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HomeMy WebLinkAbout09-7848SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036632 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2005-2 CUMBERLAND COUNTY PLAINTIFF nn ( VS. NO: ; ?- Kevin L. Miller 551 North Enola Drive Enola, PA 17025 Annette C. Miller 551 North Enola Drive Enola, PA 17025 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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 USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036632 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2005-2 CUMBERLAND COUNTY PLAINTIFF ' .7- NO: ©q vs. Kevin L. Miller 551 North Enola Drive Enola, PA 17025 Annette C. Miller 551 North Enola Drive Enola, PA 17025 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2, the address of which is, 7255 Baymeadows Way, Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Long Beach Mortgage Company Mortgagor s : )Kevin L. Miller and Annette C. Miller (b) Date of Mortgage: December 22, 2004 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1893, Page 4064 Date: January 7, 2004 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) Assig_ ments: Assignor: JPMorgan Chase Bank, National Association suiccessor in interest to Washington Mutual Bank successor in interest to Long Beach Mortgage Company Assignee: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 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 551 North Enola Drive, Enola, Pa 17025 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 names and mailing addresses of the Defendants are: Kevin L. Miller, 551 North Enola Drive, Enola, PA 17025 Annette C. Miller, 551 North Enola Drive, Enola, PA 17025 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 July 1, 2009 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 October 31, 2009: Principal Balance Due $173,522.26 Interest Currently Due and Owing at 7.9% From June 1, 2009 to October 31, 2009 $5,746.68 Late Charges $1,658.56 Escrow Advances $6,296.45 Property Inspection $94.85 Title Report Fee $250.00 Attorney Fees & Costs of Foreclosure $5,000.00 $192,568.80 9. Interest accrues at a per diem rate of $37.56 each day after October 31, 2009, 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 Sheriffs 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 §M., 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, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 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. SHAPIRO & DeNARDO, LLC Date: BY: Attorneys for Plaintiff S & D File No. 09-036632 . q-?-) 1? 0 0 VA= recorded. mail to: 7'::IL rl When r oorded, please return to: LONG mm= MORTGAGE COt+IPANX • PA Settlement SO(wims, Ino, • • - . P.O. BOX 201063 One Parkway Center, Suite 201 STOCKTON,CA93202 2io-J flf111 30 Pittsburgh PA 15220 Loan No. 6362799-7909 Paroal Nmbert? 7p?] 2 QT /2 ?? 7???7?Ab v*TWoLL-9w11 n466a al MORTGAGE THIS MORTGAGE Clem* fas umftO is given on Det ember 22, 20(4 The mortgagor is KEVIN L MILLER AND ANNE rE C MILLER HUSBAND AND WIFE ("Borrower"). This Security Inabvmcm Is Bivm to LONG BRACH MORTGAGE COMPANY wWak is arpAl ed and unk8ng under 0te laws oNbe Sum of Delaware . and w1>a1s address is 1480 S, DODULASS AD., VXTE 100, ANAHBfM, CA 929M ("Leader"). Bonawer owes Lander die princfpat sum of One JilmdrW H'igbty T wesand Nve bemired and uWIW Dollars (U S. S 180,500.00 ). This debt is evidenced by Dorrowees cols dated the dame dam as *k 8aawdtylasbnmeat(94oW% wbLah provides for maedrtypayments, wilt the Itt11 debt, itaot pald eari[e; On and payable on Immy t , 2035 We seourby Inca sueot securer to Leader: (a) dm repsymeatof itu debt evWeNxdby *s Nate, wWr hrleres; and all wwwak, odwasim ad modiaesdoms of the Nate: (b) the payment of All otkar sums, whh intemek edvamod uodar pasa¢aph 7 to prowat do security of this Saamity taahumaat; and (a) tbo pah maoee of Baa ~s aovomm and spaemenu under this, Esataity fnamasmes and the Now. For side pmpask Horan m does bamby mertaaga, great and convey to Leader the lbllow inn detotl6ad papacy located in CLM BBRI.AND County. Pmmsylvaoia; LEGAL DESCM11014 ATTACHED Y tO ANA MADE A PART HEREOF ww* bas on address of 331 N BNOLA DkvE Pe?dt?sda t70?Qn3 _ ?jyw 1 T WWW17=3 "Mdl 11A TWAIP&MU'saarraacaraa?s.taopswa, f?ef" LNGLA Op Cody Chap" Addreas"); laa«L CfrA 41,,/? -?-, fiC/. 6K 1893PG40-64 Eyhi h.'+ " F? E„? ,and all scummit; mama and TOGKMM W= in Wt ka avemamis now or YeessAn a and d an the propaq+ aLo Sedu?ity finums now air bussltcr a put of the gm . All stpleoe and .dam be to i6y ddg Iatrmmax All of the tlls i.:efevtad to in able 80osrftY Iosbambl as tlu BcnOwMt COV 9 6m Burrawer Is 4wfidly saved ofdw ware=eoaveyad nod bad* dShl to nwrlae, gtmt lad cattvey t6s PmparH and Oat t6a Property b Imanoambersd, 0meept lov cwwI t "Os Of roeaed SU Mtir WAINO a and wW ddW derv tide to as; PmpaW apimd all dmhm end deasawk, nijtet to any anslebdeste of record. Two oombkm vW bm eaueaseas for astioaal me said now s libm oovexam with limited vsrtatloos *judauction to can dimle a vmwxm ttex,tiity imtrtmmt coVeft real properly. UNMVRM COVMQ.)TlJ. HonowetaodLcndero4vewuataadageaaafbtrawl f. Ps"mt of Prbdpd and IdarU4 Pnpa sled Late attleyn, Own wet drat! pmmpdy pa %to clue tbo p l of and bdaad as do debt svWgwM by der NoM and may peepq cart cad lees a>w?C dm rndst>fte I?lote i. Few% row Tara add romancer. Subject to ondabW law m to a rrilttes waiver by Lv4de4 Hanow AA pay to Imdw an air day wAnddy psymmus tore do* tender der NMe, US do Note is paid is 14 a term lea (1) Yeady moos sad tdsassmantcvlAdcl cosy attb pdwiH arverilb Sepsity Lutruo>rmt et a IieO as 16e Traprajr, (b) Orwoad !tact a lks hopeaty. if u , (O) beard a propuay IoWrsnea pmoslawk (d)y-W irawy; t? yam otaet?epe ' pdudmt. WNW, ant (f) smr curler payable by bMUM to Leader. to saeotdsmee vita iLa pttrddaar- d'praptpfi a is Nee artlw PaY ! i3ae Mows on vaned 98saww b kaLv Ltmdsr mey, at ay ttmq amllaoa and Loki racier is as .cetera eat m exceed amt aultiesttm smovmt a Irodar IN a Odosally rauvd taonisN loo mry regatrs for Bermwer's a.aow aoopatnaider dr dtdstd Bed Em a Addlassaa Praoadoms Act of 1974 a smearled lrm time b Hma 12 U.S.C section 269t u ("R86PA"), nalsss xw*w law dot applies to Go Pooda sue t krnr aaooat i! w, Laadar may, u say tiaras. aotleu and t?ttsda ip as nmatad act to WOW the (over SMAL Lender stay esdmm We amount of Ptmda Was as the Male oatrau data and seawaeWa sadm.as of expeodiwns of Acme Bearesv Ieastt or ot6ertelsa to maomdsmee vsbt6 applteabla hw. t1s tMds :ball be Laid is am iasdbdioai w1o1e deposit aro iawnad bl/ a federal alemy, imobeosntsi . or swty (incla ft lAaft, if Levier Is ach as iaetitoutIowa) a in say rodard Romp Loan 8sak L=Rkr stallt?p?y tin Portia b pay tbE Ew ww Itsma. Lu der wAy not ebup Bmrmwar for haidhrt and spplylog #wFemale, mmelty ssnlyzlig9r aceeow moaotmt, or verifying do am" Itrmas, Unless Lender pays Bwmwar lntaest on Wes Panda and spplit" law peach Lmdw m cape such m c%qp. Howavac IAmder may squire l3aemw er to pay a coadma abet=s Art am Imdgasmdeaitrod odds: tax ropordus unico o W by Lemdw b oo®adlon whk We roam, unku applicable law pwWu addov ea. Uslaw an apaemed L toads or appdaabla Iaw regrdoo bkemat to be paid. I e:alor sbA out ba regabsd to pay eoawm any bat w of wimp on 160 Ponila. Bmwurer cad Lander may aptse in wdtlag bdwavet, WM iaturit abaU be pidd oe air Eeads [ aisdo s6dt on to DMWNQ wideout fie, as annut aeoouoflq or im Pala, durvAng ftWi v ad dtbbs m dw Poode sad the pat o Aar *M& eerie debk to die itatds was enada. no lFm3As we pted®td u ad rod,boob!!/ ?t an aver samara by t h 18 antsy ulm msm. Irdw V mda bald by Leader esaeedAm sntoartht psdstllW to be bald by a?iahl9 taiw. Lm der doll sommat to Batvowu For die ansu rands In ammmdsaoerrlth Wes o[ appNoaLla law >I aaawat or tba Elsodt bold by Laadmr rot any dm Is not dew m pay able Escrow Items under may sa now Bouvow to WeAlmg, sad, in web oven Borrower shall pay to Ladar do twmd moscatuy to male up ft d4ohlmny. Burewa aW archer up the detbalany In m race Wan twelve moo" poymculs, st 1 6 sole disat a. Upon ppaaymest in Ail of all tams ucured by tWe Stsmarky Iapnmsaa6 Laodnr chaff proatplly sefwd to Bormvhw any Funds Wd 6p Lsadar If, mtdw paragraph Zl Lander shat! acgmt<e or ads 66 Leader. prior to ihs acquisition or nle of the Paper% dolt apply coy Ponds Leld by Loader at the timer of atyaldda or ale as a as& spied the tams sccarad by thil 3?A lwsuuwL et Plyza 66L Ualm appiiable law provides omavake, A psy msaesmodvadby Y emderu der parspsom 1 cad z dwU be appSmA 8rt„ to dmmd der v e t do Neer sassed, in smwam priomm and= p wgmh 2. b idergt dtwl lbairl4, tai Ned tas4 m .?, ley alas u.am t6. Naita ?,. CMsrpsi IJau. bnsrowtrrs Y pay e? react. ssaawmeaiY,? Haas Ned 6aposidom aWWitubk to the PrapprtY urhtah may mtttdr ptiaity ores this Seotaity Fmtbemeat, said t.saLohl paysaaate of remu, tE so1 % Boaovrae taco pay than obilOatian io the manmsrpitovtded io pawyap6 ]. err if cot pwld b Wd auoMa.?Haa t?ovver slater pafl thm aai throe ?aotiy to dye pstwa trtrM paymud. Itosrower titer!! promptly Aaialsh b tAadif dl trtima of assoeat b be paid tamdt: tbk pmaeotaph. ,to.. mites Wear payment dhaotly, titxmWa shall promptly Atmltit a Lestdaeremipts avhWaiom{ 160 paiymsait 4 ft4 WAi NOW n.s"srr ftm Nee Lose ha 636679 ? rorwrtorsm"Pe AZ- Rew Bt1893PG406S Burrower shall promptly dhobargc any line which has peaW Ow this 8ec?rity bAumeat Owen Boner"m ( Beim in writing to the payment of the a nosed by the Ibo in a mmm b Louden, (b) oaaindn in good the Ufa byL of dsfmdc gwnst eaftotmeat of the Um in, legal ptoacdo? ?Wa t.*.,s "W" Spoon to Fend 6, ;;6;smem of the Rea: or (9) secures from the bolder of t tine an opmemaatanNnboory to Leader sbudsoft the Um to this stnft beepan aL It [.aader daoomiaa the nay pmt of ft PwpatY is eal*4 m a 11m vrhiel COW 60" ptiae&y OW this llooorky Ieelnummu , Leader may give Romm r a dogm Weadbiog the lion. Bmtowur d mW rids 60 One or take we or mono of ibe anion- sat kWh above wbWW 10 days of die =iviag of aadam yJ i blessed at' PrSpSfty Imuranm Bmmou sting ksW the Improvaasm tow ea db* of baaAo irk on. So Propaq hooped aW'tO1 t has by flee, baxarda haotnded wA t to tarn %xteadnd cavmgno' sad aq cow knuds, lualudng elooals or fbl rrtaiah I aedtr tn4i16es lamoamm This insurance *no be maintained in the aaomu ad for As paiade that leaner n Tb6 immw4c msnr providGat eke Intmwo stoR be almtm by Bomwar subject m radars mpaval wtstok chap cart be umossaaaWy wtthhebL It 8ottosver tags to nniWtn drsmRied above. Laada vy', st T enders option, obtsie novlaape m protect J.endare tights is the Propatty In acoardautaa? ptaasmph 7. All losmanao p*Ktb& and xasawals Ad be seetpWor to Loodur and d4 b obdo a needed mmlysge chew. Leader shall have do stht to told dig polift sod raowetle tfLaoder ngvivw, 8orww0r shay proasplgr *a to Lauder ap m olpn of p.id?rang-and mnsl aodee.. fn tlr avert of lmk Borrow shag tM prompt amba m Via iaumm aarder and Lander. Gadar ay stake proof of teas If Sot made promptly by Bomww Uadas LtOdat ad Barrnwrar SWAT O epee to tmuwnoa pec ode SW be sppiild to ruEotltlae or mpok of the Peopatty dppagnd, Iftho WANG ea or repsk b caommtoodyhoolbloand Laeda'e swd*y b not teamed. IF the resmradm or by ttrk Iw4tarha< a not wWa any axeua paid m DWWW if lloreom ahapdnea the Nifte not oaoimpwowr ImalOpm dnrs securitmsu e lammed, do iast saam proceeds am ba apt" to d o sums , a ikowc waln a aodos tr Ant htasaaooa ender kafhrod a scab a Slam. thin ay satNrarada Leader m wtvm do pap" Its a (e klwe per vxm try ems oWOmthor a not the sa peBurrotwtx upax itatq/ of p aaaads to ptb*d " not extend ar the I A - ofIhs ge , If Ae dthe rayaer>da rslb1 sad 2 a otr.ga mg apk topattrdl by Lamde to amy toaarrtea Pali" and p mosuds m del from te the Palm to itlat shaft pder m the extant of the Wets seamed by tbls8wmi ey lmWvvmt in mlyptiormtheempkidm L Oadtpale", PraprYsWn, 1Nalotenaoee and Protection of the Prspartyl BorrovRes Loan ApptieaHoai Lssaahetds.130 sawn Ad eoaaPl, mublish, and um the PiopwW as Bormwuh priodpal raaldaeewahio shay days alter the umaadon of tbbt Ica=* rbbamtot and shat OOaHnaa to aoaupy ibe hupttty isBoaomrs pviooipsl nddem far at ketone yea attar do deb of oowpenay, unless ixeda o"Viss agues In wades, which ataWd shat not be mausasbiy WiWhdd, a toter anamudog oheumateoue Sudat which are bayed Bmemes tonW. Burrower shag net d d , idataapp0 m impair the ?mpanp. whey the "mW m datmimalo, or mo nnit waste on dw ?Y, Barowa &a8 be is N ibrlbintto l WAWs good hft judgment could result in fm6dlms of ffia aedos a pmeaoi ft r r civil or mlOdwi, in bona that in, ? aurae m such a do" tad nMmtk AS p wMW in p uspaph Is, by a?ag the aatlm a pioao ft to be dead wNb a mHas that, Lt Lenders good filth dnm Aadt% Oda for6daaa of She aomwees bdmcst is tine YmperV a OAer fopaiaaaat of the am amid by We Unrl ramem at Laders wauity h moo Bomar doR also be he 4W" if BwmwC, dudes the teen appRoolim pwu% some mskuk* lbw at lMccumteishommid0o or owedaaafto Loader (er had to i WWO Leader with saay? maalaial in is cooamim with the lose evideaoadby the Nate, baShlft het not i mW m, aapmt0otsotet e0aoesaia8 eoeowars oooupaoa) of" ?cap" an a pda*d tdidwm Heeds 3 'rj fo*w d h ate t kraehdd, ]paatavrer Shill tompiy wah ail rho prov(daaa of Mss leave. If Bow nevim fsa tilde to eke pmpmty, the Imwbotd and the he life slug "mum uAW Leader fe do mara' to taddng. 7. Preaad.. dLnda'r Biph the Property. If tormwver than to pWIM ate eove:oaaa nail tepdeam0ats eopufoed is this 6aonrity inkatgatt, or dusm to ¦ Inge prooadlap that may dpd&amly sad I.aaders IN rho Propmty (gab a a pcomoft In bwAmw Y. probus, tar nmdameadmar mrhftn or to cu*no Im a ibm Loader wy do and pay hr wbatswr is aeeaney to protect the valve of dm Ytaoperly ad Ludo es iII Yaeptrty. Lasdet's mama may Include pgkg may alma moveod by a Ron w" hen pia ft ow this 390* imbammS appoaiag in ogof, pVft renomMe smapeye' Sees and mtadng on the Pm" to mars repoks. Altheasb Loader my take soft under Ilia paaaigaph 7, Leader done ant have to do m 41%;;nIP/) 05121 M:1.07 ?.J? IWAs puraee K Leon No. OM79&*O ?,lM tM UK 1893PG4066 A" smosak dWvjbod by Candor unda &h puslirepb 7 (bell beoaae additional debt of Beteawer nueseed by this Sir broumaat Unieu Boaawa and C-0adar Ww: to otbor lame of payomt, lbao w ansou dA bat bdmn* fife the data of dkbwasasont at 4u Nda no end shall In piYAbk Wim lew c neon nofte fiom Lmdw to 130a0wor toquestiog Marldoeo bounties. tf Loader "feted wortgaga firahanoa a m cou Wan ofcold" fis too mourod by this 8sowby lastnmeet. Bmrowrr Anti pay lbo pmmhms mpelead to msinesk the montage Wheraaco to clOWL 14 foe any rassae, Asa Auk dig gie lw w ? mq*W by Lcodcr lwm or mum to be In o5k% Bwmww .hail pay the s Ngdmd to oq*Wm q des wooppa lap weece pralrtott>ly in dfA a a anti ewbeelavilaft agsAvatsw to tba mo cost to Boaosae often Cmttawa bawwsco psaviowly is tdibo4 fiao an alutuab suarip a leaaar sppr ovad by LawkL if abggeoge ly ogdvatea tonet"s iCarsaoe ooweago is not ovabbla, Bonowa Anti pay to Latdur sad( man* a som age! to oorrtMBW et 14a yarsy watlaga btaa..oe proseI bdul poldby Bosowa wtas tba iembaaea tinvmpa bpwd or Cased to bat is odkat. C.andar wW mtwapt, on and PA 40 ulna ymp* 0 a toes eeservs In lac of mom bWANaa. LOU eetava paywatl0t way ne helot be *OMIL nit hta e- us oC.ssalay if mom itaataCSC covasgv (in tdev wdrod and liar tbo period that Linda stgahtia) l¢OVtdad byes lower approved by Lwde alder bearmu LvaUsbia aaaadd b ebtdaed soremrr abtli pay the prcCdama rsgdeed to mabeutnmtttipga baQSaos is alCaet. to b provide a bin rYOtva, oagt ttn rat ivirsw at for martSage inmbsAasadalaaacordassew% - -- s- boI I SmmwarsulLwdarar law 9. barposilew. Lander net its, ea" may so>?S raslseafda caMtx epos ad boroothaa e<tIN Leoda vino give Swmwar odke at dac d m afar poor to an tmpsodoa Sao raasaasb 1d Baas fbr M inapasAoo. H. Coeukaw"ou. 7ho paoaaedc of tiny owaffi or aYim Slbr daw`at, dbw or OOmeglNaAltl, in oom6 RO? With Bey oaededwation or other ukiog of trey pass afore Prowly, or hr ro evvyanac in licu of oondeamaAoa, on ba d7 aaatgsad sad !bail be to Laada. bn awry eta tool bklog of Aef letoparty, the pNaee doell la applied m tho susn sewNdby Aria 9atmlrtty tammoeoy wbama a nK ihea doe, with qtly aeao+t pod to Dorrowa. bo m avctd of a prAst tahbeg of tee tropeny io rrblah rho Wr marbM value of ft Ptoporty Immediately bolbre be taldag is spot bar seadar ffiea Ala imam of fiat ow aaamad by Ant Ssow* fubmsm binsdistelyybeefin iba ukiog, unless Bo wwtr ltd Loodw omawke s" is wddag, do sums nowad by flda lapuearetd *0 bat adowd by do ateoat at the pmeaads by &a 6tSov ft ludo c (a) &a Wd rosekat vahrs of do hop" t akty amount et roma aecmr/ in mad'asolybafata drat taWeg, divided by 0)1118 betbn ma faking. Asgr batsnase Blatt be paid to Borrower. In &a event of a partial taking of the hopatty is winch dw fide market vdw of ma Prnpetty Imtoolla tlybetom due Uking Is far than den ermaat at mf sums saamod immadlawly before *a uWe& wolaa Borrower and Laaft otlsawin agroo In wrft at anlesa app IW& law othnwin provides, the procoah 04 be sophod to the Puns soamed by this Security lnro eemeet vehsdw Cruet do auras as mot does. -If Ile lmpasy is obandoeed by leanam'or, or it, attar sorloe by Lmkv b Bamwa that dm aande mror otia s to make as awerd or aatAs a Claim for damages, Soncev r ado m rwpmrd to Leach wimis to days alto ttto data mo uodea is glow, Leddor b atmaisad to eapaetand apply da w6voada, at Its option, aitberm ndanttoa or repair of Ilea Psaiewly or to tin am scoured by wa /aaaitY fastrnmad, vhotha or act than urine botch mad Beavv?ar o*Kwkc agree In WeAn& any application of psoteeda to pdaatpai defll act oeeaod or paatpoas the doe dale Oahe moothly payweeta talbtnd to to pasamapta I Cad 2 or cheap the ancient of awk payments, It. Sorcomor Not teaioaaedl 1orbaarsoce Ay Loa der Not a Waiver. Retention of *s here ilor payment or madiliatdon of amardeahooot tits was sotmed by this locurity baahasneot gamtod by Lade to any socawaor is howast of Bonawor atoll not opomts to rolowe that pmbility ottlen at&d Bevower or BonavvWa cocees"M in intatnst. Lander abut act be rogtdred to nOromaaoepraaadbw alalost any noescum to lotreod at ohm to created time Ibr pcymoo or odsawtan modify anpedasdoa of the amt la wed by Qda See ally mates eeW ley reason of nay demand made by the original Bee owar w BoumAn s sucCuous in havout Any f lewasoo by Landar to oxacidog any right or moody dail not bd a waiver of or pescluda me exmeda 12. Swessworv e a< and AmWas Boom* Joint sod SomW L MOLVt t *4%p eta. 1Le oovewsws and gpeemaw of No ff=` savmaet Chet 17. Batwers bat door nog axooase w in the ptapuewdq Itiatmaeah noooroeueditiora with ragRd to ibe tannic otthts Saanity hrahamerd or the Noic withaot that Hoaowerm aoauat (GLaNIPa) oral na,411r. Casa Cron TOP" ewas"Pe Loss, No. 6=1118.79" ArxA- ,gtm 8K 1893PG4067 LL Low Mutes. V the lom squad by t>tie Security latrumiat is ay? cam a law wwab sees msximm loan alumvis, ad that law it finally fokgm and so that this Moved at other loan absrges n?aomd or to be oollected in aenneado m wilb the low extend tb a ?tatoRW Omits, Was: (a) say sob ism slurp ebdl be tadmmd by the amomot uemry to tetttrta the aleargs to Ibe Permitted fetish and (b) say tent shady odlscted Suss Rarmwor Wok etttteeded pmtrdwd. Vmb wYi be salhaded to Bamower. Leader may chosen to mdta ibis nhad by radoduS tba poeoipai owed sadnr time Nate or by mxkime a dited payment m Barsower. If a lshtad radnafs ptiwW. the radtmtine will be acund ae a panial prxpaya«tt wilhost any p?tvPS edlxrse nndor the Nt1k. 11. Nelda. Any action to Bar~ provided far In d4 * 1M%wmt slab be gm by citing it w b maS dreio6 it by Am drat mg unless applic" law regobea asc of moom madrod. lbe tatlea shall be ldireoted m Wn Property Adss or ally other addrau Banewar detiSostoa by mdse to UrAct. AM sotioa W LoWw thad be given by tint slum mail m Landoek address wand boahe or any otikr sddh i.mdQ dedgmes by notion m Ilmumv. Any oodu provided for In dtlc Seeuntylneteanuk sftalt he dsamed to hate bona gives is Hottafwc ar I.andtvwbrw given u d ie tltim pengmph. Ii Govorsdus Law; 8evt:rablmy. 13ta Ses&W Inomment sbdt ba SwmW by ? law tad T. ben of the jaiaitstioo In wbiah de Propmty is located, In ma event fled my peovlolom or class of rids Seam* Imtntment or am Note eon6ta41 with ePP110" law, teak ooadiot 110111 not ttlPoot mbar pdwtdom of tWe Stmalty loWamed or the Nom which am be given of etvellbo t this aomAletimg peovistax. To We cad the provision of this Seettrb Jmhnmad end ms Note mo dealued to be seimme. 16, Bermeem Copy. Borrower shad be cW= we coafsmed copy of meNok acrd of We Security Imsbamom. 17. Trau*rr of Ow Property or a BmAdd Toured is 1lerrnwer. if A or any put of do Peopeety or soy iota" in it is told or trtmefmwd (or W a booeilslei intaaa in Borrower Is sold or munkrtad and awowsr k mt a aemd poomA witbout Lrmdera pour written canted, Lander may, a Its sptism. rapine hares am pqueact in 618 of all pens stemmed by this Smai1ly IoeaucemL However. Oft option sheil not be exachodby lender if mcmin Is peottkttnd by 6ldaml law as of me data of 1Wa fieuv y l- , mt. Irt.nnder much es this optiam, Leader dM Save ganower notice of moalmden. Us aadao mb ll prummis a period of not leas man 30 days Aran So dxm the moiler l ddivared or mdW rr" wbkb Bmwmaf mast pay all was warned by this gem* loshom miL If Bosrewee 6t6s to joy t um teens pelt to the colvadom of 6i1 paiod, Leader may iavda say rrmediu permttled try this Saaaity ioswmeat wld m t amber motion or demand on Borrower. 18. karroerrar4 Right to Reinstate. If Barowsr Moots wain eosdida" Honvsor Awl bsve the light is bava entbrosmnat of We Seomity larhum of dlscomdommd at sety time prior to then eadeer of (a) S days (w stab other period ae eppScmbta taw may spaaify Aar mimeulm? irtdbrs tales of dot Y psrswtd ss any of sale aommimod in this Sacweity T.mammh ar (b) aabry o[ a JadSnmt t dda lleattity imlearamc Tiose chum that ?draws; (tt) pspps Ladder ail sacs whklt rhea wauM be duo utedar tbl Ssam&y lmatsameai a?d den Kota m if no ntcabrodabsd ensured, (b) aurae min 1teStnB of ray t?tber csven.ats ar ttgtrte nsatt; (o) pays alt esptmu imottrrN in combs this Seotaity Iakmment. beo{at!<rg, ben am Nmitod 1q ataeeaebk Baaq send (d) tetra tech aatton ee l,xader tag ressaehiy esquire to scare met me flea of tide Sncutity Ymtr+meat. I?dglas to this tiopaty and 8omowtrs aldiplim to pay dkc cam secured by tide t?eemity lsshomem ahsU ooodsste +mohmerpad. Upon rdaet¦tamem by Bmwrar, iWa Sanity Lmmomeot and so obligedora aaasad hxpby sbxll ran mai elmodte as B ae toedetdbn bed ttaarad Hswusvaf, d dl dSk to frtinslaes 111011 not apply in dot eslm of msalraadw mmdarpstsSsspb l7. 19. Sall of Note; Chenille of Leon Bwlesa The Nots a a partial basest In the Note (mgetbur with mss Secuity Wuuum4 mey be said tme or mean flags wbhattmdor mdob to Barrowar. A Sato may vatdt in aAp@ to tba salty (lmowm as the "Low Semlml that aollack msmhlyptymemle doe under tite)tlle and ibis SmAttyllaso mmk 7bum slap maybe sae or mom ebows of tbm l osm SesviNr musslomd to a sale of %6 NoW if thaw Is a obmp of eked Lose Selvioer, tonamriwill be Sawn wrWas node of tin cheap In aaoetdtmoswim puagrapb 14 above sod sppliomblelat. lent uoNm will Nate thonroms and addras of due now Leon Se:vlom end tit ad&= to wbkb psyranmfs should be made. 7be potion will ales aomtaie ray *dtw il"misdoawgnbtdby spowtble Um 2L Nourdoms Subetanta. Boumat' shell net cause ar paradt lbo peuema, use, disposal, stony. or rekue of my 11sacdout Berman as of in be Psopaly Borrower shall not 41c. not meow *w/o" else to do, sayibing atlbetias tke Rnperty mat is is violation of say Rnvhsmmmut taw. The paatWmg two se ummus sham not t?1y m tbo pt mm% ma, or stomsp on tie ?Y of small gwadlip of Renrleas Substaeeu tilt are grandly tmegatned fn be sppeopelals to nomml maldaadd erns tad 1o malabou mea of the Pngw y. 'ALIy 4HIPAI twin r.a.lrr farm 3i0i Nxo pwaottre Losa No. 6362743 7M /,lM 8N 1693PG4068 Bwmww shall pson"y gins bander wdttm notice of any lovMggatdoo, Weiss, demand, bimic or ache wow by any govonmtdal w ngaWMY Ww,7 or privda psry inwtv4 vile yropany and any Haatdoss Rebalance or Bevtroouwold Law of Welt Boaoatar ban send lanvoladgs. -WVasomer test, or k atdW by any gavsmoodd or tntgdatay vAbo tY, that any temoval a odw resnsdhdon of any Aet/edan SnLatance at9endag the Property k ammary, Bw-m abet p mspdY tetra all noarsaaty rentNbi aadsos in aaoardrsma with I,.swboamsstal law. As used is We p ar pb 26. Offusedous .Saboaces" are thane ab anoea Mood as toxts or hazadsea subsumes by Eunmunoeatai Law and to Iboewing wbslanow padliat, knoscoo, obtr tbrssm" at We ptbitam ptodtds, toile padididas and hatbleidsa, voktila sdvmb, matmiak coraofoing obeeeos or formddehydc, and rediosadvo mataikls. As used In this pmsgrapb 20, "Eaviroosu dal Yew" messe tedatal Im and laws of the ju& Mcft whoa tbo Property is located that mate to balk sakty or a wf oFmmml taabolow NON-LHFORM COVENANTS. BormwarandIMall rcovenantsod.oleoasfollwim 21. Acoateratiaai RCM0& . Lander sbalt gho nodes toner. -tr prior to aoeslandon fagwi lag Horrswns breach of any 4ovasst or sgreeONt to tldr Sedbily futrrmwt (bat ant prior to acceleration soda' pa WWh 17 unless appltoabb law provides o4mrw1w). LeWsr And M ft Borrower DL sooss odw ibiapr (a) Ibt dettrrtl Q4 the active nqiWYM to an an dMW4 (c) whso iht ddk* mast be emredi and (d) tint Cahoon to two the ddamtt as speciBad may sand In OM WW= of 66 8065 canard by Mb Saesrhy TaairaMIK ibnd§#M by jm KGW proceeding cad sell of tht Properly. feade r shall f?rtltar inloto borrawav of ibt right Is robutak a&r atedersdoo and tba ftU to smart In** tanttaaare proeadlmg the nsn-es[Ctaoc. of a de6olt ar nay othet dstenu ? Borropar to aasdernMeated foreciwan. Yt the de6uM b net and as apslt7e4 Teodtr, at Me optics, may regWre latmtdlele pgaat to IdU of all was second by thte Seeveley l mt wM act forlher chide mad nay brodaso ebb Seemly IsRanrst by jndbdd preeoedtbg. Leader Ad I be added to toBeet all sgWA M Inverted is porstdog tba tanod s provided in drb patsgmPh ns Including, bok not limited ts, attorboys' for and oohs of dds evidence to do admit permitted by applicable law. 2L adase. Upon payoun t of all Ohms wooed by this Saoaity hunumes% irk R4Ttveity Inshomed hid the meats conveyed shall tarmlusta and become void. Agar scale oamtasee, L.etder abed dkdhmge sad mW* Ads ScautQr btsnumaat to 8oaawcr. Bermwer shall pay any recordation coats. Leader rosy ohage Bwrw*w a free for releasing twk security Tadmmtrot, but ody if tea tea is paid to a third Paley fat wrvldn tendered ad the chw *4 of the toe is permitted under applicmble law. 13. Walvers. Boerewer, loft extent pertained by applicmbls Ww. waives and teitlnes any armr at dolbou let p modlop to eWbws this Bromley kvmumant, and btteby waivra W boov* otany ptotsat or Rib laws providing for May of mcoudos, axtenalaa ol'tkee, exaneptian tibta atbel®mat, levy ad ads, and homMtmd erkmpUos. 34 Mesta waast Paled. Bortowse's time to relostua psovidtd itt parapmpb Is shall axww to ae beer prior to The eommescwtumt efbWft at a shaitls ate or now elk pbtttent to lids Seemly Issuuniad. 2g. ParobmeMew hiortgago. Wary dtbe debt snouted by ebb Seemrity Yatttuteene to lain to Borraror to acgdre thio to ttto propesrty. title gaoustq fsskvmeae *0 be a ivbobass money culdogs. 36. Inbred Raft Afore radgmast. Baaaww agroas Vbd, the labmtt rate payable &Aar & judgment to entered oo ihd Note or in an sett of mafpga hrooloauu d" ba fhe testa payable fins rime M dons odder the Now. 27. Alders is tbie Searw* IsutroussoL u coo at an seders srt exteaed by Borrower and recorded f ogm with this Sonority bovomeA dye eoveoun mdsgreemadaofeaeh sa& rider shall be iatotpormod We and loll smsd end supplement the ewnooWs sod apamumas or We Reoorby kuhomoa u tf do tutor(s) woo apart of Ws Scrushy iasbumesl. [Ckn-k applsable ton(a)l Agaebbla Rata Aida Ride 14 rawly Rider 0"" Payment Rider H Plumed Unk Ylamopment Yoder BiwcWY Payment Rider Banana Ride Rafe Impeaswmmt Ritter Second Home kidet PVA,Rktor Omen(s) trpailyl raaw?/ &Wfrl 4 ftAWA) ea+sl pq.r.rt nPe n ift Woo yep pu„gro Lots No. 63627Bg 1W QKI893PG4469 BY Sl(iMM VULOW. Sormwer aooo& *vA attmes to tir tam sad beraaaata owdaieW In this Soeudty InIWM of AM is any ddar(a) eaxouted by BoraNm and mcmdW with it. Wiwa - A/ r r t IiA ( i) .Beavrvor ? KBVW L M1LUR /2, //4. (Seal) ANNEM C L LM •aw.QM (Scd) -Warless. Carl ette of Vm e I do hemby eot+ify that the oared addtrA of ihs wthmea d Mr@qea ? 1400 & 00[ OLASS RD« SUM 100 AtTAHE1IM, CA 92606 Witnaat my hand this oZ?N??3. day of Ateel of Men?apes COMMONWEALTH OF FEMSYLVANU4 CIJb1BERLAND County tat On this, Uta l( 4 day of 7J ecem& ( p""Mmy appastad . sac «Oy .. beuCoro mo, the uwtmytvted otYieer, /5 euv(? trn l l?e f Q?c Annul C lit r ll'ei- -lom Mao dw (pr ud, diy ptoreo) to ba the persons whose mmoS Q M submigbed to the within imumaaat tmd vjmvW=ge y oxaooted the fame !br dw pmposaa b min ooatdoad. 1 BSI WlTMl8S WEMAR . Y taaamtio sat my bud and GMGIAI coal. My Commiaaioa Xvirgm (?. _Z, cog \JA GS I-kr,-6cl pudl,c- 7tde aian 4a1.0', hows TWAINIM a IPC wwydr Po 34M afa0 Los* Me. 6362796-7909 9K 1893PG4070 ALL THAT CERTAIN lot or that of land situate an the Wsstera aide of North Each Town@ of P;misy veants beiinng known as LaLoot 1I a the plan onNtladC *VMS v??n ? plan is moorded in Subdivlalon Plat Book K Page 87, and beMtd man fully bounded and described as fodaws, to-wit. sEGINNnG at a point in the esntedine of North Enola Drive, adjacent to ands now or fannerly of L.A. Lasd; thence along lands now or fora wlir of LA. Lad, South W degrees 00 minutes 22 seconds West, a distance of 2M OD fact to a point adjacent to lands now or kwwa ly of East Pennsboro Toanahip Board of Education, Bums along Mne of Lot 3 an the hominbove mandoned plan of lots, North 20 degnss 34 adnulas 23 seconds west, s distance of MM teat to a pol" tironee along tine of Lot 2 on the harolnebove mentioned plan of lots, North 48 degrees 24 minutes 26 seconds vast, a distance of 146.73 feet to a point on the oenteNins of North Bnea Drhre; then** along the owderllne of North Enola Drive, South 43 dogmas 35 minutes 32 seconds fast, 104.18 het to a point, the place of beginning. PARCEL.M 0942-2982-032 9K 1893PG407 I • • LOAN NO. 0e:70.7999 FIXED/ADJUSTABLE RATE NOTE (LIBOR loft - Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY RXED RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. December 22, 2004 ANAHEIM CA [DWI ICayl [3-1 561 N ENOLA DRIVE ENOLA, PA 17MS IPropaty AMmul 1. BORROWER'S PROMISE TO PAY In return for a loan that i have received, I promise to pay U.S. S 10,500.00 (this amount Is called "per"). plus ham, to the order of the Lender. The I.emder is LANG BEACH MORTGAGE COMPANY 1 understand that the Lender may transfer this Note. The Lender or anyone who tats this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full smount of principal has beat paid. I will pay hrerna at a yearly rate of 7.900 %. The interest rate 1 will pay may dump in accordance with Section 4 of this Note. The ham rate required by this Section 1 and Section 4 of this Note b the rate 1 will pay both be6ore and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Thee and Place of Pnymtnts I will pay principal and hrteram by mating payments every month. I will maize may monthly payments on the fast day of each month beginning on Fabruary 1 2008 i will malm these payments every mash until I have paid all of the principal and interest and my other charges described below that 1 may owe under this Note. My monthly payments will be applied to interest before principal. If. on January 1 , 2036 , I still owe amounts under this Note, l will pay those amounts in full on that date, which is coiled the -Maturity Due.- I will mate my monthly payments u : P.Q. Box 2441, Chatsworth CA 91913-2441 or at a different place if required by the Note Holder. (B) Aintio al of My Initial Memhthly Payments Mach of my initial monthly payments will be in the amount of U.S. S 1,311.0 This amount may change. (C) Monthly Payment Champs Change in my monthly payment will reflect changes in the wpm principal of my loam and in the interest rate that 1 now pay. The Note Holder will determine my new interest rate and the clanged amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND NOM71LY PAYMIENT CHANGES (A) Change Date The initial fixed interest rate I will pay will change to an adjustable interest rate an the first day of adjustable Interest January u rate cos 2WY , and on that day every ft mouth thereafter. Each date on which my change Is railed a 'Change Doe.' (B) The Index Beginning with the first Change Date, my interest rue will be based on an Index. The 'Index" is the average of the London inintamk offered rues for six month dollar deposits in the London market based on quotations at five major bards ("LIBOR"), n sex forth in the "Money Rats" section of The Wall &row Journal, or if tic Motley Rasa section eewes to be published or becomes unavailable for any reason. then as sot forth in a comparable publication selected by the Lender. The moat rooms index figure available a of the date 45 days before each Change Due is called the "Current Index." if the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Champs Before each Change Due, the Note Holder will calculate my new low= rate by adding Four mad Ninety Nine Hundndlho percentage point(s) ( 4.990 %) to the Current Index. The Note Hader will them round the result of this addition to the nearest one-eighth of the percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded smount will be my new interest rue until the next Change Date. The Note Holder will then determine the smoum of the momddy payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new luenat rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Umdts on Interest Rate Chaogs The interest rue I am required to pay at the first Change Due will net be grater than 9.900 % or less than 7.900 %. Thereafter, my adjustable interest rue will never be increased or decreased on any single (Change Due by more than One percentage points ( 1.000 MULTISTATE FUMMADJUSTABLE RATE NOTE - LNW ?.a.1M2 41402661Dea+i VkVM OArAFONA-ma01a21.a2n 4e4e21161 10MOMM F)lh ) . • • • LOAN NO.62627M-760li from the tale of interest I have been paying for the preceding 6 months. My haetea rate will never be greater than 15.900 which is called the 'Maximum Rue' or less tbon 7.900 % which is called the 'Minimum Rate'. (E) Effective Due of Chnagsa My new intact rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning at the first monthly paymat date after die Change Date until the amount of my monthly payment changes again. (If) NWa of Ch ftu The Nom Holder will deliver or mail to me a notice of any changes In my adjustable interest rate and the amount of my mombly payment before the effective date of any change. Moe notice will include information required by law to be given arc and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal before they we due. Any payment of principal. before It is due. is known as a 'prepayment.* A prepayment of only part of the unpaid principal is known n a 'partial prepayment.' A prat of the full amonnt of the unpaid principal is known as a 'full preps ymeat. If 1 make a full prepayment at any time during the first 2 ycar(s) of the loan, 1 fee as follows: may be charged a If Noteliolder receives a prepayment on or before the first anniversary of the date of the Nola, the ptepsymeiu fee shall be equal to doe a pmt ( 9.000 %) of the original loan &=not. If Nowbolder receives a prepayment after the first amniversary, bbut on or before the second anniversary of the date of the Note, ibe I -Vr n fee shall be two ___ ----puontl ( 2.000 %) of the orlgiod ban amount. W wy P r ocMaller, prepayment of am The prepayment fee shall be payable upon N11 prepayment, voluntary of involuntary: including but not limited to a Prepayment resulting from Notdrolder's pertained acceleration of the balance due on the Note. Notwithstanding the foregoing, nothing herein $11811 restrict my right to prepay at any time without penally accrued but unpaid Interest that has been added to principal. When 1 make a full or partial prepaymem• I will notify the Noteholder in writing that 1 am doing so. Any partial prepaymeu of principal shall be appiicd to irttaesl aoctued on the amount prepaid and than to the principal balance of the Note which shall not reduce the amount of monthly installments of principal and late= (util nantortiaed as act forth In the Note at the nett Payment Chatuge Date) not relieve me of the obligation to make the installments each and every month until the Now is paid is full. Partial prepayments shall have no efku upon the due dates or the amounts of my monthly payments unless the Notehoder agrees in writing to such changes. 6. LOAN CHARGES If a law. which applies to this low And which sets maximum loan charges, is finally interpreted so that the htterest or other loan barges collated or to be collected in connection with this lean exceed the permitted limits, then: (i) any such ben charge "I be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any aura ahv* collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to rake this reWd by reducing the principal I owe under this Note or by tailing a direct payment to me. If a refund reduces principal. the reduction will be trued as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lute Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the and of FIFTEEN calendar days after the date it is due. i will pay a late charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and lowest. I will pay this late large promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice or Default If 1 am in default, the Note Holder may sand me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder nay taptire me to pay immediately the ftdl amount of principal that has not been paid and all the interest that 1 owe on that amount. That date must be at Iasi 30 Clays after the date on which the notice Is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I an in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so If 1 an in default at a later time. (E) Payment of Note Holder's Cash and Expenses If the Note Holder has required me to pay imituedlately in tali as described above, the Note Holder will have the right to be paid back by me for all of its costs and expanses in enforcing this Note to the extort not prohibited by applicable law. Those expenses include, for exaaupk, reasonable attorneys' fees. S. GIVING OF N077CES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requites a different muethod, any nonce that must be given to the Note Holder under this Note will be giver) by mailing it by first class mail to the Note holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. MULTISTATE FIXED1ADJUSTABLE RATE NOTE - LIBOR 4W2" 10111) P.r. 2.f3 414=$n2 WtAM 1 t8 • LOAN NO.03827i10.790g 9. OBLIGATIONS OF PERSONS UNDER TMS NOTE If more than one person signs this Note, each Pee is fully and personally obligated to keep all of the promises made in this Note, imdu ling the ptoatise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, inchtding the obligaUoos of a guarsswr, s may or endorser of this Note. Is dw obligated to keep all of the promises made in this Note. The Note Holder may enforce Its rights under this Note aphan each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I avid any other person who has obligations under this Note waive the tights of presentment and noice of dishonor. *Praaumeat' means the nigh so requite the Note Holder to demand payment of amounts due. 'Notice of disbonor' am" the right to require the Note Holder to give notice to otter persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Nome is a uniform instrument with limited variations in tame judidiabns. In addition to the protections Siva to the Noe Holder under this Note. a Mortgage. Deed of Trust or Security Deed (the "Security Instrument'). dated the same date as this Now. protects the Note Holder from possible losses that might result if I do not keep the promise; which I mate in this Note. That Security Instrument describes bow and tinder who condluonu 1 may be required to make In.. We payment in fill of all amounts I owe under this Note. Some of twee conditions ate described as follows: (A) Until my initial fixed rate changes to an adjustable interest rate under the terns stated in Section 4 above, Uniform Covenant 17 of the Security Instrument provides is follows: Transfer of the Property or a BtmdletBl bared In Borrower. If all or any par of the Property or any late= In it is sold or trandand (or if a baneildel htterest in Borrower is sold or tramsfered and Borrower is not a natural person) without Ladees prior written conieot, Leader tray, at its option. require Immediate payment in full of all wens secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the due of this Security instrument. if Lade exercises this option, I,ader shall give Borrower notice of atrelentiot. The notice What provide a period of not less than 30 clays from the date the notice Is delivered or mailed within which Borrower mum pay all sums noted by this Security Instrument. if Borrower fails to pay these suns prior to the expiration of this period, Leader may invoke any tane'in permitted by this Security Instrument without further notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the temp starts in Season 4 ;drove, Uniform Covenant 17 of the Security Irstrumerm described is Section I I (A) stove shat then cease to be in effect, net Uniform Covenant 17 of the Security Instnumern shall instead provide as follows: Transfer of the Property or a Bemeficd Imtarsrt in Borrower. If all or any part of the Property or any interest in it Is sold or transferred (or if a bemelicia interest in Borrower is a* or transferred and Borrower is cwt a natural posts without Lender's prior written consent. Lender may. at its option, require immediue payment in full of all suns secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Leader also shall not exercise this option lf: (a) Borrower causes to be submitted to tender inli muton required by Leader to evaluate the intended transferee as if a new loan were being made to the transferee. and (b) Lender reasonably determines that L.endWs security will not be impaired by the loss assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Leader may also requite the transferee to sign an assumption agroemsat that is acceptable to Leader and that obligates the trasferce to keep all the promises; and agreements made in the Noe and in this Security Instramem. Borrower will continue to be obligated under the Note and Security Instrume m unless L ad;r releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice dull provide a period of rot less than 30 days tram the due the notice is delivered or mailed within which Borrower must pay all suns am, by this Security Instrument. If Borrower fails to pay these setts prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. KEVIN LMILLER -na(Sed) (Sew) rower ANNETTE C MILLER .son~ (Seal) (Seal) -Borrower •norrower [Sign Original Only] MULTISTATE RXEDIADJUSTANU RATE NOTE - LIBOR 41402e6 pr rat Pao 3013 414Qt670t=W)mA Washington Mutual FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 September 15, 2009 KEVIN MILLER 551 N ENOLA DR ENOLA PA 17025 0666633433 7100 4047 5100 7660 8026 WaMu' is becoming CHASE Q 002682 /PC/FT Your house is your home We want to keen it that way. We need to talk -- call 1-866-926-8937 today. You are going through tough times - we can help. In fact, we believe your home loan may be eligible for a loan modification program - we may be able to change the term of your loan, the interest rate, and maybe even the principal due date, to reduce the monthly payment to an amount you can afford. Call us today at 1-866-926-8937 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling us, the fewer chances you may have to keep your home. It will only take a few minutes on the phone - one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options available - call us now and let us see which one will work best for you. We are committed to working with you to find a way to help you keep your home, but you must call us immediately at 1-866.926-8937 - the longer you delay, the fewer options you may have. Homeowner's Assistance Department Washington Mutual 1-866-926-8937 P. S. The enclosed legal letter outlines in detail, your current situation and the consequences that will occur unless we receive the required financial information from you and can approve you for a modification. Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay - call us now at 1-866-926-8937. &hiL»'a? "(I ., Washington Mutual FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 September 15, 2009 KEVIN MILLER 551 N ENOLA DR ENOLA PA 17025 002602 WaMu' is becoming CHASE 0 PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0666633433 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgaee on your home is in default and the lender intends-to foreclose, Specific information about the nature of the default i provided in the attached paggs. The HOMEOWNER'S EMERGENCY MORT A E ASSISTANCE PROGRAM HEMAP may be able tQ help to cave ygur home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER EDIT O N ELIN AGENCY WITHIN 33 DAY OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the oun eling Agency, The name address and Rhone number of Consumer Credit Counseling AgC ++?;.,? Cerving Pour County are listed at the end (- this Notice If you have any uestionc y , may can the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (Persons with unpaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. St NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATEMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SP999 HOMEOWNER'S NAME(S): Kevin Miller PROPERTY ADDRESS: 551 N. Enola Dr. Enola PA 17025 LOAN ACCT. NUMBER: 0666633433 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAY OF THE DATE OF I NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE Ito TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAIN HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers ofd ignate consumer credit sou selinga$encies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). 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. To stop the lender from filing a foreclosure action your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION S SOON AS P=IBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE A8D FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMA APPLICATION EVEN BEYOND WME TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 002682/SP999 HOW TO CURE YOUR MOR .AGE DEFAULT (Bring iup*- date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 551 N. Enola Dr. Enola PA 17025 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 07/01/2009 $2286 54 08101/2009 . $2286 54 09/01/2009 . $2286.54 Other charges (explain/itemize): Uncollected Late Charges $1500 38 Uncollected Fees: . $84 00 Corporate advances: . $105 85 Less Credits . $000 TOTAL AMOUNT PAST DUE: $8444 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this no tice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8444 PLUS ANY MORTGAGE PAYMEN , CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD Payments t b d TS AND LATE . mus e ma e e cashier's check certified check or money order made payable and cent to ither by C3Sh• Washington Mutual Cash Processing 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 DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to 9rnalaxate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mQMageprgpgdy. *IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Mriod, you will not be reautr•? to pay n?ney'? fees OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SAr F - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs ale You mgy do so by paying the total amount then past due. plus any late or otne charges then due, reasonable attorneys fees and co nnnec e? with he foreclosure ale a_n_a any o er ?src nnecteli with the Sheriffs Sale as specified in writing by the lender and by performing any other r uiremen s under the mortra" Curin; your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulter EARLIEST POSSIBLE SHERIFFS ALE 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 Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 1-866-926-8937 Fax Number: 1-904-281-3914 Contact Person: Collection Department Email: www.Wamubomeloans.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF 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 An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Washington Mutual offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (866) 926-8937 to discuss your options. The longer you delay the fewer options you may have. Sincerely, 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. WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SP999 I Washington Mutual FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 September 15, 2009 ANNETTE MILLER 551 N ENOLA DR ENOLA PA 17025 002681 /PC/FT Your house is your home We want to keep it that way. We need to talk -- call 1-866-926-8937 today. You are going through tough times - we can help. In fact, we believe your home loan may be eligible for a loan modification program - we may be able to change the term of your loan, the interest rate, and maybe even the principal due date, to reduce the monthly payment to an amount you can afford. Call us today at 1-866-926-8937 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling us, the fewer chances you may have to keep your home. It will only take a few minutes on the phone - one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options available - call us now and let us see which one will work best for you. We are committed to working with you to find a way to help you keep your home, but you must call us immediately at 1-866-926-8937 - the longer you delay, the fewer options you may have. Homeowner's Assistance Department Washington Mutual 1-866-926-8937 P. S. The enclosed legal letter outlines in detail, your current situation and the consequences that will occur unless we receive the required financial information from you and can approve you for a modification. Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay - call us now at 1-866-926-8937. 4 ,, . Washington Mutual FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 September 15, 2009 ANNETTE MILLER 551 N ENOLA DR ENOLA PA 17025 002681 WaMu' is becoming CHASE Ci PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0666633433 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgagee on your home is in default and the lender intends r foreclose pecific information about the nature of the default provided in the att??hed pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to heI12 -to cave y ur home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the .o1 nseling Agency. The name. address and phone number of Consumer Credit ours ling Almnc Cerv. your County are listed at the end of this Notice. If you have any questions. yQu may call the Penn cylvania Housinff Finance Agency toll free at 1-800-342-2 97 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATEMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ILLEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SP999 i , 1 9 HOMEOWNER'S NAME(S): Annette Miller PROPERTY ADDRESS: 551 N. Enola Dr. Enola PA 17025 LOAN ACCT. NUMBER: 0666633433 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS, IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAY OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST B IN YOU MORTf nO.F rTn TO DATE'.. THE. PART OF THIS NOTICE CALLED "HOW TO RE YOUR MORT A E DEFAULT". EXPLAIN HOW TO BRIN YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses. and teleuhone numbers of designated consumer credit counselin = es for i;?C my in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). 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. To stop the lender from filing a foreclosure action your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU H A V E T H E R I G H T T O F I L E A H E AP A P P L I C 4 T I O N E V E N B E Y O N D T H E S E T I M E P E R I O D S A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) t, 1 4 9 002681/SP999 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up. to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 551 N. Enola Dr. Enola PA 17025 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 07/01/2009 $2286.54 08/01/2009 $2286 54 09/01/2009 . $2286.54 Other charges (explain/itemize): Uncollected Late Charges $1500 38 Uncollected Fees: . $84.00 Corporate advances: $105 85 Less Credits . $0 00 00 0 TOTAL AMOUNT PAST DUE: . . $8444 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if 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 $8444, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to Washington Mutual Cash Processing 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 DEFAULT - 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 foreclose upon your mortgaged propedl. *IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pp nrnaV___ OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 Y period and your default in the manner set forth in Ulu SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) have begun, you still have the right to cure the default and 1) vent the sale at anv notice will restore your mortgage to the same position as if you had never EARLIEST POSSIBLE SHERIFFS SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 1-866-926-8937 Fax Number: 1-904-281-3914 Contact Person: Collection Department Email: www.Wamuhomeloans.com EFFECTS OF SHERIFF'S SALE: - 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. ASSUMPTION OF MORTGAGE - You _ may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. YOU 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 An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Washington Mutual offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (866) 926-8937 to discuss your options. The longer you delay the fewer options you may have. Sincerely, 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. WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SPM Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 v. Kevin Miller and Annette Miller VERIFICATION The undersigned is VF1ce Pwsident of JPMorgan Chase Bank, National Association on behalf of Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 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, 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 Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 Name: .?; et OW-MMo , Title: ce Presi Company: JP Morgan Chase Sank National Association 09-036632 0?1 "FIE f, !1 11?^.1t 'L 1 : f j?l i? off I ?1-.I E 4'78.5D?FcLF? Ce j371v7 1--Z 3 3387 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor U??l F F "?E ?wf+IFF FILED-OFFICE OF THE PP()i'Hn,,'\i®TA. 2009 NOY 19 PM 12= 5 7 LJtJlVtve 4 :_l?'V+..l WAT PENtiSYLV to Deutsche Bank National Trust Company vs. Kevin Miller Case Number 2009-7848 SHERIFF'S RETURN OF SERVICE 11/16/2009 08:04 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2009 at 2004 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupants of 551 North Enola Drive Enola, PA 17025, by making known unto Kevin and Annette Miller, Owners at 551 North Enola Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to them personally the said true and correct copy of the same. 11/16/2009 08:04 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2009 at 2004 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kevin Miller, by making known unto himself personally, at 551 North Enola Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/16/2009 08:04 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2009 at 2004 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Annette Miller, by making known unto herself personally, at 551 North Enola Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $73.50 November 17, 2009 (c) Gounf,Suite Shenff. Teleosoft. Inc. SO ANSWERS, le • R THOMAS KLINE, SHERIFF Depot Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~"1,,~, of ~~ ~~rj ~~ Jody S Smith Chief Deputy Richard W Stewart Solicitor Deutsche Bank National Trust Company vs. Kevin Miller (et al.) SHERIFF'S RETURN OF SERVICE F J ~,-_.i t ~} iii i U' ~] I p, PcN~~`ltr4'~'~iA Case Number 2009-7848 04/05/2010 03:55 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1550 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 Kevin Miller, located at 551 North Enola Drive, Enola, Cumberland County, Pennsylvania according to law. 04/07/2010 11:57 AM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1157 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: Annette Miller, by making known unto, Kevin Miller, Spouse, at, 551 North Enola Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/07/2010 11:57 AM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1157 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: Kevin Miller, by making known unto, Kevin Miller, personally, at, 551 North Eno1a Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/01!2010 Property sa{e postponed to 9/8/2010. 09/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Leslie Rase on 9/7/10 SHERIFF COST: $792.71 SO ANSWERS, September 14, 2010 RON R ANDERSON, SHERIFF . ~r ~ ~~ ~,.e ~~re Gj~ ~ 7~~~ Y SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036632 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 PLAINTIFF VS. Kevin Miller and Annette Miller DEFENDANTS COURT OF COMMON PLEAS CIVIL DNISION CUMBERLAND COUNTY NO: 09-7848-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 551 North Enola Drive, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s) 2 3 Kevin Miller 551 North Enola Drive Enola, PA 17025 Annette Miller 551 North Enola Drive Enola, PA 17025 Name and address of Defendants in the judgment: Kevin Miller 551 North Enola Drive Enola, PA 17025 Annette Miller 551 North Enola Drive Enola, PA 17025 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 7255 Baymeadows Way Jacksonville, FL 32256 s Thomas Cook 300 N. Walnut Street Mechanicsburg, PA 17055 Capital One Bank c/o Gregg L. Morris, Esquire Patenaude & Felix A.P.C. 213 E. Main Street Carnegie, PA 15106 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2, Plaintiff 7255 Baymeadows Way Jacksonville, FL 32256 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 551 North Enola Drive Enola, PA 17025 i w I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire 09-036632 e SHAPIRO & DeNARDO, LLC BY: LESLIE 3. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036632 Deutsche Bank National Trust Company, as ~ COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2005-2 ~ CUMBERLAND COUNTY PLAINTIFF VS. NO: 09-7848-CIVIL TERM Kevin Miller and Annette Miller DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kevin Miller 551 North Enola Drive Enola, PA 17025 Your house (real estate) at: 551 North Enola Drive, Enola, PA 17025 09-12-2992-032 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at: Carbon County Sheriffs Office 4 Broadway P.O. Box 147 Jim Thorpe, PA 18229 at 10:00AM to enforce the court judgment of $194,371.68 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) ALL THAT CERTAIN lot or tract of land situate on the Western side of North Enola Drive, in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 1 on the plan entitled "Orris Subdivision" which plan is recorded in Subdivision Plat Book 68, Page 87, and being more fully bounded and described as follows, to- wit: BEGINNING at a point in the centerline of North Enola Drive, adjacent to lands now or formerly of L.A. Leed; thence along lands now or formerly of L.A. Leed South 58 degrees 00 minutes 22 seconds West, a distance of 200.00 feet to a point adjacent to lands now or formerly of East Pennsboro Township Board of Education; thence along line of Lot No. 3 on the hereinabove mentioned plan of lots, North 20 degrees 34 minutes 23 seconds West, a distance of 69.53 feet to a point; thence along line of Lot 2 on the hereinabove mentioned plan of lots, North 46 degrees 24 minutes 28 seconds East, a distance of 168.73 feet to a point on the centerline of North Enola Drive; thence along the centerline of North Enola Drive, South 43 degrees 35 minutes 32 seconds East, 104.18 feet to a point, the place of beginning. Parcel No. 09-12-2992-032 BEING THE SAME PREMISES which Donald T. Orris II, by Deed dated September 19, 1994 and recorded September 21, 1994, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 112 Page 130, granted and conveyed unto the Kevin L. Miller and Annette C. Miller, husband and wife, in fee. r}, SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar ~# 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036632 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 PLAINTIFF VS. Kevin Miller and Annette Miller COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-7848-CIVIL TERM DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Annette Miller 551 North Enola Drive Enola, PA 17025 Your house (real estate) at: 551 North Enola Drive, Enola, PA 17025 09-12-2992-032 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at: Carbon County Sheriffs Office 4 Broadway P.O. Box 147 Jim Thorpe, PA 18229 at 10:00AM to enforce the court judgment of $194,371.68 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) it YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-036632 f ALL THAT CERTAIN lot or tract of land situate on the Western side of North Enola Drive, in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 1 on the plan entitled "Orris Subdivision" which. plan is recorded in Subdivision Plat Book 68, Page 87, and being more fully bounded and described as follows, to- wn: BEGINNING at a point in the centerline of North Enola Drive, adjacent to lands now or formerly of L.A. Leed; thence along lands now or formerly of L.A. Leed South 58 degrees 00 minutes 22 seconds West, a distance of 200.00 feet to a point adjacent to lands now or formerly of East Pennsboro Township Board of Education; thence along line of Lot No. 3 on the hereinabove mentioned plan of lots, North 20 degrees 34 minutes 23 seconds West, a distance of 69.53 feet to a point; thence along line of Lot 2 on the hereinabove mentioned plan of lots, North 46 degrees 24 minutes 28 seconds East, a distance of 168.73 feet to a point on the centerline of North Enola Drive; thence along the centerline of North Enola Drive, South 43 degrees 35 minutes 32 seconds East, 104.18 feet to a point, the place of beginning. Parcel No. 09-12-2992-032 BEING THE SAME PREMISES which Donald T. Orris II, by Deed dated September 19, 1994 and recorded September 21, 1994, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 112 Page 130, granted and conveyed unto the Kevin L. Miller and Annette C. Miller, husband and wife, in fee. ALL THAT CERTAIN lot or tract of land situate on the Western side of North Enola Drive, in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 1 on the plan entitled "Orris Subdivision" which plan is recorded in Subdivision Plat Book 68, Page 87, and being more fully bounded and described as follows, to- wit: BEGINNING at a point in the centerline of North Enola Drive, adjacent to lands now or formerly of L.A. Leed; thence along lands now or formerly of L.A. Leed South 58 degrees 00 minutes 22 seconds West, a distance of 200.00 feet to a point adjacent to lands now or formerly of East Pennsboro Township Board of Education; thence along line of Lot No. 3 on the hereinabove mentioned plan of lots, North 20 degrees 34 minutes 23 seconds West, a distance of 69.53 feet to a point; thence along line of Lot 2 on the hereinabove mentioned plan of lots, North 46 degrees 24 minutes 28 seconds East, a distance of 168.73 feet to a point on the centerline of North Enola Drive; thence along the centerline of North Enola Drive, South 43 degrees 35 minutes 32 seconds East, 104.18 feet to a point, the place of beginning. Parcel No. 09-12-2992-032 BEING THE SAME PREMISES which Donald T. Orris II, by Deed dated September 19, 1994 and recorded September 21, 1994, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 112 Page 130, granted and conveyed unto the Kevin L. Miller and Annette C. Miller, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF~PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7848 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for LONG BEACH MORTGAGE LOAN TRUST 2005-2, Plaintiff (s) From KEVIN MILLER and ANNETTE MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $194,371.68 Interest from 12/] 9109 to 6/21] 0 is -- $6,983.45 Atty's Comm Atty Paid $192.50 Plaintiff Paid Date: 12121/09 (Seal) REQUESTING PAR1~Y: Name: LESLIE J. RASE, ESQUIRE Address: SHAPIRO & DeNARDO LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Te I ephone: 610-278-6800 Supreme Court ID No. 58365 L.L. $.50 Due Prothy $2.00 Other Costs S ~_~. Curti .Long, Prothonotary By: Deputy On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 551 North Enola Drive, Eno1a, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 ey c~o.a ~o-~n~.~.a~/ Real Estate Coordinator ~ 0 .Q ~ L Z ~~~J b~iut ,l~ ~ -~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: _ April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 J Notary -._.._ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ No. 2009-7845 Civil Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR3 vs. Kevin Miller, Annette Miller Atty: Leslie J. Rase ALL THAT CERTAIN lot or tract of land situate on the Western side of North Enola Drive, in the Town- ship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 1 on the plan entitled "Orris Subdivision" which plan is recorded in Subdivision Plat Book 68, Page 87, and being more fully bounded and described as follows, to-wit: BEGINNING at a point in the cen- terline of North Enola Drive, adjacent to lands now or formerly of L.A. Leed; thence along lands now or Formerly of L.A. Leed South 58 degrees 00 minutes 22 seconds West, a distance of 200.00 feet to a point adjacent to lands now or formerly of East Penns- boro Township Board of Education; thence along line of Lot No. 3 on the hereinabove mentioned plan of lots, North 20 degrees 34 minutes 23 sec- onds West, a distance of 69.53 feet to a point; thence along line of Lot 2 on the hereinabove mentioned plan of lots, North 46 degrees 24 minutes 28 seconds East, a distance of 168.73 feet to a point on the centerline of North Enola Drive; thence along the centerline of North Enola Drive, South 43 degrees 35 minutes 32 seconds East, 104.18 feet to a point, the place of beginning. Parcel No. 09-i2-2992-032. BEING THE SAME PREMISES which Donald T. Orris II, by Deed dated September 19, 1994 and re- corded September 21, 1994, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 112 Page 130, granted and conveyed unto the Kevin L. Miller and Annette C. Miller, husband and wife, in fee. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~I~e~lahiot hews NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, .place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 ~~ ~, ~~~~ Sworn to ancL'siyt~scribed before me~his 18,~ay of May, 2010 A.D. ~? /~ - ~: Notary Public COMMONWEALTH OF PENNSYLVANIA ~~ LrMotarlal Seat Lower P Kam' Notary Publk _ My Commis5lor~•• nauphln County ' MembAr, ~ ~~' Nov. 26, 2011 ennsylvanla Assoclatfon of Notaries 04/23/10 04/30/10 Writ No. 20pg-7848 CNII Term Deutsche Bank Netlonal Twat Company asTrustee under Pooling and Servicing -agreement dated as of'May 1, 2007 SecurRized Asset Backed Receivables LLC Trust 2007-BR3 Vs. Kevin Miller Annette Mlller Arty: Leslie J Rase ALL ,THAT CERTAIN ]ot or tract of ]and situate on' the Western side of North Enola Drive, in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 1 on the plan entitled "Orris Subdivision" which plan is recorded in Subdivision Plat Book 6$, Page 87, and being more fully bounded and described as follows, to-wit: BEGINNING at a point in the centerline of North Enola Drive, adjacent to lands now or formerly of L.A. Leed; thence along hinds now orformerly of L.A. Leed South 58 degrees 00 minutes 22 seconds West, a distance of200.00 fcetto a point adjacent to lands now or formerly of East Pennsboro Township Board of Education; thence along line of Lot No. 3 on the hereinabove mentioned plan of lots, North 20 degrees 34 minutes 23 seconds. West, a distance of 69.53 feet to a point; thence along line of Lot 2 on the hereinalwve mentioned plan of lots, North 46 degrces 24 minutes 28 seconds East, a distance of 168.73 feet to a point on the centerline of North Enola Drive; thence along'the centerline of North Enola Drive, South 43 degrees 35 minutes 32 seconds East, 104.18 feet to a point, the place of beginning. PARCEL N0.09.12-2992-032 BEING THE SAME PREMISES which Donald T. Orris Il, by Deed dated September,l9, 1994 and iecorded September 21, 1994, in the Office for the Reco[der of Deeds in and for the County: of Cumberland, in Deed Book 112 page 130, granted and crorweyed unto tba Kevin L. Miller and Annette C. Miller, husband and wife, in fce. ~, SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Baz # 58365 3600 HORIZON DRNE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610}278-6800 S & D FILE NO. 09-036632 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 PLAINTIFF VS. ' Kevin Miller and Annette Miller DEFENDANTS FILED-OFFICE OJ= Th"E ~'R07N(lWO7ARY 1D10 CC7 26 ~~ I0~ 5S CUMBERLA~Jt~ COUt~7Y 'E~~SYLVAPlJA COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY NO: 09-7848-CNIL TERM PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mazk the Judgment entered on December 21, 2009 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff ~`8. oo~i ~.L l~~.~ e~ ara~88 r2''~".~soasss SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar ~ 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036632 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 PLAINTIFF VS. Kevin Miller and Annette Miller DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-7848-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Vacate Mortgage Foreclosure Judgment on ~o,~~lp to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Kevin Miller 551 North Enola Drive Enola, PA 17025 Annette Miller 551 North Enola Drive Enola, PA 17025 SHAPIRO & DeNARDO, LLC Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE N0.09-036632 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 PLAINTIFF VS. Kevin Miller and Annette Miller DEFENDANTS ~~tlF Tt~~ PRO1'~O~OTARY 700 ~c~ 2~ A~ ~o~ ~~ CU PEP~NSYE.YAN A ~~ COURT OF COMMON PLEAS. CIVIL DIVISION CUMBERLAND COUNTY NO: 09-7848-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE N0.09-036632 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-2 PLAINTIFF VS. Kevin Miller and Annette Miller DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-7848-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on ~ to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Kevin Miller 551 North Enola Drive Enola, PA 17025 Annette Miller 551 North Enola Drive Enola, PA 17025 SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff