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FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F, KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NORWEST BANK MINNESOTA, N.A.,
AS TRUSTEE OF AMERIQUEST MORTGAGE
SECURITIES INC., FLOATING RATE PASS-THROUGH
CERTIFICATES, SERIES 2000-2 UNDER THE POOLING
AND SERVICING AGREEMENT DATED JUNE 1,2000,
505 SOUTH MAIN STREET, 6TH FLOOR
ORANGE, CA 92868
TERM
Plaintiff
NO. (;),;:'a) - 8'(P <Ii
v.
CUMBERLAND COUNTY
JOHN A. RUBY
9 YOHE ROAD
NEWVILLE, P A 17241
Defendant( s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
"-rIDS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND TIDS DEBT WAS NOT REAFFIRMED, TIDS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "
You have been sued in Court, If you wish to defend against the claims set forth in the following
pages, you must take action wit1rin 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 obj ections 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
Loan #, 0015077209
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1. Plaintiff is:
NORWEST BANK MINNESOTA, N.A.,
AS TRUSTEE OF AMERIQUEST MORTGAGE
SECURITIES INC., FLOATING RATE PASS-THROUGH
CERTIFICATES, SERIES 2000-2 UNDER THE POOLING
AND SERVICING AGREEMENT DATED JUNE 1,2000.
505 SOUTH MAIN STREET, 6TH FLOOR
ORANGE, CA 92868
2. The name(s) and last known address(es) of the Defendant(s) are:
JOHN A. RUBY
9 YOHE ROAD
NEWVILLE, P A 17241
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 1/26/00 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No, 1594, Page 411.
PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an
assignment of same.
4. The premises subject to said mortgage is described as attached.
5, The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 8/1/00 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit" A."
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6. The following amounts are due on the mortgage:
Principal Balance
mterest
7/1/00 through 12/1/00
(Per Diem $17.3 7)
Attorney's Fees
Cumulative Late Charges
1/26/00 to 12/1/00
Cost of Suit and Title Search
Subtotal
$43,132.36
2,674.98
800.00
126.96
550.00
$47,284.30
Escrow
Credit
Deficit
Subtotal
0.00
525.00
$ 525.00
TOTAL
$47,809.30
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P.S. ~ 1680.403c on the date(s) set forth in the true and correct copy of
such notice(s) attached hereto as Exhibit "A."
9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs written Notice to Defendants,
a true and correct copy of which is attached hereto as Exhibit "A"; or
(ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$47,809.30, together with interest from 12/1/00 at the rate of$17.37 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
/2i
FRANK FEDERMAN, ES
Attorney for Plaintiff
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ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
DATE: October 9, 2000 FORECLOSURE
TO:
John A. Ruby
9 Y ohe Road
Newville, PA 17241-9015
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,
This is an official notice that the morteaee on vour home is in default and the lender intends to foreclose.
Soecific information about the nature of the default is orovided in the attached oaees.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save
vour home. This Notice exolains how the oroeram Works.
To see ifHEMAP can helo. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with vou when vou meet the
Counseline Aeencv,
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The name. address and ohone number of Consumer Credit Counseline Aeencies servine vour County are
listed at the end of this Notice. Ifvou have anv auestions. vou mav call the Pennsvlvania Housine Finance
Aeencv toll free at 1-800-342-2397. (Persons with imoaired hearine can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area, The local bar association may be able to help you fmd a lawyer,
LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
Jt,1ENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA
llAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
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STATEMENTS OF POLICY
HOMEOWNER'S NAME(S): John A. Ruby
PROPERTY ADDRESS: 9 Yohe Rd.-Newville, PA 17241
LOAN ACCT. NO.: 0015077209
ORIGINAL LENDER: Ameriquest Mortgage Company
CURRENT LENDER/SERVICER: Ameriquest Mortgage Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAYBE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE.
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a face-tn-face meeting with one of the consumer credit counseling agencies listed at the
end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one ofthe consumer credit
counseling agencies listed at the end of this notice the lender mav NOT take action ."ainst vou for thirty
(30) davs after the date ofthismeerlng. The names. addresses and teleahone numbers of desil!l1ated
consumer credit counseling agencies for the county in which the arooertY is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv
of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and tile a completed Homeowner's Emergency Assistance Program Application with one ofthe
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
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above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT,
f ou have med bankru te ou can still a I for Emer ene Mort a e Assistance.
HOW TO CURE YOUR MORTGAGE DEFAULT ffirinlZ it uo to date),
NA TORE OF THE DEF AUL T -The MORTGAGE debt held by the above lender on your property located
at: 9 Y obe Rd.-NeWVille, PA 17241 IS SERIOUSLY IN DEF AUL T because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End: 8/1/00 thru 10/1/00 at $530.01 per month,
Monthly Payments Plus Late Charges Accrued $1,653.51
NSF: $0.00
Inspections: $0.00
Other: $0.00
(Suspense): $0,00
Total amount to cure default $1,653,51
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not aoolicable): NIA
HOW TO CURE THF. DEF AUL T -You may cure the default within TillRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,653,51,
, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
, THE THIRTY (30) DAY PERIOD. Pavrnents must be made either bv cash, cashier's check. certified
check or money order made oavable and sent to: AMERIQUEST MORTGAGE COMPANY, 505
, South Main Street, Suite 6000, Orange, CA 92868, Attention: Collections Department.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter. (Do not uSe if not aoolicable.) NIA,
IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortlZalZe debt. This means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclose uoon your 1110rtlZalZe orooerlY,
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50,00,
Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable
costs. Ifvou cure the default within the THIRTY (30) DAY oeriod. yOU will not be recuired to oav
attornev's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ril!ht to
cure the default and prevent the sale at any time UP to one hour before the Sheriff s Sale. You may do so
bv pavinlZ the total amount then oast due. plus any late or other charges then due. reasonable attorney's fees
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and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as
soecified in writing bv the lender and bv oerfonning anv other reauirements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSffiLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of
this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER: AMERIQUEST MORTGAGE COMPANY
505 South Main Street, Suite 6000
Orange, CA 92868
Tel:(800) 430-5262 x5931
Attention: Collections Department
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied,
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT,
. TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED
Very truly yours,
AMERlQUEST MORTGAGE COMPANY
Cc: Ameriquest Mortgage Company
Attn: Collections Department
Account No.: 0015077209
Mailed by 1" Class mail /Certificate of Mailing and Certified Mail No: 7000 0600 0026 8244 1273
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PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
(REV. 8/00)
CUNTON COUNTY
Lycoming..clinton Counties Commision for
Community Action (STEP)
2138 Lincoln Street P,O, Box 1328
Williamsport, P A 17703
(570) 326-0587 FAX (570) 322-2197
CCCS of Northeastern P A
1631 South Atherton St, Suite 100
State Cnllege, PA 16801
(814) 238-3668 FAX (814) 238-3669
CCCS of Northeastern PA
201 Basin Street
Williamsport, P A 17703
(570)323-6627 FAX (570)323-6626
31 W, Market Street
?OB 1127
Wilkes-Barre, PA 18702
(570) 821.Q8370r (800) 922-9537
FAX (570) 821-1785
COLUMBIA COUNTY
1400 Abington Executive Park
Suite 1
Clarks Summit PA 18411
(570) 587-9163 or (800) 922-9537
FAX (570) 587-9134-9135
Commission on Economics Opportunity ofLuzeme County
163 Amber Lane
Wilkes-Barre, PA 18702
(570) 826.Q510 or (800) 822.Q359
FAX (570) 829-1 665-(Cal1 Before Faxing)
(570) 4554994 Hazeltown
FAX (570) 455-5631-(Call Before Faxing)
(570) 8364090 Tunkhannock
CRAWFORD COUNTY
Booker T. Washington Center
1720 Holland Center
Erie, P A 16503
(814) 453-5744 FAX (814) 5749
Greater Erie Community Action Committee
18 West 9th Street
Erie, PA 16501
(814) 4594581 FAX (814) 456.Q161
John F. Kennedy Center, Inc.
2021 East 20. Street
Erie, PA 165 JO
(814) 898-0400
FAX (814) 898-1243
Sbenango Valley Urban League, Inc,
601 Indiana Avenue
Farrell. PA 16121
(412) 981-5310 ,
CUMBERLAND COUNTY
Financial Counseling Services of Franklin
31 West 3" Street "
Waynesboro, PA 11268
(717) 762-3285
eees of West em Pennsylvania. Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League ofMettopolitan Harrisburg
N.6lb.Street
Harrisburg, PA 17101
(717) 234-5925 FAX (717) 234-9459
YWCA of Carlisle
301 "0" Street
Carlisle, PA 17013 .
(717) 243-3818 FAX (717)731-9589
,
Community Action Carom of tile Capital Region
1514 Deny Street
Harrisburg, PA 17104
(717)232-9757 FA.,((717)234-2227
Adams County Housing Authority
139-143 Carlisle St
Oettysburg, PAl 7325
(717) 334-1518 FAX 334-8326
PENNSYL VANIA BULLETIN, VOL. 29. NO. 23, JUNE 5, 1999
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ALL that cert
thereon erect, L::
county, Penn 51: ],',
tract of ~and, together with the improvements,
situate in North Newton Township, Cul:llber~and
inia, bounded and described as fo~~ows:
BE,GrNN:!NG at l ?ost in a pub~ic road(former~y the stat~ roaci
l~,ading from '.,", 'Ville to Doubling Gap'): thence by an abandoned
r9'ad (:formerl' leading to Ginter's Mill), South 71..75 degrees
Ea'st 1.8.1. pel ~'I', IS to a ::fence post; thence by the same, South
65.75 degrees .. 1st 14 perches to a stone at corner of 1ands
f<;l'rmerly of 1< tane McCr:ea: thence by land now or former.~y of
sa'icl K. Jane,} :,,:: :ea, 'South:3 degrees West 26 perches to corner of
~ancl now or f( ~'I, arly of John McCrea and W. H, McCrea, Jr.; thence
by the :Last :n: >;':, .ioned land,South87 degrees West 11.5 perches
(inadvertent11 .., lcited. cU. 1.1.5 perches in prior deed of record) to
a post; thenCE I" r the same, North 3.50 degrees Ea'st 1.5 perches to
a corner comm "~,: to McCrea and this tx-act; thence continuing on
th,is same COl ~'" ~ a~ong 1.anc:ls now or formerly of Marlin Yohe
(~ormerly par' ,'f this tract), 1.51..3 feet to a' post; thence by
the same, Nor' t.. 82.25 degx-ees West 1.88.6 feet to a post; thence
by tl:le same, : c:-:: 'eh 65 degrees West ($ 6 feet' to a post; thence by
the 'same, Nor ,I', 80 degrees 1.5 minutes West 3.01. feet to a point
in the afores .:; pub~ic road; thence by said road, North 3.50
degrees East ,r 7 perches to a point, the place of BEGINNING.
CI ~I:: \:tN:tNG three and on",-haJ.J: acres, moJ:"e or less.
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; the same premises that JUANITA M. MILLER, now by marr~age,
[TA M. RUBY and JOHN A. RUBY, husband and wife, by their deed
i the 2nd day 'of October, 1.986, and reooJ:"ded in the Office of
Recorder of Deeds" in and for CUll1ber~and county,
;;ylvania, in Deed Boo:k "1"", VoJ.ume 32, Page 331., granted and
ayed unto JoHN A. .RUBY and JUANITA M. RUBY, husband and wife,
~:rantors herein.
T: ;l.;:, is a conveyance :from husband and wife to husband: and
1:: <If';: rafOJ:"e, is not sul:>j ect to transfer taxes.
..
TOGETHER with aJ.J. the. buildings, improvements, ways,
s ,~' ets,alJ.eys, passages, waters, water-courses, rights,
1 }:,.. rties, privi:Leges, herediments, and appurtenances whatsoever,
t ," eunto belonging or in any way appertaining and the
r ',', rsions, the remaindeJ:"s, rents, issues and prOfits thereof,
a (:1 aJ.J. the estate, right,' title, intere$t, property, c~aim, and
r ,t;..' nd whatsoever of the said Grantox-s, in law, equity, or
<? 1-" rwise howsoever, of, in" to, or out of the same'.
the said Grantors hereby covenant and agree that they will
ant speciaJ.ly the property heJ:"eby conveyed.
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r:I:'l'NESS WHEREOF, the GrantoJ:"s have hereunto set their hands
seals the day and year above wx-itten.
PREMISES ON:
9 YORE ROAD, NEWVILLE, PA 17241
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VERIFICATION
Priscilla Clark hereby states that he/she is Foreclosure Specialist of
mortgage servicing agent for Plaintiff in this matter, that he/she is
authorized to take this Verification, and that the statements made in
the foregoing Civil Action in Mortgage Foreclosure are true and correct
to the best of his/her knowledge, information and belief. The
undersigned understands that this statement is made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
DATE:
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Priscilla Clark, Foreclosure Specialist
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08649 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORWEST BANK MINESOTA NA ET AL
VS
RUBY JOHN A
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
RUBY JOHN A
the
DEFENDANT
, at 0011:13 HOURS, on the 21st day of December, 2000
at 226 N PITT ST
CARLISLE, PA 17013
by handing to
JOHN RUBY
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So Answers:
~~ t.s<~~_,
R. Thomas Kline
12/21/2000
FEDERMAN &
Sworn and Subscribed to before By:
me this !3~
day of
~l A.D.
'~I
rothonotary
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FEDERMAN AND PHELAN
By: FRAJ{KFEDE~
Identification No. 12248
Two Penn Center Plaza - Suite 900
Philadelphia, PA 19102
(215) 563-7000
Attorney for Plaintiff
NORWEST BANK MINNESOTE, N,A.,
AS TRUSTEE OF AMERIQUEST
MORTGAGE SECURITIES INC.,
FLOATING RATE PASS.THROUGH
CERTIFICATES, SERIES 2000-2
UNDER THE POOLING AND
SERVICING AGREEMENT DATED
JUNE 1, 2000,
505 SOUTH MAIN STREET,
6th FLOOR
ORANGE, CA 92868
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO. 2000-8649
Plaintiff
VS,
JOHN A. RUBY
226 NORTH PITT STREET
CARISLE, P A 17013
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment, in rem, in favor of the Plaintiff and against JOHN A. RUBY,
Defendant( s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as
follows:
As set forth in Complaint
Interest 12/01/00 TO 02/06/01
TOTAL
$47,809.30
$1.181.16
$48,990.46
I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above,
and (2) notice has been given in accordance with Rule 237.1, copy attached.
41'UVJ(k4.1 dl/?/Y;I'~
FRANK FEDE~, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: ,:}'7.0/ /5/ ~d;; ~ ~
PRO P THY /.,e:)L-
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS
NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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FEDERMAN AND PHELAN, L.L.P.
Frank Federman, Esquire
Identification No. 12248
One Penn Center Plaza at
Suburban Station, Suite 1400
Philadelphia, PA 19103-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
NORWEST BANK MINNESOTA, N.A.
AS TRUSTEE OF AMERIQUEST
MORTGAGE SECURITIES INC.,
FLOATING RATE PASS-THROUGH
CERTIFICATES, SERIES 2000-2
UNDER THE POOLING AND
SERVICING AGREEMENT DATED JUNE
1, 2000
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 2000-8649
Plaintiff
vs.
JOHN A. RUBY
Defendant(s)
FILE COpy
TO: JOHN A. RUBY
9 YOHE ROAD
NEWVILLE, PA 17241
DATE OF NOTICE: JANUARY 11. 2001
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed 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 notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No, 12248
Suite 900
Two Penn Center Plaza
Philadelphia, P A 19102
(215) 563-7000
Attorney for Plaintiff
NORWEST BANK MINNESOTE, N.A.,
AS TRUSTEE OF AMERIQUEST
MORTGAGE SECURITIES INC.,
FLOATING RATE PASS-THROUGH
CERTIFICATES, SERIES 2000-2
UNDER THE POOLING AND
SERVICING AGREEMENT DATED
JUNE 1, 2000.
: CUMBERLAND COUNTY
: Court of Common Pleas
: CIVIL DIVISION
: NO. 2000.8649
Plaintiff
vs.
JOHN A. RUBY
Defendant(s)
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant(s) is/are 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 of1940, as amended
(b) that defendant JOHN A. RUBY is over 18 years of age and resides at 226
NORTH PITT STREET, CARISLE, PA 17013,
This statement is made subject to the penalties of 18 Pac C,S. Section 4904 relating
to unsworn falsification to authorities,
.If/l iJ/K j0/)..IAt /I~
FRANK FEDERMAN
Attorney for Plaintiff
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(Rule of Civil Procedure No, 236 - Revised)
NORWEST BANK MINNESOTE, N.A.,
AS TRUSTEE OF AMERIQUEST
MORTGAGE SECURITIES INC.,
FLOATING RATE PASS-THROUGH
CERTIFICATES, SERIES 2000-2
UNDER THE POOLING AND
SERVICING AGREEMENT DATED
JUNE 1, 2000.
: CUMBERLAND COUNTY
: Court of Common Pleas
: CIVIL DIVISION
: NO, 2000-8649
Plaintiff
vs.
JOHN A, RUBY
Defendant(s)
Notice is given that a Judgment in the above captioned matter has been entered against you on
FEBRUARY , 2000,
By IG(
taJz ,eo ~
DENJTY
g"'*,h~
If you have any questions concerning this matter, please contact:
FRANK. FEDERMAN. ESOUIRE
Attorney for Filing Party
SUITE 900
TWO PENN CENTER PLAZA
PHILADELPHIA. PA 19102
(215) 563-7000
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND TffiS DEBT WAS NOT REAFFIRMED, TffiS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(71~) ~1i1-7000
ATTORNEY FOR PLAlNTIFF
COURT OF COMMON PLEAS
CNIL DNISION
NORWEST BANK MINNESOTA, N.A., AS CUMBERLAND COUNTY
TRUSTEE OF AMERIQUEST MORTGAGE
SECURITIES INC., FLOATING RATE No.: 2000-8649
PASS-THROUGH CERTIFICATES, SERIES
2000-2 UNDER THE POOLING AND
SERVICING AGREEMENT DATED JUNE 1,
2000.
vs.
JOHN A. RUBY
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PTTRSTTANT TO P R (; P ,404(7)/401
FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the
Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail to Defendant,
JOHN A. RUBY at 226 NORTH PITT STREET, CARLISLE, P A 17013, which notice of Sheriffs
Sale was received by Defendant, JOHN A. RUBY on March 9, 2001 as evidenced by the attached
return receipt.
The undersigned understands that this statement is made subject to the penalties of 18 P A
C.S. s 4904 relating to unsworn falsification to authorities.
~~~
F FEDE , ESQUIRE
Date: M"r"j, 7Ii 7001
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226 NORTH PITT STREET
CARLISLE, PA 17013
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PS Form 3811, June 2000
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
NORWEST BANK MINNESOTA, N.A" AS TRUSTEE
OF AMERIQUEST MORTGAGE SECURITIES INC.,
FLOATING RATE PASS-THROUGH CERTIFICATES,
SERIES 2000-2 UNDER THE POOLING AND
SERVICING AGREEMENT DATED JUNE 1,2000.
PI~intiff,
CUMBERLAND COUNTY
No. 2000-8649
v.
JOHN A. RUBY
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$48.990.46 ..;
Interest from 2/6/01 - 6/6/01
$966.00 and Costs
(per diem - $8.05)
$49.956.46 TOTAL
~M'2t~
ONE PENN CENTER at SUBURBAN STATION
SUITE 1400
PHILADELPHIA, PA 19103
Attorney for Plaintiff
Note: Please attach description of property. No.
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DESCRIPTION
ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in
North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in a public road (formerly the sate road leading from Newville to Doubling
Gap); thence by an abandoned road (formerly leading to Ginter's Mill), South 71.75 degrees East
18. 1 perches to a fence post; thence by the same, South 65,75 degrees East 14 perches to a stone at
comer of lands formerly of K. Jane McCrea; thence by land now or formerly of said K. Jane
McCrea, South 3 degrees West 26 perches to corner of land now or formerly of John McCrea and
W.H. McCrea, Jr,; thence by the last mentioned land, South 87 degrees West 11.5 perches
(inadvertently recited as 115 perches in prior deed of record) to a post; thence by the same, North
3,50 degrees East 15 perches to a corner common to McCrea and this tract; thence continuing on
this same course along lands now or formerly of Marlin Yohe (formerly part of this tract), 151,3
feet to a post; thence by the same, North 82.25 degrees West 188,6 feet to a post; thence by the
same North 65 degrees West 66 feet to a post; thence by the same, North 80 degrees 15 minutes
West 101 feet to a point in the aforesaid public road; thence by said road, North 3,50 degrees East
10.7 perches to a point, the place of beginning,
CONTAINING three and one-half acres, more or less.
Tax Parcel #30-07-0483-012
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN John A, Ruby by reason of the following:
BEING THE SAME premises which Juanita M. Miller, now by marriage Juanita M, Ruby and John
A. Ruby, husband and wife, by Deed dated 10/2/86 and recorded _1_1_ in the County of
Cumberland in Deed Book "F", Volume 32, page 331 conveyed unto John A, Ruby and Juanita M,
Ruby, husband and wife.
AND ALSO BEING THE SAME premises which John A. Ruby and Juanita M. Ruby, husband and
wife, by Deed dated 9/11/91 and recorded 9/26/91 in the County of Cumberland in Deed Book "I",
Volume 35, page 72 conveyed unto John A. Ruby, '
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NORWEST BANK MINNESOTA, N.A., AS TRUSTEE
OF AMERIQUEST MORTGAGE SECURITIES INC"
FLOATING RATE PASS-THROUGH CERTIFICATES,
SERIES 2000-2 UNDER THE POOLING AND
SERVICING AGREEMENT DATED JUNE 1, 2000.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DMSION
Plaintiff,
v,
NO, 2000-8649
JOHN A. RUBY
Defendant(s),
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
NORWEST BANK MINNESOTA. N.A.. AS TRUSTEE OF AMERIOUEST MORTGAGE
SECURITIES INC.. FLOATING RATE PASS-THROUGH CERTIFICATES. SERIES 2000-2
UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1.2000" Plaintiff in
the above action, by its attorney, FRANK. FEDERMAN, ESQUIRE, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real property
located at 9 YOHE ROAD. NEWVILLE. PA 17241.
1. Name and address ofOwner(s) orreputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN A. RUBY
226 NORTH PITT STREET
CARLISLE, P A 17013
2. Name and address of Defendant( s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Keystone Financial
P.O. Box 1384
Pottsville, P A 17901
,
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4. Name and address ofthe last recorded holder of every mortgage ofrecord:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
9 YOHE ROAD
NEWVILLE, P A 17241
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of
Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
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 ofI8 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities.
/K~~
FRANK FEDERMAN, ESQUIRE ~
Attorney for Plaintiff
February 15. 2001
DATE
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FEDE~andPHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
NORWEST BANK MINNESOTA, N.A., AS TRUSTEE
OF AMERlQUEST MORTGAGE SECURITIES INC.,
FLOATING RATE PASS-THROUGH CERTIFICATES,
SERIES 2000-2 UNDER THE POOLING AND
SERVICING AGREEMENT DATED JUNE 1,2000.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
NO. 2000-8649
v,
JOHN A. RUBY
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pac e.s. Section 4904 relating to unsworn
falsification to authorities.
%~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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NORWEST BANK MINNESOTA, N.A., AS TRUSTEE
OF AMERIQUEST MORTGAGE SECURITIES INC.,
FLOATING RATE PASS-THROUGH CERTIFICATES,
SERIES 2000-2 UNDER THE POOLING AND
SERVICING AGREEMENT DATED JUNE 1,2000.
Plaintiff,
CUMBERLAND COUNTY
No. 2000-8649
v.
JOHN A. RUBY
Defendant(s).
February 15,2001
TO: JOHN A. RUBY
226 NORTH PITT STREET
CARLISLE, PA 17013
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 9 YOHE ROAD, NEWVILLE. PA 17241, is scheduled to be sold at
the Sheriffs Sale on JUNE 6, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover
Street, Carlisle, PA 17013, to enforce the court judgment obtained by NORWEST BANK
MINNESOTA, N,A.. AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES INC..
FLOATING RATE PASS-THROUGH CERTIFICATES, SERIES 2000-2 UNDER THE
POOLING AND SERVICING AGREEMENT DATED JUNE 1,2000, (the mortgagee) against you.
If the Sheriffs sale is postponed, the property will be relisted for the September 5,2001 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERlFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
L The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
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.
~._"..... -~.
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.'
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 notice on page two 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.
I. 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 (215) 563-7000.
2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. Ifthe amount due from the Buyer is not paid to the Sheriff, you win remain the owner of the
property as if the sale never happened.
5, You have the 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 house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
~~~
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DESCRlPTION
ALL THAT CERT,\IN tract of land, tog~th~r with th~ improvem~nts th~reon ~rected, siruare in
North l'i~wton Township. Cumberland County, Pennsylvania, bounded and describ~d as follows:
BEGINNI:.iG a[ a point in a public road (form~rly th~ sat~ road leading from Newville to Doubling
Gap); th~nce by an abandon~d road (formerly l~ading [0 Ginter's Mill), South 71.75 degrees East
18,1 perch~s to a f~nc~ post; thence by the same, South 65,75 degrees East 1-1- perches to a stone at
com~r of lands form~rly of K. Jane McCrea; thence by land now or formerly of said K. Jane
McCrea, South 3 d~gre~s West 26 p~rch~s to corner of land now or formerly of John McCrea and
W,H, McCr~a, Jr.; th~nce by th~ last mention~d land, South 87 degrees West 11.5 p~rches
(inadvertently reci[~d as 115 p~rches in prior deed of record) [0 a post; thence by the same, North
3,50 degrees East 15 p~rch~s to a corn~r common to McCrea and [his tract; 'lh~nce continuing on
this same cours~ along lands now or formerly of Marlin Yohe (formerly part of this tract), 151.3
feet to a post; thence by the same, North 82,25 degrees West 188,6 feet to a post; thence by the
same North 65 degre~s W~st 66 feet to a post; th~nce by [he same, North 80 degrees 15 minutes
W~st 101 f~~t [0 a point in the afor~said public road; thence by said road, North 3,50 degrees East
10,7 p~rches to a point, th~ plac~ of beginning,
CONTAINING thre~ and on~.half acr~s. more or less,
Tax Parcel #30-07-0483-012
RECORD OW~'ER
TITLE TO SAID PREMISES IS VESTED IN John A, Ruby by reason of the following:
BEING THE SAME premises which Juanita M, Mill~r, now by marriage Juanita M, Ruby and John
A, Ruby. husband and wife, by Deed dated 10/2186 and recorded _1_1_ in the County of
Cumberland in D~ed Book "F', Volume 32, page 331 conveyed unto John A. Ruby and Juanita M,
Ruby. husband and wif~,
AND ALSO BEING THE SAME premises which John A, Ruby and Juanita M, Ruby, husband and
wife, by D~~d dated 9/11191 and record~d 9/26/91 in th~ County of Cumberland in Deed Book ''I'',
Volume 35, p:lge 72 conveyed unto John A, Ruby,
.
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SALE DATE: JUNE 6, 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
NORWEST BANK MINNESOTA, N.A. AS
TRUSTEE
No.: 00-8649 CNIL
vs,
JOHN A. RUBY
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C,P, 405 OF NOTICE OF SALE
Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of
Execution was filed the following infonnation concerning the real property located at:
9 YOHE ROAD, NEWVILLE, P A 17241.
As required by Pac R.C.P. 3l29.2(a) Notice of Sale has been given in the manner
required by Pac R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth
on the attached Affidavit No, 2 (previously filed), and a copy ofthe notice is attached as an
Exhibit. A copy of the Certificate of Mailing (Fonn 3817) and/or Certified Mail Return Receipt
stamped by the U.S. Postal Service is attached for each notice.
~~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
-
May 2, 2001
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NORWEST BANK MINNESOTA, N.A., AS TRUSTEE
OF AMERIQUEST MORTGAGE SECURITIES INC"
FLOATING RATE PASS-THROUGH CERTIFICATES,
SERIES 2000-2 UNDER THE POOLING AND
SERVICING AGREEMENT DATED JUNE 1,2000,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v,
NO. 2000-8649
JOHN A. RUBY
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No, 1)
NORWEST BANK MINNESOTA. N,A.. AS TRUSTEE OF AMERIOUEST MORTGAGE
SECURITIES INC.. FLOATING RATE PASS-THROUGH CERTIFICATES. SERIES 2000-2
UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1,2000., Plaintiff in
the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real property
located at 9 YOHE ROAD. NEWVILLE, PA 17241.
L Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN A. RUBY
226 NORTH PITT STREET
CARLISLE, P A 17013
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Keystone Financial
P.O, Box 1384
Pottsville, P A 17901
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4. Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
5. Name and address of every other person who has any record lien on the property:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
9YOHEROAD
NEWVILLE, PA 17241
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of
Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
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 of1S Pac C.S. Sec. 4904 relating to unsworn falsification to authorities.
/K~~
FRANK FEDERMAN, ESQUIRE ~
Attorney for Plaintiff
Februarv 15. 2001
DATE
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.
DATE: 02/15/01
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S) JOHN A. RUBY
PROPERTY: 9 YOHE ROAD
NEWVILLE, PA 17241
Improvements: Residential Property
CUMBERLAND COUNTY
The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 6.
2001. at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street. Carlisle. PA. Our
records indicate that you may hold a mortgage or judgment on the property, which may 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 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
LH
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} ss.
Robert P Ziegler
I, -------------------------------------________________o________________________Ilecorderof
Deeds in and for said County and State do 'hereby cenify that the Sheriff's Deed in which ________________
Wells Fargo Bank Minnesota NA sbm Norwest Bank Minnesota N A Tf
-------------------------------------------------_____-_____________________________ ~ thegranree
6th
the same having been sold to said grantee on the _______________________________________________ day of
01
_____, under and by virtue of a wriL_____________
12th
Execution .
_________________________________ _________ _ ___ _ _ISSued on the _ __________ __ ___ ______ ____ ___________
March
day of __________________________ A. D.,
Civil
---------------------------- --.. ------_ --- _______ -________ ___ ____ __ ____ ______ _____ Term, :
8649 Norwest Bank Minnesota NA tr of Ameriquest Mtg
Number ______________, at the suit of -------____________-Sec_.In.c.___________________________________
J~e ~
________________________________________ A. D., '
-~!-_, out of the Court of Cornman Pleas of said County as of
2000
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JOhn A Ruby
------------------ --_______________ against____ ____..._ _____ __________ ____ ______ ____ ______ ____ ___ is
IN TESTIMONY WHEIlEOF, I have hereunto
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duly recorded in Sherifr. Deed Book No. ____________, Page ---=fD-.3.----.
set my hand and seal of said office th~ ____~21___ day
of ___________~------------ A. D., ~ 9_Q.1.
_____~~--8~--~~-~~
Recorder 01 Deeds, Cumberl8nd County. Carlisle, PA
My Commission Expires lhe First Monday 01 Jan. 2002
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Norwest Bank Minnesota, N.A. as
Trustee of Ameriquest Mortgage
Securities, Inc. Floating Rate Pass-
Through Certificates, Series 2000-2
Under the Pooling and Servicing Agreement
Dated June 1,2001
VS
John A. Ruby
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No.2000-8649 Civil
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on
April 18, 2001 at 12:43 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice
Poster and Description on the property of John A. Ruby located at 9 Y ohe Rd.
Newville,Cumberland County, Pennsylvania, according to law.
Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, says
on April 17, 2001 at 5:59 o'clock PM EDST, she served a true copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon the within named
defendant to wit: John A. Ruby, by making known unto Roberto Pacheco, adult in
charge, at 225 N. Pitt St. Carlisle, Cumberland County, Pennsylvania, its contents and at
the same time handing to him personally the said true and attested copies of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he
served the above Real Estate Writ Notice Poster and Description in the following
manner: The Sheriff mailed a pendency ofthe action to one of the within named
defendants to wit: John A. Ruby by regular mail to his last known address, 225 N. Pitt St.
Carlisle, P A This letter was mailed under the date of April 19, 200 I and never returned
to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to la,w exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on June 6, 2001 at 10:00 o'clock AM., E.D.S.T., and sold the same for the
sum of$l.OO to Attorney Dale Shughart for Wells Fargo Bank Minnesota, NA successor
by merger to Norwest Bank Minnesota, N.A. as Trustee of Ameriquest Mortgage
Securities Inc., Floating Rate Pass-through Certificates, Series 2000-2 Under the Pooling
and Servicing Agreement Dated June 1,2000, without Recourse. It being highest bid and
best price received for the same Wells Fargo Bank Minnesota, NA successor by merger
to Norwest Bank Minnesota, N.A as Trustee of Ameriquest Mortgage Securities Inc.,
Floating Rate Pass-Through Certificates, Series 2000-2 Under the Pooling and Servicing
Agreement Dated June 1,2000, without Recourse of 505 South Main Street, 6th Floor,
Orange, CA 92868, being the buyer in this execution paid Sheriff R. Thomas Kline, the
sum of$I,056.32 it being costs.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
30.00
20.71
15.00
15.00
-~
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Postpone Sale
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
,I
30.00
10.00
.50
1.00
10.54
4.15
15.00
20.00
423.50
384.33
25.09
25.00
26.50
$1,056.32 paid by Attorney
6-20-01
Sworn and subscribed to before me
This ~ day ofY.1
2001,A.D. ~ (2 "htdi.t. ~~
rollionotary
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R. Thomas Kline, Sheriff
ByqO~ .5~
Deputy Sheriff
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NORWEST BANK MINNES(lTA, N.A., AS TRUSTEE
OF AMERIQUEST MORTGAGE SECURITIES INC.,
FLOA TING RATE P ASS-THROUGH CERTIFICATES,
SERIES 2000-2 UNDER THE POOLING AND
SERVICING AGREEMENT DATED JUNE 1, 2000.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 2000-8649
JOHN A. RUBY
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
NORWEST BANK MINNESOTA. N.A.. AS TRUSTEE OF AMERlOUEST MORTGAGE
SECURITIES INC.. FLOATING RATE PASS-THROUGH CERTIFICATES. SERIES 2000-2
UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1.2000., Plaintiff in
the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information conceming the real property
located at 9 YOHE ROAD. NEWVILLE. PA 17241.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN A. RUBY
226 NORTH PITT STREET
CARLISLE, P A 17013
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Keystone Financial
P.O. Box 1384
Pottsville, P A 17901
~,
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4. Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address caunot be
reasonably ascertained, please so indicate.)
None
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address caunot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address caunot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
9 YOHE ROAD
NEWVILLE, PA 17241
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of
Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 17105
I verifY that the statements made in this affidavit are true and corrt:,ct 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. Sec. 4904 relating to unsworn falsification to authorities.
/Kev..fl~
FRANK FEDERMAN, ESQUIRE ~
Attorney for Plaintiff
February 15. 2001
DATE
"_1
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. NORWEST BANK MINNESOTA, N:A., AS tRUSTEE
OF AMERIQUEST MORTGAGE SECURITIES INC.,
FLOATING RATE PASS-THROUGH CERTIFICATES,
SERIES 2000-2 UNDER THE POOLING A1'1/D
SERVICING AGREEMENT DATED JUNE 1,2000.
Plaintiff,
CUMBERLAND COUNTY
No. 2000-8649
v.
JOHN A. RUBY
Defendanl(s).
February 15, 2001
TO: JOHN A. RUBY
226 NORTH PITT STREET
CARLISLE, PA 17013
**THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at 9 YOHE ROAD, NEWVILLE. PA 17241, is scheduled to be sold at
theSheriffs Sale on JUNE 6. 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover
Street, Carlisle, P A 17013, to enforce the court judgment obtained by NORWEST BANK
MINNESOTA. N.A.. AS TRUSTEE OF AMERlOUEST MORTGAGE SECURITIES INC..
FLOATING RATE PASS-THROUGH CERTIFICATES, SERIES 2000-2 UNDER THE
POOLING AND SERVICING AGREEMENT DATED JUNE 1.2000. (the mortgagee) against you.
If the Sheriffs sale is postponed, the property will be relisted for the September 5.2001 Sheriffs Sale.
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:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
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 beable to stop the sale through other legal proceedings.
-
.
1.-1
-, .
You may need an attorney to ass~rt your rights. The sooner you contact one, the more chance
you will have of stopping the sale: (See notice on page two 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.
I. 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 (215) 563-7000.
2. You may be able to petition the Court to set aside the sale ifthe 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 in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. Ifthe amount due from the Buyer is not paid to the Sheriff, you wrll remain the owner of the
property as if the sale never happened.
5. You have the 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 house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
,.,"',^ "',,"
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.
DESCRIPTION
ALL TH.\ T CERT.\I:--i tr:lct of bml, together with the improvements thereon erected, siruate in
North :-';ewton To\'.;nship, Cumberland County. Pennsylvania. bounded and described as follows:
BEGINNr:--iG at a point in :l public road (formerly the sate road leading fr.om Newville to Doubling
Gap); thence by an abandoned road (fonnerly leading to Ginter's Mill), South 71. 75 degrees East
18.1 perches to a fence post; thence by the same, South 65.75 degrees East 1-1- perches to a stone :It
corner of lands fonnerly of K. Jane McCrea; thence by land now or fonnerly of said K_ Jane
McCre:l, South 3 degrees West 26 perches to corner of land now or fonnerly of John McCrea :lnd
W.H. McCrea, Jr.; thence by the bst mentioned land, South 87 degrees West 11.5 perches
(inadvertently recited :lS 115 perches in prior deed of record) to a post; thence by the same. North
3.50 degrees E:lst 15 perches to a corner common to McCrea and this tract; thence continuing on
this same course along lands now or fonnerly of Marlin Y ohe (fonnerly part of this tract), 151. 3
feet to a post: thence by the same, North 82.25 degrees West 188.6 feet to a post; thence by the
same North 65 dl!grees West 66 feet to a post; thence by the same, North 80 degrees 15 minutes
West 101 feet to a point in the aforesaid public road; thence by said road, North 3.50 degrees East
10.7 perches to a point, the place of beginning.
CONTAINI:'-iG three and one-half acres. more or less.
Tax Parcel /130-07-0483-012
RECORD OW:'\iER
TITLE TO SAID PREMISES IS VESTED IN John A. Ruby by reason of the following:
BEING THE SAME premises which Juanita M. Miller, now by marriage Juanita M. Ruby and John
A. Ruby. husband and wife, by Deed dated 10/2/86 and recorded _I _I_in the County of
Cumberland in Deed Book "F~. Volume 32, page 331 conveyed umo John A. Ruby and Juanita M.
Ruby. husband and wife.
AND ALSO BEING THE SAME premises which John A. Ruby and Juanita M. Ruby, husband and
wife, by Deed dated 9/11/91 and recorded 9/26/91 in the County of Cumberland in Deed Book ',!",
Volume 35, page n conveyed umo John A. Ruby.
J
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WRIT OF EXECUTION and/or ATTACHMENT
. ~",..." ,.
COMMONWEALTH OF PENNSYL v ANI.Ar'"
COUNTY OF'CUMBERLAND) .,::;:
NO. 00-8649 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF
CUMBERLAND
COUNTY:
To satisfy the debt, interest and costs due Norwest Bank Minnesota, N.A. ,
Mortgage Se=ities, Inc., Floating Rate Pass-Through Certificates,
th<. fuolin~ and Den-icing ,'\~eClOCflt Dated JUl'1C l, 2000
lrom John A. Ruby, 225 N. Pitt St., Carlisle PA 170l3.
as Trustee of Ameriquest
Series 2000-2 Under
PLAINTIFF(S)
DEFENDANT(S)
at 9 (1) hYouare directed to ley\{ upon the prooe.rty 01 thEl delendantlsl and to sill R1eadl est.att lOCtted
Yo e Road, Newv~J.le PA 1'72-41 ,See attacned. ego ~b("";.L..Li-' .Luu.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession 01
GARNISHEE(S) as follows:
.and to notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/.are enjoined from paying any
debt to or for the account of the delendant(s) and from delivering any property 01 the delendant(s) or otherwise disposing
thereol;
(3) II property ofthe defendant(s) not levied upon an subjecllo attachment is found inthe 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,
AmountDue $48,990.46
Interest 2/6/0l - 6/6/0l
$966.000
L.L.
Due Prothy
Other Costs
$.50
$1. 00
Atty's Comm
Ally Paid
Plaintiff Paid
%
$l03,lO
Date:
March 12, 200l
CURTIS R.
Deputy
by:
REQUESTING PARTY:
Name Frank Federman, Esq.
Address: One Penn Center @ Suburban Station
Philadelphia PA 19106
Plaintiff
Attorney for;
Telephone: (2l5) 563-7000
Supreme Court 10 No, 12248
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Rm ESTATE SALE No..Iis
UildY}-a<-<-eL 1(. ;l co I
the sherifl levied upon the detenoa~ _ /1 '_~
-/71~~"'r-~
interest in the real property situated in a J./j.... tJ. ~2. .~ _ _
Cumberland County, Pa., known and numbered as: q~ ~
.~ and more fully '1escribed on Exhibit "A" filed witt',
this writ and by this reference incorporated herein.
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__ Iil&TNl'E IlAiLE NO. 45
Writ No. 2000-8649 CIVll
Ndrwest Bank Minnesota, N.A.
As Trustee Of Ameriquest
Mortgage Secwities Inc., Floating
Rate Pass-Through Certificates,
Series 2000-2 Under The Pool1ng
And Servicing Agreement Dated
Jnne I, 2000
vs.
John A. Rudy
Atty.: Frank Federman
DESCRIPTION
ALL THAT CERTAIN tract ofland,
together with the lmprovements there-
on erected, situate in North Newton
Township. Cumberland County,
Pennsylvania. bonnded and deSClibed
as follows:
BEGINNING at a point in a pub-
lic road (formerly the state road lead-
Ing from Newville to Doubling Gap);
thence by an abandoned road (for-
merly leading to Ginter's Mill), South
71.75 degrees East 18.1 perches
to a fence post; thence by the same,
SC1.1th 55.75 d~grees East 14 pe.-rcbes
to a stone at comer of lands formerly
of K. Jane McCrea; thence by land
now or formerly of said K. Jane
McCrea. South 3 degrees West 26
perches to comer of land now or
formerly of John McCrea and W.H.
McCrea. Jr.; thence by the last
mentioned land, South 87 degrees
West 11. 5 perches (inadvertently
recited as 115 perches in prior deed
of record) to a post: thence by the
same. North 3.50 degrees East 15
perches to a corner common to
McCrea and th1s tract; thence con-
tlnWng on. this same eourse along
lands new or ifomllerly of Marlin YotJ.e
(formerly part of this tract), 151.3
feet to a post; thence by the same
North 82.25 degrees West 188.6
feet to a post; thence by the same
North 65 degrees West 66 feet to a
post; thence by the same. North 80
degrees 15 m1nutes West 101 feet
to a point In the aforesaid public
road; thence by said road. North
3.50 degrees East 10,7 perches to
a pOint, the place of beglnning.
CONTAlN1NG three and one-half
acres, more or less.
Tax Parcel #30-07-0483-012.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN John A. Ruby by rea-
son of the following:
BEING TIlE SAME PremJses which
Juanita M. Miller, now by mamage
Juanita M. Ruby and John A. Ruby,
husband and wife, by Deed dated
10/2/86 and recorded -1_/_ in
the Connty of Cumberland in Deed
Book "F". Volume 32, page 331 con-
veyed nnto John A. Ruby and Jua-
nita M. Ruby, husband and wife.
AND ALSO BEING THE SAME
premises wiUch John A. Ruby and
JUanita M. Ruby. husband and wife,
by Deed dated 9/11/91 and record-
ed 9/26/91 in the County of Cum-
berland in Deed Book "I", Volume
35. page 72 conveyed nnto John A.
Ruby.
~
,
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATE OF PENNSYL VANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgentha1, 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 publicati9n of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
APRIL 27, MAY 4,11, 2001
Affiant further deposes that he is authorized to verifY this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~~ ~
R er M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
11 day of MAY. 2001
. SEAL,
. LOIS e: SNYDER.NotaIy Public
CaiII&Ie,Boio. tumberfanil CounIy
~ CornmIssIoIi Expires'March li;200li
;
,
,
"
REAL ESTATE SALE No. 45
Writ No. 2000.8649
ClvffTerm
Norwest Bank Minnesota,
N.A. as Trustee of
AmerlqGest Mortgage
Securities Inc., floating
Rate Pass.Through
Cert1flcal.a, Serl.. 2000-2
" Unde'fthe Pooling and
servicing A.g~riU)nt
Dated June 1, 2.000
va
John A. Ruby
, Atty: Frank Federman
DESCRIPTION
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i:. AU THAT CERTAIN tract of land, together -
!, .'With the improvemenl:S thereon erectt:d~
~..situate in North Newton Township,
f 'c;:u.mb~rland County. Penn~ylvania,
~ bounded and d~tibed as follows: .
\; B~GINN1NG >ll a point in a 'p~blic mad
I: :(to':1'l,1._erly the state road reading from
',: Nel\:~1.11e to ~oubling Gapl; thence by an
'abandoned road (formerly leading to
: ~nter's Mill), SO~lth n,7S degrees East 18.1
. permes to a fenc~ post; thenc~.by th~ ,sClme,
. So'uth 65,75 degrees E,1s114, pei'cn~s .to a
stohl.' al comer 01 lands formerly of K. jane
Mi::uea;_thence by l..and nowor'fpnneriy of
'SilidK.janc McCrea, South 3 degrees West
26 'pen:nes to corner (If land m,lW Q1'
fonnerl'J of John McCrea and W. H.
Meer,ea, fr.; thence hy the !.ast mentioned
land, South 87 degret:'!; We,st 115 perches
, (inadvertently ,recited as ,'115 perches in
p~o!. deed of recoid) ,to a post; lh~nct? by
th~ -;,li;:Un.-e, ,North 3,s0 dwees Eas~ 15
pe-reM!) '":to ~: (;omer commori, to McCrea
and this" trClct-; thence, continuing on this
same, ~otlrse,altJngJap-Wi 1.10W or fOImerly
ofMa'rlin Yohe (formerly pC"lrt ot this tract),
151,3 feet loa post; thence -by ihe same,
~9t:th 82.~ deg1~eS West 188.6 f~et to, a
,~QSt~_the"~e by the same North 65 ,degrees
',~.esl ~."fc,~t to a post; ~hence by the sallle~ ,
-~rfh 80 degrees 15 mmutes West 101 feet
. :~:..a.,.':,~fW.tt'ln the .1f~Hesaid pubHc road;
~h~nd~""'!jy said road~ North 3.50 dc.gre€:s
:~~,t .10.1 perches to a point, fhe' place of
:llli;GINNING.
,::f"ONTArNlNG three and one-half aCf~
'$lj)re-arTess.
:::l~ Parcel #30-07-048-3012-
. .'RECORD OWNER: 1mE TO SAID
'yr~mises is vested in Jehl1 A. Ruby by
~~~son of the iellowir\~
~l}.~ING, {he same pr~mises which fuanita.
~ Miner. now by marriage Juanita M.
:$~,~Y and John A. Ruby, busband and wife,
, ':~ Deed dated 1012186 and recorded 00/001
: ,fID~ in the COU1:Jty of Cumberland in Deed
'13ook-'(F", Volu.1ne 32, page 331 conveyed
:'fll'ito John A. Rubv and Juanita M. Rub\i
':busband and wife.~ .
,,~ND" ALSO BE1NG the same prenuses
::~'~'nich Jonn A. Ruby and Juanita M. Ruby,
, mUsbiind 311d wife, by Deed dat~d 9f11191
~~, r~~orded 9/26/91 in the County of
"1r\i'rii:r;e"rtand in Deed Book1'L", Wlume 35.
'$.age'12 cOnveyed unto John Pi. Ruby.
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 58?, Approved May 16, 1929
Commonwealth 01 Pennsylvania, County of Dauphin) ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws 01 the Commonwealth 01 Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City 01 Harrisburg, County 01 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 pubiished
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular dally and/or Sunday/ Metro editions which appeared on the 24th day(s) of April and the 1 st and 8th
day(s) of May 2001. That neither he nor said Company is interested in the subject matter 01 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 he has personal knowledge 01 the lacts aforesaid and is duly authorized and empowered to verily this
statement on behalf of The Patriot-News Co. aloresaid 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 Mi;crneous Book "M",
V;I~:L11~:~~~~' ....................................9....~..............................................
COpy Sworn to and subscribed before me this 21S~y 01 May 2001 A.D.
S ALE #45 Notarial Seal
Terry l. Russell, Notary PubRc
Hanl.b~rg, Oeuphln County OTARY PUBLIC
My CommiSSion Expires June 6, 2002
Mamber, PennsylVania Association.1 NOla'ie,IAy commission expires June 6, 2002
.
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
382.83
1.50
384.33
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By....................................................................
I"
Phelan Hallinan & Schmeig, LLP
By: DANIEL G. SCHMIEG, ESQUIRE
IDENTIFICATION NO. 62205
ONE PENN CENTER AT SUBURBAN STATION
PHILADELPHIA, PA 19103
(215) 563-7000
NORWEST BANK. MINNESOTA, N.A.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
v.
JOHN A. RUBY
NO. 2000-8649
CUMBERLAND COUNTY
PRAECIPE TO MARK JUDGMENT SATISFIED
AND MARK THE ACTION DISCONTINUED AND ENDED
WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly satisfy the Judgment, which was entered on or about 2/8/01 in the amount of
48,990.46, relative to the instant matter.
~ C}~ G 1,rl{~
D . 'el G. Schmieg, Esquire
December 22, 2004
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MELINDA D. DURHAM, KEITH
HAMMAKER AND l YDIA B.
HAMMAKER, a minor, by MELINDA D.:
DURHAM, her guardian,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.: 01-94 Civil
v.
HOllY PIKE TRADING CO., INC., tla
MIDWAY TAVERN, MARSON, INC.,
tla BLESSED OLIVER PLUNKETT,
and HEATHER WEAVER,
Defendants.
CIVil ACTION. lAW
JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the undersigned's appearance on behalf of the Defendant
Heather Weaver with regard to the above-captioned matter.
Respectfully submitted,
NEALON & GOVER, P.C.
By:
~
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Date: (J' .2/-0"/
Andrew C. Lehman, Esquire
1.0.#:81937
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
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AND NOW, this
CERTIFICATE OF SERVICE
:'?;day of December, 2004, I
hereby certify that I have
served the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the
following by depositing a true and correct copy of same in the United States mail,
postage prepaid, addressed to:
James W. Abraham, Esquire
ABRAHAM LAW OFFICES
2157 Market Street
Camp Hill, PA 17011
Karl E. Rominger, Esquire
ROMINGER LAW OFFICES
155 South Hanover Street
Carlisle, PA 17013
Edvard L. Wilson, Esquire
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN, P.C.
1845 Walnut Street
Philadelphia, PA 19103
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Andrew C. Lehman, Esquire
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Phelan Hallinan & Schmeig, LLP
By: DANIEL G. SCHMIEG, ESQUIRE
IDENTIFICATION NO. 62205
ONE PENN CENTER AT SUBURBAN STATION
PHILADELPHIA, PA 19103
(215) 563-7000
NORWEST BANK MINNESOTA, N.A.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DWISION
JOHN A. RUBY
NO. 2000-8649
CUMBERLAND COUNTY
PRAECIPE TO MARK JUDGMENT SATISFIED
AND MARK THE ACTION DISCONTINUED AND ENDED
WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly satisfy the Judgment, which was entered on or about 2/8/01 in the amount of
48,990.46, relative to the instant matter.
December 22, 2004
G. Schmieg, Esquire
MELINDA D. DURHAM, KEITH :
HAMMAKER AND LYDIA B. :
HAMMAKER, a minor, by MELINDA D.:
DURHAM, her guardian,
Plaintiffs,
HOLLY PIKE TRADING CO., INC., t/a
MIDWAY TAVERN, MARSON, INC.,
t/a BLESSED OLIVER PLUNKETT,
and HEATHER WEAVER,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.: 01-94 Civil
CIVIL ACTION - LAW
JURY TRIIAL DEMANDED
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the undersigned's appearance on behalf of the Defendant
Heather Weaver with regard to the above-captioned matter.
Respectfully submitted,
NEALON & GOVER, P.C.
Date:
By:
Andrew C. Lehman, Esquire
I.D. #: 81(.)37
2411 North Front Street
Harrisburg, PA 17110
717/232-9900