Loading...
HomeMy WebLinkAbout03-5767FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A., S/B/M TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTWICATES, SERIES 1999-AQ1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 505 SOUTH MAIN STREET ORANGE, CA 92868 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Plaintiff KEITH M. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 GUY W. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 81979 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS 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 COMPLAINT. 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. File#: 81979 Plaintiff is WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 505 SOUTH MAIN STREET ORANGE, CA 92868 The name(s) and last known address(es) of the Defendant(s) are: KEITH M. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 GUY W. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/25/1999 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 CUMBERLAND County, in Mortgage Book No. 1516, Page 1001. By Assignment of Mortgage recorded 12/10/2001 the mortgage was assigned to PLAiNTIFF which Assignment is recorded in Assignment of Mortgage Book No. 682, Page 4771. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2003 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. File#: 81979 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2003 through 10/31/2003 (Per Diem $17.21 ) Attorney's Fees Cumulative Late Charges 01/25/1999 to 10/31/2003 Cost of Suit and Title Search Subtotal $60,438.18 4,698.33 1,250.00 154.26 $ 550.00 $ 67,090.77 Escrow Credit 0.00 Deficit 1,591.84 Subtotal $ 1,591.84 TOTAL $ 68,682.61 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 68,682.61, together with interest from 10/31/2003 at the rate of $17.21 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. FED.~?~AN AND PHE~L_AN, ITLP By: /~/ /s/Francis S. Hallinan FR)~ FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff File#: 81979 Rol~c.a F.~o~ ~vlnS f ~onSa,qo m~ B~..!~,xc Aver, nc of $0 f'~ct and cz'tc~d_!.,,~ in d~nt.h 180 ~e~ l..~.vtng mct-c(,~ ,cn~=d ,, cwo ~ gntmc dw~llin~ home known as ~7 No~b ~ PREHISES BEING: 407 NORTH BALT~IORE AVENUE VERIFICATION Rose C. Lara hereby states that she is Foreclosure Supervisor of AMERIQUEST MORTGAGE COMPANY mortgage servicing agent for Plaintiff in this matter, that she is author/zed to take this Verification, and that the statements made m the foregoing Civil Action ha Mortgage Foreclosure are Uae and correct to the best of 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 unswom falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2003-05767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS BURFORD KEITH M ET AL REGULAR ROBERT BITNER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BURFORD KEITH M DEFENDANT , at 1915:00 HOURS, at 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 KEITH BURFORD a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 5th day of November , 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this /y~-~ day of ~~ a~ A.D. · 'Prothonotary ~ So Answers: R. Thomas Kline 11/05/2003 FEDERMAN & PHELAN By: )Deputy Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2003-05767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS BURFORD KEITH M ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BURFORD GUY W DEFENDANT , at 1915:00 HOURS, on the at 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 KEITH BURFORD, ADULT IN CHARGE a true and attested copy of COMPLAINT - was served upon the 5th day of November , __ 2003 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of A.D. thonotary So Answers: R. Thomas Kline 11/06/2003 FEDERMAN & PHELAN j epu~y Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 WELLS FARGO BANK MINNESOTA, NoA., S/B/M TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VH,/NC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SER/ES 1999-AQ1 UNDER THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff, V. KEITH M. BURFORD GUY' W. BURFORD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-5767 C.T. Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KEITH M. BURFORD and GUY W. BURFORD, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale &thc mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/1/03-12/11/03 TOTAL $68,682.61 $705.61 $69,388.22 I hereby certify that (I) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA/~F.}D. . DATE: ~ PRO PROTItY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2~ 5) 56%7000 WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE POOLING AND SERVICING AGREEMENTDATED AS OF MARCH 1, 1999 Plaintiff Vs. KEITH M. BURFORD GUY W. BURFORD Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5767 CIVIL TERM TO: KEITH M. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 DATE OF NOTICE: NOVEMBER 26, 2003 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 PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANTNOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE ' FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PI[ELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., S/B/M TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, 1NC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQ1 UNDER THE POOLING AND SERVICING AGREEMENTDATED AS OF M Plaintiff Vs. KEITH M. BURFORD GUY W. BURFORD Defendants ATTORNEY FOR PLAINTIFF : COURT OF COM/VlON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5767 CIVIL TERM TO: GUY W. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 DATE OF NOTICE: NOVEMBER 26, 2003 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 TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TITE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIKE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCLATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF ' S CASE NO: 2003-05767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS BURFORD KEITH M ET AL RETURN - REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BLrRFORD KEITH M DEFENDANT , at 1915:00 HOURS, on the at 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 KEITH BURFORD a true and attested copy of COMPLAINT - MORT FORE was served upon the 5th day of November , __ 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit Surcharge 10.00 .00 32~.83 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 11/05/2003 FEDERMAN & PHELAN )Deputy Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2003-05767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~WELLS FARGO BANK MINNESOTA NA VS BURFORD KEITH M ET AL ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BURFORD GUY W DEFENDANT , at 1915:00 HOI/RS, at 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 KEITH BURFORD, ADULT IN CHARGE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 5th day of November , 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn ~and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 11/06/2003 FEDERMAN & PHELAN )Deputy Sheriff~ FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., S/B/M TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VH, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQ1 UNDER THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 505 SOUTH MAIN STREET Plaintiff, KEITH M. BURFORD GUY W. BURFORD ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-5767 C.T. 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 of 1940, as amended. (b) that defendant KEITH M. BURFORD is over 18 years of age and resides at, 407 NORTH BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17007. (c) that defendant GUY W. BURFORD is over 18 years of age, and resides at, 407 NORTH BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center DEC- 11-2003 11:32:10 Military Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra, helpdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owedsscra.prc_Select 12/11/2003 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 Plaintiff, No. 03-5767 C.T. KEITH M. BURFORD GUY W. BURFORD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/12/03 to JUNE 9, 2004 (.per diem -$11.41) TOTAL $69,388.22 $2,065.21 and Costs $71,453.43 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. All that certain lot of ground situated in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: On the East by Baltimore Avenue; on the South by property now or formerly of James Clapper Estate; on the West by a 20 foot public alley; and on the North by property now or formerly of Rebecca Elliott. Having a frontage on Baltimore Avenue of 50 feet and extending in depth 180 feet. Having thereon erected a two story dwelling house known as 407 North Baltimore Avenue. TITLE TO SAID PREMISES IS VESTED 1N Guy W. Burford, single man and Keith M. Burford, married man, as joint tenants with the rights of survivorship by Deed fi.om William M. Stamer and Linda W. Stamer, his wife dated 1/25/1999 and recorded 2/1/1999 in Record Book 193, Page 623. Tax Parcel #23-32-2336-060 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5767 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, N. A., S/B/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 THE FOOLING AND SERVICES AGREEMENT DATED AS OF MARCH 1, 1999, Plaintiff (s) From KEITH M. BURFORD AND GUY W. BURFORD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hingher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,388.22 L.L. $.50 Interest FROM 12/12/03 TO 6/9/04 (PER DIEM - $11.41) - $2,065.21 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $130.83 Other Costs Plaintiff Paid Date: DECEMBER 16, 2003 (Seal) CURTIS R. LONG Prothonotary ~.~By: ~,~0~, .kcO. Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 Plaintiff, KEITH M. BURFORD GUY W. BURFORD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5767 C.T. 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: ( ) 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff W-ELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE : FOOLING AND SERVICING AGREEMENT : DATED AS OF MARCH 1, 1999 : Plaintiff, KEITH M. BURFORD GUY W. BURFORD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-5767 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK MINNESOTA, N.A., S/BfM TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AO1 UNDER THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999, Plaintiff in 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 located at~407 NORTH BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEITH M. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 GUY W. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NR1Tie BUREAU OF COMPLAIANCE PROVIDIAN NATIONAL BANK PROPERTY ASSET MANAGEMENT INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEPARTMENT #280946 HARRISBURG, PA 17128-0946 295 MAIN STREET TILTON, NH 03276 C/O 505 SOUTH MAIN STREET SUITE 6000 ORANGE, CA 92868 4. Name and address of last recorded holder &every mortgage of record: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING 2101 N. FRONT STREET FINANCE AGENCY P.O. BOX 15530 HARRISBURG, PA 17105-55307 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 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: marBe Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 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 unswom falsification to authorities. December 11, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, N.A., S/BfM 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 THE FOOLING AND : SERVICING AGREEMENT DATED AS OF MARCH 1, : 1999 : Plaintiff, CUMBERLAND COUNTY No. 03-5767 C.T. KEITH M. BURFORD GUY W. BURFORD De~ndanqs). December 11, 2003 TO: KEITH M. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 GUY W. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 **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 0F.4 LIEN AGAINST PROPERTY. ** Your house (real estate) at, 407 NORTH BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $69,388.22 obtained by WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be 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. 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. 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. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 I/AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPI/ONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 All that certain lot of ground situated in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: On the East by Baltimore Avenue; on the South by property now or formerly of James Clapper Estate; on the West by a 20 foot public alley; and on the North by property now or formerly of Rebecca Elliott. Having a frontage on Baltimore Avenue of 50 feet and extending in depth 180 feet. Having thereon erected a two story dwelling house known as 407 North Baltimore Avenue. TITLE TO SAID PREMISES IS VESTED IN Guy W. Burford, single man and Keith M. Burford, married man, as joint tenants with the rights of survivorship by Deed from William M. Stamer and Linda W. Stamer, his wife dated 1/25/1999 and recorded 2/1/1999 in Record Book 193, Page 623. Tax Parcel #23-32-2336-060 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 CUMBERLAND COUNTY No.: 03-5767 C.T. VS. KEITH M. BURFORD GUY W. BURFORD MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION CUMBERLAND COUNTY No.: 03-5767 C.T. VS. KEITH M. BURFORD GUY W. BURFORD MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiffmay move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service carmot be made. Note: A Sheriff's return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of' the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: ~ ~ FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF PLAINTIFF AFFIDAVIT OF SERVICE WELLS FARGO BANK MINNESOTA, N.A., S/B/M TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VIL INC., FLOATING RATE MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 1999- AQI LrNDER THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 CUMBERLAND COUNTY No. 03-5767 C.T. ACCT. #0010053189 Type of Action - Notice of Sheriff's Sale PJT KEITH M. BURFORD GUY W. BURFORD SERVE GUY W. BURFORD AT 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 Sale Date: JUNE 9, 2004 Served and made known to SERVED ~ Defendant, on the dayof ,200~ at , o'clock __.m., at , Commonwealth of Penusylvania, in the manner described below: __ Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age __ Height __ Weight __ Race __. Sex __ Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of SheriWs Sale hi the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this __ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. d~ NOT SERVED Onthe ~.~) yof ~C,,~,~O*¢ ,200__,at ~'aC o'clock ~.m., Defendant NOT FOUND because: Moved Unknown__ No Answer }~ Vacant 1st Attempt: / / Time: 2na Attempt:_ / / Time: : 3rd Attempt:. / / Time:. 1.1~# I ~ H. CARTY, Notw/Publl~ Sworn to and subscd..bed ~~~~[ --n~ ~, F~ ~ bef~e~s ~ ~y ~~.t0,~ Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF AFFIDAVIT OF SERVICE WELLS FARGO BANK MINNESOTA, N.A., S/B/M TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, 1NC., FLOATING RATE MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-AQ1 UNDER THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 CUMBERLAND COUNTY PJT No. 03-5767 C.T. ACCT. #0010053189 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 DEFENDANT(S) KEITH M. BURFORD GUY W. BURFORD SERVE KEITH M. BURFORD AT 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 Served and made known to SERVED , Defendant, on the day of at , o'clock __.m., at , Commonwealth of Pennsylvania, in the manner described below: __ Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. __.Other: Description: Age__ Height Weight__ Race __ Sex __ Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice 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. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Onthe r-~(~0/L day'of ~t:¢~,t~' ,200~,at 7;~' o'clock ll.m.,Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer ~(x Vacant Attempt: / / Time: : 2"a Attempt: / / Time: : 3rd Attempt: / / Time: :_ LUCII.LE H. CKRTY, ~ ~ Sworn to and subscri~e~d ~o r~:~"JIL~ By: Frank Federman, Esquire - I.D. No. 12248 SIGN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-9174PA Attorney Firm: Federman & Phelan Subject: Keith M. Burford & Guy W. Burford Current Address: 407 N. Baltimore St. Mt. Holly Springs, PA 17065 Property Address: 407 N. Baltimore St. Mt. Holly Springs, PA 17065 Mailing Address: 407 N. Baltimore St. Mt. Holly Springs, PA 17065 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correc~ Keith M. Burford - 193-52-0816 Guy W. Burford - 193-42-0963 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information. Keith M. Bnrford - not available Guy W. Burford - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Keith M. Burford & Guy W. Burford reside(s) at: 407 N. Baltimore St. Mt. Holly Springs, PA 17065 II. iNQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 2-5-04 our office contacted directory assistance which indicated that Keith M. Bnrford & Guy W. Burford reside(s) at: 407 N. Baltimore St. Mt. Holly Springs, PA 17065. Our office made a telephone call to the mortgagors phone number and received the following information: 717-486-5334 wrong #. III. INQUIRY OF NEIGHBORS On 2-5-04 our office attempted to contact neighbors, lhey were not able to verify that Keith M. Burford & Guy W. Burford reside(s) at: 407 N. Baltimore St. Mt. Holly Springs, PA 17065 IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 2-5-04 we reviewed the National Address database and found the following information, Keith M. Burford & Guy W. Burford - 407 N. Baltimore St. Mt. Holly Springs, PA 17065 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Keith M. Bnrford & Guy W. Burford. VI. OTHER INQUIRIES DEATH RECORDS A. As of 2-5-04 Vital Records and all public databases have no death record on file for Keith M. Burford & Guy W. Bnrford. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Keith M. Burford & Guy W. Burford residing at: last registered address. VII. ADDITIONAL iNFORMATION OF SUBJECT A. DATE OF BIRTH Keith M. Burford -rOB 1970 Guy W. Burford -rOB 1951 B. A.K.A. none *All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subjects reside at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 ~. C.S. Sec. 4904 relating to unswom falsification to authorities. AFFIANT Scl K.Nulty SKN Data Research Inc. President Swom to and subscribed before me this ~'~ 2004 Y'PUBLIC - 7 Notarial Seal Margaret E Hulty, Nolan/Public East Goshen Twp., Chester County My Commission Expires Dm 19, 2005 The above information is obtained from available public records and we are only liable for the cost of the affidavit VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the besl: of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH l, 1999 VS. KEITH M. BURFORD GUY W. BURFORD ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CiVIL DIVISION CUMBERLAND COUNTY No.: 03-5767 C.T. CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on February 10, 2004. KEITH M. BURFORD 407 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17007 GUY W. BURFORD 407 NORTH BALTIMORE AVENUE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: February 10, 2004 WELLS FARGO BANK MINNESOTA, N.A., S/B/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 THE FOOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 1999 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KEITH M. BURFORD AND GUY W. BURFORD : 03-5767 CIVIL TERM ORDER OFCOURT AND NOW, this 19th day of February, 2004, upon consideration of plaintiff's motion and the affidavit of good faith investigation attached thereto, IT IS ORDERED that plaintiff may obtain service of the notice of sale on the above captioned defendants, Keith M. Burford and Guy W. Burford, by mailing a true and correct copy of the notice of sale by certified mail and regular mail to defendants' last known address and by publishing the notice one time in the Cumberland Law' Journal. Edgar B. Bayley, J. :sal