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HomeMy WebLinkAbout09-0017b SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. N0.78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. N0.81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. N0.202929 ILANA ZION, ESQ., ATTORNEY I.D. N0.87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE N0.08-034327 Deutsche Bank National Trust Co., as Trustee for Long Beach Mortgage Loan Trust 2006- 10 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Gloria Popp 63 West Main Street Newville, PA 17241 Howazd W. Foultz 63 West Main Street Newville, PA 17241 DEFENDANT(S) COMPLAINT - CIVII. ACTION MORTGAGE FORECLOSURE ...O~~CE YOU HAVE BEEN SUED IN COURT. IF YOU, WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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. 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. NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. LISTED 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 LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR LISTED. 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 PARR 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 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIltE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. N0.202929 ILANA ZION, ESQ., ATTORNEY I.D. N0.87137 3600 HORIZON DRIVE, SUITE 150 0 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE N0.08-034327 Deutsche Bank National Trust Co., as Trustee ; COURT OF COMMON PLEAS for Long Beach Mortgage Loan Trust 2006- CUMBERLAND COUNTY 10 PLAINTIFF NO: ~ 9 _ I 1 vs. Gloria Popp 63 West Main Street Newville, PA 17241 Howard W. Foultz 63 West Main Street Newville, PA 17241 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Co., as Trustee for Long Beach Mortgage Loan Trust 2006-10, 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 MortQa~e: Mortgagee: Washington Mutual Bank Mort ag or(s): Gloria Popp and Howard W. Foultz (b) Date of Mortgage: September 21, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1974 Page 5021 Date: December 4, 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. (d) Assi mks: Assignor: JPMorgan Chase Bank, National Association Assignee: Deutsche Bank National Trust Co., as Trustee for Long Beach Mortgage Loan Trust 2006-10 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 63-65 West Main Street, Newville, Pa 17241 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Gloria Popp, 63 West Main Street, Newville, PA 17241; Howard W. Foultz, 63 West Main Street, Newville, PA 17241 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. 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 March 1, 2008 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. 8. The following amounts are due as of December 31, 2008: Principal of Mortgage debt due and unpaid Interest currently due and owing at 7.875% per annum calculated from February 1, 2008 at $24.07 each day Late Charge of $49.10 per month assessed on the 16th of each month from March 16, 2008 to December 16, 2008, (10 Months) Escrow Advances made by Plaintiff NSF Check Fee Property Inspection Title Search/Report Fees Attorneys' Fees and Costs TOTAL $111,561.83 $8,063.45 $491.00 $799.92 $25.00 $44.50 $250.00 $5,000.00 $126,235.70 9. Interest accrues at a per diem rate of 24.07 each day after December 31, 2008, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff s sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et ~., 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 "C". WHEREFORE, Plaintiffrespectfullyreguests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: ~ SHAPIRO & DENARDO, LLC L Attorneys for Plaintiff S & D File No. 08-034327 b~ .' ~1 . .. ~y~~z~ 341 N. 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'aer~.w 1rIM}r11gMON ~ ew ~eoh-w M~+~ „s.w~, ,~ aria osei s.+~~sn,~,M~,r„y ~'~`~~ .eel~rtrrida~ •Maww~lWSL ~ Ir ~r ~i~fM~ ~a11a j ~ ~~~ 4~ ~.. ~~ tiMM4 /Andy lA7 ~ 1974F65036 ~. .r • . • • Un~ed t3sner~ Tide tnstuanoe Gonlpe-nY Corarnipiant Number. pt~t06-00503 5tG1t~tJi.E C . PROPERTY OliitjCl~IQN the la-ui rokttred b in this Oommltmerri 1s desreibed as idktws: ALL pRt oerWG'1 piece, perwf or lot at Ihrtd MflNr the N»proveMeMa ~eneon areded sigmta in the N;~k~ tNnttJ of tite,eorougrt or derwllb, Oatarty of Cu~r~ttend end Ce~nmor-wo~Nh of Penmtrhmmrtirt, moro ~1 botn~ded . 'and dewed as tcdowrs~ tawh: eptll~pEO•o>, the Sotdrr 4Y West Main t3 bounded an tltia West by lot new or ton~ry of tlw Estate of i;. W. e -tow cxlotnrody o F-ed~~ik~ ~°r' ~d bounded on the Eft by tat iorrna-ty of Asro~t !;1110 lot oo-datns ThiAy~lne ~ teat in f rout on Main Sheet end is one Hundred r`t~txy (t tfoy feet in depth to said Apetr in the rear, btr the same more e- less, 6Eit~ inrprovOd w11h a !Mro lout oae~fia>sslory frarrra and hffG~ dwetNnq house known as and nurahgred t33 end 6'S Wesl MAd1 tDbeat. 9EING iha eetne premises whlm+ terey C, Cohidc. Administrator d the Estate of dens F. Cchidc. late, by deed dai4d Mayo, tS7d and recorded Msy 7, t87t3 Wt Cun~arl0nd Ceunllr M Qalod (~oo7c D?S. Page 287. araraed and oonueyrei sofa Fwd A. GoNee aad Mary 1.Oondol-, huabtlnd end wl~e, and Nara ~. 8~e~. The Bald Nora E. So~ertdred an Deeewiber Ir ale thla IrM Redd A Gordon end M6Nyy (.. Gorden. tad W sot pn hattrahaM at C106b, tflt:rety ve9tin~ KNOWN as Tic Parcel No, 27-2Q•1754G40 i Certify this to tie recorded • _ !n Cumberland County!PA ;;.F~ ~. :~ ,.. ~.~ ' _.... ke4urder of Deeds s~n•ow.c t eK i 9~~~csa3~ ~.~ • o • '~NIOJIII September 21. 2006 State tollt>ge Pennsylvante , 63 Hest Main Street. Mewville, PA 17241 ao stta rYepr7 A/Nen 1. CORROWER'S PROM1IISE TO PAY l m remc^br a ben 1>mtf h^va rceehed, i promise to pay U.s. i 26, 000.00 (ma etaoa^t ~ be called "pcioc4.1"), phti huetee; ro the order otiLe Lander. The Lerner & HasMft9Mn Mutual Bank . .1 uadetwad that We lsoder atey tnoskr thin Notc. The Leoderor aoyom who likes Ws Note by transfer aed wLo 's entitled to [mite paymenu nrder thin Nae will be alkd the "Note Holder." 2 ~Y18RE8T ... 1 vvia pay iumrestat a yearly nteof 11.250 9i. lamaeattval be ehargedon uopaidprbcipalvnta the fu0 amauntof principal has bean paid. 3.PAYMBNTS 1wtVlnrpriacipalamd'mtetesthym^hiogpaytneau¢^chrawthofo.s.s 252.53 i wu make vry peymeataoo rte First day of eseb moaW hegia^fog oa November 1st 2006 . I wiU auto thus pay~^ttevery ooath ^attl [hare paid ad of the ptiocipl and iolerestaad any othercW[6e; descrWed bebw, that 1 m.y owe nndsr Wit Note. IS on Ot:tober 1. 2036 , 1 Rdl awe aamnata under this Note, ! wal y all thoa amouatr, i full, on that dam. lwmtwkeatymoomyp^ymeatcnwashirgton Mutual Bank, P.O.BOx 3139, Milwaukee, wI 53201-3139 _ or at a diHercm pbce if tegnired by the Note Holder. l 90RROYYFRS FAILURE 1'O PAY AS SEfZIRR® W LIe ~a*R kr Orvdua Ptt)mmte ~ If the Nom Holderltn ant rccefisdtbe eta antooatof tuty of my monthp' pymemahy the end of Fi fttten i ukndar days aRer the darn k B dta; f wig pry a Mte cbarg to the Note Holder. The amount o[ the tdlttaya wiU be 5 R of my oterdns payamw, ben am ha^ than US. S 12.63 sad [tot more then US. f 12.63 .I w~ py Win Lte c6athe only note o^ nay late paymem. Iel AeLuk If I do not pay the fun amountofeaeh amoth~ paytneatby the d.munmdio Section 3 above, I will be io debuh. 8vea if, at a time when [ ^m in deGdl, the Nola Holder does not ragelrc tae to pay inmtediat¢ty in fuU as deacr3ed bebw, the Nme Holder wal aNg have the right ro dD ao ifi am is de6ult u • lamr time. (C1 Notke Aom Note Hotdv If I am in de8ult, the Note Holdernuy rend ax a written entice mumg mo that it 1 do not pay the overdue amount br a Certaindale~haNotaHolderarayregniretoetopayimmad'utelythefitlleaurrmo[ptiocipUw4icthunotbeeapaida~alithe intercat that I owe oo Watemoum.'Ibat darn mast be et k^at 30 days alter the date oa tvbieh the notice is marled to me or, if it u ¢ot maned, 30 days agar th¢ date oa w4kh h L deliered so me. (D) Payment of Hole Sdder'c Cate ^ed Erpmsts If the Note Holderhaa rcquhedate to pay immed:mly is fun as deacnbedabove, the Note Holderwill have the right m he paid beet [ot all of iu costs and expeaaes m the gteent not prohbhed by appliubk law. Tbosc capetues iacWde, for enmpk, reasonable attorneys' fees S TIDS NOTE SECURED 8Y A MORTGAGE [n addition to the proteetiona gitea to the No[e Holder unde[ tb's Note, a Mortgage, dated September 21, 2006 , promcu the Nom Holder from posstbh lasses which aright tssuit if I do not keep the promisee whkh i make in this Note. Thal Mortgage dessrbeshow and under what co¢ddioty i may be tequued to make immediate payment in full oho emouau tbst I owe wader this Note. PENNSYLVANIA SECOND MDR1aAGE NOTE .w •. ~ ataoeco ~oeon r...,..~,...~s.~.~. ~. 0729509117 ' I ~~''J ~ ~ , ti /f ' ' G B06ROW6RSPR1aAY • I bate the tit ro make paymsata of Prioelpal at say !tore beftae shay ate doe. A prepayment o[ al! of the repaid ptueipnl 'ts koawn u a "!~tl PrspttygaW." A prepytreat of Qtly part of We orpud paieipal 'ta Im¢wa as a "Partial .I Prapaymeat.+ F.roeptuprorfdedbabrr,ImayarNotiaFrlapartY(Ptepart+ayt(ma. Aay Penial ' Prcpaytaeatof prmcipalsba9 ba eppliedro iamrestaecrwdon the amoaat prcpaNaod theato We priaipalbaLOreof the Nate which sfuB not rcdttce the amount of mtsathly mauCmersot prtrdpalaod iotamat tort telkte me of the obgpt)oa to nuke ebe iosuUmeoa each and step moatb aatil the Note is lKb io &d Partial hepymeaushag haw w effect uptm the due daresor thn amouma of my monthty paymeau udem the Note Holder a~eea ro writing ro mcb chaagea. 7. BORROWER'S WAIVERS 1 waive mY riytu ro !!squire the Note Holder ro do uruinWiagc 7bae thi¢p err (A) ro detnadpayuemof arrows due (taow u "prcceattmat"): (B) ro cite ¢atite that amountsdne haw mt bees paid (lenses u "not(re tN diaboaor'); (C7 ro obuio m ol6eial cenifieatioao[ aoapeymam (]moan as a "ptateta"). Anyone eYs who epees ro tsep the pmmh'sa made io tLif Nate, or who apaasro !ante paymeauro the Note Httidartf 16U ro keep my promhesnaderthta Hots, or who sips thin ' Note to tn~ter it to somt:ore else also salve these rights. There petaatu src iaoum as "guaraotorc, stuetiea sad e¢dorats." & GRRtG OF N07TiCRB - Aay !price that anal be puce to me order this Note aiB be given hY dellveriog & or hY mat7iog k by ceni&d aoa0 addrtaaedro nre at the Property Addrcnabow. A notice wiB be degwrcd or marled ro me m a differcm addreaif 1 pw the Nae Holder • entire of my di~rcm addrem. Arty notice that mtrrt ba gives to the Noce Holderurdar Wh Nom will be gives by maBiog [ by cartifled mag to the Note Holders! the addrcsasuted io Seetioa 3 above. A notex wgl be marled m the Note Holderat ^ differemaddsessif ! am gtwa • . notice aPthat diBeteat address. ~ 9. RESPON5®II.171t OF PF1tSON3 UNDffil TIHS NOTE if more than om pcrsoraipu this Nok, each of w b 6rgy veil peraoaaBy obliyttcd to pay the fail amount owed sad to keep aU of the promises made is this Nom. Aay putenror, surely, of eadotserof this Nom (as described i¢ Section 7 show) is also oblipmd to do these thiagt. Tlu Note Holder may etrfottx its righu under thin Note apiasf each of us iadividw0y or epiast aB of m together. Tbb meaty tilt arty nos of us may be requhad ro pay aB of the ^monnuoaed nailer tail Nae. Am person who alma over ray rigftu or abliptioas under thla Nom will haw aB of my righn sad !nest keep ail of my promites nmde i¢ th's Note. Aay penoa tyro ukea over We ridru or obliptiom of a pranntor, surety, or endorrerof this Note (az described i¢ Scctioo 7 above) is alga obligated to teep all of We promises made m this Note. 10. GOVERNfNG IAW The Nate and rite lose evideatedby this Nae wt71 be governed hY a¢d'mtetprcmdm aaordsaewitls ibe laws of the UOited Sates of America a¢d, to the came! thst oreh lava are rot applicabY, with the interval Lwa of the Sum of Nevada (without giving effect to say choice of law rule that would cure the appllcatioaof the laws of say other jorisd'rtiaa ro the rights end durse o[ die parties). lntercet ~a0 be charged et rates aBaved to a~ class of !coder by the laws of the Sute of Newda. PENNSYLVANIA 6ECOND MOtrtOACE NOTE 0729509117 ata086D waver r,r r.r r 1 ~ Glorla Popp -a.,..~ Howard M Foultz -e.~..a (S.aq (5••4 • cs~•n cs~•n -e.,,~. -mom (fin (Se.q -9¢„c,K, ~ -Bonorer Is4~ ~~ ~4l PENNSYLVANIA SECOND MORTOAOE NOTF ¢1¢0960 w.on ra. ~ a a 0729509117 R'`ashington Mutual PO Box 44118 Jacksonville, FL 32231-4118 June 3, 2008 GLORIA POPP 63 W MAIN ST NEWVILLE PA 17241 001299 /ac 0729509059 Washington Mutual HOME LOANS 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 # 0729509059 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 intend to for tr,s pe '{ f ion about the nature of the default i~ provided in the attached l~~ The HOMEOWNER'S MORT A E A SI TAN E PRO AM (HEMAP)~rtay be t,t +r, help to s your home This Notice explains how the program works. To see if HEMAP can help yo m t MF T WITH A ON MER ('R DIT O NSFI IN A ENC'Y WITHIN 30 DAYS OF THE DATE OF THIS NOT10E. Take this Notice with you when you meet with the c,,,,,,~ar„o naa,,,-,. ve anv Quesnoa~;,,you may au ty1v nta tto ,ciny rinance Agency toll L*ee at i- M-342- can call (717 780-18691. 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 -ocal 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. .~ ~i bid ''G ~~ HOMEOWNER'S NAME(S): Gloria Popp PROPERTY ADDRESS: 63 W. Main St. Newville PA 17241 LOAN ACCT. NUMBER: 0729509059 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. [F 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 MIrST OCCiiR WITHiN THF. NEXT (3Q) DAYC IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTCA E UP TO DAT TH PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLArN4 HnW TO BRIN YO R MoRTCArF UP TO DATE. .ONS rM .R R .DIT .O rNC ..IN .ADEN .I S - 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 elenhone nLmbers of designated consumer credit counseling agencies for the county in which the ~~rty is 1 .at ~ ~r - ~ forth ~ th 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 (b0) 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 iu 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 Fled bankruptcy, you can still apply for Emergency Mortgage Assistance.) 001299/5P999 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date) NAT 1R . OF TH . D .FAIL .T -The MORTGAGE debt held by the above lender on your property located at: 63 W. Main St. Newville PA 17241 [S 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: 03/01/2008 $988.21 04/01!2008 S988.21 05!01!2008 5988.21 06/01!2008 $988.21 Other chazges (explai~temize): Uncollected Late Charges $147.30 Uncollected Fees: $42.80 Corporate advances $53.50 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $4196.44 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 $4196.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by~h cashier's cher_k. certified check or money order made Rayable and sent to• Washington Mutual PO BOX 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YO 1 DO NOT JR TH . D .FA 1 .T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riYhts to accelerate the mortPa$e debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to Foreclose u; on your mort~ped oronerty. 'CIF 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 attorney's fees actually incurred by the lender even if they exceed 550.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY f301 DAY ueriod,,you will not he reauir d o lyy at rn y's fees. OTH .R .F.ND .R R .M .Di .C -The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO CURE THE DEFAULT PRIOR TO SuERiFF'g SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yo ~ m y_ still have the right to cure the default and prevent the a_a_le at any im ~p to one hour i+pfore the Sheriffs Sale. You may do sn b vi g h tal mo ant then past due_ plus any late or other charq~ then due. reasonable a orn y'c fapc and cnctc conn~t~ a^th the foreclosure S 1e and any oth r ~c c cnnnert~ wi h the heriffc ale c cp~ified in writin~bv the lender a_nd bXnerforming any other reonirement 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. FARt I ST POSSIBLE 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: Address: Phone Number: Fax Number: Contact Person: Email Address: Washington Mutual PO Box 44118 Jacksonville, FL 32231-4118 1-866-926-8937 1-904-281-3914 Collection Department www.wamuhomeloans.com EFFECTS OF SHERIFF S L.B: -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or $ 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 INSTITUTF_D UNI)F_R 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 44118 tacksolcville, FL 32231-4118 June 3, 2008 HOWARD W FOULTZ 63 W MAIN ST NEWVILLE PA 17241 001300 /PC ®Washington Mutual HOME LOANS 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 # 0729509059 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 Daggs. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP)~y be able to help to save your home- This Notice explains how the program works. To see if HEMAP can help,youu must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling~,gencv. The name. address and phone n ember of .oncumer .redit .ou celing Agencies serving yo ~r .~ ~nty a_re listed at the end of this Notice. If y9u have any questions. you may cAll the Penr>_Sylvania Housing Finance Agcy toll free at 1-500-342-2397. (Persons with impaired hearing can call (717) 750-1869). This Notice rnntains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help ezplain 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. a~iii~i~iiiiiiiioisi~i~ a„~ 7100 4047 5100 5376 0679 SP999 HOMEOWNER'S NAME(S): Howard W. Foultz PROPERTY ADDRESS: 63 W. Main St. Newville PA 17241 LOAN ACCT. NUMBER: 0729509059 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 FORECi.OSURE -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 OCCi1R 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 NOTI E CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. ['ON4 iMER R •DIT O INSEL.IN .AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses. and telgnhone nLmbers of dpsjgnatPd one Amer credit c tinseling agencies for the county in which the property is located a_re 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. APP I ATION FOR MORT A F. 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 fac@-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 PETTTION 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 001300lSP999 HOW TO CURE YOUR MORTGAGE DEFAULT (BrinE it u NATURE OF THE DEFAiILT -The MORTGAGE debt held by the above lender on your property located at: 63 W. Main St. Newville PA 17241 [S 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: 03/01!2008 $988.21 04!01!2008 $988.21 05/01/2008 $988.21 06/0112008 $988.21 Other charges (explai~temize): Uncollected Late Charges $147.30 Uncollected Fees: $42.80 Corporate advances $53.50 Less Credits $0,00 TOTAL AMOUNT PAST DUE: $4196.44 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 $4196.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. hymen c m is b made ith r byS;`h c~chier'c check certified check- or money order made payable and sent to: Washington Mutual PO BOX 41275 Jacksonville, FL 32203 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 DEFALILT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it 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 fur •loc anon yOLr mortgaged property. +IF THE MORTGAGE IC 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 attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's flees will be added to the amount you owe the lender, which may also include other reasonable costs. If yoe enre the default within th THIRTY f,~tt DAY rind, you will not be required to DAY attorney's fees. OTHER i.F.ND .R R .M .DI .c -The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 . ` RI('HT TO CiIRE TuF DF.FAtIL•T PRIOR TO SHERIFF'S SALE - If you have not trued the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yBu maystill 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»irements_ under the mort~ee_ 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. s R I cT P[1ccIBLE cHERIFF'S SALE DATF. - 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 Address: PO Box 44118 Jacksonville, FL 32231-4118 Phone Number: 1-866-926-8937 Fax Number: 1-904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com FFFFt`TC OF cHERIFF'c cAL.E: -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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. AccimiPTION OF MORTGAGE -You may or sY 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. YOLI MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • 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 ~`'V Deutsche Bank National Trust Co, as Trustee for Long Beach Mortgage Loan Trust 2006-10 v. Gloria Popp and Howard W. Foultz VERIFICATION The undersigned is N~~k ~ • Md~ of JPMorgan Chase Bank, National Association on behalf of Deutsche Bank National Trust Co, as Trustee for Long Beach Mortgage Loan Trust 2006-10 and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage 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. JPMorgan Chase Bank, National Association on behalf of Deutsche Bank National Trust Co, as Trustee for Long Beach Mortgage Loan Trust 2006- I 0 ,~ Date: DEC 2 9, 2008 /"'~+^~f, ~.. Name: N~Nh c. ,voz Title: 'Doc Execution Specialist Company: Loan: 0729509059 08-034327 ~~ ~, \ `~ na c~ ~ ~~~: ~; C~ -n t_.. -! ' s St '~ '` ~ . tk '~~~ F ~ ...cw " `~i 1 r ~~/ 1 ~ s .~': t ~ ~1 .. J .., ../ ~.~ ~, «.~ .~