pennsy numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follows: ING on the TRACT o. 113 Gon the East by North Paradise Road; on the South by line No. 139', North ooffa on parallel to and 5 feet Northern line the Northern 45 feet of the West by Lot No. 111. CONTAINING 45 feet in front on line said Paradise from the Western Westwardly thereof at an even width the distance rn of 148.2 feet and being _ 45 feet of Lot No. 138 as 8h'? on said Plan Lots' Lots No. 139 and TRACT NO. 2: Lo 5 foot strip 140 and the Southern getrow of Lot no. 138 of thew iica h Plan is Revised Plan of Lots, der recorded in they Office of Cumberland of Deeds in lvania in Plan Book No. 3,County,PagPee 103 and being subleof to the restrictions hav ng a frontage said Planof Lots; d ex- on paradise Roadri of?73 2 feet fee tenBEINGaPARCEL NO.*. 21-22- 0119-074• KNOWN AS 14 Para- BEING Carlisle, Pennsylvania disc Drive, 17013. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Z4ePatr1*ot,wXtws Now you know 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 l - Sworn to and' ubscribed before met"tkfis 05 d94 of August, 2010 A.D. Notary Public COMMONW - LTH OF PENNSYLVANIA Notarial Seal FLower rre L Kisner, Notary Public Paxton Twp, Dauphin County MIssion E xplres Nov. 26, 2011 le nbti '°''^ s'ti'anr association of Notaries Writ 140.201.0-1435 Civii Term Cilantc, NA as Successor Trustee for The Hollers of Mastr Trust Adpast" M 20749* In +M SpoWoution TrWWAW00tunt1o Pooling and Set*rAng Agrmmwvt, Dated as of July 1, 2007 Vs Kenneth R. Roush Atty: Terrance McCabe 9LL THAT CERTAIN tract of land with the improvements thereon erected, SITUATE in Middlesex Township (formerly North Middleton Township) Cumberland County, Pennsylvania. numbered according to the Dale Fetrow Revised [']an of Lots, which said Plan is recorded it the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3. Page 103, hounded and described as follows: TRACT NO. 1: BEGINNING on the North by Lot No. 137_ on the Past by Paradise Road; or the South by line parallel to and 5 feet North of the Northern line of Lot No. 139; and on the West by the Northern 45 feet of Lot No. 111. CoNTALNINC 45 feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of 148.2 feet and being the Northern 45 feet of Lot No. 138 as shown on said Plan of Lots. TRACT NO. 2: Lots No. 139 and 140 and the southern 5 foot strip of Lot no. 138 of the Dale F'etrow Revised Plan of Lots, which Plan ie recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 3, Page 103, and being subject to the restrictions as they appear of said Plan of Lots; having a frontage on Paradise Road of 105 i': et and extending to a depth of 173.2 feet. BEING PARCEL NO.: 21-22-0119-074 BEING KNOWN AS 14 Paradise Drive, Carlisle Pennsylvania 17013. McCABE, WEISBERG& CONWAY, P.C. BY: Christine L. Graham, Esquire Attorney for Plaintiff Identification No. 309480 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 2002-3 Plaintiff No. 10-1435 V. Kenneth R. Roush -- 0 a CD Defendant Mal -T � : }a MOTION TO AMEND COMPLAINT Plaintiff, Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 (hereinafter"Plaintiff'), by and through its attorneys, McCabe, Weisberg & Conway, P.C., hereby moves,pursuant to Rule 1033 Pa. R. C. P.,,to amend its Complaint in this matter and in support thereof avers as follows: 1. On March 1, 2010, Plaintiff instituted this action against Defendant Kenneth R Roush by the filing of a Complaint in mortgage foreclosure. 2. Defendant Kenneth R Roush failed to respond to the Complaint, and Judgment by Default was entered against him on April 7, 2010. 3. Subsequent thereto, Plaintiff became aware that several federal tax liens are attached to the subject property, which liens include the following: a. United States vs. Kenneth R Roush; IRS Docket No. 2007-01718; filed March 29, 2007 in the amount of$199,681.90 b. United States vs. Kenneth R Roush; IRS Docket No. 2007-04972; filed August 21, 2007 in the amount of$42,102.75 C. United States vs. Kenneth R Roush; IRS Docket No. 2008-04602; filed July 31, 2008 in the amounf of$29,336.51 d. United States vs. Kenneth R Roush; IRS Docket No. 2009-07968; filed November 16, 2009 in the amount of$17,719.82 e. United States vs. Kenneth R Roush; IRS Docket No. 2010-04636; filed June 14, 2010 in the amount of$14,688.34 4. As a result of the foregoing, the Complaint must be amended to add The United States of America as a Defendant in this foreclosure action. 5. Pennsylvania Rule of Civil Procedure 1033 states in its pertinent part: "a party... by leave of Court,may at any time change the form of action, correct the name of a party or amend his pleading...an Amendment may be made to conform the pleading to the evidence offered or submitted." 6. Accordingly, Plaintiff seeks leave of court to amend its Complaint in this matter to add the United States of America as a Defendant in this foreclosure action. A true and correct copy of the Amended Complaint which Plaintiff proposes to file if granted leave to amend is attached hereto and incorporated herein by reference. 7. Plaintiff requests that the filing of the Amended Complaint shall not expand the response time of Defendant, Kenneth R Roush, mortgagor, whose response time has expired as to the originally filed Complaint and a valid Default Judgment has been entered. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff's Motion to Amend its Complaint in Mortgage Foreclosure in this matter to add The United States of America as a Defendant as set forth in the proposed Amended Complaint. McCABE, WEISBERG & CONWAY,PC By: CHRISTINE L. GRAN ESQUIRE Attorneys for Plaintiff McCABE,WEISBERG & CONWAY, P.C. BY: Christine L. Graham,Esquire Attorney for Plaintiff Identification No. 309480 123 South Broad Street, Suite 1400 .Philadelphia, Pennsylvania 19109 (21 5) 790-1010 Citibank, N.A., As Trustee For Chase CUMBERLAND COUNTY Funding Mortgage Loan Asset-Backed COURT OF COMMON PLEAS Certificates, Series 2002-3 Plaintiff No. 10-1435 v. Kenneth R Roush Defendant MEMORANDUM OF LAW IN SUPPORT OF MOTION TO AMEND COMPLAINT Pursuant to Rule 1033 of the Pennsylvania Rules of Civil Procedure, A party... by leave of court,may at any time change the forni of action, correct the name of a party or amend his pleading... An amendment may be made to conform.the pleading to the evidence offered or admitted. It is well settled under Pennsylvania case law that the decision to grant or deny permission to amend a pleading is a matter of judicial discretion. See Pilotti v. Mobil Oil Corp., 565 A.2d 1 1227, 1229 (Pa. Super. 1989);Schroeder v. Acceleration Life Ins., 547 A.2d 1184, 1185 (Pa. Super. 1988). Amendments are to be liberally allowed at any stage of the proceedings "in order to secure a determination of cases on their merits." Schroeder, ibid at 1185. Therefore, a petition to conform or amend a pleading should be disallowed only where surprise or prejudice to the adverse party would result. See Pilotti, supra at 1229. In this instance, Plaintiff seeks only to amend its Complaint to add the United States of America as a Defendant due to the federal tax liens attached to the subject property. No surprise or prejudice will result to the Defendant if such amendment is permitted since Defendant will have every opportunity to defend against Plaintiff's claims after the filing of such Amended Complaint. In the interest of judicial economy, it is submitted that Plaintiff's Motion to Amend Complaint should be granted and Plaintiff should be granted leave to file the attached Amended Complaint. An appropriate form of Order is attached hereto. By: c C� CHRISTINE L. GRA ESQUIRE Attorneys for Plaintiff VERIFICATION 1, Christine L. Graham, Esquire,hereby states that I am the Attorney for Plaintiff in this action, and that the statements made in the foregoing Plaintiff's Motion to Amend Complaint are true and correct to the best of my knowledge, information and belief, The undersigned understands that the statement herein is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: 7/Q0 Christine L. Graham, Esquire McCABE, WEISBERG& CONWAY,P.C. Attorneys for Plaintff Citibank,N.A.,As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3 v Kenneth R Roush:Plaintiff s Motion to Amend Complaint EXHIBIT 66A" McCABE, WEISBERG & CONWAY, P.C. BY: Christine L. Graham, Esquire Attorney for Plaintiff Identification No. 309480 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 2002-3 10790 Rancho Bernardo Road No. 10-1435 San Diego, California 92127 V. Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 -and- The 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 AMENDED COMPLAINT/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend Le ban demandado a usted en la corte. Si usted quiere against the claims set forth in the following pages,you defenderse de estas demandas ex-puestas en las paginas must take action within twenty (20) days after this siguientes,usted tiene veinte(20)dias de plazo al partir complaint and notice are served,by entering a written de la fecha de la demands y la notificacion. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a la corte en forma escrita sus claims set forth against you. You are warned that if you defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende,la judgment may be entered against you by the court corte tomara medidas y puede continuar la dernanda en without further notice for any money claimed in the contra suya sin previo aviso o notificacion. Ademas,la complaint or for any other claim or relief requested by corte puede decidir a favor del demandante y requiere the plaintiff. You may lose money or property or other que usted cumpla con todas las provisions,de esta rights important to you. dernanda. Usted puede perder dinero o sus propiedades YOU SHOULD TAKE THIS PAPER TO u otros derechos importantes Para usted. YOUR LAWYER AT ONCE. IF YOU DO NOT LISTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER,GO TO OR TELEPHONE THE SU ABOGADO INMEDIATAMENTE.SIUSTEDNO OFFICE SET FORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO,VA A O TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO, ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO,ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN 2 Liberty Avenue HONORARIO. Carlisle,Pennsylvania 17013 (800)990-9108 Cumberland County Bar Association 2 Liberty Avenue Carlisle,Pennsylvania 17013 (800)9909108 AMENDED COMPLAINT CIVIL ACTION/MORTGAGE FORECLOSURE 1 Plaintiff is Citibank,N.A.,As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Kenneth R Roush, who is the mortgagor and real owner of the mortgaged property hereinafter described,and his/her last-known address is 14 Paradise Drive,Carlisle, Pennsylvania 17013. 3. On August 9, 2002, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Chase Manhattan Mortgage Corp. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1768,Page 1793. The mortgage was re-recorded on August 21,2002 in Mortgage Book 1769,Page 1212,such Mortgage being incorporated herein by reference pursuant to Rule 1019{g)Pa. R. C. P. 4. On March 29,2007,the Defendant,The United States ofAmenica,acquired a lien against the premises hereinafter described in the sum of$199,681.90,subordinate to the mortgagee referred to herein,by reason of Federal Tax Lien,No.2007-01718,in favor ofThe United States of America against Kenneth R Roush, which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "A." 5. On August 21, 2007, the Defendant, The United States of America, acquired a lien against the premises hereinafter described in the sum of$42,102.75, subordinate to the mortgagee referred to herein, by reason of Federal Tax Lien, No. 2007-04972, in favor of The United States of America against Kenneth R Roush,which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "B." 6. On July 31,2008,the Defendant,The United States of America,acquired a lien against the premises hereinafter described in the sum of$29,336.51, subordinate to the mortgagee referred to herein,by reason of Federal Tax Lien,No.2008-04602,in favor of The United States of America against Kenneth R Roush, which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "C." 7. On November 16, 2009, the Defendant, The United States of America, acquired a lien , against the premises hereinafter described in the sum of$17,719.82, subordinate to the mortgagee referred to herein, by reason of Federal Tax Lien, No. 2009-7968, in favor of The United States of America against Kenneth R Roush,which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "D." 8. On June 14,2010,the Defendant,The United States of America,acquired a lien against the premises hereinafter described in the sum of$14,688.34, subordinate to the mortgagee referred to herein,by reason of Federal Tax Lien,No.2010-04636,in favor of The United States of America against Kenneth R Roush, which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "E." 9. The aforesaid mortgage was thereafter assigned by Chase Manhattan Mortgage Corp. to Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, by Assignment of Mortgage, which is recorded in the Office of the Recorder of Cumberland County as Assignment of Mortgage Instrument Number 201011908, such Assignment being incorporated herein by reference pursuant to Rule 10 1 9(g) Pa. R. C. P. 10. The premises subject to said mortgage is described in the mortgage attached as Exhibit "F" and is known as 14 Paradise Drive, Carlisle, Pennsylvania 17013. 11. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October 1, 2009 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. 12. The following amounts are due on the mortgage: Principal Balance $ 62,979.84 Interest through February 23, 2010 $ 3,285.33 (Plus $18.76 per them thereafter) Attorneys Fee $ 1,250.00 Late Charges $ 31.12 Corporate Advance $ 265.00 GRAND TOTAL $ 67,81 1.29 13. 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 in rem Judgment against the Defendant in the sum of $67,811.29,together with interest at the rate of$18.76 per them and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. By Christine L. Graham, Esquir 'v f Plaintiff Esquir Attorney for l 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 unswom falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Christine L. Graham, Esqu re Attorney for Plaintiff MAR. 2, 2010 6:43AM OLDREPUBLICTITLE NO. 1633 P, 37 Uz/zb/z161kj 1b:;3( 570-374-4761 HARVEY P MURRAY JR PAGE 11/23 15131.103012010 Cumberland County Fx=lionotdry I x Ofl:lue Page I PYS510 Civil Case Print 2007-01718 TJ S TREASURY DEPARTMENT (VS) ROUSH KENNETH R Reference No, , : Filed. . . . . . . . . 3/292007 Case Type. . . . . . FEDERAL TAX LIEN Time— . . . . . . . : ffl06 Zujgment. . . . . . 197681.90 ftecution Date 0/00/0000 Ju. ge Assied: Jury Trial Disposed Disc. ; n toposed Date. 0/00/0000 --------- -- Case Comments ------------- Hgher Crt I. : Higher Crt 2. : General index Attorney Info U S TREASURY DEPARTMENT PIAINTIFF PITTSBURGH OFFICE ROOM $08 1000 L128RTY AVE PITTSBURGH PA 15222 9974 ROUSH KENNETH*R DEFENDANT 14 PARADISE DR CARLISLE PA 17015 9725 Judgment index Amount Date Desc ROUSH KENNETH R 197, 681.90 3/29/2007 TM LIEN Date Entries - - - - - - LIEN- - THE - FIRST ENTRY - - - - - - - - - - - - - - 3/20/2007 P21)ERAL TAX LIEN IN THE AMO= OF $ 197681.90 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - Escrow Infor ag;on Fees & Debits Seg Bal PVmtsT.A End Sal, FED TAX LIEN 14.00 14.00 .00 AUTOMATION PEE 5.00 5.00 00 19.00 19.00 y -00 End of Case Information MAR. 2. 2010 6:44AM OLDREPUBLICTITLE NO. 1633 P. 39 rjz1z0fz0j.0 vo:;�( 570-374-4761 HARVEY F MURRAY JR PAQE 13123 1,55.3530301201.0 Cwia�t ,.eland qount Frot1=10tary's arzice page i x§:51 30 Civil CaL Print 2007-04972 U S DEPARTMENT OF TREASMY (VS) ROUSH KEWETH R Reference No— : FzIed. . . . . 8/21 2007 Case Type. . . . . FEDERAL TAX L129 Time. . . . . . . . . �0:36 Judgment. . . . . . 42102.75 Execution Date 0/00/0000 al�dge Assigned: Diaposed Desc, ; -------- isbosed Da JVry 'Xrial. D 0/00/0000 ---- Case comments ------------- H'Ifter Crt 1. ! H1 her Crt 2. : General index Attorney Info U S TRPASLTRY DEPARTM8.NT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBUR014 pA 13222 9974 ROUSH KENNETH R MEFZMANT 14 PARADISE DA CARLISLE PA 17015 9725 Judgment Index Amount Date Oesc ROTJSR KENNETH R 42,102 -75 8/21/2007 TAX LIEN Date Entries FIRST ENTRY, 8/2�/2007 FEDERATE TAX L EN- T I- -I,E AMOUNT- - - OF $42102 .15 - - - - - - - - - - - - - - LAL5T ENTRY - - - - - - - - - - - - - - Esc Ow Tnf!(!)rMatiQr1 Fees & Dehits Bev Bay Prts/A% z;nd Ral FED TAX LIEN 14.00 14.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ --- -------- 1.s.00 19-00 .00 End of Case Information 'k MAR. 2. 2010 6:45AM OLDREPUBLICTITLE NO- 1633 P. 41 Uzf 40e'&rj.Lrj .La;ye 577-dt4-4tb1 HARVEY P MURRAY JR PAGE 15/23 15152303012010 152303012010 Cumberletn County Protho n otay r 'a Office page 1 PYS510 Civil Case Print 2008-04602 U S TREASURY DEPARTMENT (vs) ROUSH KENNETH R Reference Xo— i Filed. . 7/31/2008 Case 'Type. . . . . . FEDERAL TAX LIEN Time, . . . .. . .. . .. .. .4 12:54 Judgment. ; . . . . 29336.51 Execution Bate 0/00/0000 c Ju-,ge Assigned: Jury TrAal. . a D,�poa ed Dezc, ; Die ose Date. 0/00/0000 ------------ Case Comments ------------- - Higher Crt I. : Higher Crt 2. ; General Index Attorney Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM $08 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 ROUSH XENNSTH R DEFENDANT 14 PARADISE DR CARLISLE PA audgment Index Amount Date Deac ROUSH KENNETH R 29,336.51 7/31/2008 TAX LIEN Date Entries - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 7/31/2006 FEDERAL TAX LIEN 19 THZ AMOUNT OF $29336.51 - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - Escrow Infor ation Fees & Debits Beg, Bal *P t137Adj*.****11nd Bal FED TAX LIEN 14.00 14.00 .00 AUTOMATION FEE 5.00 5100 .00 ------------------------ -------- 19,00 19.00 00 End of Case Information MAR, 2, 2010 6:46AM OLDREPUBLICTITLE NO. 1633 P. 48 02/28/2010 15:37 570-374-4761 HARVEY P 14URRAY JR PAGE 22/23 15192303012010 Cuttib�,L'14saq CVUXIUy ft'VLka 1ULacy 'S 0MC-5 page I PY6510 Civil Case Print 2009-07968 U 9 TREASURY DEPARTMENT (vs) ROUSH KENNETH R Reference NO. . 1 Filed. . . . . . . . : 11/16/2009 Case Type. . . . . . FEDERAL TAX LIEN Time 3:24 Ju meat. . . . . . 17719.82 Execution Date 0/00/0000 Jude gg Assigned: J,4ry Tr " Disposed Deso. 14: Dis OS Date. 0/60/6000 ----------- Case Comments -------- --- z59 ex Crt 1. : Higher Crt 2 . : General Index Atttrney Iu9Q U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 ROUSH KENNETH R DEFENDANT 14 PARADISE DR CARLISLE PA 17015 9725 Judgment Index Amount Date Desc ROUSH PXMM R 17,719.82 11/16/2009 TAX LIEN Date Eatries - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 11/16/2009 FEDERAL TAX LIEN IN THE AMOUNT OF $17719.82 - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - Escrow Xnfo ation Fees & Debits B(tq Bal Prmt,87Adi End Sal FED TAX LIEN 14.00 ' 14.00 .00 AUTOMATION FEE 5.00 5.00 00 19.00 19,00 .00 End of Case Information search -OR26646 Bring Down.pdf Page 15 08/30/2010 13:09 570-374-4761 HARVEY P MURRAY JR PAGE 16/16 3621 Department of the Treasury-internal Revenue Service Form 668 2004) Notice of Federal Tax Lien IRev.Fe6ruery 20041 Area: Serial Number For Optional Use by Recording Office SMALL SUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 674118710 As provided by section 6321, 6322,and 6323 of the Internal Revenue lO 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.Therefore, there is a tiers 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. �, _fr CM 151T Name of Taxpayer XENNST'H R ROUSH t= :a 4 Residence 14 PARADISE DR •- �., .CARLISLE, PA 17015-9725 IMPORTANT RELEASE INFORMATION-For each assessment listed below, v= unless notice of the lien is refiled by the date given in column(e),this notice shall, on the day fdllowing such date, operate as a certificate of release as defined �4•DA poI• ((�i f e�:yGt�ifi in IRC 6325(8). Tax Period pate of Last Day for Unpaid Balance Kind of Tax Ending identifying Number Assessment Refiling of Assessment a) b c d e 1040 12/31/2009 XXX-XX-9812 05/31/2010 06/30/2020 14688.34 Place of Filing Prothonotary Cumberland County Total $ 14688.34 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI on this, the 02nd day of July 2010 Signature A Title 1tEVENIIS OFFICER 22-06-1418 for JAKOB PEDERSEN (717) 777-9621 (NWIL:Certificate of officer authorized by law to take ocknowledgmont la not owen6al to the validity of Notice of Federal Tax Nen Rev Rul.71-466,1971-2 C.B.409) Part I-Kept By Recording pmce Form 668(lr)(c)(Rev.2.2004) CAT.NO 60025X EXHIBIT "A" -- PILE NO. 1121387 ALL that certain tract of land situate in Middlesex Township, (formerly North Middleton Township) Cumberland County, Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follove: TRACT NO. 1 : BEGINNING on the North by Lot No. 137; on the East y Parad-ise Road; on -the Sauth- tg-11ne perall'el to-and-five--(5'}- feet North of the Northern line of Lot No. 139; and on the West by the Northern -forty—five 145) feet of Lot No. 111 . CONTAINING forty-five (45) feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of one hundred forty-eight and two tenths (148.2) feet and being the Northern forty-five (45) feet of 'Lot No. 138 as shown on said Plan of Lots. ' TRACT NO. 2: Lots No. 139 and 140 and the Southern five (5) foot strip of rot No. 138 of the Dale Petrov Revised Plan of Lots, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No-. 3, Page 103, and being subject to the restrictions as they. appear on said Plan of Lots; having a frontage on Paradise Road of One Hundred Five (105) feet and extending to a depth of One Hundred Seventy-three and two tenths (173.2) feet. SKI769PG1228 8K1768PG1809. McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: Christine L. Graham, Esquire Attorney Identification.No. 309480 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 2002-3 Plaintiff No. 10-1435 V. Kenneth R Roush Defendant CERTIFICATE OF SERVICE I, Christine L. Graham, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing Plaintiff's Motion to Amend Complaint was served on the following persons on the 74"- day of May, 2013 by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: Kenneth R Roush The United States of America 14 Paradise Drive c/o United States Attorney for the Middle Carlisle, Pennsylvania 17013 District of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 DATE: —S 7/00/-3 Christine L. Graham, Attorneys for Plaintiff o/^A MCCABE, WEISBERG AND CONWAY,P.C. BY: Christine L. Graham, Esquire Identification Number 309480 Attorney for Plaintiff 123 South Broad Street, Suite 1400 Philadelphia,PA 19109 (215) 790 - 1010 Citibank,N.A., As Trustee For Chase CUMBERLAND COUNTY Funding Mortgage Loan Asset-Backed COURT OF COMMON PLEAS Certificates, Series 2002-3 Plaintiff No. 10-1435 V. 'Q3 w 0 may ?'+l 3MA Kenneth R Roush c r <v Defendant ° ; C, ,- s o t� RULE TO SHOW CAUSE AND NOW, this ,� day of 2013 upon consideration of plaintiff s Motion to Amend Complaint ("the petition") in this matter, it is hereby ORDERED that: 1) a RULE is hereby issued against defendant KENNETH R ROUSH to show cause why the plaintiff, CITIBANK, N.A., AS TRUSTEE, is not entitled to the relief requested; 2) The Defendant, if seeking to contest Plaintiff's Petition, shall file and contemporaneously serve on Defendant an Answer thereto on or before__�_la 3l d d/3 IF .r V Lam• 3) the petition shall be decided under Pa. R. C. P. No. 206.7; 4) If an answer is filed to the petition, argument shall be held crrrftF "k County Courthouse, Carlisle,P3_;_apd__ 0-'-p i 5) - notice of the entry of this Order shall be provided to all parties by the petitioner. BY THE COURT: J. Cc-Kenneth R Roush ,-'Me United States of America c/o United States of America for the Middle District of Pennsulvania Court Administration McCABE,WEISBERG AND CONWAY,P.C. BY: Christine L. Graham, Esq. Attorney for Plaintiff Attorney ID # 309480 123 South Broad Street, Suite 1400 Philadelphia,PA 19109 215 790-1010 Citibank,N.A., As Trustee For Chase Fund- CUMBERLAND COUNTY ing Mortgage Loan Asset-Backed Certifi- COURT OF COMMON PLEAS cates, Series 2002-3 Plaintiff No. 10-1435 _ V. - rxi Kenneth R Roush Defendant MOTION FOR RULE ABSOLUTE Plaintiff, CITIBANK,N.A.,As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, by and through its attorneys, McCabe, Weisberg & Conway,P.C., hereby moves for a Rule Absolute in regard to its Petition Under Rule 229(c)Pa. R. C. P. To Motion to Amend Complaint in this matter, and in support thereof avers as follows: 1. On May 9, 2013,plaintiff filed its Motion to Amend Complaint in this matter. 2. On May 7, 2013,plaintiff served copies of such Motion on a defendant as set forth in the Certificate of Service filed with such Motion. 3. On May 10, 2013,this Court entered an Order and Rule To Show Cause entering a Rule against defendants to show cause why the relief requested by plaintiff in such Petition should not be granted. Such Rule To Show Cause further directed that such rule was made returnable on or before May 31, 2013 of such Order. 4. On May 10, 2013,the Prothonotary of Cumberland County served all defendants with a copy of such Order and Rule to Show Cause, a copy of such Rule to Show Cause being attached hereto as Exhibit"A" and incorporated herein by reference. 5. As of the date of this motion, counsel for plaintiff has not been served with any answer or response to such Motion to Amend Complaint nor is counsel for plaintiff aware of any such answer or response having been filed with the court. WHEREFORE, Plaintiff requests this Honorable Court to grant this motion for rule absolute and to issue an Order granting Plaintiff leave to proceed with further proceedings in this matter. An appropriate form of Order is attached hereto. Respectfully submitted, McCABE, WEISBERG& CONWAY, P.C. By: e Christine L. Graham, Esq Attorney for Plaintiff °1 1 �. McCABE,WEISBERG AND CONWAY,P.C. BY: Christine L. Graham,Esquire Attorney for Plaintiff Identification Number 309480 123 Soutli Broad Street,Suite. Philadelphia,PA 19109 (215) 790- 1010 Citibank,N.A.,As Trustee For Chase CUMBERLAND COUNTY Funding Mortgage Loan Asset-Backed COURT OF COMMON PLEAS Certificates, Series 2002-3 Plaintiff No. 10-1435 f_01 V. rn rt, --,r- M Kenneth R Roush -<> o CD Defendant C:) RULE TO SHOW CAUSE AND NOW, this day of /11_/X1 2013, upon consideration of plaintiff's Motion to Amend Complaint ("the petition")in this matter, it is hereby ORDERED that: 1) a RULE is hereby issued against defendant KENNETH R ROUSH to show cause why the plaintiff, CITIBANK,N.A.,AS TRUSTEE, is not entitled to the relief requested; 2) The Defendant,if seeking to contest Plaintiff s Petition, shall file and 0 % e b e -311 contemporaneously sery n -, Z-144 it or 3) the petition shall be decided under Pa. R. C. P,No. 206.7; 4) if an answer is filed to the petition, argument shall be held<rm Th7 ";91 _�.� fl� zi1��-1:t{too►�r------.'o��l�e-C--i�ri�ibcrlaiad,. Count Courthouse, Carlisle 5) notice of the entry of this Order shall be provided to all parties by the petitioner, BY THE COURT: J. Cc:Kenneth R Roush The United States of America c/o United States of America for the Middle District of Pennsulvania Court Administration MeCABE,WEISBERG AND CONWAY,P.C. BY: Christine L. Graham,Esq. Attorney for Plaintiff Attorney ID # 309480 123 South Broad Street,Suite 1400 Philadelphia,PA 19109 (215) 790-1010 Citibank,N.A., As Trustee For Chase Fund- CUMBERLAND COUNTY ing Mortgage Loan Asset-Backed Certifi- COURT OF COMMON PLEAS cates, Series 2002-3 Plaintiff No. 10-1435 V. Kenneth R Roush Defendant CERTIFICATE OF SERVICE I, Christine L. Graham,ESQUIRE,counsel for plaintiff in the within matter, do hereby certify that on the 3rd day of June, 2013,1 served copies of the foregoing Motion for Rule Absolute and proposed Order by placing the same in the United States mails, first-class,postage prepaid,addressed to the following person(s): Kenneth R Roush The United States of America 14 Paradise Drive c/o United States Attorney for the Middle Dis- Carlisle, Pennsylvania 17013 trict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Date: June 3, 2013 CHRISTINE L GRAHAM,ESQUIRE McCABE,WEISBERG AND CONWAY,P.C. BY: Christine L. Graham,Esq. Attorney for Plaintiff Attorney ID# 309480 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 Citibank,N.A., As Trustee For Chase Fund- CUMBERLAND COUNTY ing Mortgage Loan Asset-Backed Certifi- COURT OF COMMON PLEAS cates, Series 2002-3 Plaintiff No. 10-1435 V. Kenneth R Roush Defendant ORDER AND NOW, this / y of day '�/ ^h�C 2013, upon due consideration U' V I/I P of plaintiffs Motion For Rule Absolute, and any response thereto, it is hereby ORDERED and DECREED that said Motion is hereby GRANTED, and it is hereby ORDERED and DECREED that Plaintiff shall file its Amended Complaint within thirty(30) days from the date of this Order. J. Cc"Kenneth R Roush /hhe United States of America (� Court Administration ",[�2s=Qc� '` � C-+ MM LVXL -.< ��, McCABE, WEISBERG AND CONWAY, P.C. BY: Christine L. Graham, Esquire Attorney for Plaintiff Attorney Identification No. 309480 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 Citibank,N.A., As Trustee For Chase CUMBERLAND COUNTY , Funding Mortgage Loan Asset-Backed COURT OF COMMON PLEAS Certificates, Series 2002-3 r"m d-m c= �Mr- t cn r- — Plaintiff No. 1.0-1435 r-<-:r- > "` ca <� C C)n V.Kenneth R Roush Defendant PLAINTIFF'S MOTION TO AMEND ORDER Plaintiff, Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, by and through its attorneys, McCabe, Weisberg & Conway,P.C., hereby moves, pursuant to Rule 208.1 Pa. R. C. P. and Rule 229(b)Pa. R. C. P., to amend the Order of this Court of June 6, 2013, granting Plaintiff's Motion for Rule Absolute and ordering that Plaintiff file an Amended Complaint within thirty(30)days from the date of that Order, and in support thereof avers as follows: 1. On June 6, 2013, after proper notice to all parties of Plaintiff's Motion for Rule Absolute on its Motion to Amend Complaint, this Court entered the Order attached hereto as Exhibit "A" granting Plaintiff leave to amend its Complaint to add The United States of America as a Defendant in this foreclosure action due to several federal tax liens attached to the subject property. 2. As a result of an inadvertent error,Plaintiff's counsel failed to request that the Order provide that the filing of the Amended Complaint shall not expand the response time of Defendant Kenneth R.Roush,mortgagor,as his response time to the original Complaint had expired and a valid default judgement was entered against him. 3. Defendant Kenneth R. Roush was aware of Plaintiff's request that the Amended Complaint not expand his response time, as Plaintiff stated directly in its Motion to Amend Complaint and in the attached proposed Court order sent with the Rule to Show Cause that the response time of Defendant Kenneth R. Roush should not be expanded as a valid default judgment was already entered against him. 4. Defendant Kenneth R. Roush did not respond to the Rule to Show Cause issued on Plaintiff's Motion to Amend Complaint and has not opposed Plaintiff's Motion to Amend Complaint in any way. 5. Accordingly,Plaintiff now seeks to amend the Order entered by this Court on June 6, 2013 to the limited extent of reflecting that the filing of an Amended Complaint shall not expand the response time of Defendant Kenneth R. Roush, as stated in the proposed Order. WHEREFORE,Plaintiff requests this Honorable Court to grant Plaintiff's Motion to Amend Order and issue an Order amending the Order of this Court of June 6,2013 to reflect that the filing of the Amended Complaint shall not expand the response time of Defendant Kenneth R. Roush, mortgagor, as his response time to the original Complaint had expired and a valid default judgement was entered against him. Respectfully submitted, MCCABE, WEISBERG& CONWAY, P.C. By: Christine L. Graham, E uir Attorney for Plaintiff McCABE,WEISBERG AND CONWAY, P.C. BY: Christine L. Graham, Esquire Attorney for Plaintiff Attorney Identification No. 309480 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase CUMBERLAND COUNTY Funding Mortgage Loan Asset-Backed COURT OF COMMON PLEAS Certificates, Series 2002-3 Plaintiff No. 10-1435 V. Kenneth R Roush Defendant CERTIFICATION OF SERVICE I, Christine L. Graham, Esquire, hereby certify that a true and correct copy of the within Plaintiffs Motion to Amend Order and proposed Order, was served on the 15:Hq. day of June, 2013,by first-class mail, postage prepaid, upon the following: Kenneth R Roush The United States of America 14 Paradise Drive c/o United States Attorney for the Middle Carlisle, Pennsylvania 17013 District of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Date:Jane 3 D Christine L. Graham, Esq 're Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: Christine L. Graham,Esquire Attorney for Plaintiff Attorney Identification No. 309480 123 South Broad Street,Suite 1400 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase CUMBERLAND COUNTY Funding Mortgage Loan Asset-Backed COURT OF COMMON PLEAS Certificates, Series 2002-3 C-) Plaintiff No. 10-1435 MM =M C= V. CD CD Kenneth R Roush C-) co Defendant AMENDED 0 R Q E R 1#11Y AND NOW, this day of L7a' k,4 2013, upon due consideration of Plaintiffs Motion to Amend Court Order, and any response thereto, it is hereby ORDERED and DECREED that Plaintiffs Motion is hereby GRANTED and the ordered entered on June 6, 2013 is hereby Amended in that: Upon consideration of Plaintiff s Motion to Amend Complaint, and any response thereto, Plaintiff's Motion is hereby GRANTED and Plaintiff shall file its Amended Complaint within thirty (30) days from the date of this Order. It is further ORDERED that the filing of the Amended Complaint shall not expand the response time of Defendant,Kenneth R.Roush,mortgagor,whose response time has expired as to the originally filed Complaint and a valid Default Judgment has been entered. V_ J. Cc: Kenneth R Roush The United States of America Court Administration R4-9 C ' 1 ER S f M S cOUNV ,. ' � ►LVANI A McCABE,WEISBERG & CONWAY,P.C. BY: Christine L. Graham,Esquire Attorney for Plaintiff Identification No. 309480 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 2002-3 10790 Rancho Bernardo Road No. 10-1435 San Diego, California 92127 v. Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 -and- The United States of America c/o United States Attorney for the Middle District of Pennsylvania Federal Building 228 Walnut Street, P.0, Box 11754 Harrisburg, Pennsylvania 17108 AMENDED COMPLAINT/MORTGAGE FORECLOSURE , NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Si usted quiere against the claims set forth in the following pages,you defenderse de estas demandas ex-puestas en las paginas must take action within twenty (20) days after this siguientes,usted tiene veinte(20)dias de plazo al partir complaint and notice are served,by entering a written de la fecha de la demanda y Ia notificacion. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a Ia corte en forma escrita sus claims set forth against you. You are warned that if you defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende,la judgment may be entered against you by the court corte tomara medidas y puede continuar la demanda en without further notice for any money claimed in the contra suya sin previo aviso o notificacion. Ademas,la complaint or for any other claim or relief requested by corte puede decidir a favor del demandante y requiere the plaintiff. You may lose money or property or other que usted cumpla con todas las provisioner de esta rights important to you. demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT USTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER,GO TO OR TELEPHONE THE SU ABOGADO INMEDIATAMENTE.SI USTED NO OFFICE SET FORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO,VA A 0 TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO. ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO,ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN 2 Liberty Avenue HONORARIO. Carlisle,Pennsylvania 17013 (800)990-9108 Cumberland County Bar Association 2 Liberty Avenue Carlisle,Pennsylvania 17013 (800)990-9108 AMENDED COMPLAINT CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Citibank,N.A.,As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Kenneth R Roush, who is the mortgagor and real owner of the mortgaged property hereinafter described,and his/her last-known address is 14 Paradise Drive,Carlisle, Pennsylvania 17013. 3. On August 9, 2002, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Chase Manhattan Mortgage Corp. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1768,Page 1793. The mortgage was re-recorded on August 21,2002 in Mortgage Book 1769,Page 1212,such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 4. On March 29,2007,the Defendant,The United States of America,acquired a lien against the premises hereinafter described in the sum of$197,681.90,subordinate to the mortgagee referred to herein,by reason of Federal Tax Lien,No.2007-01718,in favor of The United States of America against Kenneth R Roush, which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "A." 5. On August 21, 2007, the Defendant, The United States of America, acquired a lien against the premises hereinafter described in the sum of$42,102.75, subordinate to the mortgagee referred to herein, by reason of Federal Tax Lien, No. 2007-04972, in favor of The United States of America against Kenneth R Roush,which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "B." 6. On July 31,2008,the Defendant,The United States of America,acquired a lien against the premises hereinafter described in the sum of$29,336.51, subordinate to the mortgagee referred to herein,by reason of Federal Tax Lien,No.2008-04602,in favor of The United States of America against Kenneth R Roush, which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "C." 7. On November 16,2009,the Defendant,The United States of America,acquired a lien against the premises hereinafter described in the sum of$17,719.82, subordinate to the mortgagee referred to herein, by reason of Federal Tax Lien, No. 2009-7968, in favor of The United States of America against Kenneth R Roush,which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "D." 8. On June 14,2010,the Defendant,The United States of America,acquired a lien against the premises hereinafter described in the sum of$14,688.34, subordinate to the mortgagee referred to herein,by reason of Federal Tax Lien,No.2010-04636,in favor of The United States of America against Kenneth R Roush, which is recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "E." 9. The aforesaid mortgage was thereafter assigned by Chase Manhattan Mortgage Corp. to Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3, by Assignment of Mortgage, which is recorded in the Office of the Recorder of Cumberland County as Assignment of Mortgage Instrument Number 201011908, such Assignment being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 10. The premises subject to said mortgage is described in the mortgage attached as Exhibit "F" and is known as 14 Paradise Drive, Carlisle, Pennsylvania 17013. 11. The mortgage is in default because monthly payments ofprincipal and interest upon said mortgage due October 1,2009 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. 12. The following amounts are due on the mortgage: Principal Balance $ 62,979.84 Interest through February 23,2010 $ 3,285.33 (Plus $18.76 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 31.12 Corporate Advance $ 265.00 GRAND TOTAL $ 67,811.29 13. 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 in rem Judgment against the Defendant in the sum of $67,811.29,together with interest at the rate of$18.76 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: Christine L. Graham, Esquir Attorney for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff,who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: ' Christine L. Graham,Esqui4 Attorney for Plaintiff Isearch-OR29846 Bring Down.pdf Page 15 08/30/2010 13:09 570-374-4761 HARVEY P MURRAY JR PAGE 16/16 3621 Department of the Treasury•Internal Revenue Service Form 668(Y)(c) Notice of Federal Tax Lien (Rev,February 20041 Area: Serial Number For Optional Use by Recording Office SMALL DU$ZNE$S/SEEP EMPLOYED AREA #2 Lien Unit Phone: (goo) 913-6050 674118710 l0 - 'i3' p'72— 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.Therefore, 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. z cam.._. Name of Taxpayer KENNETH R ROUSH ,`',. f` i'.i .� ....?;C;'1 r"• 1:-;..',7: -O .1..4i`--1 Residence 14 PARADISE DR. :-, 5r: CARLISLE, PA 17015-9725 2."...,-gi N IMPORTANT RELEASE INFORMATION:For each assessment fitted below, unless notice of the lien is raffled by the date given In column la),this notice shall, on the day following such date, operate as a certificate of release as defined ri•vf" Pet' in IRC 6325(a). i- ysNV Tax Period Date of Last Dm for Unpaid balance Kind of Tax Ending Identifying Number Assessment Reining of Assessment (a) (b) (c) (d) (e) (f) 1040 12/31/2009 XXX-XX-9812 05/31/2010 06/30/2020 14688.34 Place of Filing Prothonotary Cumberland County Total $ 14688.34 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI on this, the 02nd day of July 2010 Signature A CYrw�cc itle OFFICER 22-06-1418 for JAKOB PEDERSEN (717) 777-9621 (NOTE:Certificate of officer euthoriz*d by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev.Rul.71-466,1971-2 C.B.409) Part t-Kept ti Retain,Office Form 668(Y)(c)(Rev.2-2004) CAT.NO 60025X MAR. 2. 2010 6:43AM OLDREPUBLICTITLE NO. 1633 P. 37 01/21J/2161U 1bi3/ 570-374-4761 HARVEY P MURRAY JR PAGE 11/23 .i5131403012010 Cumberland County Protbonotary'a OrLiue9 Page 31 PY'S510 Civil Case Print 2007•-01716 U S TREASURY DEPARTMENT (vs) ROUSH KENNETH R Reference No. . : Filed • 3/29//2007 AL Case Type • FEDER TAX LIEN Time 1:06 Ju gment 197681. 90 Execution Date 0/00/0000 Judge Assigned: Jury Trial. . . . Disposed Desc. : bie osed Date. 0/00/0000 Case Comments Higher Crt 1. : Higher Crt 2. : *************************** **************************,eye************************ General Index Attorney Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 IBERTY AVE PITTSBURGH PA 15222 9974 ROUPH tSETDRR DEFENDANT 14 CARLISLE PA 17015 9725 Judgment Index Amount Date Desc ROXJSH KENNETH R 197, 681.90 3/79/2007 TLX LIEN ************************* *******+e**+M*****: ********,t**************************** * Date Entries * ****************w****************+ ************************ ********************* FIRST ENTRY 3/29/2007 FEDERAL TAX LIEN IN THE AMOUNT OF_4 197681.90 - - - - - - ******************************************************************************** * Escrow Infor. a i.an * * Fees & Debits Be g Sal Py* *e mts/Adi End B . * ******************************** ******** ***** ******+ere********************t** FED TAX LIEN 14.00 14.00 .00 AUTOMATION PEE 5.00 5.00 .00 19.00 19.00 ' -00 ******************************************************************t*****art****** * End of Case Information * ********************************; **************************x******************** NO. 1633 P. 1 MAR, 2. 2010 6 34AM OLDREPUBLICTITLE PAGE 08/18 N/28/2010 e>1:d 570 -S74-4761 HARVEY P MURRAY JR • i F ;,(8�'i3r P, ZIEOLE`R RLCORDER OF DEEDS :MCERLjf COUNTY-f .\ 'D2 6Wi3 19 RN 1126 Prepared By: Return To; Hellcat°, Betty Chase Manhattan Mortgage Corp. Atte Dotumont Control, Dept 400 10790 Rancho Bernard* &d, Safi Diego, CZ 92127 parse)Number; 21.22-0119-075 [Spree Above Thly Lie�e Per Rc ntding Data - MORTGAGE GAGE DEFINITIONS Words used in multiple sections of this document are defined below and mbar word& are deincd in Sections 3, 11, 13, 15.20 and 21. Certain colon regarding the usage of words used In this document are also provided in Section 16. (A)"Security Xastrumcnt"mars this docuanen t,which is daudaugaat 9, 2002 together with all Riders to this document_ C,6)"llorrower"is t�11t�R% R ROCSB Borrower is!lb s. mortgagor under this Security Instrument. (C)"Lender"is Chase Manhattate Mortgage Corp, Lender is a Corporation 1870105338 PENNSYLVANIA•Sin0lt7 Famrty•Fannie Moo die Mac UNIFORM INSTRUMENT Form 3039 1101 61PA1 roaeal Paq1 1 CI 16 VMP M4rrrr:AGE POPMS• C01 G7.1.7 DOI 8K 1768PG 1793 )t2010 2:37;60 PM CUMBERLAND COUNTY NO. 1633 P. 8 OLDREPUBLICTITLE HARVEY 09/18 MAR. 2. 2010 6:34AM HARVY P MURRAY JR 02/26/2010 15:21 570-374-4761 - organized and existing under the laws of New Jersey Lender's address is 343 Wheralel.7. Street Bdi.aaoti, New Zszaey 08837 Lender is the mortgagee under this Security instrument, (p)"Note"means the promissory note signed by Borrower and datecl1uguat 3, 2003 • The Note stater that Borrower owes Lender Sixty-81x Thousand and 00/100 hn Dollars (U.S.S66,004.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Paytt eats and to pay die debt in full not later than September 1, 2032 (E) "Property" means the property that is described below ceder the heading "Transfer of Rights in the Property." (()"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,pins interest, (0) "Riders" means all Riders to this Security Insumment that are executed by Borrower. The following Riders arc to be executed by Borrower(check box as applicable): [j]Adjustable Rate Rider El Condominium Rider Second Home Rider galloon Rider ❑Planned Unit Development Rider 2.4 Family Bider VA Rider (l Biweekly Payment Rider Other(s)[specify] xCerow =mound sii.der (1I) "Applicable Law" moans 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, uon•appcalablc judicial opinions. (1) "Community Association Dues,Fees,and Assessments"means all dues, fees,assessments and other charges that ate imposed on Borrower or the Property by a aondominiuwi. c seciadon, botnsowners association or similar organization. (J) "Electronic Funds Transfer" means soy transfer of funds, other than a tmtsantion originated by • *mkt draft, or similar paper instrument, which is initiated through an electronic to rninal, 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)"F.,strow Items"meant those items that are described in Section 3. (L) "I,>;iscdlancous Proceeds"means any cornpmsatlea, settlement, award of datmages,or prcccods 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 ar other taking of all or any part of the Property; (iii)cotiveyence in lieu of condemnation: or(iv)misrepresentations of.or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance"means insurance protecting Lender against the nonpaymeett of,or default On, the Loan. (re) "Periodic ruymett"means the regularly scheduled amount due for(I)principal and I>aures%under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. 0.870105838 / mlelarN�h It -6(PAI,Opoe1 Pepe 2 e'e p Form 3089 1/01 W $K1768pG1794 71e7.0f0 2:57:55 PM CUMBERLAND COUNTY NO. 1633 P. 9 OLDREPUBLICTITLE PAGE 18/18 MAR. 2, 2010 6:34AM HARVEY P MURRAY JR b1J Ytii vIsiu 15:21 670-374-4761 (0) "RE.PA"means the Real Estate Settlement Procedures Act(12'U.S.C, Section 2601 et srq.)and its Implementing regulation, Regulation X(24 C.P.R. Put 3500), as they might be amendad froth time to time,or any additional or successor legislation or regulation that governs the same subject matter.As need in this Security Instrument, "RESPA"refers to all requirements and restrlotioas that are unposed in regard to a"federally related mortgage loan" even if the Loan does not qualify as a"federally related mortgage loan"under RPSPA. (P) "Successor in!hexes*or Borrower"means any party that has taken title to the Property,whether or not that party has assumed BorroWer's obligations under the Note and/or this Security rastnunenr. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument MOMS to Lender,(1)the repayment of the Loan,and all renewals,extensions and modifications of the Note:and (II)the perfomssoco of Borrower's covenants and ta under this Security Instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convoy to Lender the following described property located i0.the Many rrype or Racordtng J dreuonl Of Cumboa;1arld (Name orwxording lurledlcdosl: See Attached Sohadul.e A which currently has the address of /4 PARADZS$ DR IS i Ca.sMZSZaH (Caryl,Pennsylvania 2,701,3 (Zip Code] ("Property Address"): TOGETHER wrni all the improvements now of hereafter erected an rice property, and all easements, appurtenances, and Writes now or hereafter a part of the propert y. Al! recur emonte aqd additions shalt also be covered by this Security Instrument. All of the foregoing is referred to in this Security i ntzuArect as the"Property." 1878105888 4IPAI r000ew a"4"a or 1e Porn 3033 1101 1( 176BpG 1 795 112010 2:57:55 PM CUMBRLANO COUNTY MAR. 2. 2010 6:35AM OLDREPUBLICTITLE NO, 1633 P. 10 02/28/2010 15:21 570-3744761 HARVEY P MURRAY JR 11118 • $- ,. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained is this Security Instrument and in any Rider executed by Borrower and recorded With It, With es: AlA n R Maus» (sue) •AOrtownr (S ) -Borrower (Seal) (Seal) 48orrewor ,I „ �---- ( ) (Seal) -Borrower -.Borrower --� (Seat) _ (Seal) -Borrower -Meower 1470205838 -6 PA)IDOaeI pop rem 76 Farm eon Vol • BKI768PG1807 I/2010 2:57:55 pht CUMBERLAND COUNTY „, MAR. 2. 2010 6:35AM OLDREPUBLICTITLE NO 1633 P. 12 • 02/26/2010 15:21 570-374-4761 HARVEY P MURRAY JR PAGE 13/18 ALL that certain tract of land situate in Middlesex Township, (formerly North Middleton Township) Cumberland COUnty, Pennsylvania, nuebe-ed according to the Dale Petrow Revised Plan of Tats, which said Plan is recorded in the OftiCe of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Hook 3, Page 103, bounded and described as follows; TRhOT NO. 1: BEGINNT.NG on the North by LOt No. 137) on the Eamt by Paradise Road; On the South by line parallel to and five (5) feet North of the Northern line of Lot No 13$; and an the West by the Northern forty-five (45) feet of. Lot NO. ili_ CON71A7(N1'NG forty-Five (45) feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distends of one hundred forty-eight and two tenths (148.2) feet and being the Northern forty-five (45) feet of Lot N'o. 13a as shown on said Plan of Lots_ TRACT NO. 2: hots N0. 139 and 140 and the Southern five (5) foot strip of Lot No. 138 of the Dale Fetrow Revised Plan of Lots, which; Plan is recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, it Plan Book No. 3, Rage 103, and being subject to the restrictions as they appear on said Plan of Long) having a frontage on Paradise Road of One Hundred Five (105) feet and extending to a depth of One Hundred Seventy-three and two tenths (193.2) feet. 112010 3:03;33 PM CUMpERLANDCOUNTY --• SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson =; : ;-U- F 1�-'rL Sheriff Jody S Smith Chief Deputy ` • ? 2613 JUL 18 AM 9: 59 Richard W Stewart UMBERLAND CUUN'1Y Solicitor ` ` PENNSYLVANIA Citibank, NA Case Number vs. 2010-1435 Kenneth R. Roush (et al.) SHERIFF'S RETURN OF SERVICE 06/28/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The United States of America, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 07/09/2013 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Susan Melendez,Administrative Assistant, who accepted for The United States of America, at 228 Walnut Street, P.O. Box 11754, Harrisburg, PA 17108. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, July 15, 2013 RON WR ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. Shelley Ruhl Jack Duignan Real Esta e Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CITIBANK,N.A. VS County of Dauphin THE UNITED STATES OF AMERICA Sheriff s Return No. 2013-T-1993 OTHER COUNTY NO. 2010-1435 And now: JULY 9, 2013 at 11:05:00 AM served the within AMENDED COMPLAINT IN MORTGAGE FORECLOSURE upon THE UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ * 1 true attested copy of the original AMENDED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FEDERAL BLDG, 228 WALNUT STREET HARRISBURG PA 17108 * ADMINISTRATIVE ASSISTANT Sworn and subscribed to So Answers, before me this 10TH day of July, 2013 Sheriff of Dauphin County, P -)P*421 By k)JLWL? IAP- COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff NOTARIAL SEAL Deputy: MICHAEL E KLINGER Karen M.Hoffman,Notary Public City ofxarrisburg,Dauphin County Sheriffs Costs: $41.25 7/8/2013 My Commission Expires August 17 2014 3 L 11 Pull THC NO TF3,,,'° CUMBERLAND COUNTY PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID#17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH L FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Citibank,N.A., As Trustee For Chase Funding Mortgage Loan Cumberland County Asset-Backed Certificates, Series 2002-3 Court of Common Pleas Plaintiff V. Kenneth R Roush and The United States of America c/o United Number 10-1435 States Attorney for the Middle District of Pennsylvania Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: P^t Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. McCABE RG C WAY,P.C. BY: [ ] Ten�e e J.McCabe,Esquire [ ]Marc S. Weisberg,Esquire [ ] Ed,17ard D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ] Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ] Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire ] Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire I J �J Joseph I.Foley,Esquire Attorneys for Plaintiff III�Ef �l c LL 2013 AUGG 26 PM 2: CUMSEPLANU COUNTY PENNSYLVANIA McCABE,WEISBERG AND CONWAY, P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-1D#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 1.23 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 2002-3 Plaintiff Number 10-1435 V. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within action,being duly sworn according to law, deposes and says that on August 14, 2013, a true and correct copy of the Complaint in Mortgage Foreclosure was served by United States certified mail,return receipt requested,upon the following: The United States of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10th and Constitution Avenues Northwest, Room 4400 Washington, DC 20530 A true and correct copy of the letter and signed green card, article number 7013 0600 0001 2948 8830, is attached hereto, made a part hereof, and marked Exhibit "A". McCABE,WEISBERG AN CONWAY, P.C. SWORN AND SUBSCRIBED BY: 6UL C� [ ] Terrence J.McCabe,Esq. [-4-Tqa-rc S. Weisberg,Esq. BEFORE ME THIS 21 DAY [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. qq [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. OF cis T , 2013 [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq. ^nom [ ] Joseph I.Foley,Esq. NOTARY PUBLIC Attorneys for Plaintiff C0Mt40NWEALT11 OF F'rsi_rir_. _At't A ENOTARIAL SEAL MAIA KUSHICKNotary Publ'�c of Philadelphia,Phda.�0;2017 mmission Expires May EXHIBIT A ' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY C- .'4 ■ Complete items 1,2,and 3.Also Complete 0" A-Tgnature item 4 if Restricted Delivery is desired.16-57 • Print your name and address on the reverse� x El Agent so that we can return the card to you. Addressee • Attach this card to the back of the mailpiece, e Received by(Printed Na 'e) 101 ate of Delivery or on the front if space permits. 1. Article Addressed to: D. I, delivery address d m 0 Yes If YES,enter delivery address below: ❑No The United States of America Attorney General of The United States �4 United Stag Department of Justice 101"and Constitution Avenues Northwest,RM.4400 3.,�,Sqge,rvice Type Washington,D.C.20530 A Certified Mail ❑Express Mail ❑Registered �Return Receipt for Merchandise - ❑Insured Mail ❑C.O.D. 4. Restricted Delivery? Fee) ❑Yes 2. Article Number — - (Transfer from service label) 70,13 06110 _0 0] 2 g 4 8 l 8 8 3 0 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1640; LAW OFFICES McCABE,WEISBERG & CONWAY,P.C. SUITE 210 SUITE 1400 SUITE 303 145 HUGUENOT STREET 216 HADDON AVENUE NEW ROCHELLE,NY 10801 123 SOUTH BROAD STREET WESTMONT,NJ 08108 (914)-636.8900 PHILADELPHIA,PA 19109 (856)858-7080 FAX(914)636-8901 (215)790-1010 FAX(856)858-7020 SUITE 202 FAX(215)790-1274 SUITE 100 4021 UNIVERSITY DRIVE 30 BUXTON FARMS ROAD FAIRFAX,VA 22030 STAMFORD,CT 06905 (866)656-0379 (203)992-8200 FAX(301)490-1568 FAX(855)425-1979 SUITE 800 _ July 16,2013 SUITE 130 312 MARSHALL AVENUE DELAWARE CORPORATE CENTER I LAUREL,MD 20707 ONE RIGHTER PARKWAY (301)490-3361 WILMINGTON,DELAWARE 19803 FAX(301)490-1568 (302)409-3520 Also servicing the District oPColumbia FAX 855425-1980 The United States of America Attorney General of the United States United States Department of Justice 10th and Constitution Avenues Northwest Room 4400 Washington,DC 20530 Re: Citibank,N.A.,As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3 v.Ken.neth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Cumberland County;Court of Common Pleas;Number: 10-1435 Dear Attorney General of the United States, Enclosed please find a true and correct copy of the Complaint in Mortgage Foreclosure,the original of which has been duly filed of record with the Court. Very truly yours, Diana Metobo, For McCabe,Weisberg and Conway,P.C. /dmEnclosure SENT VIA CERTIFIED MAIL NUMBER 7013 0600 0001 2948 8830 This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L; ;[._g)-OFFICE Sheriff ,°t�. THE PP1C�Ts���� t�r� �r�v b4�:t�rairr Jody S Smith } it�,� 2� Chief Deputy 2013 10* Richard W Stewart ' `"" CUMBERLAND COtl143'1v. Solicitor _ ' € : PENNSYLVANIA Citibank, NA Case Number vs. Kenneth R. Roush (et al.) 2010-1435 SHERIFF'S RETURN OF SERVICE 08/26/2013 Sheriff Ronny R Anderson, being duly sworn according to.law, states he made diligent search and inquiry for the within named Defendant to wit: Kenneth R. Roush, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 14 Paradise Drive, Middlesex Township, Carlisle, PA 17015. Several attempts at service were made but deputies were unable to make contact with anyone at the residence, therefore they were unable to effectuate service before the Complaint expired. SHERIFF COST: $48.80 SO ANSWERS, August 26, 2013 RbNW R ANDERSON, SHERIFF (c)CoumySui'to Shorf',Toleosoft.Inc. McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID#17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 mc1:1 o -r BRIAN T.LAMANNA,ESQUIRE-ID#310321 e .. ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 > JOSEPH I.FOLEY,ESQUIRE-ID#314675 „ `? CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 c- 123 South Broad Street,Suite 1400 A 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 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America do United States Attorney for the Middle District of Pennsylvania Defendants MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Amended Complaint in Mortgage Foreclosure upon the Defendant, Kenneth R. Roush, at his last-known address of 14 Paradise Drive, Carlisle, Pennsylvania 17013. The process server was not able to serve the Defendant because there was no answer at said address after several attempts. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit"A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430,Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". 3. As a result of the investigation,a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. 5. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 6. If service cannot be made on the Defendant,Kenneth R. Roush,the Plaintiff will be prejudiced. WHEREFORE,Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Amended Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriffs Sale, upon the Defendant, Kenneth R. Roush, by regular mail; certified mail,return receipt requested,and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 14 Paradise Drive, Carlisle, Pennsylvania 17013. McCABE,WEISBE G AND CONWAY,P.C. BY: [ ] Terrence J. Cabe,Esquire [ ] Marc S.Weisberg,Esquire [ ] Edward D. Conway,Esquire [—j'Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire [ ] Marisa J.Cohen,Esquire [ ] Christine L.Graham,Esquire [ ] Brian T.LaManna,Esquire [ ] Ann E. Swartz, Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I. Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE- ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 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 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 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE,WEISBERG AND CONWAY,P.C. BY: [ ] Terrence J McCabe,Esquire [ ] Marc S. Weisberg,Esquire [ ] Edward D. Conway,Esquire _IA-Margaret Gairo,Esquire [ ] Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire [ ] Marisa J.Cohen, Esquire [ ] Christine L. Graham,Esquire [ ] Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ] Joseph F.Riga,Esquire [ ]Joseph I. Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 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 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 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, eN postage prepaid, on the ok day of October, 2013, upon the following: Kenneth R. Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 McCABE,WEISBERG AND CONWAY,P.C. , �" BY: �p '"�c 2 [ ] T e ce J cCabe,Esquire [ ] Marc S. Weisberg,Esquire [ ] Edward D.Conway, Esquire l (Margaret Gairo,Esquire [ ]Andrew L. Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ] Marisa J.Cohen,Esquire [ ] Christine L.Graham,Esquire [ ] Brian T.LaManna,Esquire [ ] Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG AND CONWAY,P.C. BY: ]Te ence Jr McCabe,Esquire [ ]Marc S. Weisberg,Esquire [ ] Edward P. Conway,Esquire [i]'IGlargaret Gairo, Esquire [ ]Andrew L.Markowitz, Esquire [ ] Heidi R. Spivak,Esquire [ ] Marisa J. Cohen,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T. LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F. Riga,Esquire [ ]Joseph I. Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Citibank,N.A.,As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 v.Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Cumberland County;CCP;Number 10-1435 File Number:47803 EXHIBIT A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 7 Sheriff Otiov iii Q;ati bti.�, Jody S Smith 06 Chief Deputy Richard W Stewart • Solicitor i:F s.t•F.-IF.F Citibank, NA vs. Case Number • Kenneth R. Roush (et al.) 2010-1435 SHERIFF'S RETURN OF SERVICE 08/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kenneth R. Roush, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 14 Paradise Drive, Middlesex Township, Carlisle, PA 17015. Several attempts at service were made but deputies were unable to make contact with anyone at the residence, therefore they were unable to effectuate service before the Complaint expired. SHERIFF COST: $48.80 SO ANSWERS, August 26, 2013 RONNY R ANDERSON, SHERIFF • ;r,)Cour!,Sul to 6nsntt,"i cleoeoft nC.. EXHIBIT B AFFIDAVIT OF GOOD 1 1"1 'I 11"' 11111 11111 FAITH 11111 I liii liii INVESTIGATION *130800* File#:116-5722PA Subject: Kenneth R.Roush Last-known Address: 14 Paradise Drive,Carlisle,PA 17013 STATE OF NEW YORK e • i It COUNTY OF SUFFOLK ss.: i rwa. ■ Lisa Rivera,the undersigned,being duly sworn,deposes and says that I am over the age of eighteen and not a party to this action. I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the Kenneth R.Roush at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date DueDil jgence Remarks 09/17/2013 PROPERTY 14 Paradise Drive, Carlisle,PA 1 7013 ADDRESS: INQUIRY OF LOCAL Directory Assistance:The subject has a 09/17/2013 TELEPHONE telephone listing for the above stated last-known COMPANY: address.Search results found the number of (717)249-8368 associated with the subject. Search results show the subject resides at the 09/17/2013 INTERNET SEARCH: above stated last-known address. Search results provided the telephone number of(717) 249-8368 associated with the subject. 09/17/2013 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. LOCAL TAX Search was unable to confirm a mailing address 09/17/2013 RECORD INQUIRY: for the subject at the above stated property address. I,Lisa Rivera,reviewed and signed this affidavit on 09/18/2013. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge,information and belief. .41° I - Savor and ubscribed before me on X rP" ,2 _. F'' era Attorney Outsourcing Support Services, Inc. LIC#1421841 1 Huntington Quadrangle, Suite 2SO4 Melville,NY 11747 Notary Public, Firm Ref# 116-5722PA McCabe,Weisberg&Conway,P.C.CID#28 123 S.Broad Street RITAMASTRANGELO Philadelphia,PA 19109 Notary Public,State of NEW YORK 01MA6055607 Ctualitied in Nassau County t ► Expires,FEBRUARY 26, ci Page 1 of 3 Ali IRbsearch Person Search Results Records: 1 to 25 of 25 Search Terms Used - SSN: 184-50-xxxx; All Full Name Age/DOB Address Dates Phone Information 1. KENNETH R ROUSH 54 14 PARADISE DR Sep 79•Aug 13 717-249-8368•EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 ROUSH'S KEN HAULING 184-50-xxxx LexID:2208187722 We Also ❑ Phones Plus ❑ Property Records ❑ Email Address Found: 2. KENNETH P ROUSH 54 14 PARADISE DR Aug 91-2012 717-249-8368•EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 ROUSH'S KEN HAULING 184-50-xxxx LexID:2208187722 3. KENNETH R RUSH 54 14 PARADISE DR Aug 91-Feb 11 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 4. KENNETH ROUSE 54 14 PARADISE DR Apr 09 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 5. KEN ROUSH 54 14 PARADISE DR Apr 08 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 6 KEN HAULING ROUSHS 54 14 PARADISE DR May 00 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 7. KENNETHE R ROUSH 54 1437 TRINDLE RD Mar 13 Gender:Male Nov xx,1958 CARLISLE PA 17015-9739 184-50-xxxx LexID:2208187722 8. KENNETH R ROUSH 54 1760 W TRINDLE RD 2002.2012 717-620-8220•EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9757 HUTCHISON CONSTANC 184•50•xxxx LexID:2208187722 9 KENNETH R ROUSH 54 10 PARADISE DR Jan 96.2012 717-249-8368-EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 ROUSH KENNETH 184-50-xxxx LexID:2208187722 1 O. KENNETH R ROUSH 54 1437 TRINDLE RD Jan 96-Mar 11 717-249-8368•EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9739 ROUSH KENNETH 184-50-xxxx LexID:2208187722 https://secure.accurint.com/app/bps/main 9/17/2013 Page 2 of 3 11. KEN ROUSH 54 1760 W TRINDLE RD Sep 10 Gender:Male Nov xx,1958 CARLISLE PA 17015-9757 184-50-xxxx LexID:2208187722 12. KEN ROUSH 54 1437 TRINDLE RD Jan 09-Dec 09 Gender:Male Nov xx,1958 CARLISLE PA 17015.9739 184.50-xxxx LexID:2208187722 13. KENNETH P ROUSH 54 14 PAR 14 Feb 08 Gender:Male Nov xx,1958 CARLISLE PA 17015 184-50-xxxx LexID:2208187722 14. KENNETH R ROUSH 54 14 PAR 14 Feb 08 Gender:Male Nov xx,1958 CARLISLE PA 17015 184-50-xxxx LexID:2208187722 15. KENNETH R RUSH 54 14 PAR 14 Feb 08 Gender:Male Nov xx,1958 CARLISLE PA 17015 184-50-xxxx LexID:2208187722 16. KENNETH R ROUSH 54 19 PARADISE DR Dec 06-Jan 08 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 17. KENNETH P ROUSH 54 14 PARAOLSTE DR Aug 99 Gender:Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 18. KENNETH R ROUSH 54 14 PARAOLSTE DR Aug 99 Gender:Male Nov xx,1958 CARLISLE PA 17013 184.50-xxxx LexID:2208187722 19. KENNETH R RUSH 54 14 PARAOLSTE DR Aug 99 Gender:Male Nov xx,1958 CARLISLE PA 17013 184.50-xxxx LexID:2208187722 20. KEN ROUSHS 54 RR 1 BOX 52 Aug 92-Feb 96 Gender.Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 21. KENNETH R ROUSH 54 RR 1 BOX 52 Jan 85-Apr 95 Gender:Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 22. KENNETH P ROUSH 54 RR 1 BOX 52 Mar 92-Nov 93 Gender:Male Nov xx,1958 CARLISLE PA 17013 184-50•xxxx LexID:2208187722 23. KENNETH R RUSH 54 RR 1 BOX 52 Mar 92•Nov 93 Gender:Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 https://secure.accurint.com/app/bps/main 9/17/2013 Page 3 of 3 24. KENNETH R ROUSH 54 1 RT D BOX Feb 85 717.249.8368-EDT Gender:Male Nov xx,1958 CARLISLE PA 17013 ROUSH KENNETH 184.50-xxxx LexID:2208187722 25. KENNETH R ROUSH 54 PO BOX 52 Feb 85 717.249.8368-EDT Gender:Male Nov xx,1958 CARLISLE PA 17013-0052 ROUSH KENNETH 184-50-xxxx LexID:2208187722 Records: 1 to 25 of 25 Your DPPA Permissible Use:Use in the Normal Course of Business Your GLBA Permissible Use:Authorized by Consumer https://secure.accurint.com/app/bps/main 9/17/2013 Free people search and contact details for Kenneth R Roush I WhitePages Page 1 of 1 WhitePages.com Send Kenneth R Roush's details to phone Your number[ Message Kenneth R Roush 717-249-8368 14 Paradise Dr Carlisle,PA 17015-9725 FS-en-di There was an error,please try again later.close Thank you,your message has been sent.close See What Kenneth Roush's Home is Worth Kenneth R Roush 55-59 years old Phone number 717-249-8368 Address 14 Paradise DrCarlisle,PA 17015-9725 Previous locations Carlisle,PA ©2013 WhitePages Inc.-Privacy Policy and Terms of Use http://www.whitepages.com/name/Kenneth-R-Roush/Carlisle-PA/22i8gs2 9/17/2013 Social Security Death Index(SSDI) Records- Social Security Death Index SSDI Records ... Page 1 of 2 Loo In Subscribe Home About Us Help Learning Center ! Store Questions?Call 1-866-641-3297 Search All Collections Death Records in the Social Security Death Index Newspapers (SSDI) Recent Obituaries c Discover Your Family's Past in: Newspaper Archives Newsoaoer Archives(1690-20101 All of GenealogvBank Historical Obituaries astaammensweesmai Historical Obituaries(1704-19991 Recent Obituaries(1977-Todavl Birth Records Marriage Records Passenger Lists Newspaper Articles Your search did not match any Items in Social Security Death Index. Legal,Probate&Court Photos&Illustrations Suggestions P More • Check your spelling. • Try inserting wildcards in place of any easily misread letters,like"Mo??oy"or "Mo5oy."The question mark wildcard will match any single character,and the Other Genealogy Records asterisk will match up to five characters.Learn More • Try searching for other distinctive Information about your ancestor using the Social Security Death Index "Include keywords"field. 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Any HI Search'Dos Clear Form Begin Search • Stay connected.Follow us! in the news I contact us I affiliates I privacy policy I terms of use I site map I blog http://www.genealogybank.comlgbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 9/17/2013 Citibank,N.A., As Trustee For Chase Cumberland County Funding Mortgage Loan Asset-Backed Court of Common Pleas Certificates, Series 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants ORDER AND NOW, this day of , 2013, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant,Kenneth R.Roush,by regular mail and by certified mail, return receipt requested, to his last known address of 14 Paradise Drive, Carlisle,Pennsylvania 17013,and by posting the mortgaged premises of 14 Paradise Drive,Carlisle, Pennsylvania 17013. BY THE COURT: J. McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 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 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 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Amended Complaint in Mortgage Foreclosure upon the Defendant, Kenneth R. Roush, at his last-known address of 14 Paradise Drive, Carlisle, Pennsylvania 17013. The process server was not able to serve the Defendant because there was no answer at said address after several attempts. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit"A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430,Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". 3. As a result of the investigation,a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. 5. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 6. If service cannot be made on the Defendant,Kenneth R. Roush,the Plaintiff will be prejudiced. WHEREFORE,Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Amended Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale, upon the Defendant, Kenneth R. Roush, by regular mail; certified mail,return receipt requested,and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 14 Paradise Drive, Carlisle, Pennsylvania 17013. McCABE,WEISBE G AND CONWAY,P.C. BY / y [ ] Terrence J. if Cabe,Esquire [ ]Marc S. Weisberg,Esquire [ ] Edward D. Conway,Esquire [.-Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ] Christine L. Graham,Esquire [ ]Brian T. LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S. WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 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 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 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE,WEISBERG AND CONWAY,P.C. BY: ila [ ] Terrence J McCabe,Esquire [ ] Marc S. Weisberg,Esquire [ ] Edward D. Conway,Esquire j,-}-Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ] Christine L. Graham,Esquire [ ] Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I. Foley,Esquire [ ] Celine P.DerKrikorian,Esquire , Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 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 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 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the d* * day of October, 2013, upon the following: Kenneth R. Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 McCABE,WEISBERG AND CONWAY,P.C. BY: [ ] T e ce J cCabe,Esquire [ ] Marc S. Weisberg,Esquire [ ]Edward D. Conway,Esquire [..4 Margaret Gairo,Esquire [ ]Andrew L. Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ] Christine L. Graham,Esquire [ ] Brian T. LaManna,Esquire [ ]Arm E. Swartz,Esquire [ ]Joseph F. Riga,Esquire [ ] Joseph I.Foley,Esquire [ ] Celine P. DerKrikorian,Esquire Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG AND CONWAY,P.C. BY: [ ]Te ence J=McCabe,Esquire [ ] Marc S. Weisberg,Esquire [ ]Edward Ir.Conway,Esquire [..-]1c argaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ] Marisa J. Cohen,Esquire [ ] Christine L.Graham,Esquire [ ]Brian T. LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ] Joseph F. Riga,Esquire [ ]Joseph I. Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Citibank,N.A.,As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 v.Kenneth R Roush and The United States of America do United States Attorney for the Middle District of Pennsylvania Cumberland County;CCP;Number 10-1435 File Number:47803 EXHIBIT A SHERIFF'S OFFICE OF CUMBERLAND COUNTY C Ronny R Anderson Q '( Sheriff ` " �� tt:,,yi�1 .«Ititbrry Jody S Smith Chief Deputy Richard W Stewart Solicitor Citibank, NA vs. Case Number Kenneth R. Roush (et al.) 2010-1435 SHERIFF'S RETURN OF SERVICE 08/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kenneth R. Roush, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 14 Paradise Drive, Middlesex Township, Carlisle, PA 17015. Several attempts at service were made but deputies were unable to make contact with anyone at the residence, therefore they were unable to effectuate service before the Complaint expired. SHERIFF COST: $48.80 SO ANSWERS, August 26, 2013 RONNY R ANDERSON, SHERIFF • ;;;t Ccunt,S1Pt<Sr*, i elenu:ft ;rs. t , EXHIBIT B AFFIDAVIT A OF GOOD 1111111 1 11111 11111 1 11111 'HI F INVESTIGATION *10808* File#:116-5722PA Subject: Kenneth R.Roush Last-known Address: 14 Paradise Drive,Carlisle,PA 17013 A , STATE OF NEW YORK - COUNTY OF SUFFOLK ss.: Ri Lisa Rivera,the undersigned,being duly sworn,deposes and says that I am over the age of eighteen and not a party to this action. I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the Kenneth R.Roush at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date DueDiligence Remarks 09/17/2013 PROPERTY 14 Paradise Drive,Carlisle,PA 17013 ADDRESS: INQUIRY OF LOCAL Directory Assistance:The subject has a 09/17/2013 TELEPHONE telephone listing for the above stated last-known COMPANY: address.Search results found the number of (717)249-8368 associated with the subject. Search results show the subject resides at the 09/17/2013 INTERNET SEARCH: above stated last-known address.Search results provided the telephone number of(717) 249-8368 associated with the subject. 09/17/2013 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. LOCAL TAX Search was unable to confirm a mailing address 09/17/2013 RECORD INQUIRY: for the subject at the above stated property address. I,Lisa Rivera,reviewed and signed this affidavit on 09/18/2013.The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge,information and belief. )010 Swor and ubscribed before me on X /E- ,2_ — iF `tvera Attorney Outsourcing Support Services,Inc. IC#14 Huntington 21841 Quadrangle, Suite 2SO4 Melville,NY 11747 Notary Public, Firm Ref# 116-5722PA McCabe,Weisberg&Conway,P.C.CID#28 123 S.Broad Street RTAMASTRANGELO Philadelphia,PA 19109 Notary Public,State of NEW YORK O1MA6055607 ry�ssior► Expires,FEBRUARY 26,.W......6-11 Com Page 1 of 3 Air I REisearch Person Search Results Records: 1 to 25 of 25 Search Terms Used - SSN: 184-50-xxxx; All Full Name Age/DOB Address Dates Phone Information 1 KENNETH R ROUSH 54 14 PARADISE DR Sep 79-Aug 13 717-249-8368-EDT Gender:Male Nov xx,1 958 CARLISLE PA 17015-9725 ROUSH'S KEN HAULING 184-50-xxxx LexID:2208187722 We Also und 0 Phones Plus 0 Property Records D Email Address Fo : 2 KENNETH P ROUSH 54 14 PARADISE DR Aug 91-2012 717-249-8368-EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 ROUSH'S KEN HAULING 184-50-xxxx LexID:2208187722 3 KENNETH R RUSH 54 14 PARADISE DR Aug 91-Feb 11 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 4. KENNETH ROUSE 54 14 PARADISE DR Apr 09 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 5 KEN ROUSH 54 14 PARADISE DR Apr 08 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 6 KEN HAULING ROUSHS 54 14 PARADISE DR May 00 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx . LexID:2208187722 7• KENNETHE R ROUSH 54 1437 TRINDLE RD Mar 13 Gender:Male Nov xx,1958 CARLISLE PA 17015-9739 184-50-xxxx LexID:2208187722 8 KENNETH R ROUSH 54 1760 W TRINDLE RD 2002-2012 717-620-8220-EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9757 HUTCHISON CONSTANC 184-50-xxxx LexID:2208187722 9 KENNETH R ROUSH 54 10 PARADISE DR Jan 96-2012 717-249-8368-EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 ROUSH KENNETH 184-50-xxxx LexID:2208187722 1 O. KENNETH R ROUSH 54 1437 TRINDLE RD Jan 96-Mar 11 717-249-8368-EDT Gender:Male Nov xx,1958 CARLISLE PA 17015-9739 ROUSH KENNETH 184-50-xxxx LexID:2208187722 https://secure.accurint.coapp/bps/main 9/17/2013 Page 2 of 3 1 1. KEN ROUSH 54 1760 W TRINDLE RD Sep 10 Gender:Male Nov xx,1958 CARLISLE PA 17015-9757 184-50-xxxx LexID:2208187722 12. KEN ROUSH 54 1437 TRINDLE RD Jan 09-Dec 09 Gender:Male Nov xx,1958 CARLISLE PA 17015-9739 184-50-xxxx LexID:2208187722 13. KENNETH P ROUSH 54 14 PAR 14 Feb 08 Gender:Male Nov xx,1958 CARLISLE PA 17015 184-50-xxxx LexID:2208187722 14 KENNETH R ROUSH 54 14 PAR 14 Feb 08 Gender:Male Nov xx,1958 CARLISLE PA 17015 184.50-xxxx LexID:2208187722 15. KENNETH R RUSH 54 14 PAR 14 Feb 08 Gender:Male Nov xx,1958 CARLISLE PA 17015 184-50-xxxx LexID:2208187722 16. KENNETH R ROUSH 54 19 PARADISE DR Dec 06-Jan 08 Gender:Male Nov xx,1958 CARLISLE PA 17015-9725 184-50-xxxx LexID:2208187722 17. KENNETH P ROUSH 54 14 PARAOLSTE DR Aug 99 Gender:Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 18. KENNETH R ROUSH 54 14 PARAOLSTE DR Aug 99 Gender.Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 19. KENNETH R RUSH 54 14 PARAOLSTE DR Aug 99 Gender:Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 20. KEN ROUSHS 54 RR 1 BOX 52 Aug 92-Feb 96 Gender.Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 21. KENNETH R ROUSH 54 RR 1 BOX 52 Jan 85-Apr 95 Gender:Male Nov xx,1958 CARLISLE PA 17013 184.50-xxxx LexID:2208187722 22. KENNETH P ROUSH 54 RR 1 BOX 52 Mar 92-Nov 93 Gender:Male Nov xx,1958 CARLISLE PA 17013 184.50-xxxx LexID:2208187722 23. KENNETH R RUSH 54 RR 1 BOX 52 Mar 92-Nov 93 Gender:Male Nov xx,1958 CARLISLE PA 17013 184-50-xxxx LexID:2208187722 https://secure.accurint.com/app/bps/main 9/17/2013 Page 3 of 3 24. KENNETH R ROUSH 54 1 RT D BOX Feb 85 717-249-8368-EDT Gender:Male Nov xx,1958 CARLISLE PA 17013 ROUSH KENNETH 184-50-xxxx LexID:2208187722 25. KENNETH R ROUSH 54 PO BOX 52 Feb 85 717-249-8368•EDT Gender:Male Nov xx,1958 CARLISLE PA 17013-0052 ROUSH KENNETH 184-50-xxxx LexID:2208187722 Records: 1 to 25 of 25 Your DPPA Permissible Use:Use in the Normal Course of Business Your GLBA Permissible Use:Authorized by Consumer https://secure.accurint.com/app/bps/main ; 9/17/2013 Free people search and contact details for Kenneth R Roush I WhitePages Page 1 of 1 WhitePages.com Send Kenneth R Roush's details to phone Your number Message Kenneth R Roush 717-249-8368 14 Paradise Dr Carlisle,PA 17015-9725 I:Send There was an error,please try again later.close Thank you,your message has been sent.close See What Kenneth Roush's Home is Worth Kenneth R Roush 55-59 years old Phone number 717-249-8368 Address 14 Paradise DrCarlisle,PA 17015-9725 Previous locations Carlisle,PA ©2013 WhitePages Inc.-Privacy Policy and Terms of Use http://www.whitepages.com/name/Kenneth-R-Roush/Carlisle-PA/22i8gs2 9/17/2013 Social Security Death Index (SSDI)Records - Social Security Death Index SSDI Records .., Page 1 of 2 Loa In Subscribe Home I About Us Help Learning Center Store Questions?Call 1-866-641-3297 Search All Collections Death Records in the Social Security Death Index Newspapers (SSDI) Recent Obituaries h Discover Your Family's Past in: Newspaper Archives - , Newspaper Archives(1690-20101 All of GenealogvBank Historical Obituaries Historical Obituaries(1704-19991 Recent Obituaries(1977-Todavl Birth Records \`�rkF k*v.�x x., aSCZ.a+v.,aS, kfi Aan #W v"!�+'+.rs,...}ca�r+./,e�s:Y'r¢<,e....o-p, >u,..,m.`> �••a.W- .�•a-.k.{.RS .\5n Marriage Records Passenger Lists Newspaper Articles Your search did not match any Items in Social Security Death Index. Legal,Probate&Court Photos&Illustrations Suggestions • More • Check your spelling. • Try inserting wildcards In place of any easily misread letters,like"Mo??oy"or "Mo*oy,"The question mark wildcard will match any single character,and the Other Genealogy Records asterisk will match up to five characters.Learn More • Try searching for other distinctive information about your ancestor using the Social Security Death Index "Include keywords"field. Historical Books Historical Documents African-American Newspapers Irish-American Newspapers Need Help Searching Your Ancestors? Contact Us Now Toll Free 1-866-641-3297 Our family history consultants are here to help. 11am-7pm EST • _.&+r(%,+ws=.�-aiw_«S aoiauvS+*;;N+wh AY,v P,,:,a+%s%._YE .v'an SS&ia Y na..e x+n •'t._ ,., a"9'.._�vx'psBW V,S , ..'rc-it*'dAF�tas -'r�C, .�r.ld.A '✓..v....i.._ Try another search! Last Name First Name `p) Middle Initial (^) http://www.genealogybank.com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 9/1 7/20 1 3 Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... Page 2 of 2 2 7 Date Information Born Between year and year Died Between year ` and year • Last Known Residence City County ; State Any ;v1 OR ZIP Code OR Non-U.S. Location i Social Security Number Details State SSN Issued I Any H Social Security Number ®._; Search Tins Clear Form Begin Search • Stay connected.Follow us! in the news I contact us I affiliates I privacy policy I terms of use I site map I blog `;Iittp://www.genealogybank.com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 9/17/2013 tt ti0 I e, . • r_,`C 2.!J OCT -9 Po U 3EPRLf-+.tYU t tJU 1 1 ENNSYL'�`t�N9t� Citibank,N.A., As Trustee For Chase Cumberland County Funding Mortgage Loan Asset-Backed Court of Common Pleas Certificates, Series 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants ORDER AND NOW, this 7' day of b J , 2013, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant,Kenneth R.Roush,by regular mail and by certified mail, return receipt requested, to his last known address of 14 Paradise Drive, Carlisle,Pennsylvania 17013,and by posting the mortgaged premises of 14 Paradise Drive,Carlisle, Pennsylvania 17013. BY TH OURT. A LscC, COPIA, ,� O /o 7 43 `rjn I LE -OJFF McCABE,WEISBERG & CONWAY, P.C. Attorneys for Pla ntiTfTH0N0 T f i BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 20.13 OCT 25 LIMM 11: 01 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 CUMBERLAND COUNTY MARGARET GAIRO,ESQUIRE-ID#34419 PENNSYLVANIA ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Citibank,N.A.,As Trustee For Chase Funding Cumberland County Mortgage Loan Asset-Backed Certificates, Court of Common Pleas Series 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America do United States Attorney for the Middle Disctrict of Pennsylvania Defendants PRAECIPE TO REINSTATE AMENDED COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. McCABE,WEISBERG/AND CONWAY,P.C. [ ] Terrence J.McCabe,Esq. [ .Marc S eisberg,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. C Attorneys for Plaintiff v Sid cA- os`1 122,&_ a003Coo SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson A Sheriff f i ; r��}0ry �� N Jody S Smith ,ttx i ttrttrrr+� L9§3 NOe/S GG AM 10' 0 Chief Deputy , Richard W Stewart CUMBERLAtW COU ly Solicitor jFFr r PEWISYLVANIA Citibank, NA Case Number vs. 2010-1435 Kenneth R. Roush (et al.) SHERIFF'S RETURN OF SERVICE 11/19/2013 09:46 AM - Deputy Dawn Kell, being duly sworn according to law, served the requested Amended Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Kenneth R. Roush, pursuant to Order of Court by"Posting"the premises located at 14 Paradise Drive, Middlesex Township, Carlisle, PA 17015 with a true and correct copy according to law. DAWN KELL, DEPUTY SHERIFF COST: $40.78 SO ANSWERS, November 20, 2013 RbNW R ANDERSON, SHERIFF r 10I4 JAN I U Pfl I: I I CUHBER y PENNSYa a ODUNi Y McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 u EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN,ESQUIRE-ID# 313673 JENNIFER L. WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 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 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF PHILADELPHIA . The undersigned attorney being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on October 31, 2013,per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant,Kenneth R. Roush by regular mail,certificate of mailing and certified mail,return receipt requested,addressed to his last- known address of 14 Paradise Drive,Carlisle,Pennsylvania 17013. True and correct copies of the letters, certificates of mailing and certified receipts are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on November 19,2013, in accordance with the attached Court Order,Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Kenneth R. Roush, by posting the same at the mortgage premises of 14 Paradise Drive, Carlisle, Pennsylvania 17013. True and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." McCABE,WEISBERG AND CONWAY,P.C. SWORN AND SUBSCRIBED BY: � ,t_ [ ]Terrence J.McCabe, q. Marc S.Weisberg,Esq. BEFORE ME THIS I DAY ]Edward D.Conway,Esq. Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. OF ..5q44 t/at , 2014 [ ]Marisa J. Cohen,Esq. [ hristine L. Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph 1.Foley,Esq. N• 'ARY PUBLIC [ ]Celine P.DerKrikorian,Esq. Attorneys for Plaintiff COMMONWEALTH OP'PENNSYLVANIA NOTARIAL SEAL DREW KARLBERG,Notary Public City of Philadelphia,Phila.County My Commission Expires April 3,2017 Q C3 c bQ. ,r Lk-Z a 3 =ILED-01 r ICI: HE PROTHO40 T ;. 2013 OCT --9 PH 3: 35 CUMBERLAND COUNTY PENNSYLVANIA Citibank,N.A., As Trustee For Chase Cumberland County Funding Mortgage Loan Asset-Backed Court of Common Pleas • Certificates, Series 2002-3 Plaintiff Number 10-1435 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants ORDER AND NOW,this V okay of OC40t£11.„2013,the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant,Kenneth R.Roush,by regular mail. and by certified mail, return receipt requested, to his last known address of 1.4 Paradise Drive, Carlisle,Pennsylvania 17013,and by posting the mortgaged premises of 14 Paradise Drive,Carlisle, Pennsylvania 17013. BY THE COURT: J. 4 C LAW OFFICES McCABE,WEISBERG& CONWAY,P.C. SUITE 210 145 HUGUENOT STREET SUITE 1400 SUITE 303 NEW ROCHELLE,NY 10801 123 SOUTH BROAD STREET 216 HADDON AVENUE (914)-636-8900 PHILADELPHIA,PA 19109 WESTMONT, gtoa (856)858-7070 80 0 FAX(914)636-8901 (215)790-1010 FAX(856)858-7020 FAX(215)790-1274 SUITE 202 SUITE 100 4021 UNIVERSITY DRIVE 30 BUXTON FARMS ROAD FAIRFAX,VA 22030 STAMFORD,CT 06905 (866)656-0379 (203)992-8200 FAX(301)490-1568 FAX(855)425-1979 SUITE 800 October 31,2013 SUITE 130 312 MARSHALL AVENUE DELAWARE CORPORATE CENTER I LAUREL,MD 20707 ONE RIGHTER PARKWAY (301)490-3361 WILMINGTON,DELAWARE 19803 FAX(301)490-1568 (302)409-3520 Also servicing the District of Columbia FAX 855-425-1980 Kenneth R.Roush 14 Paradise Drive Carlisle,Pennsylvania 17013 Re: Citibank,N.A.,As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates,Series 2002-3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Cumberland County CCP;Number 10-1435 Dear Kenneth R.Roush: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure,along with a copy of a court order, Granted on 10/9/2013,the original of which has been filed against you in regard to the above-captioned matter. Very truly yours, Nolan Serowatka Legal Assistant for McCabe,Weisberg and Conway,P.C. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7013 0600 0002 2969 6104 RETURN RECEIPT REQUESTED • 0 b 0 lt This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. 4' SHERIFF'S OFFICE OF CUMBERLAND COUNTY ��� ScA0/\ Ronny R Anderson Sheriff :oil,of�attl8rt.ffy��¢ Jody S Smith Chief De =0 c "' l r . v; ,;,ty,; ? Richard W Stewart ., °'`'" Solicitor OFF∎CE OF TWt`fi t RIFF m Citibank, NA Case Number vs. 2010-1435 Kenneth R. Roush (et al.) SHERIFFS RETURN OF SERVICE 11/19/2013 09:46 AM-Deputy Dawn Kell, being duly sworn according to law, served the requested Amended Complaint in Mortgage Foreclosure upon the within named Defendant,to wit: Kenneth R. Roush, pursuant to Order of Court by"Posting"the premises located at 14 Paradise Drive, Middlesex Township, Carlisle, PA 17015 with a true and correct copy according to law. C.N '1 1 . V.1.12 1 DAWN KELL, DEPUTY SHERIFF COST: $40.78 SO ANSWERS, tD-:-)_•'a": _________ November 20, 2013 RDNO R ANDERSON, SHERIFF ., :,7ry,.) p1.,# a, . , 0 I L.:`,t. f'e 4 ? i . , i (c!CountySulto Shonft,Tolrosott.Int. • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania FILE NO.: 10 -1435 Civil Term AMOUNT DUE: $68,599.21 INTEREST: from 04/07/10 $18,172.08 at $11.28 ATTY'S COMM.: COSTS: -ice _ 'Z3 D N - TO THE PROTHONOTARY OF SAID COURT: n U The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or anbuntY' - 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) 14 Paradise Drive, Carlisle, Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above -named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishees) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 3-?. 00" LA alt '+ at , • c: c:'1 ■ ° (��l -j� v titip 2 BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. McCABE, WEISBERG & CONWAY, P.C. [ [ [ Marc S. eisberg, Esq. Margaret Gairo, Esq. Heidi R. Spivak, Esq. Christine L. Graham, Esq. Ann E. Swartz, Esq. Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 7 Li_tk &( rly12A6 17)48 �Y;L t2CP Ss LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in Middlesex Township, (formerly North Middleton Township) Cuntbetland County, Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 143, bounded and described as follows; TRACT NO. 1; BEGINNING on the North by Lot No. 137; on the Bast by Paradise Road; on the South by lino parallel to and five (5) feet North of the Northern line of Lot No 139; arid on the West by the Northern forty -five (45) feet of Lot No. 111, CONTAINING forty-five (45) feet in front an said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of one hundred forty -eight and two tenths (148.2) feet and being the Northern forty -five (45) feet of Lot No, 138 as shown on said Plata of Lots. BEING the same premises which Dale G. Wickard and Sarah J, Wiolcard, his wife, by their Deed dated April 18, 1980, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 'X', Volume 28, Page 847, granted and conveyed unto Kenneth R. Roush. TRACT NO. 2; Lots No 139 and 140 and the Southern five (5) foot strip of Lot No, 138 of the Dale Fetrow Revised Plan of Lots, which Plan is recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, jn Plan Book No, 3, Page 103, and being subject to the restrictions as they appear on said Plan c (Lots; having a frontage on Paradise Road of One Hundred Five (105) foot and extending to a depth of One Hundred Seventy - three and two tenths (173.2) feet, Premises: 14 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which Holly J. McKean by deed dated January 23, 1987 and recorded January 23, 1987 in Deed Book 32, Page 633, granted and conveyed unto Kenneth R Roush. TAX MAP PARCEL NUMBER: 21 -22 -0119 -074 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff v. Kenneth R Roush and The 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: 10 -1435 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 14 Paradise Drive, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Kenneth R Roush 14 Paradise Drive Carlisle, PA 17013 2, Name and address of Defendants in the judgment: Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 The United States of America c/o Federal Building United States Attorney for the Middle 228 Walnut Street, P.O. Box 11754 Disctrict of Pennsylvania Harrisburg, Pennsylvania 17108 The United State of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10th and Constitution Avenues Northwest, Room 4400 Washington, D.C. 20530 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Jeffrey L. Sheaffer, Jr. 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Cummings Metropower Inc. 4499 Lewis Road Harrisburg, Pennsylvania 17111 Pennsylvania Department of Revenue Bureau of Compliance Department 280946 Harrisburg, Pennsylvania 17128 Unemployment Compensation Fund L & I Building 16th Floor Harrisburg, Pennsylvania 17121 Pennsylvania State Employees Credit 1 Credit Union Place Union Harrisburg, Pennsylvania 17110 4. Name and address of the last recorded holder of every mortgage of record: Name Address Pennsylvania Housing Finance Agency 211 North Front Street PO Box 15530 Harrisburg, Pennsylvania 17105 5. Name and address of every other person who has any record lien on the property: Name Address U. S. Treasury Department 1000 Liberty Avenue Pittsburgh Office Pittsburgh, Pennsylvania 15222 6. 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 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 PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Address 14 Paradise Drive Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 • Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 -8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 -1230 PO BOX 280948 Harrisburg PA 17128 -0948 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 1 Courthouse Square Carlise, PA 17013 Commonwealth of PA Department of Revenue 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 8. Name and address of Attorney of record: Name None Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 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 made subject to the penalties of18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCAT—W ISBERG & CO AY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Marc S. Weisb g, 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 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Cumberland County; Number: 10-1435 LEGAL DESCRIPTION ALL that certain tract of land with the improvement hereon erected, situate in Middlesex Township, (formerly North Middleton Township) Cumberland County, Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follows: TRACT NO. 1: BBOINN1NG on the North by Let No. 137; on The East by Paradise Road; on, the South by line parallel to and five (5) feet North of the Northern line of Lot No 139; and on the West by the Northern forty ..five (45) feet of Lot No. 111, CONTAINING forty-five (45) feet in fronton said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of one hundred forty -eight and two tenths (148.2) feet and being the Northern forty -five (45) feet of Lot No, 138 as shown on said Plata of Lots. BEING the same premises which Dale 0. Wickard and Sarah 3, Wieleard, his wife, by their Deed dated April 18, 1980, and recorded In the Office of the Recorder of Deeds in and for CixaaberIand County, Pennsylvania, in Deed Book 'X', Volume 28, Page 847, granted and conveyed unto Kenneth R. Roush. TRACT NO. 2: Lots No, 139 and 140 axed the Southern five (5) ;foot strip of Lot No. 138 of the Dale Fetrow Revised Plan of Lots, which Plan is xe'corded in the Office of the Recorder of Deeds in and for. Cumberland County, Pennsylvania, )n Plan Book No, 3, page 103, and being subject to the restrictions as they appear on said PIan ofLots; having a frontage on Paradise Road of One Hundred rive (105) feet and extending to a depth of One Hundred Seventy -three and two tenths (173.2) feet, Premises: 14 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which Holly J. McKean by deed dated January 23, 1987 and recorded January 23, 1987 in Deed Book 32, Page 633, granted and conveyed unto Kenneth R Roush. TAX MAP PARCEL NUMBER: 21 -22- 0119 -074 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 31.0321 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 CIVIL ACTION LAW Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10 -1435 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 • .0» c %G; i•-tm +0 C20 7- y ssx The United States of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10 and Constitution Avenues Northwest, Room 4400 Washington, D.C. 20530 Your house (real estate) at 14 Paradise Drive, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $68,599.21 obtained by Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 the back payments, late charges, costs, and reasonable attorney's fees due. To fmd 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 Sheriff's 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. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790 -1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990 -9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land with the improvemeatts thereon erected, situate in Middlesex Township, (formerly North Middleton Township) Cumberland County, Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 103, bounded and described as follows: TRACT NO. I: BEGINNING on the North by Lot No, 137; on the East by Paradise Road; on, the South by line parallel to and five (5) feet North of the Northern line of Lot No 139; and on the West by the Northern forty -five (45) feet of Lot No. 111, CONTAINING forty-five (45) feet in front on said Paradise Road and extending Westwardly from the Western line thereof at an even width a distance of one hundred forty -eight and two tenths (148.2) feet and being the Northern forty -five (45) feet of Lot No. 138 as shown on said Plan of Lots. BEING the same premises which Dale G. Wickard and Sarah 3, Wird, his wife, by their Deed dated April 18, 1980, and recorded in the Office of the Recorder of Deeds in and for CuumberIand. County, Pennsylvania, in Deed Book 'V, volume 28, Page 847, granted and conveyed unto Kenneth R. Roush. TRACT NO, 2: Lots No, 139 and 140 and the Southern five (5) foot strip of Lot No. 138 of the Dale Fetrow Revised Plan of Lots, which Plant is recorded in the Office ofthe Recorder of Deeds in and for. Cumberland County, Pennsylvania, in Plan Book No. 3, Page 103, and being subject to the restrictions as they appear on said Plan cif Lots; having a frontage on. paradise Road of One Hundred Five (105) foot and extending to a depth of One Hundred Seventy -three and two tenths (173.2) feet. Premises: 14 Paradise Drive, Carlisle, Pennsylvania 17013. BEING the same premises which Holly J. McKean by deed dated January 23, 1987 and recorded January 23, 1987 in Deed Book 32, Page 633, granted and conveyed unto Kenneth R Roush. TAX MAP PARCEL NUMBER: 21 -22- 0119 -074 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240 -6195 www.ccpa.net CITIBANK N.A., AS TRUSTEE FOR CHASE FUNDING MORTGAGE LOAN ASSET - BACKED CERTIFICATES, SERIES 2002 -3 Vs. NO 10 -1435 Civil Term CIVIL ACTION — LAW KENNETH R. ROUSH AND THE UNITED STATES OF AMERICA C/O UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PENNSYLVANIA WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $68,599.21 L.L.: Interest FROM 4/7/10 - $18,172.08 AT $11.28 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,221.16 Other Costs: Plaintiff Paid: Date: 4/1/14 (Seal) PiAILL David D. Buell, Prothonota REQUESTING PARTY: Name: MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215- 790 -1010 Supreme Court ID No. 17616 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPR1NZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff v. Kenneth R. Roush and The United States of America do United States Attorney for the Middle District of Pennsylvania Defendants TO THE PROTHONOTARY: t. ,LEU- CFFICL GF THE PROTHONOiAR r 2011i APR -2 AVM: I,: 19 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10 -1435 ENTRY OF JUDGMENT Kindly enter judgment by default in favor of Plaintiff and against Defendant, UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania (only) in the above - captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, for foreclosure and sale of the mortgaged premises only. McCABE, WEISBI • G & CONWAY, P.C. BY: [ ] Terrence J. cCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff AND NOW, this cP day of [ arc S. Weisber_, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. awls 1G,Sopela cot /2.4.A 36311? ���� mak , 2014, Judgment is entered in favor of Plaintiff, Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3, and against Defendant,UNITED STATES OF AMERICA do United States Attorney for the Middle District of Pennsylvania, for foreclosure and sale of the mortgaged premises only. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff v. Kenneth R. Roush and The United States of America do United States Attorney for the Middle District of Pennsylvania Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10 -1435 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, UNITED STATES OF AMERICA do US Attorney for the Middle District of Pennsylvania that judgment would be entered against them 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 letters is attached hereto and marked as Exhibit "A ". SWORN AND SUBSCRIBED BEFORE ME THIS aCti DAY OF V n "kY �•` \ BEN. REGINA AFFATATO, Notary Public City of Philad la, Phila. County My Cor mission July 18, 2017 McCABE, WEISBERG & CO BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff , P.C. [ - • arc S. ' eisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false staternents herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG BY: CONWAY, .C. [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ 1 Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff --4-Marc S. Weisberg, F [ ] Margaret Gairo, Esq. [ 1 Heidi R. Spivak, Esq. [ ] Christine L. Graham; Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. q. Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 v. Kenneth R. Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Cumberland County; Number: 10-1435 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary October 16, 2013 To: The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 vs. Kenneth R Roush The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Cumberland County Court of Common Pleas Number 10-1435 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE 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 DATE OF This NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA I'ERSONALMENTE 0 FOR ABOGADO V 'OR NO HABER RADICADO FOR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U 013JECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) Dins DE LA FECH A DE ESTA NOTIFICACION, El. TRWUNAL PODR A, SIN NECESIDAD DE COMPARECER USTED EN con': U OIR I'REUDA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER DIENES U OTROS DERECI-IDS IMPORTANTES. USTED LE DEBE TOM AR ESTE PAPEI. A $U ABOGADO INMEDIATAMENTE. Si USTIED NO III3NE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO AIIAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. Si USTED NO l'UEDE PROPORCIONAR PARA EMPLEAR UN ABOCIADO, ESTA OFICINA PUEDE SER CAME DE PaoPoRCioNARL0 CON INFORMACION ACERCA DE LAS AGENCIES QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIIMES EN UN HONORARIO REDUCIDO NI N1NOON HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L.'Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire Attorneys for Plaintiff arc S. Weisberg, Esquire ] Margaret Gairo, Esquire [ JJHeidi R. Spivak, Esquire Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 October 16, 2013 To: The United States of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10th and Constitution Avenues Northwest, Room 4400 Washington, DC 20530 Citibank, N.A,, As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 vs. Kenneth R Roush The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Cumberland County Court of Common Pleas Number 10-1435 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE 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 \VITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 McCABE, WEIS NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN EsTAno De REBELDIA FOR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 FOR A1300ADO Y l'OR NO HABER RADICADO FOR ESCRITO CON ESTE TRIBUNAL SUS DITINSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DMZ ( 0) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL l'ODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR I'REUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y um!) poprun PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEI3I3 TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO 'IIENE A UN ABOGADO, VA A 0 TELEPONLIA LA OFICINA EXPUSO AIIAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INVORMACION ACERCA DE EMPLI3AR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR I'ARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIES QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGII3LES EN UN IIONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County 13ar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 ERG AND CONWAY, P.C. BY: CT [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F, Riga, Esquire [ ] Celine P. DerKrikorian, Esquire Attorneys for Plaintiff \\= arc S. Weisberg, Esquire argaret Gairo, Esquire eidi R. Spivak, Esquire Christine L. Graham, Esquire ] Ann E. Swartz, Esquire ] Joseph I. Foley, Esquire Department of Defense Manpower Data Center Results as of : Mar - 28-2014 07:17:38 AM SCRA 3.0 Status Bart Sery ce embe s Civil Relief Act Last Name: ROUSH First Name: KENNETH Middle Name: R Active Duty Status As Of: Mar -28 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active End Date Status Service Component NA NA't•.'' - I • No`'`\ NA This response reflects the indiv1uais' active duty status based on the Active Duty Status Date 1 Leff Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA yy 'NA �`"�. 0. •, ;;.� �No 4 i NA This response reflects here the IndMdual left ective-duty'status within 367 days preceding the Active Duty Status Date 1'f The Member or HIsIHer Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Data Status Service Component NA �NA1 -' �• . 'r ' _No :: rii NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty f q I�, Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Unifo Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: //www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: U8VCY687E0718B0 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: The United States of America do United States Attorney for the Middle District of Pennsylvania Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, Pennsylvania 17108 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2002 -3 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No. 10 -1435 Kenneth R. Roush and The United States of America do United States Attorney for the Middle District of Pennsylvania Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has as indicated below. Prothono X Judgment by Default Money Judgment _ Judgment in Replevin Judgment for Possession en entered in the above proceeding If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790 -1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: United States of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 1 oth and Constitution Avenue, Northwest, Rm 4400 Washington, DC 20530 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2002-3 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No. 10-1435 Kenneth R. Roush and The United States of 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 been he .roceeding as indicated below. Prothonot X Judgment by Default Money Judgment 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. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, E'SQU1RE - 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 - 1D # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush, The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania and The Honorable Alberto Gonzales Attorney General of the United States Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-1435 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA 1. The undersigned, hereby certifies that he is the attorney for the Plaintiff for the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriff's Sale was served upon the Defendant, Kenneth R. Roush, by regular mail, certificate of mailing, and certified mail, return receipt requested, dated April 17, 2014 and addressed to 14 Paradise Drive Carlisle, Pennsylvania 17013, regular mail was never returned, and the certified mail was delivered on April 26, 2014 and signed for by Agent. A true and correct copy of the letter, certificate of mailing, certified receipt number 7014 0150 0001 0135 4183 and signed green card are attached hereto, made part hereof, and marked as Exhibit "A". McCABE, WEISBERG AND 71WAP.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS (p DAY OF , 2014 STEVEN TRAVAIAL SEAL SCCIQ Notary Pubic City of Philadelphia, Phila. County Expires F 19, 2018 • [ arc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire EXHIBIT A r. U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mali Only; No insurance Coverage Provided) ma Return Receipt (Endorsement Req&V Postage Codified Return Receipt Fee (Endorsement Required) Restricted t)eiivery Fee (Endorsement Required) Total Postage & Foes ostrnarR �." Sent To Street, Apt. No., or PO Sox No, City, State, ZIP.< 1.MU? dlSi;' tV QS?t o b))01° \(\ 9 U fO, PS Form 3649, August 2008 U.S. Postal Service. CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No insurance Coverage Provided) ,For delivery Inforfjaiien vest Posta Codified 000 Restricted Delivery Fee 0 (Endorsement Required) Lri 0 Total Postage o Fees 0150 0001 Sent sdaat. Apt. Na.; or PO Sox No. ky 0 PS Form 3860. August o~ See Rea to tructions_ U.S.. Postal Service,. CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For deliventintormation visit our website at www.usps.corit Postage Certgled Fe Return Receipt Fe (Errdorswnent ROgelref Restricted Delivery (Endorsement Requi Total Postage & Fe samTo Stre...................... t,Apt.No. . or PO Sar 1‘_1°: ..... O; nre.ZP.< CCl\Ac'• rw Y� 11 x'13 Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad SL, Suite 1400 Philadelphia, PA 19109 ATTN:B. Fleming - 47803 Check type of mail or service: 5 Cmaed 0 Recorded Defivsr Qmemrom 9 0 COD 0Registered 0 Delivery Canfinnsrion O Rehm Receipt for M,t,,&se 0 Express Mail 0 Signature Cmfim®cn O WwM Ankle Naar Paye 1 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania 70140150000101354183 Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 U.S. POSTAGE »»PITNEY BOWES ZIP 19109 $ 003.600s 02 1P1 00013774 94 APR. 17. 20 14 2 70140150000101354190 The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 3 70140150000101354206 The United States of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10'b and Constitution Avenues Northwest, Room 4400 Washington, D.C. 20530 Total Number of Pieces Li ted by Sender 3 Total Number of Pieces Received at Post Office 3 4, SENDER: COMPLETE THIS SECTION II Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ✓ Attach this card to the back of the mail lece, or on the front if space permits. t, VP) 1. Article Addressed to: l\ •?l \\ P Ck\r@.Ci u Qf\i Q I•--1b13 COMPLETE THIS SECTION ON DELIVERY A. Signature X vL ❑ Agent ❑ Addressee B. Received by (Printed Name) ,e2 C. Date of Delivery D. Is delivery address different from Item 1? 0 Yes If YES, enter denier k addess'below: 0 No (1,11:: cx:...... Cr�c I 1 er aJ� 3. Spry Type \)--74.,:—,,,--:,_-,- () riffled Mar aI Pdl . all Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number. (fansfer from service labe9 7014 0150 0001 0135 4163 I PS.Form 3811, July 2013. Domestic Return Receipt McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - 1D # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush, The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania and The Honorable Alberto Gonzales Attorney General of the United States Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-1435 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA zs C) c.) c.� C.? 1. The undersigned, hereby certifies that he is the attorney for the Plaintiff for the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriff's Sale was served upon the Defendant, Honorable Alberto Gonzales, Attorney General of the United States, by regular mail, certificate of mailing, and certified mail, return receipt requested, dated April 17, 2014 and addressed to the Department of Justice, 10`h and Constitution Avenues Northwest, Room 4400 Washington DC, 20530, regular mail was never returned, and the certified mail was delivered on April 23, 2014 and signed for by Agent. A true and correct copy of the letter, certificate of mailing, certified receipt number 7014 0150 0001 0135 4206 and signed green card are attached hereto, made part hereof, and marked as Exhibit McCAB ISBERG AND CONWAY,,P.C. BY: [ ] Terrence J. McCabe, Esq. [ s]'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. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS (p DAY OF ! ! CLiJ , 2014 NQa NO ARIAL SEAL STEVEN TRAVASCIO, Notary Pubic City Commiss9or� ExpiresPhiladelphia, FebruaryCounty 92018 EXHIBIT A 0150 0001 0135 7 r1 fl1 rn rl ra OO ((EEnRorete dumrnmdeDRReryuFFeede ) tri rqTotal Postage & Fees :3- Sent o ..ri U.S. Postal Serv.iceTM CERTIFIED MAIL , RECEIPT • (Domestic Mall Only; No insurance Coverage Provided) Fardetivery Information Walt aur•webslteatwww.usps.comm Postage Certified Fee Return Rocelpt Fee (Endorsement Required) Restricted Delivery.Fee (Endorsement Required) Total Postage & Fees Sent To u .S, av7 r1V4.�lY P DDlctW,; or PO6ox No.. �" "Stmet, Apt. N , 9 �(l lll" � Q� k Q. P .0>)/ 111 � Cly, State, .21144 t,1 OE' PS Form 3800, August 2006 urs P o -S,so,Roversc.tor Instructions U.S. Postal Service.., CERTIFIED,MAILoo, RECEIPT (Domestto Mali Qnly; No lnsurance'Coverage Provided) pdeIlvejf0rjtljltjteatwww,uspllltoms: $ y y Postage Certified Fee P Hgfed • LOS . y' m a S 7014 0150 0001 0135 Ciy, State, ZIP+4 1► 'PS Form 3800,Aug26t 2006 See Reverse tor Instructlo6$ U.S. Postal Service= CERTIFIED MAILTM RECEIPT (Domestic Mal l,Only; No insurance Coverage Provided) For dellvery1nformatlon visit our Webstte atviww:uspa.coni , Postage Codified Fee Return Recolpt Fee (Endorsomem Roqulrod) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 87) Sent To 11 "Sireef, Apt No.; (�1,/�/�� l r� DWAh erPOa0XNO. )AP111Y.1J:14suA•.._�1.�.l�i.S).. Cy, State, ZIP+I (`C.lf MU I1 013 Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad SI, Suite 1400 Philadelphia, PA 19109 ATTN:B. Fleming - 47803 Check type of mail or service: o Cereal 0 Decreed Dehwry(hmswEa4) OCOD 0Oecncd O Delivery ConfrmOion 0 Den= Facia ter Mercherdee O Express MW 0 Si®,awe Confirmation 0 Insured Amide Meek. Paye 1 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania 70140150000101354183 Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 ;•,: 41 U.S. POSTAGE* PITNEY BOWES c"eem. ZIP 19YV,09 $ 003.600 s -r; 02 1 . 0001 377494 APR, 17.2014 2 70140150000101354190 The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 3 70140150000101354206 The United States of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10'a and Constitution Avenues Northwest, Room 4400 Washington, D.C. 20530 Total Number of Pieces Listed by Sender 3 Total Number of Pieces Received at Post Office 3 • SENDER: COMPLETE THIS' SECT/ON. • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. o Print your name and address on the reverse so that we can return the card to you. • Attach thls card to the back of the mailpiece or on the front if space permits. C,41 0 1. Article Addressed to: CiMSIl 1AltiV\ (kU t W i S\I\\1i \1}\11 \ 1) C 9 t) `) COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) I D. Is delivery address di if YES, enter delive �� t fro a.. esg ❑ Agent ❑ Addressee C. Date of Delivery Item 1? D Yes ❑ No APR 2 3 2014 3. Service Type a4ertified Mali® 0 Priority Mall Express-. ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7014 0150 0001 0135 4206 PS Form 381.1', July 2013 Domestic Return Receipt McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush, The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania and The Honorable Alberto Gonzales Attorney General of the United States Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-1435 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA 1. The undersigned, hereby certifies that he is the attorney for the Plaintiff for the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriff's Sale was served upon the Defendant, The United States of America c/o United States Attorney for the Middle District of Pennsylvania, by regular mail, certificate of mailing, and certified mail, return receipt requested, dated April 17, 2014 and addressed to the Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108, regular mail was never returned, and the certified mail was delivered on April 21, 2014 and signed for by Agent. A true and correct copy of the letter, certificate of mailing, certified receipt number 7014 0150 0001 0135 4190 and signed green card are attached hereto, made part hereof, and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS tp DAY OF , 2014 McCABE, WEISBERG AND CONWAY, P.C. BY: [ ] 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. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff NOTARY BLIC COMMON ALTH OF PENNSYLVANIA NOTARIAL SEAL STEVEN TRAVASCIO, Notary Pubic City of Philadelphia, Phila. County My Commission Expires February 19, 2018 EXHIBIT A U.S. Postal Servicelm CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No insurance Coverage Provided) Postage Certteed Fen Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee f4rPork ' Rena. Sant To '3`rypet, il{if. Flo.; or PO Sox No. City, Seale, 21P+1 h(.km 9UY0 n . DIY d lsst i A 0 S@efovarsa (or,lnsttuottons U.S. Postal Service,ti, CERTIFIED MAIL. RECEIPT (Domestic Mali Only; No insurance Coverage; Provided) Far delivery Information visit our Webalt8 at WwW.uspa.Com�_ 0150 0001 0135 ra 0 M1 Postage Certified Fa Return Receipt Fee (Endorsemem Required) Restricted DOtSON F O (00000emem Req Total Postage & Fee .,� 1?ost(nark Sem Or PO sort Na. Gly, Stele, ZIP 3 $,ere Ro'erse tar lnstructtolt3 p$ Form 300Ddaugust 2006 Z U.S. Postal Servicetn, . CERTIFIED MAIL, RECEIPT ' (Domestic Mall Only; No Insurance Coverage Provided) For dellvantinformatlon visit our website at Postage Gargled Fee Return Receipt Fee (Endorsement Required) Restrkted Delivery Fee (Endorsement Required) Total Postage & Fees sande 211111R.1 (P^O? (. 411 `$Gest, Apt. u. 1 I V l'b'1.SJ\is ! a_5o ._�1.J. ii or PO Box N. � � an seats, ztP*a OCR 1,'l r 1ti A 11 013 Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St, Suite 1400 Philadelphia, PA 19109 ATTN:B. Fleming - 47803 Check type of mail or service: OCendied O Recorded Delivery (novatiate) O COD 0Reyatered O Delivery Canumatiat 0 acorn Receipt for Mine 0 Esweas Mail 0&ptaum confirmation 0 wmm rim Ankle Nmbv 1 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania 70140150000101354183 Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 '=jt,j'; U.S. POSTAGE)) PITNEYBOWES 21P 19109 $ 003.60° _ 02 1YY 0001377494 APR 17. 2014 2 70140150000101354190 The United States of America do United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 3 70140150000101354206 The United States of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10° and Constitution Avenues Northwest, Room 4400 Washington, D.C. 20530 Total Number of Pieces Listed by Sender 3 Total Number of Pieces Received at Post Office 3 SENDER: COMP ETE T S SECTION • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. 111 Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. (.4 7 0 3 1. Article Addressed to: -Pug m k.Ci et V1C OC Vn F. (J(\ 9)siv\en 2.2! ki)Vta\ a. , 0‘€)0( 9 \-1 1 oc: PLETE SECT/ON ON DELIVERY 0 eM dressee DeJvery 4-- D. Is delivery address different rom Ite0T1F;121 yea If YES, enter delivery address below: 0 No . Serylce Type Mortified Mali® 0 Priority Mall Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) El Yes 2. Article Number (Transfer from service labeO 7014 0150 0001 0135 4190 PS Form 3811, ally 201S , Domestic Retum Receipt McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-1435 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA ND c� The undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on April 17, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last -known address of 14 Paradise Drive, Carlisle, Pennsylvania 17013. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on June 17, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Kenneth R. Roush, by posting the same at the mortgaged premises of 14 Paradise Drive, Carlisle, Pennsylvania 17013. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". SWORN AND SUBSCRIBED BEFORE ME THIS la DAY OF , 2014 McCABE. WEISBERG A BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire Attorneys for Plaintiff ON : Y, P.C. NOTA PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS, JR., Notary Pubfic City of Philadelphia, Phila. County My Commission Expires June 27, 2017 ] Marc S. isberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. 1 Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Jennif-. under, Esquire ' . of A. DiPrinzio, Esquire This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v: Kenneth R RoushandThe United States of America e/o United States Attorney for the Middle District of Pennsylvania Defendants THE PROTRONO 7 013 OCT -9 3: 3 3 CUMBERLAND COUNTY PENNSYLVANIA Curriberland'County Court of Corn:monP-leas Number 10-1435 ORDER AND NOW, this. 'Y1' ay of bdOL 20 13; the Plaintiff is granted leave to serve process in this inortgage foreclosure action:upori the Defendant Kenneth R. Roush, by regular mail aild by certified rnail_, return receipt :requested, to his lastknown address or 14 Paradise Drive, Carlisle, Pennsylvania 1701.3, and by posting the mortgaged premises of 14 Paradise Drive, Carlisle; Pennsylvania 17013. BY THE COURT: EXHIBIT A U.S: PoStal Servica,m - CERTIFIED MAIL,., RECEIPT (Domestio Mail Only; No insurance Coverage Provided) . Fordeliveryinformallon visit our -website at www.usesbom, OFFfic,,,FAL Certified F ri Return Receipt F (Endorsement Requlr Restricted Delivery F GI (Endorsement Roger Ul 0 •-a r - TOW Postage & Fe Smt attof ristq Pfi "t3 ictau_clWa. Ntirier7)W No.; of PO Sae No. waoti‘ a)tivut Sas State, ZIP -.4 PS' Forte 3600,80900! 2006 '9ufi % • • .6eilleverse for Instru0tion6 .• _ „ U,SPostatSe00 rvice CERTIFIED INAILN_RECEIPT • - (Dcyrestic Mali Only; No insurance•Coverage Provided) For delivery Information visit our website at wwWUSP8.00003 Lf1 OFF1CiiAL USE Po Certitiod Fee rR 0 flelom8000IPtFO� (Endomemant Refaiiima Restricted Delivery Foe 0 (Endorsement Required) trl Totai Postage & P000 t . .................... 210+4 ' . I 6oe Reverse for instfuctions ps Form 3600:August 2606 -U.S. Postal Service,,. - • CERTIFIED MAILT„ RECEIPT - ...(Domestic'MaltOnly; No Insurance Coverage Provided)- • For clatIverDnformation visit our Website at www.usps.com 0150 0001 Posta Certified F Return Receipt (Endorsement Reguir Restricted Delivery F (Endorsement Total Postage & F 00 sem To LJ ............... ... IA.:2=411U __Dijra. Xk 4 OM Mtt ,Q A 11 LB Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad SM Suite 1400 Philadelphia, PA 19109 ATTN:B. Fleming - 47803 Check type of mail or service: OC,ni0d O Recorded Deivery (DlemedaW) O COD O Reyneed O Delivery Cmfimarion 0 Ream Ratio for Merchant OExpress Mail OSi®wwe Cmfl,m. O Dewed Lie Mile Nomhe, Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania 70140150000101354183 Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 tAt Y• U.S. POSTAGE)»PITNEY BOWES eti/ ��® ZIP 19109 $ 003.600 02 1SY 0001377494 APR. 17. 2014 2 70140150000101354190 The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 3 70140150000101354206 The United States of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice le and Constitution Avenues Northwest, Room 4400 Washington, D.C. 20530 Total Number of Pieces Li ted by Sender 3 Total Number of Pieces Received at Post Office • EXHIBIT B 4 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY uttt+ttr of enir�b�yyf���d ,.)P.FiCE. OF SHERIFF Citibank, NA Case Number vs. 2010-1435 Kenneth R. Roush (et al.) SHERIFF'S RETURN OF SERVICE 06/16/2014 08:10 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Kenneth R. Roush, pursuant to Order of Court by "Posting" the premises located at 14 Paradise Drive, Middlesex Township, Carlisle, PA 17015, Cumberland County with a true and correct copy according to law. 06/17/2014 04:29 PM - Deputy Dawn Kell, 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 14 Paradise Drive, Carlisle, PA 17013, Cumberland County. SHERIFF COST: $1,358.74 SO ANSWERS, July 08, 2014 RONNY R ANDERSON, SHERIFF (c) C:our tySudo Sncriff. .T I000sott. inc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendant HE. PRO THONOTARY CUp� U� 28 PH 1' 55. FENNS SND COUNTY y Vgtrlq CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1435 AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 23rd day of July, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129.1 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF � �,� ( , 2014 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHONDERA DRAYTON, Notary Public Cly of Philadelphia, Phla Aly CommissionCounty Expires . ianuaiv .31. _IL McCABE, W BJRG & CONWAY, P.C. BY: //) [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff [- larc . Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush and The 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: 10-1435 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 14 Paradise Drive, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Kenneth R Roush 14 Paradise Drive Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Name Address Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17013 The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 File #47803 Page 1 The United State of America The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10th and Constitution Avenues Northwest, Room 4400 Washington, D.C. 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 Plaintiff herein Jeffrey L. Sheaffer, Jr. Address 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Cummings Metropower Inc. 4499 Lewis Road Harrisburg, Pennsylvania 17111 Pennsylvania Department of Revenue Unemployment Compensation Fund Bureau of Compliance Department 280946 Harrisburg, Pennsylvania 17128 L & I Building 16th Floor Harrisburg, Pennsylvania 17121 Pennsylvania State Employees Credit 1 Credit Union Place Union Harrisburg, Pennsylvania 17110 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Pennsylvania Housing Finance Agency Address 211 North Front Street PO Box 15530 Harrisburg, Pennsylvania 17105 Citibank NA 10790 Ranch Bernardo Rd San Diego CA 92127 Chase Manhattan Mortgage Corp 343 Thornall St Edison New Jersey 08837 5. Name and address of every other person who has any record lien on the property: Name Address U.S. Treasury Department Pittsburgh 1000 Liberty Ave Rm 808 Office Pittsburgh PA 15222 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 Middlesex Township 350 N Middlesex Rd ste 2 Carliale PA 17013 File #47803 Page 2 Middlesex Township 50 Beagle Club Rd Carlisle PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue 14 Paradise Drive Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 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 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales File #47803 Page 3 United States of America United States of America do Atty General of the United States United States of America do Atty General of the United States 8. Name and address of Attorney of record: Name None 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, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 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 made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE McCABE, WEISBERG & CO AY, P.C. BY: [ ] Terrence J. M Cabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff arc S.' eisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Jennifer L. Wunder, Esq. ] Carol A. DiPrinzio, Esq. Re: Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 v. Kenneth R Roush. et al. Cumberland County; Number: 10-1435 File #47803 Page 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth R Roush and The United States of America do United States Attorney for the Middle District of Pennsylvania Defendants DATE: July 23, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-1435 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania PROPERTY: 14 Paradise Drive, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $68,599.21 The above -captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on September 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 1400or Philadelphia, PA 19109 Attn: SHONDERA DRAYTON 47803 - � Check type of mail or service: 0 Certified 0 Recorded Delivery (International) ❑ COD 0 Registered ❑ Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation ❑Insured Affix Stamp HP -- (if issued as a certificate of mailing,' for additional copies of this bill) Postmark and Date of Receipt it r v .: ` , U.S.. t ��` • , ` ' ' � � �rk i.. �i•( -_i r �, '� ZIP , 02 L /1` 0001377494 POSTAGE�j ��_��� ��� ry 1910 1W —_ ril�� ___��� 9 PITNEY $ 032 JUL. BOWES aimmor 40 23. 2014 Line Article Number Addressee Name, Street and PO Address Postage Fee Handling g. Chane , 1 RR Fee Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 v. Kenneth R Roush and The United States of America c/o United States Attorney for the Middle District of Pennsylvania 1 Middlesex Township 350 N Middlesex Rd ste 2 Carliale PA 17013 2 Middlesex Township 50 Beagle Club Rd Carlisle PA 17013 a,‘`Nd'Sdso 3 Chase Manhattan Mortgage Corp 343 Thornall St Edison New Jersey 08837 z a :o 7 2 .i ,Y !- - Citibank NA 10790 Ranch Bernardo Rd San Diego CA 92127 , • ,9i�0 yay, No 5 Jeffrey L. Sheaffer, Jr. 6601 Carlisle Pike Mechanicsburg, Pennsylvania 17050 6 Cummings Metropower Inc. 4499 Lewis Road Harrisburg, Pennsylvania 17111 7 Pennsylvania Department of Revenue Bureau of Compliance Department 280946 Harrisburg, Pennsylvania 17128 8 Unemployment Compensation Fund L & I Building 16th Floor Harrisburg, Pennsylvania 17121 Pennsylvania State Employees Credit Union 1 Credit Union Place Harrisburg, Pennsylvania 17110 10 Pennsylvania Housing Finance Agency 211 North Front Street PO Box 15530 Harrisburg, Pennsylvania 17105 11 U.S. Treasury Department Pittsburgh Office 1000 Liberty Ave Rm 808 Pittsburgh PA 15222 12 Tenants 14 Paradise Drive Carlisle, Pennsylvania 17013 13 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 14 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8`" Street Suite #204 Philadelphia, PA 19107 15 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 16 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 17 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 18 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 19 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales 20 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 21 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 22 Tax Claim Bureau 1 Courthouse Square Carlise, PA 17013 23 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales 24 United States of America do United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 25 United States of America do United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 26 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 27 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Total Number of Pieces Listed by Sender PS Form 3877, August 2000 Total Number of Pieces Received at Post Office Postmaster, Per (Name of receiving employee) Complete by Typewriter, Ink, or Ball Point Pen The full declaration of value is required on all domestic and international registered mail The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces lost or damages m a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is 5500, but optional Express Mail Service merchandise is available for up to $5,000 to some, but not all countries. The mail. maximum See Domestic Mail Malmo! 1(900, S9I3, and 5921 for limitations of coverage on insured andD mail, �See Inty ternational is Moil Manual four limitations of coverage on international mail. Special handling charges apply only to Standard Mail (A) and Standard Mail (8) parcels. McCABE, WESIBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth Roush Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 10-1435 Notice of the Date of Continued Sheriff's Sale N c -n The Sheriff's Sale scheduled for September 3, 2014 at 10:00 A.M. in the above -captioned matter has been continued until October 1, 2014 at 10:00 A.M. Certificate of Filing On this date, a Notice of the Date of Continued Sheriff's Sale in the above -captioned matter was sent for filing with the Prothonotary of CUMBERLAND County. Certification of Service On this date, a Notice of the Date of Continued Sheriff's Sale was served by first-class mail, postage prepaid upon the following: The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10th and Constitution Avenues Northwest, Room 4400Washington, D.C., 20530 Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania, 17013 Date: ©G 02 .e6( ti The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754Harrisburg, Pennsylvania, 17108 McCABE, WEISBERG BY:_ [ ] Terrence J. McCabe, Esq. [,]-Marc S. Wei erg, Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. ON AY, P.C. [ ] 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, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff i McCABE, WESIBERG & 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 -11) # 7477U MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff v. Kenneth Roush Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 10-1435 Notice of the Date of Continued Sheriffs Sale The Sheriff's Sale scheduled for September 3, 2014 at 10:00 A.M. in the above -captioned matter has been continued until October 1, 2014 at 10:00 A.M. Certificate of Filing On this date, a Notice of the Date of Continued Sheriff's Sale in the above -captioned matter was sent for filing with the Prothonotary of CUMBERLAND County. Certification of Service On this date, a Notice of the Date of Continued Sheriff's Sale was served by first-class mail, postage prepaid upon the following: The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10th and Constitution Avenues Northwest, Room 4400Washington, D.C., 20530 Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania, 17013 Date: The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754Harrisburg, Pennsylvania, 17108 McCABE, WEISBERG BY: CONWAY, P.C. [ ,}-Marc S. Wei erg, Esq. [ ] Margaret Gairo, Esq. q. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. sq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esquire [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Es [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, E [ ] Lena Kravets, Esquire Attorneys for Plaintiff McCABE, WESIBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Citibank, N.A., As Trustee For Chase Funding Mortgage Loan Asset -Backed Certificates, Series 2002-3 Plaintiff Kenneth R Roush Defendants Attorneys for Plaintiff *He PRoIti011 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 10-1435 Notice of the Date of Continued Sheriff's Sale The Sheriff's Sale scheduled for October 1, 2014 at 10:00 A.M. in the above -captioned matter has been continued until December 3, 2014 at 10:00 A.M. Certificate of Filing On this date, a Notice of the Date of Continued Sheriff's Sale in the above -captioned matter was sent for filing with the Prothonotary of CUMBERLAND County. Certification of Service On this date, a Notice of the Date of Continued Sheriff's Sale was served by first-class mail, postage prepaid upon the following: Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania, 17013 01(/61 (6( Date: The United States of America c/o United States Attorney for the Middle Disctrict of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754Harrisburg, Pennsylvania, 17108 The Honorable Alberto Gonzales Attorney General of the United States United States Department of Justice 10th and Constitution Avenues lwest, Room 4400Wash.. , D ' ., 1530 BY: [ ] Terrence J. McCabe, 'sq [ ] Edward D. Conwa , Esq. [ 1 Andrew L. Markowitz, Esq. [ Christine L. Graham, Esq. [ , Joseph F. Riga, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Joseph I. Foley, Esq. [ ] Carol A. DiPrinzio, Esquire.