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HomeMy WebLinkAbout01-0323 FX DAVID A. KRULAC and DIANE E. KRULAC, husband and wife, Plaintiffs v. NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING: AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION TO QUIET TITLE 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 A 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 OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 ~. ~_;, DAVID A. KRULAC and DIANE E. IN THE COURT OF COMMON PLEAS KRULAC, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs nn--`` , NORWEST BANK MINNESOTA, NA, CIVIL ACTION - LAW AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. ACTION TO QUIET TITLE MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING: AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant COMPLAINT IN QUIET TITLE AND NOW come the Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, by their Attorney, John J. Baranski, Jr., Esquire, make the following Complaint and in support thereof allege the following: 1. The Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, are adult individuals residing at P.O. Box 1064 Mechanicsburg, Cumberland County, Pennsylvania, 17055 2. The Defendant is Norwest Bank of Minnesota, N.A., trustee of Ameresco Residential Securities Corporation Mortgage Loan Trustee 1998-2 under the Pooling and Service Agreement dated as of June 1, 1998 Without Recourse, Assignee of Ameriquest Mortgage Company. 3. Defendant is a corporation incorporated under the laws of the state of Maryland with its principal place of business, according to the Complaint in Mortgage Foreclosure filed to Cumberland County Docket No. 1999-4385, located c/o 505 South Main Street, Suite 6000, Orange CA, 92868. According to the Pennsylvania Corporations Bureau, Defendant is not registered as a foreign corporation doing business in Pennsylvania. 4. According to the hereinafter-mentioned Assignments recorded in the Office of the Recorder of Deeds in and for Cumberland County, Defendant's principal place of business is 1000 Broker Land Parkway, Columbus, Maryland, 21044-3562. 5. The Plaintiffs are the record title holder of a parcel of land (hereinafter "the 250 Oak Grove Court Property ") situate in Monroe Township, Cumberland County Pennsylvania designated as Lot 9 on the plan of lots entitled "Final Subdivision Plan, Oak Grove Acres", dated October 25, 1986 and recorded on the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 60 by deed from the Tax Claim Bureau of Cumberland County dated December 1, 2000 and recorded on December 15, 2000 in Deed Book 0236 Page 0081. A copy of said Deed is attached hereto, incorporated herein, and marked as Exhibit "A" with a metes and bounds description of the tract as follows: ALL THAT CERTAIN lot or parcel of land situate in the Township pf Monroe, Cumberland County, Pennsylvania more particularly bounded and described as follows: land BEGINNING at a point on the southwestern side of Oak Grove Court at the dividing line between Lots Nos. 9 and 10 as shown on the plan of lots hereinafter mentioned, thence along said dividing line between Lots Nos 9 and 10, the two (2) courses and distances; (2) South 49 degrees 16 minutes 40 seconds West, a distance of 100 feet to a point, and (2) South 24 degrees 52 minutes 6 seconds West, a distance of 476.74 feet to a point at a corner of Lots Nos. 10 and 1; thence along line of lands now or formerly of Moran L. and Ruth K. Hertzler, North 54 degrees 41 minutes 20 seconds past, a distance of 586.74 feet to a point at the dividing line between Lots Nos. 9 and 8 and shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos 9 and 8, North 40 degrees 43 minutes 20 seconds West, a distance of 202.34 feet to a point at the cul de sac end of Oak Grove Court; thence along the southern portion of said end of Oak Grove Court (in a generally southwestwardly direction) on a curve to the right having a radius of 50 feet, an arc distance of 78.54 feet to a point on the southwestern side of Oak Grove Court at the dividing line between Lots Nos. 9 and 10 as shown on the plan of lots hereinafter mentioned, the place of beginning. BEING Lot No 9 as shown on plan of lots entitled "Final Subdivision Plan, Oak Grove Acres", dated October 25, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 60. Having erected thereon a dwelling known as 250 Oak Grove Court, Mechanicsburg, Pennsylvania, 17055. Tax parcel no. 22- 10-0644-078. 6. On or about March 1, 2000, Defendant .foreclosed on the Oak Grove Court Property under rights it acquired as against Charles L. and Pamela L. Noel, husband and wife, mortgagors, under a mortgage dated December 12, 1997 and recorded on December 26, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Mortgage Book 1423, page 1026 and assignments from Ameriquest Mortgage Company to Norwest Bank Minnesota, NA as Trustee of AMRESCO Residential Securities Corporation Mortgage Loan Trust 1998-2 under the pooling and servicing agreement dated as of June 1, 1998 without recourse and Assignment from Ameriquest Mortgage Company to Norwest Bank Minnesota, NA as Trustee of AMRESCO Residential Securities Corporation Mortgage Loan Trust 1998-3 under the pooling and servicing agreement dated as of September 1, 1998, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 624, Page 715 and Misc. Book 660, Page 709 respectively. 7. Defendant purchased the property at the March 1, 2000 Sheriff's sale and was issued a Sheriff's deed from R. Thomas Kline, Sheriff of Cumberland County, dated March 15, 2000 and recorded on March 21, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed book 217, page 1013. 8. Defendant failed to pay outstanding real estate taxes on the property and after the Cumberland County Tax Claim Bureau served after all required legal notices upon the Defendant, the Oak Grove Court Property was sold by the Tax Claim Bureau to the Plaintiff at Tax Upset Sale on September 28, 2000. 9. Plaintiffs purchased the property at the Upset Sale and were issued the Upset Sale Deed by the Cumberland County Tax Claim Bureau that is attached hereto and previously referenced as Plaintiffs' Exhibit "A" 10. By virtue of the aforesaid Upset Sale deed, Plaintiffs are owners in fee simple, free and clear of all liens and encumbrances, except building and use conditions and restrictions and utility easements of record. 11. The Plaintiffs are in actual physical possession of the 250 Oak Grove Court Property and have been in such possession of the property since December 23, 2000. 12. Defendant did not file objections to the tax sale or file a petition to set aside the sale within the statutory prescribed time limits nor has Defendant challenged Plaintiffs' ownership in said property in any way. 13. To date, Defendant has not satisfied the mortgage from Charles L. Noel and Pamela L. Noel, husband and wife, dated December 17, 1997 and recorded December 26, 1997 in the office of the Recorder of Deeds in Mortgage Book 1423, Page 1026 under „:,. which it foreclosed. 14. The aforesaid mortgage remains a cloud on Plaintiffs' title. 15. Defendant has a legal obligation to satisfy of record the aforesaid mortgage. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in favor of the Plaintiffs, as follows: 1) To Order Defendant to satisfy of record the mortgage from Charles L. Noel and Pamela L. Noel, husband and wife dated December 17, 1997 and recorded December 26, 1997 in the Office of the Recorder of Deeds in Mortgage Book 1423, Page 1026, 2) To Order Defendant to institute an action in ejectment within thirty (30) days from the entry of such Order pursuant to Pa. R.C.P. 1066(b)(1) or be forever barred from asserting a claim or interest in or to any part of the premises known as 250 Oak Grove Court, Mechanicsburg, PA 17055 inconsistent with the claims of Plaintiffs as set forth herein, and 3) To grant such further relief as may be just and equitable. Respectfully Submitted, SHUGHART LAW FI Date: January ~, 2001 By: Jo J. Baranski, J ., Esquire Supreme Court I.D. No. 87585 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 VERIFICATION We, the undersigned Plaintiffs hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. David A. Krulac January ~, 2001 ' n . n ~`~~~ Diane E. Krulac ~J- UPSET PRICE SALE ~~~ C~~~trrt ~~~~~t~ ~~r~ r(~lClt$ ~PP~T Made this .................J k............... Jay of ...Aepzmbe.r..................., 20.RR., between [he TAX CLAIM BUREAU, of [he County of Cumberland, Pennsylvania, ns Trustee, GRANTOR, and ............David.A....&..Aiane.E...K=ulac.of..Cumbenland.County .................... ...........................•............................................................................................. Grantee ~ltttP88Pt~~r that in consideration of $..$O,.UOA_0.0.... in hand paid, receipt whereoi is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, _the~i,t... heirs and assigns, the certain premises situate in .......Mon.roa..Township .................................................. Cumberland County, Pennsylvania, as follows: See Appendix "A" for I.ega1 Description Owner or reputed owner as returned to said Bureau Norwest Bank Minnesota NA Trs 505 S. Main Street Orange, CA 92868 the same having been sold by the Tax Claim Bureau to the said grantee, on the ......28t.h ................ day of .....September ............................. Anno Domini two thousand and ........RO......................, after due advertisement according to law, [he period of redemption for the payment of tux claims having expired without the property having been redemned, or any tax judgements heretofore having bee s entered against the described properly having not been satisfied, or no agreeutent to stay the sale of me within described property having been entered into, or the within described real estate no longer remaining in possession of a sequestrator, by Upset Price Sale. under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law), ~lt ~llae88 ~h¢Ye0f, said Grantor bus hereunto roused this Deed m be escvu tcd by its' Cirector the day and year first above written. 'C:\S CLAIM BU126:AU Oh Signed, Sealed and Ueli eered CLIMBEP.LAND COUNTY, IaENN51"L.VANIA, in the presence of: TRUSTEE ~./, ~ ................................................................ _............................ Rp ......AC.e.'%f.°.:!.. oi..:....~~G~..-a...e':i_ (SIL:\IJ / ~•~ Director ~/~ CU iNMON\V IiA I: I'H UI+ PP:N NtiI'LVANIA v ss: COUNTY Op CL'b'IBI)?It LAN17 Ou [his, the ...........A.~ .........................._ day of ...~.~',QE1.Y1~4'.R......................................_.... 20..Q_~J before me, the I'rothmu,tary of the Cuun[y of Cumberla nrl, [he undersigned officer, personally appeared ............................ . °^°°°°•^^-J~aco-b~-E:~^He•i~se Uirectnr of ~bc 'Cox Claim Bureau u( the l:nunly ut Cumberland. Commonwealth of Pennsykania, kno wu tome to be the person described in the foregoing instrument and :tcknoo9edged that he executed [he same in the rapacity therein stated and fur the pur- poses therein can rained. . ~IYS ~[tll¢SS ~~eYPPfr I have hereunto sq/gmy hand nd cial seal. ~ l (~ertifirate of ~eaidenre PROnIaN©run"raouRYPUDde CARLISLE, CUMBEfiANO COUNTY COl1Fif HOUSE MY COMM18 ON DIPIfiES JANUARY 7, 2002 1 hereby certify that the precise residence of [he grantee he rrt.,........_....,..._,...._.... Stephen D.'I'itcy Cumberland County, Assistant Solicitor £XK(~l~ rr~~i ~s r` /// e' AI'1'ISNllIti "il" LEGAL DESCRIPTION ALL that certain lot or parcel of land situate in the Township of Monroe, Cumberland County, Pennsylvania more particularly bounded and described as follows: BEGINNING at a point on the southwestern side of Oak Grove Court at the dividing line between Lots Nos. 9 and 10 as shown on the plan of lots hereinafter mentioned, thence along said dividing line between Lots Nos. 9 and 10, the two (2) courses and distance; (2) South 49 degrees 16 minutes 40 seconds West, a distance of 100 feet to a point, and (2) South 24 degrees 52 minutes 6 seconds West, a distance of 476.74 feet to a point at corner of Lots Nos. 10 and 1; thence along line of lands now or formerly of Moran L. and Rulh K. Hertzler, NorUt 54 degrees 41 minutes 20 seconds past, a distance of 586.74 feet to a point at the dividing line between Lots Nos. 9 and 8 and shown on the hereinafter mentioned plan of lots; thence along said dividing line bewteen Lots Nos. 9 and 8, North 40 degrees 43 minutes, 20 seconds molest, a distance of 202.34 feet to a point at the col-de-sac end of Oak Grove Court; thence along southern portion of said end of Oak Grove C'.ourt (in a generally southwestwardly direction) on a curve to the right having a radius of 50 feet, an arc distance of 78.54 feet to a point on the southwestern side of Oak Grove Court at the dividing line between Lots Nos. 9 and 10 as shown on the plan of lots hereinafter mentioned,' the place of BEGINNING,. BEING Lot No. 9 as shown on plan of lots entitled "Final- Subdivision Plan, .Oak Grove Acres", dated October 25, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 60. HA~7ING erected thereon a dwelling known as 250 Oak Grove Court, Mechanicsburg, PA 17055. Tax parcel ttu. 22-10-0644-078. BEING the same premises which the Sheriff of the County of Cumberland County Pennsylvania, by deed doted Mazch 1, 2000 uud recorded in the Cumberland County Recorder of -Deeds Office in Dced Book 217,,Page 1013 on March 21, 2000 granted and conveyed to Norwest Bank Minnesota NA Trs. °. m u> ~ o r_'n J W I- C-J r.9 W -J N 4i, o E ~.a ~; v c~ :'. 1.:: .._. to F_ 4. .~ ~_ (:: C.. u'i C' W "~ !J tJ ~ O n' "~ -u-~ oG 1yp~~~,.y ~'T I+11'''' l b~O ~~.pO~.p~~S ogIS ~'i~~ Y. W W W~y Y~ 1 Z O ,'F.~ 1g~1 O I~r~i OlV~~~FZi 1T`y yiOe Wz 4/~ -1 „ ti ni ~ ,Q O W ~ A ~ ra t C p Y '~ -~~ :: r, ...,, 9 .u v w ."'-. .~"-. :~w. .~-i tl~ N b rt n ~ ~ ~~ ~ ~ ~ ,~~ ~~ (~w ~ ~~ W V"- ~~ C1 C.3 C. -` ~, Ui ._~ r- ~ ~ < < ', __ _~,^-: -- .l cP -. SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO; 2001-00323 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KRULAC DAVID A ET AL VS. NORWEST BANK MINNESOTA ETC R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,NORWEST BANK MINNESOTA NA , by United States Certified Mail postage prepaid, on the 17th day of January ,2001 at 0008:00 HOURS, at C/O 505 S. MAIN ST STE 6000 ORANGE, CA 92868 a true and attested copy of the attached COMPLAINT -QUIET TITLE Together with NOTICE The returned receipt card was signed by SIGNATURE ILLEGIBLE on 01/26/2001 . Additional Comments: Sheriff's Costs: Docketing 18.00 Certified Mail 4.38 Affidavit .00 Surcharge 10.00 .00 32.38 Paid by DALE F. SHUGHART, JR. Sworn and subscribed to before me this ~ day of~..~+.--~ dv~~~ . D , Prothonotary So a ers~Gi R. Thomas Kline %% Sheriff of Cumberland County on 01/31/2001 H ,~.. SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-00323 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KRULAC DAVID A ET AL VS. NORWEST BANK MINNESOTA R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,NORWEST BANK MINNESOTA NA , by United States Certified Mail postage prepaid, on the 17th day of January ,2001 at 0008:00 HOURS, at 1000 BROKER LAND PARKWAY COLUMBUS. OH 21044 and attested copy of the attached COMPLAINT with NOTICE a true Together The returned receipt Card was signed by TERRANCE TOLAND of/zz/zoos . Additional Comments: on Sheriff's Costs: Docketing 6.00 CERTIFIED MAIL 4.38 Affidavit .00 Surcharge 10.00 .00 20.38 Paid by DALE F. SHUGHART, JR. Sworn and subscribed to before me this ~ "~ day o ,~,«~«, ~b-~!/ A.D. ~ -~-r thonotary So`~rs: i-- R. Thomas Kline Sheriff of Cumberland County on 01/31/2001 ET TITLE ' ^ Complete items 1, 3; atk3R9AFAsd complete ::' I Rem 4 if Restricted Delivery is desired. ' ^ Print your name and address on the reversei ~. so that we can return the card to you. - ' ^ Attach this card to the back of the mailpiec8;p.~3. or on the front if space permits. 1. Article Addressed to: Norwest Bank Minnesota, N. 1000 Broker. Land Highway Columbus, MD 2.094-3562 of ^ Agent D. Is delivery address different from item 1? U Yes If YES, enter delivery address below: ^ No I ,- ,gti:~ 3. Service Type ' ""-"" ~ Certified Mail ^ F~cpress Mail "- ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail -^ G.O.D. 4. Restricted Delivery? (EMra Fee} ^ Yes 2. Article Numpar(Cppy frmm service Iabe1} ; ; /{ '700b FY60~li OOPS 15`89 +3279 ' "' ~'~"~ ~~ '~ ` U~ PS Form 3$~ ~, duly 1999 .Domestic Return Receipt 702595-00-M-0852 ^ om~ ete Items 1, 2, and 3. Also Complete A. Re Ayr' ! se'Print~l ' ` ' ~'8. Date of DelNery item 4 rf q~~cted Delivery is desired. ^ Print your nfiilte"and address on the reverse so that we can return the card to you. C. Signature ^ Attach this card to the back of the mailpiece, X ^ ent " A9 ~- or on the front if space permits. ^ Addressee 1. Article Addressed to: D. Is delivery I E 17 ^ Yes ^ N f Y S o ^TOrwes* Bank Minnesota, N. A ~/o Sf)S S. Main St JAlV A cf 4 ate h000 grange, CA 97868 3 S ' . e g ~ I ^ Ezp - ^ Reg t for Merchandise ^ Insu ~^ ke8 - 4. Restricted Delivery ra Fee) ^ yes 2. /vticla Number opy from service label) `2~ ~ o' ~ 3 ~~ i 7Q99 34D0 0 4 . 2 t :.~~.5 2,425: . . ~J : ; - ~ PS Fd~ 1'YSrT ; )thy 1`' • ~, r s. t °- bomestrc Return Recy pt , , , : e • • e"~ , - ~ . w25ss-ss-M-t7es DAVID A. KRULAC and DIANE E KRULAC, husband and wife, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-323 Civil NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant CIVIL ACTION - LAW ACTION TO QUIET TITLE PRACIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO PA. R.C.P. 1037 (b) TO THE PROTHONOTARY: The Complaint in the above captioned matter, duly endorsed with a Notice to Defend was filed on January 17, 2001 and served on January 26, 2001, Notice of Intention to take a default judgment pursuant to Pa. R.C.P. No. 231.7 was served upon Defendant as hereinafter set forth and the Defendant has failed to enter an appearance or file an answer. Please enter a default judgment in favor of the Plaintiffs and against the Defendant for the following relief as requested in the Complaint: 1) To Order Defendant to satisfy of record the mortgage from Charles L. Noel and Pamela L. Noel, husband and wife dated December 17, 1997 and recorded December 26, 1997 in the Office of the Recorder of Deeds in Mortgage Book 1423, Page 1026, 2) To Order Defendant to institute an action in ejectment within thirty (30) days from the entry of such Order pursuant to Pa. R.C.P. 1066(b)(1) or be forever barred from asserting a claim or interest in or to any part of the premises known as 250 Oak Grove Court, Mechanicsburg, PA 17055 in which the Plaintiffs are the record title holder by deed from the Tax Claim Bureau of Cumberland County dated December 1, 2000 and recorded on December 15, 2000 in Deed Book 0236 Page 0081 inconsistent with the claims of Plaintiffs as set .forth herein. No damages are claimed. I hereby certify that I mailed a written notice of intention to take a default judgment pursuant to Pa. R.C.P. 237.1, a true and correct copy of which is attached hereto, to the Defendant, at the address indicated by first class mail, postage prepaid, on February 16, 2001, which was more than ten (10) days prior to filing of this Praecipe. SHUGHART LAW Date: March 7, 2001 By: Joh~"-Baranski, Jr. ~°squire Supreme Court ID # 82585 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs DAVID A. KRULAC and DIANE E. KRULAC, husband and wife, Plaintiffs v. NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant ~' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-323 Civil CIVIL ACTION - LAW ACTION TO QUIET TITLE TO: Norwest Bank of Minnesota, NA 1000 Broker Land Parkway Columbus, MD 21044-3562 Date of Notices February 16, 2001 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 DAYS FROM THE DATE OF THIS NOTTCE, A JUDGEMENT 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 ONCEo IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHRERE YOU CAN GET LEGAL HELP. LAWYER REFFERAL SERVICE 302 WEST 9~h STREET ERIE, PENNSYLVANIA 16502 (814) 459-4411 By: Sup e e CourtvID~#V82585Y~~+~ 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs r ~. DAVID A. KRULAC and DIANE E. IN THE COURT OF COMMON PLEAS KRULAC, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 01-323 Civil NORWEST-BANK NA, CIVIL ACTION - LAW AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant ACTION TO QUIET TITLE TO: Norwest Bank of Minnesota, NA C/O 505 South Main Street, Suite 6000 Orange, CA 92868 Date of Notice: February 16, 2001 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 DAYS FROM THE DATE OF THIS NOTTCE, A JUDGEMENT 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 WHRERE YOU CAN GET LEGAL HELP. LAWYER REFFERAL SERVICE 302 WEST 9`h STREET ERIE, PENNSYLVANIA 16502 (814) 459-4411 By: Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs Su¢reme Court ID # 82585 35 East High Street, Suite 203 DAVID A. KRULAC and DIANE E KRULAC, husband and wife, Plaintiffs v. NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-323 Civil CIVIL ACTION - LAW ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, John J. Baranski, Jr., attorney for Plaintiffs, hereby certify that I have served a copy of Plaintiffs' Praecipe to Take Default Judgment and Motion to Confirm Judgment upon the Defendant by mailing two copies of the same Regular Mail, postage prepaid, addressed as follows: Norwest Bank Minnesota, NA c/o 505 South Main Street, Orange, CA 92868 - and - Norwest Bank Minnesota, NA 1000 Broker Land Parkway Columbus, MD 21044-3562 Date: March 7, 2001 Suite 6000 SHUGHART LAW OFFI By: ~~ Joh Baranski, Jr. Esquire Supreme Court ID # 82585 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs x r ~:; ~"' ~,' ~ ~ ~ '.-, ,_ _. _~-=;z; :: o``n -~ ~a MAR 0 7 2001 DAVID A. KRULAC and DIANE E. IN THE COURT OF COMMON PLEAS KRULAC, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant NO. 01-323 Civil CIVIL ACTION - LAW ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this &~day of IVt~.~ 2001, upon Motion of the Plaintiffs, by their attorney, John J. Baranski, Jr., Default Judgment having been entered against the Defendant on March 7, 2001, Judgment in accordance with the prayers of the Plaintiffs is as follows: 1) Defendant is ordered to satisfy of record the mortgage from Charles L. Noel and Pamela L. Noel, husband and wife dated December 17, 1997 and recorded December 26, 1997 in the Office of the Recorder of Deeds in Mortgage Book 1423, Page 1026, and 2) Defendant is ordered to institute an action in ejectment within thirty (30) days from the entry of this Order pursuant to Pa. R.C.P. 1066(b)(1) or be forever barred from asserting a claim or interest in or to any part of the premises known as 250 Oak Grove Court, Mechanicsburg, PA 17055 in which the Plaintiffs are the record title holder by deed from the Tax Claim Bureau of Cumberland County dated December 1, 2000 and recorded on December 15, 2000 in Deed Book 0236 Page 0081, inconsistent with the claims of Plaintiffs as set forth in the Complaint. By e , ~ ~\ J njO ~~ tlINN~Si~M~d 1,J.N~iC?J ~1N~?H~43~'J QS ~ZI Ind 8- tl~~! 10 IJ~103:}I~ai~{lyll•~~tt av^ DAVID A. KRULAC and DIANE E. IN THE COURT OF COMMON PLEAS KRULAC, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMEN'P DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant NO. 01-323 Civil CIVIL ACTION - LAW ACTION TO QUIET TITLE PETITION FOR ORDER CONFIRMING JUDGMENT AND NOW, comes the Plaintiffs, by their attorney, John J. Baranski, Jr., Esquire, and makes the following Petition: 1. Your Petitioners are David A. Krulac and Diane E. Krulac, husband and wife, adult individuals residing at P.O. Box 1064 Mechanicsburg, Cumberland County, Pennsylvania, 17055 2. The Defendant is Norwest Bank of Minnesota, N.A., trustee of Ameresco Residential Securities Corporation Mortgage Loan Trustee 1998-2 under the Pooling and Service Agreement dated as of June 1, 1998 Without Recourse, Assignee of Ameriquest Mortgage Company. 3. Defendant is a corporation incorporated under the laws of the state of Maryland with its principal place of business, according to the Complaint in Mortgage Foreclosure filed to Cumberland County Docket No. 1999-4385, located c/o 505 South Main Street, Suite 6000, Orange CA, 92868. According to the Pennsylvania Corporations Bureau, Defendant is not registered as a foreign corporation doing business in Pennsylvania. 4. According to the Assignments recorded in the Office of the Recorder of Deeds in and for Cumberland County, Defendant's principal place of business is 1000 Broker Land Parkway, Columbus, Maryland, 21044-3562. 5. By Complaint, duly endorsed with a Notice to Defend and filed on January 17, 2001 to the above term and number, Plaintiffs instituted an action against the Defendant to quiet title in a parcel of real estate located at 250 Oak Grove Court, Mechanicsburg, PA 17055. 6. On January 26, 2001, the Sheriff of Cumberland County served the complaint on the Defendant by registered mail, return receipt requested. 7. On February 16, 2001, a Notice of Intention to take a default judgment pursuant to Pa. R.C.P. No. 231.7 was mailed to the Defendant. 8. On March 7, 2001, Defendant having failed enter and appearance or file an Answer, a Default Judgment was entered in favor of the Plaintiffs and against the Defendant by the Prothonotary pursuant to Pa. R.C.P. 1037(b). 9. Attached hereto and made a part hereof is a proposed Order of Court stating the Judgment consistent with the relief requested in Plaintiffs' complaint. WHEREFORE, Plaintiffs pray your honorable court to issue the attached Order of Court upon the Defendant ordering Defendant to: 1) satisfy of record the mortgage from Charles L. Noel and Pamela L, Noel, husband and wife dated December 17, 1997 and recorded December 26, 1997 in the Office of the Recorder of Deeds in Mortgage Book 1423, Page 1026, 2) institute an action in ejectment within thirty (30) days from the entry of such Order pursuant to Pa. R.C.P. 1066(b)(1) or be forever barred from asserting a claim or interest in or to any part of the premises known as 250 Oak Grove Court, Mechanicsburg, PA 17055, inconsistent with the claims of Plaintiffs as set forth herein. Date: March ~ 2001 SHUGHART LAW OFFICE By: John Baranski, Jr. Esquire Supreme Court ID # 82585 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs DAVID A. KRULAC and DIANE E KRULAC, husband and wife, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-323 Civil NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. . MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant CIVIL ACTION - LAW ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, John J. Baranski, Jr., attorney for Plaintiffs, hereby certify that I have served a copy of Plaintiffs' Praecipe to Take Default Judgment and Motion to Confirm Judgment upon the Defendant by mailing two copies of the same Regular Mail, postage prepaid, addressed as follows: Norwest Bank Minnesota, NA c/o 505 South Main Street, Suite 6000 Orange, CA 92868 - and - Norwest Bank Minnesota, NA 1000 Broker Land Parkway Columbus, MD 21044-3562 Date: March 7, 2001 SHUGHART LAW OFFI By: John Baranski, Jr. Esquire Supreme Court ID # 82585 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs n r a - c ,-~ 7C ~ --? F~ t ~x,2,~~j Z ~ °~ chi ~~ W C~ *'~ ?3 L7+ °-~ ~, ~ , DAVID A. KRULAC and DIANE E KRULAC, husband and wife, Plaintiffs v. NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant APR 12 2~~1~J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-323 Civil CIVIL ACTION - LAW ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this,v~day of ~ 2001, upon Motion of the Plaintiffs, by their attorney, John J. Baranski, Jr., Default Judgment having been entered against the Defendant on March 7, 2001, and more than thirty (30) days having passed since service of the Order upon Defendant, pursuant to Pa. R.C.P. 1066 (b)(2), JUDGMENT BE AND IS HEREBY ENTERED in accordance with the prayers of the Plaintiffs as follows: 1), Title to the property located at 250 Oak Grove Court, Mechanicsburg, PA 17055 and which Plaintiffs are the record title holders under a deed from the Cumberland County Tax Claim Bureau dated December 1, 2000 and recorded December 15, 2000 in Deed Book 0236, Page 0081 is quieted in Plaintiffs, and Defendant is forever barred from asserting a claim or interest in or to any part of the premises inconsistent with the claims of Plaintiffs. 2) A true and correct copy of this Order shall be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, upon presentation and payment of the applicable recording fees by the J ~b~ C~oa,~~ s ~~,~i.~ ~~, R~s~!rti~d Ac, ~0 ~, ~ i_ . ._ DAVID A. KRULAC and DIANE E KRULAC, husband and wife, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant N0. 01-323 Civil CIVIL ACTION - LAW ACTION TO QUIET TITLE MOTION FOR FINAL DECREE AND ORDER OF COURT CONFIRMING JUDGMENT AND NOW, come the Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, by their attorney, John J. Baranski, Jr., Esquire, and respectfully represents as follows: 1. Your Petitioners are David A. Krulac and Diane E. Krulac, husband and wife, adult individuals residing at P.O. Box 1064 Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Norwest Bank of Minnesota, N.A., Trustee of Ameresco Residential Securities Corporation Mortgage Loan Trustee 1998-2 under the Pooling and Service Agreement dated as of June 1, 1998 Without Recourse, Assignee of Ameriquest Mortgage Company. 3. Defendant is a corporation incorporated under the laws of the State of Maryland with its principal place of business, according to the Complaint in Mortgage Foreclosure filed to Cumberland County Docket No. 1999-4385, located c/o 505 South Main Street, Suite 6000, Orange CA, 92868. According to the Pennsylvania Corporations Bureau, Defendant is not registered as a foreign corporation doing business in Pennsylvania. 4. According to the Assignments recorded in the Office of the Recorder of Deeds in and for Cumberland County, Defendant's principal place of business is 1000 Broker Land Parkway, Columbus, Maryland, 21044-3562. 5. By Complaint, duly endorsed with a Notice to Defend and filed on January 17, 2001 to the above term and number, Plaintiffs instituted an action against the Defendant to quiet title in a parcel of real estate located at 250 Oak Grove Court, Mechanicsburg, PA 17055. 6. On January 26, 2001, the Sheriff of Cumberland County served the complaint on the Defendant by registered mail, return receipt requested. 7. On February 16, 2001, a Notice of Intention to take a default judgment pursuant to Pa. R.C.P. No. 231.7 was mailed to the Defendant. 8. On March 7, 2001, Defendant having failed enter and appearance or file an Answer, a Default Judgment was entered in favor of the Plaintiffs and against the Defendant by the Prothonotary pursuant to Pa. R.C.P. 1037(b). 9. On March 8, 2001, upon Motion of the Plaintiffs, an order of court was issued upon the Defendant to institute an Action in Ejectment within thirty (30) days of the entry of the Order pursuant to Pa. R.C.P. 1066(b)(1) or be forever barred. from asserting a claim in or interest to any part of the premises known as 250 Oak Grove Court, Mechanicsburg, PA 17055 in which the Plaintiffs are the record title holder by deed from the Tax Claim Bureau of Cumberland County, dated December 1, 2000 and recorded on December 15, 2000 in Deed Book 0236, Page 0081, inconsistent with the claims of Plaintiffs as set forth in the Complaint. 10. On March 8, 2001, the Prothonotary of Cumberland County mailed a certified copy of the Order of Court to Defendant. il. Accordingly, the thirty-day period for Defendant to file an Action in Ejectment ended on Monday, April 9, 2001. Defendant failed to file an Action in Ejectment by that date. 12. The effects of the Judgment against Defendant and the failure of Defendant to file an ejectment action against Plaintiffs within thirty days are to quiet title to the property located at 250 Oak Grove Court, Mechanicsburg PA 17055 in Plaintiffs. 13. Plaintiffs request an order of court confirming the Judgment entered by default against the Defendant to enable confirmation thereof to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. 14. Attached hereto and made a part hereof is a proposed Order of Court stating the Judgment is consistent with the relief requested in Plaintiffs' Complaint and authorizing and directing the same to be recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania. WHEREFORE, Plaintiffs pray Your Honorable Court to issue the attached Order of Court to enable a permanent public record of the Judgment to be filed in the Office of the Recorder in Deeds aforesaid. Respectfully John J~/ Baranski, Jr. Esquire Supreme Court ID # 82585 Date: April ~~, 2001 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs DAVID A. KRULAC, v. KRULAC and DIANE E husband and wife, Plaintiffs NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORP. MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, ASSIGNEE OF AMERIQUEST MORTGAGE COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-323 Civil CIVIL ACTION - LAW ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, John J. Baranski, Jr., attorney for Plaintiffs, hereby certify that I have served a copy of Plaintiffs' Motion for Final Decree and Order of Court Confirming Judgment upon the Defendant by mailing two copies of the same Regular Mail, postage prepaid, addressed as follows: Norwest Bank Minnesota, NA c/o 505 South Main Street, Suite 6000 Orange, CA 92$68 - and - Norwest Bank Minnesota, NA 1000 Broker Land Parkway Columbus, MD 21044-3562 SHUGHART LAW OFFICE Date: April/~ 2001 By: Jo J. Bara i, Jr. quire Supreme Court ID # 82585 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs r~ ~, - ~,~ -, ~-~ -,, '.- __ u - r., '_ r ; . -- --- ` - -' _ ;`; t' G, .. /.__ 'A 'r DALE F. SHUGHART, JR ATTORNEY AT LAW 35 EAST HIGH STREET SUITE 203 CARLISLE, PENNSYLVANIA 17013 Telephone (717) 241-431 L Facsimile (7171241-4021 OF COUNSEL HAMILTON C. DAVIS ASSOCIATE JOHN J. BARANSKI, JR. April 12, 2001 Hand Deliver Honorable Edward E. Guido Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Krulac v. Norwest Bank Minnesota, NA, et al Dear Judge Guido: LEGAL ASSISTANT BONNIE L. COYLE Please find enclosed a Motion for Final Decree and Order of Court Confirming Judgment. Pursuant to Pa. R.C.P. 1066 (b) and Seven Springs Farm, Inc. v. King, 344 A.2d 641 (Pa. Super. Ct. 1975), Plaintiffs are entitled to an Order of Court quieting title to the property located at 250 Oak Grove Court, Mechanicsburg, PA in them and further, directing the Recorder of Deeds to accept the Order for recording upon presentation and payment of the applicable recording fees by the Plainitffs. If you have any questions, please feel free to contact me. Very truly yours, Jo J. Baranski, Jr. Enclosures Cc M/M David A. Krulac