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HomeMy WebLinkAbout01-03676 , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES vn, INe., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQ1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 505 SOUTH MAIN STREET, SUITE 6000 ORANGE, CA 92868 TERM Plaintiff NO. 01-- 3~ 7r..- ~~ v. CUMBERLAND COUNTY WILLIAM L. BUTTERMORE, NK/A WILLIAM L. BUTTERMORE, JR. 327 WEST RIDGE AVENUE CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA YE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may 10se money or property or other rights important to you. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNfY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717)249-3166 Loan #: 0010274298INXW IF 1'HIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIDS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAJlNT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, NA AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQI UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH I, 1999 505 SOUTH MAIN STREET, SUITE 6000 ORANGE, CA 92868 2. The name(s) and last known addressees) of the Defendant(s) are: WILLIAM 1. BUTTERMORE, A/KJA WILLIAM 1. BUTTERMORE, JR. 327 WEST RIDGE AVENUE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1/27/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERlQUEST MORTGAGE COMPANY which mortgage IS recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1516, Page 984. By Assignment of Mortgage recorded 1/24/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 636, Page 462. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit" A." .., v ,.-1 "0" r.i' ,-;~ '. 'C. ~- "",,,,..,;,,,,;,,,;,,: '= "\ 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1100 through 6/1/01 (per Diem $19.84) Attorney's Fees Cumulative Late Charges 1127/99 to 6/110 I Cost of Suit and Title Search Subtotal $59,584.00 4,840.96 3,000.00 296.00 550.00 $68,270.96 Escrow Credit Deficit Subtotal 0.00 3.487.23 $3.487.23 TOTAL $71,758.19 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice( s) attached hereto as Exhibit" A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant( s) in the sum of $71,758.19, together with interest from 6/1101 at the rate of$19.84 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~ederman FRANK FEDERMAN, ES Attorney for Plaintiff c~iM".J . "I l' ~~ .' . - - "" ..1 ~< 2,!!lirji~"'."''' Ameriquest Mortgage Company 505 South Main St., Suite 6000 Orange, CA 92868-4509 March 21. 2001 45fDemcr6 William L. Butlermore 327 W. Ridge St. Carlisle PA 17013-4011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Loan Account No: Property Address: Original Lender: Current Lender/Servicer: SfA'ffiMFNTS OF POI ICY 0010274298 327W Ridge Avenue, Carlisle PA 17013 Ameriquest Mortgage Company Arneriquest Mortgage Company nns F1RM IS A DEBT COll.EClORATIEMPTING 10 COILECI' A DE6T. nns NOTICE IS SENT 10 YOU IN AN A11'EMPI'TO COlLECf THE 1NDEJmIDN]jSS,REEERREf) 10 HEREIN AND ANY INFO. . ,", RMAD.' .ONOBTAINED. " FRi, . OMYOU, WIlL, BE, USED,FOR TlJATPURI'OSE. IF. YOU HAVEPREV!OUSLYRECEIV:EJ) A DISCHARGE IN ~ .THIS CORRESPoNDENCE IS NOT ANDSIDI.JIDNOTBE CONSTRUED TO BE AN ATIEMPT TO COUECf A DEBT, BUT ONLY ENFORCEMENT OF AllEN AGAINST PROPERlY. This is an official notice that the mo e on our home is indefaul and the lender intends to or ose. I C1 or on u ena eo e a IS rovI m ea ac es. To see if HEMAP canhWou must MEEr WI1HA CONSUMER CREDIT COUNSELING A(;ENCY WITHIN 30 D .' , O}<' '1m: DAlE o.}<' 'IHIS NOTK'E Take this Notice with you when you meet With the OlunseImg Agency. The nam address and hone number of Consumer Credit CounseUn oun are IS. a e en 0 s C,e. ou ve an ~. IiIl 01I Ivania usmnance en 0 ee ersonsWl Imt 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 rontact an attorney in your area. Thelocal. bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTTNUAR vrVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMlR SU HIPOTECA. EXHIBIT A ,_"O~'_>O_ -'- " '. ..- =L~ I ~~I "'=~_ .,", "' .~ '~~~..1L-i~1im'i 45 HOMEOWNER'S EMERGENCY MORfGAGE ASSISTANCE PROGRAM YOU MAY BE EllGlBLE FOR FINANCIAL ASSISTANCE Wl:U.l.:tt CAN SA V~ YUlJAlltJN:lliJ,flIDM "'l;;!$L1.JJlSlJ~AND HELP YOU MAKE FUIUREMORIGAGEPAYMENfS IF YOU COMPLY WITH lHE PROVISIONS OF TIIE HOMEOwNER'S EMERGENCY MORfGAGE ASSISTANCE ACT OF 1983 (1HE "ACI"~, YOU MAY BE EUGlBLE FOR EMERGENCY MORIGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUM5TANCES BEYOND YOUR CONlROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORIGAGE PAYMEN'IS, AND IF YOU MEET 0lHER EUGIBILl'lY REQUIREMENlS ESTABlISHED BY lHE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECIDSURE- Under the Act, you are entitled to a te~orary stay ot toreclosure 0n your mortgage tor thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face mIVi~~:,AN. with o!le, of., the c.o. ns.umer credit counWtf.&l' agencies listed at the end of this NoticellBS .. . ,G MUST OCClJRWlTHIN lHE NEXT '. god DAYS. IF YOU DO NOT APPLY tOR EMERGEN~YMORf{jAUE ASSISTANCE YOU 81 BRING YOUR MORlGAGE UP.'lO DAlE. 'lHE PARIOl< ,tHIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MOKIGAGE UP 1'0 DAlE. CONSUMER CREDIT COUNSEI1NG AGENCIES - If YOU meet with one of the consumer credit counselm a encles listed at the endot thIS notice the lender ma NOT take actIon a mnst you or t I .a saer t e ate 0 t IS meetm. e names, resses an te e one numbers o eSI. a e consume cre I counse, n a encles or e cou,n m w lC e ro er Y IS oca e are se or a e en 0 IS 0 Ice. IS on y necessary 0 sc e u e one ace-to-face meetmg. AdVIse your lender ImmedIately of your intentions. APPUCATIONFORMORIGAGEASSISTANCE- Your mortgage is in a default for the reasons set torth laterm thIS Notice (see tollowmg pages for specific mformation about the nature of your default.) If you have tried and are unable to resolve this problem. with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner'st:mergency ASSIstance Program Application with one of the designatea consumer credit counseling agencies listed at the ena of thIS 'Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete apphcation to the Pennsylvania Housing Finance Agency. Your application MUST be fired or postmarked within thirty (30) days of your face-to-face meeting. . YOU MUST FllE YOUR Al'PlICATIONI'ROMYILY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOILOWlHE 0lHER TIME PERIODS SET FORm IN nns IEllEN, FORECLOSURE MAY PROCEED AGAINST YOUR HOMElMMEDlAlELY AND YOURAPPllCATION FOR MORIGAGE ASSISTANCE WIlL BE DENIED. AGENCY ACITON - Available funds for emergency mortgage assistance are very limited. They will be dISbursed by the Agency under the eligibihty criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proqeedings ~ll be ,Pursued against you ify<?u have .met t):re time requirements set forth above. You WIll be notified drrectIy by the Pennsylvama Housmg Fmance Agency of its decision on your application. NOlE: IF YOU ARE CURRENILY PROTECIID BY lHE FILING OF A PUIlION IN BANKRUPICY, lHEFOILOWING PARr OF nns NonCE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATIEMPf TO COLLECf lHE DEBT. (If you have filed bankruptcy you can still apply for Emergency MJrtgage Assistance.) EXH,efr A ~ ~ -~'.=~,-~ " . . ~~~~il' 45 March 21, 2001 Loan Number: 0010274298 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date). A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: 11/01/00 thru 03/21/01 Monthly Payments plus late charges or other fees: $5433.95 Total Amount to Cure Default: $5433.95 B. YOUHAVEFAlLED lO TAKE lHEFOll.OWING ACIIONS ffi!! not use if not anDlicable): N1A HOWlO CURE lHEDEFAULT - You may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING 1m; lVIAL AMOUNT PAST DUE lO lHE LENDER, wmCHIS $5433.95 PLUS PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certilied check or money order made payable and sent to: Ameriquest Mortgage Company 505 South Main St., Suite 6000 Orange, CA 92868-4509 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE lHE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date at thiS Nolice, the lender mtends to exercise its ri tsto accelerate the mort e debt. This means that the entire outstan mg alance of t IS e t WI e consldere ue Imme lately an you may lose the chance to {lay the mortgage in monthly installments. If full payment of the total amount past due is not made withm THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mol1llage property. IF lHE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay oft 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 mcurred, 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 to the lender, which may also include other reasonable costs. If you cure the default within the 1HIRIY (30) DAY period, you will not be required to pay attorney's tees. OIHER LENDER REMEDIFS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RlGHI'lO CURE lHE DEFAULT PRlOR lO SHERIliFS SAIE- If you have not cured the default Wlthm the '] HIRrv (30) VA V penod and foreclosure proceedmgs have begun, vou still have the right to cure the default and revent the sale at an time u to one hour. before the Sheriff s Sale. You ma do so a' t e total amount t en ast due us an ate or ot er char es t en due reasona e attorne 's ees an costs eonneete WIt t e oree osure sa e an' an at er costs con'n,ecte WIt t e -en seas eel Ie m wntm teen:, er an er ormm an, at ,et re UITements un er t e mort e. urll~,g your aIDe manner se 0 ID S no ce WI r ore your mo 0 e same JIOSI on as If you had never defaulted.g EXHIBIT A ~i- 45 EARLIEST POSSIBlE SHERIFFS SAlE DAlE - It is estimated that the earliest date that such a :Shentt's :Sale .ot the. mortgag~d proj:1erty could be held would be aJ:lproximately SIX (6) MONTHS from the date of this NotJce.A n011ce of the actual date of the Sheriff's Sale will be sent to you before the sale. Of cO\lrse, the amount needed t.o cure the default \Yill increase the longer you wait. You may find out at any tJme exactly what the reqUIred payment or actIOn will be by contacting the lender. HOW 10 CONTACT TIlE LENDER: Ameriques! M1rt,gage Comwwy 565 South Mai1l1 St., Suite 6000 Orang~_ CA 92868+4509 Phone Number 800430-5262 x 5812 Fax Number 714-242-1903 EFFECf OF SHERIFFS SAlE - You should realize that a Sheriff s Sale will end your ownership of the mortg,agea propenr ana your right to occupy' it. If you continue to live in the property after the Sheriff S 'Sa1e, a la\;VsuI to remove you and your furnIshmgs and other belongmgs coul<! be started by the lender at any tIme. ASSUMPTION OF MORTGAGE - You mayor X may not sell or transfer your home to a buyer or transteree. 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 tne mortgage are satIsfied. YOU MAY ALSO HAVE TIlE mGHI': TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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 OCCURRE~." IF YOU CURE THE DEFAULT. (HOWEVER'rYOU DO NOT HAVE THIS RIGHT TO\.-uRE YOUR DEFAULT MORE THAN THREE IMES 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS A IT ACHED Very truly yours, Ameriquest Mortgage Company Cc: Ameriquest Mortgage Company Attn: Collections Depar1ment Loan Number: 0010274298 Mailed by 1st aus Mail and by Certified Mail EXHIBIT A lilj'~""'- ~~" .-' ,,~ _ l;.li/iI;.a:~i'J 45 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORIGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSEUNG AGENCIES (REV. 8/00) ~~mum:Y CCCS of Weslern Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX# (717) 541-4670 Financial Cuunsding St=rvic~s uf Franklin 31 West 3rd Street Waynesboro, P A 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 YWCA of Carlisle 30 I G Street Carlisle, PA 17013 (717)243-3818 FAX# (717) 731-9589 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX# (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, P A 17325 (717) 334-15l8 FAX (717) 334-8326 EXHIBIT A " ldlliit.<:L. , ~ ~, , .J ~ . " '"""'4:t<\l!t!J!<': All that cenain lot of land with improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known and designated as Lot No. 14. Block B, Elwood Plan of Lots last revised October 28. ] 970. by n. P. Raffensperger and recorded in Plan Book 22, Page 18, in the Office of the Recorder of needs for Cumberland County, Pennsylvania, BEING 327 West Ridge Street, Carlisle. Pennsylvania. BE]NG the same premises which Carlisle Opportunity Homes. Inc. conveyed to William L. Buttermore and Harriet L. Buttermore. husband and wife, by deed dated October 7, 1971 and recorded October 7, 1971. in need Book 24 I 124. William L. Bunermore deceased lune 4, 1992, at which time Harriet L. Buttermore became seized of the premises in fee simple. SUBJECT to restrictions and conditions of record. This is a conveyance from mOlher to Son and is exempt from realty transfer tax, And Grantor does hereby covenant and agree that she will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, Grantor has hereunto set her hand and seal the day and year first above written. " ; J " ," '" "'"<'1"'- ""'''Wi~.'', VERIFICATION Priscilla Clark hereby states that he/she is Foreclosure Specialist of mortgage servicing agent for Plaintiff in this matter. that he/she is authorized to take this Verification, and that the statements made in the foregoing civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: LQ\I\O \ 'f~~ priscilla Clark, Foreclosure Specialist ~i~_~&~lJi:l;,jJH:;j\"';~(!iillii,<m~,,,,*;!i!.;;;fuir!B!'\1R!li0M!-j':::"'l;Mh;";ob,,,,.;.,,,;:1Bi,:l'l'S;ik~~ ,> ~ ~!Iiill'~' -r~>>~i!J ;'LJ[~;~J)l1 _0 '< -,,~--~,~-,'~ <~"~ .,,'~. ., . '^-~ .,,- ~~" ~ ,""" h"J,';; ",~,,,-,:',;, ,. 1idiIiIii"' " ~ ~ ~ ~ - }' -.. p ~ _. ~. ~ D! (') 0 ~ C <...Jol s: L- \jv -"> ""'OtT"! ,- ~. mr"'::' ;;i z ,; ~ r .,l,,- -.J ~J ~ ~~. ~ S>\ ~ :C-'l> <.f\ ZO ::rc ()' C:" -c )>c' Z =<! .:..;> ~" '""';] . @ (") -TI ,~ ',--n :i~ (j ~i? ,-----. ~":,~i;i; ,-" ' c-l ~15 -< ~ '- ~--~'-,~ . , i-'j .j ~:" ' '.'. " ".' . "tllIl "~' w~ '~"'-'~,,' SHERIFF'S RETURN - REGULAR CASE NO: 2001-03676 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA ETC VS BUTTERMORE WILLIAM L ETC CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUTTERMORE WILLIAM L JR the DEFENDANT , at 1918:00 HOURS, on the 27th day of June , 2001 at 327 WEST RIDGE AVENUE CARLISLE, PA 17013 by handing to WILLIAM L BUTTERMORE 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 Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: r-~~ R. Thomas Kline tw 19 - day of 06/28/2001 FEDERMAN & PHELAN -/;;; By, ~~2~ Sworn and Subscribed to before me this ~ ~I A.D. ~Q~.~ othonotary I ~ "~~-' , ~~--~, L '" < -, 0 lil\'"" ~" '," "I ,v~ '~Y. " , '. ., ,'< ,. .... FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC FLOATING RATE MORTGAGE PASS THROUGH CERTIFICATES SERIES 1999-AQl UNDER THE POOLING AND SERVICING AGREEMENT DATED AS MARCH 1, 1999 505 SOUTH MAIN STREET SUITE 6000 ORANGE, CA 92868 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CML DIVISION : NO. 01-3676 CML Plaintiff VS. WILLIAM M. BUTTERMORE AlK/A WILLIAM L. BUTTERMORE, JR. 327 WEST RIDGE A VENUlE CARLISLE, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against WILLIAM M. BUTTERMORE AlK/A WILLIAM L. BUTTERMORE, JR., Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $71,758.19 Interest 6/1/01 TO 8/2/01 $654.72 TOTAL $72,412.91 I hereby certify that (1) the addresses of the Plaintiff d D dant(s) ar and (2) notice has been given in accordance with Rille 23 . ,co ached. FEDE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.c, ""JJ' () fi..~ DATE:J~OOI 1/\ () . . ~ PROR "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .* -' ._" . """'" ".~~,~ ;"",' " ~, .n.-.l[~l':..' FE1:>ERMAN AND PHELAN BY: FRANKFEDE~,ESQUffiE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ~) 'i1i1-7000 WELLS FARGO BANKS N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA N.A. AS TRDSTEE OF SALMON BROTHERS MORTGAGE SECURITIES VII INC. FLOATING RATE MORTAGGE PASS THROUGH CERTIFICATES SERIES 1999 AQ1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 2001-03676 Plaintiff vs. Defendant(s) WILLIAM BUTTERMORE A/K/A TO: WILLIAM L. BUTTERMORE , JR. 327 WEST RIDGE AVENUE CARLISLE, PA 17013 ~!: ~ WILLIAM L. BUTTERMORE, JR. DATE OF NOTICE: JULY 18. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE. USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for plaintiff ,,> ~ ~~ " " , "l."",=~~~ ""J ~, . 0" ........" SHERIFF'S RETURN - REGULAR CASE NO: 2001-03676 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA ETC VS BUTTERMORE WILLIAM L ETC CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUTTERMORE WILLIAM L JR the DEFENDANT -, at 1918:00 HOURS, on the 27th day of June , 2001 at 327 WEST RIDGE AVENUE CARLISLE, PA 17013 by handing to WILLIAM L BUTTERMORE 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 Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 ~~.,<:~-# T R. Thomas Kline 06/28/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this day of A.D. Prothonotary <<,,,~~'~"--~V' ~~. ~~ '"""", ~ . -." --~,[,-; ~ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO BANKN.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC FLOATING RATE MORTGAGE PASS THROUGH CERTIFICATES SERIES 1999-AQl UNDER THE POOLING AND SERVICING AGREEMENT DATED AS MARCH 1, 1999 : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 01-3676 CIVIL Plaintiff vs. WILLIAM M. BUTTERMORE A/KIA WILLIAM L. BUTTERMORE, JR. Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of1940, as amended (b) that defendant WILLIAM M. BUTTERMORE A/KIA WILLIAM L. BUTTERMORE, JR. is over 18 years of age and resides at 327 WEST RIDGE AVENUE , CARLISLE, P A 17013. ( c) that defendant is over 18 years of age, and resides at 327 WEST RIDGE AVENUE, CARLISLE, PA 17013. This statement is made subject t to unsworn falsification to authorities. FRANK FED Attorney for Plaintiff ~, '-'1. ""' ., '0 .' ^~ ~ ~ ~ ' ~~~~"" . (Rule of Civil Procedure No. 236 - Revised) WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES vn, INC lFLOATING RATE MORTGAGE PASS THROUGH CERTIFICATES SERIES 1999-AQl UNDER THE POOLING AND SERVICING AGREEMENT DATED AS MARCH 1, 1999 : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 01-3676 CIVIL Plaintiff vs. WILLIAM M. BUTTERMORE AlK/A WILLIAML.BUTTERMORE,nL Defendailt(s) Notice is given that a Judgment in the above captioned matter has been entered against you on ~ ,20110. ,3l, Y 31, <QOOI By ~d (^)~(O[)~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~~~;1'Ii,,;j1~i ,]''.''4:.'.'''H+'!,tUd'l!g'1:illn(h'~J-i~1:i1b3,~",~,;;;;,'i<<,4,,'',ti6j,Fc'i;l~/''-'';;!<9'i,,,,,oi'1i':'~,i!'Jt.i;,~jI.1l!i~:''''''''-~"'<-'k<O't'itl~!:ll!!~-i1i:~~'i';!""...!'P"iilli'M{J'#Sj.Ui~ .ll'f''- ~~"~u~.~ JUlrnnr ~ ~ 1: nS? ~ c. , .i\- t4- -D P '=r: D ' ) () " ~ -l -".' ~ ...c. ......D ~ J) ~ ~ ~ rj - , .. .-.\ .-j ~ ~ U ~ -t? :5' (\) <i--"" ? " , '" ',,0, ~" .~" _ _~~, ~.... P,.'" "'>" "'''"'~',,-'''''~~'C'''W'''> ~o ~,' __~, .~, ~ -~ " '~,~ ~. - " ""'~1IOLi'i '" , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES vn, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 Plaintiff, CUMBERLAND COUNTY No. 01-3676 CIVIL v. WILLIAM L. BUTTERMORE, A!KIA WILLIAM L. BUTTERMORE, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $72,412.91 Interest from 8/2/01 to 12/5/01 (per diem - $11.90) $1,487.94 and Costs TOTAL $73,900.85 RANK FEDE ONE PENN CE SUITE 1400 PHILADELPH Attorney for PI , ESQUIRE ER at SUBURBAN STATION Note: Please attach description of property. No. rj~l&WI>W..:-@ii:-llit";;",,,,,;:d;;;,:e-"''':~;''!':~'',",''<I1~jOl''~:,,,,j;\~r'il.jj;:,',Cii.';..;;"b,(.'i'" ;"""=::""jo'B""M"~,,,{,,'~~1ci'it~~~l;i~l!i~1l!~'lliil;.i;gI",t'"Mi@"'"g~",-;JB'1~~';"ll&~r "",,'," ~ l_1liBJjjjJ"-~~ ,~""""',,', roo.~ O~ 00> ~~ ....:100 ~Z Zz O~ ~~ O~ uz roo.~ 00 Eo<U ~I::l ~Z 0< U~ ~~ ~~ Z~ ...U 00 d., roo. <"-l ~rh~ 0 ... .~UOO...... 00 OO"'<~Z<OOI::l< <t:i="'~~~1::l <~<~=q:s;l~i:l i~Eo<~><~z< ~~~=f'j~rn~l::l~ ~~~~~~i:l8~~ =~Z~>ZiO<~~"" o><~o~~u~~= ~=u~~~5==~ ~~"'ooooEo<Eo<Eo<i::.::"" roo.o~roo.o~~~~~~ 0000= '-'n, I::l"'" ....:IOOEo<~<'-'Uz~ ....:ItJoo~~~=~z ~uf:01Eo<~Eo<~......u ~~~gso~~O'> oo~~~s~<~ Z Eo< 00 .; .. ~ ... ~ o ~ ~ Eo< Eo< ~ = J ~ ....:I ....:I ... ~ ~ ~ o ~ ~ Eo< Eo< ~ = J ~ ... ....:I ....:I ... ~ (,;,oJ"" ,,;;:,~ ""[ ;.JJJJlJ"~,, ,,,~,,,,,",;~~,,,,,"'~,;,~',"',>->1,"'~," "'",,,,,,,,~c,,,,^,, ,. ,",;: 1",<1' "r'" _, , '".., """"">...,,,,, ~" ,,,--", , z o ... Eo< ~ U ~~ ~ = '" roo. 0 0'Cj ... Eo< ... ;l~ ~~ ~gs., ot: roo. 0 ~~ ~'-' ... U ~ ~ ~ ,.- "",...,':,! r , "" ...... <:> ..... ...... < ~ r4' ....:I 00 ~ U ~ z 5 ~ ;l Eo< 00 ~ ..... N "" -d <1) i:: <1) '" <1) .n ~ S ~ g- 'p, <1) .... <1) ~ '" ~ "'0 < rn!J ~,' ~- ,', ~"" '_ ,J ",; ^ ""'<<""'-y, " , ALL THAT CERTAIN lot of land with improvements thereon situate in the BoroJlgh of Carlisle, Cumberland County, Peimsylvania, known an~ designated as Lot No. 14, Block B, Elwood Plan_ ~~. Lots last revised October 28, 1970, by D.P. Raffensperger and recorded in Plan Book 22, Pa~ in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. . BEING 327 West Ridge Street, Carlisle, PennsYlvani~ Parcel #04-22-0483-~' TITLE TO SA.ID PREMISES IS VESTED IN William L. BJlttermore, Jr. by Deed from Harriet L. BJlttermore, wIdow dated 11/10/95, recorded 11/13/95, m Deed Book 131, Page 83. ~ ",., i . ~ '."'~ ". "'!iii~~ JiI~jf~''#!~~~Wm\!!''''I~i!@.lt,~({~Wli.i6j-;i.i'L''''''of:."''!-;O~,,,,,,,-;f;''''-~',L_""iii1';WOOi_1ija ~ ~~' '~''''''--''llllr 'jlm1""""Oik::I~ ',--, , "'. , ~, J' , -- ~ "<l ~ , () ~ ....0 ~ ...... ~ (J IN , ~ :'- .~ 0 ~ 2 d 0 0 g 0 -'n 8 '" "- 0 c 0 ..-,\ () ;g: (/) -:c..,., jf1 I~n~ ! I j , -o~ -0 '.'08 ""- ....... ~~ ~::D '--'j ""- ~ }: ~ &;~ 0 {)t.J 6"- -:-J:D ::..::"" 1_ " W " , " " ~C ;; ;J~ "-0 " , , , p:-{) :~-ffl -- %8 0 --< q 1.0 ---1 , J:>C ., ~ " ~f- , , "' ~ U'\ .., .., .., 0 ~ , ~~ , LlUI, 'H ~'. ~ ,-<"--","",,,,,,,,,,,~,,,,= ~ ,",~ . ,,~, ,~ ~~ .> ~~" u ,. - 11& "g .~ ~, " " .,,1 J " '---,1. ~lr5aM1H"~ ..... .... WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INe., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 CUMBERLAND COUNTY COURT OF COMMON PLEAS ClVIL DIVISION NO. 01-3676 ClVIL Plaintiff, v. WILLIAM L. BUTTERMORE, AIKIA WILLIAM L. BUTTERMORE, JR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANKN.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC.. FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999- AOl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1. 1999 ,Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property 10cated at 327 WEST RIDGE AVENUE, CARLISLE, P A 17013 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) WILLIAM L. BUTTERMORE, A/K1A WILLIAM L. BUTTERMORE, JR. 327 WEST RIDGE AVENUE CARLISLE, P A 17013 2. Name and address of Defendant( s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAWN CONVERSIONS INC. 1445 HOLLY PIKE CARLISLE, PA 17013 ~,_. ~. ,,1 .,L " .... ~'" , <'.',.'t !"~-.i<'l;!!fu;.r"'\\'tf, ~~ '4 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address caunot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address caunot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address caunot be reasonably ascertained, please so indicate.) Tenant/Occupant 327 WEST RIDGE AVENUE CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 1. 2001 DATE F FEDE ttorney for Plain ff ~_-ftill1;tMu<~'!1Ii'lAci}iliL'4i'i"'6';li,'""j;;,,~~~l''''-I'-,,';i':ra'''<~'-Wi*,IJ,>;;'"~"",L"L~00l':>;"";-i",~";.,;;,,,,,,,,,0j,!i""<~,'&!;,%f.,ji~~*~~-?I>ilimt-lit'*'"*i~"q~~",,~W..l:iioID;~~~~~:' .",,".' ~-'--"'.;' ." --:' " 'I I: I ii ii i " I! II I! () 0 0 c: .. s: U) .,-! -0 rfJ f""l mm -0 ;.!:l=~ Z~CJ ~~; 0 :J~ -'- ~C :P> ~f,;: ~o :x v') >0 'f? Z:~n c: 0 -> -j ~ U'I :i:; -, 0 -< ,/~", ' .-,<;, ," ,," _" _ _, ,","" , .",c.'. ~ """"",,~,~,',',y~',, . "". ,,",- .- e,"".,,".. """'" ~~, '. '" , ,,_. ~" ", "" ..:d.~ ~i,,"~~"~ , -. - < < .~ ~ . ~" -- ~~ " - ' " ~_ll!lli:t\1'~", FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQI UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH I, 1999 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3676 CIVIL Plaintiff, v. WILLIAM L. BUTTERMORE, AJK/A WILLIAM L. BUTTERMORE, JR. Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. RANK FEDE ttorney for Plai tiff ~jf~*-"';!il~0Jj~'iMl"~~''''-'fSi~i;,",;JU',':;:i";;-t6i',~,<':.';:';,'!'';:Si"t"iV:;""-))1N;;J~,,;!'~:,.'~4'~~~~~~~!i~'i3AliJ~@1r'j~:;i,,~~j"\,i;;i"R,'~II!!~~~~aI:~ "..H () 0 0 ~ 'T1 tI) "'0 OJ l"'1 ,~; :n- !if!m -0 '.'- :J:} ~:~9 tjii:;: 0 22: ~~Q ;::::0 :t> "T- ., ~o :z ~i~S Zp, -0 '-f? 0 )>c:: --l Z U'I ~ ~ 0 ~,.y,~>.~,,~ .~ ~ .., , 0 , ~'. . ',__' .~,~- '," ,~. ~,--. ~ "~",,,,,,,,.,~,,,,,,,,,,,,,",,,,,,,"-",~~ , , 1",- .' ~, , "':;;"'il!l~l'~_*-'_ \ ( WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 Plaintiff, CUMBERLAND COUNTY No. 01-3676 CIVIL v. WILLIAM L. BUTTERMORE, A1K/A WILLIAM L. BUTTERMORE, JR. Defendant( s). August 29,2001 TO: WILLIAM L. BUTTERMORE, A/K/A WILLIAM L. BUTTERMORE, JR. 327 WEST RIDGE AVENUE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN .AGAINST PROPERTY.' Your house (real estate) at 327 WEST RIDGE AVENUE, CARLISLE, PA 17013is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC" FLOATING RATE MORTGAGE PASS.THROUGH CERTIFICATES, SERIES 1999- AOl UNDERTHE POOLING AND SERVICING AGREEMENT DATED (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the MARCH 6, 2001 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ;,."." ~ ,~, ~~ - ~< ,,', '''' ~ '..M.~~"" "iIW>i<:&~h,:', '\ , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. rfthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale 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 (717) 240-6390. 4. rfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your'house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ""~.- ~_. ~, ,"I -',I ... , ALL THAT CERTAIN lot of land with improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known and designated as Lot No. 14, Block B, Elwood Plan_~~ Lots last revised October 28, 1970, by D.P. Raffensperger and recorded in Plan Book 22, Pa~ in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. BEING 327 West Ridge Street, Carlisle, Pennsylvani~ - Parcel #04-22-0483-~/ TITLE TO SA;n PREMISES IS VESTED IN William 1. Buttermore, Jr. by Deed from Harriet 1. Buttermore, wldow dated 11/10/95, recorded 11/13/95, in Deed Book 131, Page 83. ~ ." i - .. " , ~'" ":!iM', '. ~iIi!i~~illif.L4~i1ill'~4.~~t*;gjll);il!:i@i$)ij{,ii>\~'''''<i/(;:''_''1;;4ilJ'-;-;;;,,",!''&~--*,i:~~J!Jjjtt_$;-j!llil!i>in~1! ,,~O'"", . ~., '~ ;' 'illf-""'{~ . ,. , 2 0 C) -'n s: r.n ""0-0:1 r'1 " r;2m "'0 Xl -..,1-;1 zs:,: 0 -,"0 fQz ~~~~ '-0 J> ~ -y era zO .- >0 If! 6rn 'C ~ UI ~ 0 bi< "~, lilt"" ,1.... " '" ~'" I, ~,l " "--'-'--.~ ~, " ;.,',' , '" ~~"nrliij~: 1; l, ~ '," PLAINTIFF :Yp&- . " AFFIDAVIT OF SERVICE WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES ]999-AQI UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH I, ]999 CUMBERLAND COUNTY No.01-3676 CIVIL " Type of Action - Notice of SherifPs Sale Sale Date: DECEMBER 5, 2001 DEFENDANT(S) WILLIAM L. BUTTERMORE, AlKJA WILLIAM L. BUTTERMORE, JR. SERVE WILLIAM L. BUTTERMORE, AlKJA WILLIAM L. BUTTERMORE, JR. AT 327 WEST RIDGE A VENUE CARLISLE, PA 17013 SERVED Servedandmadeknownto \,U:\\\?'W\ l. ~v*e~,^"."''';Defendant,onthe / 5"fl. day of 5("tI"....""~200.L at 7-':I..J' ,o'clock~.m.,at 3~7 (,Vn4- tfiJ)",- Ave.., ('81t1;",\~ ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. I X Adult family member with whom Defendant(s) reside(s). Relationship is p.(o +L-t l~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. . tI~'RR.;t T- . I3v'\t.yt""'olt. Other: . H rbr .( J ' It- Description: Age ~ Height 5 G Weight I ;).b- Race W t.. Sex _ Other ~ f:t.f I'\-a' I, C\~1<.e"'(~ /.... C."'-~, JIl.., a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Notarial Seal Stacy L. Heefner, Notary Public Sworn to and s{b~bed Chambersburg Bom, Franklin County beti e e this 7 day My Commission Expi s . 5, 2002 ~o~C~~' L L.. ~ember,;::nSYIVanra I tlonot otar (J (j U' ~VVV NOT SERVED ~f) On the ___ day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant , Other: . Sworn to and subscribed before me this _ day of __~ 200_. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ,lli,~ffi;IjJj'i>l~,*~iki;;;lib;;ill"til,:~I~,~-:.;;.r~Jg:?2,i,ki(,",*".i,~_{ob!;--k,,""i;',""0~"rJ'@,~Jt@r~~I'Ai'li!:t."'~PH_"'""'-'''.;jiii'' , ,~ ---~ ~~'" w, ,~ ~ " ~,' ~"if JiIIillli' ~ ,~ t' '. C) C:J ,,:=) C " . C') ,-- -o~'L; :-) --'-'1 ~~ .-4 \ 9",;:,: c:c -tJ ~~~, f:"1 "-~ p.C .-'"j ~ r--';';' -', ~, .r.:- -< ~~ " =, ,'.= - " ....~ "~ ~" ,~',',,'. .'Jc"" ' . -- '1("' SALE DATE: DECEMBER 5. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH No.: 01-3676 CIVIL NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 1999- AQ1 UNDERTHE POOLING AND SERVICING AGREEMENT DATED vs. WILLIAM 1. BUTTERMORE, AlK/A WILLIAM 1. BUTTERMORE, JR. AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property 10cated at: 327 WEST RIDGE AVENUE. CARLISLE. PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sa Ie has been given in the manner required by Pa. R.C.P. 3129.2(c) on each ofthe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Mfidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate ofMailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~~!Jk - FRANK FED RMAN, ESQUIRE ....... Attorney for Plaintiff November 30, 2001 ", '-~~ < ~~"""~ '" I "I ,~. ~,,' " ,.' ,,', ",", "~,,"~ WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MpRTGAGE SECURITIES vn, INC., FLOATING RATE MORTGAGE PASS-TIlROUGH , CERTIFICATES, SERIES 1999-AQl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3676 CIVIL Plaintiff, v. WILLIAM L. BUTTERMORE, AlK/A WILLIA1'\1 L. BUTTERMORE, JR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999- AOl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 ,Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property 10cated at 327 WEST RIDGE AVENUE, CARLISLE, P A 17013 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) WILLIAM L. BUTTERMORE, AlK/A WILLIAM L. BUTTERMORE, JR. 327 WEST RIDGE AVENUE CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAWN CONVERSIONS INC. 1445 HOLLY PIKE CARLISLE, P A 17013 j. , -'.~~;;;" 4. Name and address of the last recorded holder, of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) . None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record intllrest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 327 WEST RIDGE AVENUE CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August L 2001 DATE - "j" '" '"' "~;"':";"~- ".~, . DATE: August 1,2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) WILLIAM L. BUTTERMORE, AlK/A WILLIAM L. BUTTERMORE, JR. PROPERTY: 327 WEST RIDGE AVENUE CARLISLE, PA 17013 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on DECEMBER 5,2001 at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street. Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH ,'7-:;.~~~~. ~.:. o)>z _Q,Dl -0.... r cnQ,3 ro.~ s' CD c;l CD ljl- ~ ~ ~ ~ ~ ~ <S:J " " '" Dl "'z (J'I .... '" N ~ 0 '" .... '" (J'I .... '" N ~ Q,,,,,, r" !J: Q, ur 3 arC' c.~ C'O' 0 .. :>> '< - en 0 '" " " .. ::j 5.: " 0 " c. N '" Z ~ .... '" " .... :;: 3 N '" 0 C' '" '" !!1 J" "'O~O'" ~ ::TC7.l:Jm =::JCDO ;0.... = .., (") ~C-."'Cm ,,0' = Z l1lol1l:lJ ljlet ~ " .. .. 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Robert P Ziegler I, --__________________________________________________~________________________Ilecorderof Deeds in and for said County and State do 'hereby artify that the Sheriffs Deed in which _______n__n___ -_-Sa-19l11Qn..,Jl;<.Q.the;<.s....Htg... P_<:.E!:'!_~t;~:_s__~~!__~~:!__::___n_________________________ is the grantee the same having been sold to said grantee on the -_________~~~n_n______n_____n______n____n day of December 2001 ___n_________________________n_n__n_ A. D., r n_n' under and by virtue of a wriL_____________ Execution . 10th _______________________________________n_n__n ISSued on the ___n___________n___________________ September 2001 . day of _______________________n_ A. D., __n_' out of the Court of Cornman Pleas of said County as of Civil 2001 ______________________________...___________n____ __________________________n_____ Tenn, : ______ ,3676 . Wells Fargo Bk N A, successor by merger with Nortwest Bk ~':.'::r..;;t;--~_.._-T~-ott t.et~~~ -Brotners-lIEg-'S'ec-vrr;-'1-n:c--n------------n-------n--m , William L aka William L Buttermore Jr ___________________________________aga~t________________________~___________________________ ~ . ~ ~M duly recorded m Sheriffs need Book No. ______n__n' Page ____________. IN TESTIMONY WHEIlEOF, I have hereunto -tf: set my hand and seal of said office this _LL_n___ day oL_ C2t?ff?L ....' '-~ . I, - "H..:;'~;J"i . , Wells Fargo Bank, N.A. et al VS William 1. Buttermore alk/a William 1. Buttermore, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3676 Civil Term slhawn Harrison, Deputy Sheriff, who being duly sworn according to law, states , that on S~pt. 14,:2001 at 9:07 o'clock P.M., E.D.S.T., he served a true copy of the within Real Esi~te Writ; Notice and Description, in the above entitled action, upon the within named ddeNdant, to wit: William 1. Buttermore alk/a William 1. Buttermore, Jr., by making known unto Harriet Buttermore, Mother of Defendant, at 327 West Ridge Street, Carlisle" Pennsylvania, its contents and at the same time handing to her personally the said true attested copy of the same. Jilson Vi<flral, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 01,2001; at 8:28 A.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, No~ice, Po~ter and Description, in the above entitled action, upon the property of William L. Buttcirmore alk/a William 1. Buttermore Jr., 10cated at 327 West Ridge Street, Carlisle" Pennsylvania, according to law. R. Thom~s Kline, Sheriff, who being duly sworn according to law says he served the above Real E)state Writ, Notice, Poster and Description in the following manner: The Sheriffnlailed a ~otice of the pendency ofthe action to one of the within named defendants to wit: William 1. Buttermore alk/a William 1. Buttermore, Jr. by regular mail to his last kflOwn address of327 West Ridge Ave., Carlisle, PA 17013. This letter was mailed under the date of October 2, 2001 and never returned to the Sheriff s Office. R. Thomiis Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at pubIlc venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5,2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Wells Fargo Bank Minnesota, N.A., Successor by Mf;rger to Norwest Bank Miunesota, N.A., as Trustee of Salomon Brothers Mortgage Securities VII, Inc., Floating Rate Mortgage Pass-Through Certificates, Series 1999-AQl Under the Pooling and Servicing Agreement Dated as of March 1, 1999 Without Recourse. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, N.A., Successor by Merger to Norwest Bank Minnesota, N.A., as Trustee of Salomon Brothers Mortgage Securities VII, Inc., Floating Rate Mortgage Pass- Through Certificates, Series 1999-AQl Under the Pooling and Servicing Agreement Dated as of March 1, 1999 Without Recourse of 505 South Main Street, Suite 6000, Orange, CA 92868 , being the buyer in this execution paid SheriffR. Thomas Kline the sum of $641.31, it being costs. Sheriff s Costs: Docketing Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library $30.00 15.00 15.00 30.00 10.00 .50 "~'''~.~ -- , ~J . . Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Poundage - 1.00 6.50 1.46 15.00 20.00 228.20 178.92 25.66 25.00 26.50 12.57 $ 641.31 Sworn and subscribed to before me ~ in, I This~dayof /~ 2001, A.D. qU4L- O.~ A~;:;:- I I~ Prothonotary <"'''~''',' .JP~s: ~ r;' -;,-~~, R. Thomas Kline, Sheriff BY@O~~ R al Est e Deputy o;P~ ifJ 3D,~ \. cA 3'1 9n e...... / / t; q:5 6 ,]~,-- '~~~':l<'k;-.,. ,~~" c~ ___. ' "" iLLS FARGO BANK N.A. AS SUCCESSOR "BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 ~ /o6!itl""~~i.., CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3676 CIVIL Plaintiff, v. WILLIAM L. BUTTERMORE, AlK/A WILLIAM L. BUTTERMORE, JR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 312g (Mfidavit No. I) WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA. N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII. INC.. FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 1999- AQl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 ,Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUlRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property 10cated at 327 WEST RIDGE AVENUE. CARLISLE. P A 17013 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) WILLIAM L. BUTTERMORE, AlK/A WILLIAM L. BUTTERMORE, JR. 327 WEST RIDGE AVENUE CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAWN CONVERSIONS INC. 1445 HOLLY PIKE CARLISLE, P A 17013 .', .' " , ~ ~ , ~',.;o~ ,\.' Name and address of the last recorded hdlder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7, Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 327 WEST RIDGE AVENUE CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to autho~ties. FEDE ttorney for Plain 1.- , ESQUIRE ff August 1. 2001 DATE ~"~~"'~~"'-" - "-'<- - riM "'~^= ,~" ~"I""iW>fI<<'_',"", I . , . . wELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQl UNDERTHE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 Plaintiff, CUMBERLAND COUNTY ,. No. 01-3676 CIVIL v. WILLIAM L. BUTTERMORE, AlK/A WILLIAM L. BUTTERMORE, JR. Defendant(s). August 29, 2001 TO: WILLIAM L. BUTTERMORE, AlK/A WILLIAM L. BUTTERMORE, JR. 327 WEST RIDGE AVENUE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 327 WEST RIDGE AVENUE, CARLISLE, PA 17013is scheduled to be saId at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by WELLS FARGO BANK N.A. AS SUCCESSOR BY MERGER WITH NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC.. FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999- AOl UNDERTHE POOLING AND SERVICING AGREEMENT DATED (the mortgagee) against you. rfthe Sheriffs sale is postponed, the property will be relisted for the MARCH 6, 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. '~,. ,'. ~'~- ~ , ........, W~ ~L II>: "",,~,,"""l' ',,",,<lc"'''''~Wl-,,-,~ , You may need an attorney to assert yoW; rights. The sooner you contact one, the more chance . you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 ifthis has happened, you may calI (717) 240-6390. 4. rfthe 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your'house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~~ ~ ~-p 'l. ..J,: M~' ,', L~ ,~~ ~~ ~~'''''''''''''''<","1i,'': \ . ALL THAT CERTAIN lot of land with improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known and designated as Lot No. 14, Block B, Elwood Plan.~~ Lots last revised October 28, 1970, by D.P. Raffensperger and recorded in Plan Book 22, Pa~ in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. BEING 327 West Ridge Street, Carlisle, Pennsylvani~ - Parcel #04-22-0483-~' TITLE TO SA!D PRE~rrSES IS VESTED IN William L. Buttermore, Jr. by Deed from Harriet L. Buttermore, WIdow dated 11/10/95, recorded 11/13/95, in Deed Book 131, Page 83. ~ -.. , . '. . .. , ""- ~ -' L, ~'~" .'~ , ., ..L"""'~.ill$~)4i~'-- , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUN1Y OF CUMBERLAND) NO. 01-3676 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: " Wells Fargo Bank N.A. as Successor by Merger with To satisfy the debt, Interest and yO~ts due N~:ot RRnk MinnRa"tr" ~II_ "" 'T'ms,ritr at Se1~Q~. Brothers Mortgage Se=~t~es VII, nc., Floatmg etflO gage 1o'ass-T U \,Ill '" L Lcates :;Oar; "18 1999 /.\Q1 'Jpoe]:' the Pno 1 j T'~ <''1il ~pnTi "i ng IIgrP.ffi1f>T1r !19ted as of PLAINTIFF(S) from March I, 1999 William L. Buttermore, A/K/A William L. Buttermore, Jr. , 327 West Ridge Avenue, Carlisle, PA 17013 DEFENDANT(S) (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 notijy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the 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/herthat he/she has been added as a garnishee and is enjoined as above stated. (per d~em r(")!:::'t-!:;, Due Prothy Other Costs $.50 $1.00 Amount Due $72,412.9l from 8/2/01 to 12/5/01 Interest :i'1L 90) - <;;1. 4R7 q4 "nil Atty's COmm % Atty Paid 5103.10 Plaintiff Paid L.L. Date: September 10, 2001 Curtis R. Long Prothonotary, Civil Division ~y ~---r (J P 711Jl/M"T! r-------- Deputy REQUESTING PAR1Y: Name Frank Fedennan, Esq. One Penn Center at :'uburban t;tation Suite HOD Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court 10 No. 12248 Address: i~~4i~'~"""""'!f!;{\""'~K"~,#.:iS!~l}jl<--"""N,,'llif~ii';#;t;',l&'.'A~<!"h"'cj""t., ;~,," l,"'i-"'.'%-~'!VI~"""-Y,,,,\","oil.i~''L' ~'....._~IDlli'~~-""-"~ ,~,~"~";. , '-~, -' < , REAL ESTATE SALE No. L't On September 12, 2001, the sherifflevied upon the defenendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A, known and numbered as 327 West Ridge St., Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 12, 2001 By: qtJ~ S~ Real Es\ate Deputy '\\fJ,a'\O """'11 I",>" ....\'" ~ ",' ,>\ . ",". "", ,<"" ....t I,"~ \ \ d~~\ I;):'> II \ GO \' r.\1 '0 . ,;J \\}. r,o. .\\" ,n,"I:J'\\::~!>\,) \"" \, \.~ , . ,."\,,rl,"'" \\-1.,,\., ' ...,r. .,.-,.,y-'" }..l.l-\(\(:-<' '~",' ::.'0,;Jo,d" .\\., ... \l^,\S J":;.\,J.,"\': '-".'{'-'" ~~\;l' \-\"'.;,\\c,' ~~\\\, "~- "~', ,-. .' ^,' " - ",", -"'. r Ij <a ~ ~ ~ "I c'- ~ I .. 'if ='-""~"'"-T"","iJ, ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe 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 10cal courts as the officiallegal periodical for the publication of alllegal 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: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. (' Roge M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 ~~A~) ~~ ~.dVl/ }T tI NOTARIAI."SEAL LOIS E. SNYDER, Notary PubUc Carlisle Boro cumbeiIand CountY My Commis': ExpireS Mlvl:h 5. 2005 _ ~~~~~IIP,~~~rl?~flb-qi\Jol"jiL~J,)t"'~i'~A..r.i,g'W,.;;,,"~~~D!1iL l:I" """'~~~~l:l~,,,,,,"",llf REAL ESTATE SALE NO. 28 WI1t No. 2001-3676 C1v11 Wells Fargo Bank N.A.. as successor By Merger With Norwest Bank Minnesota. N.A., as Trustee of Salomon Brothers Mortgage Securities VII, Inc., Floatrng Rate Mortgage Pass-Through Certificates, series 1999-AQI Under The Pooling and ServiCing Agreement Dated as of March I, 1999 vs. William L. Buttermore, a/k/a William L, Buttermore. Jr. Atty.; Frank Federman ALL THAT CERTAIN lot of land with :Improvements thereon situate in the Borough of Carlisle. Cumberland County. Pennsylvania, known and designated as Lot No. 14. Block B, Elwood Plan of Lots last revised October 28, 1970, by D.P. Raffensperger and recorded in Plan Book 22, Page 18, in the Of- fice of the Recorder of Deeds for Cumberland County, Pennsylvania. BEING 327 West Ridge Street. Carlisle. Pennsylvania. Parcel #04-22-0483-187. TITLE TO SAID PREMISES IS VESTED IN William L. Buttermore, Jr. by Deed from Harriet L. Butter- more, widow dated 11/10/95. re- corded II /13/95, in Deed Book 13 I. Page 83. r ~ '~'Lll'--TI~~-' ".. ",~,'., . .~ 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Aeounts Receivable Manager 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 I.!1 e 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 aU 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 andlor Sundayi Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject malter 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 verity 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. /7 ;' " " , (-/ {,-'t PUBLICATION COpy SA L E 1128 REAtESTATl! SAlE No. W WIlt No. 2OGi-3ST6 ClvllTorm WsIJ. Pargo Bank N.A., 8$ succes,'ior By Merger with Norwesl Bank ',:',::",':: ',' ,fAlnn,e~o1al NA., as }'fiust.<'>l SOlo",.oo Brothe.. Mortgage :,,::::', :5ecurlt/e!,\(,t)nc.,. Floating Rate :::::,::::,::'Moi1g8ge ~~ Certlflcates, 'Barle.c19l19-AQl Under11le pooling and llervli:In~Itg_e"t Doled aa of March t, 1999 .. WlTIlal11 L Buttermore, .r.Ja William I. 8uttermore. Jr, , 1i\ly'FranHedennan :(W,~CR1JlTl0N " ';,:,::l\U THAT (:ERTAiN., lo~, ilf land \'11th :::::nt(prt)~ljl,en~ lnt:.I\'rm: situate [I'q:nc Borough ,of :~eiii1Ne. 'Ctii:nberlil&l {'mmlJ'_' !),imJl...yJ\laJU;i, :::trirjwll ailcl d~lgnjiivJ<\); em, ~.[l, 14, HJock,~. ':::':':el~~, p).ati. ()( l..Qts i<l~l nWI,~ (kt,o~r lit ,:,:,,::J$(), 'h'l1).P"BafieJ1.5jJcqr...'t and t:e,c;ordedJt\ Plan circLt~,.2i~,l:t:i.ii:}:, l~-, ,it) lb~ Otlk't: '-1f the Rccu~a .-:-:::Qtlkc-;;!\i'fof ha:atK:r1alIU,"owlly. ,fl'en!l-~yh4JJ!a. beelT:tlEJNG ":n7 W~.;;t l'bdge $Irect. Cat!l~k! :::fieoo5..'1..~i:!.ill. ;::';~~ti:'llf~U~04~~-187. :::,::n:Tl.E, TO ~[ci premJse,I'-i-~' y,~~ted in Wl1fi;un L. ~1iM1'}1).9~ Jr, 1'W, Det:t:l I('Oll} Hamel L. '::::5iJ,t1ertnQl;e"Wi1h'!W,"Ull~d ll.!1lV'-l:5, ret\rrd~,i I If J-J!95, !Illk-p..l.:\ B(l('k \:,LPagcoJ, ....'H..'.....,...........~..;.........,...."......'...,......"..........."...,.....,....".... efore me tl:>ie;19th day~l NO'f,ej11ber 2001 A.D. Notarial sear / . ,..,/ / / ,...,,,-:>../ '~,~~~~~:~~~~6~~~c ~!.~"~:: :~,:~;~J;'::..~2.~*j,//f!..:;~~."'~;<~~~~.r MyGommlSSlOnE>q:>lresJune6.= N0IARY PUBLIC ", Member, Penns.ytvanla Association of NofalieWy commission expires June 6, 2002 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTI-fOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO" Dr. For publishing the notice or pUblication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 177.42 1.50 178.92 blisher's Receipt for Advertising Cosl >Iisher of The Patriot-News and The Sundav. Patriot-News, newspapers of general :eipt of the aforesaid notice and publication costs and certifies that the same have By....................................._.............................