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Home My WebLink About07-1388GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE Mortgagors and Real Owners 304 Forgedale Drive Carlisle, PA 17013 Defendants Term No. CIVIL ACTION: MORTGAGE F'ORECI.O SURIF 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionOgoldbecklaw com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-1123. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, 9451 Corbin Avenue, Northridge, CA 91324. 2. The names and addresses of the Defendants are CHERYL GUTHRIE, 2033 Lyndora Road, Virginia Beach, VA 23464 and MICHAEL GUTHRIE, 2033 Lyndora Road, Virginia Beach, VA 23464, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On June 22, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to LONG BEACH MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1957, Page 594. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for September 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ........................................................................ Interest from 09/01/2006 through 03/31/2007 at 6.7500%......... Per Diem interest rate at $32.19 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ..... Late Charges from 09/01/2006 to 03/31/2007 ............................ Monthly late charge amount at $63.07 Costs of suit and Title Search ..................................................... .......... $174,067.64 ..............$6,824.27 ..............$8,703.38 .................$378.42 .............. $900.00 ................$76.80 ..............$195.00 $191,145.51 Fees ................................................................................................ Recoverable Balance ...................................................................... 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants 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 true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants 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 Defendants' through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $191,145.51, together with interest at the rate of $32.19, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: ?1 ?• ???? OL BECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, nnwNyA }IARuy , as the representative of the Plainti 4'etrrporation 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 unsworn falsification to authorities. Dater ? 7 4 Deuts f e Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-7 by Washington Mutual Bank, as Successor-in-Interest to Long Beach Mortgage Company, it s Attorney-in-Fact #0698249166 - CHERYL GUTHRIE and MICHAEL GUTHRIE EyFi6itA ALL TRAT CERTAIN tract of land sftuated in the South Middleton Township Cumberland County, Pennsylvania being Lot No. 162; as shown on a Plan entitled FOW ZflOq` ng' ? X10 t, Frost Subdivision PIM section 5. dated Plan Book 91prePne 39, pared by PeonTam OQ?' Inc., State College, Pennsylvania, in being bounded and described as follows: 132GINMPTG at an iron pin, lying in a southerly right of way lies of F (50 foot right of way) and being a westeri?? corner of Lot No. 161; theatoe Along a ?? South 00 degrees 29 minutes 25 seconds Wen, 151.77 feet to an iron said lot southerly corner of said lot and lying in a pin, a thence along the Section 7 lids Soup $ northerly Jim of Foipxiwie Croswirug, 3ecxion 7; feet to an iron deFM 12 minutes 42 mconds West, g0.88 ! lying in a northerly line of said lands and being an easterly corner of Lot No. 163; thence along Lot No. 163 North 09 degmw 57 tames 13 seconds West, 163.34 foot to an iron pin, being a northerly caner of said lot and lying in a southerly line of the Forgodale Drive right of way; t bane along said right of way along a curve to the right, having a chord beating of North 86 degrees 00 minutes 53 seconds East, a chord length of 98.78 foot, a radius of 475.00 feet and an at length of 98.96 feat to an iron pin; thence continuing along said right of way South 88 degrees 01 minutes 02 seconds Fart, 6.89 feet to an iron pits; thence congnning along add right of way along a curve to the left, boving a chord bearing of South 88 degrees 45 minutes 48 ncorxis East, a chord Iength of 13.68 feet, a radius of 525.00 fat and an am length of 13.68 feet to an iron pin, being die place of BEOMMNG. CONTAINMG 0.384 acres RIUNG Imown no numbered ws 304 Forgedate Drive, Carlisle, Pennsylvania 17013 Lot No. 162 is subject to a 10 foot utility easGmemt along its street frontage. SUBJXCT to Declaration of Restrictions and Protective Covenants for Forgedale Crossing as set forth in Misc. Book 424, Page 251 BMG part of rho same premises which John B. Andmon wad Paulin L. Anderson, husband and wife AND Robert A. Thomas and Deborah L lbomL% husband mad wife, by Deed dated April 1, 2003 and recorded April 2, 2003 in the Office of flee Recorder of Deals in and for Cumberland County in Deed Book 256, Pop 1728, conveyed unto SdtA Custom Built Homes, hie., grantor herein. This Deed is executed by Calvin TrimbW, Attoievy-in-Fact for S&A Custom Built Hommw, lac., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724, Page 391. AND the said GRANTOR hereby warrMM Rmlay the property herein conveyed. IN WITNR,SS WKU=F, the said S&A Hwm.,, Inc, farm,V lmown as S" Custom Hunt Hortaea, Inc. has caused this Deed to be sigavd in its corporate name by it Aariay- in-Fact, Calvin Trimble, the day and year Heat above written. E?xFiidit (B Washington Mutual PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 December 15, 2006 CHERYL GUTHRIE 304 FORGEDALE DR CARLISLE PA 17015 1111111111111111111111111 0698249' 7100 4047 5100 3555 1905 000937 /PC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0698249166 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SP999 HOMEOWNERS NAME(S): Cheryl Guthrie PROPERTY ADDRESS: 304 Forgedale Dr. Carlisle PA 17013 LOAN ACCT. NUMBER: 0698249166 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS 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 OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECI.OS TRF -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST O[Y' iR WITHIN TH N xT - DAYS IF 1'O DO NOT APPLY FOR EMERGENCY MORTGAGE AS IST N .. YO i b: ST B iN YOUR MORT =A(iE Ii_P TO DATF_ THR D RT OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAU T' Fvn= A=pro HOW T UP TO DATE CONSUMER CREDIT COUNSELING ANCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The amps addresses- gnd telephone numbers of designated one ,m r relit nuns fi gaQencies for h o un y in which th Zq ty is located are set forth a the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTCA ASSiSTANCF - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME UWMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 0009371SP999 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 304 Forgedale Dr. Carlisle PA 17013 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 10101/2006 $1051.11 11/01/2006 $1051.11 12101/2006 $1051.11 Other charges (explain/itemize): Uncollected Late Charges $126.14 Uncollected Fees: $890 Corporate advances $000 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $3288.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3288.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. payment must be made either by ash cashier'- heck certified check or money order made payable and sent to- Washington Mutual Bank 9451 Corbin Avenue Northridge, CA 91324 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends exercise Oft rights to accelerate h mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose u mn your mortgaged property. •IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within he THIRTY (301 DAY rpe iod. you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you may a ill have the right to cure the default and nrevent the Cnle nt an- t;mn ,,., .,, ,,,.e t,,.... me ienaer ana oy nerrormmg, any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARL•TEST POSSIBLE SHERIFF'S SAI F DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Washington Mutual Bank Address: 9451 Corbin Avenue Northridge, CA 91324 Phone Number: 1-888-852-1745 Fax Number: 1-818-775-6260 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF CHERIFF'S SAl-R. - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • 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 THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. SP999 r? Washington Mutual PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 December 15, 2006 #BWNCLNN# #0906989249916692# MICHAEL GUTHRIE 304 FORGEDALE DR CARLISLE PA 17015 000934 /PC 0698249166 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0698249166 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. sp" HOMEOWNERS NAME(S): Michael Guthrie PROPERTY ADDRESS: 304 Forgedale Dr. Carlisle PA 17013 LOAN ACCT. NUMBER: 0698249166 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS 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 OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE, - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE XT (M DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE- YOU MUST BRING YOUR MORT A F LUP TO DATF THF. PART OF THIS NOTICE CALLED "HOW TO CUUR YOUR MORTGAGE. DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names address;,. and telephone numbers of designated consumer credit ling agencies for the county in which he ILl>M is located r t forth a the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE CSISTAN - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have riled bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000934/SP999 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uR to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 304 Forgedale Dr. Carlisle PA 17013 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 10/01/2006 $1051.11 11101!2006 $1051.11 12/01/2006 $1051.11 Other charges (explain/itemize): Uncollected Late Charges $126.14 Uncollected Fees: $8.90 Corporate advances $0.00 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $3289.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3288.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PEayments must be made either by cash- cashier's check. certified check- or money order made payable and sent to: Washington Mutual Bank 9451 Corbin Avenue Northridge, CA 91324 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise i g right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose ¦ pon your mortgaged property. •IF THE MORTGAGE IS FOR - ..OS .D UPON. The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's flees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period, you will not be required to pay attorney's fees. OTHER LEND .R REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP" !. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY and foreclosure proceedings have begun, you may still have the right to cure the default and prevent the sale at any time up to one attorney's fees and costs connected with the foreclosure sale and any other cost connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. FAR I cT POSSIEBI E SH .RIFF'c cAI.E DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Washington Mutual Bank Address: 9451 Corbin Avenue Northridge, CA 91324 Phone Number: 1-888-852-1745 Fax Number: 1-818-775-6260 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and cost are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • 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 THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. SP999 r 7 T? ?3 PRO-VEST, LLC Goldbeck, McCafferty & McKeever P.O. Box 1180 Suite 5000-Mellon Independence Center Bay Shore, New York 11706 701 Market Street, Philadelphia ?? (631) 666-6168 Pennsylvania 19106-1532 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL ACTION- LAW COURT CASE NO.: 07-1388 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, Against Plaintiff, AFFIDAVIT OF SERVICE CHERYL GUTHRIE AND MICHAEL GUTHRIE, ET AL Defendants, STATE OF VIRGINIA COUNTY OF I,') i i 5h r is /l+a j f 1 ti, c',- being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of age and resides in the State of Virginia. That on 3jc2f,,(G 7 at la ,'0701at 2033 Lyndora Road, Virgina Beach, Virginia, 23464, deponent served the within SUMMONS & COMPLAINT bearing court case number 07-1388 on MICHAELGUTHRIE, defendant therein named, INDIVIDUAL by delivering thereat a true copy of each to said defendant personally, deponent knew said person so served to be the person described as said defendant therein. (S)He identified (her) himself as such. CORPORATION A corporation, by delivering thereat a true copy of each to, personally; deponent knew said F1 so served to be the corporation described as the named defendant and knew said individual to be the AUTHORIZED thereof. SUITABLE AGE PERSON F-1 By delivering thereat a copy of each to , a person of suitable age and discretion. That person was also asked by deponent whether said premises was the defendant's dwelling home and the reply was affirmative. DESCRIPTION Deponent describes the individual served to the best of deponent's ability at the time and circumstances of service as follow: Sex Skin Color Hair Color Age A rx Height ht (Aprx) Weight (Aprx ry) Loh 1- 60d. ,4 PP yU t 6'8' 13s1h MILITARY 1 asked the person spoken to whether the defendant was in active military service of the SERVICE United States or of the State of Virginia in any capacity whatever and received a negative Fx-? reply. The source of my information and the grounds of my belief I aver that the defendant is not in the military service of Virginia or of the United States as that term is defined in either the State or Federal statutes. SWORN TO BEFORE ME ON l LICENSE # V,3 C1 5w n fvrer FL>; ?. 'REF. # WM-1123 ?jU? -?-+r, ,H i tNk Cho i s p? Hsu-, A? ?`? Lk!D No ?11 ?? ,(lv ? ?M+n Cep '. C'i 13v ?U PRO-VEST, LLC Goldbeck, McCafferty & McKeever P.O. Box 1180 Suite 5000-Mellon Independence Center Bay.Shore, New York 11706 701 Market Street, Philadelphia r (631) 666-6168 Pennsylvania 19106-1532 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL ACTION- LAW COURT CASE NO.: 07-1388 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, Against Plaintiff, AFFIDAVIT OF SERVICE CHERYL GUTHRIE AND MICHAEL GUTHRIE, ET AL Defendants STATE OF VIRGINIA COUNTY OF k i i tI h P a in aj, M, being duly sworn, deposes and says: that deponent is not a parry to this action, is over 18 years of age and resides in the State of Virginia. That on 3W & 16 2 at t 0: G 7pmat 2033 Lyndora Road, Virgina Beach, Virginia, 23464, deponent served the within SUMMONS & COMPLAINT bearing court case number 07-1388 on CHERYL GUTHRIE, defendant therein named, INDIVIDUAL ? by delivering thereat a true copy of each to said defendant personally, deponent knew said person so served to be the person described as said defendant therein. (S)He identified (her) himself as such. CORPORATION F-1 A corporation, by delivering thereat a true copy of each to , personally; deponent knew said so served to be the corporation described as the named defendant and knew said individual to be the AUTHORIZED thereof. SUITABLE AGE } PERSON ??? C f{/,?; ?h af> CI 1 By delivering thereat a copy of each to p ),Cha Gu ?? , a person of suitable age and FY-1 discretion. That person was also asked by deponent whether said premises was the defendant's dwelling home and the reply was affirmative. DESCRIPTION Deponent describes the individual served to the best of deponent's ability at the time and circumstances of service as follow: Sex Skin Color Hair Color Age A rx Height (Aprx) Weight (Anrx) 1Y1 u?? s?P y01 MILITARY I asked the person spoken to whether the defendant was in active military service of the SERVICE United States or of the State of Virginia in any capacity whatever and received a negative Fx__1 reply. The source of my information and the grounds of my belief I aver that the defendant is not in the military service of Virginia or of the United States as that term is defined in either the State or Federal statutes. SWORN TO BEFORE ME ON k `0_yt uw_ w LICENSE # ?SC c` C? Qr r FZ)?e -#` ((Q0D17SM- me ov-, -1-Vie OAC REF. # WM-1123 Yj y 4-in-e ?P f-f ?? ?-r t?. by S rn ra b y k-o 'n'? ?cAr? ?? G,E P Ci k3, . f In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE (Mortgagor(s) and Record Owner(s)) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-1388 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against CHERYL GUTHRIE and MICHAEL GUTHRIE by default for want of an Answer. Assess damages as follows: I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERT Debt Interest from 05/09/07 to Date of Sale Total (Assessment of Damages attached) I certify that written notice of the intention to file this praecipe was mailed or deli is to be entered and to his attorney of record, if any, after the default occurred and filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A Attorney I.D. #161 $192,494.87 D AMOUNTS ALLEGED TO M THE COMPLAINT. the p against whom judgment ten dos prior to the date of the Jr. AND NOW /y oZQ?7-??idgment is entered in favor of DEUTSCHE BANK NATIONAL UST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 and against CHERYL GUTHRIE and MICHAEL GUTHRIE by default for want of an Answer an?,damages assessed in the sum of $192,494.87 as per the above certification. /) , „ WM-1123 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: MICHAEL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE (Mortgagor(s) and Record Owner(s)) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) TO: MICHAEL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 DATE OF THIS NOTICE: : Apri120, 2007 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-1388 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 0-17 G C McCAFFER M EVER B oseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 WM-1123 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO MICHAEL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE (Mortgagor(s) and Record Owner(s)) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) TO: MICHAEL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 DATE OF THIS NOTICE: April 20, 2007 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-1388 IMPORTANT NOTICF. 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 a sovti ^ Gaff&c?r GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 WM-1123 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: CHERYL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE (Mortgagor(s) and Record Owner(s)) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) TO: CHERYL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 DATE OF THIS NOTICE: : April 20, 2007 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-1388 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 G C McCAFFER M EVER B oseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 WM-1123 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: CHERYL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. CHERYL GUTHRIE MICHAEL GUTHRIE (Mortgagor(s) and Record Owner(s)) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) TO: CHERYL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 DATE OF THIS NOTICE: April 20, 2007 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-1388 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 !Zoxvh Tofrfl?eck 2r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CHERYL GUTHRIE, is about unknown years of age, that Defendant's last known residence is 2033 Lyndora Road, Virginia Beach, VA 23464, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civ'1 ?Rlief Action of Congress of 1940 and its Amendments. e Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MICHAEL GUTHRIE, is about unknown years of age, that Defendant's last known residence is 2033 Lyndora Road, Virginia Beach, VA 23464, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or other e within the provisions of the Soldiers' and Sailors' Civi Re ief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. CHERYL GUTHRIE MICHAEL GUTHRIE (Mortgagor(s) and Record owner(s)) 304 Forgedale Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-1388 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TR COM ANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, and against C RYL G and MICHAEL GUTHRIE for failure to file an Answer in the above action within ( 0) days (o sixty (60) days if defendant is the United States of America) from the date of service of the Comp aint, in t sum of $192,494.87. Joseph A. Goldbeck, J Attorney for Plaintiff I hereby certify that the above names are correct and that the precise "Virg' ess of the judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUNG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 an (s) and last known address(es) of the Defendant(s) is/are CHERYL GUTHRIE, 2033 Lyndora R each, VA 23464 and MICHAEL GUTHRIE, 2033 Lyndora Road Virginia Beach, VA 23464; GOLDBECK McCAFFM'E BY: Joseph A. Goldbec Jr. Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $174,067.64 Interest from 09/01/2006 through $8,047.49 05/08/2007 Reasonable Attorney's Fee $8,703.38 Late Charges $504.56 Costs of Suit and Title Search $900.00 Fees $76.80 Recoverable Balance $195.00 It 1 Q') AQd R7 AND NOW, this `4* day of Mau 2007 damages are assessed as above. b w ?ww ' 1 N W ?1 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. CHERYL GUTHRIE MICHAEL GUTHRIE Mortgagor(s) and Record Owner(s) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS ACTION OF MORTGAGE FORECLOSURE of Cumberland County CIVIL ACTION - LAW No. 07-1388 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 05/09/07 to Date of Sale at 6.7500% $192,494.87 (Costs to be added) GOLDBECK McCAI BY: Joseph A. Goldb Attorney for Plaintiff Jr. McKEEVER 91 vl .J ? t? Q O O Q p"' Z U`? bW 3 ? i fJ o ; M W 00 how zv? ?? ?7' ? ? H ?`? W c ? .a4r.o 4 Per F w U en O ? U W A. i ?H A Ems... til v d 0 c7 Q w N L 6? y ?U N M ?o ?? O?cd N I d O P. 0 b? A ALL THAT CERTAIN tract of land situated in the South Middleton Township, Cumberland County, Pennsylvania being Lot No. 162; as shown on a Plan entitled Forgedale Crossing, Residential Development, Final Subdivision Plan, Section 5, dated July 23, 2004, prepared by PennTerra Engineering, Inc., State College, Pennsylvania, in Plan Book 91, Page 39, being bounded and described as follows: BEGINNING at an iron pin, lying in a southerly right of way line of Forgedale Drive (50 foot right of way) and being a westerly corner of Lot No. 161; thence along said lot South 00 degrees 29 minutes 25 seconds West, 151.77 feet to an iron pin, being a southerly corner of said lot and lying in a northerly line of Forgedale Crossing, Section 7; thence along the Section 7 lands South 80 degrees 12 minutes 42 seconds West, 90.88 feet to an iron pin, lying in a northerly corner of said lands and being an easterly corner of Lot No. 163; thence along Lot No. 163 North 09 degrees 57 minutes 13 seconds West, 163.34 feet to an iron pin, being a northerly corner of said lot and lying in a southerly line of the Forgedale Drive right of way; thence along said right of way along a curve to the right, having a chord bearing of North 86 degrees 00 minutes 53 seconds East, a chord length of 98.78 feet, a radius of 475.00 feet and an arc lenght of 98.96 feet to an iron pin; thence continuing along said right of way South 88 degrees 01 minutes 02 seconds East, 6.89 feet to an iron pin; thence continuing along said right of way along a curve to the left, having a chord bearing of South 88 degrees 45 minutes 48 seconds East, a chord length of 13.68 feet, a radius of 525.00 feet and an arc length of 13.68 feet to an iron pin, being the place of BEGINNING. t , CONTAINNING 0.384 acres - - BEING known and numbered as 304 Forgedale Drive, Carlisle, Pennsylvania 17013 -- ?' ' Lot No. 162 is subject to a 10 foot utility easement along its street frontage.' - ; x? SUBJECT to Declaration of Restrictions and Protective Covenants for Forgedale Crossinkes set, forth in Misc. Book 424, Page 252. CA:} -c BEING part of the same premises which John E. Anderson and Pauline E. Anderson, husband and wife AND Robert A, Thomas and Deborah J. Thomas, husband and wife, by Deed dated April 1, 2003 and recorded April 2, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 256, Page 1728, conveyed unto S&A Custom Built Homes, Inc., grantor herein. This Deed is executed by Calvin Trimble, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc, Book 724, Page 391. AND the said GRANTOR hereby warrants specially the property herein conveyed. IN WITNESS WHEREOF, the said S&A Homes, Inc, formerly Known as S&A Custom Built Homes, Inc. has caused this Deed to be signed in its corporate name by it Attorney-in-Fact, Calvin Trimble, the day and year first above written. TAX PARCEL NO: 40-10-0636-465 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-1388 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan 2006-7 9451 Corbin Ave., Northridge, CA 91324 Plaintiff (s) From Cheryl Guthrie Michael Guthrie 304 Forgedale Drive Carlisle, PA 17013 (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$192,494.87 Interest from 05/09/07 to date of sale at 6.7500% Atty's Comm % Atty Paid $154.80 Plaintiff Paid Date: May 10, 2007 L.L.$.50 Due Prothy $2.00 Other Costs C . Long, Pr notary (Seal) By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 G7 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. CHERYL GUTHRIE MICHAEL GUTHRIE (Mortgagor(s) and Record Owner(s)) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-1388 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 304 Forgedale Drive Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): CHERYL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 MICHAEL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 2. Name and address of Defendant(s) in the judgment: CHERYL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 MICHAEL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 • Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: LONG BEACH MORTGAGE CO. 1400 S. DOUGLAS ROAD STE 100 ANAHEIM, CA 92806 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 304 Forgedale Drive Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best my p rsonal knowledge or information and belief. I understand that false statements herein are made subject to th penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 8, 2007 GOLDBECK MCCAF cKEEVER BY: Joseph A. Goldbe k, Jr., sq. Attorney for Plaintiff C- ? -n (,, 7 CD fy 07-1388 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE Mortgagor(s) and Record Owner(s) 304 Forgedale Drive Carlisle, PA 17013 Term No. 07-1388 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GUTHRIE, CHERYL CHERYL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 Your house at 304 Forgedale Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $192,494.87 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: P 07-1388 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866- 413-2311 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 r 07-1388 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 866-296-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionAgoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-1123. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. C? r-a a C:p 7p n t -4 -OTT, 07-1388 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. CHERYL GUTHRIE MICHAEL GUTHRIE Mortgagor(s) and Record Owner(s) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s; Term No. 07-1388 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GUTHRIE, MICHAEL MICHAEL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 Your house at 304 Forgedale Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $192,494.87 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 07-1388 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866- 413-2311 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-1388 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 866-296-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-1123. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ra -? CTt _ -T' T C W Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. CHERYL GUTHRIE MICHAEL GUTHRIE Mortgagor(s) and Record Owner(s) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 07-1388 I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the at action, and I further certify that this property is subject to Act 91 of 1983 the provisions of the Act. rd for the Plaintiff in this iff has complied with all Joseph A. 0 Attorney for ITI SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 304 Forgedale Drive Carlisle, PA 17013 SOLD as the property of CHERYL GUTHRIE and MICHAEL GUTHRIE TAX PARCEL #40-10-0636-465 C ? ^t:= ?? ? ?, ? -r't ?-?_ _. r .-? S . m _ .? ? cIr C:? --5 <?.?> r " _ -- .?- ? -? .? c? t? - .? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01388 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GUTHRIE CHERYL ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GUTHRIE CHERYL but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , GUTHRIE CHERYL NOT FOUND , as to 304 FORGEDALE DRIVE CARLISLE, PA 17013 304 FORGEDALE DRIVE IS VACANT. Sheriff's Costs: So answers Docketing 18.00 Service 4.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 p, Sheriff of Cumberland County . 0 0 /D1?' 37.80 -A GOLDBECK MCCAFFERTY MCKEEVER gal 03/20/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01388 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GUTHRIE CHERYL ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GUTHRIE MICHAEL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , GUTHRIE MICHAEL 304 FORGEDALE DRIVE CARLISLE, PA 17013 304 FORGEDALE DRIVE IS VACANT. NOT FOUND , as to Sheriff's Costs: So answers Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 W GOLDBECK MCCAFFERTY MCKEEVER 3?a#j 03/20/2007 Sworn and Subscribed to before me this day of , A. D. GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 • SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006.7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. CHERYL GUTHRIE MICHAEL GUTHRIE Mortgagors and Real Owners 304 Forgedale Drive Carlisle, PA 17013 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED 6,-t -- 13Pu?' 0, U? L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Defendants 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 the 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 ii' tea .1., ;o the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC TRUE ?? FROM RECORD TeS n011ylah^ '"#t I hire u11i4 Sd mY hey 8 Irvine Rows -:-,-ti Carlisle, PA 17013 d ft Sea r' "`f 717-243-9400 y CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 'I'll IS FIRM 1S A DEBT COLLECTOR AND WE ARE ATTENIPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW, Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-1123. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE BY CERTIFY THAT THIS IS 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COA1 QF BEACH MORTGAGE LOAN 2006-7, 9451 Corbin Avenue, NoW1*9W IM22FILED 2. The names and addresses of the Defendants are CHERYL GUTHRIE, 2033 Lyndora Road, Virginia Beach, VA 23464 and MICHAEL GUTHRIE, 2033 Lyndora Road, Virginia Beach, VA 23464, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On June 22, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to LONG BEACH MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1957, Page 594. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are .natters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). The mortgage is in default because the monthly payments of principal and interest are due and unpaid for September 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$174,067.64 Interest from 09/01/2006 through 03/31/2007 at 6.7500% .......................$6,824.27 Per Diem interest rate at $32.19 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8,703.38 Late Charges from 09/01/2006 to 03/31/2007 .............................................$378.42 Monthly late charge amount at $63.07 Costs of suit and Title Search ...................................................................... $900.00 Fees ................................................................................................................$76.80 Recoverable Balance ....................................................................................$195.00 $191,145.51 7. If the Mortgage is reinstated prior to a Sheriff, s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants 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 true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants 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 Defendants' through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $191,145.51, together with interest at the rate of $32.19, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. B JQ?'Oq -A,' OL BECK McCAFFERTY & McKEEVER BZ JOSEN [ A. GOLDBECK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION as the representative of the Plaintif?`- ,ttrrporation 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 ,rt ..<ade subject to the penalties of it Pa. C.S. !5G relating to unsworn falsification to authorities. Date: Deuts f e Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-7 by Washington Mutual Bank, as Successor-in-Interest to Long Beach Mortgage Company, it s Attorney-in-Fact #0698249166 - CHERYL GUTHRIE and MICHAEL GUTHRIE E.?hifiit A ALL TRAT CERTAIN tract of land situated in the South Middleton Township, Cumberland County, Pennsylvania being Lot No. 162; as shown on a Phut entitled Forgodale dossing, Residential Development, Frost Subdivision Plan, Section S. dated July 23, 2004, prepay by PmaTerra Engineering, Inc., State College, Pennsylvania, in Plan Book 91, Page 39, being bounded and described as follows: BEGINNING at an iron pin, lying in a southerly right of way lute of Forgedale Drive (50 foot right of way) and being a westerly corner of Lot No. 161; thane along said lot South 00 degrees 29 minutes 25 seconds West, 151.77 feet to an iron pin, being a southerly aorim of said lot and lying in a northerly lino of Forpdale. Creasing, Section 7; theme along the Section 7 lands South 80 degrees 12 minutes 42 aeeos ds West, 90.88 feet to an iron pin, lying in a northerly line of said lands and being an easterly corner of Lot No. 163; thence along Lot No. 163 North 09 degrees 57 minutes 13 seconds West, 163.34 feet to an iron pin, being a northerly corner of said lot and lying in a southerly line of the Forgedale Drive right of way; thence along said right of way along a curve to the right, having a chord bearing of North 86 degmes 00 minutes 53 seconds East, a chord length of 98.78 feet, a radius of 475.00 feet and an arc length of 98.96 feet to an iron pin; thence continuing along said rlght of way South 98 degrees OI minutes 02 seconds East, 6.89 feet to an iron pin; thence continuing along said right of way along a cum to the left, having a chord bearing of South 88 degrees 45 minutes 48 seconds East, a chord length of 13.68 feet, a radius of 525.00 feet and an arc length of 13.68 fact to an iron pin, being the place of BEGINNING. CONTAINING 0.384 acres BEING {mown and numbered as 304 ForgeUe Drive, Carlisle, Pennsylvania 17013 Lot No, 162 is subject to a 10 foot utility easement along its street frontage. SUBJECT to Declaration of Restrictions and Px+otectivc Covenants for Forgedale CroWng as set forth in Misc. Book 424, Page 252. BEING part of the same premises which John E. Anderson and Pauline E. Andersoa, husband and wife AND Robert A, Thomas and Deborah L Thomas, husband and wife, by Deed dates! April 1, 2003 and recorded April Z 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 256, Page 1728, conveyed unto S&A Custom Built Homes, hr., grantor herein. This Deed is executed by Calvin Trimble, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney an sot forth in Miss Book 724, Page 391, AND the said GRANTOR hereby warrants specially the property herein conveyed. IN WITNESS WHEREOF, the said S&A Homes, Inc, formerly ]mown as S&A Custom Built Homes, Inc, has caused this Deed to be signed in its corporate name by it Attorney- in-Fact, Calvin Trimble, the day and year first above written. ?hl"61't (.B } J Washington Mutual PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 7100 4047 5100 3555 1905 December 15, 2006 000937 /PC CHERYL GUTHRIE 304 FORGEDALE DR CARLISLE PA 17015 0698249166 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0695249166 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached page& The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER RF IT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the d of this Notice- If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1 800 342 2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SP" HOMEOWNER'S NAME(S): Cheryl Guthrie PROPERTY ADDRESS: 304 Forgedale Dr. Carlisle PA 17013 LOAN ACCT. NUMBER: 0698249166 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Washington Mutual Bank ` HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT IF YOU COMPLY WITH THE 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 OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE P TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAIN HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER R DIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names- addresses and telephone numbers of designated consumer credit counseling agencies for h county in which the propcrty is located are s forth a the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000937/SP999 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE D .FA i .T - The MORTGAGE debt held by the above lender on your property located at: 304 Forgedale Dr. Carlisle PA 17013 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 10/01/2006 $1051.11 11/01/2006 $1051.11 12/0 W006 $1051.11 Other charges (explain/itemize): Uncollected Late Charges $126.14 Uncollected Fees: $8,90 Corporate advances $0.00 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $3288.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3288.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to- Washington Mutual Bank 9451 Corbin Avenue Northridge, CA 91324 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to x r is its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. *IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY and foreclosure proceedings have begun, you may still have the right to cure the default and prevent the sale at any time up to one the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Bank Address: 9451 Corbin Avenue Northridge, CA 91324 Phone Number: 1-888-852-1745 Fax Number: 1-818-775-6260 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X may' not;` t;u rer yuL'r un?r ransferec who will assume :he mortgage debt, provided that all the outstanding payments, charges. and atiurnev's fees arJ coati are _mid prior to or at the sale, and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIIE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE, THE DEFAULT CURED BY ANY THIRD FART ON ti'Ot'R itFll,A! F • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF;,(JLT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. SP999 Washington Mutual 0698249166 PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 December 15, 2006 #BWNCLNN#. #0906989249916692# MICHAEL GUTHRIE 304 FORGEDALE DR CARLISLE PA 17015 000934 /PC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICL OF COLLECTION ACTIVITY RE: ACCOUNT # 0698249166 ACT 91 NOTICE TAB ACTIG T TO SAVE YOUR HOME FROM FORECLOSURE This is an of ficial notic e that the mortgag e on your home is in default. and the lender int ends to foreclose. Specific information about the nature of the The HOME default is OWNER'S provided in the at MORTGAGE ASS tached pages. ISTANCE PROGRAM (HEMAP) may be able t o help to save your home. This Notice To see if HE explains h MAP can h ow the program wo elp. you must ME rks. ET WITH A CONSUMER CREDIT COUNSEL ING AGENCY WITHIN 30 DAYS OF THE DA TE OF THIS NOT ICE. Take this Notice with you when you meet with the Counseling Agency. The name. a ddress and phone number of Consumer Credit Counseling Agencies serving y our County are listed at the end of this Notice. If you have an y questions . you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 7 80-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SP999 fi HOMEOWNER'S NAME(S): Michael Guthrie PROPERTY ADDRESS: 304 Forgedale Dr. Carlisle PA 17013 LOAN ACCT. NUMBER: 0698249166 ORIGINAL LENDER: Lbm CURRENT LENDERISERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE. ASSISTANCE. PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE 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 OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE V-P_i'O DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses. and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy, you can still apply for Emergency Mortgage Assistance.) r 000934/SP999 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 304 Forgedale Dr. Carlisle PA 17013 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 10/0112006 $1051.11 11/01/2006 $1051.11 12/01/2006 $1051.11 Other charges (explain/itemize): Uncollected Late Charges $126.14 Uncollected Fees: $8.90 Corporate advances $0.00 Less Credits $0.00 TOTAL. AMOUNT PAST, ',t E: S33S8.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HAW TO-CURE THE DEFAUL: - You may cure the default within HI1RTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AbIOUNT PAST DUE TO THE LENDER, WHICH IS $328837, PLUS ANY MORTGAGE PAYMENTS AND LATE CIEARGl:S WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash- cashier's check, certified check. or money order mad?paylbk and_st nd tQ Washiiigton Mutual Rank 9451 Corbin Avenue Northridge, CA 91324 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. •IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY p re iod you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI,E - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you may still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pUing the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as snecified in writing by the lender and by performing any other requirements under the mortgagee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SA DATE. - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action Will be by contacting the lender. ' HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Bank Address: Phone Number: Fax Number: Contact Person: Email Address: 9451 Corbin Avenue Northridge, CA 91324 1-888-852-1745 1-818-775-6260 Collection Department www.wamuhomeloans. EFFECTS OF SHERIFF'S SALE@ - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. V I .NIPTLO _Of N(QRTf ;. ?E- You may or X trt;iy uoran,icr your home t? r?"CT or t _trstr i a"'uwu Tile n,r rt?;nge debt, provided that all the outstanding payments. cha ,c . a_d attorney', fees and costa are pate, pr?.t?r to t. _. t1-e sal,;, avid that the other requirements of the mortgage are satisfied. YOU MAY ALSO IIAVF, 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. T(-) ll;VVETHF. DE ?A! 1,(' CIiRF.D BY ANY 1 '111Ri, I "`'1v:(1 ( YOliR BFI-! -ELF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. SP999 4 di L t,. A u j???, ,, ^? r" ? I ? !* GOLDBECK WCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County Docket No. 07-1388 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: only. Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs JOSEPH A. GOLDBECK, JR., ESQUIRE ?? i_ -"7? , ? ? .? V - :. t ? ;.. r ., - ,- r,.. te ? r ?? GOLDBECK WCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County Docket No. 07-1388 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: only. Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs JOSEPH A. GOLDBECK, JR., ESQUIRE ?? ? ..5.- ; ?";7 ,?''M- `?'"" Y , 4 ?-- -?? " ,' i ? _tZ C„,???-> ' `_ ° ']„1 .' c? a :.+C. Deutsche Bank National Trust Company, As Trustee for Long Beach Mortgage Loan 2006-7 VS Cheryl Guthrie and Michael Guthrie In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1388 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 3,481.35 Levy 15.00 Advertising 15.00 Certified Mail 10.56 Share of Bills 15.69 Law Library .50 Prothonotary 2.00 Surcharge 30.00 $3,600.10 So Answexs: R. Thomas Kline, Sheriff B Real Estate S rgeant ? 10/)$101 L)" 'D f ) , 5 qt, 6o yPY Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE (Mortgagor(s) and Record Owner(s)) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-1388 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 304 Forgedale Drive Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): CHERYL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 MICHAEL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 2. Name and address of Defendant(s) in the judgment: CHERYL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 MICHAEL GUTHRIE 2033 Lyndora Road Virginia Beach, VA 23464 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: LONG BEACH MORTGAGE CO. 1400 S. DOUGLAS ROAD STE 100 ANAHEIM, CA 92806 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 304 Forgedale Drive Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best my p rsonal knowledge or information and belief. I understand that false statements herein are made subject to th penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 8, 2007 GOLDBECK MeC cKEEVER BY: Joseph A. Goldbe k, Jr., sq. Attorney for Plaintiff 07-1388 GOLDBECK MCCAMRTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE Mortgagor(s) and Record Owner(s) 304 Forgedale Drive Carlisle, PA 17013 Defendant( Term No. 07-1388 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GUTHRIE, CHERYL CHERYL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 Your house at 304 Forgedale Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $192,494.87 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 07-1388 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866- 413-2311 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-1388 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 866-296-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-1123. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 11 07-1388 GOLDBECK MCCAMRTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. CHERYL GUTHRIE MICHAEL GUTHRIE Mortgagor(s) and Record Owner(s) 304 Forgedale Drive Carlisle, PA 17013 Defendant(s) Term No. 07-1388 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GUTHRIE, MICHAEL MICHAEL GUTHRIE 304 Forgedale Drive Carlisle, PA 17013 Your house at 304 Forgedale Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $192,494.87 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 1i 07-1388 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN 2006-7, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-825-6329 or 1-866- 413-2311 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 f 07-1388 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 866-296-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(i, goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-1123. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN tract of land situated in the South Middleton Township, Cumberland County, Pennsylvania being Lot No. 162; as shown on a Plan entitled Forgedale Crossing, Residential Development, Final Subdivision Plan, Section 5, dated July 23, 2004, prepared by PennTerra Engineering, Inc., State College, Pennsylvania, in Plan Book 91, Page 39, being bounded and described as follows: BEGINNING at an iron pin, lying in a southerly right of way line of Forgedale Drive (50 foot right of way) and being a westerly corner of Lot No. 161; thence along said lot South 00 degrees 29 minutes 25 seconds West, 151.77 feet to an iron pin, being a southerly corner of said lot and lying in a northerly line of Forgedale Crossing, Section 7; thence along the Section 7 lands South 80 degrees 12 minutes 42 seconds West, 90.88 feet to an iron pin, lying in a northerly corner of said lands and being an easterly comer of Lot No. 163; thence along Lot No. 163 North 09 degrees 57 minutes 13 seconds West, 163.34 feet to an iron pin, being a northerly corner of said lot and lying in a southerly line of the Forgedale Drive right of way; thence along said right of way along a curve to the right, having a chord bearing of North 86 degrees 00 minutes 53 seconds East, a chord length of 98.78 feet, a radius of 475.00 feet and an arc lenght of 98.96 feet to an iron pin; thence continuing along said right of way South 88 degrees 01 minutes 02 seconds East, 6.89 feet to an iron pin; thence continuing along said right of way along a curve to the left, having a chord bearing of South 88 degrees 45 minutes 48 seconds East, a chord length of 13.68 feet, a radius of 525.00 feet and an arc length of 13.68 feet to an iron pin, being the place of BEGINNING. CONTAINNING 0.384 acres BEING known and numbered as 304 Forgedale Drive, Carlisle, Pennsylvania 17013 Lot No. 162 is subject to a 10 foot utility easement along its street frontage. SUBJECT to Declaration of Restrictions and Protective Covenants for Forgedale Crossing as set forth in Misc. Book 424, Page 252. BEING part of the same premises which John E. Anderson and Pauline E. Anderson, husband and wife AND Robert A, Thomas and Deborah J. Thomas, husband and wife, by Deed dated April 1, 2003 and recorded April 2, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 256, Page 1728, conveyed unto S&A Custom Built Homes, Inc., grantor herein. This Deed is executed by Calvin Trimble, Attomey-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc, Book 724, Page 391. AND the said GRANTOR hereby warrants specially the property herein conveyed. IN WITNESS WHEREOF, the said S&A Homes, Inc, formerly Known as S&A Custom Built Homes, Inc. has caused this Deed to be signed in its corporate name by it Attorney-in-Fact, Calvin Trimble, the day and year first above written. TAX PARCEL NO: 40-10-0636-465 . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N007-1388 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan 2006-7 9451 Corbin Ave., Northridge, CA 91324 Plaintiff (s) From Cheryl Guthrie Michael Guthrie 304 Forgedale Drive Carlisle, PA 17013 (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$192,494.87 Interest from 05/09/07 to date of sale at 6.7500% Atty's Comm % Atty Paid $154.80 Plaintiff Paid Date: May 10, 2007 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs Curti6 R. Long, P on t By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 tap IMP Real Estate Sale # 34 On May 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 304 Forgedale Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2007 By: Real Estate Sergeant 9S ? ?' E I ? ?`?; IGQ l