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Home My WebLink About07-5398' GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 W W W.COLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-2 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. DAVID A. NOREIKA SHELLEY M. NOREIKA Mortgagors and Real Ovrners 1806 Centerville Road Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Q~- 539 8 lii v i i Term CIV#L AC~fbN: MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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. PARR 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 LISTED 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 LISTED CUMPLA CON TODAS LAS PROVI5IONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE LISTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TEL~FONO LA OFICINA FIJADA AQUi ABAJO. ESTA OFICINA PUEDE PROVEERI~ CON INFORMACI~N DE C~MO CONSEUIR UN ABOGADO. SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ~STA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1 }. Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2}. Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S webste 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~goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure andlor 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 chazge 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 56361 FC. Para information en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgsge Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-2, 7255 Baymeadows Way, 3acksonville, FL 32256. 2. The names and addresses of the Defendants are DAVID A. NOREIKA, 1806 Centerville Road, Newville, PA 17241 and SHELLEY M. NOREIKA, 1806 Centerville Road, Newville, PA 17241, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On January 13, 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 1937, Page 3541. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-2 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 March Ol, 2047 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 chazges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$123,061.09 Interest from 02/01/2007 through 09/30/2007 at 8.0000% .... ...................$6,526.73 Per Diem interest rate at $26.97 Reasonable Attorney's Fee at 5~/0 of Principal Balance as more fully explained in the next numbered paragraph ...................$6,153.05 Late Charges from 03/01/2007 to 09/30/2007 ....................... ......................$273.20 Monthly late charge amount at $54.64 Costs of suit and Title Search ................................................ ......................$900.00 Suspense ................................................................................. .................... -$110.70 Fees ........................................................................................ ........................$83.70 NSF Chazges .......................................................................... ........................$25.00 Monthly Escrow amount $173.70 $136,912.07 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above maybe 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, Plaintiffdemands a de terris judgment in mortgage foreclosure in the sum of $136,912.07, together with interest at the rate of $26.97, per day and other expenses, costs and chazges incurred by the Plaintiff which are properly chazgeable 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 GOLD CK MICA RTY & McKEEVER BY: 70SEPH A. GQLDBECK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF r VERIFICATION I, ~'~ ~ '~~~[ _ _ _ _ _ , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Deutsc a Bank National Trust Company, as Trustee for Lang Beach Mortgage Loan Trust 2006-2, by Washington Mutual Bank, as Successor-ia-Interest to Long Beach Mortgage Company, it s Attorney in Fact #069'1390250 -DAVID A. NOREIKA and SHELLEY M. NOREIKA ~,ki6it A ~xhi~ift A ALL clta! ceristn I-tece ai grnand xitlt intpnovsa~nts thereot slt+eattt !u Cook Tearnsltfp, Cantberlatnd C.c~xaf~-, Penusyl~ aeiis, mere partkularty described as ioliows, is nlt: B1wG~tNLNG at a ascil ht the cetttte of Ctat~ille ~d 5.R. 233; thptce SOUtlt 59 de~x~ces 40 tsda~s @0 secende but a distance of 3b4.ti't feet to a mil; tltcnct along lands no*r or fottnerty erf the Commosvreaith of PcnosylvAtd~t aA~ticltanx Static Ftirtst" South 72 degsess 31 m-isntes 15 aecet~ds ~Vsst a dkgnce of 22b.6+~ feet to a sto4se pits; thea+ee cae:tinotxg ataag tu4ds emv or to~crl~ of Ce~u~ ai PctQSyivaRia "Mic4as~t Stace Forest" l~iortls 6I degrees 8t3 raieuttes 00 setaad'c Wcat a dbtaatx of Z@4.3't feet ro st Trott pfn set; ti,ettce air-ng la~ttis ttavr ar farmerty of Ann :~arle S'xttoc 1"iorih 2~ degra~ 54 ~tirutes 00 xecoods fast a dlstancc of 171.12 sect to the place of ,SEGINh'Ii'tiG. CONTAiI'tIIVG s total arcs oY i.1~Z46 acfes as shown On tie att~ttcSte~i snrvcq prepared 8v ,#sittes C. Hoclenberry, FI.S and dateiC 111~S/05. .:.. ti:3 r` -' ti E.x(zi6it ~ WasMngton Mutual PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 May 18, 2007 #BVVNCLNN# #0906979390925097# DAViD A NOREIKA 1806 CENTERVILLE RD NEVJVILLE PA 17241 000164 !PC - 0697390250 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WII.,L BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0697390250 ACT 91 NOTICE TA~~E ACTION TO SAVE 'Y'OUR HONE tOM FOREC:LO~I:IItE This Notice osotains important k=al information. V you have any questions, representatives at the Consumer Credit Couaseliog Agency may be able to help e=plain it. You may atao want to contact an attorney in your area. The Local bar assedation may be able to help you And a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 1MPORTANCIA, PUSS AFECTA SU DERECIiO A CONTINUAR VIVIENDO EN SU CASH. SI NO COMPItENDE EL CONTENIDO DE ESTA NOTIFICACION OdTFNGA UNA TRADUCCION INAlED1TADlEN1'E LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL IYIJMERO MENCIONADO ARRIHA. PUIDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S SI~tERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIIKIR SU HIPOTECA. SP999 _..__. .. __ _ __ _ - ,-.. - - Washington Mutual ' PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 May 18, 2007 #BVVNCLNN# #0905979390925097# SHEI.LEY M NOREIKA 1806 CENTERVILLE RD NEWVILLE PA 17241 ooo~6e /vc 0697390250 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 ~ 0697390250 ACT 91 NOTICE TA-I~E ACTION TO SAYE YOUR HOIwIE FROIVI FO~C:LOSL:IItE This Notice contains important ~ intormstiou. U you have an7 4ueations, represeutati~es at the Cousnaun' Credit Couffidini ~7 mad be able to help eaphtiu it. You uu~~ aha want to contact an attornel ~ 7ou1' area. The local bar awctation ~7 ~ ab~ to help you i5nd a lawyer. LA NdfIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENiDO EN SU CASA. 3I NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IItIUiEDITAMEN7'E LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMFAWNBR9 EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIINIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NUMBER: ORIGINAL LENDER: Shelley M. Noreika 1806 Centerville Rd Newvllk PA 17241 0697390250 Lbm CURRENT LENDERlSERVICER: Washingtoa Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVLSIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE A~ISTANCE: • IF YOUR DEFAULT HA5 BEEN CAUSED BY CIRCUMSTANCES BEXOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • 1F YOU MEET OTHER ELIGIBII.TTY REQiJiREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage ~r thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting month one of the c~sumer credit counseling agencies listed at the end of this Notice. THIS MISTING MQAT c1(x'[IiZ N[I17tIN TIitS NLYT ~ DAYtC. IF YOU DO NOT APPi Y FOR El~?Rr:ENCY MOR .A ..ASSIST H ._ Y 7 MUST' BRtai(+ Y 1R MORT +ACE LtP TO DATR THE PART QF THIR NOTICE Ai.i. _ "HOW TO CiiRF. YO TR MORT .A .E DT?RALTt T". Pt AINC HOW TO B~, ?Nd YOURR_ MORTCs4E UP TO DATE. - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the leader may NOT take action against you for thirty (30) days after the date of this meeting. y hems nitmtf~ers of d~oi~ A .A co aLmer relit c;p ~nM ing'Qenci for h.e co .nty In vh'~ the pjp~X,ia tri .rw yet forth at he end of this Notice_ It is only nacasary to schedule one face-to-face meeting. Advise your lemier it>smmisffdit of your intentions. - Your mortgage is in default for the reasom sat forth later in this Notice (see following pages for specific informadoa about the nature of your default). If you have tried and are unable to resolvt this problem with the leader, you have the tight to apply for financial assistance from the Homeowner's Emergency Mortgsga Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency A~istancx Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit cauareling 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 FH.E YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIIbt$ PERIODS SEl FORTH Di THLS LETTER, FORECLOSURE MAY PROCI~ED AGAINST YOUR HOME II1II-IEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criuria established by the Act. The Pennsylvania Housing Finance Agency has sixty (ti0) 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 ib decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILWG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURMISFS 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.) ---~ _ _ - _ ._.. ~~~ ~ .... _.. 000185/SP99e. HOW TO CURE YOUR MORTGAGE DEFAULT tBrtns! it nu to date). - The MORTGAGE debt held by the above lender on your property located at: 1806 Centerville Rd Newville PA 17241 IS SERIOUSLY W DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts aro now past due: Monthly Instalment4: 03/01!2007 51064.30 oarolrmm sloea.3o o5roli2om slosa.3o Other charges (explain/itemiu): Uncollected Late Charges 5109.28 Uncollected Fees: 533.90 Corporate advances 5-3025.28 Lqs Credits sllo.70 TOTAL AMOUNT PAST DUE: 5260.10 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): ~'!Y To ctmE T~p~g,,~ gj.T-You may care the default within THIRTY (30) DAYS of the data of this no tice BY PAYIiVG THE TOTAL AMOUNT BAST-DUE TO TAE LENDIER, WHICH IS 5260.10, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUB DURING THE THIRTY (30) DAY PERIOD. Pavm~±+ts mn`t be m~ either by ah_ chM or nn~ ordwer m-d--.~I18~~~'~ tent n• 1±ier'a t.~rk ~rr+ified Washington Mutual Bank 9451 Ce~rbin A~enae 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 YALt DO NOT CIteE THIt DItFALrL.T - Tf you do not cure the default within THIRTY (30} DAYS of the date of this Notice, the.Jt~det lily to es'-neneia! its ri~L. tt oeeeteratn 1~ e~ert~..~deht. 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 mortgi~e in monthly instalments. If full pay~at of the total amoum past due is not made within THIRTY (30) DAYS, the lender also inttnds ~ instruct its attorneys to start legal action to tTT THE MQR'IY:ArSi iA fY~ .t'I11CFif iiPAN The mortgagad property will be sold by tha SheriB to pay Off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency befom the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's firs that were actually incurred, up to 550.00. However, if legal pilings are started against you, yon will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed 550.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If anon n.re the dehalt stithist the THIRTY (3tl DAY p~,1en will not he rean,~tn pi]~X'a fees. - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. RIGHT Tt) r37BF THE DEFAULT PRioR TO SHEt11FF~C SALT - If you have-not Cured the debult within the THIRTY (30) DAY period and foreClosun proceedings have begun, ytu may etlTl eve he right to .ore he dew ^h nd erevent thw,_,v~,le at,3nv ie-e en tII one hnLr the lender and by 1~`; a~3r et,~4nir~ sole ssrder he mort~~,, Cyrln$ ypgr d~tplt In the ffiaflnq' net fbftll In tltla 110tICe restore your mertsage to the name position as if yon had never dehulted. AARI iECT PA~B .. SIiF>t7_rrR^o s 1.1? DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would lx apprea:imlttely 9 months fnDm the dazbe oI this Notke. A notice ~ the ~tual date of the Sheriffs Sale will be sent to you baton the sale. Of coiuse, the amount needed to can 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 Calder: Washiagitoa Mutual 19:ant Address: 9151 Corbin Avenue NorthrWge, CA 91324 Phom Nwnber: i-8~3-552.1745 Fa: Number: 1-515-T75.6260 Contact Person: CelTectien Department Email Address: • -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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. - You mtly or .$ ratty not sell or transkr 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 casts are paid prior to or at the sale, and that the other requirements a~f the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING IN37TTU710N TO PAY OFF THIS DEBT. • TO HAYS THE DEFAULT CURED BY ANY THIRD PARTY AC'T'ING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOW>xYER, YOU DO NOT HAVE THI5 RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEA~t.) • TO ASSERT THE PfONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INS11T[TTED UND1;Tt 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 TAW. CON3UMF.R CREDIT COUNSELING AGENCIE.4 SERVING YQUR COUNTY ARE ATTACHIBD We orgy report information about your arcaount to credit bureaus. Late payments, tniased payments or other defaults on yowr secsttnt may be reflected in your credit report. si~- fl ,~ j Q ~''~ ~ S O. ~ ~ y. ~::....,. ""~ N 1 ~ 4 1 1 j t `i SHERIFF'S RETURN - REGULAR CASE NO: 2007-05398 P M COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS NOREIKA DAVID A ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE NOREIKA DAVID DEFENDANT was served upon the at 1622:00 HOURS, on the 12th day of September, 2007 at 1806 CENTERVILLE Rn NEWVILLE, PA 17241 SHELLEY NOREIKA by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.56 .00 10.00 .00 / 38.56 Sworn and Subscibed to before me this So Answers: ~.~~ !- R. Thomas Kline 09/13/2007 GOLDBECK MCCAFFERTY MCKEEVER By; ~ - day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05398 P ~•. ~'` COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS NOREIKA DAVID A ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE NOREIKA SHELLEY M the DEFENDANT at 1622:00 HOURS, on the 12th day of September, 2007 at 1806 CENTERVILLE RD NEWVILLE, PA 17241 by handing to SHELLEY NOREIKA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 9f ~g~b1 ~.-. 16.00 Sworn and Subscibed to before me this day So Answers: .~~~ R. Thomas Kline 09/13/2007 GOLDBECK MCCAFFERTY MCKEEVER By: i eputy Sh riff was served upon of A.D. DEUTSCHE BANK NATIONAL TRUST: IN THE COURT OF COMMON PLEAS OF COMPANY, AS TRUSTEE FOR CUMBERLAND COUNTY LONG BEACH MORTGAGE LOAN TRUST 2006-2 Plaintiff v DAVID A NOREIKA NO. 07-5398 Civil Term SHELLEY M. NOREIKA, Defendants ANSWER TO COMPLAINT tN MORTGAGE FORECLOSURE AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Neither admitted nor denied. Information is within the control of the Plaintiff and strict proof is demanded. 6. Denied. The relevant calculations were made by the Plaintiff based on information within its control; therefore strict proof is demanded. 7. Neither admitted nor denied. Defendants cannot predict Plaintiffs attorney fees. Defendant do not agree to liability for Plaintiff s attorney fees. 8. Neither admitted nor denied. Defendants express no opinion on Plaintiffs interpretation of law. 9. Denied. Plaintiff notified defendants of delinquency twice, but only sent one Emergency Mortgage Assistance Notice. NEW MATTER 10. Defendants entered a payment agreement with Plaintiffs agent Washington Mutual. See Exhibit A. 11. Defendants made the first payment under the agreement. See Exhibit B. 12. Plaintiffs Exhibit B is dated after that payment was sent. 13. No reference to that payment is made on Plaintiff s Exhibit B. 14. The Total Amount Past Due shown on Plaintiffs Exhibit B is $260.10, far less than the Defendant payment. 15. The Defendant payment should have cured the default noted in Plaintiffs Exhibit B. 16. Immediately upon receiving Plaintiffs complaint, Defendants proceeded to meet with a Consumer Credit Counseling Agency to get assistance from the Pennsylvania Housing Finance Agency. 17. The Credit Counseling Agency could not assist the Defendants since the Act 91 Notice was not sent to the Defendants within the statutory time frame. 18. The Defendants did not receive a current Emergency Mortgage Assistance Notice. WHEREFORE, for a!I the above reasons, Defendants David A. & Shelley M. Noreika request this Court to Dismiss the above-referenced Complaint in Mortgage Foreclosure. J ~ ~~'i ate Respectf y Su ed, Richa d Koch, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 t ~ ( ^~ ~~ ~ ~~' P.O. Box 2441 ' IIII u ` ~N~BM~ Chatsworth, CA 91313-2441 ~I May 16, 2007 SP500 David A Noreika Shelley M Noreika 1806 Centerville Rd Newville, PA 17241 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WE HAVE TOLD A CREDIT BUREAU ABOUT A LATE PAYMENT, MISSED PAYMENT OR OTHER DEFAULT ON YOUR ACCOUNT. THIS INFORMATION MAY BE REFLECTED IN YOUR CREDIT REPORT. RE: Loan Number 0697390250 Property Address: 1806 Centerville Rd Newville PA 17241 Dear Customer(s): We are writing to confirm the payment arrangement negotiated on 05-16-07 to cure the outstanding delinquency on the above-referenced loan. In your payment arrangement, you agreed to the following terms: PLAN DATE AMT PLAN DATE AMT 01 05/16/07 1,193.00 02 06/16/07 1,741.77 03 07/16/07 1,741.77 04 08/16/07 1,741.77 05 09/16/07 1,741.77 06 10/16/07 1,741.77 During the payment arrangement, your account will continue to accrue late charges Lased on the original installment due date aiid you wiii be responsible for payment of these additional charges as well as your principal amount. Also, any representations to credit reporting agencies are based on the original loan terms. In addition, please note: *Al1 payments must be received in our office on or before the due date indicated, not mailed by that date. *Any grace period afforded by your original :loan is not applicable under the terms of this payment 'arrangement. LA-SP500-022-0YR.4505.070705 Equal Housing Lender ~ ~~'" ~~ ~ ~`~~ P.O. Box 2441 ~, Chatsworth, CA 91313-2441 Page 2 Loan Number 0697390250 *Funds received will first be applied to the oldest installments due and. then will be applied to any additional fees imposed. The balance of the funds may be used to reduce any outstanding billed items in your payment agreement. *If no billed items are present on your loan, any portion of the funds received that is less than one full installment will be held in a suspense account. The funds will remain in this account until sufficient funds are accumulated to pay another full installment. *All payments or partial payments made pursuant to this arrangement are non-refundable and will be-used to reduce the total amount due on your loan. *If payments are not made by the dates agreed upon, Washington Mutual may require that all past due payments be immediately paid in full. *Failure to comply with this payment arrangement may result in Washington Mutual taking the necessary action to protect its interest. Noncompliance will render the arrangement null and void. *If it becomes necessary for us to make monetary advances to protect our security as allowed under the security instrument (Deed of Trust ar Mortgage), this payment arrangement may be suspended until revised terms have been negotiated. *Upon successful completion of the payment arrangement, regular monthly installments must be paid in accordance with the terms and conditions of your loan documents. Unless stated in this letter, all of the provisions of your loan documents shall remain in full force and effect. If you have any questions about this letter, call us toll free at 1-888-852-1745. Sincerely, Collections Department Washington Mutual Bank LA-SP500-022-OYR.4505.070705 Equal Housing Lender `tea:' ustomer Receipt / Recibo del Cliente www.westernunion.com ~l~e;""~,i ~a~l~ ~3lI~ ~/lld.? _ . - ._._ ~.~i......~J GIANT FOOD CiTC1RE #11~' O~,er, 1'D: c. °7~i SOUTH SF~'R I NG GARDEN al' ~I .l 1 ~~.' ~1 7 CARL.ICiLE F'A 17~1C~ ",:',~3i"' E::DT Senr_ier-/Remitente: Sf•iELLE4' NORkllj:i~ Rer_~e:i veriDest ~.n~.tar-•i a : WASHII`dG"f CjN h1L!TUr'lL_ DAr~~f; Code CitylCodigo de .la ci~.~dtad: GOL_I~E=NDEf~f~ C1=r Ac:•c~o~_Tr'~t #IN~_Tm~~ra de i_~_Tentt'a: I~f:,`~7?,'_?~~~~~ I~eferenc~e #IN~_Tmer-•o de refer~c~nci<a: AttniAtenClaTl: ~~ Am a ~_~nt i [Jant i dGad Ch~~r~~;et~}; C~r'UtJi: ~er~v i ce,'Cier~~r i c:i a : 'T'ot ~~ ]. i'Tot a:l : ,- C• .-a ~• 'LEASE READ: A~Tfa].y far ya~.tr, Western Union ~''r~e~i_tid M~-rster~C~:~r-•cl tad~~Y at wester~n~_Tnian.cam/F'F'MC far a tS9.~5 Acti~o~atian Fee. Na crEdit ctiec_I~. Na t~i_~nli ~ct.a~_Int r°er:~~_lired. Visit +nester~n~_~.nian.c-•am:F'E='~IC Agent Signature / Firma del Agente Customer Signature / Firma del Cliente _ N ADDITION TO THE TRANSFER FEE, WESTERN UNION ALSO MAKES MONEY WHEN R CHANGES YOUR DOLLARS INTO FOREIGN CURRENCY. PLEASE SEE TEVERSE SIDE FOR MORE INFORMATION REGARDING CURRENCY EXCHANGE. CERTAINTERMS AND CONDITIONS GOVERNINGTHISTRANSACTION ANDTHE SER- /ICESYOU HAVE SELECTED ARE SET FORTH ON THE REVERSE SIDE. BY S NING THIS RECEIPT YOU ARE AGREEING TO THOSE TERMS AND CONDITIONS. IF ISTED ABOVE,THE CURRENCYTO BE PAID OUT ANDTHE EXCHANGE RATE FORYpURTRANSA~TION WERE DETERMINED ATTHETIME OF SEND.OTHERWiSE, fHE EXCHANGE RATE WILL BE SET WHEN THE RECENER RECEIVES THE FUNDS. PROTECT YOURSELF FROM CONSUMER FRAUD. BE CAREFUL WHEN A iTRANGER ASKS YOU TO SEND MONEY. \DEMAS DE LOS CARGOS POR EL SERVICIO D~ TRANSFERENQIA}.,WESTERN UNION TAMBIEN GANA DINERO CUANDO CAMBIA SUS DOLAAES .A MONEDA :XTRANJERQ. POR FAVOR LEA AL REVERSO MAS INFORMACION bOSRE EL CAMBIO DE MONEDA. ALGUNOS TERMINOS Y CONDICiONES QUE RIGj=N ESTA "RANSACCION Y LOS SERViCIOS QUE USTED HA SELECCIONADO SE ESTABLECEN AL REVERSO. AL FIRMAR ESTE RECIBO USTED ACEPTA DICHOS TERMINgS f CONDICIONES. SI APARECEN MAS ARRIBA LQ MONEDA DE PAGOY LATASA DE CAMBIO DE SUTRANSACCION SE DETERMINARON EN EL MOMENTO DEL ENVIO. ~I NO, LA TASA DE CAMBIO SE ESTABLECi'RA CUANDO EL DESTINATARIO RECIBA EL DINERO. PROTEJASE DE LAS ESTAFAS. TENGA CUIDADO CUANDO UPd )ESCONOCIDO LE PIDA OUE ENVIE DINERO. __ CERTIFICATE OF SERVICE I hereby certify that i served a true and correct copy of the Answer and New Matter to the Complaint in Mortgage Foreclosure, upon the plaintiff, by depositing same in the United States Mail, first class mail, postage prepaid, on the 4th day of October, 2007, from Carlisle, Pennsylvania, addressed as follows: Goldbeck McCafferty & McKeever Attn.: Joseph S. Goldbeck, Jr., Esq. Mellon Independence Center, Suite 5000 701 Market St. Philadelphia, PA 19106 RESPECTFULLY SUBMITTED, TURD LAW OFF ES 5 I~i~ha~rd I~C6c'h, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 ID# 92956 ra C ' ~:-, I "7 r' r_ : "~ "S't ---i ~~ -, [1 f_~ 1 w _ -_ t"i ~ ~ 1 ~~ ~ , ''y} n GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Thomas I. Puleo, Esquire Attorney I.D. # 27615 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-2 7255 Baymeadows Way Jacksonville, FL 32256 vs. DAVID A. NOREIKA and SHELLEY M. NOREIKA 1806 Centerville Road Newville, PA 17241 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-5398 PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Defendants' New Matter as follows: 10. Denied. The said payment agreement, being a written document, speaks for itself. 11. Admitted. 12. Denied. The said notice, as well as the exhibits referred to in this paragraph, are written documents which speak for themselves. 14. Denied. The said notice, being a written document, speaks for itself. 15. Denied. The averments of this paragraph state a conclusion of law to which no response is required. 16. Admitted in part; denied in part. It is admitted only that Defendants met with a consumer counseling agency on or about September 14, 2007. A$er reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averment contained in this paragraph and therefore denies the same. 17. Denied. The averments of this paragraph contain conclusions of law to which no response is required. 18. Denied. Plaintiff sent Defendants the Act 91 notice referred to as Exhibit "B" in its Complaint. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendants as prayed for in Plaintiff s Complaint. Respec lly subm', omas I. uleo, Esquire Attorney for Plaintiff VERIFICATION THOMAS I. PULED, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiffls Reply to Defendants' New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. ;~ Thomas . Puleo, Esquire Attorney for Plaintiff ,, GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Thomas I. Puleo, Esquire Attorney I.D. # 27615 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-2 7255 Baymeadows Way Jacksonville, FL 32256 vs. DAVID A. NOREIKA and SHELLEY M. NOREIKA 1806 Centerville Road Newville, PA 17241 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-5398 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: RICHARD KOCH, ESQUIRE Richard Koch Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 & McKEEVER Date: D `~ 6 2~ r omas I. Pul , E; Attorney for P ainti ~ ~' t~ ~~~ rr - try C" ~ - r : ' a n ~;~. ~ _ . ry -~ _t ~ ~ ~' ~ ~ ~ .. ---~ rv u . '~ w ' GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attornev for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-2 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID A. NOREIKA SHELLEY M. NOREIKA 1$06 Centerville Road Newville, PA 17241 Defendants No. 07-5398 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE - „~ ~ 4 ~!'"F1 ~~ , %" ~ : { ~ ~:~' ~ ~ ~_, ~ G: ~ ~~ .C^ .,,C