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Home My WebLink About03-3761GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A~ GOLDEECK, JR. ATTORNEY I.D. #16132 SUITE 500 '- THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA NA, S/B/M TO NORWEST BANK MINNESOTA NA, AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., ASSET-BACKED CERTIFICATES SERIES 1998-AQ1 UNDER POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 1998 WITHOUT RECOURSE 505 City Parkway West, Suite 100 Orange, CA 92868 Plaintiff VS. KATHY D. BRUGGER JOSEPH W. BRUGGER Mortgagor(s) and Real Owner(s) 1318 Concord Road Mechanicsburg, PA17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. (.';~ViL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in cour~ If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days aRer the Complaint and notice are served, by entering a w~tton appearance i~rsonally or by atlomey and filing in w~iting with the cour~ your d~thnses or objections to the claims set forth against you. You ar~ warned that if you fail to do so the cas~ may proceed without you and a judgment nary b~ ~ntore, d against you by the Cour~ without fur~er notice for any money claim in the Complaint of for any other claim or r~lief requested by the Plaintlf~ You may lose money or prol~rty or other fights impomnt to you. YOU SHOLrLD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH]~ OFFICE SET FORTH BELOW TO FIND OUT WHER3E YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 lrvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COLrbrI~ BAR ASSOCIATION 2 Lib~, Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADA$, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSAR[O QUE USTED, O gu ABOGADO. REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PIYNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUESAS EN ESTA DEMANDA. RECUERDE: SI USTED NO HEPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ?ARTICIFACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECID1R A FAVOR DEL DEMANDANTE Y P~EQUER!RA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. PeR RAZON DE ESA DECISION. ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFEHENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle. PA 17013 71%243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Ltheay Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WELLS FARGO BANK MINNESOTA NA, S/B/M TO NORWEST BANK MINNESOTA NA, AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., ASSET- BACKED CERTIFICATES SERIES 1998-AQ 1 UNDER POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 1998 WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The name(s) and address(es) of the Defendant(s) is/are KATHY D. BRUGGER, 5070 Bass Lake Drive, Apartment T3 Harrisburg, PA 17111 and JOSEPH W. BRUGGER, 5070 Bass Lake Drive, Apartment T3 Harrisburg, PA 17111, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. OnMarch 19, 1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1442 Page 271. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: WELLS FARGO BANK MINNESOTA NA, S/B/M TO NORWEST BANK MINNESOTA NA, AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., ASSET-BACKED CERTIFICATES SERIES 1998-AQ 1 UNDER POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 1998 WITHOUT RECOURSE by Assignment of Mortgage, which assignment is lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due February 01, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 01/01/2003 through 07/31/2003 at 11.0000% Per Diem interest rate at $21.23 Attorney's Fee at 5.0% of Principal Balance Late Charges from 02/01/2003 to 07/31/2003 Monthly late charge amount at $55.12 Costs of suit and Title Search Credit Escrow Expenses Demands Reconveyance fee Recording fee Monthly Escrow amount $318.09 $69,465.25 $4,500.76 $3,473.26 $376.56 $900.00 $78,715.83 -$784.47 +$3,144.22 +$85.00 +$60.00 +$19.00 +$12.00 $81,251.58 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the tree and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $81,251.58, together with interest at the rate of $21.23, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: BGyO: ~BFEc~K~Mu~~~ EVER ATTORNEY FOR PLAINTIFF VERIFICATION I, Steve Whitaker, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. AMERIQUEST MORTGAGE COMPANY Jo,~e~h 1.318 Concerd. Mechanic=burg, ~& 17055 that certain property in ~he Township of Hampden, COUNTY of Cumberland, and CO~ONW~ALTH of Penns~lval~i&~ Parcel I. D. ~1016~06%090, b~in~ more ~ul~y d~scrlb~d in Deed dated 0~/14/96, recorded 06/1~/76, and appearin9 amon~ the la~ racords of the County and P.O. Box 1100.0 State ~lt, CA 92711-]~ 7182 6389 3060 0240 7600 MORTGAGE A April 02, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0004738159 Properly Address: 1318 CONCORD RD, MECHANICSBURG PA, 17055 Original Lender: Amedqucst Mo~a~ Company CuD'eel Lcmicr,/Scrvicer: Amcfique~t Moflgagc Company THIS ]FIRM IS A DEBT COLLECTOR ATT~dI*TING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N AN ATTEM]PT TO COLLECT '1'11~ INDEBTeDNeSS R~I~RR~D TO HERlqN ~ ANY INEORMATION OBTA]Iq'~D FROM YOU WILL BE USED FOR THAT PURPOSE. I~ YOll HAW PREVIOUSLY RECEIVED A DISCHARGE IN BAlq-KRUPTCY, TlilS CORItI~$1$ONDENC~ IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCeMeNT OF A LII~N AGAINST PROPERTY. This iS an ~=tciel motiee ~al the mortgage ~m vomr hme is in dofnmlt, and the lem~er intends to foreclose. Sl~cfffic inforsaagom al~mt the matmre of the dofanlt is prodded in the attaebed i~ase~ The HOM~OWI~R'S MORTGAGE ASSISTANCE PROGRAM (]~MAP) may be able to kell~ to save vanr h~me. This Notice eXl~lalms bow tie mt~lrm works. To see if ii. MAP can helD. vms mmst M~ET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN $~ DAYS O]~ 'l'lisc DAT~ OF THIS NOTICE. Take this Nm~ice with y~m wban yom meet with the CotmselinR ARanc~. The me, addms and ~home nmber of Cansnmer Ccedit Cmunselln[ A~em*4ce servinl ?anr Cmt~ are listed mt the and of ~ N~lce. I{ you I~ve ou! ~lme~loms. iran mai' ¢~11 the ]~smsylvmmin ~lanslnR ]~Imance Manev toll free at l-~0-$42-i3~?.fPercems with iml~alced hearinR can call (TIT) 78~-1869}. This Notice caninlns impor~sat le~el informatiOL If you bare any queMioms~ ~'presentnflves at the Coasamer CredJ* Counseling ASanc! may he able to help explain it. You may also want to contact an aitorue~ in your area. The local bar associnflou may be able to help you find a lawyer, LA NOTIFICACION EN AD JUNTO ES DE SUMA IM~ORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE gL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IN'MEDITA.MENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO P.O. Bo~ 11~0,0 S_COa Au~, CA 927i1-1000 7182 6389 3060 0240 7594 AMERIQUESTe MORTGAGE C(}MPANY JOS]~PH W BRUGGER KATHY D BRUOGBR 5070 BASS LAKE DR APT T3 HARRISBURG, PA 17111 April 02, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Numbe~: 0004738159 Property Address: 1318 CONCORD RD, MECHANICSBURG PA, 17055 Ofigiml Lond~r: Amefiquest Mo~gaSe Comlamy Cu~m Leade~tScrvic~r: Amcfiquest Mofl~agc Company TH~S ~ IS A DEBT COLLECTOR ATi'I~MPTING TO COLLECT A DEBT. THI~ NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT 'l'll~ INDEBTEDNESS REPERRED TO HEREIN AI~ ANY INFORMATION OBTAINED I~OM YOU W~.L BE USED FOR THAT PIYRPOSE. I~ YOU HAV~ PREVIOUSLY ~ECEIVED A DISCHARGE IN BANKRUPTCY, CORRESPONDENCE IS NOT AN~ SHOULD NOT DE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OP A LIEN AGAINST PROPERTY. This is an official notice that the mortlate on ?our home is in default, and the lender intends to roreclest Sveeifle information al~mt the mature of the ddauR is ~rovtded in the attathed The ROMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (H~MAP) tony be able to held to save xonr hut. This Natiee exuinins how the prot, rm worka. To ~ee if Ii,MAP clm hell~, yon mu~t M~ET V~ITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF YHz DATE OF THIS NOTICE. Take this Noltee ,,;ti von whon you meet with the Colw~lia! Aioney. The nme. address and mkane anmber of Consumer Credit Connselinl Atoucies servlnn vonr Cognty Jbtod at the and of this No~ce. If yon heye u! (laesflon,. you ney call the Pemylvula Honsint Finance AtonCv toll tree at 1-800-342-2397.~Persons with inmaired hearint can coil {717~ 780-1869). This Not/ce contains important legal information. If yon have any questions, repruontafives at the ConremeF Credit Connselinj Agency may be aide to help explain it. You may also want to contact an attorney in your area. The local bar ·nociation may be able to hdp yon find · lawyer. LA NO'i'IFiCACION EN AD JUNTO ES DE SU]WA IMTORTANCIA, PUES AFECTA SU DERECHO A CONTIN17AR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACXON OBTENGA UNA TRADUCCION [NM~DFFAM~NTE LI~,MANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUM~RO MENCIONADO A~RIRA. PUEDES SER ELEGIBLE PARA UN FRKSTAMO PeR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DEBECHO A REDIMIR SU JiIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR IlOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COM~LY WITH TII~ PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTH~R ELIGIBILITY REQE'IREMENTS ESTABLISHED BY PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Undar the Act you arc ~tifled to a tempora~ stay of forccioenre on your moflgege for thirty (30) days from thc d_~_t~ of this Notice. During that timc you must arrange and attend a face-to-face meeting with ouc of the comun~ credit counseling agencies listed at the end of this Notice. ri'mS MEETING MUST OCCUR WITHIN 'l'm~ NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BP.ING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED ~IOW TO CUR~ YOUR MORTGAGE DEFAULT' EXI~LAINS HOW TO BRIIqG YOUR MORTGAGE U'P TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you mcc~ with one of thc consume~ credit counscling a~cnc~ listed at the md of this notice, the londar may NOT lake nctiou m~nin~t you for thJrt~ (30) days after the date of this moating, The names, athbesses and telol~houe numbors of desi~.~,nted conanmcr c~edit counsolin~q agmcies for the county in which the urouer~ is located are set foflh at thc md of this Notice. It is only necessary to schedule one face-to-face meeting. Adyisc your lender imm~diatCJy.Of yOUr intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your moflgege is in a cl~auli for the reasons Scl forth later in ~his Natice (see following pages for spccific information about the natu~ of your de~nuit.) If you have Ixied and are unable to resolve this pl~hicm with the lendar, you have the right to apply for ~i~ne, ia] assistance from the Homcow]~r's Emergency Mortgage Assistance Pragrnm To do so. you mast fill out, sign and file a coarplated Homcownci~s Emergency Assistance Program Application with onc of the deai~mted consumer ~ counseling agcncias listed et thc end of this Notice. Only consume~ csedit counseling agancics heve applications for thc prog~tm and they will assist you in submit~n§ a complete application to the pe~sy]3mnin Housing Fismuee Agoucy. Yoar application MUST he filed or pnsUna~-ed within thirty (30) days of your faco-to-face ranatin& YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN Tltis LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DEN'IED. AGENCY ACTION - Available fands for cmargency moflgagc assistance are very limited. They will be disbursed by thc Agency under the etig~ifily crito~in established by the Act The Pennsylvania Housing Finnnc~. Agency has sixty (60) days to rnntre a dscision alter it secelves your application. Dmlng that time, no foreclosu~ proceedings will be pursued agnin~ you if you have mat the ~ rcqui~mouls set forth above. You will he notified dil~tly by the p~y]vnnln_ [-~ousiag Pinnn~ A~ency of its decision on your applicatfon. April 02, 2O03 Lenn Number: 0004738159 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF '1~11~ NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If yen have filed bankruptcy you can still apply for Emergency Mortgage Anistance~) HOW TO cug~ YOUR MORTGAGE DEFAULT (Brin, it uu to datoL NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your pro~cfly looted at: at 1318 CONCORD RD, MECHANICSBURG, PA 17055 IS SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the f0llowing moothe and the renewing amouots are now paat due: 02/01/03 thru 04/01/03 at $] 102.57 per month Month{y Payments plus late charge or other fees: $2711.52 Total Asuenmt ~o Cure Default: $2711.S2 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION lDo not use if mot auulleable): N/A HOW TO CURE THE DEFAULT =-Yon may cure thc default wi*l,in THIRTY (30) DAYS of thc date of this notice BY PAYING 't1'Z TOTAL AMOUNT PAST DUE TO 'l'lll~ LENDER, WHICH IS $2711.52 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WLUCH BECOM~ DUE DURING THE THIRTY (30) DAY PERIOD. ProMs muat be made either bT cash. ¢.q~hifY's check, certified check or money order mnfle payable 8{ld sega to: Ameriqnos~ Mol~tge Company 505 City Perkwny Wes~ Suite #100 Orange, CA 92868-2912 You can cure any other ciofault by taking the following aotion within THIRTY (30) DAYS of the dnte of Ibis letter: (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT--ffyou do not cure the d~anll within THIRTY (30) DAYS of the date of thi~ Notice, the lender htcnds to exercise its rit, htc to steederMe the moFttage debt. This means that the entire On*pnurlin~ bnhnCC Of this d~bt will be considered due immediately and yon may lose the chance to pay the mortgage in monthly ins**nmcuts. If full paymem of the total amonot past due is not mna~. within TI-HRTY (30) DAYS, the Icmier aise intends to inslruct its attorneys to staff legal notion to iroreeloso ul)on your mort~aRed IF THE MORTGAGE IS FORECLOSED UPON - Thc moflgnged property will be sold by the Sheriffto pay off thc mortgage debt. If the lender refers yent case to its attorneys, bm you cute the delinquency before the lender begins legs] preceedings ~.mai~ you, you will still be requi~J to pay the reasonable attorney's fees that were ~uaily in,.uz~i, up to $50.00. However, ff legal proceedings ~e started a~in~ you, you will have to pay a~ reasonable attorneys fi:es aotuaily incun~d by the lender eyen if tbey exceed $50. O0. Any mtornoy's fees will bc added to the amount you owe the lender, which may aim include otbe~ reasonable costs. If yon cure the default within the TH i it T~ (30) DAY period, yen will not be r~ulred to pay nttorno~'s fee~ OTHER LENDER REMEDIES - The lender may also sue you personally for the uepaid principal balance and aB other stuns due under the mortgage. RIGHT TO ~CUItE T~tZ DEFAULT PRIOR TO SHERIFF*S SALE - If yen have not cured thc de~enlt within thc THIRTY (30) DAY pcrJed and foreclosure lXOceedings have begun, yon ~tn! kqve th. righ~ to cure th- d~f*u!t and prevent the salem any timc up to one honr he. re the Sheriff's Sale. Yon may do so bT pa3,in~ the total amount then past duc. plus any leto or other charges then duc. reasoanblc atterncy*s fees and costs connected with thc £oreclosure sale end ouy other costs c:onn~oted with the SherifFs Sale es spccified in v,~fitin~ by thc lender end bT pcfformin~ any other requirements ander thc moflgage. CurbS yaur default in the manner set forth in this notice will restore year moFtpge to the same poslttou as ir you had neyer defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that thc cariicst date that such a Sheriff's Sale of the mo~aged properly could be hem would be appro~mn~eby (6) MOBFI'HS fxom the date of ~his Notice. A no,ce Of the actual date Of thc Sheriff's Sale w~] be sen! to you bofo~ the sale. Of co~$e, tbe amo~mt ~ed~d to cu~e thc default will increase the Mn~c~ yo~ wait. You may f~d out at any time exactly what the ~q~red payment or ac~on will be by contain§ thc ic~dcr HOW TO CONTACT THE LENDER: Amerlqueat Mortgage Compauy SOS City Parkway West, Suite #100 Orange, CA 92868-2912 Pitoue Number 800-430-S262 · S912 Fax Number 714-634~8677 EgFECT OF S~ERII~'S SALE - You should rcalizc flu~ a She~'/ffs Sale will emi your own~sh/p Of thc mofl~sged properly ami you~ fight ii, occupy it If you continue to Ih, e in the property stet thc Sheriffs Sale, a lawsuit to removc you and you~ fun~h~,~ ami other belousi~gs could be s~fled by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X~ may not (CHECK ONE) scll or ~rausfcr your home to a beyer or tr~c~ee who will assume the mofl~agc debt, l~Ovided that all the oot~n~iln~ p~ym~ot~, Ch/L~es aud attorney's fees and cum are paid prior to or at thc sale and tirol thc cihc~ ~equircmenis of thc moflsage a~c s~i~cd. YOU MAY ALSO HAV~ THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IFNO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TNAN Ti-k~B TIMES IN ANY CALENDAR YEA~) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY O~ LAWSUIT INSTITUTED UNDER TH~ MORTGAGE DOCUME~S, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TI-Il/ LENDER. = TO SEEK PROTECTION UNDER THE FEDI~,AL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Vc~y Truly Yom~, Amcfiquest Moflsagc Company Cc: Amefiqueet Mortgage Company At~: Collections Depa_.-'l]nout Loan Number: 0004738159 Mailed by 1st Class Mall and by Certified Mall Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 L'mgiestown Road Harrisburg. PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Der~j Street Harrisburg, PA 17104 (717') 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Sweet Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3815 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Ge'~tysburg" PA 17325 (717) 334-1518 FAX (717) 334-8326 GOLDBECK McCAFFERTY & t4cKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK MINNESOTA NA, S/B/M TO NORWEST BANK MINNESOTA NA, AS TRU$ u:E OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., ASSET-BACKED CERTIFICATES SERIES 1998- AQ1 UNDER POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 1998 WI-FHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. KATHY D. BRUGGER JOSEPH W. BRUGGER (Morl~agor(s) and Record owner(s)) 1318 Concord Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-3761 PRAECIPE TO SETTLEr DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03761 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS BRUGGER KATHY D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT BRUGGER KATHY D unable to locate Her in his bailiwick. COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the the within named DEFENDANT 1318 CONCORD ROAD MECHANICSBURG, PA 17055 CHRISTOPHER BRUGGER, OF THE PROPERTY. BRUGGER KATHY D , NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge SON OF DEFENDANTS, SAYS THAT HE NOW THE OWNER NEITHER KATHY OR JOSEPH LIVES THERE. 18.00 10 00 ~ff of Cumberland County 00 /GO~DBECK 46 8q MCCAFFERTY MCKEEVER 09/04/2003 Sworn and subscribed to before me this /l~-- day of ~, 3~ A.D. notary I ' SHERIFFIS RETURN - CASE NO: 2003-03761 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND WELLS FARGO BANK MINNESOTA NA VS BRUGGER KATHY D ET AL R. Thomas Kline duly sworn according to law, says, that he made a inquiry for the within named DEFENDANT BRUGGER JOSEPH W unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , NOT FOUND , as to BRUGGER JOSEPH W 1318 CONCORD ROAD MECPLANICSBURG, PA 17055 CHRISTOPHER BRUGGER, SON OF DEFENDANTS, SAYS THAT HE IS THE CURRENT OWNER OF THE PROPERTY. NEITHER DEFENDANT LIVES THERE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 ..... .00 ~,~ 5.00 .~_R. Thomas Kline 10.00 S~riff of Cumberland County .00/// 21.00//GOLDBECK MCCAFFERTY MCKEEVER v 09/04/2003 Sworn and subscribed to before me /7 ~-' day of ~~ this J~ A.D. notary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS BRUGGER KATHY D ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BRUGGER KATHY D but was unable to locate Her in his deputized the sheriff of DAUPHIN serve the within COMPLJ~INT - MORT FORE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: bailiwick. He therefore County, Pennsylvania, to On September 4th , 2003 this office was in receipt of the attached return from DAUPHIN . Docketing 6.00 Out of County 9.00 ,~'~ Surcharge 10.00 ~c R. ~hom~ Kllne Dep Dauphin Co 57.00 S~rif~ of Cu~erland County .00 o /o4/ oo3 Sworn and subscribed to before me /7 ~ day of ~f,~ this A.D. Prothonotary SHERIFF'S RETURN - CASE NO: 2003-03761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS BRUGGER KATHY D ET AL OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BRUGGER JOSEPH W but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - in his bailiwick. County, MORT FORE He therefore Pennsylvania, to On September 4th 2003 , this office was in receipt of the attached return from DAUPHIN . Sheriff ' s Costs, So Docketing 6.00 Out of County .00 Surcharge 10.00 .00 ~- ~er~f of Cu~erland County 16.00 Sworn and subscribed to before me this /~ day of A.D. Prothonotar~ In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo ~ank Minnesota Kathy D. Brug§er et al 03-3761 civil SERVE: Kathy Do Brugger No. NOW, Auqust '5, 2003 hereby deputize the Sheriff of , I, SI-tERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock __ M. served the within upon by handing to a · and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : WELLS FARGO BANK MINNESOTA vs : BRUGGER JOSEPH W Sheriff's Return NO. 2102-T - -2003 OTHER COUNTY NO. 03 3761 AND NOW:August 27, 2003 at l:22PMserved the within NOTICE & COMPLAINT IN MORTG FORECLOSURE BRUGGER KATHY D to DEF of the original upon by personally handing 1 true attested copy(les) NOTICE & COMPLAINT IN MORTG FORECLOSURE and making known DEF MOVED INTO CUMBERLAND COUNTY. MECHANICSBURG PA. to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE FRONT & MARKET STREETS, ROOM 104 HARRISBURG, PA 17108-0000 HER NEW ADDRESS IS 809 WEST TRINDLE ROAD Sworn and subscribed to >efore me this 4TH day of"~EPT BER, PROTHONOTARY 2003 SO Answers, Sheriff of Dauphin County, Pa. Sheriff's Costs:S57.00 PD 08/07/2003 RCPT NO 181485 HOFFMAN In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Far§o Bank Minnesota VS. Kathy D. Brugger et al SERVE: 03-3761 civil Joseph W. Brugger No. No%v~ August '5, 2003 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service Now, within ,20 , at o'clock ~M. served the upon by handing to · and madeknownto copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,2O COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief l~'puty Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin WELLS FARGO BANK MINNESOTA VS BRUGGER JOSEPH W Sheriff's Return No. 2102-T -2003 OTHER COUNTY NO. 03 3761 AND NOW:August 19, 2003 at 8:25PMserved the within upon by personally handing 1 true attested copy(les) and making known 17111-0000 NOTICE & COMPLAINT IN MORTG FORECLOSURE BRUGGER JOSEPH W to DEF of the original NOTICE & COMPLAINT IN MORTG FORECLOSURE to him/her the contents thereof at 5070 BASS LAKE DRIVE APT T3 HARRISBURG, PA Sworn and subs~bed to b~Qlr~_m/~ this 27TH dak9 OH AUGUST, 2003 PROTHONOTARY So Answers, Deputy Sheriff Sheriff's Costs: $57.00 PD 08/07/2003 RCPT NO 181485 K COOK