HomeMy WebLinkAbout09-2265~~/
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2005-
WL1,
vs.
George H. Randall, III
Plaintiff,
Defendant.
TO: DEFENDANT
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY
BE ENTERED AGAINST YOU.
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
7255 Baymeadows Way
Mail Stop JAXB2007. Jacksonville. FL 32256
AND THE DEFENDANT:
1160 Greenspring_Road
Newville. PA 17241
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFE CTED BY THIS LIEN IS
1160 Greenspring Road. Newville PA 17241
Municipality: North Newton
~u~tt CI. ~€i
ATTORNEY FOR PLAINTIFF
ATTY FILE NO.: FCP 121308
CIVIL DIVISION
NO.. ~q'aZa~$~
TYPE OF PLEADING
CIVIL ACTION -COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Deutsche Bank National Trust Company,
as Trustee for Long Beach Mort~a~e
Loan Trust 2005-WL 1
COUNSEL OF RECORD FOR THIS
PARTY:
ZUCKER,GOLDBERG &
ACKERMAN, LLC
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Richard P. Haber, Esquire
Pa I.D. #202567
Eric Santos, Esquire
Pa. I.D. #201493
Joel A. Ackerman, Esquire
Pa I.D. #202729
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
(908) 233-8500
(908) 233-1390 FAX
officena,zucker old, dberg com
File No.: FCP- 121308/sst
Zucker, Goldberg & Ackerman, LLC
FCP-121308
~'
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
Zucker, Goldberg & Ackerman, LLC
FCP-121308
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2005-
WL1,
CIVIL DIVISION
NO..
Plaintiff,
vs.
George H. Randall, III
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 SHOULD 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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
FCP-121308
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION
COMPANY, AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2005- NO.:
WL 1,
Plaintiff,
vs.
George H. Randall, III
Defendant.
AVISO
LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mss adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20)
dias despues de la notifacacion de esta Demands y Aviso radicando personalmente o por medio de un
abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a,
los demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion Como
se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero
reclamada en la demands o cualquier otra reclamation o remedio solicitado por el demandante puede ser
dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero O propieded u
otros derechos importantes pars usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED
NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE
OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
FCP-121308
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION
COMPANY, AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2005- NO.:
WL1, :
Plaintiff,
vs. :
George H. Randall, III
Defendant
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Deutsche Bank National Trust Company, as Trustee for Long Beach
Mortgage Loan Trust 2005-WL1, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and
files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long
Beach Mortgage Loan Trust 2005-WL1, which has its principal place of business at 7255
Baymeadows Way, Mail Stop JAXB2007, Jacksonville, FL 32256.
2. The Defendant, George H. Randall, III, is an individual whose last known
address is 1160 Greenspring Road, Newville, PA 17241.
3. On or about March 29, 2005, George H. Randall, III an unmarried man
executed a Note in favor of Long Beach Mortgage Company in the original principal amount
of $156,320.00.
4. On or about March 29, 2005, as security for payment of the aforesaid Note,
George H. Randall, III an unmarried man made, executed and delivered to Long Beach
Zucker, Goldberg & Ackerman, LLC
FCP-121308
Mortgage Company a Mortgage in the original principal amount of $156,320.00 on the
premises hereinafter described, with said Mortgage being recorded in the Office of the
Recorder of Deeds of Cumberland County on March 31, 2005, in Mortgage Book Volume
1901, Page 4293. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part
hereof.
5. The aforesaid Note and Mortgage was assigned by Long Beach Mortgage
Company to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage
Loan Trust 2005-WL1, plaintiff herein, pursuant to an assignment of mortgage to be recorded.
6. George H. Randall III, single man is the record and real owner of the aforesaid
mortgaged premises.
7. Defendant is in default under the terms of the aforesaid Mortgage and Note
for, inter alia, failure to pay the monthly installments of principal and interest when due.
8. On or about February 18, 2009, Defendant was mailed a combined Notice of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance
Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq.
9. The amount due and owing Plaintiff by Defendant is as follows:
Principal $149,211.07
Interest through 03/25/2009 $3,989.75
Attorneys' Fees $1,250.00
Title Search & Costs $2,500.00
Late Charges $ 605.20
Escrow $5,658.10
Accum NSF Charges $ 25.00
Other Fees Due $ 32.55
Total $163,271.67
Zucker, Goldberg & Ackerman, LLC
FCP-121308
plus interest on the principal sum ($149,211.07) from Mazch 25, 2009, at the rate of $27.39
per diem, plus additional late chazges, and costs (including additional escrow advances),
additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount
due of $163,271.67, with interest thereon at the rate of $27.39 per diem from Mazch 25, 2009,
plus additional late chazges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
Zucker, Goldberg & Ackerman, LLC
FCP-121308
ZUCKER, G D ERG CKERMAN
BY:
Scott A. Dietterick, squire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D.#89705
Richard P. Haber, Esquire
PA I.D.#202567
Eric Santos; Esquire
PA I.D.#201493
Joel A. Ackerman
PA I.D.#202729
Attorneys for Plaintiff
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
908-233-8500
FAX 908-233-1390
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
FCP-121308
• qG. yb ~d Gam
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When recorded, trail to:
LONG BEACH MORTGAGE COMPANY
P.o. Box 2oloss
STOCK'l'ON, CA 95202
Laic No. 6431035-7756
Pacoel Number:
RyncRT °. ZIEGLER
r~~~a~aER el~ ai:~os
~0~ f .Aft 31 A~1 9 21
I~ A6ov~ 7'WR Ijne Ror Re~adltte Dual
MORTGAGE
THIS MORTGAGE ("Secutiry Inswment7 is given on March 29 , 2005 .The mortgagor is
GEORGE H RANDALL 11I, AN UNMARRIED MAN
("Bonuvver"}. This Secunty Inswtnatt !S given l0
LONG BEACH MORTGAGE COMPANY
which is orptusal and exitxiryl wrier the laws of the State of Debware ,and whose
address is 1400 S. DOUGLASS RD., SUITE 100, ANAHEIM, CA 92806
("Lender'. Borrower owns Letder the principal sum of
One Hnrdred Fifty Six Thonsatd Tbree Humored Twenty and no/]00---- ------
Dollars (U.S. S 156,320.00 ).
This debt is evidenced by Borrower's note dated tht: same dax as this Security lrtswnrent ("Noun, which provides for
moruhly payments, wim the full debt, if not paid earlier, due and payable on April l 2035
This Secutiry [astrtrmertt sxures to Lender: (a) the repaymt:nt of the debt evidenced by the Note, with interest, std a!! t+ettewals,
exoemiom sari modiflctworts of the Note; (b) the payment of all outer sums, with ittter+est, advattoed order pacagcaph 7 w
protect the security of this Security Instrument; and (c) the performance of Borrower's covemnts std al{reerttetttc under this
Securiry la4uutnettt and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Letder the fulbwit~
described pt+operty located in CUMBf?RLAND Cnuaty, Petttrsylvania:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
whitdt has the addttas of 1160 GREENSPRING RD NEWVILLE
Fennsylvagia 17341 lzip codei ('Property Addmess");
PENNti1f1.VA1t1A-Side ~amiy#4wIlAA~FILMC
[~. CIU'i.
Il#MFWMA Mt8'TIiUBt1a1T Fenn 31138 8180
(~'tiFKp'N ~er,~ ArrNndad 1?183
P,o., a r ~`~ 0 PG 4 2 9 3
TDPA, tai0ai0n PC
TOGETHER WITH all the improvements now or hereafter err:cted on the property, and ail easements, appurteaaatxs, and
Bxptres now or hereafer a part of the property. All replaceatients and additions shall also be covered by this Security
ltrstrutaeat. Ail otthef~ trig is referred m in this Sxtuity Insanmtertt as the "Property."
BORROWER COV>~TANTS that Bormarer is hwtitlly seised of the estate hereby oomeyed and has the right m m°rtgage,
graru anti convey the Property and that the Property is uateucumbered, extxlu for ettctunbrantxs of record. Borrower warrants
and will defend getterally the title m the Property a~aiast all chime and deanads, subject m any ettcumbattttxs of record.
THIS SECURITY INSTRUMENT txtmblaes ttrtiforrn covoaa»ts ~r r~atiomt use and aon~tnitorm covenants with limited
variatiorn by jurisdiction m oot~itutr a uniform security irteutpnerK coveriq~ real property.
UNIFORM ODVENANTS. Borrower and Leader covemm and agree xs follows:
1. Pttyntetlt of PtindpN tmd Ilatereat; Pr+e'pnyareot and Late (~artea. Borrower shall promptly pay when due the
priac of and ingest on the debt evidenced by fire Noce a~ any Prepayment sad late tdnrges dwe under the Note.
ihrod'a for Taaoea sad lmarartce. Subjax m applicable law or m a written waiver by Lt:nder, Borrower shall pay m
lender on the day ngathly paytuests ate dun under the Note, until the Note is paid in full, a sum ("Fulda") for: (a) yearly taxes
and ~ which may attain priority over this Sectuity lastrument as a lien on the Propcrry: (b) YeulY kasehod P,Y~
or grotmd tents on the Ftoper~y, if any: (c) Yearly 6arard or property insurance pretttiuttts: (d) yearly flood irourtutce premiums,
if say; (e) yearly atortgage iasuuarttx premiums, if arty; and (i7 any sums Payable by Borrower m Letder, in acatrdartce with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance preatiums. These items are called "Escrow Items."
Lender tray, at say time, coiktx and hold Funds in an amour not m exceed the maximum amount a leader for a federally
rrlated mortgage k>an any rognim for Borrower's escrow atxoum ender the federd Real Estate Seuletne»t Procodurcs Act of
1974 as aarended from time m time, 12 U.S.C. Section 2b01 er seq. ("RESPA'~, unless amdter law thu applies to tits Funds
sets a lesset amoral. If so, Lettder may, at aqy time, collect sad hoW Funds in an artmtutt sot a extxed the lesser atttount.
Lender my eatiraaae tht arttourtt of Funds due oa the basis of current data and tuasotnble estimates of expenditures of future
Escrow Rents or otherwise is aocordartce with applicable hw.
The Funds shall be held in an institution whose deposits arc insured by a federal agency, Irotrumentality, or entity
(lachtding Lender, if Laden h sttdt as institution) or in any Federal Home Lotter Bank. Lender shall apply the Ftttds to pay the
Escrow Items. [.ender Wray not ~e Borrower for holding and applyigg the Funds, anntnliy analyzing the escrow arsenal. or
verifying the Barrow Items. unless Leader pays Borrower inoetest on the Funds and applitxbk law permits Lender to make such
a charge. Hort~ever, leader any rogttire Borrower mpay a o»e-time charge for ao independent ntal tax r<poning service
used by Leader in conoe~ion with this loan, urdess applicable law providers otherwise, Uttkas as sgreemeat is made or
applitwbk law rrqultes iooerest m be paid, Leader sha11 not be r+aptited m pay Borrower any interest or earrrittgs on the Funds.
Borrower anti Lender may agree in wridrtg, however, that iffierrst shall be paid on the Funds. Leader shall glue to Borrower,
without charge, w anatral atxotmting o! the Puads. showing credits std debits m the Furtds and the purpose for which each
debit m tin Funds was arcade. The Fortis are pledged as additional security for all attars secured by this Security Iastrttment.
if rite Funds held by Deader exceed the amotmts pertnitced m be held by applicable law, Lender ahail account m Borrower
for the extxsa Portia in accordaaoe with tits regaicentents of applicable law. If the amount of the Fortis held by Leader at any
time u act suffldeat m pay the Escrow Itetas when titre. leader may so notify Btnrower in writing, and, in such case Borrower
shall pay m Lahr ttte amount necessary m males up the deficiency. Borrower shall make up the defciency in ate tmre than
twelve taoathly payaxnts, aK Lender's sole discr+edon.
Upon payment is tltll of ail sums secured by this Security Ittswatent, Lender shall promptly refund to Borrower any
Fortis held by Lender. If, under paragraph 21. Leader shall ecquiro or sell the Property, Lender, prior m the acquisition or sale
of the Property, slnil apply any Funds hcW by Len~r at the date of atxryisidoa or sale as a credit agairt4t the soars secured by
this Seatriry lnrtrument.
3. Appidgttlotr ~ Pttyatents. Uatlem applicable law provides otherwise. all paytatetus rtxeived by Lender order paragraphs
1 and 2 sail be apptiad: tlrst, m any prtpaytnent tdtarges due under the Noce; secotd, to amounts payable order paragraph 2;
third, m interest doe; tburdt, m principal due: and last, to say late charges due user the Note.
4. Chaepr Liars. Borrower shall pay all rasa, amesaattenta, ctnrgea, 6aes and irnpositiotrs attributable to the Property
wbit:h may attafet priority over this Sa:urity Instnrrneut. and tttasdwW payments or ground mots, if arty. Borrower shall pay
three obligatioaa in the nmtmter provided in paragraph 2, or if not paid in tint mxaatter, Borrower shall pay them oa tints directly
m the ptnson owed payanertt. Borrower shall promptly fwaish m Lender all notices of amotrms m be paid order this paragraph.
if Borrower mattes dune payments directly, Borrower shall prort~dy furdsh to Lender receipts evideatciag the payments.
uidrr S~~tT+
~Al `"'_` BK 19.0 i PG 4 2 ~9 4 ~ P"' ~ °" Loan No. ~>!ao ~s6 s s,:ao
~~t~
i
Borrower tdrall promptly discharge any lien ahich bas priority over this Secuaty luswmettt unless Borrower: (a) agrees in
writiaig so the payment of the obligation setareed by the lien in a matunr arxeptible to Lenckr; (b) tomcats in good faith thr lien
by, or d against enlbttxmettt of the lies ia, legal procecd'trgs which in the Leuder's opiroon operate to preveru the
enforoemant of the lien; or (c) secures Prom the holder of rite lien an ttgtretttent satisfactory to tendrr aubordimting tlrc lien to
this Security lnsttttttrent. If Lender determines that any part of the Properly is subjoa w a lien which may attain priority over
this Security iastromatt, lender tray Give Borrower s notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set thrdr above within 10 days of the giving of mtia.
S. Hasard or Property Iesurantx. Borrower shall keep the improvements now existing or herafter er~ted on rho
Property Insured against loss by fire, harards included within the perm "exoendod t~veraje" aM any other ttar3Ms, including
floods or fioodi~, ibr which Lcuder rctluirres irmurarrcc. This insura>re shall be maintained in the amounts and for the periods
that Larder tagnins. The instuance cataicr providing the instrrant;e shall be chosen by Borrower subject to lerr~r's approval
which shall mt be ttnrcasoaiably withheld. If Borrower fails to mainnin coverage described above, Len~r may, at Lerdcr's
option, obtain coverage m protect Lender's rigtus is the Property in aoootbaroe wig paragra~r 7.
All in~rrantx policies and rtnewals shall be accxpbbk to !.ender and shall include a standard rmrtgage clause. Corder
shall have the right to hold the policies aril renewals. If Lender requires, Borrower shall promptly give to Lender all rts:eipts of
Paid premiums std tenearal notices. In the event of loss, Borrower shall give prottgtt tntitx m the insrrrartce carrier and Corder.
Lcder may mate proof of loss if not made Promptly by Borrower.
Urdenr Ruder and Borrower otherwise agree in writing, irrauraoce proceods steal! be applied to nsootYtion or repair of the
Property damaged, if the remtrration or repair is ecommically feasible aM Lerxkr's security is mt lessened. If the restoration or
reptrir is not eeonomiatly Possible or Lader's security would be lt~serred, the itrsrrranrx protxetle slid! be applied to the sums
secured by this Soaa~iry Itostrutttetrt, whether or not then due. with a~- excess paid to Borrower. [f Borrower abandons the
Property, or does mt atttwer within 30 days a notice from Lender that the imvrance arrier has oflEral to settle a claim, then
leader may 0D1kCt the lnsuraaae proceeds. Lender tttay use the procxds to repair or more the Property or to pay sums
secured by this Secoriry I>tistrtmreat, whether or not then due. The 30-day period will begin ariretr the notice is given.
Unks Lender sail Borrower otherwise agree in wridog, arty appl'u~n of proceeds to principal shall trot extend or
postpo~oe the due dace of the m0trthly payments relfenM to in paragraphs 1 and 2 or change the armnnt of the payments. if
order pruttpaph 21 the Property is acquired by Corder, Borrower's right to any insurance policies and proceeds resultitgl from
damage to the Property prior m the acquisition shall pass to Lender to the extent of tiro sums secured by this Sorority Instrument
immedrately prior to the acquisition.
6. Oonptatey, P~raservtdion. Mainteant:e soil oP the Property; Bornower'a Lone Application;
Lease6olda. 8otrower shall otxvpy, establish. and use the Property as Borrower's prindpai residers widrin sixty days after the
execution of this Sectuiry lttmrument and shall continue >b occupy the Property as Borrower's principal nsideace for at last one
year after the dace of otxarpaocy. uNas Lender otherwise agrees in writing. which t~nseru shall not be unreasonably withheld,
or unless exaerrttaas~g circtemustras exist whlelr are beyond Borrower's control. Borrowrt shall not destroy. damage or impair
the Property, allow the Property ro deteriorate. or oonmtit wasae on the Property. Borrower shill be in default if any forfeinrre
action or protxeding, whether civil or crirmnal, is begun that in lcttder's good faith jttdsmeru could result in forfeiture of the
Property or otherwise a~ittuy impair the liar crcatod by this Security lastrnnrent or Lender's secariry interest. Borrower may
coca sudr a defiwlt std teinatate, as providod in paragraph 18. by r:ausing the action or protxediag to be di~rissed with a Wiling
that, in Lender's good faith detertnination, pr~ocludes forliattrte of the Borrower's inotrest in the Proptrty or other material
iro~rairtnent of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
Borroswer, during the loan appllation process, gave m~erWly false or inaccurate infornattion or ~ ro Leader (or filled
to prm-ide Larder with any material iaf0rmation) in conua:tion with the loan evideuad by the Noce. including. but not limited
oo, ~ro c~mernirtg Borrower's otxtgraacy of the Property as a principal residence. if this Security inswment is on a
leasehold, Borrower shall co>r~y with all the provisions of the lease. If Borrower acquires fee title to tht Property, dre
lamelrohi and the fee title shall not merge unless Lender ajrea to the merger in writing.
7. Pbotectla~ of 1Lesder's iR~rts to the Property. If Borrower fldls to perform the oovemnts and agreements corttairred in
this Security htswment, or there is a legal prooeedigg that may sigdfkandy affxt Lader's rights in tin Property (such as a
prooeedisg m bankrupscy, ProbMe. for condeomation or forfeiture or to enfortx laws or regulations), then Lender may do and
pay for whatever is necessary to protect the valve of the Property and Lender's rights in the Property. Lender's actions tmy
include paying any sums aectrrnd by a lien which bas priority ovu this Security lnatrument, apperuing in cant, paying
reasonable attorneys' Prxs and entering on the Property to make repairs. Although Lender may take action under this paragraph
7, LeMer does mt have oo do so.
+~ruw:~
t~.811(PA1 ron~i 8K 19 0 I PG 4 2 9 5°' a a ~ Loan ~~ ~>lao ~~a9 8/80
rDPnstbuaao~;Pc
Any amounts d'tabarsod by Leader under this paragraph 7 shall become additional debt of Bortower secured by this
Seatriry lnstnanent. UnUess Borrower and Leader agree w other terms of payrnatc, these amounts shall bear interest from the
date of disbar'eatent at the Nose rate and sbW be payable, with interest, upon notice from Lender m Borrower requesting
PaY~~
g.lliortgttre Itrwrseee. IP L.ender required arory~ge ittsuranae sa a condition of making the loan secured by this Security
Irtstrurtreat, Borrower shaiil pay the preriums required to taairtuia the tortgage itanraace in effect. lf, for any reason, the
mortgage ittautattce coverage required by Lender lapses or ceases rA be is efliect, Borrower shall pay the premiums r~oquited to
obtain coverage substaatia)ly egaivaiem to the tttortgage insurance previoep~ly is effect, at a cost sub6watialiy equivatcat rA the
cost to Bonvwer of the morgage irtsuraaoe prcvioualy is effect, from as alternate mortgage intsuer approved by Lender. if
sa6ata~otally otptivalern tmrtgge insurance coverage is not available, Borrower shall pay to Linder each motuh s ~tm equal m
oa~taselfth of tbt yearly mortpge iasttrutce prr~mium being paid by Borrower when the insurance covats~ lapsed or cetrted to
be in effect. Lender will acogtt, use and rettdn these tym rasa as a Iota reserve is lieu of mortgage i .Loss reserve
payments troy no totwger be rarnred. u the option o~L~deer, if raorRgage ittsmance coverage (in the amio+ aM br tht period
that Lender t+egaircs) provided by an iaaurer approved by lender again biomes available and is obtained. 'Borrower shall pay
the premitmts regnit+ed to ataintain mortgage irtstrra>rx in etlEct. or m provide a loss reserve, until the requitr;atem for mortgage
irrswuaaoe cads in atxordaace with any written agrxmeat between Borrower and Leader or applicable law.
!. Imo. Lender or its agern may rmke reasonable entries upon std inspections of the Property. Cinder shall give
Borrower online at the time of or prior to as iaspxdon spxil~ri~ reasorolde cause for the irrtpa~tion.
1®. Condarrtaatloa. The proceeds of nay award or claim for damages, direct or cortsoquential, is oonaaKion with any
cortdernmtion or other taking of any part of the Property, or for conveysroe is lieu of cotdemnstion. arc hereby assigned and
shall be paid to Lender.
lathe event of a total takigg of the Property, the prooecds shall be applied to the sums secured by this Ser:urity Irtstrumetu,
whether or trot then due, with airy excess paid to Borrower. In the event of a partial taking of the Property is which the fair
tnarloet vahte of the Property immediately before the eking is equal to or grestm than the smoum of the surtts secured by this
Security Irutrrtnteat immtaiiaoely before the taking, unless Borrower and Lender otherwise ageee in writing, the sums secured by
this Septrity Inswmeat tdtaU be redtroed by the aatount of the prarxeds mWtipiied by the following fraction: (a) the total
amount of the ~ secured immediately before the taking, divided by (b) the fair market valve of the Property intmedistely
before the taking. Aay balance dutll be paid to Borrower. In the event of a pattisl taking of the Property in which the fair
marks value of the Property immediately before the taking is less than the amowx of the awns socuned immediately before the
takitrg, aoless Borrower sad Lender otherwise agree in writing or unless applicable hw otherwise provides, the ptooeeds shall
be applied to the awns secured by this Security lnswrnent whether or tot the strnu are rhea dice.
If the Property is rdtartdoaod by Borrower, or if, aPoer ttotix by Lender tD Borrower that the condemnor offers to malae an
award or settle a claim for damages, Borrower fails to t~espoad to Lender within 30 days after the date the notice is given,
Leader a authorised o0 collect and apply the proceeds, at its option, either w restoration or repair of the Property or w the aunts
secured by thin Security Itsiurtment, whether or not rhea doe.
Urtkns Leader sad Borrower otherwise agree in writing, nay applitnrtion of proooods to principal shall not extend or
postpone the doe date of die rnortthly payments rcfierred to in paragraphs i and 2 or ctwnge dtc amount of such payments.
11. Borrower Not Relataai~ Fiorfiear>1ruY By Larder Not a Waiver. Extension of the time for paytaent or modification
of amortization of the urns secured by this Security laattunrent granted by Leader to any sttcrxsaor in interest of Borrower shall
ram opetaoe to rc1a~ the liability of the origiml Borrower or Borrower's stn:cesaars in interest. tsnder atoll not be required to
commtxtoe Proooedi~ agaittu any arroceasor in inxrest or refuse to extend time for payment or otherwise tttodify antortizalon
of the sums seared by this Security Irtswmeat by rr;asoa of any demand true by the origiml Borrower or Borrower's
sttcceasora in interest. Aay forbearance by Lender in exercising nay tight or remedy shalt oat be a waiver of or preclude the
exercise of air right or remedy.
1Z. S~ors avd Aadpa Bound; Jolst and Srrrr~ LhtbtBty; Co-sirs. The covenants and agreements of this
Security laatnrmeat shall bial and benefit the successors sad assigns of bender sM Borrower. subject to the provisioro of
paragraph t7. Borrower's covenants sod agreements sl»dl be joint and several. Arty Borrower who co-signs this Security
Inwumetrt but does not execute the Note: (a) is co-signing this Sxudty Irtstntmera only to mortlptge, gem and comrey that
Borrower's inxtst is the Property under the oern4s of this Seatrity laswmenr (b) is not personally obligated to pay the sums
secured by this Security Ins<nuaptt; sad (c) agrees that lender and any other Borrower may sgtue to extend, modify, forbear or
make any aoooaaaodatioas with regard to the terms of Chia Seruriry instrument or the Note withart that Borrower's consent.
rrer.
`~~"`°p' ""_' 8K 19 01 PG 4 2 9 6 '~'`"' i~oaa N°. ~,~„~ s s,~°
,~,.~.,~
13. Loan CharBea. it the loan sawed by this Security lnauttment is subject to >t law which seta maximum loan charges,
sad that law is firstly iatetpseted so that the irttettest or other ban clwrges oolkcted or Do br collected in connection with the
loan exuxd the permitted litttits, then: (a) arty such loan charge shall be redtat:ed by the amount neoasary to reduce die charge
to the permitted litaft; std (b) airy soma already collected from Borrower which exoeoded permitted limits will be refunded W
Borrower. Lerder may choose to rnalae this refuM by redtaciag ~ principal owed sander the Note or by making a direct
paynteru to Borrower. if a refund st:duces principal, the seduction wi[I be treated as a partial prepayment without eery
prepaytttent rkarge trader the Note.
14. Notidn. Any noticx to Borrower provided for in this Security lnstrurnem shall be given by delivering it or by mailing
it by Srst ch~s mail tmless appikabk law tt:Qttfns tree of staother mdlad. The ttotitx shall be dirtxted to the Property Address
or airy ocher aaWcass Borrower designates by notice w [.ceder. Any ratite to Ltroder shall be given by first cuss trail to
Lender's addrem acted herein or say other address Lender desigastea by aotitx to Borrower. Airy notice provided for fn this
Security lrocraement shall be tieerrred to have been given to Borrower or Lender when given as paoviekd in this paragraph.
15. Goreraleg laaw; SerattbilRy. This Security Ittsttm+nent shsi! be govereed by 6cdersl law attd the few of the
jurisdiction in which the Property k bcatod. [a the event that say provision or clause of this Security Irtwuntettt or the Note
conflicts with applit:abk law, earth conflict shall not affect other provistoas of this Security lostrnment or the Note which cast be
gives effect without the eontlictittg prmrislon. To this end the provisions oT this Security Insttttment and the Note are declared
w be xverabk.
16. Bora+ower'a Copy. Borrower shall be given one t:ottforoted Dopy of the Note and of this Security lrawmestt.
17.75reM'tr d the Awperq- ar >. Beeadiadal b Borrower. If all or arty part of the Proptrty or say interest is it
is sold or tnasfared (or if a beneficial foterest in Borrower is sold or traatfersed sad Borrower is rat a natarsl person) without
leoder'a prior written cot>sent, Leader may. at its option, rt:quire immodiste payment in full of all sums secured by this
Secarity tnawateat. However, this option shall rat be exercised by Lender if exerase is prohibited by fedeeal law as of the data
of this Secveity instruatem.
1f L~oreder exercises this option. [.balder shall give Borrower notice of acceleration. The notice shelf provide a period of not
less than 30 days from the dace the notice i3 delivet+ed or tttaikd within which Borrower must pay alt sums secured by this
Secttrfry Iasttameat. if Borrower fails w pay these sums prior to the expiratfoa of this period, Lender may involoe any remedies
perntitoed by this Security inattsumertt without fitrther nodae or demand on Borrower.
15. goee+Qwer't Right ba R~dimRat~ee. if Borrower labels txtnln ootttSCio~, Borrower shall have the tight m have
eoforcemeot of this Security lnstratttent diswtttirated at arty tirete prior m the earlier of: (a) S days (or each other period as
appliarbk tsw tray specify for eeiaatatement) before sale of the Property purswa to any power of sofa contained in this
Sx>asity iastcnmerat; or (b) catty of a jttdgtnem enfoeeirtg this Sxurity inswttrettt. Those conditfocts are that Borrower: (a) pays
Leader all amps whkh that wotild be due sander this Security Iastrumeat sad the Note a3 if no accekeatbn had ocptrse:d: (b)
cures air default of any other covertatns or agreements; (c) pays all expenses irtcurrod in enforcing dtis Security Istttrument,
including, btu rat liraioed w. reasottabk auotioey:' flees; and (d) ekes stack acdoa as Leader easy reasonably require w assure
slat the lien of this Security Iasatuneru, Lender's rights in the Property sad Botmwer's obligation to pay the sttttts exceed by
this Security Ittatrument mall oamioue nntdtattged. Upon reiastatemem by Borrower, this Security lnstrtrment and the
obligations secut+ed hereby shall reraafn litlly eflteotive as if ea acceletatba had Decreed. However, this tight to reinstate shall
sot apply in the table of acceleration wader paragraph 17.
1!. Sek d Nom C6etage of Loan See•rker. The Note or a partial interest in the Noce (wgether with this Security
Ittstntmerat) may be sold ono or more times withotu prior notice a Borrower. A sale may result in a change fa the entity (known
as the "[.Dan Servioer7 [btu collects mondtly payments due under the Note sad this Sxuricy lostnuttent. Then also may be one
or more chsoja of the Loan Servtca~ umelsted ro a sale of fire Note. If there fs a change of the Loan Servitxr, Borrower will be
given wriwea entice of die cluage in aocordastoe with paragraph 14 above and applicable law. The notice will ate tla [tame attd
address of the new Loan Servieer and the address m which paymems sbonid be made. The relict will also contain any other
iofornattion required by appli~e law.
20. Ntmrdons Snbapt Borrower shall mt cause or permit the presenx. rase, disposal, storage, or rekaso of arty
Hazardous S~abstirtces on or is the Property. Borrower shall rat do, mr allow anyone else to do, arrything afftcting the
Property that is in violation of say Environmental Law. The procedigg two sentences shall not apply to the pst:sertce, use. or
storage on the Property of small gwaeides of Hatrardous Substances that are generally reoognitxd to be appropriate to norntst
r~dernial uses sad to nninterraoce of the Property.
u+a.a: tC~
~•dFttPA! t..,~, 8K l g 01 PG 4 2 9 7•'+~•, a 7 Loan NO. ~1~~ SIB SI 8/80
7GPA6t~lPC
by any
~~ ~w~,it or ode jaw
;mesti~'°°' cam' ~ or 6pviro Key. ~
autia of ~ YroP~ ~ aW- K1 or~~ ~t pro~- ~~
ill _..,,~.tily dive ~ ~ 7~ ~ ~~~~ . of ii ~~ ~ ~ ~~ ~ ~ by
Pt°~.,""r-~ywtedte. tf ~Tr°v-~a ~ ytta~ ~ ~n ,~ of ba-r~~ ~ xic
S~ wcr ~ 9 ltd }larst8n°a ~~ 1 Ur+• ~fiptA as 11J ytnm P in
gorro of any Rn~` ~ os t~ 4~° tistc. A3 used
anSl ~'°va- oal spa ink ~ ~~ 9i~`~a ~lca'o ~~1dehY~~ ~ wl~ ~ prop~ny ~ fat .
all ~ in tAis ~ ~ ~tibwis~ ~ cp9s~ of ~ '~
~t Lw l~s• vo~k golvEt~ t~ fcdc~ laws ~ ~ follows: ~ res's bra
ides ~ herdic La an. ~vet~ and aS ~11ow ~,.~s~p~-1~ unlem
pe9tsc~~~.~,,~ 20. E~ 1 pro~a't+ 1 turd~r prla+t ~ ~ saw' ''"- -' ~) oboe 9~
~~j, sa~Y or~v'~A ~ ~~ w~pciot ~s1°(a} ~ ~ecitkd ma7
~1NA Nam ~ tS a °f' ~ [aU+~ s° ~~ ~ °~ad s~ °t t~
oc ~'~° ~, I~esdR* t~ ~ be cam: ~ ~~ ~ ~~ tored~
°[_~~~Y.~pr,0'~ ° N.~, ~ +lsts r ~ids~e ~ to~u°°eb'odoa ~ fired b1- ~~
rem ~ ~ ~ ~~ ~ b'Bo~'°nra of the ~~1~ ~ ~ s~ ~ ~.
~ a, awx~'a'~jpO~ r ~ of n ~'at °` ~+ rem l ~'' t ~ ~ l~'y"pb ~1 ~ t
1.~ pu.acbb~ at lt9 o4tb° tl-b prorid~ mow.
dK a~ "'lam ~~ tlns uncy
try 9111 ~ ~ eon ot,rite lac. 'b'S ss~ ss~stY ~ecurtty .
dsb ~ e9 ~ 9R:~ ~ s>x~ h'Y tors ter sit dtsr~rLe a ~ for ~°g ~ ~ under
!~ d~ ~ l 9~ of ~ sv~ ~' spay merge ~ tnb of ~ ~ 'ss Qom"
ade~ Vim` ~ bcooase '~. Af ~ vo~~ ~~ res~d~ ~ ~ ~ {,xts in 4'~
capvCyad 9~d1 sbslt payer ~ a~dn4a~I- fot ~ Wives ~ rem ~ m~~-a~~°~ ~r stay of e%ecotion,
~'°'"i any s f t~ fey ~w. la
~y~ air ~ ~ ~ ext~ 4~ ~~~,efit ofd q° ~{- ext~ to one try 4nor W ~
in5~~. kvY ~ t~ proves r~u~.ty~~ ~ k~ m goxrower w a~Auire cidc
0o Cota~ of tim6, eus~'0n ~ ~riower s dsm 9a~ pr-~ °° ~~ Seyccurity lt>strut~ op tbie Note
eater ' riE~ s ssk or o~ Kcnted ~- ~ is e~~
~. ~A6 u a ~ if any of ~ debt proney'ma~$e~ gable afar a 1 witA t1+is
co~ b~ ~ ~{f be W ~t flee ino~r ~ undue ~ ~ ~ reco~ o0f' lctnent
w tb-e Pr~rty' Afi~' ~u~t ~ ~e cote p0.Y~ ~ exv~ 'u~~~'~ ia~u std ~t~' ~ ~ s~4
~. 1tN~ 9 fo~~ Lf one °t rider X11 be of Ibis ~' y
or a ~ R~ ~ ~,y a'~~~~,rrttrrre~ ~ ms(s) aeoe a ~ t-4 Family ~ ~ der
gecutity tom' RNs of tfis SecndtY ~~elcly PaYm
~ Rider order
the ~1e box(es) ~> Rtd~ Soooad Name
1
Pay~~ to iaroPro
G~'~, ~ R~ Osleeds) [s~cttyl
Ba-l~" R'
r
VA ~ ~,,,,r. ~ 3a99 919
I.oas ~. ~]~.7'f56
_., s Deli?_9$'
P,o.sa~
BY SIGNING BEEAW, Borrower accepts and a8ret:s m the terms and ooveua 'trod iu this Sxurity lnstruarent and
in arty rider(s) execuood by Borrower and cecotdcd with it. ,~,_
Wimtsses:
(~)
®ORGE H I2ANDALL lII -9oaower
csesl)
-tee
cs~) cs«n
_ -
CertBltarte of Resitltace
I, , do hereby certify that the cornea address of
the within-tom Mort~a$ee is 1400 S. DOUGLAS5 ItD., SUITE 100
ANAHEIM, CA 92806
Witrresa ray hard this day of .
~~ er Monaa••
OOMMONWLALTH OF iPLNNSYLVAN[A, CUMBERLAND Conttty ss:
On this, tht: ~~' day of ~~Clh , fJtOl~'j , befoc~e rrre, tht urrdersi8ned officer,
petsomlly a~earcd ~'~ot~C. 1~t, 2a~nd~-1~ ~
~ Imnwn to me (or satisfactorily proven) to be the
peraoa whose mtme ~1 b srtbscribod to the within instrument and ackuowledSed that tile.
execuocd the same for the proposes herein cocrtaiired.
IN WITNESS WHEREOF, i hereumo set my hand and official 1.
My t;,otrmtisaion Expires:
OOI~NYEfALTH F P N6Yl.YMYA
Neladd Qaal
Jta~-K~hNotrryt'rtlt: . 1 ~ t
pmp H1 Boia t~tntttrrMttd l~outq-
~ Cet7atiMen tasuaa IYtr ?~ 2008 Title of Otlker
-+r•t~ta.-. ~ n.•od.rt~t a rtwtt.•
-t#itPA) t•na~ P.•• ~ ~ ~ Fenn 303s 9/90
,~~,~„•,,~ BK { 9 0 i PG 4 2 9 9 Loan No. a~~oos-~sb
.-
..
FIRST AMERICAN TITLE INSURANCE CO.
Commitment Number. RAN54.05
SCHEDULE C
PROPERTY DESCRIPTION
The land refemsd to in this Commitment is described as fdkyws:
ALL the following desc~ed real estate lying and being situate in Nor9r Newton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGNiNING at a point in rxntedine of PA Route 641; thence along Lot Na 22 on said Plan, South 03 degrees 28
minutes 00 seconds West, 330 feet to a point; thence abng Lots 22 and 23 South (errarreousy stated as North
on previous deed) 86 degrees 34 minutes 05 seconds East (en~oneousy stated as West on previous deed)
238.07 feet to a point; thence abng lands now or formerly of Lloyd G. Singer, South 24 degrees 04 minute 20
seconds West 375.50 feet to a point; thence stW abng the same, South 34 degrees 25 mkrutes 30 seconds
East. 148.02 fed to a stone; thence along lands now or formerly of Richard Jenks, South 85 degrees 49 minutes
30 secards West, 390.40 feet to a point; thence abng Lot No. 20, Nath Ot3 degrees 28 mktutes 00 seconds
East, 977.80 fed to a pokrt In centedlne of PA Route 841; thence along centerOne of PA Route 841, South 86
degrees 34 minutes (erroneousy stated as 54 minutes on previous deed) 05 secarKts East, 150 feet to a point.
the place of BEGINNING.
CONTAINING 5.254 acres
BEING designated as Lot No. 21 on a plan of lots of North Newton Manor, prepared by Rodney Lee pecker,
R.P.L.S., dated June 8, 1989, and recorded in the Cumberland County, PA, Deed Book Vdume 58, Pape 109
1 Certify this to be t~ecora~
]n Cumt~t:1•!and Cattnty A~4
.7 •~•.
Recorder of Deeds
ALTA OommilrtNnt
ScJudula C
(RANS4-0S.PFGfRANSs-05/2)
Bit t 90 t PG4300
VERIFICATION
1 ftoberl Martins Speciai~st (title),
authorized representative of Plaintiff depose and say subject to the penalties of 18 Pa.C.S.A., sec.
4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing
pleading are true and correct to the best of my information, knowledge and belief.
Zucker, Goldberg & Ackerman, LLC
FCP-121308
FiL~D-;~=riC~
4F THE E~:~~'Nw~c~~~Y
2~a~ age i ~ ~n ~ ~: ~+~
1~~'~ ~~~ sd ~J
~,~.~- a a~63~
~~1~ X73571/
js j '~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2005-
WL1,
Plaintiff,
vs.
George H. Randall, III
Defendants.
CIVIL DIVISION
NO.: 09-2265
Sheriff Sale #:
TYPE OF PLEADING
Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF
SERVICE OF DEFENDANT/OWNER AND
OTHER PARTIES OF INTEREST
CODE:
FILED ON BEHALF OF:
Deutsche Bank National Trust Compan~as
Trustee for Long Beach Mortg_a~e Loan Trust
2005-WL1
COUNSEL OF RECORD FOR THIS
PARTY:
ZUCKER, GOLDBERG & ACKERMAN, LLC
Scott A. Dietterick, Esquire PA I.D. #55650
Kimberly A. Bonner, Esquire- PA I.D. #89705
Joel A. Ackerman, Esquire- PA I.D. #202729
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
(908) 233-8500
(908) 233-1390 FAX
officenzucker oldber .com
File No.: FCP- 121308/ml
Zucker, Goldberg & Ackerman, LLC
FCP-121308
:-~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2005-
WL1,
CIVIL DIVISION
N0.:09-2265
Plaintiff,
vs.
George H. Randall, III
Defendant.
Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF
DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST
I, Marie Lindner, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC,
attorneys for Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach
Mortgage Loan Trust 2005-WL1, being duly sworn according to law depose and make the
following Affidavit regarding the service of Plaintiff s Notice of Sheriff's Sale of Real Property
in this matter on Defendant/Owner and Other Parties of Interest as follows:
Defendant, George H. Randall III, is the record owner of the real property.
2. On or about 10/13/09, George H. Randall III, was served with Plaintiff's Notice
of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of
Cumberland County, at 16 Hope Drive, Boiling Springs, PA. A true and correct copy of said
Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof.
3. On or about 10/22/09, Plaintiff s counsel served all other parties in interest with
Plaintiff s Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129.1, via
First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of
said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part
hereof.
Zucker, Goldberg & Ackerman, LLC
FCP-121308
Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties
of Interest were served with Plaintiff s Notice of Sheriffls Sale of Real Property in accordance
with Pa.R.C.P. 3129.2.
ZUCKER, GOLDBERG & ACKERMAN, LLC
Attorneys for Plaintiff
Dated: November 5, 2009
_ ~
« vx~ ~x~~
MARIE LIND ER
Paralegal/Legal Assistant
Sworn to and subscribed before ~
ovember, 200
Notary
MY COMNTI5S`LbN EXPIRES:
OamaRelte Geffrard
A NOTARY PUBLIC rO~F N~EW~JE~20s 9
My commision ~
Zucker, Goldberg & Ackerman, LLC
FCP-121308
•t
Sheriff s Office of Cumberland County
R Thomas Kline
Sheriff at 4atart#tt~c~.
v~ ~titax~ frr~
Ronny R Anderson
Chief Deputy r* _
~'~~
Jody S Smith ~•
Civil Process Sergea+zt of-•i~,~ ~K =~"_- e K~~~~F
Edward L Schorpp
Solicitor
Deutsche Bank National Trust Company
vs.
George H Randall, II1
Case Number
2009-2265
SHERIFF'S RETURN OF SERVICE
09/25/2009 06:20 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to ]aw, states that on 9/25109 ai
1817 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 George H. Randall, III located at, 1160 Greenspring Road,
Newville, Cumberland County, Pennsylvania according to law.
10/13!2009 09:00 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10/13/09
at 2100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: George H. Randall, II1, by making known
unto,Gearge H. Randall, III, personally, at, 16 Hope Drive, Boiling Springs, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
,
, IN THE COURT 0~ COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CIVIL DIVISION
TRUSTEE FOR LONG BEACH MORTGAGE LOAN
TRUST 2005-WL1, NO.: 09-2265
Plaintiff, ,
vs. .
George H. Randall, III
Defendant.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANTTO
PENNSYLVANIA RULE OF inIVIL PROCEDURE 3129
~ •-
George N. Randall, ill
i16DGreenspringRoad ! 7160 390b 9848 345 6694
Newville, PA 17241 ~ ~ ~ ~ ~ ~
TAKE NOTICE:
~2130~
That the Sheriff's Sale of Real Property {Real Estate) will be held at the Cumberland
County Courthouse, l Courthouse.$quare, Carlisle, PA 17013 on 12/09/2009 at 10:OOam
prevailing local time.
THE PROPERTY TO BE SOLO is delineated in detail in a legal description consisting of a
statement of the measured boundaries of the property, together with a brief mention of the
buildings and any other maJor improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOGATION of your property to be sold is:
1160 Greenspring Road, Newville, PA, 17241
The JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 09-2265
THE NAME{S) OF THE OWNER(S) OR REPUTED OWNER(S) OFTHIS PROPERTY ARE:
.George. H. Randall, III
Zucker, Goldberg & Ackerman, LLC
PCP-121368
A SCHEDULE OF DISTRIBUTION, being'~a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities
that are owed taxesj, will be filed by the Sheriff thirty (3oj days after the sale, and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it, within ten (10j days of the date it is filed. Information about
the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of
Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387.
THIS PAPER 15 A NOTICE OFTHE TIME AND PLACE OF THE SALE OF YOUR PROPERTY
It has been issued because there is a Judgment against you. It may cause your property
to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you mere specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE
OFFICE SET FORTH i3ELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE w~
Lawyer Referral Service of the Cumberland
County Bar Association
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (8ooj 990-9108
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE•
1. You may file a petition with the Court of Common Pleas of Cumberland
County to open the Judgment if you have a meritorious defense against the
person or company that has entered judgment against you. You may also file a
petition with the same Court if you are aware of a legal defect In the obligation
or the procedure used against you.
2. After the Sheriff s Saie, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed before
the Sheriffs Deed is delivered.
;. ~,. .
Zucker, Ooldberg & Ackerman, LLC
FCP-121308
e
3. A petition or petitions raising the legal Issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pieas of
Cumberland County. The petition must be served on the attorney for the
creditor or on the creditor before presentation to the Court and a proposed
order or rule must be attached to the petition. If a specific return date is
desired, such date must be obtained from the Court Administrator's Office,
Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-
3387, before presentation of the petition to the Court.
ZUCKER G(~Lf~B~F~,(i~&1A~KERMAN, LLC
Dated: July 29, 2009 gY; < <~ti~'.~/
.~~
Scott A. D1e rick, Esquire; PA I.D. #55650
Kimberly A. 13vnner, Esquire; PA.I.D. #89705
Eric Santos, Esquire; PA I.D. #201493
Joei A. Ackerman, Esquire; PA i.D. #202729
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
Fife No.: FCP-121308
(908) 233-8500; {908} 233-1390 FAX
VIA CERTIFIED MAIL, RETURN RECEIiPT REQUESTED
AND
VIA PERSONAL SERVICE BY TAE SHERIFF OF CUMBERLAND CO.
Zucker, Goldberg & Ackerman, LLC
FCP-] 2I308
Exhibit "A"
LEGAL DESCRIPTION
A>~L THE FOLLOWING DESCRIBED REAL ESTATE LYING AND BEING SITUATE IN NORTH NEWTON
TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 1N CENTERLINE OF PA ROUTE 641; THENCE ALONG LOTNO.22 ON SAID PLAN,
SOUTH 03DEGREES 26 MINUTES 00 SECONDS WEST, 330 FEET TO A POINT; THENCE ALONG LOTS 22 AND 23
SOUTH (ERRONEOUSLY STATED AS NORTH ON PREVIOUS DEED) 86 DEGREES 34 MINUTES 05 SECONDS
BAST (ERRONEOUSLY STATES AS WEST ON PREVIOUS DEED) 238.07 FEET TO A POINT; THENCE ALONG
LANDS NOW OR FORMERLY OF LLOYD G. SINGER, SOUTH 24 DEGREES 04 MINUTES 20 SECONDS WEST
375.50 FEET TO A POINT; THENCE STILL ALONG THE SAME, SOUTH 34 DEGREES 25 MINUTES 30 SECONDS
EAST, ]46.02 FEET TO A STONB; THENCE ALONG LANDS NOW OR FORMERLY OF RICHARD JENKS, SOUTH 65
DEGREES 49 MINU'T`ES 30 SECONDS WEST, 390.40 FEET TO A POINT; THENCE ALONG LOT N0.20, NORTH 03
DEGREES 26 MINUTES 00 SECONDS EAST, 977.60 FEET TO A POINT TN CENTERLINE OF PA ROUTE 641;
THENCE ALONG CENTERLINE OF PA ROUTE 641, SOUTH 86 DEGREES 34 MIMJTES (ERRONEOUSLY STATED
AS 54 MiM1TES ON PREVIOUS DEED) OS SECONDS EAST, 150 FEET TO A POINT, THE PLACE OF BEGINNING.
CONTAINING 5.254 ACRES BEING DESIGNATES AS LOT N0.21 ON A PLAN OF LOTS OF ]NORTH NEWTON
MANOR, PREPARED BY RODNEY LEE DECKER, R.P.L.S., DATED JUNE 8,1989, AND RECORDED IN THE
CUMBERLAND COUNTY, PA, DEED BOOK VOLUME 58, PAGE 109.
HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 17.60 GREENSPRING
ROAD, NEWVILLE, PA, 17241.
BEING THE SAME PREMISES WHICH MARK S. PETRUNAK AND KAREN L. .
PETRUNAK, F/K/A KAREN L. BYERLY, HIS WIFE, BY DEED DATED MARCH 29, 2005 AND RECORDED MARCH 31, 2005
IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 76$, PAGE $73, GRANTED AND
CONVEYED UNTO GEORGE H. RANDALL Ili, SINGLE MAN.
TAX MAP N0.:.30-08-0597-076
Zacker, Goldberg & Ackern-an, LLC
'FCP-12 ! 308
EXHIBIT B
Zucker, Goldberg & Ackerman, LLC
FCP-121308
UN/TEDSFdTES
!'05T4LSERVIE~
This Certifiate of Mailing provides evidence that mail hu bean presented to USPS®for mailing. This form m
and international mail.
From: Scott A. Dietterick, Esquire
c/o Zucker, Goldberg & Ackerman, LLC
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02 iM ~ ~'~.10~
` 0004282036 OCT 22 2009
MAIIEDFROMZIPCODE 07092
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
FCP-12 i 308/jde
T°~ PNC BANK NATIONAL ASSOCIATION Postmark Here
MAIL STOP PS-PCLC-O1--1,
2730 LIBERTY AVENUE,
PITTSBURGH PA 15222
County of P.Q.: CUMBERLAND ~~-(F!E
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PS Form 3817, Apri12007 PSN 7530-02-000-9065
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Pram: Scott A. Dietterick, Esquire 0004282036 txT 2z 2009
MAIIFD FROM ZIPCODE 07092
c/o Zucker, Goldberg & Ackerman, LLC
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
FCP-121308/jde ~~~FIE^Lp ~~
T°` CUMBERLAND COUNTY TAX CLAIM BUREAU ~ P° ~/
Cumberland County Courthouse t~~~ ~, 2
One Courthouse Square
Cazlisle, PA 17013 c~•
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County of P.Q.: CUMBERLAND
PS Form 3817, April 2007 PSN 7530-02-000-9065
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T°` COMMONWEALTH OF PENNSYLVANIA PostrnarkHero
DEPARTMENT OF WELFARE ~S-~F~E~I~ ti~
P.O. Box 2675 ~ ~~
Harrisburg, PA 17105 ~s~~ ~ ~ ~
County of P.Q.: CUMBERLAND ~ f
PS Form 381?, April 2007 PSN 7530-02-000-9065 ~ `---~ R4 ,£~~
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MAILEDFRflMZIPCODE 07092
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
FCP-121308/jde
T°` CUMBERLAND COUNTY DOMESTIC RELATIONS PosbnarkHorc
OFFICE
Domestic Relations Section
13 N. Hanover Street
PO Box 320
Carlisle, PA 17013
County of P.Q.: CUMBERLAND
PS Form 3817, April 2007 PSN 7530-02-OOOA065
Page 2 of 4
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end intemation8 mail,
Frem: Scott A. Dietterick, Esquire
c% Zucker, Goldberg & Ackerman, LLC
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
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T°' PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION P0~"~k Here
Dept. 280601
Harrisburg, PA 17128-0601
County of P.Q.: CUMBERLAND
PS Form 3817, April 2007 PSN 7530-02-000-9065
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c/o Zucker, Goldberg. & Ackerman, LLC
200 Sheffield Street, Suite 301
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FCP-121308/jde
''°` UNKNOWN TENANT OR TENANTS Postmark Here
1160 Greenspring Road
Nevwille, PA 17241
County of P.Q.: CUMBERLAND
FS Form 3817, April 2007 PSN 7530-02-000-9065
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and interosdonal mail.
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c/o Zucker, Goldberg & Ackerman, LLC
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
FCP-121308/jde
T°' UNKNOWN SPOUSE
1160 Greenspring Road
Nevwille, PA 17241
County of P.Q.: CUMBERLAND
PS Form 3817, Apri12007 PSN 7530.02-000-9065
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0004282036 OCT 22 2009
MAl1,.ED FROM ZIP CODE 07082
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Page4of4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2005-
WL1,
CIVIL DIVISION
N0.:09-2265
Plaintiff,
vs.
George H. Randall, III
Defendant.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: '
CUMBERLAND COUNTY TAX CLAIM
BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
UNKNOWN SPOUSE
1160 Greenspring Road
Newville, PA 17241
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF WELFARE
P.O. Box 2675
Harrisburg, PA 17105
UNKNOWN TENANT OR TENANTS
1160 Greenspring Road
Newville, PA 17241
PNC BANK NATIONAL ASSOCIATION
MAIL STOP PS-PCLC-O1--1,
2730 LIBERTY AVENUE,
PITTSBURGH PA 15222
PA DEPT. OF REVENUE-
INHERITANCE TAX DIVISION
Dept. 280601
Harrisburg, PA 17128-0601
CUMBERLAND COUNTY DOMESTIC
RELATIONS OFFICE
Domestic Relations Section
13 N. Hanover Street
PO Box 320
Carlisle, PA 17013
Zucker, Goldberg & Ackerman, LLC
FCP-121308
121308D 1004C 10222009P 1
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in:
the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
On 12/09/2009 at 10:00am, the following described real estate which George H. Randall III,
single man are the owners or reputed owners and on which you may hold a lien or have an
interest which could be affected by the sale of:
1160 Greenspring Road,
Newville, PA 17241
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
Zucker, Goldberg & Ackerman, LLC
FCP-121308
121308D1004C10222009P2
The said Writ of Execution has been issued on a judgment in the action of
Deutsche Bank National Trust Company, as
Trustee for Long Beach Mortgage Loan Trust
2005-WL1
Plaintiff
vs.
George H. Randall, III, et al
Defendant(s)
at EX. NO. 09-2265 in the amount of $166179.95 plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
ZUGKER GOLDBERG 8c ACKERhfIAN LLC
Dated: October 22, 2009 BY'
Scott A. Dietterick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
File No.: FCP-121308
(908) 233-8500; (908) 233-1390 FAX
Zucker, Goldberg & Ackerman, LLC
FCP-121308
121308D1004C10222009P3
Exhibit "A"
LEGAL DESCRIPTION
ALL THE FOLLOWING DESCRIBED REAL ESTATE LYING AND BEING SITUATE IN NORTH NEWTON
TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN CENTERLINE OF PA ROUTE 641; THENCE ALONG LOT NO. 22 ON SAID
PLAN, SOUTH 03DEGREES 26 MINUTES 00 SECONDS WEST, 330 FEET TO A POINT; THENCE ALONG
LOTS 22 AND 23 SOUTH (ERRONEOUSLY STATED AS NORTH ON PREVIOUS DEED) 86 DEGREES 34
MINUTES OS SECONDS EAST (ERRONEOUSLY STATES AS WEST ON PREVIOUS DEED) 238.07 FEET
TO A POINT; THENCE ALONG LANDS NOW OR FORMERLY OF LLOYD G. SINGER, SOUTH 24
DEGREES 04 MINUTES 20 SECONDS WEST 375.50 FEET TO A POINT; THENCE STILL ALONG THE
SAME, SOUTH 34 DEGREES 25 MINUTES 30 SECONDS EAST, 146.02 FEET TO A STONE; THENCE
ALONG LANDS NOW OR FORMERLY OF RICHARD JENKS, SOUTH 65 DEGREES 49 MINUTES 30
SECONDS WEST, 390.40 FEET TO A POINT; THENCE ALONG LOT NO. 20, NORTH 03 DEGREES 26
MINUTES 00 SECONDS EAST, 977.60 FEET TO A POINT IN CENTERLINE OF PA ROUTE 641; THENCE
ALONG CENTERLINE OF PA ROUTE 641, SOUTH 86 DEGREES 34 MINUTES (ERRONEOUSLY STATED
AS 54 MINUTES ON PREVIOUS DEED) OS SECONDS EAST, 150 FEET TO A POINT, THE PLACE OF
BEGINNING. CONTAINING 5.254 ACRES BEING DESIGNATES AS LOT NO. 21 ON A PLAN OF LOTS OF
NORTH NEWTON MANOR, PREPARED BY RODNEY LEE DECKER, R.P.L. S., DATED JUNE 8, 1989, AND
RECORDED IN THE CUMBERLAND COUNTY, PA, DEED BOOK VOLUME 58, PAGE 109.
HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND
NUMBERED AS 1160 GREENSPRING ROAD, NEWVILLE, PA, 17241.
BEING THE SAME PREMISES WHICH MARK S. PETRUNAK AND KAREN L.
PETRUNAK, F/K/A KAREN L. BYERLY, HIS WIFE, BY DEED DATED MARCH 29, 2005
AND RECORDED MARCH 31, 2005 IN AND FOR CUMBERLAND COUNTY,
PENNSYLVANIA, 1N DEED BOOK VOLUME 268, PAGE 873, GRANTED AND
CONVEYED UNTO GEORGE H. RANDALL III, SINGLE MAN.
TAX MAP NO.: 30-08-0597-076
Zucker, Goldberg & Ackerman, LLC
«Field2»-«Field 1»
«Field 1 »D 1004C02I12/2008P4
~I' C[' i ,
i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which LONG BEACH MTG LOAN TRUST 2005-WL1 TR is the grantee the
same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ
Execution issued on the 6TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said
County as of Civil Term, 2009 Number 2265, at the suit of LONG BEACH MTG LOAN TRUST 2005-
WL1 TR against GEORGE H RANDALL III is duly recorded as Instrument Number 201020086.
IN TESTIMONY WHEREOF, I have hex~unto set my hand
a}~seal of said office this ~ ---~-- day of
A.D. ~ O /D