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HomeMy WebLinkAbout07-6811I 'q_ . SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01- (Dg I ( Civil (erm vs. Patrick T. Straka 107 West Butler Street Mount Holly Springs, PA 17065 Stephanie M. Straka 107 West Butler Street Mount Holly Springs, PA 17065 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. 4 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 4. SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. Patrick T. Straka 107 West Butler Street COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 0!- 6,F// _T., Mount Holly Springs, PA 17065 Stephanie M. Straka 107 West Butler Street Mount Holly Springs, PA 17065 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6, the address of which is,7255 Baymeadows Way Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Long Beach Mortgage Company Mortgagor (s): Patrick T. Straka and Stephanie M. Straka (b) Date of Mortgage: May 31, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1953 Page 0199 Date: June 2, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. 4. (d) Assignments: Assignor: Long Beach Mortgage Company Assignee: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 107 West Butler Street, Mount Holly Springs, Pa 17065 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: Patrick T. Straka, 107 West Butler Street, Mount Holly Springs, PA 17065; Stephanie M. Straka, 107 West Butler Street, Mount Holly Springs, PA 17065 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of June 1, 2007 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of October 31, 2007: Principal of Mortgage debt due and unpaid $108,643.33 Interest currently due and owing at 8.05% per annum calculated from May 1, 2007 at $23.96 each day $4,408.64 Escrow Advances made by Plaintiff $215.74 Suspense/Unapplied Balance ($199.05) Accrued Late Charges(late charges will continue at the rate of $96.90 $48.45 per month) Title Search/Report Fees $250.00 Attorneys' Fees and Costs $5,000.00 TOTAL $118,415.56 8. Interest accrues at a per diem rate of 23.96 each day after October 31, 2007, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Mortgage. t 9. The attorneys' fees set forth above are inconformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & KREISMAN, LLC Date: 11H4 BY: Z?)? Attorneys for Plaintiff S & K File No. 07-30609 When recorded, mail to: ROBERT P. Z (EG L E fit LONG BEACH MORTGAGE COMPANY 2210 ENTERPRISE DR., M/S: SCO0140 FLORENCE, SC 29501 teas JUN z M s is Loan No. 6741697-7756 Parcel Number. 23-32-2336-174 1Sph=Atmte M Line For IftordingDaftl MORTGAGE THIS MORTGAGE ('Security In munent") is given on May 31 , , 2006 . The mortgagor is PATRICK T STRAKA and STEPHANIE M STRAKA, HUSBAND AND WIFE AS JOINT TRUANTS ("Borrower"). This Security In_Mrummat is given to LONG BEACH MORTGAGEE COMPANY which is organized and existing under the laws of the State of Delaware , and whose address is 1400 S, DOUGLASS RD., SUITE 100, ANAHEIM, CA 92806 ("Lender"). Borrower owes Leader the principal seat of One Hundred Nine Thousand Five Hundred Twenty and no11W---------- ---- DoUats (U.S. $ 100,520.00 ). This debt is evidenced by Borrower's note dated the same date as this Seendty Iustrtmaw ("Noce"), which provides for monthly payments, with the full"debt, if not paid earlier, due and payable on June 1 , 2036 This Smkity law== swim to Lender: (a) the repayment of the debt evidenced by the Note, with intemst, and all renewals, extensions and modifications of the Note; (b) the payment of all othar tetras, with sutet+est. advanced under paragraph 7 to protect the security of this Security lnstrumenr and (e) the pedformance of Borrower's covenants and ommem R under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convoy to Isstder the following described property located in CUMBERLAND County, Penasylvaaia: LEGAL DESCRIPTION ATTACHED HE EI.O AND MADE A PART HEMP which has the address of 107 W BUTLER STREET MT.HOLLY SPRINGS fsuut, City]. Pemoaylvania 17065 IZip coda] ("Pnopmw Address"). POMYLVAM-Single Famay.FRMAIM UC UtiN -0W ttiiSTRUMMT Font13p38 Q &IPA) im2i Amerced 1 BONN roe. I t?,y?PMO?a FO . t9oae7 °, -MPA BK 19 S 3 PG 019 9 TDPAI (WG?Ai) PC h, rvk ?X TOGETHER WITH all the improvernents now or hereafter erectegi on the property, and all cas ts, appurtenances, and t'-mm now or berca ter a part of the property. All replacemena and additions " also be covered by this Security lnstromant. All of the foregoing is referred to in this Security Imtru cut as the 'Property." BORROWER COVENANTS that Borrower is lawfully seised of do estate hereby conveyed and has the tight to mortgage, grant and convey the Pmperty and that the Property is unenmAmod. except for atoteabrances of record. Borrower warrants and will defend generally the dtW to the Property against all claims and demands, abject to any eocatabraam of record. . THIS SECURITY INST'RUMENT combines uniform covenants for ampottel use and non-umfotm covenants with limited variations by jurisdiction to constitute a uniform aoauity instrument covering real property. UNIFORM COVENANTS. Borrower and I.ender coveeant and agree as follows. i. Payment of Pdacdpal and Interest; t and Lute Chargea. Borrower shalt promptly pay whin due the principal of and iptear:st an the debt evidemed by die any prepaymeu zA We abarges due under the Note. 2. ]L® ds for Tam and Insurance. Subject to applicable law or to a wrim waiver by Leader, Borrower shall pay to Leader oa the day nwnthly paymauts are due: under the Note, until the Note is paid in fW e a sure ("Fwtds') for. (a) yearly taxes and arse ssmema wbirk my Attain priority over this Security Ibamment as a lien on the Property; (b) yeady kewhold payments or ground rents on.Me Property. if any, (c) yearly hazard or properly insurance: ptembans; (d) yearly flood insurance premiums, if any; (a) yearly mortgage insuz-ace premiums, if any; and (f) any sa ms payable by Aorrower to bander, in aecorduhse with the provirions of paragraph B, in lieu of the payment of tooRgege iasotattex premium. These item are called 'Escrow Items." Lender may, at any time, collect and hold Founds in an amount not to exceed the maxizaturt amount a leader for a federally related mortgage loan may require for Borrower's escrow account under rite *dcaal Real Estate Settlement Ptveedtuea Act of 1974 as amended fmon time to time, l2 U.S.C. Section 2601 el seq. ('RESPA7, unless another law that applies to the Funds sets a leaser amount. If so, lender rnay, at my time, collect and hold Funds in an MOUM not to a xceed* die lesser amoum. Lender tray estimate the amount of Funds duo on the basis of current data and reasonable estimates of expenditures of future Escrow hems or gthetwiw in accordance with applicable law. The Famds shall be held in an institution whose deposits are insured by a federai.agmcy, insimmrptW hy, or entity (including Lcoder, if Lmder is such an institution) or in any Federal Home Loan'Bank. IAnder shell apply the Funnels to pay the Escrow Iteunrs. Lender may not charge Borrower for holding and applying the Funds. ammMy analyz[ng the escrow acxaunt, or vetifying the Escrow Items. unless Lender pays Borrower interest on the Funds ad aapppplicable I pnmhs Lander to make much a charge. However. Lender may require Borrower to pay a one-tame charge for an indepeadant real estate tax reporting mime used by' Lander in connection with this loan, unless applicable Iaw provides otbearwise. Unless an agre meta is made or applicable law requires interest to be paid, Lender shall not be tegn W to pay Borrower any hum or amin$s on the Ftmds. Borrower and Larder may agree in writing; however, that interest shall be paid an the Frauds, Leader aball give w Hormwear, without charge, an annual accounting of the Funds, showing craft and debits t0 the I=& and the purpose for which each debit to the Funds was made. The Funds ate pledged as additional for all same secured by this Sawrity Insmmunt. If the blinds held by Leader exceed the amoaata permitted to? by applicable law. Leader shall umuet to Borrower for the excess Puads in accordance with the requirements of applicable law. If the amount of the Funds W by I.aader at any ti w Is not sufficient to pay the Escrow Imm wbeta due, Lander may so notify Borrower in writing. and, In such case Borrower shall pay to Leaden the amount necessary to maim up the deffelency. hoawwer shall make up the deficiency in no more than twelve monthly payments, at I.end 's sole discretion. Upon payer In gull of all mms secured by this Security Ipshvttneit? I.ander shall promptly refund to Borrower any Funds held by header. If, under paragraph 21. Leander slug acquire or sell the Property. I coder. prior to the acquisition or salt of the Property, shall apply 34Y lands held by Lander at the tiara of aagWMon or age as a Credit agairot the sums secured by this Security lnsrrument. 3. ApAcstiem cC Payments. Unless applicable law provides oawwlse, all payments received by I.eraderr under pwagrapbs i and 2 shall be applied. first, to any prepayment ebarges due under the Note; second. to amounts payable under paragrapb 2; third, to interest due; fourth, to principal due, and las4 to any late charges due under the Note. 4. Charges; Liras. Borrower shall pay _ all taxes, assessments. charges. rinse{ and impositions attributable to the property wbieh may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not p W in that manowe Borrower shall pay them on time ditwdy to the person oweed paymeot. Borrower shall F ra ; tly furnish m Land all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly fimAsh to Lander receipts evidaadng the payments. (Mk4_-HJtp?A) wtezti rr?? mw.a. Taa?z t ?`?Dtf?l 9 5 J PG 0 2 0 0 Pace s of y Loan No. 6741647-7756 8190 Borrower shall promptly discharge any lien which has priority over this Security Lea w%neat unlm Borrower: (a) ape in writing to the payment of the obligation secured by the lien in a flhaOW acceptable to Lauder,, (b) onntests in good faith the lien by, or defends agalast enforcement of the lien it'. legal proceedings which in the Larder's opinion operate to prevent the enforcement of the ilea. or (c) secures from the holder of the lien as agreement satisfMtory W Lender subordinating the lice to this Security Instrument. If Lender determlaw that any pact of the Pmpaty is subject to a lien which may attain priority aver ibis Security Instrument, Leader may give Borru,%w a nouft ideehtifying the ken. Borrower shall satisfy the lien or take one or more of the actions set faith above within 10 days of the giving of notice. S. Vszwd or Property L mrsuce. Borrower shall keep the lraprovan ub now etdSW or hereafter erected on the Property insured against loss by fee, hazards included within the term wMended coverage' and my other hamrd9. inclw wag floods or flooding, for which Leader =Tdres iaaaraace. This insurance shalt be malMairied in do selaoants and for rhe: periods that I ander requires. The insmocc Carrier p'ovift the insurance shall be dtosea by Doanwer subject to LeaWs approval which shall not be unreasonably wittdtetd. If Borrower fi& to malatain coverage described above, La ndw may, at Lender's apdou, abuda ccvt:rdge W prvta:r I zeisUnr'is r*Uts In me PAq any iu a -,uveslset= with paragraph 7. AA insura= policies and renewals shall be acceptable to Lender and shall induce a stttadard mortgage dause. Lender shall have die right to hold the policies and gals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the ibrAlme carrier and Lender. Leader may make proof of loss if not made promptly by Borrower. Unless I.e A and Borrower otherwise " in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the reswradou or repair is economically feasible and lender's security is not lessened. If the restoration or repair Is not economically female or Leader's semutity would be lessened. the ittaxwm proceeds shall be applied to the sums secured by this Security b nnenr whether or not then due, with any excess paid to Porroweer. If Borrowat abandons the Property, or does mot answer within 30 days a notice from I.ender that the kourancee carrier has offered to settle a claim, then Fender may collect the Insurance proceeds. L.e:nder may use the proceeds to re?sir or restore the Frepeny or to pay sous secured by this Security Instru ooat. whether or not then due. The 30-day p niod will begin when the notice is given. Unless Leader and Borrower otherwise agree in writing, any spplkadw of proceeds to principal shall not ez=d or postpone the due date of the moathly payments referred to in paragraphs 1 and 2 or chaoss the Amount of the paymcats, If under paingraph 21 the Property is acquired by Lender. Boerov Ws right to 8oty insurance policies and procceft're3ulting from damage to the PmpeM prior to the acquisition shall pass to Leader to the extent of the sums secured by this Security Instrument It'gRrhCdeately prior to the acquisition. 6. Occupancy, Prmwvation, NWateoance and Protection of the Peopaty; Bonww is Loan Application; Tag do. Borrower shall occupy, establish. and use the FropM as Borrower's principal residence within sixty days after the ckecution of Ibis Security Instrument and shall cobtiaae to occupy the Property as Borrower's principal residence for at tit one year after the date of ocwpancy, unless header otherwise agtnacs in writing, which consent diall not be unreasonably wittiltdd, or w 0e+s exteauatiag dreumstanas oast which are beyond Boaawer's control. Borrower shall not demmoy, damage or impair the Praper<rtyI allow the Property to deteriorate, or txntnmft waste on the Property. Borrower sba[t be in default if goy forfeiture action or ptaoading, whether civil or cdmi al, is begun that in Lender's good faith judgment could result in forfeiture of the Property or othawise maerially impair the lien created by this Security Lastrutnetm or L?wdet's security intereest. Borrower may cure such a default and rdastate, as provided in paragraph 19, by raining rho action or proceeding to be dismissed with a ruling that, In Leader's good faith determination. precludes forfeiture of the Borowe es interest in the Property or other material innpaitmmt of the lien created by this Security Instrument or Lemdedr's security into+eat. Borrower shall also be in default if Borrower, during the loan application process, gave mandally falso or inae mn= hdormation oat staaanaats to Leoder (or failed to provide Louder with my tea ftid infoaaadost) in v*uneWon with [lee loot evidmwmil by the Not% including, but not limited to, representations concerning Borrower's occupm;y of the i mperty as a principal residence. If this Sewrity iastrtm ant is on a leasehold, Borrower shalt comply with all the provhdons of the lease. If Borrower xxplres fee tide to the Property, the is asehold'and the fee title shall not merge tmless Lender agrees to the merger In writing. 7. Pmtedioa of Lender's Rigbts in the Prnpexty. If Bonrower fails to perform the covenants and agnermeucs contained in this Security Ina++nuent, or there Is a legal proceeding that my signifreeouy affect Landces rights is the Pmperry (such as a proceeding in ba dmVtcy, probate, for condemaatian or forfeihue or to enforce laws or regulations). then Leader alley do and pay for whatever is necessary to protect the value of the Property and I.adar's tights in the Property. Dander's actions may include paying any sums secured by a lien which has priority over this Security Iastrumwt, ,ippeaziag is court, paykg reasonable alrormeys' fete and entering on the Property to maim repairs. Although Lender may dm scion under this paragraph. 7. Leader does not have to do so. Q (ft-eHIPy?q,tit rpo 9 or 7 t 3W# Sim ?a a 4W f 9 5 3 PG 0 01 Loan No. 6741697-7ys6 . I Any amounts disbursed by Leads under this paragrapb 7 shall became additional debt of Borrower secured by this Security Instrrument. Unless Borrower and Lender agree to other term of payment, theca an== Shaall bear intarBt f val the date of disburAmett at the Nate rate and shall be payable, with interest, upon notice from Larder to Borrower requesting PSYMOUL MoMpge Insurance. If Leader required mortgage insurance as a condition of making the loan secured by this Se curfty lustrument, Bonowet shall pay the probes s required to =;ataiu the mortgage bmrsnee in effect. If, for airy maim the mortgage insurance: coverage required by Lestdebt Lapses or cemsos to be in el kM Borrower shall pay the premiupts required to obtain coverage substantially equivalent to the mortgage insurance pmviousky in effect, at a cost suWandally oquivaletu to the cost to Borrower of the mortgage inrizaace previously in emct. from an alternate mortgage inma approved by Leader. If substantially atldvaleat mortgage insurance coverage Is not available, Btutower abaU pay to Leader each month a stun equal to one-twelfth of the yearly mortgage Wmxa = promium being paid by Borrower when the kw anoe coverage lapsed or nosed to be in effect. leader will accept, use and retain these Pa as a loss rraerve In list • of mortgage boutance. Loss reserve payments may no longer be raptured, at the option of Leader, If ego houvatce coverage (in the mom and for the period that Leader requinrt) provided by an damn approved by Ilmder again boon available and is obtained. Borrower shall pay ttte premiums rrqulred to ma;ddtin mortgage insurance in effect, or to provides a local reserve, until the requirement for mortgage Insurance cads in accprdat= with any wtittea sgteauaatt between Boa+owar and Lmatder or applicable law. 9. Impaction. Lauder or its agent may nWm reasonable entries upon sod leVations of the Property. Leader shall give Borrower notice at the time of or prior to an inspection spedfying teaonable causes for the inspection. 10. Coadeuraation. The proceeds of any award or claim for dattattges, dim or consegoendA, in cation with say condemnation or outer talmrg of any part of the Property, or for conveyance in lieu of eondertroation, am hereby assigned and shall be paid to Lender. In the event of a total mUug of the Property, the proceeds shall be applied to the mm secured by this Security Instrument, wbether or not then dale, with any excess paid to Barrows, In the event of a partial taking of the Property le which the fair market value of ibe property immediately before the taldng is equal to or gtuuuter than the amount of floe sums se=vd by tlt3s Security In=nu att immediately before the taking, unless Borrower and Latda otherwise agree in writing, the grans secured by this Security Instrument shall be reduced by the au uqut of due proceeds mid lied by the following factions (a) the total amount. of the sums secured Immediately before,ft taking, divided by (b) the fair madoet valW of the Property immediately before the taking. Any balance shall be paid to Borrower. In rho event of a partial taking of the Property is which the fair market Value of the property iaaaaediately before the talciag is less than the amount of the arms secured Immediately before the taking, ushers Borrower and Linder oflutwin agree in writing or unless applicable law otherwise providm the proceeds shall be applied to the sums secured by this Security howuneot whaher or not rho sums are Own due.. If,the Property is abandoned by Borrower, or if, &ftr notice by Leader to Borrower OW tlw cotademmr offers to make an award or sealle a claim for damages, Borrower fails to respond to Deader within 30 days +tfter rite date the notice is given. Lender in wwUopxwd to waUect and npppty etw psooooda, at its aptaorl, either to :<atanden or repair of she rmpr'xty of to UM auuu swured.by this Se;c-urity Iostmmttettt, whether or not then due. Unless Lauder and Borrower otherwise agree in writing, any applicaSon of proceeds to principal shall not extend or postpone the due date of the monthly pa norm referred to in paragraphs l arc} 2 or dunge 13te amount of such payments. 11. Borrower Not 1(deasedi Forbearam By Lander Not a Waiver. EUemsion of the time for paymeent or modifiacion of amord adoa of the sums sexu W by 13t1e Security Inshum t graded by Lmder to my sstcomr in hung of Borrower shall not operate to release the li#bility of the odOW Borrower or Bon rakes vicomoss in interest. Lender shall not be required to commence proceedings against any successor In Intatrst or refuse to eu<t®d time for payrewt or otherwin modify annitintion of the sums secured by this Seacu miry Insttumcat by reason of any danand trade by the original Borrower or Borrower's succexsors in interest. Any fatbearartee by Linder in exercising any right or remedy shall ant be a waiver of or pnolode the exexciso of any right or remedy. 121 Summm mW Axdgm Bound; Jobt and Sgversl LkbWtyi Cwd pems. no covenants end egtemnenus of d9s Security bunaneat shall bind Dad beneSr the tors and assigns of Leader and $orrowa, subject to the provisions of paragraph 17, Borrower's covenants and agreements shall be joint and several. Any Borrower who co-sips this Security Insmmucat but does not execute the Now: (a) Is co-signing this Security Instrrmm only to mortgage. grant and convey that Borrower'n iamm in the Property under the teams of this Security imttuarent: (b) is not personally obligated to pay the awns Secured by this Security Insntanent• and (c) agrees that Isnder and any adder Borrower my *gm to Extend, modify, fonbau or make any accommodatioas with regard to the terms of this Security Instrument or the Now without that Borrower's consent. IN?I ?e EI953PG0.2a2 >.?.. oleo Loan No. 67d1697.7756 13. Loan Charges, If the loan secured by this Security Irmument is subject to a law which sets maximum loan charges, and that law is ftually interpreted so that the interest or other Icaa charges collected or to be collected W eomeation with the loan exceed the permitted li plus, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) say suns already collected Blom borrower which exceeded permitted limits will be re6mded to Borrower. Lender may choose to crake this refund by reducing the principal owed under die Note or by making a direa payment .to Borrower. If a rethad reduces principal, the reduction will be treated as a partial prepayment without any Prepaynccnt charge utrder the Note. 14. Notices. Any tuotioe to Borroa+ar provided for in this Severity Instruam shall be given by delivering it or by trailing it by trust class meta tmlesa applicable law requires use of another method. T.lre notice shall be directed to the Property Address or any other address Borrower designees by notice to I.ender. Any notice to i no shall be given by awe uUM u++a w Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instru "be deemed to have bees given to Borrower or Larder whin given-as provided in this paragraph. 15. Governing Law; Severibllity. Tlds Security Instrument shall be govemcd by federal law anti the law of the jurisdiction in wbirh the ntopetty is located. In the event that any provision, or clause of this Security hammeat or the Note conflicts with applicable law, such conflict shall not a5wt other provisiom of this Security Instrument or the Note which can be: given effect without due conflicting provision, To this earl the provisions of this Security Instrument and the Note am declared to be severable. 16. Vorrowees Copy. Borrower shall be given one c oufomwd copy of the Note and of this Security hatrument. 17. TTUdee of the Property or a >Eiendicdal xnntered In Borrower. If all or any part of the Property or any interest in it is sold or transfernd (or if a bewficial Interest in Borrower is sold or tuansfernd and. Borrower is not a uahural person) without Lender's prior written consent, Leader may, at its opd* require immediate payment in full of all sums secured by this Security Instrument. However. this option shall not be exercised by I.andor U exercise is pivhtlcited by federal law as of the date of this Security instrvmem. If Lender eaercim this option, Lender shall give Borrower notice of acceleration. Mm notice shall provide a pcriod of not less than 30 days from the hate the notice is delivered or malted within which eatrowar must pay all sums starved by this Security Ins ++ ant. If Borrower fails to pay these sums prior to the expiradoa of this period, under may invoke ady remedies perouittod by this Security Instrument withour further notice or demand on Borrower. 18. Borrower's Right to Rehotate. If Borrower meets certain conditions. Bornower shall have the right to have enforcement of this Sacmay resentment diseontimted at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for rcinstawment) before sale of the Property pun=ant to any pourer of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Insmunect Tie conditions are that Borrower: (a) pays I and all sutras which Om would be dtte undec this Security Instrument and the Note as if no axdention had occurred; (b) Cures any dohnlt of any other covenants or agreements; (e) pays al cgmsw Incnrrod in enforcing this Security Instrummt, including, but not limited to. reasonable attorneys' fees: and. (d) takes such action as Laudar may reasonably require to assure that the lien of this Security hMumeot, I.aQder's rigs is the property and Borrower's obligation to pay the sums a culid by this Security IunwMent shall continue uoehoaga& Upon rainstatunaut by Borrower. this Security Inara n m and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the cam of acederation under paragraph 17, 19.: Sale of Note; Chafte of IA= Servicer. The Note- or a partial interest in the Nate (together with this Security Iasumment) may ba v9IA ono ar more tim" v4du ue prier notice ns Rarmwmr A We may result is a Change in the entity Qauowa as the 'Loan Servieee) that collects monthly payment;s duo under the Note and this Seeudty marl mint. There also may be one or trots Obanges of the Loan Servicer unrelated to a sale of the Note. If time is a charge of the loan Sen icer, Borrower will be given written notice of the change in acoomism with paragraph 14 above ad applicable law. Ue notice will state the Dame and address of the new Loan Servlcer and the address to which payments should be made. 7be m ce will also contain any other information required by applicable law. 20. Hazardous Subdanom Borrower shall Pot cause or permit the presauce. use, disposal. swinge, or release of any Hazardous 5ubetances on or in the property. Borrower ftU not do. nor allow anyone else to do, anything dfecdog the Property that is in violation of cry Fmviroamcaui Law. Ma preceding two sentences shall notapply to due presence, use. or storage an the Property of small quandde, of hazardous Substances that ate generally recognized to be appropriate to normal residential uses and to maintenance of the Property. CL4tr1PA pvp Pq. a al 7 .04107-"56 also MWM i s 3 Pc o a a: Loan No. Borrower shall promptly give Lender written notice of any investigation, claim. demand, lawsuit or other action by any govttt=eaW or regulatory agency or private party involving the Property alai any Hazardous Subs== or P.avitumoontal Law of which Borrower bas actual Imowledge. If Borrower learns, or is aodW by any govertzo t or regulatory authority, that any removal or other temeaituion of any Hazardous Substance affecting the Propary is necewaty, Borrower shall promptly take all necessary remedial achons is a=rdanee with Enviromaemtai lAw, A. aced is this paragraph 20, artacacdow sabxaaaeaw ate tboae aabatoeow dotwwd an toxic ar hazatdaaa subsW40 ,e %w Favirammtel Law and the foIlowing substances: gasoline, kerosene, other flammable or twdc petmlman products, toxic pesticides and habicides, volatile solvents, materials containing asbestos or feumalde4ytie, and ndloautive materials, As used 3n this paragraph 20, "Fav ronmemtal Law" means federal laws and laws of the jurisdietton where the Property is located that relate to btalth, safety or environmental protection. NON-UNIFORM COVENANW Borrower and Leader further covenant mad agree as follows: 21. Ametea ation; Roulpoles. Leader shall give notice to Borrrower prior to acceleration following Borrower's breach of any cormurt or a poose d in this Security Instrument (hot not prior to acede tadou under paragraph 17 uaiess applicable law provides otherwise). Leader shall no ft Borrower of, among other thtgp: (a) the default; (b) the w4oa requited to cum the ddauly (c) when the ddank must be cored; and (d) that fa$on to can the default as specified may result der acceleration of the an= secured by this Sersurtty Ipstraaent, foreclosure : by judicial proceeding and axle of the Property. Lender shalt farther tatotm Borrower of the right to rdaatate after aooderadou and the tight to assert in the foreclosure proceeding the non-existence of a default or any other defense of Bonum to boa and fare closure, It the default Is not curl as spec[fled, I.mder, at Its option, may require Immodittte psynieut in hS of mill nuns sactaed by this security Instrument without farther demand and may foreclose this Seca o lustrum d by Jud"A proceeding. Leaden .shag be entitled to collect all expenses Incurred In ;rrasofag the reined as provided I p this paragraph 21, including, but act limdbed to, attorneys' few sail costs or tide aide= to the orient permitted by applicable law. 22,, Rdeare. Upon payment of all sums scmnvd by this Security Ia t, this secucy Inett tment and the estate conveyed shall terminate and become void. After such occvrrcnce, I.dtdet shall discharge and satisfy this Security Imshwat of to Borrower. Borrower shall pay any recordation costs. Lender may oharge Boramw a fee far Messing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable taw. 23. Waivers. Borrower, to the extent permitted by applicable la% waives and ideases =I error or defects in proceedings to Cdfbm this Security Instrument, and hereby waives the beauHt of any pnseut or fawte lawn providing for stay of execution, extension of time, exemption from allacbment. levy and sale, and hu meatead exegoptioa. 24; Reindatemmt Period. Borrower's d= to nimatate provided in paragraph 18 shall extend to oru hour prior to the cammenceme at of bidding at a sbethTs sale or other sale pursuant to this Security Instrument. 25. 1c archaae Money Mottgage. If any of the debt se Cued by this Security Raruc gt is lent to Borrower to acquire title to the Property. this Sexz* Instrument shalt be a purebase money moltgager. 26.:. Interest Rate Af1w Judgmett. Borrt weer ape that the interest rate payable sitar a judgment is crten d on the Note or in as Action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27.1 hiders to this Sorority 1=tru neuL If we or more riders are executed by Bonoww and recatde d together wI& this Se ctu ity -Instrument, the covenants and agreements of each such rider shall be ioomtptuated into and shall amend and aegrplement the covenants and agreements of this Security Ina rtunent AS if the rider(s) wend a part of this security hotrumeot. [track applicable box(es)] Adjustable Rate Rider ? Condominium Rider 1-4 Family Rider Graduated Paymaed Rider Planned Unit 13evelopmemt Rider Aiweeldy Paymeat Rider Balloon Rider Rate Improvement Rider Second Rome Rider EIYA Rider a Ot =15) [specify] -BH(PA) toviz ,WAO MW21" PtBK 1 9 5 3 PG 0 2.0 4 r,a. e a 7 Low No. 67416474756 s?9m BY SIGNINQ BELOW, Borrower accepts and agrees to the tc=s ad coved cuatairied iA this Socurity b=tnt ent and in any cider(s) by Borrower and recorded with it. WitaessBS: Ica (SCSI) PA CK T S"IRAKA -narrower .?" ? (Seal) [E M STRAKA -$armwct -(Seal) (Seal) -Bonowu 80tmwer Ceruit1, of Resid .. da bmby certify that the correct address of the witbin-nom Mattgag 1400 S. DOUGLASS RD., SUITE 100 ANAFiEIIti, CA 92806 Witness my hand this day of Agave of Mnrtpytee COMMONWEALTH OF PENNSYLVANIA, CUM$ County ss, On this, the 31ST day of 1m&( befbm me, the Undersigned officer, PemnW tY appeared FVri M i -+. Skpurfru A S AYA- known to me (or sadd wmrlly proven) to be the puma S whose name 44-e- sttbsmuibed to the within instrttmeat Bad attlMmledged that execoted..fhe same for the purposes hordia couWaed. IN oVfnQM WMtEOP. I hereunto set my hand aW official seal. My ComnAsd (m Expires: IYAA Ti!!a of 0l5mr iVOtmW 5401 _ taa"a em, M 0g u* irl tC_=t>fuWM EWm J*3, 2008 NiaoboC: f+?sryl+erY I W odtlion Of 1Vomtles Form 3039 9180 'MPA7 tam RK 19 5 3 PG 0 2-.05 Loam No. 6741697 7756 SCHEDULE C LEGAL DESCRIPTION Commitment Number. 5100-444 File Number. 5100.444 ALL THAT CERTAIN -lot of ground situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by Butter Street, on the West by lot now or formerly of Mary Boyer and formerly of John Mullen, on the South by a 12 foot alley, on the East by lot now or formerly of Edward Watts, farmerty of Frank G. Paul. CONTAINING in the front an said Sutler Street 40 and extending in depth 160 feet, it being lots B & 9 in Harman Plan of Plot of Butler Street, and being improved with a three story frame dwelling. B{:I953902-0.6 STEWART TITLE GUA*ANTY COMPANY FAXED/ADJUSTABLE RATE RIDER (LMOR index - Rate cape) THIS FIXED/ADJUSTABLE RATE RIDER is made an this gist . day of May , 2006 . and is incorporated into and shall be deemed to amend and r4gdement the Mortgage, Dead of Trust or Security Deed (the 'Security Instrunic t") of the same date givar by the undersigned (the 'Borrower") to secure Borrower's Fiaa lAdjusteble R;=Nota (the "Note") to LONG BEAM MORTGAGE COMPANY (the"Lander") of the same date and covering the property described in the Security Ino nwam and located at: 107 W BU U R STREET MT-HOLLY MM14GS, PA 17065 lFroprtY Ad*c*l THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE AND TO AN ADJUSTABLE INTEREST RATE. THE. NOTE LIMITS THE AMOUNT THE BORROWER'S ADJUSTAW-E RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATS THE BORROWER MUST PAY. ADDMONAL COVENANTS. In aMdon to the covenants and gMimaents made in the Security Instrument, 11armwer 2m T "der hirther rnvmant and nerrn as fnttnvA., A. ADJUSTABLE BATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest no of S.= The Now also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: ' 1. ADJUSTABLE IIVTEMM RATE AND MONTHLY P&VAUNT CHANGES (a) Change Does The initial fixed interest race will change to an adjustable irtt(= we on the first day of June , 2008 , and on the first day of the month every 6th troth thereafter. Each date on which the adjustable interest We could change is called a "Grange Date." (b) The Index Beginning with the first Change Date, the ]nte= rate will bo bused oa an Index. The "Index" is the average of the London interbank offered rates for six wowA dollar deposits in the London awket based an quotations at five major banks ("LIBOR'), as set forth in the 'Money Ram" saxion of The Wall Sanwa Journal, or if the Money Raul secdoa ceases to be published or becomes w4vailab0e for any meaner, than ss set forth in a comparable publication selected by tht Leader. The most recent Index figure available as of are date 45 days before each grange Date is called the `Current lad= 4 Nranytvspta Fwd/Adlustabla Rah Mar - Libor P40e 1 of7 n74ous 100021 UECTROMC LASER 11CRMS. Mr. - 100013274E45 Loan NO.0741507-7755 :IO 11 (031"20001 roc W 19 5.3:PG 0.2.0 7 (c) Cafculstion of Changes Before sacb Change Date, the Lauder will Waculare my new interest rate by adding Four and Nbaety Nine Etmdmdths percentage point(s) ( 4.990 %) to the Current Indent. Tbo Leader will they round the result of this addition to Ow neatt?t one-cighth of one percentage point (0.125%). Subject to the limits stated in Section 1(d) on the following page, this rouaw amount will be the now ixntenst rate uuw the Mt Change Date. 'Cie Leader will then determine the amount of the moattay payment that would be suffidest to repay the unpaid principal balance as of the Chap Data in fltll on the Matuttty Date at the new interest rate iat substantially equal payments, The result of this calculation will be the new monthly payment. (d) Limits on Interest Rate Changes The interest rate at the fret Change Date win not be greater than 10.050 % or less than it-ego %. InviMORRr. thp, a/tjitntahle, intro-v rAM will never be itlcirssed of decreased on aqv single agme bate by more than One page points ( 1.000 %) from die rate of interest applicable dating the precading 6 months. Tire adjustable interest rate wall never be greater than 14.050 Sri, which is called the 'Maximum Rate" or less than. 8.050 % which is called the'Miuiu m !fate'. (e) Effective Date of Changes Each now adjustable interest rate will became effective on each Change Date. The amount of each new monthly payment will be due and payable on the fast monthly payment data after the Change Date until the amount of the monthly payment changes again. M Notice of Changes The Lroder will deliver or mail a notice of any cbaages in the adjustable interest rare and the amount of the new roonddy payment to the Borrower before the effective date of my cd x*L The notice will include information required by law to be given to tits Borrower and also the title and telephone number of a person who will answer any questions regarding the noires. H. TRANSFER OF THE PROPERTY OR A IgF,NIIMCLAL II+PPERHS'1' IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the "Itn stared in Section A above. Uniform Covenant 17 of the Security Instrument provides as follows: Trier of the Property or a Bendldol Interest in Rornower. If all or any pint of the Property or any interest in it is sold or transferred (or ifa beaddal internist in Borrower is stud or h=sferned and Borrower is not a natural persou) without Lender's prior written consent, Linder rosy. at its option. regWre humedlate pa %Iw in fail of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader if exercise is prohibiterd by federal law as of the date of this Security Iastrlaicat. If Leader exmvixe4 this option, I.mder shall give Borrower notice of ate daviom The notice shall provide a period of not lea than 30 days from the date the notice is delivered or mailed within which Botaower must pay AU Poarwvlwani. FunWAdjustahk Rau Mar - Ubor TM 1403862 omit Pope 2 of 9 41407082 (07?0YtMM PO Loan No. 6741867.7758 SK •t 9•5.3:PG 0 ZOS sums segued by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any reroedirs permitted by. this Security In"Uoeat without further' notice or deowd. on Borrower. 2. When Borrowac'e initial fixed Wterest rate ehuges to an adjustable interest rate rmder the term; stated in Section A above, Uniform Covenant 17 of the Security Instrument contained m Section B(i) above shall then cease to be in effect, and Uniform Covenant 17 of the Security Instrument shall be ameaded to read as follows: Transfer of the Froperty or a Bene!!cW Lnterva in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred sod Borrower is not a nattuat person) Without Lender's prior wzitten consent, I.mcler may, at its option, rcgnkc immediate paymeat in fill of aU stuns senn d by this Security Instrument. However, this option shall not be exercised by Leader if exercim is prohibited by federal I4W as of the date of this Security h?ument. Lauder also shall not exercise this option if: (a) Borrower causes to be Submitted to Lauder iaformation required by Lender to evaluare the intended transferee as if a new loan were being made to the transferee; and (b) Leader reasonably dete=iors that Iadex's security will not be impaired by the loan assumption and that the risk of a breach of :a;. ate.....-.:u this Security Instrument is acceptable to Lender. To dm extort permitted by applicable law. Lender may charge a reasonable fee as a condition to Lender's consent to the loan a =Vtlon. Lender also may Muire the ttuderae to sign an assumption sgnesmmot that is acceptable to Leader and that obligates die transferee to keep all die promises and agrnmments made in the Note and, in this Security lostirunteat. Borrower will continue to be obligated under the Note and Security Instrument u less Leader releases Borrower is writing. rf Leader exercises the option to requite immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide 8 period of not less than 30 days from the date the notice is delivered or mailed within which Borrower mast pay all sous segued by this Seauity imtrument. tf Borrower fah7s to pay these sums prior to the expiration of this period, Leader may iuvoka say remedies permitted by this Sectuity Instrument without further =tire or demaAd on Borrower. ' BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained is this Fixed/Adjustable Rate Rider. (Seal) PA CS T sm4kA .Boaftw (Seal) M Borrower [Sign Original Only] PonmVtvama PUadlAdjrratabb rte niter - t.ibor -4740888 tcooa1 s n 414OW03 tMWrmoai Pr - (Seal) lonm cr (Seal) •Aooowwcr I Certify this to be recorded In C unbe dfind County PA Loan No. 8741847-7756 Reeonier of Deeds K4,35.3-PS- 2iflS 3 A4 Z-04" ROBERT P. ZIMER 2006 JUN 2 fin 9 19 Preps BY: URVASHI SIMON Ptetam To: LONG BEACH MORTClAC 6 COMPANY =10 ENTMAPRISE DR., MIS: SCO0140 FLORENCE, SC 291101 Loan No. 674i898-7766 Parcd Number. 2342-2336-174 [SpKe Above 7U U!-a Fat Z=rft9p0161 MORTGAGE THIS. MORTGAGE is made this 31st dmy of May iN , between the Mortgagor, PATRICK 7 STRAKA and STEPHANIE M STRAKA, HUSBAND AND WIFE AS JOINT TENANTS (hol4n 'Borrower'), and the Mortgagee. LONG BEACH MORTGAGE COMPANY , a corponrtioo organized and existing under the taws of the State of Dolmans , whose address is 1400 S. DOUGLASS RD., SUITE 100 ANAHEIM, CA 92806 (herein 'Lender'). W> MEAS, Borrower is indebted to Lender in the principal sum of U.S. $ 27,380.00 which indebtedness is evidenced by Borrower's note dated May 31, 2006 and extensions and renewals thereof (turdn "Noto% prvvidiug for toor@dy installments of principal and interest, with rtm balance of the indebtedness, if not sooner paid, duo and payable on June 1, 2036 TO SECURE to Leader the repayment of the indebtedness evidenced by the Note. with interest thereon: the payment of all other m-, with interest thereon, advanced in accordance havwith to protect the security of this Mortgage; and the performance of the covenants and agmements of Borrower herein PENNSYLVANIA - SECOND MORTGAGE -1180 - FNMAIFHLMC UMFORM IMMUNWIIT 781PA) o4oi Fagn 3838 P4q¦1-ot8 iNdN? ?f VMP Mmnp¦p sdwjem. Ina. teMlfi-7; TDPr, Mi (ammm> Pa 51953PG02-VO contained, Borrower does hereby mortgage, grant and convty to Leader the following descr-W property located in the Couaey of CUMBERLAND , State of Pennsylvania LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has the add=s of 107 W BUTLER STREET 15-tl MTJ40LLY SPRINGS ICityl, Petmtsylvauia 17069 (W Code] (herein "PropertyAddress'); TOC&-EU:R with all the unprovemeats now or hereafter creutod on the property, and all easements, rights,. appurtenances and )feats. all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, togettet with said property (or the leasehold estate if this Mortgage is an a leasehold) are 4erainafter referred to as the "property.' Balrowet covepants that Borrower is lawfully seised of the estate bemby conveyed and has the right to mortgage, grant atui convey the Property, and that the Pmpetty Is zmanciftbe<ed. except for encumbrances of record. Borrower covettattts that Borrower warrants and will Mead generally the title to the property against all claims and demands, subject to encumbrances of recor(L UNWORM COVENANTS. borrower and Leader caveaw and. agree as follows; L ho uaent of Principal apd llatcrest. Borrower shall ptwl pdy pay when due the principal and interest indebted" eas evidenced by the Note and late charges as provided in the Note. 2. Funds for Taus and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Leader on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds') equal to one-twelfth of dw yearly taxes and assessments (vtcluding candominituu and planned unit developo= asseasments, if any) which may attain priority over this Mortgage and ground rents on the Property, If any, pieta one-twelfth of yearly premium installments for 1tazard fiwxa=, plus tme-twelfth of yo dy pt+emiwn instalit"aw for nmtgage insurance. if any, all as seasonably estimated initially and from limo to tuna by Leader an the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to unalme such payments of Funds to Lender to the muent that lsotrower mnaloes such, payments to the bolder of a prior mortgage or deed of trust if such holder is an institutional leader. xywht 1 1 qk-761PA) Iao07l P.p. s of e ` ' 't' ' • FWM 3838 TOPA2NM rovoum FO LoYn No. 674i 698.7.756 _8KI953PG02I If Borrower pays Funds to Leader. the Funds shall be held in a1 itertitutiou the deposits or accowus of which are insured or gum mid by a faderal or state agency (including Lander if Lendet is such an instiadon). Leader shall apply the Ftmds to pay said tapes, asaaomMs, iaaaraoce premiums and ground rents. Isaiah mqy not charge for so Bolding and applying the Fad, at8lylatg said account or Yerlfying and compiIiag said assettment8 and bills, tmless Lander pas Borrower iatcrM on the Funds and applicable law permits Lender to zft soot a charge. Bm=W and Leader ropy agree in writing at the time of cuoutibn of this Mortgage that inwreat on the Funds shall be paid to Bow war, and un' suCh agreement is mule or applicable law ragtum such interest to be pall, Yoder shall not be required to pay Borrower any inumcst or earnings on the Funds. leach shall give to Borrower, without urge, as Muwai accounting of the Funds showing aw its and debits to the Funds and the putpome for WhM each debit to the Funds was made. 7U Fluids are pledged as additional =am* for flee mns secured by this Martgege. If tints amunt of the Fonds held by Lauder, together with the futm loamy kWA31mmis of Fun& payable prior to the due dates of taxes, assessments. instu'aaix premit?s and ground ants. dhall etweed the Amount required to pay said trues, assess, ins, p-hans and gtomd tears ea they fail doe. such excess shall be, at Borrower's option, either pro mpdy rapid. to Dorrowes or credited to Borrower on monthly installments of Funds. If the emoun of the Foods 1reMd y Isaiah shall not be sufficient to pay taxes, ass tv, insurance ptemitmts and grand rents as they AM due. Borwwer shall pay to Leader any amount necessary to matte the deficiency in one or more paympUs as l ender raw I"We- Upon payment in fig of-all sums secured by ibis Mortgage, Leader shall promptly nftmd to Borrower aQy Funds held by Leader. If under patagtapit 17 hereof ft)pM is bold or the Property is otherwise acquired by Ito ,Leader shall apply. m later than irmttodiddy poor to the We of the Property or its acgttlsition by I:and?, any Fonds held by Leader at the bate of application as a credit agaast the sums secured by this Mortgage. 3. •AppHeadon of Payments. Unless applicable law provides otherwise. all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by I?der first is payment of accounts payable to LWder by BormW under paragraph 2 bmw& then to inanest payable on the Note, and then•to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; lLiew. Borrower shall perfomn all of Borrower's obligations under my mortgage, deed of trust or othei security agteeezat with q lien which has priority over this Man e. including Bormmw's covenants to malm payments wba n due. BonwM shall pay or cause to be paid all taxes, amE8=mtr sad otbar charges, fines And !mpaddam attributable to fire Property which may attain a priority over this Mottgage, and leasehold payments or grow d rdtls. it any. 5. Mkzard lama== Borrower than loop the krfmcman9 now existing or bawdier cleaned on the Preperry ensured against loss by fhte. ]tarmods included waft iht tetm'eatended coverage,' sad such ether hazards-era I.etdac ntay tarNlte sad in such amounts and i? such periods as Lender may require. 'lbt ihuauatwe carrier providing the iusnraca;a shaA fie chosen by Borrower Object to approval by i eadec; provided. that such val shall oat be witkbeld. All hmma a polides and renewals thereof shall be in a acceptable to Iennktumn? iaelttda a standard mortgage clause in favor of and in a f0>mn ecoeptabk to Lender. Lauder shall leave the zigttt to bold the policies and renewals rhenoof. subiect w tbn terms of any mortgage, coed of trust or other aoaialty agreement with alien which loss priority over this Mortgage. In the watt of loss, Borrowar shall give prompt notice to the insurance carrier and Leader. Lender may mains proof of Iola if not made promptly by Borrower. 4ft-71"Al Io4o7i r,p.3 eta • ''t h'• uhf Farm 3838 MWA"M (OZOMO6t PQ Loan No. 67418 7768 BBC 1953PG02 12, If the Prooecty is abandoned by Borrower- or if Rormwer fails to regxmd tn Ttndw within qn dayr from the date notice is mailed by I4ndtat to Borrower that the Um mace carver offers to settle a claim for insurance benefits. Lender is authodud to collect and apply the insurance proceeds ar Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and M:lntmmoe of Propartyt L leholde; Cando , I d i u; Planned Udt Developments. Borrower shall beep the Property m good repair and shall not commit waste or permit impairment or deterioration of the Property and shah comply with the provisions of any lease if this Mortgage is on a leasehold. H this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the dedication or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the cothdomittitap or planned unit development, and constituent documents. 7. Protection of l endwIs Security. If Borrower fails to perfaaan the wvepani and agreements contained in this Mortgage, or if any action or proceeding ie commenced which materially affa?ts bender's interest in the Property. then Lender, at Leader's optim upon notice to Borrower. may make such appearances, disbase such sans, inobuliag traianable attorneys' fns, and tails such action ss Is necessary to pmteet Larder's interest. If Lender regtthed mutgase in6umce as a condition of matting the roan wetted by this Mortgage Borrower shall pay the premiums requkod to maintain such imurance in effect until such time as the requitement for suer insurance terminates in accordance with Borrower's and T=dec's written agmement or applicable law. Any amoams disbursal by-.Lender pursuant to this arse 7. with interest thereon at the Note rate, s1mll become additional indebtednem of Borrower se mi by this Mortgage. Unless I nrmwer and Lender agree to other [arms of saymatt, rush amnonte shall ho payshie umn "micr. fmm TpMpr to Borrower requesting paymexIttbereof. Nothing contained in this paragraph 7 shall require Leader to incur any expense or take any action hereunder. S. Inapedlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property provided that Leader shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's it ormt in the Property. 9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connecdon with 21Ty zoademration or other taking of the Properly, or part tliere4 or for conveyance in lieu of eondemmadorl, are hereby assigned and Shalt be paid to Lender, subject to the setdts of any . mortgage. deed of trust or other security agreement with a Ilan which hu priority over this Mortgage. 10. Borrower Not Rdeaaed; F*rbewmce By Leader Not a Waiver. Eatteasion of the time for payment or modificafti of amortization of the sUnLL4 secured by this Mortgage granted by Lender to any successor in interest of Borrower shall trot operate to release, in any manner, the liability of the original Borrower and Harrower's successors in interest. T epder shall not be required to commence groceedipgs against such successor or refuse to ezzend time for payment or otherwise modify? wino of the sums secured by this. Mortgage by reason of any demand made by ft ortghad =war and Borrower's fmtv.•aanrs in interest. Any forbcm= by Lander in exercising my right or remedy ' or otherwise afforded by applicable law, shall not be a waiver of or pfimhi& the exeWbe of any such right or remedy. at-751PA) M4071 Peps 4 alb ` ' i'> ?'• 3839 TWA2MU JOWUM)PG Loan Na. $741096-7766 SK t 953PG02 13, 11. Sucesssors and A-to Bowed; Joint and Sevend LiabWtx; CO-stpem. To eovauna and agrocmeuts herein contained shall bind, and the rights harmin der shall uwre to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hcrea£ All covenaacs and agrawncats of Borrower sbaR be joint and several. A" Borrower wbo ca signs this Mortgage. but does not exaarte the Note, (a) is co-signing this Mortgage only to mortgage, grant and Comm that Borrower's intanast in the Property to header trader the hems of this Mortgage, (b) is not personally liable on the Now or tender this Mortgage, and (e) agrees that I.?oder and say other Borrower Lereunrlcr may agree to micad, modify, forbear, or males any other accommadasiom with regard to the Wait of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's lnmrcat in the Properry. 1x. l+lotice. Exctpt for any notice r+aprirtd under applicable law to be jivexi in soother manner. (a) any notice to Borrower provided for in tthhiiss Morgno shall be Sivas by it or by nuilliag such notice by • eseuified mail addressed to Borrower at the Property Address or at stub Other address as Borrower may designate by notice to Leader as provided herein, and (b) any notice to icoder shall be given by certified mail to Ltrrder'S address stated =dad to such other address as Lender may designate by notice to Borrower as provided heroin. Any notice provided for k this Mortgage shall be deemed to have been given to Borrower or I ander when given in the mama designalad herein. 13. Governing law; Sevembility. The state and local laws apptioalde to this Mortgage shall be the laws of the jntisdieaon in which t#ta Property is located. The foregoing sentence shall not limit the appliability of federal-law to this Mortgage. In the event that any provision or clause of this Mortgage or the Not- oanflicts with applicable law, such coaMot shall not affect other provisions of this Mortgage or the Note which can be given effect without the uonilittinig provision, and to this and the pmvisiom of this 14od4age and the Note ass doolared to be 8evpc ble. As used herein, =costs,' 'ax mum' and 'attorneys' fees' include all sums to the extent not prohibited by applicable law or lirldted heroin. 14. Borrower's Copy. Borrower shall be fumislred a c6dorrued copy 'of the Note and of this Mortgage at the time of execution or after recordation hereof. 1S. Rehabilitation Loan AgmaaenL Borrower shall Milli A of Borrower's obligations ender any home rehabilitation, ru'npnovetnaa. repair, or other loan agreement whicb Borrower enters into with J..ender. Lauder. at Lender's option, may require Borrower to execute sad deliver to Raider. In a form acceptable to Leader, as asslgruneut of any rights, claims or defenses which Bosons' may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a ]tteuedt?el Lltttwtt In Borrower. If all or any part of or any interest in it is sold or transferred (or if a beneficial interest in Borrower iB sold or mshrred aid Borrower is not a natural person) without Leader's prior writom unseat, I adar may, at its option. ?option 3W not be reqWm edwe yment in fa of al sums secund by Us Mortgage. exercised dbb y Leader i?f eaieteise is prohibited by federal law a of the dilate of tWe Mortgage. If Landar exercises this apon, haslet slWll give Borrower notice of acceleration. The notice shall provide a period of trot less titan 30 days from the due the notice is delivered or mailed within which Borrower must pay all sums soci ned by this Mortgage. if Borrower fails to pay these sums prior to the expiration of this period, Lender nay invoko any remedies permitted by this Mortgage without fwher notice or dcma t on Borrower. 4k-781PA)1oaoi Fw s at a Form 9839 TOPAUMSMl")PC Loan No.6741eti&r 66 BK* 195 3 PG 0 2 -14 NUN-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 17• Accel don; Rana". Upon Bwrowees breach of any covenant or agreement of $ownrcr in this Mosrigttge, Including the covessats to pay wbm due any sawed occored by this Mortgage, Leader odor to ascaddratlno ]teals givr nnf4M in Pomaw r m prostdsd by opplU "kw •p ytna, among other thlop (1) the brut; (2) the sedan nquired to tats arch breach; p) a date, not kin than 30 days from top date the notice is maW to Bommero by which sack breach not be eurrd; cad (4) that Ware to ears such breach on or before the date speoMW in the notice may rest In acceleration of the sutras secured by this Mortgage, fororlosoe judidal p weeding, cad oak of the Property. The nodco shall further lalhmH Borrower of the right to reiaebtte alter aoalaad" and the w a?ae?errthe foreclosure the ation and d odftlt ic b? Is not cwW on or bdon any dother ate sp-ed? i°f Borrower a tree nudur, I.e=tew, wt a,Caet es uptton, ouq declass aU of 00 peas warren t!y TAIa Mortpge to ere immod%tdy due and pay" widiout further demg pproceeding. Lender doll be end ded to Wiled In such p sea ttg all this fry Indudiog, but not limited to, reasonable attorneys' fees, and casts offtaq evltkoce, sba r+acts and title reports. 18. Borrower's Right to IIelo ¦••. Notwiftasading Fender's acceleration of the sums Muted by this Mortgage due to Bormwc?& butch, Borrower shall have the right to have MW Pm cdinga begun by Lender to enforce this Mortgage discontinued at W d= prior to at least one hoar before the commencemeat of bidding at a aboWs We or other sale pucsaut to this Mor[gMc if. (a) Borrower pays Lender all sutras which world be then due under this Mortgage and-the Note had no woeieration oases; (b) Borrower mes all bra of soy other covenants or 8g[ s oC Borrower contained in this Mortgage: (e) Borrower pays al reasonable "mm taouxat by l en iu wSooipS tho coYenmis and agn==ts of Borrower contained In this Mortgages and in enforcing Leader's remddies as provided in paragraph 17 hereof, including, but not limited to, reasonable a ' fan; and (d) Borrower taus such action as Lender may reasonably require to assure that the lima a s Mortgage, f ander's Interest in the . Property and Borrower's obi' anon to pay the stubs sectaed by this Mortgage shall moth= unimpaired.. Upon such p?rmmt and can by,Eottower, this Mortgage ad the obligations semotier! hereby shall terrain in full force and effect as if no as;caleratian bad occuuod. 19. Aesigmamt of Rents; Appoit"esat of Receiver; Leaden' In Possession. As additional semuity het>rvundar, Borrower hereby 04gas to Lender the ran of the Property, provided 110 Barowcr shall, prior to acceleration under paragraph 17 hereof or abandoamdct of the Property, have the right to cam and retain each torts as they 6t came due and payable. Upon acceletsaion undo paragraph Whereof or abac doanomt of the Property, lend ex, in person, by aged or by jtulicially appoWW ttaim shall be entitled to enter upon, talon paw of ad age the Property and to collect the rents of the Properly including those past due. All r?s sefilmed by Lender or the rec viva shall be applied Brat to paynmat of the carts of mane gegleat of the Properly and collation of raw, lmhtling, but not limited to, receiver's foes. premiums on reeetva's bond told reaeonablo attm ys- fe a. mad then. to the gums secured by this Mortgage. Lander and the receiver shall be liable to account only for those rents actually tecetved. 20. Release. Upon paymmt of all sutra secured by this Mortgage, Ix.ndear shall discharge this Mortgage without charge w me ower. Borrower shall pay all costs of tecordatian, if nay. 21. Interest Rate Aitatt• Judgment. Borrower agnees that tine interest rate payable afw a judgmao is entered on the Note or in an action of mortgage fb=losene shall be the we stated is the Note. it L.. :mt4+c??? ?•79tPA1 toso?. •:?`+P6:',?e7it'4 - woe H es H 3M TaPA4 WMV04"PC Loan No. 041608.7MG Bit:! 9 5 3'PG 021.5. REQUEST FOR N017CEF OW MWAULT AND F'ORECLr )SM UNDRR StI>PMOR MORTGAGES OR DEEDS OF TRW Borrower acid I.erader request the holder of any mortgage, deed of feast or other mpurttbrance with a lien which has priority over this Mortgage to give Nodes to Un ter, a Leader's addreas sa ftuth on page one of this Mortgage, of any default under the superior cem mbranae and of any sate or other foreclosure action Bo=wer has executed thin Mortgage. ikW (Seal) -9 ? IZA - P, MACK T STR KA -Borrower (Sad) -Borrower _ (seal) .Bmxmver (Seal) (Sral) 9oROwer -BeEw per (Seg) -8onowcr (Seal) -Borrower 0181t Ofigind 0nty) RANI M STRAW -sor:oww at-76(PA) T9PA2ND7 fUZ04b7 PC Form 3839 Loan No. 6141OW77W OKI 9:5.3 PG-0 2 4.6 COMMONWEALTH OF PF1VDMVAN U4 boy4acri" t( CoUnJ7 a+. On this. the 31ST day of M#! :7,0$ . Wow me, the undersigned officar, personally appeased ?Or (14 T 4F Ei.n I.L. A' s*'tZL )mown to me (or satisfactorily person(s) whose name(s) islare aubsedbed to the within )ustm ent and acknowledged executed the same for the purposes herein contained. IN WrM Ss wHEREOF. I hermnto set my bard aad offiicial seal. My Commission Expires: law. Picfarial seal K8ndyLNMPWft ? C CW *%nd Cotrny ?oommmdon ?,aWy a? `-'jC?iA?V?I.A ?1 C d1?'S tuternbsr. Fbnnayhs<ia AoeCdOdOnQtaVaOorias flak of fFN= Cam ar llre?ta?t QXY1,R S ( .2•S , do hereby cetfify that rbewrrectaddx?ssafthawi Lender iskp CrVjqA,ga;, Q4?Ci M15 SLVOt?td S?- dar kmL ?G ?o'2rt 5o witness trey hand this aJ) ? ? ? - AAW of Ltndcr at•761PAI o+o7l Pogo 9 of a MWAMN (MUMM" PC I.« 1 `7 Form 3899 Loan Na 8741888.7758 W-19.5 3MG-2.17 Y SCHEDULE C LEGAL DESCMI TION Commitment Number. $100-444 File Number 31094" ALL THAT CERTAIN dot of ground situate In the Borough of Mt. Holly Springs. Cumberland County, Pennsylvania, bounded and described as follows: . ON the North by Butler Street, on the West by lot now or formerly of Mary Boyer and formerly of John Mullen, on the South by a 12 foot alley, on the East by tot now or formerly of Edward watts, formerly of Frank G. Paul. CONTAINING In the front on said Butler Street 40 and extending in depth 160 feet; it being lots B & 9 in Harman Plan of Plot of Batter Street, and-being Improved with a three story frame dwelling. I Certify this to be rccorded In C!uMbeffilad County PA Pecorder offs STEWART TITLE OVARANTT COKFAXV Washington Mutual PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 August 15, 2007 7100 4047 5100 4439 1738 000936 /PC STEPHANIE M STRAKA 107 W BUTLER ST MOUNT HOLLY SPRINGS PA 17065 0698221744 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 # 0698221744 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 HOM This Noti To see if 30 DAYS The name the default is provided in the attached pages. EOWNER'S MORTGAGE ASSISTANCE PROGRAM RAM (HE ce explains how the program works HEMAP can helpyou must MEET WITH A CONSUMER C OF THE DATE OF THIS NOTICE Take this Notice with address and phone number of Consumer Credit Counselin MAP) may be able to help to save your home. REDIT COUNSELING AGENCY WITHIN you when yQu meet with the Counseling Agency g Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finan ce Agency toll free at 1-800-342-2397 (Persons with impaired hearing c an call 1717) 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 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 HOMEOWNER'S NAME(S): Stephanie M. Straka PROPERTY ADDRESS: 107 W. Butler St. Mt Holly Springs PA 17065 LOAN ACCT. NUMBER: 0698221744 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 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. Themes 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 riled bankruptcy, you can still apply for Emergency Mortgage Assistance.) 16. 000936/SP999 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE D .FAT .T - The MORTGAGE debt held by the above lender on your property located at: 107 W. Butler St. Mt Holly Springs PA 17065 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: 0 610 1 /20 07 $970.45 07/01/2007 $970.45 08101/2007 $970.45 Other charges (explain/itemize): Uncollected Late Charges $0.00 Uncollected Fees: $0.00 Corporate advances $0.00 Less Credits $247.50 TOTAL AMOUNT PAST DUE: $2663.85 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 $2663.85, 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 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 pro rty. *IF THE MORT A -E Is FORM, OCED 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 01 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour the lender and by performing any other req uir m nt• under h 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 POSSIB .. SHERIFF'S SALE 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 Sheriff's 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 1(, 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 Washington Mutual PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 August 15, 2007 #BWNCLNN# #0906989221974495# 000933 /PC PATRICK T STRAKA 107 W BUTLER ST MOUNT HOLLY SPRINGS PA 17065 0698221744 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 # 0698221744 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 nagcL The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ( FPM P)may be able to help to save your home This Notice explains how the program works To see if HEM AP an help , you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meat with the Counseling Av._.. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed a the end of this Noticr Tf 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 find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST 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 14 HOMEOWNER'S NAME(S): Patrick T. Straka PROPERTY ADDRESS: 107 W. Butler St. Mt Holly Springs PA 17065 LOAN ACCT. NUMBER: 0698221744 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 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 P TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE 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 name-%. 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 filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) y v 000933/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: 107 W. Butler St. Mt Holly Springs PA 17065 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: 06/01/2007 $970.45 07/01/2007 $970.45 08/01/2007 $970.45 Other charges (explain/itemize): Uncollected Late Charges $0.00 Uncollected Fees: $0.00 Corporate advances $0.00 Less Credits $247.50 TOTAL AMOUNT PAST DUE: $2663.85 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 $2663.85, 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 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 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 0 4 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALF. - 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 paving the total amount then oast due plus any late or other charge then due reasonable attorney's fees and cot connected with h foreclosure ale and any other costs connected with the Sheriffs Sale as specified in writing-hy 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 SHERIFFS 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: 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 SAL.: - 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 Deutsche bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006- 7 v. Kenneth H. Smith VERIFICATION The undersigned is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff. The undersigned hereby verifies that the facts set forth in the foregoing Complaint are taken from records held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: I I - P? --c ft Loan: 0698371556 Deutsche 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 Name: Peter Read Title: Assistant Vice P,r,-'-' Company: 07-30610 s 94 - SHAPIRO & KREISMAN, LLC BY: CHRISTOPHER A. DENARDO ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF vs. Patrick T. Straka and Stephanie M. Straka DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-6811 CV PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & KREISMAN, LLC BY: Christopher A. DeNardo Attorney for Plaintiff -it C"ll Q max: 3 w SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06811 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STRAKA PATRICK T 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 STRAKA PATRICK T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 107 WEST BUTLER STREET STRAKA PATRICK T NOT FOUND , as to MT HOLLY SPRINGS, PA 17065 107 W BUTLER STREET IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So ans rs ,--2 Docketing 18.00 Service 6.72-! Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County p1 .00 39.72 SHAPIRO & KREISMAN 12/04/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06811 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STRAKA PATRICK T 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 STRAKA STEPHANIE M but was unable to locate Her in his bailiwick. He therefore returns the nrlNinT T TATT T/fnnm vnnlm NOT FOUND , as to the within named DEFENDANT , STRAKA STEPHANIE M 107 WEST BUTLER STREET MT HOLLY SPRINGS, PA 17065 107 W BUTLER STREET IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge xr 6.00 .00 5.00 10.00 .00 21.00 So answers:--- R. Thomas Kline Sheriff of Cumberland County SHAPIRO & KREISMAN 12/04/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06811 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STRAKA PATRICK T 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 OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , OCCUPANT 107 WEST BUTLER STREET MT HOLLY SPRINGS, PA 17065 107 W BUTLER STREET IS VACANT. Sheriff's Costs: So answers ,-. Docketing 6.00 , Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County / `p? . 0 0 21.00 Sworn and Subscribed to before me this day of SHAPIRO & KREISMAN 12/04/2007 A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06811 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STRAKA PATRICK T 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 STRAKA STEPHANIE M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , STRAKA STEPHANIE M 19 SPRING GARDEN EST CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge %a Z;jo So answers: , 6 . 00 4.80 5.00 R. Thomas Klink 10.00 Sheriff of Cumberland County 00 25.80 SHAPIRO & KREISMAN 01/18/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06811 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STRAKA PATRICK T ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT STRAKA PATRICK T but was unable to locate Him deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 18th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer---=-? Docketing 6.00 Out of County 9.00 Surcharge 10.00 Thomas ne Dep York County 40.72 Sheriff of umberland County Postage 1.99 67.71 01/18/2008 SHAPIRO & KREISMAN Sworn and subscribe to before me this day of A. D. COUNTY OF YORK OFFICE OF THE SHERIFF SER)IC ` 96 1L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PLEASE T M OWY' LA 1 TtM 22 PROCESS RECEIPT and AFFIDAVIT OF RETURN OQ "GT MTMM AM i 1 PLAINTIFF/S/ Deutsche Bank National Trust Ccmpany 3 DEFENDANT/S/ Patrick T. Straka et al 2 COURT NUMBER 07-6811 Civil ?p ??rY 4. TYPE OF WRIT OR COMPLAINTN 0 T I C E,^ O 16 A Notice & Complaint C I M F SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Patrick T. Straka 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO. TWP, STATE AND ZIP CODE) AT 101 Tuckahoe Road Dillsbura, PA 170190 VE P 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE V DEPUTIZE U CERT. MAIL U 1 ST CLASS MAIL U POSTED U OTHER NOW December 27 20 07 I, SHERIFF O NTY, PA, do hereby deputize the sheriff of York COUNTY to execute this eturn th?ing to law. This deputization being made at the request and risk of the plaintiff., 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF COUNTY Cumberland ADV FEE PAID BY ATTY Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE C H R I S T 0 P E R D 40. t10NE NUMBER 11. DATE FILED 3600 HORIZON DR., SUITE 150, KING OF PRUSSIA, PA 19406 610-278-6800 112-19-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE OMOW FOR USE OF THE SMWF - 00 NOT WRRE M:LOW TMS LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpiratioNliearing Date or complaint as indicated above. M J M C G I L L Y C S O 12-28-'e 0 0 7 11-18-2008 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS ate T m Miles Int. l Date i Time Miles Int. Date Time Miles Int 1 Date f Time j Miles Int. Dale Time Miles Int. Date Time Miles Int. I % v ?2 I I I I I I I I I I I I I I 22. RE'k----, r-- LIVI-'I) I)EHE FOR TWO YRS AND STATED DEFENDANT MOVED OUT APPROX. 4 YRS AGO. TALKED TO LANDLORD OF 1.01 WHO LIVE AT 107, THEY S -TATED HE CAJ.,l41: 2 WEEKS AGC, STATED HE IS LIVING IN MT. HOLLY WXXX PHONE NBR OF 877-2584 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Td. Costs 33 Cats Due or eland heck No. $100.00 CA 7011 Q =C'O d= U. Foreign County Costs 35. Advance Costs 36 Service costs 37 Notary Cert. 38. M#eage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRM SO ANSWERS n 3 44. Signature of 45. DATE 42, day T • 2 T K1 dr- ?. ?? li ? /N TAR # LISA L. PG;Wv1AN, P=OTAR PUBLI8 46. SuntySheriff 47 DATE County Stxnrt I CITY OF YORK, YORK COUNTY _ MYCOILMISSIONEXPIRES AUG. 12,2009 RICHARD P. KEUERLEBER SH RI F 1-14-2008 48. Signature of Foreign 49 DATE Countv Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2007-06811 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STRAKA PATRICK T ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STRAKA PATRICK T the DEFENDANT , at 1825:00 HOURS, on the 28th day of December-, 2007 at 43 TRINE AVENUE MT HOLLY SPRINGS, PA 17065 STEPHANIE STRAKA, WIFE by handing to 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 / 1/d 5/0 ? Sworn and Subscibed to before me this of So Answers: 18.00 5.76 . 00 10.00 R. T omas Kline .00 33.76 01/18/2008 SHAPIRO & KREISMAN By. w /,? day D puty r:?i f A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06811 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STRAKA PATRICK T ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STRAKA STEPHANIE M the DEFENDANT at 1825:00 HOURS, on the 28th day of December 2007 at 34 TRINE AVENUE MT HOLLY SPRINGS, PA 17065 by handing to STEPHANIE STRAKA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT DOES NOT LIVE AT 466 MOUNTAIN ROAD BOILING SPRINGS, PA Sheriff's Costs: Docketing 6.00 Service 5.76 Affidavit .00 Surcharge 10.00 i /l?y/ D .00 21.76 Sworn and Subscibed to before me this day of So Answers: R. Thbmas Kline 01/18/2008 SHAPIRO & KREISMAN By: uty Saki f f A. D. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-6811 CV PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $121,147.00 in favor of the Plaintiff and against the defendants, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 8.05% from May 1, 2007 to February 22, 2008 (298 days a@ $23.96 per diem) Late charges (for certain months prior to default and every month after at a rate of $48.45 per month) Escrow Advance Suspense/Unapplied Balance Title Search Report Fees Attorneys Fees TOTAL AMOUNT DUE $108,643.33 $7,140.08 $96.90 $215.74 ($199.05) $250.00 95,000.00 I l A 47.00 Lauren R. Tabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $121,147.00. 07-30609 ,f ) . Prothy. SHAPIRO & KREISMAN, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQ. LAUREN R. TABAS, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 81747, 93337 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: Patrick T. Straka and Stephanie M. Straka DEFENDANT(S) STATE OF: M COUNTY OF:? AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 by Washington Mutual Bank, as successor-in-interest to Long Beach Mortgage Company, its me in-fact By. NAME: Peter Read TITLE: Ass- 0rit ?? ?£ F" .... Sworn to and subscribed before me this q day of O V , 2007. Notary Public 07-30609 Matthew Allan Banaszewskl NOTARY PUBLIC • MINNESOTA ills MY COMMISSION EXPIRES JAN. 31, 2011 SHAPIRO & KREISMAN, LLC BY: CHRISTOPHER A. DENARDO ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-6811 CV CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, February 11, 2008 to the following Defendants: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 . We&" f-0- Kevin Dwyer, Legal Assistant to Christopher A. DeNardo for Shapiro & Kreisman, LLC SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF vs. Patrick T. Straka and Stephanie M. Straka DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-6811 CV CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following persons or their attorney of record: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Date .2LZJLOJ & KREISMAN, LLC Lauren R. Tabas, Esq Attorney for Plaintiff 07-30609 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-6811 CV CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 11200 West Parkland Drive Milwaukee, WI 53224 and that the last known address of the judgment debtor (Defendants) is: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 KREISMAN, LLC BY: wren R. Tabas, Esquire Attorney for Plaintiff 07-30609 SHAPIRO & KREISMAN, LLC BY: CHRISTOPHER A. DENARDO ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-6811 CV NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Patrick T. Straka DATE OF NOTICE: February 11, 2008 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Christopher A. DeNardo Shapiro & Kreisman, LLC Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: CHRISTOPHER A. DENARDO ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-6811 CV VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Stephanie M. Straka DATE OF NOTICE: February 11, 2008 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dial de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o Name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Christopher A. DeNardo Shapiro & Kreisman, LLC Attorney for Plaintiff ? ?? G r _._ ' ? M Q © ? ? r'I3 _?'1 y . r ? ? ? ? ? ? ? ?? ? -, ?? w v , ?r ?? 3 a ? ? ? w l--t .1 :.. ?} "'K. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF I vs. Patrick T. Straka and Stephanie M. Straka ; DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-6811 CV NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Lo Prothon ary [XX] Judgment by Default 021a510$ [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Cap,.. L1: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. () Confessed Judgment () Other File No. _67 ?a81! Amount Due $121,147.00 Interest February 23, 2008 to June 11, 2008 is $2,939.20 Atty's Comm Costs Patrick T. Straka and Stephanie M. Straka DEFENDANTS TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, c account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding file pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upo the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) defendant(s) described in the attached exhibit. Date: Signatt Print N Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 93337 ? n. ? W .o r v o r p G? -moo a Cn -6a LAb Q?LC7 -? U1 W -Wa{? p0 pOa6?`O?00 C) rya C1"t 1GJ 19 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-6811 CV AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 107 West Butler Street, Mount Holly Springs, PA 17065. 1. Name and address of Owners Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 2. Name and address of Defendants in the judgment: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 =7 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 11200 West Parkland Drive Milwaukee, WI 53224 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 Long Beach Mortgage Company 1400 S. Douglass Road, ste 100 Anaheim, CA 92806 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 107 West Butler Street Mount Holly Springs, PA 17065 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. & KREISMAN, LLC Lauren R. Tabas, Esquire 07-30609 > ?1 ' ' C:J:7 ??t T t7 `Q s- T•rrt SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CUMBERLAND COUNTY 2006-6 PLAINTIFF NO: 07-6811 CV vs. Patrick T. Straka and Stephanie M. Straka DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Your house (real estate) at: 107 West Butler Street, Mount Holly Springs, PA 17065 23-32-2336-174 is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00a.m, to enforce the court judgment of $121,147.00 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-30609 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CUMBERLAND COUNTY 2006-6 ; PLAINTIFF NO: 07-6811 CV VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Your house (real estate) at: 107 West Butler Street, Mount Holly Springs, PA 17065 23-32-2336-174 is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00a.m, to enforce the court judgment of $121,147.00 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-30609 1 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-6811 CV VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Your house (real estate) at: 107 West Butler Street, Mount Holly Springs, PA 17065 23-32-2336-174 is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00a.m, to enforce the court judgment of $121,147.00 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-30609 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6811 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 TRUST 2006-6, Plaintiff (s) From PATRICK T. STRAKA and STEPHANIE M. STRAKA (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 $121,147.00 L.L.$ 0.50 Interest 2/23/08 to 6/11/08 is - $2,939.20 Atty's Comm % Due Prothy $2.00 Atty Paid $359.75 Other Costs Plaintiff Paid Date: 2/25/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: SHAPAIRO & KREISMAN, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 s ? SHAPIRO & DENARDO, LLC BY: CHRISTOPHER A. DENARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. Patrick T. Straka and Stephanie M. Straka DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-6811 CV CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Denise Semetti, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on March 18, 2008, the originals of which are attached and that each of said persons appears on Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DENARDO, LLC BY: Denise Semetti Legal Assistant 07-30609 . , r --4 Oo ?1 O) Vt A W N PI V] W V] Z C, r o o? 3 ° - m O 0 bU w " O O a a o W c D N Q o N N 9 y " r0 3 -h (D N CD n C c a 33 Q C D d C y O ? (CD? o N (D (n O 9~ l l l ~ /'r \ 1 ~ O n N 3 F? O ~ + n 00000 m f?D Cn o O a r 0 smock) c x D O O o m CD 0 b ~ Ox d ID o 14 ?$ 3 +. > . ' m n qq to G n UD 1 O m ?f N o ?? O pC O C3 tt t'j 00 CD 11 y cn tz? ?, N D UQ W e? 0 ( O p co a d b ? CD 0000 3 0 a '"r - ?r O m mxxm (n ((D (D o W (? CD ?' J ~ :3 E 8 C 3 (p a c? O () _0 (D m CD aa C7 n v 3 o o (CD ?i3 m ? o u) w n o :3 D) (p (D N N o D d O p' N aq y -n (D (D 3 N X fD T O a7 2N A 3 3 CD O of _ QH r; g9 n m = - n.= (D a m J n CO) ?m ( (D `e V D c ? (D < D S' •M m aN M ? On m k1 UIVIA d N ZIP ti n p O co m (D io a 7 "S P [ A a ly p v m O a 169 O C 0 0 m v ? m N D elivery Confirm tion f m (0 o o N -n 0 Signat re Con Irmati n m Specia l Handl ng Res tricted elive m o Return Receip t m M 0 W ao V V T (D Cr C m N O N (Q W O n 0 W N 3 0 d r..•a ° " h '' 1 Deutsche Bank National Trust Company, In the Court of Common Pleas of as Trustee for Long Beach Mortgage Loan Cumberland County, Pennsylvania Trust 2006-6 Writ No. 2007-6811 Civil Term vs Patrick T. Straka and Stephanie M. Straka Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2008 at 1445 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Patrick T. Straka and Stephanie M. Straka by making known unto Patrick T. Straka and Stephanie M. Straka personally, at 34 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1002 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Patrick T. Straka and Stephanie M. Straka located at 34 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Patrick T. Straka and Stephanie M. Straka by regular mail to their last known address of 34 Trine Avenue, Mt. Holly Springs, PA 17065. This letter was mailed under the date of April 01, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren Tabas. Sheriffs Costs: Docketing 30.00 Poundage 15.73 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 13.44 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 355.00 Patriot News 295.67 Share of Bills 14.73 u/? $822.07 So ?J R. Thomas Kline, Sheriff BY Real Estate rgeant 7J M1 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar ## 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 PLAINTIFF VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-6811 CV AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 107 West Butler Street, Mount Holly Springs, PA 17065. 1. Name and address of Owners Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 2. Name and address of Defendants in the judgment: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 1( 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 11200 West Parkland Drive Milwaukee, WI 53224 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 Long Beach Mortgage Company 1400 S. Douglass Road, ste 100 Anaheim, CA 92806 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 107 West Butler Street Mount Holly Springs, PA 17065 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. B 07-30609 Lauren R. Tabas, Esquire SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CUMBERLAND COUNTY 2006-6 PLAINTIFF NO: 07-6811 CV vs. ; Patrick T. Straka and Stephanie M. Straka DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patrick T. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Your house (real estate) at: 107 West Butler Street, Mount Holly Springs, PA 17065 23-32-2336-174 is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00a.m, to enforce the court judgment of $121,147.00 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-30609 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30609 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CUMBERLAND COUNTY 2006-6 ; PLAINTIFF NO: 07-6811 CV vs. ; Patrick T. Straka and Stephanie M. Straka DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs, PA 17065 Your house (real estate) at: 107 West Butler Street, Mount Holly Springs, PA 17065 23-32-2336-174 is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00a.m, to enforce the court judgment of $121,147.00 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-30609 All that certain lot of ground situate in the Borough of Mt. Holly Springs, Cumberland County and Commonwealth of Pennsylvania, bounded and described as follows: On the north by Butler Street, on the west by lot now or formerly of Mary Boyer and formerly of John Mullen, on the south by a 12 foot alley, on the east by lot now or formerly of Edward Watts, formerly of Frank G. Paul. Containing in the front on said Butler Street 40 and extending in depth 160 feet, it being lots 8 and 9 in Harman Plan of Plot of Butler Street, and being improved with a three story frame dwelling. Being the same premises which Kreg A. Kimmel and Jennifer D. Kimmel, husband and wife, by Deed dated May 31, 2006 and recorded in the Cumberland County Recorder of Deeds Office on June 2, 2006 in Deed Book 274, page 4368, granted and conveyed unto Patrick T. Straka and Stephanie M. Straka, husband and wife. I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6811 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 TRUST 2006-6, Plaintiff (s) From PATRICK T. STRAKA and STEPHANIE M. STRAKA (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 $121,147.00 L.L.$ 0.50 Interest 2/23/08 to 6/11/08 is - $2,939.20 Atty's Comm % Due Prothy $2.00 Atty Paid $359.75 Other Costs Plaintiff Paid Date: 2/25/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: SHAPAIRO & KREISMAN, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 Real Estate Sale # 54 On March 6, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Mt. Holly Springs, Cumberland County, PA Known and numbered as 107 West Butler Street, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2008 By: Real Estat;xergeant St =01 `d L Z 833 8001 a kw, `1I dd hi1u c;?? .?3183HS 3H1? A 331A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. l r ?sa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 XIUkL NWAIX aALE 90. 54 Writ No. 2007-6811 Civil Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-6 VS. Patrick T. Straka and Stephanie M. Straka Atty.: Lauren Tabas All that certain lot of ground situate in the Borough of Mt. Holly Springs, Cumberland County and Commonwealth of Pennsylvania, bounded and described as follows: On the north by Butler Street, on the west by lot now or formerly of Mary Boyer and formerly of John Mullen, on the south by a 12 foot al- ley, on the east by lot now or formerly of Edward Watts, formerly of Frank G. Paul. Containing in the front on said Butler Street 40 and extending in depth 160 bet, it being lots 8 and 9 in Harman Plan of Plot of Butler Street, and being improved with a three story frame dwelling. Being the same premises which Kreg A. Kimmel and Jennifer D. Kimmel, husband and wife, by Deed dated May 31, 2006 and recorded in the Cumberland County Recorder of Deeds Office on June 2, 2006 in Deed Book 274, page 4368, granted and conveyed unto Patrick T. Straka and Stephanie M. Straka, husband and wife. A The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 2hePatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to a d s bscribed before me this 27 y of May, 2008 A.D. Notary Public COMMONWEALTH PENNSYLVANIA 'al Seal Chyle L. ard, Notary Public Sheep City of Harrisburg, uPMayhin29County Commiss 2010 My i on May Member, Pennsylvania Association o` Notaries 11110611 R0111011s Sob 054 Writ No. 2W?-W 1 C•HN T9rm Dart>>ache Bank National Trust Company, as Trustee for Long Beech Mortgage Loan Trust 200" VS PatrickT. Straka and Stephanie M. Straka Attorney: Lauren Tabas DESCRIPTION All that certain lot of ground situate in the Borough of Mt. Holly Springs, Cumberland County and Commonwealth of Pennsylvania,' bounded and described as follows: On the north by Butler Street, on the west by lot now or formerly of Mary Boyer and formerly of John Mullen, on the south by a 12 foot alley, on the east by lot now or formerly of Edward Watts, formerly of Frank G. Paul. Containing in the front on said Butler Street 40 and atending in depth 160 feet, it being lots 8 and 9 in Harman Plan of Plot of Butler Street, and being mVfoved with a three story frame dwelling. Being the same premises which Greg A. Kimmel and Jennifer D. Kimmel, husband and wife, by Deed dated May 31,1006 and recorded in the Cumberland County Recorder of Deeds Office on June 2, 2006 in Deed Book 274, page 4368, granted and conveyed unto Patrick T. Straka and Stephanie M. Straka, husband and wife. SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D.NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D.NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 07-30609 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2006-6 CUMBERLAND COUNTY PLAINTIFF NO: 07-6811 CV VS. Patrick T. Straka and Stephanie M. Straka r`' cam) DEFENDANTS T7 .�. (4) r, PRAECIPE TO VACATE JUDGMENT t,; _ TO THE PROTHONOTARY: °o Kindly mark the Judgment entered on February 25, 2008 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DeNARDO, LLC Date: P(7,0/6 BY: Attorneys for Plaintiff /0" 4 /m/3f) a.47S91 SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D.NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 07-30609 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2006-6 CUMBERLAND COUNTY PLAINTIFF NO: 07-6811 CV VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Vacate Mortgage Foreclosure Judgment on 10(z6/73 to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Patrick T. Straka 43 Trine Avenue Mt.Holly Springs,PA 17065 Stephanie M. Straka 43 Trine Avenue Mt. Holly Springs,PA 17065 SHAPIRO & DeNARDO, LLC Date: /0/Ze//- BY: Attorneys for Plaintiff R SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D.NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D.NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 07-30609 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2006-6 CUMBERLAND COUNTY c:.'. PLAINTIFF -, NO: 07-6811 CV Pi c)V . -- 6 o Patrick T. Straka and Stephanie M. Straka r;- DEFENDANTS ± c PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC Date: n I ze7/3 BY: Attorneys for Plaintiff 1. SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER AL. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY LD.NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY LD. NO. 310530 AMY GLASS,ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 07-30609 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2006-6 CUMBERLAND COUNTY PLAINTIFF NO: 07-6811 CV VS. Patrick T. Straka and Stephanie M. Straka DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on `a fZ //3 to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail,postage prepaid: Patrick T. Straka 43 Trine Avenue Mt.Holly Springs, PA 17065 Stephanie M. Straka 43 Trine Avenue Mt.Holly Springs,PA 17065 SHAPIRO & DeNARDO, LLC /O/ZS//3 Date: BY: Attorneys for Plaintiff