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HomeMy WebLinkAbout05-31350. GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A, GOLDBECK, JR. ATTORNEY I.D.#16132 SUITE 50QO - MELLON INDEPENDENCE CENTER 701 MARKET STREET ` PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF M & T BANK StBtM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagors and Real Owners 65 Derbyshire Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term n No. OS- 3135 &v l TC. Defendants NOTICE CIVIL ACTION: MORTGAGE Fr1 ?FFCLOBLP1ih You have been sued in court. If you wish to defend against the c alms set o in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. r a4 +x; '.I1? !) U4 X:I'tt;yAUt'? LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Wi WaCWBERLAND COUNTY BAR ASSOCIATION - 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. ST DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUT ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMATION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, F-STA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ 5N HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD's website www.hud.govfoffices/hsg/sfh/econ/econ.cfm for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number of MT-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M & T BANK S/B/M FARMERS TRUST COMPANY, PO Box 840, Buffalo, NY 14240- 0840. 2. The names and addresses of the Defendants are ALMEDA M. RUDA, 65 Derbyshire Road, Carlisle, PA 17013 and JOSEPH S. RUDA, 65 Derbyshire Road, Carlisle, PA 17013, who are the mortgagors and real owners of the mortgagod premises hereinafter described. 3. On July 08, 1994 mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to M & T BANK SB/M FARMERS TRUST COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1222 Page 539. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A„ 5, The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 08, 2004, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/08/2004 through 06/30/2005 at 4.6590% Per Diem interest rate at $13.00 Reasonable Attorney's Fee If the Mortgage is reinstated prior to a Sheriff's Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance ($5,090.37) in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Late Charges from 11/08/2004 to 06/30/2005 Monthly late charge amount at $53.18 Costs of suit and Title Search Escrow Corporate Advance $101,807.49 $3,445.00 $1,250.00 $425.43 $900.00 $107,827.92 +$2,139.00 +$136.00 $110,102.92 7. Plaintiff is not seeking a judgment of personal liability (or in nersonam judgment) against the Defendants in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The date of the postmark on the Notice was the same as the date of the Notice. The Defendants had tae required face to face meeting within the required time and Plaintiff has been advised that the Defendants filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendants' application has been rejected. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $110,102.92, together with interest at the rate of $13.00, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: /11 ? WR E { McCAFFERTY & McKEEVER BY: 2SEPx A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION i , l I, Diana M. Robinson, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: b - / 6' 0 1 Diana M. Robinson M&T BANK EXHIBIT A QarYOWer: Joseph S. Rude Lender: Fanners Truer Company 916 Doubling Gets Rob Main Office Nountie,PA IM41 one West Fugh street cartels, PA 17013 This ExNblt A IS eaeehed to and by this reference is made a peen 01 each new of Truer or mortgage, Salad July a, 1994, and 0MUted In SSnritellon With a 191111 a other ananCW a000m11190etlsna between Farmere Trust Company and Joseph S. Ruda, ALL TRAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, BEING Lot No. 66 on the Pian of Lots known as "Final Plan for Mayapple Village, Derbyshire Lots 40-73," prepared by Statler-Brehm, Engineering and Planning Consultants, dared January 26, 1989, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 58 page 68. AND BEING more fully described in Deed from Craig E. Dallmeyer to Joseph S. Ruda and Almeda M. Ruda dated May 13, 1994 and recorded in the Office aforesaid in Deed Book 105 page 496. of Pennsylvania "ai1Cj of Curnberland f SS c?ed in the office for the recording of Dares 4,o ,, and j=berland Conwf:G1 ?pa 1 60 Vol, -_pa Carlisle, my hand al '-?of PA this ?A9 Records, THIS EXYgBIT A IS FRECIU oN JULY e,199 r LENDER: Farmers TN tC any BODN1222 PACE 545 Ely: Aulth0rlxe on-? teat U RPRO.RPy.V.a.Pa1.aT,M.o11..Vp.p.if ld l9v LFIROBervker,IM. All rlgnneefyveU.Pk-G1t9UUA1sLrv R.oVLi .I. N?.. ... aM1i{ Eyt hibit B ©M&cMmVge coat? . March 03, 2005 Joseph S Ruda 65 Derbyshire Dr,C Carlisle PA 17013 RE: Homeowner's Name(s): Joseph S Ruda Property Address: 65 Derbyshire Dr Carlis Carlisle PA 17013 Loan Acct.No.c 0009789090 Curent Lender/ Servicer: M&T Mortgage Corporation 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 1983 (THE "ACT"), YOU MAY BE ELIGIBILE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND " IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for rhirty (30) days form the date of this Notice. During this 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 MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agenices listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in 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, 1 BOO x141633 . Coneapondence - PO. Box 840, auRalo, NY 14240-0840 • Payments- PD. Bas 62182 aaltim m. MD 21264-2182 Mortga9a account inlomratiort, junta clink away Www.m.rd1maftga90x= ©M&TMoMAe Corporation , A$aMl'Jlflryd Mti Pprk March 03, 2005 Joseph S Ruda PO Box 866 Carlisle, PA 17013 0866, RE: Homeowner's Name(s): Joseph S Ruda Property Address: 65 Derbyshire Dr Carlis Carlisle PA 17013 Loan Acct.No.: 0009789090 Curent Lender/ Servicer: M&T Mortgage Corporation 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 1983 (THE "ACT"), YOU MAY BE ELIGIEILE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days form the date of this Notice. During this 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 MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agenices listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this Notice. It in only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is jr, 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, 1 W0724 1633 • Corresponeance - P.O. 9oa 860, BUIkdlu, NY 16240-0840 • Payments- P.O. 0oX 82182. Hallimore, MO 21264-2182 Mortgage aCcOunNn/oaic& .. just a click away. wwa.mpndVnprtgaga.com ©MaTMortgage Corporation you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling atjenoies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submittinq 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 POMPTLY. IF YOU FAIL TO DO 50 OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be.disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has (60) days to make a decision after it -receive s. your application. During that time, no foreclosure proceedings will be pursued against you if 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. NOTE: YO CURRENTLY E BY HE 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 held by the above lender on your property located at: 65 Derbyshire Or Carlis Carlisle PA 17013 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regular monthly payments of $ 1063.66 for the months of 11-08-04 through today's date. other charges: Accrued late charges:$ 438.00 Accrued other fees: $ 18.00 TOTAL AMOUNT PAST DUE: $ 4710.64 CL 9s0 1 NO 7241693 • Cm esOanoeoe&- P.O. Bart a4B, BuBelo, NY 14240-0040 • Payments- P.O. am 62102, Baltimore, MD 2 1 284-21 82 Mengage account information, just 0 Eck away. w mard~gage.coln ?SUpsa ,.Wte HOW To CURE THE DEFAULT -- You 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 I5 $ 4710.64, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY 9CRTOD.. Payments must be made by cash, cashier's check, certified check or money order made payable and sent to: M&T Mortgage Corporation P.O. Box 62182 Attn: Payment Processing Baltimore, MD 21264-2182 You can cure any other default by taking the following action within THIRTY (30) Days of the date of this letter: 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. considered due immediately and you may lose the chance to pay the mortgage in monthly. installments. if full payment of the total - amount past due is not made within THIRTY (30) DAYS, the lender- - also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. 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 costs. 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 your personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT To CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale, You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 1 600 724 1809 • Corre pm saw-Pp . 6W 840, 803kI, NY 14240-0840 • Psyments- P.O. Box 82182. Habimore, Mn 21264.2182 M049age ecrounf infurmali0n, just a ctbk away. www.mandtmon0age.com ©M&T Mortgage Carpom ion . asuMaiandixr6.* EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you bef%re the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Mortgage Corporation Address: P.O. BOX 840 Buffalo, NY 14240 Phone Number: 800-724-1633 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuitto remove you and your furnishings and - other belongings could be started by the lender.at any time... ASSUMPTION OF MORTGAGE - You may or XX may not sell or transfer your home to aJSuyer 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: * 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 OCCURED,IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, CL 95b Carol Schmidt Ent: 41 1 800 924 1633 • Carrespontlenca -P.O. Boa W. euflalo. NY 14240-0840 • Payment - P.o. Box 82182, aalamore, MD 25264-21N2 Mortgage accoum lnlormaHon, just a click away www.mand"m gage.wm A4J( CUMBERLAND COUNTY HEMAP Counseling Agency List as of 412812003 Adams County Housing Authority, r 139443 Carlisle St. Gettysburg, PA 17325 (717) 3341518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 - - Loveshlp. Inc. - - - 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762.3285 PHFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N. 61h Street Harrisburg, PA 17101 (717) 234-5925 APR.20.2005 4:26PM © Mff Mortgage QxporWon A $0361CII& y "t M61• Bank April 20, 2005 Almeda M Ruda 65 Derbyshire Dr Carlisle PA 17013 RE: Homeowner's Name(s): Property Address: Loan Acct.No.1 Curent Lender/ Servicer: Joseph S Ruda Almeda M Ruda 65 Derbyshire Dr Carlisle PA 17013 0009789090 M&T Mortgage Corporation N0.6185 P. 9/14 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 1983 (THE "ACT"), YOU MAY BE ELIGIBILE FOR EMERGENCY MORTGAGE ASSISTANCE- • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days form the date of this Notice. During this 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 MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit'NO counseling agencces listed at.,t?ie end bf.this'notice, the lender may T take adtion ag&ilnst you for thirty (30,) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in 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, 1 600 724 1633 • ConWpondence - P.O. Box 040, Buffalo, NY 14240-0840 • Payments- P.O. BOX 82182, Battunore, MD 21264-2182 Mortgage account InlormaLon,just aclick away. www.mandtmrtgage.com A?N. 20. 2005 ©Mff Mortgage Cmporal=ion A9"duwyc1M&7B" Homeowner Ia Name(s): Almeda M Ruda PO Sox 866 Carlisle, PA 17013 0866 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 1983 (THE "ACT"), YOU MAY BE ELIGIBILE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING A13LE TO PAY YOUR MORTGAGE PAYMENTS,AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days form the date of this Notice. During this 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 MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS NOW TO BRING YOUR MORTGAGE UP TO DATE. 25PM 2005 Property Address: Loan Acct.No.: Lender/ Servicer: Joseph S Ruda Almeda M Ruda 65 Derbyshire Dr Carlisle PA 17013 0009789090 M&T Mortgage Corporation NO-6185 P. 3/14 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CREDIT COUNSELING AGENCIES -- If you meet with.one,of the credit counseling ageniies listed, t the phd of, this notice, ler may NOT take action against you or'thirty (30) days :e date of this meeting, The names, addresses and telephone of designated consumer credit counseling agencies for the in which the property is located are set forth at the end Notice. It is only neceeeary to schedule one face-to-face Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in 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, 1 600 724 1633 • Correspondence - P.O. Box e40, auffdlo, NY 14240-0040 • PayinaMS- P.O. Box 62182, Sattimore, MD 21264.2132 Mortgage account informawn, just a oiiokaway. www.mandtmortgage.oom ,4NR.20.2005 4:25PM © Mff MorWage Corporation A Subsidiary of W Bank NO, 6185 P. 4/14 you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill 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-Pace meeting. a YOU MUST FILE YOUR APPLICATION POMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENTED. 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 (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. O F Y U ARE C LY PROTECT B THE FILING OF A PE TON 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 CURB YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 65 Derbyshire Dr Carlisle PA 17013 is SERIOUSLY IN DEFAULT because; YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regular monthly payments of $ 1063.66 for the months of 11-08-04 through today's date. other charges: Accrued late charges:$ 477.82 Accrued other fees: $ 27.00 TOTAL AMOUNT PAST DUE: $ 6886.78 CL 952 1 800 724 1633 • co respondenw - P, o, Box "0, Buffalo, NY 14240-0840 • Payments- P.O. Box 62162, Baltimore, MD 212642182 MwVaga a=unti?formation, just a click away. www.mandlmortgage.oom APR.20.2005 4:25PM N0-61E P. 5/14 ©Mff Mortgage Corporation A&bftrWyQ1W8a* HOW TO CURE THE DEFAULT -- You 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 $ 6886.78, PLUS ANY MORTGAGE PAYMENTS ANn tATF CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made by cash, cashier's check, certified check or money order made payable and sent to: M&T Mortgage Corporation P.O. Box 62182 Attn: Payment Processing Baltimore, MD 21264-2182 You can cure any other default by taking the following action within THIRTY (30) Days of the date of this letter: 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. considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FOR8CLOSED 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 costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMED18S -- The lender may also sue your personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE =- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 1 800 724 1633 • Correspondence - P.O. Box 840, Buffab, NY 14240.0840 • Payments- P.O. Box 62182, Baltimore, MD 21284.2182 Mortgageaccountintomratlo17,/ustac4ckaway. www.mandtMortgage.com APR.20.2005 4:26PM © Me Mortgage Corp wat ion A SubWdlwyof WT Banc NO. 6185 P. 6/14 EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notiCe'of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Mortgage Corporation Addresst P.O. Box 84o Buffalo, NY 14240 Phone Number- 800-724-1633 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or XX may not sell or transfer your home to a-uyer or translferee 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.- 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 OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, Sincerely, Carol Schmidt Enc: 41 CL 955 1 800 724 1638 • correspondence- P.O. Box 840. Buffalo, NY 14240-0840 • Payments- P.O. Box 62182, Balf ora, MD 21264-2182 Mortgage account intarmation, just a click away www.mandtmortgage-oom APR.20.2005 4:26PM NO, 6185 P. 7/14 , . IUMBERLAND COUNTY HEMAP Counseling Agency List as of 412812003 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 .CCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community, Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232.9757 Lfweship, Inc. 2320 North 5th Street 4arrisburg, PA 17110 '717) 2322207 "Iaranatha 13 Philadelphia Avenue `Vaynesboro, PA 17268 717) 762-3285 T,' ' FA 7101 North Front Street Harrisburg, PA 17110 "00342-2397 )rjan League of Metropolitan Hbg ?107 N. 6th Street 'i9rrisburg, PA 17101 7) 234,5925 i. i ;i ._ APR.20.2005 4:26PM NO. 6185 P. 8/14 Date: "' ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE' the attached naves. Take this Notice with you when you meet with the Counseling Ageucv. LA NOTIIICACION EN ADJUNTO ES DE SUMA IMPOILTAlYCIA, YUE5, AFECTA 51! DE t CMb A"CONTINUAL [fIVIE1?1D0 EN SU CASA. Si NO COMPLENDE EL CONTENIDO DE ESTA NOTINCACION OBTENGA UNA TRADUCCION I v c j siv cRas Nu o?iio?v 'a PUEDES SER ELEGIBLE PARA UN PRESTAMO POR 9L PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. T:> P C ' U\ eq W S t? _; o O SHERIFF'S RETURN - REGULAR CASE NO: 2005-03135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T VS ALMEDA M ET AL KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUDA ALMEDA M the DEFENDANT at 1907:00 HOURS, on the 21st day of June , 2005 at 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 by handing to ALMEDA RUDA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this ,i to day of 2(?6 A. D. rothonotary So Answers: R. Thomas Kline 06/22/2005 GOLD13ECK MCCAFFERTY MCKEEEEVER By: /a?, Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS RUDA ALMEDA M ET AL KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUDA JOSEPH S the DEFENDANT at 1915:00 HOURS, on the 21st day of June , 2005 at 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 _ by handing to JOSEPH S RUDA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ?w day of BOO} A.D. l rotho ota, r So Answers: R. Thomas Kline j 06/22/2005 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sheriff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK SB(M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County ALMEDA M. RUDA JOSEPH S. RUDA (Mortgagor(s) and Record owner(s)) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) ORDER FOR JUDGMENT No. Oa'3135-CIVIL Please enter Judgment in favor of M & T BANK S/B/M FARMERS TRUST COMPANY, and against ALMEDA M. RUDA and JOSEPH S. RUDA for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $110,481.10. I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 and that the name(s) and last known address(es) of the Defendant(s) is/are ALMEDA M. RUDA, 65 Derbyshire Road Carlisle, PA 17013 and JOSEPH S. RUDA, 65 Derbyshire )pad Carlisle, PA 17013; it n CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE 3h A. Goldbeck, Jr. for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $101,807.49 Interest from 10/08/2004 through $3,770.00 07/25/2005 Reasonable Attorney's Fee $1,250.00 Late Charges $478.61 Costs of Suit and Title Search $900.00 Escrow $2,139.00 Corporate Advance $136.00 $110,481.10 qK McCAFFERTY p A. Goldbeck, Jr. for Plaintiff AND NOW, this 14 S day of , 2005 damages are assessed as above. Pro Prothy <? ?? u? 'il , .? , _ _ i.: T ^n ,?i-: c.. t? _ --.U G` '; r VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ALMEDA M. RUDA, is about unknown years of age, that Defendant's last known residence is 65 Derbyshire Road, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: }Vslo?_ ?` ? `7 r"'? . ?{ .'.. ? ?f}? . ` _ ? \?l ` Lei ?.. ?.? a ` ?`, VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JOSEPH S. RUDA, is about unknown years of age, that Defendant's last known residence is 65 Derbyshire Road, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments- Date: ?1140j f ? r> c-o iJ l:J In the Court of Common Pleas of Cumberland Cumberland County M & T BANK S/BIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA / (Mortgagor(s) and Record Owner(s)) No. 0$-3135-CIVIL 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against ALMEDA M. RUDA and JOSEPH S. RUDA by default for want of an Answer. Assess damages as follows: Debt Interest - 10/08/2004 to 07/25/2005 Total (Assessment of Damages attached) $110,481.10 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occu ed and at least ten days pqrior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 N ( IM / 4!/ nn Jo ph I. Goldbeck, Jr. A me for Plaintiff I. . #16132 AND NOW Judgment is entered in favor of M & T BANK S/B/M FARMERS TRUST COMPANY and nst EDA M. UDA and JOSEPH S. RUDA by default for want of an Answer and damages assessed in the sum of 10,48 .10 as per the above certification. Cam- ? i? Prothonotary ?? Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M & T BANK S1BlM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff No. 0135-CIVIL, VS. ALMEDA M. RUDA JOSEPH S. RUDA (Mortgagors and Record Owner(s)) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary. By: zl';te /l. Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MT-0715 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 12, 2005 TO: ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 M & T BANK SKIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M. RUDA JOSEPH S. RUDA (Mortgagor(s) and Record Owner(s)) 65 Derbyshire Drive Carlisle, PA 17013 Defendant(s) TO: ALMEDA M. RUDA 100 Pearl Drive- Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE jean No. 03-3135-CIVIL. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC Cadisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 I G ?C McCAFFER M EEVER B oseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MT-0715 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M.RUDA JOSEPH S. RUDA (Mortgagor(s) and Record Owner(s)) 65 Derbyshire Drive Carlisle, PA 17013 Defendant(s) TO: JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 DATE OF THIS NOTICE: July 12, 2005 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03135-CIVIL IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. :I ? ,, 8 Irvine Ruw Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MT-0715 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: ALMEDA M. RUDA 65 Derbyshire Road Carlisle, PA 17013 M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff Vs. ALMEDA M. RUDA JOSEPH S. RUDA (Mortgagor(s) and Record Owner(s)) 65 Derbyshire Drive Carlisle, PA 17013 Defendant(s) TO:- ALMEDA M. RUDA 65 Derbyshire Road Carlisle, PA 17013 DATE OF THIS NOTICE: July 12, 2005 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ,Term No. 0-3135-CIVIL IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 3 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK WCAFFERTY & MCKEEVER BY, Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-t322 i W NO C. _ 11 -Ali W 4 T II?T i J --? .ti PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff Vs. of Cumberland County ALMEDA M. RUDA CIVIL ACTION - LAW JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 65 Derbyshire Dr. Carlisle, PA 17013 "/ Defendant(s) No. 03-3135-CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/08/2004 to 07/25/2005 at 4.6590% $110,481.10 (Costs to be added) GO. ECI?McCAFFERTY BY: J eph . Goldbeck, Jr. Atto ev for Plaintiff d a O a U1 ? ? vo ?t? U M W HMo w °? ? ?? ? N r .nom v `? 6' ? o Q. Q OQ i? ?^ ? N a ???d? 4 W n a A p o m V '? '?. 0 7 w o N O d ?W w? w` v w v? d? ;, U ? J ? p y ? N ? ? ? ? .p ,? 4" v??' `?? 'c3 ?G .n V ° ? v f 'v ?r. ?N ." ! O L ? ? W ?? LONG DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide right-of- way, which said point is more particularly located at the intersection of the westerly right-of-way line of Derbyshire Drive and the dividing line between Lots Nos. 66 and 67 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire lots 40-73"; THENCE from said point beginning in a southeastwardly direction along the westerly right-of-way line of Derbyshire Drive, along a curve to the left having a radius of 325.00 feet, an arc distance of 66.11 feet to an iron pin on the westerly right-of-way line of Derbyshire drive; THENCE from said point continuing along the westerly right-of-way line of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an iron pin on the dividing line between Lots Nos. 65 and 66 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 65 and 66, south 56 degrees 18 minutes 36 seconds West, a distance of 125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village, north 32 degrees 00 minutes 46 seconds west a distance of 115.61 feet to a concrete monument on the dividing line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 66 and 67, north 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to building setbacks as set forth on the above mentioned plan, being a 30 feet from setback line, a 40 feet rear setback line, and 10 feet side setback line. BEING THE SAME premises which Craig E. Dallmeyer, by his Attorney-in-fact, William A. Duncan, by deed dated 5/13/94 and recorded 5/16/94 in the Office of the Recorder of Deeds in and for the County of Cumberland, in Deed Book 105, at Page 496, granted and conveyed unto Joseph S. Ruda, single, and Almeda M. Ruda, mother. r, IMPROVEMENTS consist of a residential dwelling. - BEINGPREMISES: 65 Derbyshire Dr. u Carlisle, PA 17013 "7 SOLD as the property of ALMEDA M. RUDA and JOSEPH S. RUDA -qcj c.; TAX PARCEL #40-09-0533-030 (J (A r fl ..p >a ? w «1 Goldbeck' McCafferty & McKeever B$: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ALMEDA M. RUDA JOSEPH S. RUDA (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) No.Oi-3135-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 M & T BANK S/B/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Dr. Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALMEDA M. RUDA 65 Derbyshire Road Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 65 Derbyshire Road Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 RONALD & JOYCE TOMASCO 6 Cedar Rd. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. 111 E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MEIXNER 14 Briarly Dr. Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: July 25, 2005 pli A. Goldbeck, Jr., Esq. for Plaintiff !? [`J _ _? •? { CT _ ll ? v? •? ? ?• t ?r r.? .-? ?i '- ? _': ``' _,., ? j r. i (V -?' 03-3135-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.# 16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE etm No. 3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, ALMEDA M. ALMEDA M. RUDA 65 Derbyshire Road Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 7, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the courtjudgment of $110,481.10 obtained by M & T BANK S/B/M FARMERS TRUST COMPANY 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ('. ? :.? c o '? ? _ ...... c_. ?_- . I?l ` ` PJ ?? u'> ' i -- -_ ?+ r,..a Y' ;? -, rv, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-3135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK SB/M FARMERS TRUST COMPANY Plaintiff (s) From ALMEDA M AND JOSEPH S RUDA, 65 DERBYSHIRE DR, CARLISLE, PA 17013 (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 $110,481.10 L.L..50 Interest FROM 10/08/2004 TO 07/25/2005 AT 4.6590% Atty's Comm % Due Prothy $1.00 Arty Paid $129.70 Plaintiff Paid Date: 7/29/05 (Seal) REQUESTING PARTY: Other Costs CURTIS R. LONG Prothonotary By: Deput Name JOSEPH A. GOLDBECK, JR - ESQUIRE Address: SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627.1322 Supreme Court ID No. 16132 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 IN THE COURT OF COMMON FLEAS M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) MT-0715 CF: 06/17/2005 SD: 01/04/2006 $110,481.10 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subj, Section 4904. CERTIFIED MAIL,,., RECEIF (Domestic Mail Only; No Insurance Covers. Q' Postage $ S IZZI Certified Fee ? p i ftftark p Return Receipt Fee Here (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Rer rR ra Total Postage 8 RUDA, JOSPEH S. C3 o FentTo 100 Pearl Dr. Carlisle, PA 17013 ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to U.S. Postal Service,,? a RECEI CERTIFIED PT ti (Domestic Provided) D trl S Postage $ S C3 Certified Fee - Postmark C3 Return Receipt Fee (Endorsement Required) Here E3 Restricted Delivery Fee .A R (Endorsement Required) r U Total Postage 8 f" H S MT,a X15 . RUDA, JOSEP uT C3 Sent To 65 Derbyshire Road p 1? Street, Apt. Na.; or PO Be. No. Carlisle, PA 17013 .r ___.-__.. _. -------'----- A. Signature ? - Ap' ? Agent B. R"iivedb (IfHp(ed. emel c. D?ta?r D9N D. Is delivery addrdss different from item 1? ?-C•s If YES, enter delivery address below: No MT-0715 12/7 RUDA, JOSPEH S. 100 Pearl Dr. Carlisle, PA 17013 3. Service Type ? Certified Mail ? Express Mall 9 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Feel ? Yes 2. Artfrom icle Number PS Fops 3811, February ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desjred. ¦ Print your name and. address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallplece, or on the front if space permits. 1. Artlcle Addessed to A. Signature X ? Agent w/l -`P'k0 A LkAl ? Addre B. Received by (Printed Name) C. *40f Dpi D. Is delivery iddrilds different from item 1? 0 Ye; If YES, enter delivery address below: ? No MT-0715 12/7 RUDA, ALMEDA M. 100 Pearl Dr. Carlisle, PA 17013 3. Service Type ? Certified Mall ? Express Mail IN Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery! (Extra Fee) ? Yes 2. Article Number PS Form 3811, February 2004 V H? ? T o z K c ' ul Q > a -.1 v II ? 1 p ? I D Q° o N O v rn x o N J G Ao O F I O m 0 9 3 CIN G 3 nmKocmiv I N T 'O 7? N I III ? 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'1Y ?C ti o N I ? m ?ro' mT'$Ko a I m i D 1 1 I pT N N ? v ?o N fw W Q m CP C O a c Z 'O W A m 0 O i A K F O 9 W C7 m I I It r" I N t fd1 K p. - I - 5 ?NtTEpSp > 9 Y i ? G r t '4 ? y ? I C ? C? 0 ? D 7 $ , 1$R d wl i 11m ??'. ON rt O 7 W W I ?. I L w D I I i N? 3mmW i?v tAom? a?(f?Ona N yip x N ?' I 'O 70 q rn ? I I I O WC>NO '3 x 20d IX?on ??.'?Yk? $? ? o m r ?. m p ? < I 1 C 7i i I I i I s ?` d x p 4 O 0 2 N.A A A 9 -- -n0 u? I O, I GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Tetra No. 05-3135-CIVIL 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 M & T BANK SIB1M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Dr. Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 RONALD & JOYCE TOMASCO 6 Cedar Rd. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. 111 E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MEIXNER 14 Briarly Dr. Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 WM SPECIALITY MORTGAGE LLC 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92865 4. Name and address of the last recorded holder of every mortgage of record: BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: December 21, 2005 r, T N - v < O M & T Bank s/b/m Farmers Trust Company VS Almeda M. Ruda and Joseph S. Ruda The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3135 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2005 at 6:28 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Almeda M. Ruda, by making known unto Almeda M. 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 copy of the same. Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2005 at 8:04 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Joseph S. Ruda, by making known unto Joseph S. Ruda, personally, at 65 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2005 at 7:02 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 Almeda M. Ruda and Joseph S. Ruda located at 65 Derbyshire Drive, Carlisle, 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 defendants, to wit: Almeda M. Ruda and Joseph M. Ruda, by regular mail to their last known addresses of 100 Pearl Drive, Carlisle, PA 17013 and 65 Derbyshire Drive, Carlisle, PA 17013, respectively. These letters were mailed under the date of October 06, 2005 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 Joseph Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 223.40 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 14.40 Certified Mail 1.33 Levy 15.00 Surcharge 30.00 Postage 1.11 Law Journal 617.00 Patriot News 435.62 Share of Bills 20_89 $1,420.25 Sworn and subscribed to before me This 200, So Answers R. Thomas Kline, Sheriff BY`JC?' 2 Real Estate,15ergeant i 1 3D pCu . /7o1 l Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) No. 03-3135-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 M & T BANK S/B/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Dr. Carlisle, PA 17013 (.Name and address of Owner(s) or Reputed Owner(s): - ALMEDA M. RUDA 65 Derbyshire Road ` Carlisle, PA 17013-•' JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 65 Derbyshire Road Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 RONALD & JOYCE TOMASLO 6 Cedar Rd. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. I I I E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MEIXNER 14 Briarly Dr. Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. A DATED: Jul 25. 2005 3(JK McCAFFERTY & Z p u Goldbeck, Jr., Esq. for Plaintiff i ; .E u I - 9YIV SUR 03-3135-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tenn No. 03-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, ALMEDA M. ALMEDA M. RUDA 100 Pearl Dr. Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 7, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK S/B/M FARMERS TRUST COMPANY 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. I . The sale will be cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 clue in the sale. To find out if this has happened, you may call the Sheriff of 7I7-240-6390. 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 decd to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 I h .E d I- N;':! SOOT LONG DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide right-of- way, which said point is more particularly located at the intersection of the westerly right-of-way line of Derbyshire Drive and the dividing line between Lots Nos. 66 and 67 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire lots 40-73"; THENCE from said point beginning in a southeastwardly direction along the westerly right-of-way line of Derbyshire Drive, along a curve to the left having a radius of 325.00 feet, an are distance of 66.11 feet to an iron pin on the westerly right-of=way line of Derbyshire drive; THENCE from said point continuing along the westerly right-of-way line of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an iron pin on the dividing line between Lots Nos. 65 and 66 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 65 and 66, south 56 degrees 18 minutes 36 seconds West, a distance of 125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village, north 32 degrees 00 minutes 46 seconds west a distance: of 115.61 feet to a concrete monument on the dividing line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 66 and 67, north 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to building setbacks as set forth on the above mentioned plan, being a 30 feet from setback line, a 40 feet rear setback line, and 10 feet side setback tine. BEING THE SAME premises which Craig E. Dallmeyer, by his Attorney-in-Fact, William A. Duncan, by deed dated 5/13/94 and recorded 5/16/94 in the Office of the Recorder of Deeds in and for the County of Cumberland, in Deed Book 105, at Page 496, granted and conveyed unto Joseph S. Ruda, single, and Almeda M. Ruda, mother. IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 65 Derbyshire Dr. Carlisle, PA 17013 SOLD as the property of ALMEDA M. RUDA and JOSEPH S. RUDA TAX PARCEL #40-09-0533-030 03-3135-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.# 16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, JOSEPH S. JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 7, 2005, at 10:00 AM, in Commissioners Hearing Run 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK SB/M FARMERS TRUST COMPANY 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-3135-CIVIL, 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open judgment, it the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 clue in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6340. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1 11 _E cj i - ISM"f Qu LONG DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide right-of- way, which said point is more particularly located at the intersection of the westerly right-of-way line of Derbyshire Drive and the dividing line between Lots Nos. 66 and 67 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire lots 40-73"; THENCE from said point beginning in a southeastwardly direction along the westerly right-of-way line of Derbyshire Drive, along a curve to the left having a radius of 325.00 feet, an arc distance of 66.11 feet to an iron pin on the westerly right-of-way line of Derbyshire drive; THENCE from said point continuing along the westerly right-of-way line of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an iron pin on the dividing line between Lots Nos. 65 and 66 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 65 and 66, south 56 degrees 18 minutes 36 seconds West, a distance of 125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village, north 32 degrees 00 minutes 46 seconds west a distance of 115.61 feet to a concrete monument on the dividing line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 66 and 67, north 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to building setbacks as set forth on the above mentioned plan, being a 30 feet from setback line, a 40 feet rear setback line, and 10 feet side setback line. BEING THE SAME premises which Craig E. Dallmeyer, by his Attorney-in-fact, William A. Duncan, by deed dated 5/13/94 and recorded 5/16/94 in the Office of the Recorder of Deeds in and for the County of Cumberland, in Deed Book 105, at Page 496, granted and conveyed unto Joseph S. Ruda, single, and Almeda M. Ruda, mother. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 65 Derbyshire Dr. Carlisle, PA 17013 SOLD as the property of ALMEDA M. RUDA and JOSEPH S. RUDA TAX PARCEL #40-09-0533-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-3135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK SB/M FARMERS TRUST COMPANY Plaintiff (s) From ALMEDA M AND JOSEPH S RUDA, 65 DERBYSHIRE DR, CARLISLE, PA 17013 (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 $110,481.10 L.L..50 Interest FROM 10/08/2004 TO 07/2512005 AT 4.6590% Ally's Comm % Due Prothy $1.00 Arty Paid $129.70 Plaintiff Paid Other Costs Date: 7/29/05 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR - ESQUIRE CURTIS R. LONG Prothonotary By: I "A Deput, Address: SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 Real Estate Sale 417 On September 01, 2005 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 65 Derbyshire Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 By:10( )lit( G) Real Estat v Cgea t GiR- 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 swom 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 25th day(s) of October and the 1st and 8th day(s) of November 2005. 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 _ .................. . ........ }°f.....3 . 'a... ....................... Sworn to and so cr be ore me this 23rd day o[ November 2005 A.D. F TT 14 SEAT: ussell, Notary Public sburg, Dauphin County on es Jane 6, 2006 ,a a ,dationot Notaries ; w2? NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 17 Writ No. 2005-3135 Chril Term M &T Bank slbfm Farmers Trust company Vs Almede M. Rude and Joseph. S. Ruda Atty: Joseph Goldbeck DESCRIPTION I ALL THAT CERTAIN lot or parcel of land situate in South MlddletonTownship. Cumberland County, Pennsylvania, more paraculady bounded and described as follows: BOWIMJNG a ao iron pin on the westerly 69114-way be of Da**n Ddvc, a 50.00 foot wide right-of-way, which Said perm is more paoiaukdy Mcaed at the mwftmm of the wmaly ri*4-way tine ofDeabysh've Dmro od redividing be between Lots Nos. 66 and 67 on .the Plan of Las known as "Final Plan for Mayapple Village, Derbyshire lots 40.73" THENCE from said point beginning in a southeast-wardly direction along the westerly right-of-way tine of Derbyshire Drive, along a curve m the left having a radius of 325.00 feet, an are distance of 66.11 feet m an iron pin on the westerly rightof--way line of Derbyshire Drive; THENCE from said 7dnt continuing along the westerly rightOf-way. tine of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an bon pin on the dividing tine between EAU Nos. 65 and 66 to the aforesaid Plan of Lou; thence from said point along The dividing line between Lots Nos. 65 and 66, south 56 degrees L .youres 36 seconds West, a distance of 125.00 Met to an iron pin on the easterly property tine of other hods of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village, north 32 degrees 00 minutes 46 seconds west a distance of 115.61 feet to a concrete monument on the dividing be between Lots Nos. 66 and 67 on the aforesaid Plan of Lou; THENCE from said point along the dividing line between Lots Nos. 66 and 67, t otli 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an most pip the Place ofBEGINNING_ UNDER AND SUBJECT to building setbacks as set forth on the above-mentioned plan, being 30 feet from setback tine, a 40 feet rear setback fine, and 10 fat side setback time. BEING THE SAME premises which Cmig E. Dallmeyer, by his Attorney-m-fam, will um A Duacam, by deed dated 5/13194 end recorded 5/1694 in the Office tithe Recorder of Deeds in and fm the County of (timberland, to Deed Book 105, at Page 496, Warned and conveyed onto Joseph S. Ruda, sin¢h, and Almede M. Ruda, moths. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 65 Derbyshire Dr., Carlisle, PA 17013. SOLD set the property of Almelo M. Ruda and Joseph S. Ruda. TAX PARCEL A M9-0533-M. 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, October 14, 21, 28, 2005 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. I >sa Mane Coyne, Edi or SWORN TO AND SUBSCRIBED before me this 28 day of October. 2005 LOIS E ,NMTP. Nowr Carlisle &>ru, Cumberland G wow {.c.r?ramL?sion_ Expires March 5.2008 L? A ._.w........--.._.......w.. REAL ESTATE SALE NO. 17 Writ No. 2005-3135 Civil M & T Bank s/b/m Farmers Trust Company VS. Almeda M. Ruda and Joseph S. Ruda Atty.: Joseph Goldbeck LONG DESCRIPTION ALL THAT CERTAIN lot or par- cel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide right-of-way, which said point is more particularly located at the in- tersection of the westerly right-of- way line of Derbyshire Drive and the dividing line between Lots Nos. 66 and 67 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire lots 40-73"; THENCE from said point beginning in a southeastwardly direction along the westerly right-of-way line of Derbyshire Drive, along a curve to the left having a radius of 325.00 feet, an are distance of 66.11 feet to an iron pin on the westerly right- of-way line of Derbyshire drive; THENCE from said point continu- ing along the westerly right-of-way line of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an iron pin on the dividing line between Lots Nos. 65 and 66 on the afore- said Plan of Lots; thence from said point along the dividing line between Lots No. 65 and 66, south 56 de- grees 18 minutes 36 seconds West, a distance of 125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly prop- erty line of other lands of Mayapple Village, north 32 degrees 00 min- utes 46 seconds west a distance of 115.61 feet to a concrete monument on the dividing line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 66 and 67, north 65 degrees 32 minutes 12 seconds east, a dis- tance of 130.00 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to butd- ing setbacks as set forth on the above mentioned plan, being a 30 feet from setback line, a 40 feet rear setback line, and 10 feet side set- back line. BEING THE SAME premises which Craig E. Dallmeyer, by his Attorney-in-fact, William A. Duncan, by deed dated 5/13/94 and re- corded 5/16/94 in the Office of the Recorder of Deeds in and for the County of Cumberland, in Deed Book 105, at Page 496, granted and conveyed unto Joseph S. Ruda, single, and Almeda M. Ruda, mother. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 65 Derby- shire Dr. Carlisle, PA 17013. SOLD as the property of ALMEDA M. RUDA and JOSEPH S. RUDA. TAX PARCEL #40-09-0533-030. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney LD.#1 6132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff Vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION- LAW ACTION OF MORTGAGE FORECLOSURE No. 05-3135-CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/08/2004 to 07/25/2005 at 4.6590% $110,481.10 (Costs to be added) BY: Joseph A`GAdbeck, Jr. Attorney for Plaintiff & McKEEVER f ? W ? ?N y o ' 4 c?c ???? ccc ' C ? l ? ? v? r T r, W O N 7 O U w 0 N r H vGa d ? w Mi Q(] a 0 ? a Ord dwrLl? ?Wyp o?V O W o W v a ?w y O o W? H W Y d J d d mV n U ? u y ? Y 'd ?Qr w ? ? a 1 r A s 4° a QU I ? ALL I IIAT CERT'AIN' lot or parcel orland situate in South NIAleton Township, Cumberland County, Pennsylvania, more particularly hounded and described as (oltokvs: BEGINNING at all iron pin on the r?csterly right-of-may line of Derbyshire Drive. a TM) toot va ide right-of-nya}, nrhich said point is more particularly touatect at the iutcrsection of the kacsicr Iv ri ?thl-of v%x, Bite of Dei byshi c Drix e and the dividing line bet wccn tots Nos. 66 and 67 0o the Plan of Lots, 1c1) o',', n as" I inal Plan for Mayapple Vlllastc. Derbyshire lots 40-7 1 i I II N( I Been paid point bcuna ing in a southawardlcdirection. along the westerly right -ot- w;nline I i1ci hnhirc I! rye. wk, a curvy to the lelt hmwina a ladies of ? ?S,00 lcet. all arc distanec of 6(). I I feet to an iron pin on the kccacdy right-oi=tt ay line of Derbyshire driv-e; I HFN('I: tiont',aid point continuing along the ttcstedy right-oI! nvay line of Derbyshire Drivc, South > dc;*,rces 41 minutes 34 sound, ONL a distanec of ?g.06 feet to a.n iron pin on the dividing line hchteen Lots Nos. 65 and 66 on the afoiesaid Plan at Lots: thence from said point along the diOkling Ime hcl"ccn IMN ?'on 65 ud 00. south 50 dcgrces IS minutes 36 seconds West, a distance of 125,00 feet to an iron pin on the easterly property line ofother lands of Mayapple Village; I f IENC'F. front said point along the easterly property line of other lands of Mayapple Village, 1I IEN('L fitrrn said point Mont the easterli' piopcrty line ofother lands of Mayapple Villa?.?e. north 33 degrees 00 minutes 46 seconds necst a distance of 115.61 feet to a concrete moneuncut on the dividing line bate ecn Lots Nos. 66 and ti; on the aiorenaid Plan) of Lots; thence flour said point along the dk iding line beriveen Lots MY 66 and 67, north 65 degrees 32 minutes 1' seconds ea,t, a distanec of 130.00 feel to an iron pin, the Place of 13FGINNiN(i. UNDER AND'itMECI to buiWing setbacks as set Arth on the ahosc mentioned plan, being a 30 feet from setback line, a 40 tcet rear setback link. tend 10 feel vale setback line. BEING the same premise "hich Craig E. Dallmeyer, by his Alukrncy-in-t+.ci, William A. Duncan, by Deal dated May 13, 1994 and tecoided in the Cumberland Recorder of Dceds Ofticc on May 16. 1904 in Deed Book 105 Page 496, granted and conv eyed unto Joseph S. Ruda, single and Almeda V. Ruda, mother. TAX PARCEL ;c .40-09-0533-060 ML;NI('IPAI ri 4OU`f11 NIIDDI I, I OC: "I O4aNSIIIP PROPERTY ADDRESS. 65 DERB SHIRT DRIVE.. CARLISl I?_ PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T BANK SBIM FARMERS TRUST COMPANY, Plaintiff (s) From ALMEDA M. RUDA AND JOSEPH S. 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 gamishee(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 $110,481.10 Interest FROM 10/8104 TO 7125105 AT 4.6590% Any's Comm % Any Paid $1562.45 Plaintiff Paid Date: MAY 2, 2006 (Seal) L.L. Due Prothy $1.00 Other Costs t2[IRTI O G Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. # 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M.RUDA JOSEPH S. RUDA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) No. 05-3135-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 M & T BANK S/B/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Dr. Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the property to be sold: ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 RONALD & JOYCE TOMASCO 6 Cedar Rd. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. 11 I E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MEIXNER 14 Briarly Dr. Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 WM SPECIALITY MORTGAGE LLC 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 42865 4. Name and address of the last recorded holder of every mortgage of record: BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: April 29, 2006 GOLDBEC-? Mc AFFERTY & McKEEVER BY: Joseph G dbeck, Jr., Esq. Attorney for Miff c rJ w ?- T 05-3135-CIVIL I 'k GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(: of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, ALMEDA M. ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of 5110,481.10 obtained by M & T BANK S/B)M FARMERS TRUST COMPANY 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you muse pay call: 215-627-1322 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ' cn ' < 05-3135-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, JOSPEH S. JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rat 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK S/B/M FARMERS TRUST COMPANY 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: of Cumberland County CIVIL ACTION - LAW I. The sale will be cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 clue in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are tiled with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 t7 ?-? O N --r i ? --° m Cl) _? GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Drive Carlisle, PA 17013 Defendant(s) MT-0715 CF: 06/17/2005 SD: 09/06/2006 $110,481.10 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). (k) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Re ctfu si i B : Jo eph A. oldbeck, Jr. Attorn y for Plaintiff ¦ Complete items 1, 2, slid 3. Also complete item 4 If Restricted Dellvery Is deelred. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the tack of the mallpiece, or on the front If space permits. 1. Article Addmwed to: MT-0715 "ll RUDA, ALMEDA M. 100 Pearl Drive Carlisle, PA 17013 2. Arkin Number ` Mwmfw from swvka Mbsl) PS Porte 3811, February 2004 A. Soo" X ?J D Agent ? Aedreswe S. Received by (Pfnrfad Name! C. Date of Delivery D. Is delivery addraee diftent from Item 17 ? Ya If YES. enter dellmy address below: O No t N {0 Csraletl Mau D E,?reae Mall 133 Reaetered 0 Return ReoW for Mwdw dhm ? Insured Mail ? C.O.D. 4. Reabk:ted Dellverp (Extra Fes) ? The ?045=3.4100002003Rt-Mt ¦ Don"Ic Roam ReoW 102666024b1640 ¦ Complete items 1, 2, and 3. Also complete A. Sbnenae ? Agent leaked. Ds#very Is address on the reverse ¦ Print your _ 0, thift of DelNery so that we can return the card to Y(XJ- 8. Received ¦ Attach this card to to belt of the M Ilpiece, or on the front H space Psrmft' D. is delNery ',14 Yee AVtjj/7?m: - 1. MT-Y09 RYES, enter Very \.. ?No RUDA, JOSPEH S. 100 Pearl Drive Carlisle, PA 17013 3. SW4100 Type y;. XI Certified Mee ? Frew MYI t7 Repbrered ? Rawm Receipt for Merchandise ? Irwrted Mail ? C.O.D. 4. Res rIc%d DM wy? (E+dre Fee) ? Yes z. ArikM Number nom eeirrw nrbsf) *700531100002 03814;6?* (hmwler PS Form 3811, February 204 Dorneotb RMUm PAOW + , c r c c C C r= R. Ln 0 0 r- -0 , U, IsmalblMs ra 0 WEEMEM m a r c N ° oedmad FW C3 ReWi R9CW Fee ° r A (E1d01mnwd r? M T.Wp~&F n m C? ImA--A 0 ° M1 37nri:i'oL7Pc.:.....•c U.S • II L, CERTIFIED MAIL ; RE CEIPT M1 M oDomestic Mail Only: No In surance C overage Provideo) CO OFF p IAL USE o ° ronw, $ o C MWF» Yes ° _ MWI , FoWn" r'a ?IWgdNMid flep•Med) r m TOW POMw.a Fe•s _ ' it C3 M1 rWm7W LJM D. A &U D :loi7gin M. 'I Ive - ------------- M1 S r? CO m 0 ° ti ° ° ° ° a ra m m ° ° M1 g? 0 uR g Dili! Qxy?s o$W v S? p '? U 2?£ ?9 1 ?CCC ?a R W M OO QOO Vim` L JQ Q U z O Q Ua.o WIZ CL ?c7 - Y ? Z 'e W Z NU d i Y$a Qo Z?L W 21051, 3: Sore u F . a m r R m u i'-Q U E 0 'soow ?' ?CCC c v ? C? `o N ? a ?' ? t f6 4v?U r W4 z i o a F W m °YowaN - U M W pcc m W pn fII'?QQ? Y?' ?Q JO i N O Q G U ? ? r O (n o q c°v OC d U Z c " = o ~ ~ a+ an r c- ? rn to c 6 . - ay 9 Q U rn a pC m? G N U ='- ?i ? 0 6 W Y N O a d Q N c ? 3 Q ID W I -I o 0 R Z a `2 N LLI C tb ` U_ 'p in U I?_ w oU Ici O o0 N O N ? ?ta?o G ?- Ny Q Q .. ? G Q Y Q C', q31{µ0 No o `.e W <'' r X ? Qoa U ? m ? 'C y rm ? a?U -1 J 0 N Q yt ?,a G ? N 7 m L oo? ,c?aU r ? I O c E v Y a I u a N? --i N I U o oW ? h > d m HU cN G ? O d m? m=a m IL c CL.° to 0 Y Ce S 9 E U Z W i V _ o p ? ? + N o 0 o ? 0 = a m a F § a w 3 Ism o O N 7 yyyyX l LL a a? w ? Q LU ?? g o w Z 0 LL ? I°u a ? Q %I LL ?O P N ? P 11'Z Q?s o N a O c p a O ;i ?6'p3tMn o o g 71l I E 0 U I`~l 9 I z (? d Y _? mr g 11 75 a?? uu' rt SV Zpc??py YuLL.r (g?jf J p OC u. I Zmr ?ZiS N_ P m N a w U 4 K o- W p Zap, r ? ? o a N 4jz Otl cQ may 'rL N U' L u U. mWJ I U?$m i ? a:7i I a ?ul 0. S a r I a u t?! O N a N C Q r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL 65 Derbyshire Drive Carlisle, PA 17013 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 M & T BANK SB/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Drive Carlisle, PA 17013 (.Name and address of Owner(s) or Reputed Owner(s): ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: WM SPECIALITY MORTGAGE LLC 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92865 DONNELLY PH PUBLISHING 1615 BLUFF CITY HIGHWAY BRISTOL, TN 37620 COLBY M.MCCARREN 106 E. SPRINGVILLE RD. BOILING SPRINGS, PA 17007 METLIFE AUTO & HOME INSURANCE ETAL P.O. BOX 668 WARWICK, RI 02887-0668 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 RONALD & JOYCE TOMASCO 6 Cedar Rd. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. 111 E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MED{NER 14 Briarly Dr. Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: JP MORGAN CHASE BANK, N.A. 450 W. 33RD STREET 15TH FLOOR NEW YORK, NY 10001 BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: August 14, 2006 al-400&-O? G DB K McC FERTY & McKEEVER B : Jose 6h A. Goldbeck, Jr., Esq. Attorney for Plaintiff r ^? ? n „ ?. c? ?n ?? ?? .; w ? Tv ?.,? .- -a ? ? ? :.c The Bank of New York, as Trustee VS Almeda M. Ruda and Joseph S. Ruda In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3135 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2006 at 10:00 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Almeda M. 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 copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 09:10 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Joseph S. Ruda, personally at 65 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2006 at 10:47 o'clock A.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 Almeda M. Ruda and Joseph S. Ruda located at 65 Derbyshire Drive, Carlisle, 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 defendants, to wit: Almeda M. Ruda and Joseph S. Ruda, by regular mail to their last known address of 100 Pearl Drive, Carlisle, PA, 17013 and 65 Derbyshire Drive, Carlisle, PA 17013. These letters were mailed under the date of July 13, 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 Joseph Goldbeck. Sheriff's Costs: Docketing $30.00 Poundage 20.15 Advertising 15.00 Posting Handbills 15.00 Prothonotary 1.00 Mileage 13.20 Levy 15.00 Surcharge 30.00 Law Journal 509.00 Patriot News 399.80 Postpone Sale 20.00 Share of Bills 19.31 f l??f b4 $1087.46 lz So Answers: R?hOOA 41,11 BY Real Estat ergeant &0 e.? 6G G 4? r Y4 -7/1 v Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney 1. D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 vs. ALMEDA M. RUDA JOSEPH S. RUDA (Mortgagor(s) and Record Owner(s)) 65 Derbyshire Dr. Carlisle, PA 17013 No. 05-3135-CIVIL M & T BANK S/B/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Dr. Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 r RONALD & JOYCE TOMASCO 6 Cedar Rd. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. 111 E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MEIXNER 14 Briarly Dr. Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 WM SPECIALITY MORTGAGE LLC 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92865 4. Name and address of the last recorded holder of every mortgage of record: BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: April 29, 2006 GOLDBECT Mc AFFERTY & McKEEVER BY: Joseph I . G dbeck, Jr., Esq. Attorney for ntiff 05-3135-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s, of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, JOSEPH S. JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriff s Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK S/B/M FARMERS TRUST COMPANY 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 I 05-3135-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, ALMEDA M. ALMEDA M. RUDA 65 Derbyshire Drive Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK S/B/M FARMERS TRUST COMPANY 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 cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 I 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 65 Derbyshire Dr. Carlisle, PA 17013 65 Derbyshire Drive Carlisle, PA 17013 SOLD as the property of ALMEDA M. RUDA and JOSEPH S. RUDA TAX PARCEL #40-09-0533-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T BANK SB/M FARMERS TRUST COMPANY, Plaintiff (s) From ALMEDA M. RUDA AND JOSEPH S. 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 $110,481.10 L.L. Interest FROM 10/8/04 TO 7/25/05 AT 4.6590% Atty's Comm % Atty Paid $1562.45 Plaintiff Paid Date: MAY 2, 2006 (Seal) Due Prothy $1.00 Other Costs &A?' AURTIS AOG Prothonotary By: REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Deputy Real Estate Sale # 29 f -4 ?O On May 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 65 Derbyshire Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17, 2006 By: Real Este Sergeant Z E *-b V S- AVW 9001 Vd f/1irv1il)J L;l!v Q 8W iIj 33183HS 3Hi A 331.4JO 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 ............... 1 . ....................................... COPY Sworn to s b crib before me this 16ti? trllVll Ls1H06 '6M.SYI.VANlA S A L E #29 NotarW Seal Terry L. Russell, Notary PLbk ally Of tiarrb' W phis County 1My06rr)Mb91qXq*re9Juroe6,2010 Memb r, Penns is Association of Notaries NOT AY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Vic. ,. , .. R, ..? ?;, . . 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. WORNTO AND SUBSCRIBED before me this 4 day of August, 2006 _ NOTARIAL SEAL v LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 29 Writ No. 2005-3135 Civil M & T Bank s/b/m Farmers Trust Company VS. Almeda M. Ruda and Joseph S. Ruda Atty.: Joseph Goldbeck ALL THAT CERTAIN lot or par- cel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derby- shire Drive, a 50.00 foot wide right- of-way, which said point is more particularly located at the intersec- tion of the westerly right-of-way line of Derbyshire Drive and the divid- ing line between Lots Nos. 66 and 67 on the Plan of Lots known as "Final Plan for Mayapple Village. Derbyshire lots 40-73"; THENCE from said point begin- ning in a southeastwardly direction along the westerly right-of-way line of Derbyshire Drive, along a curve to the left having a radius of 325.00 feet, an arc distance of 66.11 feet to an iron pin on the westerly right- of-way line of Derbyshire Drive; THENCE from said point con- tinuing along the westerly right-of- way line of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an iron pin on the dividing line between Lots Nos. 65 and 66 on the afore- said Plan of Lots; thence from said point along the dividing line between Lots No. 65 and 66, south 56 de- grees 18 minutes 36 seconds West, a distance of 125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; THENCE from sad Point along the oa easterly Property line of other lands Mayapple Village, THENCE from said point along the easterly prop- erty line of other lands of Mayapple Village, north 32 degrees 00 min- utes 46 seconds west a distance of 115.61 feet to a concrete monument on the dividing line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said Point along the dividing line between Lots No. 66 & 67, north 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to build- ing setbacks as set forth on the above mentioned plan, being 30 feet from setback line, a 40 feet rear setback line back line, and 10 feet side set- . BEING the same premise which ag E* Dallmeyer, by his Attorney- Villiam A. Duncan, by Deed dated May 13, 1994 and recorded in the Cumberland Recorder of Deeds office on May 16, 1994 in Deed Book 105 Page 496, granted and conveyed unto Joseph S. Ruda, single and Almeda M. Ruda, mother. TAX PARCEL #: 40-09-0533-060. MUNICIPALrl y: South Middleton Township. PROPERTY ADDRESS: 65 Der- byshire Drive, Carlisle, PA 17013. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 05-3135-CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 07/26/2005 to Date of Sale at 4.6590% (Costs to be added) $110,481.10 Z?) auzh A - A*1btekA ? G DBEC McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney for Plaintiff Z ?V M {sl 0 V V ~ O N ?+ .., W ..+ ? 9? r? . 4 pd•? N 5 04 ?'Q E`w Q v° ?N vp w tom ?a pt:j Arn A O o "' ,? O off ? ?? c°n?V W (?:' 6 5 N ? a ? H .D? a c 4t z S $ v a J> -? Ao z 4D 55;Q o Q ?, --? fi a L N, ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide right-of-way, which said point is more particularly located at the intersection of the westerly right-of-way line of Derbyshire Drive and the dividing line between Lots Nos. 66 and 67 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire lots 40-73"; THENCE from said point beginning in a southeastwardly direction along the westerly right-of- way line of Derbyshire Drive, along a curve to the left having a radius of 325.00 feet, an arc distance of 66.11 feet to an iron pin on the westerly right-of-way line of Derbyshire drive; THENCE from said point continuing along the westerly right-of-way line of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an iron pin on the dividing line between Lots Nos. 65 and 66 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 65 and 66, south 56 degrees 18 minutes 36 seconds West, a distance of 125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village, north 32 degrees 00 minutes 46 seconds west a distance of 115.61 feet to a concrete monument on the dividing line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 66 and 67, north 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to building setbacks as set forth on the above mentioned plan, being a 30 feet from setback line, a 40 feet rear setback line, and 10 feet side setback line. BEING the same premise which Craig E. Dallmeyer, by his Attorney-in-fact, William A. Duncan, by Deed dated May 13, 1994 and recorded in the Cumberland Recorder of Deeds Office on May 16, 1994 in Deed Book 105 Page 496, granted and conveyed unto Joseph S. Ruda, single and Almeda M. Ruda, mother. TAX PARCEL #: 40-09-0533-060 MUNICIPALITY: SOUTH MIDDLETON TOWNSHIP PROPERTY ADDRESS: 65 DERBYSHIRE DRIVE, CARLISLE, PA 17013 05-3135-CIVIL GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendants; of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, JOSEPH S. JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK SB/M FARMERS TRUST COMPANY 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M & T BANK SB/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and or w 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 r s 05-3135-CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. Wr ot 05-3135-CIVIL GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, JOSPEH S. JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK SB/M FARMERS TRUST COMPANY 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M & T BANK SB/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866413-2311 W 10 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL RE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 W4 05-3135-CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. • 05-3135-CIVIL GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, ALMEDA M. ALMRDA M. RUDA 65 Derbyshire Drive Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of S 110,481.10 obtained by M & T BANK SB/M FARMERS TRUST COMPANY 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M & T BANK SB/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and l • 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 r 05-3135-CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretentionaa goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ar 05-3135-CIVIL GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s' , of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, ALMEDA M. ALMEDA M. RUDA 100 Pearl Drive Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK S/BIM FARMERS TRUST COMPANY 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M & T BANK SB/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866413-2311 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 ?° 05-3135-CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA (Mortgagor(s) and Record Owner(s)) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-3135-CIVIL M & T BANK SB/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Dr. Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALMEDA M. RUDA 65 Derbyshire Drive Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle; PA 17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 65, Derbyshire Drive Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DONNELLY PH PUBLISHING 1615 BLUFF CITY HIGHWAY rj- • BRISTOL, TN 37620 COLBY M. MCCARREN 106 E. SPRINGVILLE RD. BOILING SPRINGS, PA 17007 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. 111 E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MEIXNER 14 Briarly Dr. Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 RONALD & JOYCE TOMASCO 6 Cedar Rd. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 METLIFE AUTO & HOME INSURANCE ETAL P.O. BOX 668 WARWICK, RI 02887-0668 WM SPECIALITY MORTGAGE LLC 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92865 4. Name and address of the last recorded holder of every mortgage of record: JP MORGAN CHASE BANK, N.A. 450 W. 33RD STREET 15TH FLOOR NEW YORK, NY 10001 BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 dl- r " 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: September 11, 2007 O BECK MCCAFFER & MCKEEVER B : Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff r ? ,Ln USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 1 of 11 2002, CREDS, 34111eld U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:06-bk-01882-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 09/01/2006 Debtor Joseph S Ruda 65 Derbyshire Drive Carlisle, PA 17013 SSN: xxx-xx-6346 Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst: U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by James M Bach 352 South Sporting Hill Road Mechanicsburg, PA 17050 717 737-2033 Fax : 717 7374220 Email: jamesbach@comcast.net Filing Date # Docket Text 09/01/2006 1 Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 filed by James M Bach on behalf of Joseph S Ruda. (Bach, James) (Entered: 09/01/2006) 09/01/2006 2 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)l. ). (Bach, James) (Entered: 09/01/2006) 09/01/2006 3 Chapter 13 Plan Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)1 ). (Bach, James) (Entered: 09/01/2006) 09/01/2006 4 Certificate of Credit Counseling Filed by James M Bach on behalf of https:Hecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_889_0-1 9/7/2007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 2 of 11 Joseph S Ruda (RE: related document(s)1 ). (Bach, James) (Entered: 09/01/2006) 09/01/2006 5 Tax Documents for the Year for 2005 (Document is restricted and can only be viewed by Court staff.) Filed by James M Bach on behalf of Joseph S Ruda. (Bach, James) (Entered: 09/01/2006) 09/01/2006 Receipt of Chapter 13 Voluntary Petition - case upload(1:06-bk- 01882) [caseup1d,I305u] ( 274.00) filing fee. Receipt number 1812199, amount $ 274.00. (U.S. Treasury) (Entered: 09/01/2006) 09/01/2006 FeeDueBK flag removed. (CashReg) (Entered: 09/06/2006) 09/05/2006 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 10/12/2006 at 09:00 AM. (DB) (Entered: 09/05/2006) 09/08/2006 6 Amended Chapter 13 Plan Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)3 ). (Bach, James) (Entered: 09/08/2006) 09/08/2006 7 Amendment to Schedules: schedule F. Filing fee due in the amount of $ 26.00 Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)1 ). (Bach, James) (Entered: 09/08/2006) 09/08/2006 8 Amendment to statement of financial affairs Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)1 ). (Bach, James) (Entered: 09/08/2006) 09/08/2006 Receipt of Amendment to Schedules (Fee)(1:06-bk-01882-MDF) [misc,amdsch] ( 26.00) filing fee. Receipt number 1818628, amount $ 26.00. (U.S. Treasury) (Entered: 09/08/2006) 09/08/2006 FeeDueAmd flag removed. (CashReg) (Entered: 09/11/2006) 09/11/2006 9 Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 10/12/2006 at 11:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Proofs of Claims due by 1/10/2007. Last day to oppose dischargeability is 12/11/2006. (KZ) (Entered: 09/11/2006) 09/11/2006 10 Objection to Confirmation of Plan to the Debtor Chapter 13 Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of JP Morgan Chase Bank (RE: related document(s)3 ). (Attachments: #.I.- Proposed Order # 2 Certificate of Service # 3 Exhibit A. Proof of Claim# 4 Exhibit B, Chapter 13 Plan)(Schalk, Joseph) (Entered: 09/11/2006) https://ecf pmnb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L 889 0-1 9/7/2007 'USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 3ofII 09/13/2006 11 Entry of Appearance under 2002 and 9010 Filed by David Allen Baric of O'Brien Baric and Scherer on behalf of Adams & Adams. (Banc, David) (Entered: 09/13/2006) 09/13/2006 12 BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s)9 ). Service Date 09/13/2006. (Admin.) (Entered: 09/14/2006) 09/13/2006 13 BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s)9 ). Service Date 09/13/2006. (Admin.) (Entered: 09/14/2006) 09/15/2006 14 Objection to Confirmation of Plan of Debtor's Amended Chapter 13 Plan Filed by David Allen Baric of O'Brien Baric and Scherer on behalf of Adams & Adams (RE: related document(s)6. ). (Attachments: # 1 Proposed Order)(Baric, David) (Entered: 09/15/2006) 09/15/2006 15 Request for Notice under 2002 Filed by Lauren M Tang of Buchalter Nemer on behalf of AMC Mortgage Services, Inc., loan servicer for Ameriquest Mortgage Company. (Tang, Lauren) (Entered: 09/15/2006) 09/22/2006 16 Objection to Confirmation of Plan to the Debtor's Chapter 13 Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of AMC Mortgage Services, Inc., loan servicer for Ameriquest Mortgage Company (RE: related document(s)10 ). (Attachments: # 1 Certificate of Service # 2 Exhibit A, Proof of Claim# 3 Exhibit B, Chapter 13 Plan# 4 Proposed OrderxSchalk, Joseph) (Entered: 09/22/2006) 10/13/2006 17 Certification that 341 Meeting of Creditors (Ch. 13) Not Held on 10/12/06. To be Rescheduled for Debtor. (There is no image or paper document associated with this entry.). (dehart, III6d), Charles) (Entered: 10/13/2006) 10/13/2006 18 Request to BNC - Meeting of Creditors Rescheduled. 341(a) meeting to be held on 11/30/2006 at 12:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. (KZ) (Entered: 10/13/2006) 10/15/2006 19 BNC Certificate of Mailing. (RE: related document(s)18 ). Service Date 10/15/2006. (Admin.) (Entered: 10/16/2006) 12/01/2006 20 Certification that 341 Meeting of Creditors Held (Ch. 13) on 11/30/06. Notice sent to all creditors setting confirmation hearing. Last day to Object to Plan Confirmation 12/28/2006. Confirmation https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_ 889_0-1 9/7/2007 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 4 of 11 hearing to be held on 1/10/2007 at 10:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III0d), Charles) (Entered: 12/01/2006) 12/02/2006 21 Certificate of Financial Management Course Filed by James M Bach on behalf of Joseph S Ruda. (Bach, James) (Entered: 12/02/2006) 12/03/2006 22 BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s)20 ). Service Date 12/03/2006. (Admin.) (Entered: 12/04/2006) 12/04/2006 23 Amendment to Schedules: F. Filing fee due in the amount of $ 26.00 Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)7,1. ). (Bach, James) (Entered: 12/04/2006) 12/04/2006 Receipt of Amendment to Schedules (Fee)(1:06-bk-01882-MDF) [misc,amdsch] ( 26.00) filing fee. Receipt number 1965670, amount $ 26.00. (U.S. Treasury) (Entered: 12/04/2006) 12/04/2006 FeeDueAmd flag removed. (CashReg) (Entered: 12/05/2006) 01/05/2007 24 Pre-Confirmation Certification of Compliance with Post Petition Obligations in accordance with 11 U.S.C. Section I I29(a)(14), 1225 (a)(7), and 1325(a)(8) and (A)(9). Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)22 ). (Bach, James) (Entered: 01/05/2007) 01/10/2007 25 Proceeding Memo confirmation hearing called. Amended Plan to be filed within thirty (30) days. Objections sustained. Record made. Appearances: Charles J. DeHart, III, Trustee, Gary Imblum on behalf of JP Morgan Chase and David Baric on behalf of Adams & Adams. Non-Appearances: James Bach. (There is no image or paper document associated with this entry.) (RE: related document(s)14, 6., 10, 1.6 ). (JG) (Entered: 01/10/2007) 01/11/2007 26. Order Sustaining Objection to Plan. Debtor to file an Amended Plan within thirty (30) days; otherwise, upon certification of default, the case will be dismissed. (RE: related document(s)14,10, 16 ). (DB) (Entered: 01 / 11/2007) 01/27/2007 27 Second Amended Chapter 13 Plan Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)6 ). (Bach, James) (Entered: 01/27/2007) 01/31/2007 28 Third Amendment to Schedules: Schedule F . Filing fee due in the amount of $ 26.00 Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)7, 1, 23 ). (Bach, James) (Entered: https://ecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_889_0-1 9/7/2007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 5 of 11 01/31/2007) 01/31/2007 Receipt of Amendment to Schedules (Fee)(1:06-bk-01882-MDF) [misc,amdsch] ( 26.00) filing fee. Receipt number 2053706, amount $ 26.00. (U.S. Treasury) (Entered: 01/31/2007) 01 /31 /2007 FeeDueAmd flag removed. (CashReg) (Entered: 02/01/2007) 02/09/2007 29 Amendment to Schedules: Schedule F . Filing fee due in the amount of $ 26.00 Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)1_ ). (Bach, James) (Entered: 02/09/2007) 02/09/2007 Receipt of Amendment to Schedules (Feex1:06-bk-01882-MDF) [misc,amdsch] ( 26.00) filing fee. Receipt number 2070265, amount $ 26.00. (U.S. Treasury) (Entered: 02/09/2007) 02/09/2007 FeeDueAmd flag removed. (CashReg) (Entered: 02/12/2007) 02/12/2007 30 Amendment to Schedules: F. Filing fee due in the amount of $ 26.00 Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)!. ). (Bach, James) (Entered: 02/12/2007) 02/12/2007 Receipt of Amendment to Schedules (Fee)(1:06-bk-01882-MDF) [misc,amdsch] ( 26.00) filing fee. Receipt number 2072845, amount $ 26.00. (U.S. Treasury) (Entered: 02/12/2007) 02/12/2007 FeeDueAmd flag removed. (CashReg) (Entered: 02/13/2007) 02/13/2007 31_ Stipulation to Cure Chapter 13 Plan Objection Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)14 ). (Attachments: # 1. Proposed Order) (Bach, James) (Entered: 02/13/2007) 02/15/2007 32 Order approving Stipulation to cure Chapter 13 Plan Objection. (RE: related document(s)31 ). (DB) (Entered: 02/16/2007) 03/14/2007 33 Request to BNC - Notice of Continued Confirmation Hearing and Amended Plan (RE: related document(s)20, 27 ). Confirmation hearing to be held on 4/18/2007 at 10:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. Last day to Object to Plan Confirmation 4/10/2007. (DB) (Entered: 03/14/2007) 03/16/2007 34 BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s)33. ). Service Date 03/16/2007. (Admin.) (Entered: 03/17/2007) https:Hecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_889_O-1 9/7/2007 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 6 of 11 03/16/2007 3.5 BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s)33 ). Service Date 03/16/2007. (Admin.) (Entered: 03/17/2007) 03/19/2007 36 Pre-Confirmation Certification of Compliance with Post Petition Obligations in accordance with 11 U.S.C. Section I I29(a)(14), 1225 (a)(7), and 1325(a)(8) and (A)(9). Filed by James M Bach on behalf of Joseph S Ruda. (Bach, James) (Entered: 03/19/2007) 03/22/2007 37 Objection to Confirmation of Plan Second Amended Chapter 13 Plan Filed by David Allen Baric of O'Brien Baric and Scherer on behalf of Adams & Adams (RE: related document(s)27 ). (Attachments: #1 Proposed Order)(Baric, David) (Entered: 03/22/2007) 04/18/2007 38 Proceeding Memo confirmation hearing continued. Objection of Adams & Adams not resolved. Record made. Continued hearing to be evidentiary. Appearances: Robert Daily on behalf of Adams & Adams and Charles J. DeHart, III, Trustee. Non-Appearances: James M. Bach. (There is no image or paper document associated with this entry.) (RE: related document(s)37, 27 ). Confirmation hearing to be held on 5/22/2007 at 10:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (JG) (Entered: 04/18/2007) 05/21/2007 39 Motion to Avoid a Lien of RH Donnelley Publishing, the Patriot News, Metlife Auto & Home, Adams & Adams, Colby McCarren Filed by James M Bach on behalf of Joseph S Ruda. (Attachments: # 1 Proposed Order) (Bach, James) (Entered: 05/21/2007) 05/22/2007 40 Corrective Entry: previous attachment omitted/incorrect/incomplete Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)39 ). (Attachments: # _1 Proposed Order) (Bach, James) (Entered: 05/22/2007) 05/22/2007 41 Proceeding Memo re: Evidentiary hearing on Objection to Plan; held. Record Made. Objection resolved by the judicial lien to be avoided to the extent that it interferes with the homestead exemption. Counsel to submit revised order (as to Motion to Avoid Lien for Adams & Adams only). Case can be re-listed for confirmation hearing. Appearances: James Bach and David Baric. Non-Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s)[38], 37 ). (JG) (Entered: 05/22/2007) 05/23/2007 42 Order Dismissing Motion To Avoid Lien (RE: related document(s) 39 ). (DB) (Entered: 05/23/2007) 05/24/2007 43 Request to BNC - Notice of Rescheduled Confirmation hearing (RE: related document(s)[41 ] ). Hearing scheduled for 6/6/2007 at 09:30 https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_889_0-1 9/7/2007 .USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 7 of 11 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 05/24/2007) 05/26/2007 44 BNC Certificate of Mailing. (RE: related document(sW). Service Date 05/26/2007. (Admin.) (Entered: 05/27/2007) 06/01/2007 45 Amendment to Schedule A Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)1 ). (Bach, James) (Entered: 06/01/2007) 06/01/2007 46 Motion to Avoid a Lien of Adams & Adams Filed by James M Bach on behalf of Joseph S Ruda. (Attachments: # 1 Proposed Order # 2 Certificate of Service) (Bach, James) (Entered: 06/01/2007) 06/01/2007 47 Stipulation of Counsel Filed by David Allen Baric of O'Brien Baric and Scherer on behalf of Adams & Adams. (Attachments: # I Proposed Order) (Banc, David) (Entered: 06/01/2007) 06/05/2007 48 Objection to Confirmation of Plan to Debtor's Second Amended Chapter 13 Plan Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of JP Morgan Chase Bank (RE: related document(s)27 ). (Attachments: # 1 Exhibit A, Proof of Claim# 2 Exhibit B, Second Amended Chapter 13 Plan# 3 Proposed Order # 4 Certificate of Service)(Schalk, Joseph) (Entered: 06/05/2007) 06/06/2007 49 Order approving Stipulation by Counsel(RE: related document(s)4-7 ). (DB) (Entered: 06/06/2007) 06/06/2007 50 Proceeding Memo confirmation hearing called. Amended Plan to be filed within thirty (30) days. Objections sustained. Record made. Appearances: Charles J. DeHart, III, Trustee and Gary Imblum on behalf of JP Morgan Chase. Non-Appearances: James Bach. (There is no image or paper document associated with this entry.) (RE: related document(s)48, 37, 27 ). (JG) (Entered: 06/06/2007) 06/07/2007 51 Order Sustaining Objection to Plan. Debtor to file an Amended Plan within thirty (30) days; otherwise, upon certification of default, the case will be dismissed. (RE: related document(s)48 ). (DD) (Entered: 06/07/2007) 06/27/2007 52 Motion to Avoid a Lien of MetLife Auto & Home Ins. for Household Goods under Section 522(f)(1)(13)(i) Filed by James M Bach on behalf of Joseph S Ruda. (Attachments: # 1. Proposed Order # 2 Certificate of Service) (Bach, James) (Entered: 06/27/2007) 06/27/2007 53 Motion to Avoid a Lien of RH Donnelley Publishing for Household https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_889_0-1 9/712007 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 8ofII Goods under Section 522(f )(1)(B)(i) Filed by James M Bach on behalf of Joseph S Ruda. (Attachments: # 1 Proposed Order # 2 Certificate of Service) (Bach, James) (Entered: 06/27/2007) 06/27/2007 54 Motion to Avoid a Lien of Colby McCarren for Household Goods under Section 522(f)(1)(B)(i) Filed by James M Bach on behalf of Joseph S Ruda. (Attachments: # 1 Proposed Order # 2 Certificate of Service) (Bach, James) (Entered: 06/27/2007) 06/27/2007 55 Motion to Avoid a Lien of The Patriot News Company for Household Goods under Section 522(f)(1) fti) Filed by James M Bach on behalf of Joseph S Ruda. (Attachments: # 1 Proposed Order # 2 Certificate of Service) (Bach, James) (Entered: 06/27/2007) 06/28/2007 56 Order (RE: related document(s)52 ). (Metlife Auto & Home Ins) Answers are due on: 7/18/2007. (DB) (Entered: 06/28/2007) 06/28/2007 57 Order (RE: related document(s)53 ). (RH Donnelly Publishing) Answers are due on: 7/18/2007. (DB) (Entered: 06/28/2007) 06/28/2007 58 Order (RE: related document(s)54 ). (Colby McCarren) Answers are due on: 7/18/2007. (DB) (Entered: 06/28/2007) 06/28/2007 59 Order (RE: related document(s)55 ). (The Patriot News Company) Answers are due on: 7/18/2007. (DB) (Entered: 06/28/2007) 07/02/2007 60 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 8/2/2007 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 07/02/2007) 07/03/2007 61 Amended/Modified Plan (Post-Confirmation) Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)27 ). (Bach, James) (Entered: 07/03/2007) 07/05/2007 62 Notice to Filing Party (J. Bach) (RE: related document(s)61 ). (CG) (Entered: 07/05/2007) 07/05/2007 63 Objection to Amendment of [Third] Chapter 13 Plan Filed by David Allen Baric of O'Brien Baric and Scherer on behalf of Adams & Adams (RE: related document(s)61 ). (Attachments: # 1 Proposed Order) (Banc, David) (Entered: 07/05/2007) 07/05/2007 64 Stipulation to Cure Chapter 13 Plan Objection Amended (Third) Filed by David Allen Baric of O'Brien Baric and Scherer on behalf of Adams & Adams (RE: related document(s)63 ). (Baric, David) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_8890-1 9/7/2007 . USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 9 of 11 Modified to correct relationship on 71612007 (SP). Additional attachment(s) added on 7/9/2007 (CA). (Entered: 07/05/2007) 07/06/2007 65 Notice to Filing Party (D. Baric) (RE: related document(s)64 ). (KZ) (Entered: 07/06/2007) 07/06/2007 66 Corrective Entry: previous attachment omitted/incorrect/incomplete Adding the Proposed Order for the Stipulation to Cure Chapter 13 Plan Objection Amended (Third) Filed by David Allen Baric of O'Brien Baric and Scherer on behalf of Adams & Adams (RE: related document(s)64 ). (Banc, David) (Entered: 07/06/2007) 07/10/2007 67 Order approving Stipulation (RE: related document(s)64 ). (CK) (Entered: 07/10/2007) 07/25/2007 68 Certificate of mailing of notice sent by counsel Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)53, 57 ). Objections due by 7/18/2007. (Attachments: # 1 ORDER# 2 MOTION) (Bach, James) (Entered: 07/25/2007) 07/25/2007 69 Certificate of mailing of notice sent by counsel Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)54 ). Objections due by 7/18/2007. (Attachments: # I ORDER# 2 MOTION) (Bach, James) (Entered: 07/25/2007) 07/25/2007 70 Certificate of mailing of notice sent by counsel Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)55 ). Objections due by 7/18/2007. (Attachments: # 1 ORDER# 2_ MOTION) (Bach, James) (Entered: 07/25/2007) 07/25/2007 71. Certificate of mailing of notice sent by counsel Filed by James M Bach on behalf of Joseph S Ruda (RE: related document(s)52 ). Objections due by 7/18/2007. (Attachments: # 1.ORDER# 2 MOTION) (Bach, James) (Entered: 07/25/2007) 07/26/2007 72 Order Granting Motion To Avoid Lien on Household Goods under Section 522(f)(1)(B)(i) (RE: related document(s)53 ). (Attachments: # 1. Certificate of Service) (DB) (Entered: 07/26/2007) 07/26/2007 73 Order Granting Motion To Avoid Lien on Household Goods under Section 522(f)(1)(B)(i) (RE: related document(s)54 ). (Attachments: # 1 Certificate of Service) (DB) (Entered: 07/26/2007) 07/26/2007 74 Order Granting Motion To Avoid Lien on Household Goods under Section 522(f)(1)(B)(i) (RE: related document(s)55 ). (Attachments: # 1 Certificate of Service) (DB) (Entered: 07/26/2007) i i I https:Hecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_889 0-1 9/7/2007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 10 of 11 07/27/2007 75 Notice to Filing Party Q. Bach) (RE: related document(s)52 ). (DB) (Entered: 07/27/2007) 07/31/2007 76 Order Granting Motion To Avoid Lien on Household Goods under Section 522(f)(1)(B)(i) Met Life Auto & Home Ins.(RE: related document(s)52 ). (Attachments: # 1 Certificate of Service) (DB) (Entered: 07/31/2007) 08/08/2007 77 Withdrawal motion to dismiss material default Filed by Trustee (RE: related document(s)60 ). (dehart, III(ds), Charles) (Entered: 08/08/2007) 08/08/2007 78 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Ann E O'Donnell of Goldbeck McCafferty and McKeever on behalf of M&T Bank, et al.... (Attachments: #J_ Proposed Order # 2 Breakdown for MFR# 3 Certificate of NonConcurrence) (O'Donnell, Ann) (Entered: 08/08/2007) 08/08/2007 Receipt of Motion for Relief From Stay(1:06-bk-01882-MDF) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 2378747, amount $ 150.00. (U.S. Treasury) (Entered: 08/08/2007) 08/08/2007 FeeDueRFS flag removed. (CashReg) (Entered: 08/09/2007) 08/09/2007 79 Order (RE: related document(s)78 ). Answers are due on: 8/24/2007. Hearing scheduled for 9/5/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 08/09/2007) 08/10/2007 80 Motion for Relief from Stay with Certificate of Non-Concurrence. Filing fee due in the amount of $ 150.00 Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of JP Morgan Chase Bank, N.A., Successor by Merger to Bank One, N.A.. (Attachments: # _l. Proposed Order # 2 Post-Petition Payment History# 3. Certificate of Non-Concurrence) (Schalk, Joseph) (Entered: 08/10/2007) 08/13/2007 Receipt of Motion for Relief From Stay(1:06-bk-01882-MDF) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 2384178, amount $ 150.00. (U.S. Treasury) (Entered: 08/13/2007) 08/13/2007 81 Order RE: setting Answer and Hearing on Motion for Relif from Stay. (RE: related document(s)80 ). Answers are due on: 8/25/2007. Hearing scheduled for 9/5/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 08/13/2007) 08/13/2007 21 Certificate of Service Filed by Leslie E Puida of Goldbeck https:Hecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_889_0-1 9/712007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 11 of 11 McCafferty and McKeever on behalf of M&T Bank, et al... (RE: related document(s)78, 79 ). (Puida, Leslie) Modified on 812812007 to correct relationship (BW). (Entered: 08/13/2007) 08/13/2007 FeeDueRFS flag removed. (CashReg) (Entered: 08/14/2007) 08/15/2007 83 Certificate of Service for the Motion for Relief from Stay and Order Setting Hearing on Motion Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of JP Morgan Chase Bank, N.A., Successor by Merger to Bank One, N.A. (RE: related document(s)81., 80 ). (Schalk, Joseph) (Entered: 08/15/2007) 08/28/2007 84 Order Granting Motion for Relief from Stay (JPMorgan Chase Bank, N.A.)(RE: related document(s)80 ). (DB) (Entered: 08/28/2007) 08/2$Y 85 Order Granting Motion for Relief from Stay (M & T Bank) (RE: related document(s)78 ). (DB) (Entered: 08/28/2007) PACER Service Center Transaction Receipt 09/07/2007 14:20:04 PACER L n• Description: ' a0060 Docket Report Client lCode: Search Criteria: 1:06-bk-01882-MDF Fil or Ent: filed Doc From: 0 Doc To: 99999999 Term: included Format: Envy, Billable Rages: 6 0.48 https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?778279607903859-L_889_0-1 9/7/2007 ..1- IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JOSEPH S. RUDA Debtor Bk. No. 1:06-bk-01882 MDF JP MORGAN CHASE BANK, N.A., SUCCESSOR BY Chapter No. 13 MERGER TO BANK ONE, N.A. V. JOSEPH S. RUDA Respondent 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of JP MORGAN CHASE BANK, N.A., SUCCESSOR BY MERGER TO BANK ONE, N.A. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 65 DERBYSHIRE DRIVE, CARLISLE, PA 17013-0000, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(ax3) is not applicable and JP MORGAN CHASE BANK, N.A., SUCCESSOR BY MERGER TO BANK ONE, N.A. may immediately enforce and implement this Order granting Relief from the automatic stay. By tht Cowt, Dated: August 28, 2007 Movant 7ks document is eleebwatcagy stgud andjW on Ow sanp date. 41 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JOSEPH S. RUDA DEBTOR M&T BANK, SB/M FARMERS TRUST COMPANY MOVING PARTY VS. JOSEPH S. RUDA DEBTOR CHARLES J. DEHART, III ESQ. TRUSTEE CHAPTER 13 NO.1- 06-bk-01882 MDF 11 U.S.C. SECTION 362 AND 1301 ORDER Upon consideration of the failure of Debtor and the Trustee to file and Answer or otherwise plead, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under 11 U.S.C. Sections 362 and 1301 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. 11 U.S.C. Sections 362 and 1301 (if applicable), are modified to allow M&T BANK, SB/M FARMERS TRUST COMPANY and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriffs Sale regarding the premises 65 Derbyshire Dr. Carlisle, PA 17013 and a possessory action if necessary. Movant may, at its option, provide and enter into a potential forbearance agreement, loan modification, refinance agreement or other loan workout/ loss mitigation agreement. The moving party may contact the debtor via telephone or written correspondence to offer such an agreement. Dated: August 28, 2007 7* is doeumnt is skamnteaUy stged andfikd on OW sam date Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 05-3135-CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Jo h A. oldbeck, Jr. orney for plaintiff wYt ? cry??+? zr Y[ V O WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK s/b/m FARMERS TRUST COMPANY, Plaintiff (s) From ALMEDA M. RUDA and JOSEPH S. 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 $110,481.10 L.L. Interest from 7/26/05 to Date of Sale at 4.6590% Atty's Comm % Atty Paid $2,673.91 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 9/13/07 (Seal) BSI " P-. crma s R. Long, Prothono By: ?'? P, .. Deputy 61 d REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) MT-0715 CF: 06/17/2005 SD: 03/05/2008 $110,481.10 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: t?lty- J 4t' g . O. Personal Service by the Sheriffs Office/ ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, i?: Joseph A. Goldbeck, Jr. Attorney for Plaintiff aw -irk 00, ;v •. q?bti ry- ?, 0?? " t ?7 • i/4*1906 C' I U.7 °' 3 = cr , r ? v r -o = 16 v a 5 a ©°oo Z? N o tD ? Y ? N2 Y ? ? r t ??1 a r, ?63 6% C3 = r to D O ~ S 4 O Q p o { V p eG Z ry N a? Z ? j ? ets ' ?, a w Z? c3 ` us ? 118 too M O oa a ?o H b sa Y ?Q O 7 t Q v C C6 1 O r t{A6? 4 4i3 ? ?v ?. Q `N V N E 4 Cd aw N ? ? a a ?a? oa BQdik .. -0 I 1 a a 0000 W CL, N? I rut ,a Plot. r {a 13 54 ?rA a C4 3 °a N lu-I m L 'r 0 N a r; ei a. 06 06 ? "6 v LL. 0 i a 0 I? 4 4 i u Q `s IF GOLDBECK WCAFFERTY & McHEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 M & T BANK SB/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Dr. Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALMEDA M. RUDA 65 Derbyshire Drive Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 65 Derbyshire Drive Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 1710572675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 WM SPECIALITY MORTGAGE LLC 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92865 METLIFE AUTO & HOME INSURANCE ETAL P.O. BOX 668 WARWICK, RI 02887-0668 ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 RONALD & JOYCE TOMASCO 6 Cedar Rd. Carlisle, PA 17013 DONNELLY PH PUBLISHING 1615 BLUFF CITY HIGHWAY BRISTOL, TN 37620 COLBY M. MCCARREN 106 E. SPRINGVILLE RD. BOILING SPRINGS, PA 17007 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. 111 E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MEIXNER 14 Briarly Dr. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 BABS CURRAN 26 SHEPHERDS LANE NEW BLOOMFIELD, PA 17068 4. Name and address of the last recorded holder of every mortgage of record: ! BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 JP MORGAN CHASE BANK, N.A. 450 W. 33RD STREET 15TH FLOOR NEW YORK, NY 10001 . MANUFACTURERS AND TRADERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 MARK J. UDREN AND ASSOCIATES Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January28, 2008 G LDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff r-3- q i Y CP I- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CATHY R. THOMPSON, Plaintiff VS. No. 05-3145 DONALD L. THOMPSON, Defendant PLAINTIFF'S AMENDED INCOME STATEMENT I verify that the statements made in this Amended Income Statement are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Cathy R. hompson CATHY THOMPSON'S NOTICE OF PENSION COMMENCEMENT CONFIRMING INCOME PRBdz8700 Hwlsh rp PA 17105-8700 . 1 December 26, 2007 PINNACLEHEALTH Ms. Irene Atlas M&T Investment Group PO Bok 1377 Buffalo, NY 14240 RE: Notice of Pension Commencement Dear Irene: Please add the following member of PinnacieHealth to the pension program: Name: Cathy Thompson Address: 159771chabod Lane Shirleysburg, PA 17260 Social Security Number. 161-40-7794 Pension Amount: $591.40 Commencement date: January 1, 2007 Ms. Thompson has chosen the 50% Joint & Survivor Option. Her beneficiary information is as follows: Name: Donald Thompson Social Security Number. Date of Birth: 09109/45 P ;se let me know if you have any questions. 1o el, 1? Susan L. Timpedo Benefits Analyst Human Resources Department 717-231-8711 Cc: Cathy Thompson ' Cori McCormick s ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CATHY R. THOMPSON, Plaintiff : vs. No. 05-3145 DONALD L. THOMPSON, Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Plaintiff's Amended Income Statement was served by depositing the same with the United States Postal Service, postage prepaid, addressed to the following: Andrea Hudak Duffy, Esquire 513 North Second Street Harrisburg, PA 17101 DATED: _3-/6 -6 n r.> P17 ,?7 Cam. ? C` co GOLDBECK WCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 VS. ALMEDA M. RUDA JOSEPH S. RUDA 65 Derbyshire Drive Carlisle, PA 17013 Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-3135-CIVIL PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. ?P?? MICHAEL T. MCKEEVER, ESQUIRE 1-41 C c`? ?- co GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M. RUDA JOSEPH S. RUDA 65 Derbyshire Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OD CUMBERLAND COUNTY No. 05-3135-CIVIL PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. 40pevolvolozek- - MICHA L T. McKEEVER, ESQUIRE °„ 00 N M&T Bank s/b/m Farmers Trust Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Almeda M. Ruda and Joseph S. Ruda Writ No. 2005-3135 Civil Term Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 13, 2007 at 1545 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 M. Ruda, 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. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on December 12, 2007 at 1253 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: Joseph S. Ruda, by making known unto Joseph Ruda personally, at 65 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2008 at 1435 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 Almeda M. Ruda and Joseph S. Ruda located at 65 Derbyshire Drive, Carlisle, 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 defendants, to wit: Almeda M. Ruda and Joseph S. Ruda by regular mail to their last known addresses of 100 Pearl Drive, Carlisle, PA 17013 and 65 Derbyshire Drive, Carlisle, PA 17013, respectively. These letters were mailed under the date of January 8, 2008 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 letter of request from Attorney Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 2,036.15 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 14.40 Levy 15.00 Surcharge 30.00 Law Journal 503.00 Patriot News 503.72 Share of Bills 16.17 $3,180.44 ? ilJ1o/off' 9w So Answers- R. Thomas Kline. eriff BY Rea14E ta+eg nt t'a. C,L 4 3.2 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. ALMEDA M. RUDA JOSEPH S. RUDA (Mortgagor(s) and Record Owner(s)) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-3135-CIVIL M & T BANK S/B/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 65 Derbyshire Dr. Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALMEDA M. RUDA 65 Derbyshire Drive Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA -•17013 2. Name and address of Defendant(s) in the judgment: ALMEDA M. RUDA 65 Derbyshire Drive Carlisle, PA 17013 JOSEPH S. RUDA 65 Derbyshire Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DONNELLY PH PUBLISHING 1615 BLUFF CITY HIGHWAY BRISTOL, TN 37620 COLBY M. MCCARREN 106 E. SPRINGVILLE RD. BOILING SPRINGS, PA 17007 BANK ONE NA as assignee for California Lending Group, Inc. d/b/a United Lending Corp. 111 E. Wisconsin Ave. Milwaukee, WI 53202 MICHAEL & SHERRI DAVIS 23 Eock Rd. Boiling Springs, PA 17007 PATRICIA MEIXNER 14 Briarly Dr. Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 ADAMS & ADAMS d/b/a Adams & Gardner 901 Hillside Dr. Carlisle, PA 17013 RONALD & JOYCE TOMASCO 6 Cedar Rd. Carlisle, PA 17013 THE PATRIOT NEWS 812 Market St. Harrisburg, PA 17105 METLIFE AUTO & HOME INSURANCE ETAL P.O. BOX 668 WARWICK, RI 02887-0668 WM SPECIALITY MORTGAGE LLC 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92865 4. Name and address of the last recorded holder of every mortgage of record: JP MORGAN CHASE BANK, N.A. 450 W. 33RD STREET 15TH FLOOR NEW YORK, NY 10001 BANK ONE NA 10300 Kincaid Dr. Fishers, IN 46038 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 65 Derbyshire Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: September 11, 2007 O BECK McCAFFERT & MCKEEVER B : Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff 05-3135-CIVIL GOLDBECK MCCAMRTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff M & T BANK SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff Vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s; of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, JOSPEH S. JOSEPH S. RUDA 100 Pearl Drive Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK S/B/M FARMERS TRUST COMPANY 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 cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866413-2311 IN THE COURT OF COMMON PLEAS 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 05-3135-CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(cr,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 05-3135-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M & T BANK S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff vs. ALMEDA M. RUDA JOSEPH S. RUDA Mortgagor(s) and Record Owner(s) 65 Derbyshire Dr. Carlisle, PA 17013 Defendant(s; of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-3135-CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDA, ALMEDA M. ALMEDA M. RUDA 65 Derbyshire Drive Carlisle, PA 17013 Your house at 65 Derbyshire Dr., Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $110,481.10 obtained by M & T BANK S/B/M FARMERS TRUST COMPANY 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 cancelled if you pay to M & T BANK S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 05-3135-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff of 717-240-6390. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 05-3135-CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionngoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide right-of-way, which said point is more particularly located at the intersection of the westerly right-of-way line of Derbyshire Drive and the dividing line between Lots Nos. 66 and 67 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire lots 40-73"; THENCE from said point beginning in a southeastwardly direction along the westerly right-of- way line of Derbyshire Drive, along a curve to the left having a radius of 325.00 feet, an arc distance of 66.11 feet to an iron pin on the westerly right-of-way line of Derbyshire drive; THENCE from said point continuing along the westerly right-of-way line of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an iron pin on the dividing line between Lots Nos. 65 and 66 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 65 and 66, south 56 degrees 18 minutes 36 seconds West, a distance of 125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village, north 32 degrees 00 minutes 46 seconds west a distance of 115.61 feet to a concrete monument on the dividing line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 66 and 67, north 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to building setbacks as set forth on the above mentioned plan, being a 30 feet from setback line, a 40 feet rear setback line, and 10 feet side setback line. BEING the same premise which Craig E. Dallmeyer, by his Attorney-in-fact, William A. Duncan, by Deed dated May 13, 1994 and recorded in the Cumberland Recorder of Deeds Office on May 16, 1994 in Deed Book 105 Page 496, granted and conveyed unto Joseph S. Ruda, single and Almeda M. Ruda, mother. TAX PARCEL #: 40-09-0533-060 MUNICIPALITY: SOUTH MIDDLETON TOWNSHIP PROPERTY ADDRESS: 65 DERBYSHIRE DRIVE, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-3135 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK s/b/m FARMERS TRUST COMPANY, Plaintiff (s) From ALMEDA M. RUDA and JOSEPH S. 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 $110,481.10 L.L. Interest from 7/26/05 to Date of Sale at 4.6590% Atty's Comm % Due Prothy $2.00 Atty Paid $2,673.91 Other Costs Plaintiff Paid Date: 9/13/07 C rtis R. Long, Prothonota (Seal) By; &-bl& 8-10- 4A4 Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 21 On October 31, 2007 the Sheriff levied upon the defepdant's interest in the real property situated in ou f Middleton Township, Cumberland County, PA Knov5-n and numbered as 65 Derbyshire Drive, Carlin, more fully described on Exhibit "A" C;R CVZ filed with this writ and by this reference 0' incorporated herein. G?@ Date: October 31, 2007 By: Jc.c -1 S Real Estate Sergeant REAL ESTATE BALE NO. 21 Writ No. 2005-3135 Civil M & T Bank s/b/m Farmers Trust Company vs. Almeda M. Ruda and Joseph S. Ruda Atty.: Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide right-of-way, which said point is more particularly located at the intersec- tion of the westerly right-of-way line of Derbyshire Drive and the dividing line between Lots Nos. 66 and 67 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire lots 40-73"; THENCE from said point beginning in a southeastwardly direc- tion along the westerly right-of-way line of Derbyshire Drive, along a curve to the left having a radius of 325.00 feet, an arc distance of 66.11 feet to an iron pin on the westerly right-of-way line of Derbyshire Drive; THENCE from said point continu- ing along the westerly right-of-way line of Derbyshire Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 29.06 feet to an iron pin on the dividing line between Lots Nos. 65 and 66 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 65 and 66, south 56 degrees 18 minutes 36 seconds West, a distance of 125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Vil- lage; THENCE from said point along the easterly property line of other lands of Mayapple Village, north 32 degrees 00 minutes 46 seconds west a distance of 115.61 feet to a concrete monument on the dividing line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots No. 66 and 67, north 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to build- ing setbacks as set forth on the above mentioned plan, being a 30 feet from setback line, a 40 feet rear setback line, and 10 feet side setback line. BEING the same premise which Craig E. Dallmeyer, by his Attorney- in-fact, William A. Duncan, by Deed dated May 13, 1994 and recorded in the Cumberland Recorder of Deeds Office on May 16, 1994 in Deed Book 105 Page 496, granted and conveyed unto Joseph S. Ruda, single and Almeda M. Ruda, mother. TAX PARCEL #: 40-09-0533- 060. MUNICIPALITY: SOUTH MIDDLE- TON TOWNSHIP. PROPERTY ADDRESS: 65 DER- BYSHIRE DRIVE, CARLISLE, PA 17013. 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_:_ January 25, February 1 and February 8, 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. SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2070 W'he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4e}latriot 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 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 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: 01/30108 4 XMvr'J,I?-?_ Sworn to ant scribed beforeOe tFjrs' '25 ?4* iqPf gbruary, 2008 A.D. Notary Public 02106/08 02/13/08 COMMONWEALTH OF :'ENN SYLVAMA NoLanai .:° . ! shsme L. Kisner :26,2011] ?YOt Nar?b?rn: '? a+?!n My COMM111M i,:: Member, Pennsylvania r1; jcjan of Notaries REAL ESTAOM SALE NO. 21 > W"t NO.2SO 36 Clod Term M & T 8s1tit a16ftP0Mft Toast comperw VS Almelo M. Rude and Joseph S. Ruda Attorney JOSeph C aMbeek DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pemylvan* .more particularly bounded and described as follows: BEGRMG at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide right-of-way, which said point is more particularly located at the intersection of the westerly right-of-way line of Derbyshire Drive and the dividing line between Jots Nos, 66 and 67 m the Pion of Lets known as "Fine? Plan for Mayapple Village. Derbyshire lots 4043" THENCE from said point beginning in a southeastwatdly direction along the westerly; right-of-way line of Derbyshire Drive, along a c9m to the left having a radius of 325.00 feet, an arc distance of 66.11 feet to an iron pin on the westerly right-of--way line of Derbyshire drive; HPNCE bum said point continuing along the weskdy right-of-way line of Derfiyslpre Drive, South 33 degrees 41 minutes 24 seconds east, a distance of 24.06 feet to an iron pin on the dividing line between 'Lots Nos. 65 and 66 on the aforesaid Plan of Lots; thence from said point aging the dividing line between Lots No. 65 and 66, south 56 degrees 18 minutes 36 ,.Vey West, a distance of 125.00 feet to an itbn pin on the easterly property line of other Inds of Mayapple Village; THENCE from said along & easterly property line of other of Mayapple Village; THENCE from said poirrt dung die easterly property line of other lands of Mayapple Village, north 32 degrees 00 minutes 46 New& west a distance of 115.61 feet to a concrete monument on the diving line between Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said porn along the jtviding line between Lots No. 66 and 67, north 65 degrees 32 minutes' 12 seconds east, a distance of 130.00 feet to an iron pm, the PUM Of BEC NNIblo. UNDER AND SUBJECT to building seftcb as set forth do the above mentimW plan, being a 30 feat from setback line, a 40 feet rear setback. line, ad 10 feet side setback line. BEING the sauce premise which Cra% E. Dallmeyea, by his Attorney-in-fact, William A Duncan, by Deed dated May 13, 1994 recorded in the Cmberiand Recorder of D1 lice m May 16,1994 in Deed Book 105 Page .M36, granted and conveyed unto Joseph S. Ruda, single and Almeda M. Ruda, mother. TAX PAR(. #: 40-09-033.066 AIUDIICIPAL]TY: SOLrgi . MII}DUTON TOWNSHIP PROPEFIT ADDRESS: 65 DERAW" '.1RIVE,CAKXJF, PA 17013