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HomeMy WebLinkAbout01-6288Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. 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-aql Under Pooling and Servicing Agreement dated as of March 1, 1999 without Recourse, PLAINTIFF, Vo Guy W. Burford Keith M. Burford DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION MORTGAGEFORECLOSURE 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 claim of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OH 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, PA 17013 717-249-3166 and 800-990-9108 AVISQ LE HAN DEMANDADO 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. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las 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 o 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 o sus edades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Senkintown. Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attome}'s 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 Certificates, Series 1999-aql Under Pooling and Servicing Agreement dated as of March 1, 1999 without Recourse, PLAINTIFF, Guy W. Burford Keith M. Burford DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: O I -' CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 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 Certificates, Series 1999-aql Under Pooling and Servicing Agreement dated as of March 1, 1999 without Recourse, through its attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. 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 Certificates, Series 1999-aql Under Pooling and Servicing Agreement dated as of March 1, 1999 without Recourse ("Plaintiff'), is a corporation with a principal place of business at. 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 of the Recorder of Cumberland County, in Mortgage Book No. 1516, Page 1001. Plaintiffis 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 Mortgagor named 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. 2 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 06/01/2001 and have not been paid. Upon failure to make such payments when due, the whole of the 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 Interest due and owing from 05/01/2001 to 10/30/01 at 10.25%, $17.42 per diem Plus Late Charges of $33.34 per month, assessed on the 16~ day after payment is due NSF Fee Other Fees Escrow Advance Attorney's Fees $61,173.12 3,170.44 666.59 50.00 35.00 3,363.67 3,058.65 10. TOTAL $71,517.47 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 Plaintiffmay incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. 11. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq. was mailed to each individual Defendant via regular and certified mail, remm 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, Plaintiffdemands judgment against Defendants Guy W. Burford and Kdth M. Burford, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $71,517.47 plus the following amounts accruing after 10/30/01, to the date of judgment: (i) interest at a per diem rate orS 17.42; (ii) late charges of $33.34 per month assessed on the 16th day payment is past due; and (iii) additional attomey's fees hereafter incurred and costs of suit. i '/ One Jenkintown Stafio~uite 104 115 West Avenue Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Date: October 30, 2001 UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY 00) 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. VERIFICATION I, Richard M. Squire, hereby certify that I am an attorney for Plaintiffand am authorized to make this verification on its behalf. I verify that the facts and statements set forth in the foregoing Complaint in Mortgage Foreclosure 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. § 4904 relating to unswom falsification to authorities. ~~ Date: October 30, 2001 ALL It/AT CERTAIN lot of Eround situaV:d hi the Borough of MI. Holly Sprin~, Cumberland County, P~n~Tlvada, bounded and described as follows: ON the Fast by Baltimore Avenue; on h~e Sotlth by propen'y now or formedy of lames Cleeper Esiate; on the W~ by a 20 foot public alley;, and on the North by property now or formerly ofRcbeoca Elliott. Having a frontage on Baltimore Avenu~ orS0 feet and extending in del~h lS0 fe~t. Havin~ thereon ~ a two-sWry frame dwelling house known as 407 North B~dtimore Avenue. UNDER AND SUBJECT to any and all cov~n~s, conditions, restrictions, way~ objeX/ohs, easeme~ agreement, etc., as they appear record. WITH ~ APPURTENANCES: TO HAVE AND TO HOLD ~ho sarae ulflo and for the usc of said parties of fife second part their heirs and assign.q forever. /! P.O. Box S1382 ~CA 9M~1-~82 7182 6389 3060 0060 2687 C0MP&NY KEITH M BURI~)RD GUY W BURFORD 40? N BALTIMORE ST MT HOLLY SPRINGS, PA 17007 August 02. 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS Oil* POLICY Lmm Numbcr: 0010053189 Pro~rty A~lress: 407N BALTIMOR~ ST, MT HOLLY sPRINGs PA, 17007 ~ L~nd~: Am~iqu~ Mofl~a~ Coml~n~ Cun~ni Lmdeg~:rvi~r. Am~qu~ Mo~gage Compaq/ TraITS, FIRM IS A DEBT COLLECTOR ATTEM1~TING TO COLLECT A ~qD?RTi~.i~THISRRE)TDOTT~C E. IS BENT TO YOU IN AN A'n-r~MPT TO COLLECT THE INDEIFFEDmS Hr. BqGU~ HEREIN A)TD ANY INFORMATION OBTAINED IFROM YOU WILL BE USED I~OR THAT PURPOSE. IE YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, Tilts COIRESPONDENCE IS NOT AND SHOULD )TOT BE CO)TBTRUED TO BE AN ATTKMFF TO COLLECT A DEBT, BUT ON!,Y ENFORCEMENT OF A LIEN AGAINST PROPERTY* This JS au d~id ~=~_-~ dsfd the m~ :--== oa ,oar ~=--' b ht d~.~s, lL eJtd the bider Jmieads to rorecJo~ b..~ Thll Ndiee e~'~ u-i-- how the mr~ram workL T~ le~ if ~MAP ~m kd. ,elt ~ MEET WITH A CO)TSUMER d~UlUlT ~SE~G AGEN~ Wl'l'n~ ~ DAYS OF ~ DA~ OF 'ln~ NO~CL T~ ~ N~ ~ Y~ wh~ y~ ~ ~ ~ ~ ~m~l ~ey my k ~ ~ h~ ~ ~ Y~ may M~ w~t to mt~t ~ m~ h ~r a~ ~ ~d b~ ~a~ may ~ ~ to hdp 7~ find a law~. ~ NOT~xCAOON EN ~ ES DE ~u~ ~RT~ P~S ~CTA SU DE~O A CON'n~AR ~O EN SU C~ SI NO ~E EL CO~ DE ESTA NOT~iCA~ON OB~NGA ~A ~DUC~O~ ~D~ L~O ESTA AGENC~ ~E~SYLV~ HOUS~G ~CE AGEN~ S~ C~S ~ ~RO ~N~ON~O ARRIBA. PUEDES SER ELEGIBLE PARA UN PHESTAMO POR EL PROGHAMA LLAMA, DO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM'* EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DEBECHO A REDIMIR SU tliFOTECA. HOMEOWNER*S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHI f~H CAN SAVE YOUR HOME FROM FOILECLOsum~ AND HELP YOU MAIL'E FUTURE MORTGAGE ISAYI~ w-PI rl~ IF YOU COM~LY Wi'rd Tn~ PROVISIONS OF TISA HOMEOWNER*S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE= = IF YOUR DEFAULT HAS BEEN CAUSED DY CIR(,~JMSTANCES BEYOND YOUR CONTROL, · IF YOU llAVE A REASONABLE PROSPECT Git BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPOUABV STAY OF FORECLOSURE -- Under thc Ac~ yea Lrc enfitled to a tcm~ornry s~y of/'u~.-Jorurc on your moflgage for thin-y (30) days f~om the d~ of this Notice. Drains that ~ime You mum armn~ ami a~'d 8 lice-to-face meeting with ou~ of the consumer cmia coumcling ngoucics lis~l at the end of e, ts Notice. Tm~ Mss ~ mG luu S'/' OCCUI wtttt~ {-tt~ NEXT IsO{ DAYS. IF YOU DO NOT APPLY POR EMERGENCY MORTGAGE A--q--q!.qTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OP Tt.S NOTICE CAT.T.~D sHOW TO f~l'm~ YOUR MORTGAGE DIEFAULT' ~ArLAINS HOW TO BRING YOu. M RT A E TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If ~)u me~ ~ onc of ~hc consumcr crcdit counschs ._~_.. llsted at thc mdofthit=:-_-'-:~- thc': '-- may NOT take'--~-''' ~'slt~?ou f°r tht~ (30) days af~d~cdatc 0~thls ---=:~-- The ~==-~= ~. ........ ~ =~=~t_~ in w;~'- ibc ~___-'J~v is !__--~.d me set foflh at the end of this ~. It Js only n~c~.~ to ~ -'---- ~=-'-- -~ ~ face-~o-faca mcclint. Adyise your knd~r ~m_m__ed=t~t~y_of your Jnt~mio.s. YOU MUST SILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER ~ fEBIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - AvallabJc buds for emergency moflsage by &c Agcacy under the eligi~lity cfitwia emMishcd by thc Act The Pmmsylvaaia Housing Fbanc¢ Agency bas sixty (60) days to ,-.Ee · decision nfler it receives your application* Durins thc Pcnnsylvsoh Hoorin~ Finan~ Agency of i~s d~cistou ou your application. 2001 Loan Numhor: 0010053189 NOTEx IF YOU but CUniRENTLY PROTE~.'i'~I~ BY THE J'ILING OF A rr.'rt~-tON llq BANKRUPTf='Y, THE FOLLOWING PART OF m'mS NOTICE IS FOR INYORMATION PURPOSES ONLY AND SHOULD NOT BE CowsmERED AS AN A't~rJ~MPT TO COLLECT (I! 7ou have ~ _h--L-~pte7 7ou ean i appl7 for Emerpstcy Moflga~ A~istanee.) HOW TO ~ YOUR MORTGAGE ]DEFAULT (Brian It eD to datol. N F TI-I~ DEF .The MORTGAGE deb~ by 1he abovo lendor on ]~tr pre~eflY Io'~ at: at 407N BALTIMORE ST, MT HOLLY SPRINGS. PA 17007 IS SERIOUSLY IN DEI~AULT Ix~anse: A, YOU HAVRE NOT MADE MONTHLY MORT(}AGE PAYMENTS for tho following months md tho following amounfs are now past doe: 06/01/01 thru 08/01/01 l~on~dy Paymouts plus la~ oherg~ or o~l~r f~es: $2318.34 Totol Amount to Cure Deflseit~ S~18.34 B. YOUHA~'EFAILEDTOT'~'~'''ETHEFOLLOWI]qGAC'~'FION mntu ir.o liegh HOW TO C~RE THE DEFAULT --You may ouro the default within T~-tlRTY (30) DAYS of tho dcto of this ~ BY lAYING THE TOTAL AMOUNT PAST DUE TO 3'Hr. LENDER, WHIC~H IS S231&34 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE Ttm~TY (30) DAY PERIOD. ~'.~: '- mum homado oitber by cash- ~-'hi'~'s ¢ -~- - ~flifled °hoc~ °t m°~y _ord_or n~td~ pmmblo and sent to: Ametiq~c~ Moflga~o ComlMny 505 South Main SL, Suito 6000 Ora~go, CA 92686-4509 You can ouro any other dohult by taki~ the followins action within THIRTY (30) DAYS of the dato of this Jotter. SD9 nm use Jf no~ anolioddo.) N/A lY YOU DO NOT ~ THr. DEFAULT,-If you do nm cure tho default withh THIRTY (30) DAYS of tho date of this No~ioe, the '-: =-~ bb. ,h to ,.~.b~ b fightS to nf~4*~ato the mertoane debt. 'Ibis means that tho outstsndtn~ balanoo of this ~ will be oosoid~d duo immodiaioly and you may Ioso tho _~n_~o to lm~ tho moflgago in monthly in?nsm~t*f. Xf full lmymont of the to(al amount pest duo is no~ mado within THIRTY (30) DAYS, tho landc~ also intends to tnl(xuct its ittornoys to l~trt legal notion to .f~recisee uoua mt' mortoaned lY THE MORTGAGE IS rOIECLOSED UPON - Tho mottfasod proFofl~' will ho sold by tho Shaiff to ~ off the moflsaso d~t. If tho knldor r~'~ your caso to Ms cttofno~ but you care the dclinquancy before tho lander actually incun~0d, up to $50.00. Howoyer, if Icgal im~:oodinfs ax° stsfled agabsl you. y~u win have to pay all reasonebio attomoy, s f~ amally hcu~xed by tho lender e~n if thoY exceed S50-00. Any attom0~s fees will be ,..*-':.:. the q'~IUTY (30) DAY iJeriodo ~an wiu no~ he required to OTm~u LENDER REM~DIZS -- Tho lander may also sue you pclJOnally for tho unlMid prinoipl binnce and all HOW TO CONTACT THE LENDER~ AmerJque~ Merfgq~ Cempot! SOS South Msia St., Saite i,006 OrlnBe, CA 9268~.4S09 l*hmte Number M~430-S~2 · S812 Fax Number 714-24S4S99 EFFECT OF SHERI]II'S SALE - Yoa should ~colize that I Sh~ff's Sale will end your own~jh/p of th~ moflsMed lXopcn~y and your rlsbt to o~,wpy #. If ~oa coutituo to livo in tho IrOpOn~sftor tbe ~s ~c, I lawsuit to romovo ~oe and ~oar fmsishinss ~nd othor bdongings could be mflod bY tho ~r m ~ fi~' ASSUMPTIOIq Or MORTGAGE -- ¥ou rotor X miTne~(Cl~'~"ROl,~)scUorUsmfer~urhome to a tmyor or trsn~reo who will ~c tho mo~tPSO ddt. proyidM tht all tho oummlh8 lx~n~ms, chm~s mi attom~s foes mi costs uo peid prior to or m dso mlo mi thtt tho oth~ mluiremcms of thc mot~sgo are sstifflod. YOU MAY ALSO HAVE THE RIGHT: TO SI~L THE PROPF~TY TO OBTAIN MONEY TO PAY OFF TH~ MORTGAGE DEBT OR TO BORROW MONI~r FROM AN~ LENDING INSTITUTION TO PAY OPP THIS DEBT. TO HAVI~ THIS DI~'AULT CURI~) BY ANY THIRD PARTY ACTING ON YOUR BI~L~LF' TO HA-~q~ Ti.u~ MORTGAGH R~STOR~D TO THE SAME POSITION AS IF NO DHFAULT HAD OCCURRED, IP YOU CUR~ ~ D]~PAULT. (HOWE~ER, YOU DO NOT HAiR THIS RIGHT TO CURH YOUR D~AULT MORE THAN ~ TII~S IN ANY CAL]~NDAR YEAR.) TO ASSGltT TH~ NONEXISTENC~ OP A DHFAULT IN AN~ PORBCLOSUR~ pRO~j~DING OR ANY TO ASSERT ANY OTHER D~-~NSE YOU B~LI~E YOU MAY HA~E TO SUCH ACTION BY TH~ Ll~qDEqt. TO S~EIC PROTECTION UND~it ~ ~ol~L BANKRUPTCY LAW. CONS~i~R CREDIT CO~NSELIN9 AGENCIES SERVING YOU~ COUNTY A~ ATTACHB:D Vcr~ Tml~ Yours, Amefiquest Mofl~a~o Comlxt~y Cc: Am~m Mo~e Core,my Arm: Collcctiom D~l~rtmmt Lmm N~emb~: 0010053189 Marled b? 1st Om M~ii .nd by Certified Mail Homeowners* Emergency Assistance Program CUMBE~ COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linslestown Road I-IarrisburlL PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisbur~ N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem o£the Capital Resion 1514 Dero/Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 76~-32S5 YV/CA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettyslmrg, PA 17325 (717) 334-151s FAX (717) 334-8326 SHERIFF'S CASE NO: 2001-06288 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS BURFORD GUY RETURN - REGULAR 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 at 424 N HANOVER ST 2001 CARLISLE, PA 17013 GUY BURFORD a true and attested copy of COMPLAINT - 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 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~_L~ day of / ~rot t~onot ary So Answers: R. Thomas Kline ll/i3/200i RICHARD M SQUIRE & ASSOC Deputy Sheriff 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 407 N BALTIMORE STREET at 1120:00 HOURS, on the 7th day of November , 2001 MT HOLLY SPRINGS, PA 17065 CHERIE BURFORD, WIFE APT 1 a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.55 Affidavit .00 Surcharge 10.00 .00 20.55 Sworn and Subscribed to before me this Jd-- day of ~ ~! A.D. /P~othonot ary , So Answers: R. Thomas Kline 11/13/200i RICHARD M SQUIRE & ASS. OC ~ WELLS FARGO BANK MINNESOTA, N.A.: 1N THE COURT OF COMMON PLEAS S/B/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, PLAINTIFF GUY W. BURFORD and KEITH M. BURFORD, DEFENDANTS : CIVIL ACTION : : MORTGAGE FORECLOSURE 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 Plaintiff's Complaint in Mortgage Foreclosure within twenty (20) days from service hereof or a judgment may be entered against you. Date Phi~p C. B~anti [ Counsel for Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 WELLS FARGO BANK MINNESOTA, N.A.: IN THE COURT OF COMMON PLEAS S/B/M TO NORWEST BANK MINNESOTA,: OF CUMBERLAND COUNTY, N.A., AS TRUSTEE OF SALOMON BROS.: PENNSYLVANIA MORTGAGE SECURITIES VII, 1NC, FLOATING RATE MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 1999-AQ ! UNDER POOLING and SERVICING AGREEMENT DATED AS OF: MARCH 1, 1999 WITHOUT RECOURSE, PLAINTIFF V. GUY W. BURFORD and KEITH M. BURFORD, DEFENDANTS NO. 01-6288 CIVIL TERM CIVIL ACTION MORTGAGE FORECLOSURE 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 Plaintiff's Complaint in Mortgage Foreclosure: I. 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 ! 1 of PlaintiWs Complaint, Plaintiff alleges that a notice was "mailed to each individual Defendant via regular and certified mail, return receipt requested, on ." 3. Because said averments are incomplete and lack sufficient specificity, Defendant is unable to respond to them. 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 FAILURE TO CONFORM TO RULES OFCOURT 4. The verification attached to Plaintiff's Complaint, which was made by Plaintiff's counsel, does not conform to the requirements of Pa. R.C.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 smack off. Respectfully submitted, Counsel for Defendant Keith M. Bur ford MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, Keith M. Burford, hereby verify that that I have read the foregoing Preliminary Objections to Plaintiff's 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. Section 4904, relating to unsworn falsification to authorities. Keith M. Burford, Defendat~ 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 Plaintiff's 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. Bfiganti ~' Counsel for Defendant Keith M. Burford MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Richard M. Squire, Esquire Richard M. Squire & Associates, LLC 115 West Avenue Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff Wells Fargo Bank Minnesota, N.A., s/b/m to Nor, vest 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, PLAINTIFF, Vo Guy W. Burford Keith M. Burford DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-6288 CIVIL TERM CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute and attach the attached Verification to the above-captioned Complaint filed on November 5, 2001. RICHA~~L,C Rich-ar~.M. ]~,q'~ir_e~ ~squ _e~...~. O~~t~Suite 5 West Avenue ~ J~intom, PA 19046 5-886-8790 A~omeys for Plaintiff 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 se because of the exigencies regarding this matter, in compliance with P a. R.C.P. § 1024 (c), and because Plalntiffmust verify much o f 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 tree and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unswom falsification to authorities. /~ ~ ~ttomey for plainti/ff// Date: Janu~ Richard M. Squire, Esquire Richard M. Squire & Associates, LLC 115 West Avenue Suite 104 Senkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys 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 Certificates, Series 1999-aql Under Pooling and Servicing Agreement dated as of March 1, 1999 without Recourse, PLAINTIFF, Guy W. Burford Keith M. Burford IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-6288 CIVIL ACTION CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. CERTIFICATE OF SERVICE I, Richard M. Squire, Esquire, hereby certify that I served tree and correct copies of the Plaintiffs 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 h-vine Row /l~hard ~quire~sq~re ARom~for Pl~nti~Mov~t ~ / Richard M. Squire, Esquire Richard M. Squire & Associates, LLC 115 West Avenue Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys 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 Certificates, Series 1999-aql Under Pooling and Servicing Agreement dated as of March I, 1999 without Recourse, PLAINTIFF, Guy W. Burford Keith M. Burford DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-6288 CIVIL ACTION CIVIL ACTION MORTOAGEFORECLOSURE RESPONSE IN OPPOSITION TO PRELIMINARY OBJECTIONS OF DEFENDANTS 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 Certificates, Series 1999-aqi Under Pooling and Servicing Agreement dated as of March 1, 1999 without Recourse("Plaintiff'), 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., 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-aql Under Pooling and Servicing Agreement dated as of March 1, 1999 without Recourse. 2.) On November 15, 2001, Plaintifffiled its Complaint in Mortgage Foreclosure against Guy W. Burford and Keith M. Burford for failure to make monthly mortgage payments fi.om 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 Plaintiff's Complaint, Plaintiffomitted 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 Plaintiff's Complaint, Plaintiffomitted the date on which its ACT 91 Notice was mailed to Defendants. However, Plaintiffincludes 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 I through 5 of this response to Preliminary Objections of Defendant are incurporated by reference as though fully set forth at length. 7.) Plaimiffhas filed a Praecipe to Substitute Verification on (date) in compliance with Pa. R.C.P. § 1024 (c). WHEREFORE, for the reasons set forth above, Plaintiffrespectfully moves this Honorable Court to overrule the Preliminary Objections of the Defendants, and Order the Defendants to answer the Complaint within twenty (20) days. Respectfully submitted ~7 ~ R~CHARD~ 3~3~ ~~R~" / Ric d M Sqlai(e, Esq nrc Attorney for Plaintiff ~