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Home My WebLink About05-0806Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station. Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax'. 215-886-8791 Attorneys for Plaintiff WM Speicalty Mortgage LLC, Without Recourse, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda 65 Derbyshire Carlisle, PA 17013 DEFENDANTS. NO: OS- 0 U ??? C 1 w1 CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\CI TentskAneri quest\Ruda\Complaint-Ruda.wpdPK AVISO LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con on abogado y entregar a ]a corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus cdades u otros derechos importantes para usted. LLEVEESTADEMANDAAUNABOGADOINMEDIATAMENTE. SINOTIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Ruda\Complaint-Ruda.wpdPK Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 2t5-886-8791 WM Speicalty Mortgage LLC, Without Recourse, PLAINTIFF V. Joseph Ruda Terri L. Ruda 65 Derbyshire Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WM Speicalty Mortgage LLC, Without Recourse, by and through its attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, WM Speicalty Mortgage LLC, Without Recourse ("Plaintiff'),isacorporationwith a principal place of business at 505 City Parkway West, Suite 100 Orange CA 92865. 2. Defendant(s), Joseph Ruda and Terri L. Ruda, is/are the real owner(s) and mortgagor(s) and grantee(s) in the last deed of record to the hereinafter described real estate located at 945 Doubling Gap Road Newville, PA 17241, hereinafter "Premises." Defendant(s) resides at 65 Derbyshire, Carlisle, PA 17013 . 3. On 02/11/2002 Defendant(s), Joseph Ruda and Terri L. Ruda, made, executed and delivered a mortgage for the benefit of Ameriquest Mortgage Company as security for the payment by defendant(s) of certain sums due and owing by Defendant(s) under a promissory note by Plaintiff. Said mortgage is recorded in the Office of the Recorder in and for Cumberland 4. 5. 6. 7 8. 9. County, in Mortgage Book Vol. 1749, Page 2145, and is incorporated herein by reference by virtue of Pa. R.C.P. §1019(g). The aforesaid mortgage has not been assigned. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. The premises subject to the aforesaid mortgage is described in Exhibit "A," which is attached hereto and incorporated herein by reference. The address of the mortgaged premises is 945 Doubling Gap Road, Newville, PA 17241. The aforesaid mortgage is in default because the required monthly payments due under the terms of the aforesaid note and mortgage have not been made from 10/01/2004 through the present date. By the terms of the said mortgage, upon breach and failure to cure said breach after notice, all sums secured by said mortgage shall be immediately due and owing. The terms of the said mortgage further provide that in the event of default, Defendant shall be liable for Plaintiffs costs and attorney's fees. The following amounts are due as of February 9, 2005: Principal of Mortgage debt due and unpaid $125,845.51 Accrued interest through February 9, 2005 $6,185.62 Late Charges $358.07 Corporate Advance $40.52 Escrow Advance ($1,418.83) Attorney's Fees $6,292.28 2 TOTAL 137 303.17 plus costs, interest at the rate of 37.89 per diem for each day after January 26, 2005, until the entry of judgment, and interest from the date of judgment as provided by law. 10. Plaintiff has demanded the total amount due from Defendant, but Defendant has failed to pay the same. 11. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sea. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 12107/2004. A true and correct copy of said notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. WHEREFORE, Plaintiff demands judgment in rem be entered in its favor and against Defendant(s) Joseph Ruda and Terri L. Ruda, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $137,303.17 plus costs, interest per diem and interest from the date of judgment as provided by law, and for such other and further relief as the Court shall deem just and proper. TES, By: ? w/ chard M. Squii , Esqui 115 West Avenue, Suit 4 Jenkintown, PA 19046 215-886-8790 / A ttorneys for or Plaintiff Date: j UNL SS OU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT 3 OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because be has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4404 relating to unswom falsificatiofrto authoritigs. Date: Richard M. Squire, Attorney for Plainti EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground, with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the public road leading from Newville to Doubling Gap; thence by the center of the above state public road; North Forty-three (43) degrees West, a distance of Five Hundred (500) feet to a point; thence along other lands now or late of John H. Clouse, the following courses and distances: (1) North Forty-seven (47) degrees East, a distance of Four Hundred (400) feet to a stake; (2) South Forth-three degrees East, a distance of Six Hundred (600) feet to a stake; (3) South Sixty-One (61) degrees Thirty (30) minutes East, a distance of Four Hundred Fifteen (415) feet to a post in the center of the public road leading from Newville to Doubling Gap, THE PLACE OF BEGINNING. P.O. Box 11000 - Santa Ana, CA 92711-1000 7182 6389 3060 0524 9979 JOSEPH S RUDA TMUZI L RUDA 945 DOUBLING GAP RD NEWVILLE, PA 17013 f I NYC A AMEPJQLTST' MORTGAGE COMPANY December 07. 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0033938630 Property Address: 945 DOUBLING GAP RD, NEW VILLE PA, 17241 Original Lender: Ameriquest Mortgage Company Current Leudex(Sewicer: Ameriquest Mortgage Company 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 mortgage on your home is in default, and the leader intends to foreclose. Sons is information about the nature of the defank is provided in the attached oases. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM =MAP) may be able to help to save your home. This Notice explains how the program works. This Notice contains important legal information. It 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 find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA E"ORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SIR ELIGIBLE PABA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDEDA DEL DERECHO A REDIM3R SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE 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 1963 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 2 IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND z 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-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the dale of this mating The names addresses and telephone numbers of designated consumer credit counseling agmcies for the county in which the orooerty is located are set forth at the end of this Notice. It is only necessary to schedule one ffia-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Yom 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 5nancis] assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must full out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the 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 SIT FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WELL 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 foreckreme proceedings will be pursued against you tf you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. .MR]IKI.-01 December 07, 2004 Loan Number: 0033938630 NOTE.: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property lotted at: at 945 DOUBLING GAP RD, NEWVI.LE, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01104 thin 12101104 at $1491.94 per month Monthly Payments plus late charge or other fees: $4004.11 Total Amount to Cure Default,. S4004.11 E. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT --Yon may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4004.11 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments most be made either by cash cashier's check certified check or manev order made payable and sent to: Ameriquest Mortgage Company 505 City Parkway West, Sane 4100 Orange, CA 92868-2912 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 applicable.) N/A 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 rights to accelerate the mortgage 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 leader also intends to instruct its attorneys to start legal action to foreclose upon your mortgated PEW IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged 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, if legal 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 the lender, which may also include other reasonable coats. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney'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 cared the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to care the default late costs connected with the performing anv other requirements under the mortgage. Curing your default in the mauner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to care 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 PO Box 11000 Orange, CA 92711-1000 Phone Number 800-430-5262. Fu Number 714-347-5037 EFFECT OF SHEREIT"S SALE -Yon should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your famishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- Yon _ 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, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: z 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 DEFAULT 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 DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) s TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, s TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yours, Amerigmest Mortgage Company Cc: Ameriquest Mortgage Company Attn: Collections Department LoanNumber: 0033938630 Mailed by 1st Class Mail and by Certified Mail ervuolxvltm Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 nOMIMEM4E1 UI 7wJI ^ ` ? ,l V ` SHERIFF'S RETURMEWOT SERVED CASE NO: 2005-00806 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WM SPEICALTY MORTGAGE LLC VS RUDA JOSEPH R. Thomas Kline , Sheriff , who being duly according to law, says, that he made a diligent search and inq the within named DEFENDANT , to wit: RUDA JOSEPH unable to locate Him in his bailiwick. He therefore returns COMPLAINT - MORT FORE NOT SERVED the within named DEFENDANT RUDA JOSEPH DERBYSHIRE DRIVE CARLISLE, PA 17013 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION. sworn iry for was , as to ? r Sheriff's Costs: So answers: Docketing 18,00 -? Service 7.40 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 35,40 RICHARD SQUIRE & ASSOCIATES 03/17/2005 Sworn and subscribed to before me this [(-((A day of ti A D a , Prothonotary SHERIFF'S CASE NO: 2005-00806 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WM SPEICALTY MORTGAGE LLC VS JOSEPH ET AL Thomas Kline SERVED , Sheriff , who being duly according to law, says, that he made a diligent search and inc the within named DEFENDANT to wit: RUDA TERRI L unable to locate Her in his bailiwick. He therefore returns COMPLAINT - MORT FORE NOT SERVED the within named DEFENDANT RUDA TERRI L 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION Sheriff's Costs: So answers:_ , Docketing 6.00 L„e Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 RICHARD SQUIRE & ASSOCIATES 03/17/2005 Sworn and subscribed to before me this _? _ day of N' ,2 i ,?()< , IA . D,? a Prothonotary ry for was as to RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-87% Fax: 215-886-8791 Attorneys for Plaintiff WM Speicalty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Joseph Ruda Terri L. Ruda NO: 05-806 CIVIL ACTION DEFENDANTS. MORTGAGE FORECLOSURE MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 AND NOW, comes Plaintiff, WM Speicalty Mortgage LLC, Without Recourse, by its attorney Richard M. Squire, Esquire, and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Joseph & Terri L. Ruda, and permitting all future matters involving service pursuant to 3129.2(c)(1)(c), by regular and certified mail to the Defendant(s)' last known address and mortgaged premises located at 945 Doubling Gap Road, Newville, PA 17241, and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". A review of Exhibit "A" indicates that the property is vacant and/or that Defendant(s) are avoiding service. 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation/Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results thereof and/or an inquiry made to the U.S. Post Office or the last known address of Defendant(s) which are attached hereto as Exhibit "B". icl 3. A review of Plaintiffs internal records as of April 14, 2005 indicate that Plaintiff has not been contacted by Defendant(s) to bring the loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendant(s), but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future matters requiring service, by regular and certified mail. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC BY: k'i (C(Q fly yj?'l ?(rti 2;_ Richard M. Squire, Esqui v Attorney for Plaintiff JC1 VERIFICATION I, Richard M. Squire, Esquire, hereby state that I am the attorney for the Plaintiff, a corporation unless designated otherwise; that I am authorized to make this Verification and do so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because I have personal knowledge of some of the facts averred in the foregoing pleading and that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief and the source of my information is public record and reports of Plaintiff's agent. The undersigned understands that this statement herein is made subject to the Penalties of Pa.C.S.§ 4904 relating to unswom falsification to authorities. Dated Richard M. Squire, Esquire Attorney for Plaintiff JCI RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, suite 104 It 5 West Avenue Jenkintown, Pa 19046 Telephone: 215-886.8790 Fa :215-886-8791 Attorneys for Plaintiff WM Speicalty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-806 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Richard M. Squire, Esquire, hereby certify that I served true and correct copies of the Plaintiffs Motion for Alternative Service and Memorandum of Law in Support upon the following person(s) named herein at their last known address by first class mail, postage prepaid, on the date listed below. TO: Joseph Ruda 65 Derbyshire Carlisle, PA 17013 Terri L. Ruda 65 Derbyshire Carlisle, PA 17013 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: April 14, 2005 RICHARD M. SQUIRE & ASSOCIATES, LLC Richard M. Squire, Esquire Attorney for Plaintiff F:\C1ients\Ameriquea\Ruda\Iv1AS Complaint.wpdJCI RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Speicalty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Joseph Ruda Terri L. Ruda NO: 05-806 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) Jcl examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation and U.S. Post Office inquiry, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by regular and certified mail. Respectfully submitted: 0('i( t& Li ( 10IiLi4 Richard M. Squire, sE q&e ici SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-00806 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WM SPEICALTY MORTGAGE VS RUDA JOSEPH ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: RUDA JOSEPH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT RUDA JOSEPH 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION. Sheriff's Costs: So answers - Docketing 18.00 _ !! " i Service 7.40 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 35.40 RICHARD SQUIRE & ASSOCIATES 03/17/2005 Sworn and subscribed to before me this day of A. D. Prothonotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-00806 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WM SPEICALTY MORTGAGE LLC VS RUDA JOSEPH ET AL Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RUDA TERRI L unable to locate Her in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the the within named DEFENDANT , RUDA TERRI L 65 DERBYSHIRE DRIVE NOT SERVED , as to SLE, PA 17013 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION Sheriff's Costs: So answers Docketing 6.00 Service .00 Affidavit .00 R. Thomas K9 ne surcharge 10.00 Sheriff of Cumberland County .00 16.00 RICHARD SQUIRE & ASSOCIATES 03/17/2005 Sworn and subscribed to before me this day of A. D. Prothonotary 13000 Rome 73 Sidle 107 File # Firm Subject: Current Address Property Address Mailing Address: default Express Services. Inc. Four Greentlae Centel Marlton, NJ 08053 `+.P Iio n e: 856 "J8533A0 Fax: 85G-985-3342 infatu?JefauNax Press.com 1087 Richard Squire & Associates Joseph Ruda & Terri L. Ruda 65 Derbyshire Carlisle, PA 17013 65 Derbyshire Carlisle, PA 17013 65 Derbyshire Carlisle, PA 17013 6-Ai6jE Ile)" I Steven M. Ruffo,being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above noted individual(s) 4111105 and have discovered the following 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Joseph Ruda - 203-50-6346 Terri L. Ruda - 173-48-9664 B. EMPLOYMENT SEARCH Joseph Ruda - Our office was unable to verify the employment information on the credit report. Terri L. Ruda - Our Office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 4/11/05 our inquiry with the creditors indicate that Joseph Ruda & Terri L. Ruda reside(s) at 65 Derbyshire Carlisle, PA 17013 11. INQUIRY OF TELEPHONE COMPANY &DIRECTORY ASSISTANCE SEARCH On 4/11/05 our inquiry with the Directory Assistance indicated that Joseph Ruda Terri L. Ruda reside(s) at 65 Derbyshire Carlisle, PA 17013 717-249-0813. Our office made a telephone call to the mortgagor number and spoke with Joseph Ruda III. INQUIRY OF NEIGHBORS Using our Whitepages database we contacted KJ Nicholson residing at 63 Derbyshire would not confirm/deny on 4/11/05 that Joseph Ruda & Terri L. Ruda reside at 65 Derbyshire Carlisle, PA 17013. IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 4/11/05 indicates the following is correct Joseph Ruda & Terri L. Ruda - 65 Derbyshire Carlisle, PA 17013 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 4/11/05 the following is an active mailing address : 945 Doubling Gap Rd. Newville, PA 17241 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Joseph Ruda & Terri L. Ruda has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 4/11/05 Vital records has no death records on file for Joseph Ruda & Terri L. Ruda B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC,) Our investigation could not find Public licenses/ records for the mortgagor C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration for Joseph Ruda & Terri L. Ruda D.INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 4/11/05 our office conducted a search of the following tax records which showed the following : See Attached VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Joseph Ruda - YOB - 1958 Terri L. Ruda - 3/13/62 B. AKA Joseph Ruda - none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities I hereby verify that the statemants made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. FFIANT Steven M.Ru Default Express Services, INC. President Sworn to and subscribed before me this 11th day of Apr 2005 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar.21, 2007 Fax: 856 'J85-3342 i nfota'd efa a Ite x p recs. c o m ,,,,....... ".press Services. Inc. 13000 Route 73 Suite 107 Four Greentree Center Marlton, NJ 08053 Phone: 8569853340 Report Results SSN ISSUED-73 STATE ISSUED-PA ***************************************************************************** * ADDRESS DISCREPANCY - NO SUBSTANTIAL DIFFERENCE OCCURRED *******************************************************************k********* * 199 EQUIFAX INFORMATION SERVICES LLC, ,ATLANTA,GA,30374-0241,800/685-1111 P 0 BOX 740241, *RUDA,JOSEPH,S SINCE 05/18/88 FAD 03/15/05 FN-397 65,DERBYSHIRE,DR,CARLISLE,PA,17013,TAPE RPTD 10/98 TELEPHONE NUMBER (717) 249-0813 SPEC 01/05 945,DOUBLING GAP,RD,NEWVILLE,PA,17241,TAPE RPTD 10/01 TELEPHONE NUMBER (717) 776-4593 SPEC 09/04 PO,BOX 866„ CARLISLE,PA,17013,CRT RPTD 02101 AGE-47,SSS-203-50-6346 **** WARNING BANKRUPTCY ON FILE, FULL CREDIT REPORT IS ADVISED..... Report Results SSN ISSUED-71 STATE ISSUED-PA ***********************************************************+***************** * ADDRESS DISCREPANCY - NO SUBSTANTIAL DIFFERENCE OCCURRED ******************************************k********************************** * 199 EQUIFAX INFORMATION SERVICES LLC, P O BOX 740241, ,ATLANTA,GA,30374-0241,800/685-1111 *RUDA,TERRI,LYNN SINCE 12/30/89 FAD 10/21/04 FN-224 65,DERBYSHIRE,DR,CARLISLE,PA,17013,TAPE RPTD 03/98 TELEPHONE NUMBER (717) 249-0813 SPEC 12/04 945,DOUBLING GAP,RD,NEWVILLE,PA,17241,TAPE RPTD 10/01 231,PZ DR„ BOILING SPRINGS,PA,17007,TAPE RPTD 01/99 FN-KNAUB,TERRI,L FN-WINGER,TERRI,LYNN BDS-03/13/1962,SSS-173-48-9664 01 ES-,JR CONST 02 EF-WAITRESS,BAKERS RESTAURANT **** WARNING BANKRUPTCY ON FILE, FULL CREDIT REPORT IS ADVISED..... Bankruptcies, Judgments and Liens Case Number: 0003280 Filing Type: CHAPTER 7 DISCHARGED State: PA Complaint Date: Sch. 341 Date: 09/08/2000 Dismissal / Disposition 01/22/2001 Date: Modified Date: Defendant: Type: SSN or Tax ID: Date of Birth: Other names: Address: Spouse: Address: Plaintiff: Type: Address: Amount: D. Attorney: Firm: Address: RUDA, JOSEPH S INDIVIDUAL 203506346 945 DOUBLING GAP RD NEWVILLE, PA 17241 UNKNOWN $0.00 License: JAMES M BACH Record Type: BANK Serial No.: Filing Date: 07/27/2000 Satisfied Date, Posted Date: Assets: 352 S SPORTING HILL RD MECHANICSBURG,PA 17055 7177372033 P. Attorney: Firm,. Address: Court: Judge: Unlawful Detainer: Book: HARRISBURG MIDDLE DISTRICT N License: Court ID: Judge RJW Initials: Action Type: Page: I ` RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Offices In Pennsylvania And New Jersey Richard M. squire- One Jenkintown Station New Jersey Office Also Admitted In MD 66 Wildcat Branch Drive 115 West Avenue, Suite 104 Sicklerville, NJ 08081 Pamela S. Keys Jenkintown, PA 19046 Tel (856) 262-0474 Firm Administrator Fax (856) 740-3651 April 4, 2005 Postmaster Carlisle, PA 17013 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Dear Madam or Sir: Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Joseph Ruda Address: 65 Derbyshire Carlisle, PA 11013 Note: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 36 CFR 265.6(d)6(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney at Law 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: WM Spec alMortgage r T r v Jncenh Ruda and Terri r Ruda 4. The court in which the case has been or will be heard: Cumberland Co-Tur-i-t-y 'Court of Common Pleas The docket or other identifying number if one has been issued95-806 Civil Term 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION EITHER (1) TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Richard M. Squire & Associates, LLC BY±NJ, l? l I?t ?X An:Lt t ( ' hard M. Squtre, squire FOR POST OFFICE USE ONLY No change of address order on file Not known at address given. -Moved, left no forwarding address. No such address. NEW ADDRESS or BOXHOLDER'S POSTMARK NAME and STREET ADDRESS ;c ?- ?, -?, ,_? - ' ?, - ;, _ ?' ,:: •, r , ?:??; _., - :: ._ `J RECEIVED APR 2 01005' " RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No.04267 One Jenkintowm Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attornevs for Plaintiff WM Speicalty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-806 CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 AND 3129.2(c)(1)(c) Za o .? AND NOW, this Z / h day of 22402, upon consideration of Plaintiffs Motion for Alternative Service Pursuant to Pennsylvania R.C.P. 430 and 3129.2(c)(1)(c) and the Affidavit of Reasonable Investigation/Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint and all future matters requiring service pursuant to 3129 (c)(1)(c) on the above captioned Defendant(s) Joseph & Terri L. Ruda, by mailing a true and correct copy of the Document by certified mail and regular mail to the Defendant(s)' last known address, and to the mortgaged premises located at 945 Doubling Gap Road, Newville, PA 17241. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT JC1 c)A' ?, U ?, Dili 0 RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 west Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attornevs for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda DEFENDANTS NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, RICHARD M. SQUIRE, being duly sworn according to law, hereby depose and say that on the I st day of July, 2005, I caused a true and correct copy of plaintiff's Complaint in Mortgage Foreclosure in the above matter to be served on defendants Joseph Ruda and Terri L. Ruda at the following address by U.S. MAIL VIA CERTIFIED AND FIRST CLASS MAIL the said premises. Address of Service: 945 Doubling Gap Rd. Newville, PA 17241 RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No.04267 One Jenlntown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff RECEIVED APR 20201 WM Speicalty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Joseph Ruda Terri L. Ruda DEFENDANTS. NO: 05-806 CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 3129.2(c)(1)(c) -00J AND NOW, this 215I`_ day of /C-2991 upon consideration of Plaintiffs Motion for Alternative Service Pursuant to Pennsylvania R.C.P. 430 and 3129.2(c)(1)(c) and the Affidavit of Reasonable Investigation/Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint and all future matters requiring service pursuant to 3129 (c)(1)(c) on the above captioned Defendant(s) Joseph & Terri L. Ruda, by mailing a true and correct copy of the Document by certified mail and regular mail to the Defendant(s)' last known address, and to the mortgaged premises located at 945 Doubling Gap Road, Newville, PA 17241. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. TWE COPY f[ O?4 RECORD ad jr, i:.stimony whereof, t 1; re nto set my a,; ASeai of said C rt arlisle, Pa. ,11/1 1 n BY THE COURT s J. G? K ? m N? ?G 2 d ? O 7336 7780 7OL14 0? so 0003._. my 3 F, p? -{7Jn? rots Qn ? 3? c 9? c p?ms ??.m T3. m?yw? y3 ?`me r m s 3N.p???d^'?,m. su 3 m ??? zT, ` m )off-4zT.? 9I- ? ?. ?L Or ??? m QA p o0 m W a? ? Q? vac v a q W n °w,? ? v?7J -Occ ?.' v ? q 3. ?n quo ?i ?m LS i y m ? ? a p A m ? IW a ?0[3 [ n .n a7? ZO 3N gm ?A I 4 K 6 .1C b ? S? A S m ?? m m N W ? ? 9 ry? c ? P d ? ? c ? fl. of? Q 3 HNO 79 6 7766 733 7 7pp4 p75p 7 136 7773 ? ppp2 7336 g lilt ?, •O IN ..- ---u' ?r " ?,? ? ` R [? ?? 9 '?;?? * ' r ?? ? its _ i _? {? :C N sam^^ °? Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 WM Speicalty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda 65 Derbyshire Carlisle, PA 17013 NO 05-806 CIVIL ACTION DEFENDANTS. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Joseph & Terri L. Ruda, Defendants for their failure to file an Answer to Plaintiff s 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 the Complaint $137,303.17 Interest from 02/09/2005 to 06/23/2005 5,115.15 TOTAL $142,418.32 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.I.Aonv attachrA , KIcnard M. Squire, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE:JLJv as PROTHONOTARY F:\Clients\Ameriquest\Ruda\Default Judgment.wpdJCl Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Speicalty Mortgage LLC, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda 65 Derbyshire Carlisle, PA 17013 NO 05-806 CIVIL ACTION DEFENDANTS. VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants 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 of 1940, as amended. (b) that Defendants Joseph & Terri L. Ruda are over 18 years of age and reside at 945 Doubling Gap Road, Newville, PA 17241. This statement is made subject to the penalties of 1 Pa. C.S. Section unsworn falsification to authorities. j, /Richard M. Sq 're, Esquire / Attorney for Plaintiff relating to F:\Clients\Ame,iquest\Ruda\Default Judgment.wpdJCI Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date WM Speicalty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 65 Derbyshire Carlisle, PA 17013 DEFENDANTS. NOTICE TO: Joseph Ruda 65 Derbyshire Carlisle, PA 17013 Pursuan to equirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that o a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. Prothonotary Deputy Prothonota Date Mailed: F:\ClientsWmeriquest\Ruda\Default Judgm"t,wpdJCI Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date WM Speicalty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 65 Derbyshire Carlisle, PA 17013 DEFENDANTS. NOTICE TO: Terri L Ruda 65 Derbyshire Carlisle, PA 17013 Pursuantto requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on , a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. Prothonotary ]'-a Depu y_ Prothhonot Deputy Date Mailed: F:\Clients\Ameriquest\Ruda\Default Judgment.wpOCl Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Speicalty Mortgage LLC, Without Recourse, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Rd. Newville, PA 17241 DEFENDANTS. TO: Joseph Ruda 945 Doubling Gap Rd. Newville, PA 17241 DATE OF NOTICE: June 13. 2005 NO: 05-806 CIVIL ACTION MORTGAGE FORECLOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Cl1ents\Amerlq1est\Ruda\l0 Day Notice.wpdVCI Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Speicalty Mortgage LLC, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Rd. Newville, PA 17241 DEFENDANTS. TO: Terri L Ruda 945 Doubling Gap Rd. Newville, PA 17241 DATE OF NOTICE: June 13.2005 PENNSYLVANIA NO: 05-806 CIVIL ACTION MORTGAGE FORECLOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FXhents\Ameriquest\Ruda\10 Day Notice.wpd\JCI P --6Q 7 -4) N ? ?_ r ?, RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attornevs for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda DEFENDANTS NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, RICHARD M. SQUIRE, being duly sworn according to law, hereby depose and say that on the 27st day of May, 2005, I caused a true and correct copy of plaintiff's Complaint in Mortgage Foreclosure in the above matter to be served on defendants Joseph Ruda and Terri L. Ruda at the following address by U.S. MAIL VIA CERTIFIED AND FIRST CLASS MAIL the said premises. Address of Service: 945 Doubling Gap Rd. Newville, PA 17241 r N n m m° 7004 0750 0002 7336 7780 n' y ma m n 3m a m YY\\ pryT ?C Zq E?Q qsq q?i ? _ iI •• U v'0 00 6 N mommom mom mo °3?fO33.?3m d m ? d m ? ? v? v y 3 a A 3 a A 3» 3 m, 'tea m, •'a m n m_ _ m m m = 0rn R-i ZED -1 omrn Z<o ? U7 ry? Ni ?°i N $? (Ali N_ O r S. Q r !/i O 2. Q mc?Q?mc Vm ?' g,?VHA v ysc ?? c yea ?? m m° D? m m m D'P N9 ? N ? W A Q W a ` ? u1 ILA S O (???7 0 3 0 N ? o D ?m $m 5 m fO m p 3 a 0 m la. 6.B e. gY?E 4. ?oo 0 0 ? No- o? ZNti m' n ?{ ?v 7004 0750 0gy002 7336 7766 7336 7797 r a z n m m 0 b A n m m L j m ? U1 s ? D Dm r ? 0 A U7 O C. N O A 0(0')00002 % m C) N N F) ° Oct, 1 ? ? m y m N yy E. O m - 00 ?d D c i m c.^ N 0 C off m H 65 E c c a '7 73 N j a 'm p NM o zp a^ L p D Z C o? 9t ? N O ?'• O ?" o NfOZD CJp-i?r'G N ?O N D ''' a m c7 ? p ' ?i --+ c_ _, rG?- ?; : _ '? v - -- - C:y ,:. --? +?.? - -_ __ ,. ?-? .?- :n o} Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 for Plaintiff Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due Interest From 06/23/2005 to @ $37.89 per diem ?% * plus fees and costs Dated / $142,41 Attorney for Plaintiff(s) O 00 J, O O oz ¢?a V? xc o' U. 1 ? c?3 G+ Ii I 7 td td a o ? r. f e t? 3 :1tfY v ( ctl a? : t Lu ? o v N O ?W yG ? WO r OH O A Q ? W O v 4+ d w e a Y Q??Y U .? p r 471-11 1 . Q ? tnfl M M cs 1 '6r ti rl- U `'emu K c? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-806 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff (s) From JOSEPH RUDA AND TERRI L. RUDA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,418.32 L.L. $.50 Interest FROM 6/23/05 TO 9/6/06 @ $37.89 PER DIEM PLUS FEES AND COSTS Atty's Comm % Atty Paid $133.40 Plaintiff Paid Date: MAY 31, 2006 (Seal) REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE Due Prothy $1.00 Other Costs CURTIS . LONG Prothonotary By: Deputy Address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8791 Supreme Court ID No. 04267 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 NO. 05-806 CIVIL ACTION DEFENDANTS. CERTIFICATION Richard M. Squire, 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 o 8 Pa. C.S. S ction 4904 rely ' g to unworn falsification to authorities. Ric uire, Esquire Attorney for Plaintiff c nI { HIM t i' (J7 Richard M. Squire, Esquire I.D. No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. i AFFIDAVIT OF LAST KNOWN ADDRESSES I, Richard M. Squire, being duly sworn according to law, hereby depose and say that I am counsel for plaintiff in the above matter and that the last known addresses for the parties herein are as follows: Defendants: 945 Doubling Gap Road Newville, PA 17241 Date: May 26, 2006 Attorney for Plaintiff =r, " „1 fTi cn cn Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 115 West Avenue Jenkntown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 for Plaintiff WM Speicalty Mortgage LLC, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 NO 05-806 CIVIL ACTION DEFENDANTS. VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants 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 of 1940, as amended. (b) that Defendants Joseph & Terri L. Ruda are over 18 years of age and reside at 945 Doubling Gap Road, Newville, PA 17241. This statement is made subject to the penalties of 18 pa. C.S. Section 49?4 relating to unswom falsification to authorities. Richard M. Squire, E; Attorney for Plaintiff F:\Clients\Ameriquest\Ruda\Default JudgmetumpdJCl r. ? N C.h ?_., ? 'Il Zit; -r, rr, - _ ?= .a ? ?j J ?T. -! f? _? C77 S' Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax (215) 886-8791 WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 945 Doubling Gap Road, Newville, PA 17241: Name and last known address of Owner(s) or Reputed Owner(s): Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Teri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 Name and last known address of Defendant(s) in the judgment: Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Tern L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Ronald Tomasko 6 Cedar Road Joyce Tomasco Carlisle, PA 17013 The Patrot News 812 Market Street Harrisburg, PA 17105 / l 4. 5. 6. Name and address of last recorded holder of every mortgage of record: None Other Name and address of every other person who has any record lien on the property: None Other Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Domestic Relations Section Court of Common Pleas Health & Welfare Building P. 0. Box 2675 Harrisburg, PA 17105-2675 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 945 Doubling Gap Road Newville, PA 17241 VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification/ authorities. By: 'RichafdlvT. -Sg0'e, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 Attorneys for Plaintiff Date: May 26, 2006 u, =2 CJ T N ::a UI ? G7 T -n "i A f Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Terri L Ruda 945 Doubling Gap Road Newville, PA 17241 Your house (real estate) at 945 Doubling Gap Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday September 6, 2006 at 10:00am Courthouse, 1 Courthouse Square , Carlisle, PA 17013 to enforce the courtjudgment of $142,418.32 plus interest to the sale date obtained by WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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. BC r 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 BC I/ LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground, with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the public road leading from Newville to Doubling Gap; thence by the center of the above state public road; North Forty-three (43) degrees West, a distance of Five Hundred (500) feet to a point; thence along other lands now or late of John H. Clouse, the following courses and distances: (1) North Forty-seven (47) degrees East, a distance of Four Hundred (400) feet to a stake; (2) South Forth-three degrees East, a distance of Six Hundred (600) feet to a stake; (3) South Sixty-One (61) degrees Thirty (30) minutes East, a distance of Four Hundred Fifteen (415) feet to a post in the center of the public road leading from Newville to Doubling Gap, THE PLACE OF BEGINNING. Parcel No. 15-04-0391-019 Property known as 945 Doubling Gap Road, Newville, PA 17241 µ C) t7 71 nf._ '-,• a nib ' W -c? rn 17 ??.`> fi . C4l -m tV _ Gn i ? Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Attorneys for Plaintiff Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. Date: May 31, 2006 NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Joseph Ruda and Terri L. Ruda PROPERTY: 945 Doubling Gap Road Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday September 6, 2006 at 10:00am, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 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. Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joseph Ruda 945 Doubling Gap Road Newville, PA 17241 Your house (real estate) at 945 Doubling Gap Road, Newville, PA 17241 is scheduled to be sold at Sheriff s Sale on Wednesday September 6, 2006 at 10:00am,1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $142,418.32 plus WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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. BC 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 BC N C, ? 'l7 y W jCJ ? j JJ ?, _ _ N ,JCn - ?^ C'n C7? Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85 165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 WM Specialty Mortgage LLC, Without Recourse, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241, NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS. I, M. Troy Freedman, Esquire, of full age and upon my oath, state and depose as follows: 1. I am an attorney duly licensed to practice law before the Pennsylvania Supreme Court and in good standing. 2. I am employed with Richard M. Squire & Associates, LLC, the attorneys for the Plaintiff in the above-captioned matter. 3. Pursuant to the Order of the Cumberland County Court of Common Pleas dated April 21, 2005, the Notice of Sheriff's Sale, pursuant to Pa. R.C.P. 3129.2(a), was served as follows: a. Via simultaneous regular mail, postage prepaid and certified mail, return receipt requested to the Defendants' last known address at 945 Doubling Gap Road, Newville, PA 17241. True and correct copies of the certified mail receipt and PS Form 3877 are collectively attached hereto as Exhibit "A" and made a part hereof. Dated: July 11, 2006 I-- ,,W-Troy Freedman, Esquire, affiant Sworn to and subscribed before me this -1-- day of July, 2006. lotary?Kublic MMONWEALTH OF P SYLV Notarial Seal Brian Corkery, Notary Public Jenkintown Boro Montgo nay County My Comanissim expires Aug. 14, 200 Ma nber, PennsyWwde Anodadon of Nftdea Exhibit "A" CO) y O .a ry"• d i O O Qz m 3 < c 3 0° m a V m O -4 `? ? Y C IJ Y ? Q C 4 3 , . N M r X p ? A c5 N I. Al w 7005 1820 0005 9549 6629 Qr fODN 'btS'??I oO m '293- M g m =3Q z - ?. m 0 'fil o?m m N o?3 ?ou? m x Will d m 8 1. fA SS 03 3 m c m z 0 Cl) m O1 N -o rS D ? a) w V +n ? j'NO Q O °w CL a a w ?- -- ;0 z CA Sa 0MC.m faCz a• 0 >m D a m a s a SD @ 0 41 M a) ca y 00 0 -n ?U - a?????o ORMO FMO N " m 0n 0 D_ da ? m- Ay D ?? Mm ,B m c r?* .0 m X N O O N D ... Cam. O CL y°- ' m O d C H _ C m m O 0 eNO p p 7C 0 ;o0 ?tA oD x 0 N o tv D TI N CL 0.3 ? c ?0 D z T C (O 5 N c LN ? C ( Ol • w W 0 ?T a co a4- A • 6G rl _ CV i d Of w Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85 165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA (215) 886-8790 19046 Fax (215) 886-8791 WM Specialty Mortgage LLC, Without Recourse, PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 945 Doubling Gap Road, Newville, PA 17241: 1. Name and last known address of Owner(s) or Reputed Owner(s): Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 Almeda May Ruda, 945 Doubling Gap Road, Newville, PA 17241 2. Name and last known address of Defendant(s) in the judgment: Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Ronald Tomasko 6 Cedar Road Joyce Tomasco Carlisle, PA 17013 The Patrot News 812 Market Street Harrisburg, PA 17105 F:\Ciients\Ameriquest\Ruda\ WRIT.MAY06.wpd 4. 5. 6. 7 Name and address of last recorded holder of every mortgage of record: None Other Name and address of every other person who has any record lien on the property: None Other Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Domestic Relations Section Court of Common Pleas Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013-3387 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 945 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank c/o National Subpoena Processing Chase Manhattan Mortgage Corp. J.P. Morgan Chase Bank Manufacturers & Traders Trust Company t/a M&T Bank Lower Mifflin Township J.P. Morgan Chase Bank f/k/a Bank One 7610 West Washington Street Mail Code IN 1-4054 Indianapolis, Indiana 46231 P.O. Box 47020 Atlanta, GA 30362-0020 270 Park Avenue New York, NY 10017-2070 P.O. Box 840 Buffalo, NY 14240-0840 1101 Doubling Gap Road Newville, PA 17241 7610 West Washington Street F:\Clients\Ameriquest\Ruda\ WRIT.MAY06.wpd C/o National Subpoena Processing J.P. Morgan Chase Bank f/k/a Bank One Mail Code IN1-4054 Indianapolis, Indiana 46231 270 Park Avenue New York, NY 10017-2070 VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC B?? M. Troy Freedman, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 Attorneys for Plaintiff Date: July 11, 2006 F:\Clients\Ameriquest\Ruda\ WRIT.MAY06.wpd WM Specialty Mortgage LLC, without recourse in the Court of Common Pleas of VS Cumberland County, Pennsylvania Joseph Ruda and Terri Ruda Writ No. 2005-806 Civil Term Willaim Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2006 at 11:29 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Joseph Ruda and Terri Ruda, by posting premises located at 945 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, pursuant to order of the court. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2006 at 1:27 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph Ruda and Terri Ruda located at 945 Doubling Gap Road, Newville, Pennsylvania 17241 according -to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Joseph Ruda and Terri Ruda, by regular mail to their last known address of Doubling Gap Road, Newville, Pennsylvania 17241. These letters were mailed under the date of June 26, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Richard Squire. Sheriff's Costs: Docketing $30.00 Poundage 13.00 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 22.88 Levy 15.00 Surcharge 30.00 Law Journal 245.00 Patriot News 236.60 Postpone Sale 20.00 Share of Bills 19.31 z J? P ?b ? / $ 663.29 So Answers: R. Thomas Kline, Sheriff BY J Real Estat ergeant t ? SD G? /FG709 Aug.29. 2006 8:32AM Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff No. 9' 19 P. 11 WM Specialty Mortgage LLC, Without Recourse, PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. AM)F:NDED AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 945 Doubling Gap Road, Newville, PA 17241: 1. Name and last known address of Owner(s) or Reputed Owner(s): Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 Almeda May Ruda, 945 Doubling Gap Road, Newville, PA 17241 2. Name and last known address of Defendant(s) in the judgment: Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Ronald Tomasko Joyce Tomasco The Patrot News 6 Cedar Road Carlisle, PA 17013 812 Market Street Harrisburg, PA 17105 F:\Clients\Amsriquest\RudakV RW.MAY06.wpd Aug.29. 2006 8:33AM No.9119 P. 12 4. Name and address of last recorded holder of every mortgage of record: None Other 5. Name and address of every other person who has any record lien on the property: None Other 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: PA Department of Revenue Bureau of Compliance PO Box 281230 Department of Public Welfare Attn : Legal Department Harrisburg, PA 17128-1.230 Health & Welfare Building P. 0. Box 2675 Harrisburg, PA 17105-2675 Domestic Relations Section Court of Common Pleas 13 N. Hanover Street P.O. Box 320 Carlisle, PA, 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 945 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank c/o National Subpoena Processing Chase Manhattan Mortgage Corp. J.P. Morgan Chase Bank Manufacturers & Traders Trust Company t/a M&T Bank Lower Mifflin Township 7610 West Washington Street Mail Code TNl -4054 Indianapolis, Tndiana 46231 P.O. Box 47020 Atlanta, GA 30362-0020 270 Park Avenue New York, NY 10017-2070 P.O. Box 840 Buffalo, NY 14240-0840 1101 Doubling; Gap Road Newville, PA 17241 J.P. Morgan Chase Bank f/k/a Bank One 7610 West Washington Street F:1CIientskAmerique-AUtuda\VAUT.MAY06.wpd Aug. 29, 2006 8:33AM c/o National Subpoena Processing No, 9119 Mail Code IN] -4054 Indianapolis, Indiana 46231 J.P. Morgan Chase Bank fWa Bank One 270 Park Avenue New York, NY 10017-2070 W :71 y coyng M-LIMA I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC B M. Troy Freedman, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 Attorneys for Plaintiff Date: July 11, 2006 T:\CUenrslAmcr iqucst\Kuda\w?Zrr.MAYO6.wpd Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL. ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaia 'dff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 945 Doubling Gap Road, Newville, PA 17241: 1. Name and last known address of Owner(s) or Reputed Owner(s): Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 2. Name and last known address of Defendant(s) in the judgment: Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real properly to. be sold: Ronald Tomasko 6 Cedar Road Joyce Tomasco Carlisle, PA 17013 The Patrot News 812 Market Street Harrisburg, PA 17105 4. Name and address of last recorded holder of every mortgage of record: None Other 5. Name and address of every other person who has any record lien on the property: None Other 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: PA Department of Revenue Harrisburg, PA 17128-1230 Bureau of Compliance PO Box 281230 Department of Public Welfare Health & Welfare Building Attn : Legal Department P. O. Box 2675 Harrisburg, PA 17105-2675 Domestic Relations Section 13 N. Hanover Street Court of Common Pleas P.O. Box 320 Carlisle, PA 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 945 Doubling Gap Road Newville, PA 17241 VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification authorities. By: 4chard . qzu e, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 Attorneys for Plaintiff Date: May 26, 2006 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION CERTIFICATION Richard M. Squire, 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 unsworn falsification to authorities. _„_ - Richard M. Squire, Esquire I.D. No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax:215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i NO. 05-806 Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. AFFIDAVIT OF LAST KNOWN ADDRESSES I, Richard M. Squire, being duly sworn according to law, hereby depose and say that I am counsel for plaintiff in the above matter and that the last known addresses for the parties herein are as follows: Defendants: 945 Doubling Gap Road Newville, PA 17241 Date: May 26, 2006 A1W111Gy 1Vl 11a1111d11 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attornevs for Plaintiff WM Speiealty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Tern L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 05-806 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants 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 of 1940, as amended. (b) that Defendants Joseph & Terri L. Ruda are over 18 years of age and reside at 945 Doubling Gap Road, Newville, PA 17241. This statement is made subject to the penalties of 18 unsworn falsification to authorities. / Attorney for Plaintiff F:1Clients44meriquest\Ruda\Default Judgment.wpdJC 1 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff WM Specialty Mortgage LLC, Without IN THE COURT OF COMMON PLEAS Recourse V. PLAINTIFF, Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 Date: May 31, 2006 DEFENDANTS. CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Joseph Ruda and Terri L. Ruda PROPERTY: 945 Doubling Gap Road Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday September 6, 2006 at 10:00am, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 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. Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-986-8791 Attornevs for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Rude Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 O'IVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joseph Ruda 945 Doubling Gap Road Newville, PA 17241 Your house (real estate) at 945 Doubling Gap Road, Newville, PA 17241 is scheduled to be sold at Sheriff s Sale on Wednesday September 6, 2006 at 10:00am, I Courthouse Square, Carlisle, PA 17013 to enforce the courtjudgment of $142,418.32 plus WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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. Bc 3. You may be able to stop the sale. through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 3 0 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 BC Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attornevs for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Terri L Ruda 945 Doubling Gap Road Newville, PA 17241 Your house (real estate) at 945 Doubling Gap Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday September 6, 2006 at 10:00am Courthouse, 1 Courthouse Square , Carlisle, PA 17013 to enforce the court judgment of $142,418.32 plus interest to the sale date obtained by WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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. BC 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. 5. You have a right to rernaiy: i.1 i hu, 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Be LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground, with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the public road leading from Newville to Doubling Gap; thence by the center of the above state public road; North Forty-three (43) degrees West, a distance of Five Hundred (500) feet to a point; thence along other lands now or late of John H. Clouse, the following courses and distances: (1) North Forty-seven (47) degrees East, a distance of Four Hundred (400) feet to a stake; (2) South Forth-three degrees East, a distance of Six Hundred (600) feet to a stake; (3) South Sixty-One (61) degrees Thirty (30) minutes East, a distance of Four Hundred Fifteen (415) feet to a post in the center of the public road leading from Newville to Doubling Gap, THE PLACE OF BEGINNING. Parcel No. 15-04-0391-019 Property known as 945 Doubling Gap Road, Newville, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-806 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff (s) From JOSEPH RUDA AND TERRI L. RUDA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,41832 L.L. $.50 Interest FROM 6/23/05 TO 9/6/06 @ $37.89 PER DIEM PLUS FEES AND COSTS Atty's Comm % Atty Paid $133.40 Plaintiff Paid Date: MAY 31, 2006 (Seal) REQUESTING PARTY: Due Prothy $1.00 Other Costs CURTIS . LONG Prothonotary By: Deputy Name RICHARD M. SQUIRE, ESQUIRE Address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8791 Supreme Court ID No. 04267 Real Estate Sale # 81 On June 08, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA Known and numbered as 945 Doubling Gap Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 08, 2006 By: 'VI ate Sergeant V?m OD p n w A A G9 ?a N cn us c.' ? u- G z w ?= C.3 d G THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .................... I.... ............ .............................. COPY Sworn to and su c bore me this 1601 day S A L E #81 c0MM01A&"yA9b4t rLVaN Notarial Seat Terry L. Russell, Notary Phu city Of rrisburg, My issan r June 6, 2010 ? er, ylv Assation of NOW ? NOTARt PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 r. aer keg" ;AO' !4 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 21, July 28, and August 4, 2006 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. Marie TO AND SUBSCRIBED before me this Aday of August, 2006 _ 0 ' NY RI SEAL Pblic LOIS E. SNYDER, NotarLy Carlisle Boro, Cumberlannty My Commission Expires Ma: 2009 REAL ESTATE 8ALS NO. 81 Writ No. 2005-806 Civil WM Specialty Mortgage LLC, without Recourse VS. Joseph Ruda and Terri L. Ruda Atty.: Richard M. Squire LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground, with the improve- ments thereon erected, situate in Lower Mifflin Township, Cumber- land County, Pennsylvania, bound- ed and described as follows, to wit: BEGINNING at a point in the cen- ter of the public road leading from Newville to Doubling Gap; thence by the center of the above state public road; North Forty-three (43) degrees West, a distance of Five Hundred (500) feet to a point; thence along other lands now or late of John H. Clouse, the following courses and distances: (1) North Forty-seven (47) degrees East, a distance of Four Hundred (400) feet to a stake; (2) South Forth-three degrees East, a distance of Six Hun- dred (600) feet to a stake; (3) South Sixty-One (61) degrees Thirty (30) minutes East, a distance of Four Hundred Fifteen (415) feet to a post in the center of the public road lead- ing from Newville to Doubling Gap, THE PLACE OF BEGINNING. Parcel No. 15-04-0391-019. Property known as 945 Doubling Gap Road, Newville, PA 17241. Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station. Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without IN THE COURT OF COMMON PLEAS Recourse CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, ?. NO. 05-806 Joseph Ruda CIVIL ACTION Terri L. Ruda 945 Doubling Gap Road MORTGAGE FORECLOSURE Newville, PA 17241 DEFENDANTS. PRAECIPE TO PWISSUE WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due $142,418.32 Interest From 06/23/2005 to 9/3/2008 $ 44,255.52 @ $37.89 per diem $186.673.84 * plus :fees and costs Dated: May 20, 2008 X Troy Freedman, Esquire Attorney for Plaintiff(s) z N o w?? H o ? 00 gtoy? 00 a> aNi C> 51 U a a? v cn r- Z OO o '?H Q w o a?ti',n W4t U w U r C a i,j LL LJ - ?0~ M h ?R3 a w 0 G° '4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JOSEPH S RUDA I Chapter 13 Case No.: 1-06-bk-01882/MDF Debtor(s) ORDER DISMISSING CASE Upon consideration of DEBTOR'S MOTION TO WITHDRAV\I/DISMISS, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the C OM4. Ban Iupt "Judcle (JDK) ^,i..,, s tP't ¢ ' tl-o1^ J' ' ix ar:.;x Sib+d or ..,'2e ? u me ?L7 r. Dated: March 14, 2008 41,D-A-DISMISS2MPT REV 6'05 Richard M. Squire & Associates, LLC Bv: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D, Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 WM Specialty Mortgage LLC, Without Recourse. PLAINTIFF, X. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 945 Doubling Gap Road, NewA ille. PA 17241: Name and last known address of Owner(s) or Reputed Owner(s): Joseph Ruda, a/k/a Joseph S. Ruda, 65 Derbyshire Drive, Carlisle, PA 17013 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 Almeda May Ruda, 945 Doubling Gap Road, Newville, PA 17241 2. Name and last known address of Defendant(s) in the judgment: Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newrville, PA 17241 3. Name and last known address of every judgment creditor whose judgment: is a record lien on the real property to be sold: Ronald Tomasko Joyce Tomasko The Patriot News 6 Cedar Road Carlisle. PA 17013 812 Market Street Harrisburg, PA 17105 F Clients?AmeriquestVR.ida1WRITMay.2008,Apd Adams and Adams 4 5 6 Adams and Gardner M&T Bank John Spayd R.H. Donnelly Publishing Colby McCarron Metlife Auto and Home Insurance Richard A. Manley, Jr. WM Specialty Mortgage, LLC C/o David A. Baric, Esquire O'Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 C/o David A. Baric, Esquire O"Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 P.O. Box 840 Buffalo, NY 14240 209 Meadow Lane Mechanicsburg.. PA 17055 1615 Bluff City Highway Bristole, TN 37620 106 East Springville Road Boiling Springs, PA 17007 P.O. Box 668 Warwick, RI 02887 P.O. Box 668 Warwick. RI 02887 10801 6th Street, Suite 130 Rancho Cucamonga.. CA 91730 Name and address of last recorded holder of every mortgage of record: Ameriquest Mortgage Company 10801 6" Street, Suite 130 Rancho Cucamonga, CA 91730 Name and address of every other person who has any record lien on the property: None Other Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 F Ctients\.4menquest\Ruda\WRl'T.May.200&vvpd Department of Public Welfare Atti : Legal Department Domestic Relations Section Court of Common Pleas Tax Claim Bureau Cumberland County Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105-2675 P.O. Box 320 Carlisle. PA 17013-3387 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 945 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank 7610 West Washington Street c/o National Subpoena Processing Mail Code IN 1-4054 Indianapolis. Indiana 46231 Chase Manhattan Mortgage Corp. P.O. Box 47020 Atlanta, GA 30362-0020 J.P. Morgan Chase Bank 270 Park Avenue New York., NY 10017-2070 Manufacturers & Traders Trust P.O. Box 840 Company t/a M&T Bank Buffalo, NY 14240-0840 Lower Mifflin Township 1101 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank f/k/a Bank One 7610 West Washington Street c,,o National Subpoena Processing Mail Code IN1-4054 Indianapolis, Indiana 46231 J.P. Morgan Chase Bank f/k/a Bank One 270 Park Avenue New York. NY 10017-2070 Almeda May Ruda 945 Doubling Gap Road Newwille, PA 17241 F ,Clients,,Ameriquest\RudayWRI'F May, 2008.wpd IV VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC By: - Troy Freedman, Esquire 115 West Avenue. Suite 104 Jenkintown. PA 19046 Attorneys for Plaintiff Date: May 20.2008 G `.CGcnts\Ameriquest'Ruda WRIT.May.2008,Apd Richard M. Squire, Esquire M. Trov Freedman, Esquire I.D. No, 04267/85165 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attornevs for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, v. Joseph Ruda Terri I,. Ruda 945 Doubling Gap Road Neiwille. PA 17241 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION OF NON-MILITARY SERVICE M. Troy Freedman, Esquire, hereby verifies that he is one of the attorneys for the Plaintiff in the above-captioned matter, and that on information and belief, he has .knowledge of the following facts, to wit: (a) that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that Defendants are over 18 years of age. Defendant, Terri L. Ruda resides at 945 Doubling Gap Road, Newville, PA 17241 and Defendant, Joseph Ruda, resides at 65 Derbyshire Drive, Carlisle, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section. 4904 relating to unsworn falsification to authorities. Dated: May 20, 2008 M. Troy Freedman, Esquire Attorney for Plaintiff F 'Clients,Amr;riquest?Ruda'?VJRfT_Ma}. 2008.wpdBC Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. No. 04267/85165 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown. Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF. N. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17 241 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY., PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT OF LAST KNOWN ADDRESSES I. M. Troy Freedman, Esquire, being duly sworn according to law, hereby depose and say that I am one of the attorneys for Plaintiff in the above matter and that the last known address for the Defendants herein is as follows: Defendants: Terri L. Ruda Joseph Ruda 945 Doubling Gap Road 65 Derbyshire Drive New ville, PA 17241 Carlisle, PA 17013 Date: May 20, 2008 roFreedman, Esquire for Plain Xommey tiff f F'Client?\Ameriquest?Ruda',?NRI7.May, 2008 wpdBC Richard M. Squire & Associates, LLC Attorneys for Plaintiff By Richard IV[. Squire, Esquire M. Troy Freedman, Esquire 1D. Nos. 04267 / 85165 One Jenkintown Station. Suite 104 115 West Avenue Jenkintown. Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attornevs for Plaintiff WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. Joseph Ruda NO. 05-806 Terri L. Ruda 945 Doubling Gap Road CIVIL ACTION Newville, PA 17241 DEFENDANTS. CERTIFICATION M. Troy Freedman, 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 Pa. C.S. Section 4904 relating to uns\A,,om falsification to authorities. M roy Freedman. Esquire homey for Plaintiff Richard M. Squire & Associates, LLC Attorneys for Plaintiff' By: Richard TO. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown. Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without IN THE COURT OF COMMON PLEAS Recourse CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE Date: May 20. 2008 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Joseph Ruda a/k/a Joseph S. Ruda and Terri L. Ruda and Almeda May Ruda PROPERTY: 945 Doubling Gap Road Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday September 3, 2008 at 10:00 am, at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 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. Richard M. Squire, Esquire M. Troy Freedman, Esquire L D. No. 04267/85165 Richard M. Squire & Associates, LLC One Jenkintown Station. Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attornevs for Plaintiff AIM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joseph Ruda a/k/a Joseph S. Ruda 65 Derbyshire Drive Carlisle. PA 17013 Your house (real estate) at 945 Doubling Gap Road, Newville., PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, September 3, 2008 at 10:00am, at the Cumberland County Courthouse, I Courthouse Square. Carlisle, PA 17013 to enforce the courtjudgment of S142.41 832 plus interest to the sale date obtained by WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire and M. Troy Freedman, Esquire at (215) 886-8790. 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. F Clients .Ameriquest\R_ida,\N'RI'T.May. 2008.wpdBC W You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one. the more chance you will have of stopping the sale. (See notice below 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. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 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 no later than 30 days after the Sheriff's Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 r'Clients',Ameriquest'Rudav"'RIT.Mav_ 2008.wpdBC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COLFNTY OF CUMBERLAND) NO 05-806 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due 'AM SPECIALTY MORTGAGE LLC, without recourse Plaintiff (s) From JOSEPH RUDA and TERRI L. RUDA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. \Mount Due $142,418.32 L.L. Interest from 6/2.3/05 to 9/03/08 a) $37.89 per diem -- $44,255.52 *plus fees and costs AM 'S Comm Atty Paid S738.69 Plaintiff Paid Date: 5/21/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Prothonotar By: Name: M TROY FREEDMAN, ESQUIRE Address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8791 Deputy Supreme Court ID Vo. 85165 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION 945 Doubling Gap Road •. MORTGAGE FORECLOSURE Newville, PA 17241 DEFENDANTS. PRAECIPE TO ISSUE WRIT OF EXECUTION To the Prothonotary: (Mortgage Foreclosure) Issue Writ of Execution in the above matter. Amount Due $142,418.32 Interest From 06/23/2005 to 9/3/2008 $ 44.255.52 @ $37.89 per diem $186,673.84 * plus fees and costs Dated: May 20, 2008 ?Nt'Troy Freedman, Esquire Attorney for Plaintiff(s) d ,s. 110 0 O0 0 0 z Q Z o Q> Ya ? 0?3 ? a U 4. O??a O U C") f.i z 0 WU w O ? H ? o w CIS 00 a ? b U w a a ?o 0 "0 1#0 ?o N \ / V I t 4j \ \ ' f A v M V W V 1-0 C> tr) O z 6 oz o Wa? 0?3 Ltr ? ? ~ ?a x? Al cc r_ c r) ::J L tT a z O H U w b ? o Q U 00 U a ?J ? l r i r `6 y, , vl ?? 00 00 W.o a! • T ?? i! 4' C"9 E Qr i V) L1 O ? . r3 G w b66 co, °3Oo 00 < 4 00 U O e . a ? I i M vl C.1 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 WM Specialty Mortgage LLC, Without IN THE COURT OF COMMON PLEAS Recourse, PLAINTIFF, V. CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-806 Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241, DEFENDANTS. CIVIL ACTION MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 945 Doubling Gap Road, Newville, PA 17241: 1. Name and last known address of Owner(s) or Reputed Owner(s): Joseph Ruda, a/k/a Joseph S. Ruda, 65 Derbyshire Drive, Carlisle, PA 17013 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 Almeda May Ruda, 945 Doubling Gap Road, Newville, PA 17241 2. Name and last known address of Defendant(s) in the judgment: Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Ronald Tomasko Joyce Tomasko The Patriot News 6 Cedar Road Carlisle, PA 17013 812 Market Street Harrisburg, PA 17105 F:\Clients\Ame iquest\Ruda\XVTJT.May, 2008.wpd f ' 1 , 4. 5 Adams and Adams Adams and Gardner M&T Bank John Spayd R.H. Donnelly Publishing Colby McCarren Metlife Auto and Home Insurance Richard A. Manley, Jr. C/o David A. Baric, Esquire O'Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 C/o David A. Baric, Esquire O'Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 P.O. Box 840 Buffalo, NY 14240 209 Meadow Lane Mechanicsburg, PA 17055 1615 Bluff City Highway Bristole, TN 37620 106 East Springville Road Boiling Springs, PA 17007 P.O. Box 668 Warwick, RI 02887 P.O. Box 668 Warwick, RI 02887 WM Specialty Mortgage, LLC 10801 6t' Street, Suite 130 Rancho Cucamonga, CA 91730 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3323 Dauphin County Court of Common Pleas Front & Market Streets Harrisburg, PA 17101 Name and address of last recorded holder of every mortgage of record: Ameriquest Mortgage Company 10801 6t" Street, Suite 130 Rancho Cucamonga, CA 91730 Name and address of every other person who has any record lien on the property: None Other 6. Name and address of every other person who has any record interest in the property and F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance PO Box 281230 Department of Public Welfare Attn : Legal Department Domestic Relations Section Court of Common Pleas Tax Claim Bureau Cumberland County Harrisburg, PA 17128-1230 Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 P.O. Box 320 Carlisle, PA 17013-3387 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 945 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank 7610 West Washington Street c/o National Subpoena Processing Mail Code IN1-4054 Indianapolis, Indiana 46231 Chase Manhattan Mortgage Corp. P.O. Box 47020 Atlanta, GA 30362-0020 J.P. Morgan Chase Bank 270 Park Avenue New York, NY 10017-2070 Manufacturers & Traders Trust P.O. Box 840 Company t/a M&T Bank Buffalo, NY 14240-0840 Lower Mifflin Township 1101 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank f/k/a Bank One 7610 West Washington Street c/o National Subpoena Processing Mail Code IN1-4054 Indianapolis, Indiana 46231 J.P. Morgan Chase Bank f/k/a Bank One 270 Park Avenue New York, NY 10017-2070 Almeda May Ruda 945 Doubling Gap Road Newville, PA 17241 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd S ? Stan Hye 1803 Centerville Road Newville, PA 17241 Mary Nye Patricia M. Meixner Jocelyn M. Belanger Robin A. Belanger Stanley R. Howell Cumberland County Solicitor Dauphin County Solicitor 1803 Centerville Road Newville, PA 17241 14 Briarly Drive Carlisle, PA 17013 265 Chestnut Drive Shippensburg, PA 17257-9491 265 Chestnut Drive Shippensburg, PA 17257-9491 1221 State Road Duncannon, PA 17020 1 Courthouse Square Carlisle, PA 17013-3323 Dauphin County Administration Building 2 South 2nd Street, 4th Floor Harrisburg, PA 17101 VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Richard M. Squire & Associates, LLC Date: June 2, 2008 By: M. Troy Freedman, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 Attorneys for Plaintiff F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd ? ? ,? c?.j t- "P` ``"- ? wx ? ..{ ? ?? Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 WM Specialty Mortgage LLC, Without Recourse, PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241, DEFENDANTS. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE SECOND AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 945 Doubling Gap Road, Newville, PA 17241: Name and last known address of Owner(s) or Reputed Owner(s): Joseph Ruda, a/k/a Joseph S. Ruda, 65 Derbyshire Drive, Carlisle, PA 17013 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 Almeda May Ruda, 945 Doubling Gap Road, Newville, PA 17241 2. Name and last known address of Defendant(s) in the judgment: Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Ronald Tomasko & Joyce Tomasko 6 Cedar Road Carlisle, PA 17013 Ronald Tomasko & Joyce Tomasko 337 West Meadow Drive Mechanicsburg, PA 17055 F:\Clients\Ameriyuest\Ruda\WRIT.May, 2008.wpd i The Patriot News 812 Market Street Harrisburg, PA 17105 Adams and Adams C/o David A. Baric, Esquire O'Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 Adams and Gardner C/o David A. Baric, Esquire O'Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 M&T Bank P.O. Box 840 Buffalo, NY 14240 John Spayd 209 Meadow Lane Mechanicsburg, PA 17055 R.H. Donnelly Publishing 1615 Bluff City Highway Bristole, TN 37620 Colby McCarren 106 East Springville Road Boiling Springs, PA 17007 Metlife Auto and Home Insurance P.O. Box 668 Warwick, RI 02887 Richard A. Manley, Jr. P.O. Box 668 Warwick, RI 02887 WM Specialty Mortgage, LLC 10801 6t'' Street, Suite 130 Rancho Cucamonga, CA 91730 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3323 Dauphin County Court of Common Pleas Front & Market Streets Harrisburg, PA 17101 4. Name and address of last recorded holder of every mortgage of record: Ameriquest Mortgage Company 10801 6th Street,, Suite 130 Rancho Cucamonga, CA 91730 5. Name and address of every other person who has any record lien on the property: F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd None Other 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: PA Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Domestic Relations Section Court of Common Pleas Tax Claim Bureau Cumberland County Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 P.O. Box 320 Carlisle, PA 17013-3387 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 945 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank 7610 West Washington Street c/o National Subpoena Processing Mail Code IN1-4054 Indianapolis, Indiana 46231 Chase Manhattan Mortgage Corp. P.O. Box 47020 Atlanta, GA 30362-0020 J.P. Morgan Chase Bank 270 Park Avenue New York, NY 10017-2070 Manufacturers & Traders Trust P.O. Box 840 Company t/a M&T Bank Buffalo, NY 14240-0840 Lower Mifflin Township 1101 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank f/k/a Bank One 7610 West Washington Street c/o National Subpoena Processing Mail Code IN 1-4054 Indianapolis, Indiana 46231 J.P. Morgan Chase Bank f/k/a Bank One 270 Park Avenue New York, NY 10017-2070 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd Almeda May Ruda 945 Doubling Gap Road Newville, PA 17241 Stan Hye 1803 Centerville Road Newville, PA 17241 Mary Nye 1803 Centerville Road Newville, PA 17241 Patricia M. Meixner 14 Briarly Drive Carlisle, PA 17013 Jocelyn M. Belanger 265 Chestnut Drive Shippensburg, PA 17257-9491 Robin A. Belanger 265 Chestnut Drive Shippensburg, PA 17257-9491 Stanley R. Howell 1221 State Road Duncannon, PA 17020 Cumberland County Solicitor 1 Courthouse Square Carlisle, PA 17013-3323 Dauphin County Solicitor Dauphin County Administration Building 2 South 2" Street, 4th Floor Harrisburg, PA 17101 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC By: roy Freedman, Esquire We st Avenue, Suite 104 r_?T Jnkintown, PA 19046 Attorneys for Plaintiff Date: July 17, 2008 F:\Clients\Ameriquest\Ruda\wRIT.May, 2008.wpd CM> s I Y _., C C z-Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WM SPECIALTY MTG LLC is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 21 ST day of MAY, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 806, at the suit of WM SPECIALTY MTG LLC against JOSEPH RUDA & TERRI L RUDA is duly recorded as Instrument Number 200836342. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ffUy , A.D. 20-V Recorder of Deeds Air d 03.da, Cumb.'%W County. Carla, PA M'.ion EWIN OW Firer Monday, of An. 2010 WM Specialty Mortgage, LLC without recourse In the Court of Common Pleas of VS Cumberland County, Pennsylvania Joseph Ruda and Terri L. Ruda Writ No. 2005-806 Civil Term Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2008 at 0900 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Almeda May Ruda, joint tenant, by making known unto Almeda Ruda personally, at 100 Pearl Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 17, 2008 at 1646 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph Ruda and Terri L. Ruda located at 945 Doubling Gap Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Almeda May Ruda, joint tenant, by regular mail to her last known address of 100 Pearl Drive, Carlisle, PA 17013. These letters were mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Richard M. Squire, on behalf of WM Specialty Mortgage LLC. It being the highest bid and best price received for the same, WM Specialty Mortgage LLC, of c/o CITI Residential Lending Inc., 10801 E. 6th Street, Rancho Cucamonga, CA 91730-5977, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $919.93. Sheriffs Costs: Docketing $30.00 Poundage 17.86 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 17.00 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 272.93 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $ 919.93 1I //3 f b b'' a. ot) % U-0 ,44 ?? 4 ?Iq U Answgrs: R. Thomas Kline, Sheriff BY h?l Real Estate ergeant so t Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 WM Specialty Mortgage LLC, Without Recourse, PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241, DEFENDANTS. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 945 Doubling Gap Road, Newville, PA 17241: 1. Name and last known address of Owner(s) or Reputed Owner(s): Joseph Ruda, a/k/a Joseph S. Ruda, 65 Derbyshire Drive, Carlisle, PA 17013 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 Almeda May Ruda, 945 Doubling Gap Road, Newville, PA 17241 2. Name and last known address of Defendant(s) in the judgment: Joseph Ruda, 945 Doubling Gap Road, Newville, PA 17241 Terri L. Ruda, 945 Doubling Gap Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Ronald Tomasko Joyce Tomasko The Patriot News 6 Cedar Road Carlisle, PA 17013 812 Market Street Harrisburg, PA 17105 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd A Adams and Adams C/o David A. Baric, Esquire O'Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 Adams and Gardner C/o David A. Baric, Esquire O'Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 M&T Bank P.O. Box 840 Buffalo, NY 14240 John Spayd 209 Meadow Lane Mechanicsburg, PA 17055 R.H. Donnelly Publishing 1615 Bluff City Highway Bristole, TN 37620 Colby McCarren 106 East Springville Road Boiling Springs, PA 17007 Metlife Auto and Home Insurance P.O. Box 668 Warwick, RI 02887 Richard A. Manley, Jr. P.O. Box 668 Warwick, RI 02887 WM Specialty Mortgage, LLC 10801 6th Street, Suite 130 Rancho Cucamonga, CA 91730 4. Name and address of last recorded holder of every mortgage of record: Ameriquest Mortgage Company 108016 1h Street, Suite 130 Rancho Cucamonga, CA 91730 5. Name and address of every other person who has any record lien on the property: None Other 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: PA Department of Revenue Harrisburg, PA 17128-1230 Bureau of Compliance PO Box 281230 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd w r Department of Public Welfare Attn : Legal Department Domestic Relations Section Court of Common Pleas Tax Claim Bureau Cumberland County Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 P.O. Box 320 Carlisle, PA 17013-3387 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 945 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank 7610 West Washington Street c/o National Subpoena Processing Mail Code IN1-4054 Indianapolis, Indiana 46231 Chase Manhattan Mortgage Corp. P.O. Box 47020 Atlanta, GA 30362-0020 J.P. Morgan Chase Bank 270 Park Avenue New York, NY 10017-2070 Manufacturers & Traders Trust P.O. Box 840 Company t/a M&T Bank Buffalo, NY 14240-0840 Lower Mifflin Township 1101 Doubling Gap Road Newville, PA 17241 J.P. Morgan Chase Bank f/k/a Bank One 7610 West Washington Street c/o National Subpoena Processing Mail Code IN 1-4054 Indianapolis, Indiana 46231 J.P. Morgan Chase Bank f/k/a Bank One 270 Park Avenue New York, NY 10017-2070 Almeda May Ruda 945 Doubling Gap Road Newville, PA 17241 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpd .. .vft' Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. No. 04267/85165 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Almeda May Ruda 945 Doubling Gap Road Newville, PA 17241 Your house (real estate) at 945 Doubling Gap Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, September 3, 2008 at 10:00am, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the courtjudgment of $142,418.32 plus interest to the sale date obtained by WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire and M. Troy Freedman, Esquire at (215) 886-8790. 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 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpdBC the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpdBC Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. No. 04267/85165 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joseph Ruda a/k/a Joseph S. Ruda 65 Derbyshire Drive Carlisle, PA 17013 Your house (real estate) at 945 Doubling Gap Road, Newville, PA 17241 is scheduled to be sold at Sheriff s Sale on Wednesday, September 3, 2008 at 10:00am, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the courtjudgment of $142,418.32 plus interest to the sale date obtained by WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire and M. Troy Freedman, Esquire at (215) 886-8790. 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. F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpdBC 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpdBC d a Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. No. 04267/85165 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, V. Joseph Ruda Terri L. Ruda 945 Doubling Gap Road Newville, PA 17241 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-806 € CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Terri L Ruda 945 Doubling Gap Road Newville, PA 17241 Your house (real estate) at 945 Doubling Gap Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday September 3, 2008 at 10:00 am at Cumberland County Courthouse, Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $142,418.32 plus interest to the sale date obtained by WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. F:\Clients\Ameriquest\Ruda\WRIT.May, 2008.wpdBC 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 be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Ruda\WffiT.May, 2008.wpdBC LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground, with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the public road leading from Newville to Doubling Gap; thence by the center of the above state public road, North Forty-three (43) degrees West, a distance of Five Hundred (500) feet to a point; thence along other lands now or late of John H. Clouse, the following courses and distances: (1) North Forty-seven (47) degrees East, a distance of Four Hundred (400) feet to a stake; (2) South Forth-three degrees East, a distance of Six Hundred (600) feet to a stake; (3) South Sixty-One (61) degrees Thirty (30) minutes East, a distance of Four Hundred Fifteen (415) feet to a post in the center of the public road leading from Newville to Doubling Gap, THE PLACE OF BEGINNING. Parcel No. 15-04-0391-019 Property known as 945 Doubling Gap Road, Newville, PA 17241. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COjTNTY OF CUMBERLAND) NO 05-806 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, without recourse Plaintiff (s) From JOSEPH RUDA and TERRI L. RUDA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,418.32 L.L. Interest from 6/23/05 to 9/03/08 @ $37.89 per diem - $44,255.52 *plus fees and costs Atty's Comm % Due Prothy $2.00 Atty Paid $738.69 Other Costs Plaintiff Paid Date: 5/21/08 7)h rothonota (Seal) By: Deputy REQUESTING PARTY: Name: M TROY FREEDMAN, ESQUIRE Address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8791 Supreme Court ID No. 85165 Real Estate Sale #50 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA Known and numbered as 945 Doubling Gap Rd., Newville more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 29, 2008 By: ' ° h,-th Real E to Sergeant 9E :8 b EZ AVW 9601 Vol `A3 ftis . 3AI2 3HS -I"L _ - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 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. Coyne, SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Nolary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 VA"16 neWs iii. X. iO Writ No. 2005-806 Civil WM Specialty Mortgage, LLC without recourse vs. Joseph Ruda and Terri L. Ruda Atty.: M. Troy Freedman LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground, with the improve- ments thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the cen- ter of the public road leading from Newville to Doubling Gap; thence by the center of the above state public road, North Forty-three (43) degrees West, a distance of Five Hundred (500) feet to a point; thence along other lands now or late of John H. Clouse, the following courses and distances: (1) North Forty-seven (47) degrees East, a distance of Four Hun- dred (400) feet to a stake; (2) South Forth-three degrees East, a distance of Six Hundred (600) feet to a stake; (3) South Sixty-One (61) degrees Thirty (30) minutes East, a distance of Four Hundred Fifteen (415) feet to a post in the center of the public road leading from Newville to Doubling Gap, THE PLACE OF BEGINNING. Parcel No. 15-04-0391-019. Property known as 945 Doubling Gap Road, Newville, PA 17241. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4ePahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 A.D. -NWEAL'rH OF PENNSYLVANIA Notarial Seal Sherds L ftw, Notary Pubk MY Cwvr"M E*i Nov. 2 p 1 Member, Pennsylvania Assodatbn of Notaries Real Estate Sale No. 50 Writ No. 2005-806 Civil Term WM Specialty Mortgage, LLC without recourse VS Joseph Ruda and Terri L. Ruda Attorney M. Troy Freedman LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece.of ground, with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the public road leading from Newville to Doubling Gap; thence by the center of the above state public road, North Forty-three (43) degrees West, a distance of Five Hundred (500) feet to a point; thence along other lands now or late of John H. Clouse, the following courses and distances: (1) North Forty-seven (47) degrees East, a distance of Four Hundred (400) feet to a stake; (2) South Forth-three degrees East, a distance of Six Hundred (600) feet to a stake; (3) South Sixty-One (61) degrees Thirty (30) minutes East, a distance of Four Hundred Fifteen (415) feet to a post in the center of the public road leading from Newville to Doubling Gap, THE PLACE OF BEGINNING. Parcel No. 15-04-0391-019 Property known as 945 Doubling Gap Road, Newville, PA 17241.