HomeMy WebLinkAbout01-06288
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Richard M. Squire, Esquire
l.D. No. 04267
Richard M. Squire & Associates, LLC.
One Jenkintown Station, Suite 104
115 West Avenue
Jenkintown, Pa 19046
Telephone: 215-886.8790
Fax: 215.886.8791
Attorneys for Plaintiff
Wells Fargo Bank Minnesota, N.A., slb/m to
Norwest Bank Minnesota, N.A, as Trustee of
Salomon Brothers Mortgage Securities VII, Inc.,
Floating Rate Mortgage Pass-Though
Certificates, Series I 999-aq 1 Under Pooling and
Servicing Agreement dated as of March 1, 1999
without Recourse,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 01 - {.,~p
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PLAINTIFF,
CIVIL ACTION
v.
MORTGAGE FORECLOSURE
Guy W. Burford
Keith M. Burford
DEFENDANTS.
COMPLAINT - CIVIL ACTION
NOTICE TO DEFEND
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other c1aitn of relief requested by
the plaintiff. You may lose money or property or other rights itnportant to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VEALA WYERORCANNOT AFFORD ONE, GOTO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
717-249-3166 and 800-990-9108
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A VISO
LE BAN ][)EMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con
un abogado y entregar a la corte en forma escrita sus defensas 0 sus objecciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir
a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda.
Usted puede perder dinero 0 sus edades u otros derechos importantes para usted.
LLEVEESTADEMANDAA UN ABOGADO INMEDlATAMENTE. SINOTIENEABOGADO
o SINOTIENEELDlNERO SUFICIENTEDEPAGAR TAL SERVICIOVAYA EN PERSONA
o LLAME POR TELFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRIT A
ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
717-249-3166 and 800-990-9108
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Richard M. Squire, Esquire
J.D. No. 04267
Richard M. Squire & Associates, LLC.
One Jenkintown Station, Suite 104
115 West Avenue
Jenkintown, pa 19046
Telephone: 215-886-8790
Fax: 215.886.8791
Artome s fot Plaintiff
Wells Fargo Bank Minnesota, N.A., slblm to
Norwest Bank Minnesota, N.A., as Trustee of
Salomon Brothers Mortgage Securities VII, Inc.,
Floating Rate Mortgage Pass-Through
Certificates, Series 1999-aq I Under Pooling and
Servicing Agreement dated as of March I, 1999
without Recourse,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
NO: 01 - (...~if
C;oJ~~~
PLAINTIFF,
v.
CIVIL ACTION
Guy W. Burford
Keith M. Burford
MORTGAGE FORECLOSURE
DEFENDANTS.
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, Wells Fargo Bank Minnesota, N.A., slb/m to Norwest Bank Minnesota, N.A., as
Trustee of Salomon Brothers Mortgage Securities VII, Inc., Floating Rate Mortgage Pass-Through
Certificates, Series 1999-aq1 Under Pooling and Servicing Agreement dated as of March I, 1999
without Recourse, through its attorney, Richard M. Squire, Esquire, brings this action in mortgage
foreclosure upon the following cause of action:
I. Plaintiff, Wells Fargo Bank Minnesota, N.A., slb/m to Norwest Bank Minnesota, N,A., as
Trustee of Salomon Brothers Mortgage Securities VII, Inc., Floating Rate Mortgage
Pass-Through Certificates, Series I 999-aq 1 Under Pooling and Servicing Agreement dated
as of March 1, 1999 without Recourse ("Plaintiff'), is a corporation with a principal place
of business at.
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2. The Name and mailing address of each Defendant is :
Guy W. Burford, 407 N. Baltimore Street, Mt. Holly Springs, Pa 17007.
KeithBurford, 407 N. Baltimore Street, Mt. Holly Springs, Pa 17007.
3. On 01/25/1999 Guy W. Burford and Keith M, Burford made, executed and delivered a
mortgage upon the premises hereinafter described to Ameriquest Mortgage Company, which
mortgage is recorded in the Office ofthe Recorder of Cumberland County, in Mortgage Book
No. 1516, Page 1001. Plaintiff is in the process of preparing a legal Assignment.
4. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original mortgagee, or is the present holder of the Mortgage by
virtue of the above-described assignments.
5. Each Mortgagornamed in paragraph 3 above executed a note as evidence of the debt secured
by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set
forth at length.
6. The real property which is subject to the Mortgage is generally known as 407 N. Baltimore
Street, Mt. Holly Springs, Pa 17007, (the "Mortgaged Premises"). The legal description of
the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated
herein by reference as though fully set forth at length.
7. The interest of each individual Defendant is as Mortgagor, Real Owner or both.
8. If any Defendant above-named is deceased, this action shall proceed against the deceased
Defendant's heirs, assigns, successors, administrators, personal representatives and/or
executors through his/her estate, however, the estate of said Defendant is hereby released
from liability for the debt secured by the Mortgage.
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9. The Mortgage is in default because the monthly payment of principal and interest and other
charges stated below, all as authorized by the Mortgage, are due as of 06/0 1/200 1 and have
not been paid. Upon failure to make such payments when due, the whole ofthe principal,
together with the charges specifically itemized below, are immediately due and payable.
The following amounts are due as of October 30, 2001:
Principal of Mortgage debt due and unpaid
$61,173.12
Interest due and owing from 05/01/2001 to
10/30/01 at 10.25%, $17.42 per diem
3,170.44
Plus Late Charges of$33.34 per month,
assessed on the 16th day after payment is due
666.59
NSF Fee
50.00
Other Fees
35.00
Escrow Advance
3,363.67
Attorney's Fees
3,058.65
TOTAL
$71.517.47
10. Interest accrues at a per diem rate of $17.42 and late charges accrue at a monthly rate of
$33.34, assessed on the 16th day payment is past due for each date after the payment due
date, and Plaintiff may incur additional attorney's fees and costs as well as other expenses,
costs and charges collectable under the Note and Mortgage,
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11. Notice of intention to Foreclose pursuant to 41 P.8. S 403 and Notice pursuant to the
Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.8. S 16800402c, et seq.
was mailed to each individual Defendant via regular and certified mail, return receipt
requested, on. A true and correct copy of said notice is attached hereto and marked as
Exhibit "B" and is incorporated herein by reference as though fully set forth at length.
WHEREFORE, Plaintiff demands judgment against Defendants Guy W. Burford and Keith
M. Burford, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in
paragraph 09, namely $71 ,517 047 plus the following amounts accruing after 10/30/0 I, to the date of
judgment: (i) interest at a per diem rate of$17042; (ii) late charges of$33.34 per month assessed on
the 16th day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of
suit.
By:
Rich a M. Squire, squire
One Jenkintown Statio ,
115 West Avenue
Jenkintown, PA 19046
215-886-8790
Attorneys for Plaintiff
Date: October 30.2001
UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT
OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL
ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE
WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON
YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU
WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT
FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
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VERIFICATION
I, Richard M. Squire, hereby certifY that I am an attomey for Plaintiff and am authorized to
make this verification on its behalf. I verifY that the facts and statements set forth in the foregoing
Complaint in Mortgage F orec1osure are true and correct to the best of my knowledge, information
and belief. This Verification is made subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
Date: October 30.2001
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ALL THAT CERTAIN lot of ground situated in the Borough ofMt. Holly Springs,
Cumberland County, Pennsylvania, bounded and despribed as follows:
ON the East by Baltimore Avenue; on the South by property now or formerly of James
Cleeper Eslate; on the West by a 20 foot public alley; and on the North by property now
or fonnerly of Rebecca Elliott. Having a frontage on Baltimore Avenue of 50 feet and
extending in depth 180 feet. Having thereon erected a tvvo-story frame dwelling house
known as 407 North Baltimore Avenue.
UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of-
ways, objections, easements, agreements, etc., as they appear record.
WITH THE APPURTENANCES: TO HAVE AND TO BOLD the same unto and for
the use of said parties of the second part their heirs and assigns forever.
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P.O. Do. 51381
Los ADKoleI, CA '0051-5682
111_1
...... AMERlQUEST'"
\ MORTGAGE
COMPANY
71&2 63&9 3060 0060 26&7
August 02, 2001
KEITH M BURFORD
GUY WBURFORD
407 N BALTIMORE ST
MT HOLLY SPRINGS, PA 17007
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ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
STATEMENTS OF POLICY
LOlUt Number: 0010053189
Properly Address: 407NBALTlMOREST,MTHOLLYSPlUNGS PA, 17007
0rigiDa1 Lender: Ameriques! Mortgage Company
Cuneot LemdedServicer: Ameriquest Mortgage Company
TmS FIRM IS A DEBT COLLECTOllATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOIl IN AN ATTEMPT TO COLLECT THE INDEBTEDNJ:SSREFEllllED TO
HEREIN AND ANY INFORMATION .OBTAINED FROM YOIl WILL BE I1SEDFOR THAT
PURPOSE. IF YOIl HAVE PREVIOIlSLY RECEIV)!:D A DISCIIAllGE IN BANK1JllPTCY, THIS
CORRESPONDENCE IS NOT AND SBOULDNOT BE CONS'mtJED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Thl.I'..1l official Ilotice that the morta.... 011 "OU home I. ill .der...lt. ...d the I...OOr ill_d. to loredote.
Soeclflc i..lormatioll aiJbllt the Il.tare 01 the default I. Dl'Ovlded ill the .ttaehedD."'s.
The HOMEOWNER'S MOllTGAGE ASSISTANCE PROGRAM /JIEMAP) ma.. he .hle to helD to save ..our
home. This, Notice esuW.....how the DnI1Il'IDI works.
To _lIllIEMAl' ee hd\l.,OII JIlIlIt MEET WITH A CONSIJMER CREDITCOllNSELINGAGENCY
WITBIN 341 DAYS OF 1'IIE DATE OF THIS NOTICE. TaIre thl. Notice W1th,.01lwh... Y01l meet wllh the
CoulloeliDa All.......
The 1l_e.addreSl ed dholle Illlmber or COD_er Credit COIlll.e1i1le Aeelleies semlle "OIlr COIlIl'" are
listed at ,the ...d 01 this Notiu.. lIy...h..... ..... allestloll.. 1'011 may ..II the Pe.....'lvaDJa HousiD1Z FIot...ce
A_e.. toll I.... .t 1-800:.342-:zs97./Pe...... wItlilmdalred heariIla e......' (717)180"11169).
Thl. Notice COlltal.... Importallt Iegallolorm.tio... II YOll h...e ...y questiod', repre_tatl.... .t the COD~er
Credit C01lllselilll. A....ey ....y he .hle to help explallllt YOIl m.y .1.. wet to co.....t .. .<<omey ill Y01lr
areL The local h.r ....d.tloll m.y be .hle to help YOll nlld . lawyer.
LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SII DERECBO A
CONTINIlAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICAClON OBTENGA UNA TRADUCClON 1NMEDITAMENTE LLAMANDO ESTA AGENCIA
(pENNSYLVANIA HOIlSING FINANCE AGENCY) SIN CARGOS AL NllMERO MENClONADO
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ARRIBA. PUEDES SER ELEGIBLE PARA UN PIU:STAMO POR EL PROGBAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALV All SU CASA DE LA PERDIDA DEL DEIU:CHO A IU:DIMIJl SU HlPOTECA.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SA VI: YOW HOME. FROM FOIU:CLOSUIU: AND
BELl' YOU MAJ(;E lI1lTllUMORTGAGE PAYMJ:NTS
IF YOU COMPLY WITH TIlE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (TIlE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
2 IF YOW DEFA1JLT HAS BEEN CAUSED BY CDlCllMSTANCES BEYOND YOW CONTROL,
2 IF YOU HA VI: A IU:ASONABLE PROSPECT OF BEING ABLE TO PAY YOW MORTGAGE
PAYMENT8,AND
2 IF YOU MEET OTHER ELIGIBILITY IU:Q~MENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPOIlARY STAY OF FOIU:CLOSUIU: - Under the Act, you are eDlided to a temporllly stay of foreclosme
on your molIlgage forthidy (30) dayS from the date of this Notice. During that lime you must ~ and attead a
face-to-face meeting with one of the consumer credit counseling agencies listed at the cad of this NolicC. THIS
MEETING MUSTOC~wmDNTBE NEXTf30!;DAYS.1F YOU DO NOT APPLY FOREMERGBNCY
MORTGAGE ASSISTANCIl. YOU MUST BRING YOURMORTGAGE UP TO DATE. TIlE PART OF 'l'HlS
NOTICE CALLED "HOWTO CURE YOuRM()RTGAGEDEFAULT' EXPLAINS HOW TO BRING YOtJR
MORTGAGE UP TO DATE.
CONSUMER CIU:DIT COUNSELING AGENCIES --lfyon meet with one of the CO!lsumer creditcounseJing
aaencv listed at;the end of this notice. the lender III!!:Y NOT take action IU!lIinst vou for thirtv (30) c1avs after. the date
of thismeetinl!. Thell8JJles. adilressesllllll te1eohonen~J:SofdesiV'.tecl consumer credit coUDseliJil! "'l9lCiesfor
the COUDtv in which the ~islocatedare .setforth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. AcMSeyour lender immediatelv of yourinteDlions.
APPLICATION FOR MORTGAGE ASSISTANCE - Yom mortgage is in a default for the reasons set forth later
in this Notice (see followg p1iges fot specific ioformation about the nature of your default.) If yon have tried and
are 1JIlIIble to teso1ve this problem with the leader, you have the right to apply fot fiJwIcial assiIlaDl:e from the
Homeowner's Emergency Mortgage Assistance Progtll1ll. Tod.o so, you must fill out, sign and file a completed
Homeowner's Emergency Assist....ce Program Application with one of the designated cOllS1lJJler credit counseling
agencies listed at the. eDd of this Notice. Only cousumer credit counseling agencies have applications for the
program and they will assist you in snbmitting a complete applicatiou to the PeunsyJvania Housiug FiDance Agency.
Your application MUST be filed ot postmatted within thirty (30) days of yom fiwe-to-face meeting.
YOU MUST FILE YOWAPPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PElUOnS.SET FORm IN THIS LETTER. FOIU:CLOSUIU: ~Y
PROCEED AGAINST YOW HOME IMMEDIATELY AND YOllll APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available fonds for emergency mortgage assistance are very limited. They will be cJisbmsed
by the Agency undet theeligibillty Criteria esI/II>lishedby the Ac:t The PennsylvlUlia Housing Finance Agency has
sixty (60) days 10 make a decision Biler it receives your appticatiolL During that lime, no foreclosure proceedings
will be pursued against you if you have met the lime requirements set forth above. You will be notified directly by
the PeUDsylv8DlaHousing Finance Agency of its decision on your applicatiolL
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August 02, 200 I
Loan Number: 0010053189
NOTE: IF YOU ARE CUlUU:NTI..Y PROTECTED BY THE FILING OF A PETITION IN
BANKR1lPTCY, THE FOLLOWING PART OF TRlS NOTICE IS FOR INPORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have flied hukraptey you eu stlD .pply for Eme Ilq' Mortga Auistuee.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brill" It UIl to datel.
NATURE OF THE DEFAULT -The MORTGAGE debt by the above lewler 011 your property locted at:
at 407N BALTIMORE ST, MT ROLLY SPRINGS, PA 17007 IS SERIOUSLY IN DEFAULT because:
A. YOU HA VB NOT MADE MONTIIL Y MORTGAGE PAYMENTS for the followillg mollths lIlld the
foUowillg amounts lite IIOW past due:
06101/01 tm 08101101
Monthly Pllyments plus late charge or other fees: 52318.34
Total AmOUllt to Cure Def...l\: $1318.34
B. YOllHA VE FAILED TO TAKE TIn FOLLOWING ACTION (])o not nse llDot aDDlicahlel: NfA
ROW TO.ICURE THE DEFAULT -You mayeare the default within THIRTY (30) DAYS ofthetbte of this
notice BY PAYING TIn: TOTAL.AMOUNT PAST DlIJ TO THE LENDER, WHICH IS 5231".34
PLUS ANY MORTGAGE PAYMENTS AND LAm CHARGES WHICH: BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be IIUIIIe either 1>v cash. cashier's che<:k. certified check or mouev
order made 1lIlVlIble &od sent to:
Ameriquest Mortgage Company
50S South Main St:., Suite 6000
Orange, CA 92686-4509
You can cute any other default hytaking the following ac:tion within THIRTY (30) DAYS of the date of this 1eUer:
(Do not use ifnot aDDIica1>le.l NI A .
IF YOU DO NOT CURE THE DEFAULT-Ifyt>u do not care the default within THIRTY (30) DAYS of the date
of this NotiCc,theleaderlnleads .tlIu:efti.. its riRhtstoaccelerate the mort..."e deht. This.1IIl:IUIllthat lheentire
outS\llnd;"g 1llllance of this debt win be CC!JISidered due imme\liately audyon may lose the chance to par the
mortgage in monthly InstaUmeuts. If fUJl!IlIymeut of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends toiustruct itsattomeys to lIIartlegai action to foreeloee unon .,our 111_....11
Pro.........
IF THE MORTGAGE IS FO"RECLOSED 1lPON -- The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt If the lender refer. your case to its attomeys, but you care the delinquency befoJclhe.lender
begins legal proceedinga against yon, yon will still be ~to!lllY the reasonable attorney's fees that were
actuaIly inCl1lllCCl, up to S50.00. However, If legal proceedings lite sWted against yon, you wilIhaveto pay aD
reasonable aUOmey'sfees actually incurred by the lender even if they exceed S50.00. Any attorney's fees wlll be
added to the amOUllt yon owe the!eltdet, which may also include other ressonable costs. H you...ft the def."lt
within the THIRTY (30) DAY period. YOll wlIl not berea"lred to pay .ttOl"lley's f.....
OTHER LENDER "REMEDIES - The lender may also sue you persouaIly for the unpaid prlncipal balance and aU
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULTPlIIOR TO SHERIFF'S SALE -- If you have not carecI the default withiu
the THIRTY (30) DAY period and foreclosure proceedillgs have begau, you still have the rlght to cme the default
and prevent lhe sale at anv time up to ooehourbefore the Sherift'sSale. You ma., do. so 1>v pa.,mll" the total amollDt
then past due, pins any late or other ch8llles then due, reasonable aUOmey's fees and costs CQnnQl;tedwith the
fo_l_re sale and anv other costs connected with the Sherift's Sale as specified in writiUl! 1>v tliC lemIer and 1>v
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peIfotminll anv othet req.niremenlsnndet the mort.s,e. Curing your de18ult in the manuer set forth in tbil
notiee will reltore your mortgage to the lame poddon u if you had never defaulted.
EARLIEST POSSffiLE SBEllIFJi"S SALE DA 1'1: -It is estimated that the earliest date that such s Sheriff's Sale
of the mortgaged property could be held would be spproximately (6) MONTHS from the date of Ibis Notice. A
notice of the lICtual elate of the Sberift'. SIIIe will be sent 10)'OU before the sale. Of course, the amounl aeecled 10
CllIC the default will increase the Ionger)'OU wsit. Yon may fiud out sl IIll)' time exllCtly what the required psymenl
or lICtion will be by contllCting the lendet.
BOW TO CONTACT THE LENDER:
Amerique" MorIgage Company
5115 South Maiu St., Snite /i000
Oraa... CA '268645119
PhoueNumber BOf/-.f30-S2/i2 :J: 5812
I'ax N"mber 714-245-0598
EFFECT 01' SBE1lIll'll"S SALE - Y au should realize that 11 Sheriff's Sale will eud YOlll OWRet.hip of the
mortgaged propertylllld your right to occupy it. Ifyoa coati....e to live in the property lifter the Sherifi'. Sale, s
Iswlllit to remove you lIIId)'OUt fumisbings snd other belongings could be ll1lIrted by the lendet I1t my time.
ASSUMPTION 01' MORTGAGE -- You_ mayor --X- may aot (CHECK ONE) sen ortnmsfer your home
to S bayet or tI8IlIlferee who wiD assmne the mortgage debt, provided thel all the out"'nding psymeDls, charges md
sllom"". fees""" colt. are psid prior to or at the sale and that the other requil:em_ of the mortgage are sstisfiecL
YOU MAY ALSO HAVE THE BIGHT:
~ TO SBLL 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 BA VE THE MORTGAGE RESTORED TO THE SAME POsmON AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
~ 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 HA VB TO SUCH ACTION BY THE
LENDER
~ TO SEIEK PROTEcrIONUNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOn COUNTY AU
ATTACHED
Very Truly Your.,
Ameriques! Mortgage Company
Cc: Ameriques! Mortgage Compllll)'
Attn: Collections Department
Loan Number: 001005318'
Mailed by lit Cia.. Mail and by Certified Mail
PiI\.ACTil/NCP/7-o1
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Homeowners' Emergency Assistance Program
CUMBERLAND COUNTY
CCCS of West em Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, P A 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, P A 17104
(717) 232-9757
FAX (717) 234-2227
AIlPII4I"5-Ol
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, P A 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06288 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK MINNESOTA
VS
BURFORD GUY
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BURFORD GUY W
the
DEFENDANT
, at 1212:00 HOURS, on the 7th day of November, 2001
at 424 N HANOVER ST
CARLISLE, PA 17013
by handing to
GUY BURFORD
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
3.25
.00
10.00
.00
31. 25
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R. Thomas Kline
me this J..& ~
day of
11/13/2001
RICHARD M SQUIRE & ASSOC
By: ~~g. Ut
Deputy Sheriff
Sworn and Subscribed to before
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Prothonotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06288 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK MINNESOTA
VS
BURFORD GUY
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BURFORD KEITH M
the
DEFENDANT
, at 1120:00 HOURS, on the 7th day of November, 2001
at 407 N BALTIMORE STREET
APT 1
MT HOLLY SPRINGS, PA 17065
by handing to
CHERIE BURFORD, WIFE
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
Service
Affidavit
Surcharge
So Answers:
6.00
4.55
.00
10.00
.00
20.55
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R: Thomas Kline
day of
11/13/2001
Rl=:M 'QU1~AiA' MSOC ~C
" S riff
/
Sworn and Subscribed to before
...
me this ;U.-
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WELLS FARGO BANK MINNESOTA, N.A,: IN THE COURT OF COMMON PLEAS
SIB/M TO NORWEST BANK MINNESOTA,: OF CUMBERLAND COUNTY,
N.A., AS TRUSTEE OF SALOMON BROS.: PENNSYLVANIA
MORTGAGE SECURITIES VII, INC,
FLOATING RATE MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES
1999-AQ 1 UNDER POOLING and : NO. 01-6288 CIVIL TERM
SERVICING AGREEMENT DATED AS OF:
MARCH 1, 1999 WITHOUT RECOURSE, : CIVIL ACTION
PLAINTIFF
: MORTGAGE FORECLOSURE
v.
GUY W. BURFORD and KEITH M.
BURFORD,
DEFENDANTS
NOTICE TO PLEAD
TO: Wells Fargo Bank Minnesota, N.A.
You are hereby notified to file a written response to the attached Preliminary
Objections to Plaintiffs Complaint in Mortgage Foreclosure within twenty (20) days
from service hereof or a judgment may be entered against you.
/1/;) 7/0f
Date
Ph~/ 6,~
Counsel for Defendants
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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WELLS FARGO BANK MINNESOTA, N.A.: IN THE COURT OF COMMON PLEAS
SIB/M TO NORWEST BANK MINNESOTA,: OF CUMBERLAND COUNTY,
N.A., AS TRUSTEE OF SALOMON BROS.: PENNSYLVANIA
MORTGAGE SECURITIES VII, INC,
FLOATING RATE MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES
1999-AQ 1 UNDER POOLING and : NO. 01-6288 CIVIL TERM
SERVICING AGREEMENT DATED AS OF:
MARCH 1, 1999 WITHOUT RECOURSE, : CIVIL ACTION
PLAINTIFF
: MORTGAGE FORECLOSURE
v.
GUY W. BURFORD and KEITH M.
BURFORD,
DEFENDANTS
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT IN
MORTGAGE FORECLOSURE
COMES NOW Defendant Keith M. Burford, by counsel, Philip C. Briganti,
Esquire, MidPenn Legal Services, and raises the following Preliminary Objections to
Plaintiffs Complaint in Mortgage Foreclosure:
1. MOTION FOR MORE SPECIFIC PLEADINGS
1. In Paragraph 1 of Plaintiff s Complaint, Plaintiff alleges that it "is a
corporation with a principal place of business at."
2. In Paragraph 11 of Plaintiff s Complaint, Plaintiff alleges that a notice was
"mailed to each individual Defendant via regular and certified mail, retnrn receipt
requested, on ."
3. Because said averments are incomplete and lack sufficient specificity,
Defendant is unable to respond to them.
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WHEREFORE, Defendant moves that Plaintiff be ordered to amend its
pleadings to contain sufficient specificity for Defendant to file a responsive pleading.
II. MOTION TO STRIKE OFF COMPLAINT FOR F AlLURE TO CONFORM
TO RULES OF COURT
4. The verification attached to Plaintiffs Complaint, which was made by
Plaintiffs counsel, does not conform to the requirements ofPa. RC.P. No, 1024 (c), in
that it fails to state the source of said counsel's information as to matters not stated upon
his own knowledge and fails to state the reason why the verification was not made by a
party.
WHEREFORE, Defendant requests that Plaintiff's Complaint be struck off.
Respectfully submitted,
~(y
Counsel for Defendant Keith M.
Burford
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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VERIFICATION
I, Keith M. Burford, hereby verifY that that I have read the foregoing Preliminary
Objections to Plaintiffs Complaint in Mortgage Foreclosure, and that the statements of
fact therein are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 P.S.
:::0;i:J7~r o_om fuJ,ifi,""on to ""iliR~ ~/
Keith M. Burford, Defenda
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CERTIFICATE OF SERVICE
I, Philip C. Briganti, hereby certifY that I am this 27th day of November, 2001,
serving a copy of the foregoing Notice to Plead and Preliminary Objections to Plaintiff's
Complaint in Mortgage Foreclosure upon Plaintiffs counsel at the following address by
first-class U.S. mail, postage prepaid:
Richard M. Squire, Esquire
RICHARD M. SQUIRE & ASSOCIATES, L.L.c.
One Jenkintown Station, Suite 104
115 West Avenue
Jenkintown, PA 19046
Philip C. B ganti
Counsel for Defendant Keith M.
Burford
MIDPENN LEGAL SERVICES.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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Richard M. Squire, Esquire
Richard M. Squire & Associates, LLC
115 West Avenue
Suite 104
Jenkintown, P A 19046
(215) 886-8790
Fax: (215) 886-8791
Attome s for Plaintiff
Wells Fargo Bank Minnesota, N.A, slb/m to
Norwest Bank Minnesota, N,A, as Trustee of
Salomon Brothers Mortgage Securities VIl, Inc"
Floating Rate Mortgage Pass-Through
Certificates, Series I 999-aq 1 Under Pooling and
Servicing Agreement dated as of March I, 1999
without Recourse,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 01-6288 CIVIL TERM
PLAINTIFF,
CIVIL ACTION
v.
MORTGAGEFQRECLOSURE
Guy W. Burford
Keith M. Burford
DEFENDANTS.
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute and attach the attached Verification to the above-captioned Complaint filed on
November 5, 2001.
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VERIFICATION
Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless
designated otherwise; that he is authorized to make this Verification and does so because of the exigencies
regarding this matter, in compliance with Pa. RC.P. ~ 1 024 (c), and because Plaintiffmust verifY much of
the information through agents, and because he has personal knowledge of some of the facts averred in the
foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best
ofhisknowledge, information and belief and the source ofhis information is public records and reports of
Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties
of 18 Pa.C.S.~4904 relating to unsworn falsification to authorities.
Date: Januarv 2 L 2002
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Richard M. Squire, Esquire
Richard M. Squire & Associates, LLC
115 West Avenue
Suite 104
Jenkintown, P A 19046
(215) 886"8790
Fax: (215) 886-8791
Attorneys for Plaintiff
Wells Fargo Bank Minnesota, N.A., slb/m to
NOlwest Bank Minnesota, N.A., as Trustee of
Salomon Brothers Mortgage Securities VII, Inc.,
Floating Rate Mortgage Pass-Through
Certificates, Series 1999-aq I Under Pooling and
Servicing Agreement dated as of March 1, 1999
without Recourse,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 01-6288 CIVIL ACTION
PLAINTIFF,
CIVIL ACTION
v.
Guy W. Burford
Keith M. Burford
MORTGAGE FORECLOSURE
DEFENDANTS.
CERTIFICATE OF SERVICE
I, Richard M. Squire, Esquire, hereby certifY that I served true and correct copies of the
Plaintiff's Response in Opposition to Preliminary Objections of Defendants upon the following person
named herein at their last known address or their attorney of record.
xxxxxx
Regular First Class Mail
Certified Mail
Other (certificate of mailing)
Date Served: January 22, 2002
TO: Philip C. Briganti
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
~-'"
Richard M. Squire, Esquire
Richard M, Squire & Associates, LLC
115 West Avenue
Suite 104
Je,ilintown, PA 19046
(215) 886-8790
F",,: (215) 886-8791
Atlorne s for Plaintiff
Wells Fargo Bank Minnesota, N.A., s/b/m to
NOIWest Bank Minnesota, N.A., as Trustee of
Salomon Brothers Mortgage Securities vn, Inc.,
Floating Rate Mortgage Pass-Through
Certificates, Series 1999-aql Under Pooling and
Servicing Agreement dated as of March 1, 1999
without Recourse,
PLAINTIFF,
v.
Guy W. Burford
Keith M. Burford
DEFENDANTS.
AND NOW this
day of
, 2002, upon consideration of
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 01-6288 CIVIL TERM
CIVIL ACTION
MORTGAGE FORECLOSURE
ORDER
Plaintiff's Response in Opposition Preliminary Objections by Defendant, it is hereby ORDERED that
said Preliminary Objections are DENIED, and the Defendants are required to answer the Complaint
within twenty (20) days.
BY THE COURT:
J.
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Richard M. Squire, Esquire
Richard M. Squire & Associates, LLC
115 West Avenue
Suite 104
Jenkintown, PA 19046
(215) 886-8790
Fax: (215) 886-8791
Attorne s for Plaintiff
Wells Fargo Bank Minnesota, N.A., slb/m 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 Pooling and
Servicing Agreement dated as of March 1, 1999
without Recourse,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 01-6288 CIVIL ACTION
PLAINTIFF,
CIVIL ACTION
v.
MORTGAGE FORECLOSURE
Guy W. Burford
Keith M. Burford
DEFENDANTS.
RESPONSE IN OPPOSITION TO
PRELIMINARY OBJECTIONS OF DEFENDANTS
Plaintiff, Wells Fargo Bank Minnesota, N.A., sIb/m to Norwest Bank Minnesota, N.A., as
Trustee of Salomon Brothers Mortgage Securities VII, Inc., Floating Rate Mortgage Pass-Through
Certificates, Series 1999-aq1 Under Pooling and Servicing Agreement dated as of March 1, 1999 without
Recourse("Plaintift"), by and through its undersigned counsel, Richard M, Squire, Esquire, responds in
opposition to the preliminary objections of Defendants as follows:
1.) The Plaintiff in this matter is Wells Fargo Bank Minnesota, N.A., slb/m to Norwest Bank
Minnesota, N.A., as Trustee of Salomon Brothers Mortgage Securities VII, Inc., Floating Rate Mortgage
Pass-Through Certificates, Series 1999-aq 1 Under Pooling and Servicing Agreement dated as of March
1, 1999 without Recourse.
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2.) On November 15,2001, Plaintiff filed its Complaint in Mortgage Foreclosure against
Guy W. Burford and Keith M. Burford for failure to make monthly mortgage payments from May 1,
2001 to the present.
COUNT 1 - PRELIMINARY OBJECTIONS
MOTION FOR MORE SPECIFIC PLEADING
3.) Paragraphs 1 and 2 of this response to Preliminary Objections of Defendant are
incorporated by reference as though fully set forth at length.
4.) Through a typographical error contained in Plaintiffs Complaint, Plaintiff omitted its
address, which is:
c/o Ameriquest Mortgage Company, 505 South Main Street, Suite 6000 Orange CA 92868-4509.
This information is easily obtainable by Defendants since they are obligors under the mortgage and note
and thus they are able to respond this averment. Ameriquest Mortgage Company services this loan on
behalf of the Plaintiff.
5.) Through a typographical error contained in Plaintiffs Complaint, Plaintiff omitted the
date on which its ACT 91 Notice was mailed to Defendants. However, Plaintiff includes as Exhibit "B"
to its Complaint, copies of the Notice, dated August 2, 2001. This information is easily obtainable by
Defendants since the Notice was mailed to them, and thus they are able to respond to this averment.
Defendants have not denied receipt of the Notice.
WHEREFORE, Plaintiff requests that the preliminary objections be overruled, and the
Defendants be required to answer the Complaint within twenty (20) days.
COUNT 2 - PRELIMINARY OBJECTIONS FOR MOTION TO STRIKE
OFF COMPLAINT FOR FAILURE TO CONFORM TO RULES OF COURT
6.) Paragraphs 1 through 5 of this response to Preliminary Objections of Defendant are
incorporated by reference as though fully set forth at length.
7.) Plaintiffhas filed a Praecipe to Substitute Verification on (date) in compliance with Pa.
R.C.P. S 1024 (c).
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WHEREFORE, for the reasons set forth above, Plaintiff respectfully moves this Honorable
Court to overrule the Preliminary Objections of the Defendants, and Order the Defendants to answer
the Complaint within twenty (20) days.
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