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HomeMy WebLinkAbout09-8476SHAPIRO & 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. 09-036788 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: Oct- 9411P Civil -ter in VS Melissa K. Haubert 270 McAllister Church Road Carlisle, PA 17013 DEFENDANT 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. 09-036788 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF vs. NO: Melissa K. Haubert 270 McAllister Church Road Carlisle, PA 17013 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3, 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): Melissa K. Haubert (b) Date of Mortgage: February 28, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1941, Page 3941 Date: March 1, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: JPMorgan Chase Bank, National Association successor 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 2006-3 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 270 Mcallister Church Road, Carlisle, Pa 17013 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of the Defendant is: Melissa K. Haubert, 270 McAllister Church Road, Carlisle, PA 17013 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of August 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. 7. The following amounts are due as of November 30, 2009: Principal Balance Due $78,049.10 Interest Currently Due and Owing at 9.3% From July 1, 2009 to November 30, 2009 $3,043.17 Late Charges $237.88 Property Inspection $21.70 Title Search Fees $250.00 Attorney Fees & Costs of Foreclosure $3,902.46 TOTAL $85,504.31 8. Interest accrues at a per diem rate of $19.89 each day after November 30, 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. 9. The attorneys' fees set forth above are inconformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: _ SHAPIRO & DeNARDO, LLC BY: Attorneys for Plaintiff S & D File No. 09-036788 Whoamco ded, mail to: ROBERT n, pie1LER •LONG BRACH MORTGAGE COMPANY RECORDER O f DEEDS P.O.BOX2,010" CUVBEIILAVD CQL'17Y°PA STOCKTON, CA 952M 2606 f?flR 1 nn 9 49 Loan No. 6690429-7756 Parcel Number [go- A6avc Tk6 The rbr lt6wrd ae W41 MORTGAGE THIS MORTGAGE ("Saudty Instntmeal') 16 givrn on Febmary 26 , 2006 The mortgagor is MELISSA X HAUl EIRT. A MARRIED WOMAN ("Borrower"). This Swmity Inuumant is given to LONG BEACH MOXTGAGB COMPANY wMch is atgaoiaed and exlatiq udder aw laws of the State of Delaware and. v+hose address Is 1400 S. DOUGLASS RD,, SU1T13 100. ANAHEIM, CA 92806 ("Lender'). Borrowor owes Louder the prindpet sum of Eighty Thovsand and m/ltp- ............... -- DaQars (U.S. $ 80,000.00 ). This debt i3 evide:med by Borrowa'9 note dated the same date as this Secarity Eusaumml ("Note'), which providca fnr awatWy patyaamts, witb ttep full debt, ifmot pdd culler, due and Payablo on March 1 . 2036 re7ttwak. Thle Security Ip=mellt oecorea td Lauder: (A) the rgnyment of the debt evide:oced by tbe: Note. with balmit, and all aslaadons asd uwdifi adous of tbo Note; (b) the payalwL of all otl= same, with inkm4 advawed under pampapb 7 to protect the security of thin Soomity Irahumoea; and (c) the performance of Borrowes mnmaw ad agm wanta Under M Seaarity )Inwumcnt and tho Note. For this patpose. Bo=wer dons hereby mortgage, pud and convoy to I cadet the: fallow(ag described property tasted la CLNM99LAND Cauaty, Petm+ylvania: LEGAL DHSt 2nMON ATTACHED 1TF?AEM AND MADE APART HTMWII which has the addtt" of 270 MCALLJSIM CRURCH RD CART TCT o Pftaylvaaia 17013 Izb Coast ("Property Address'); P4NN&YLVANIa-aleala FaMIVfHMAIFta.MC UNNIORM 1NSTRUL"T Korn 3039 glee 4ft4wN [slim Anwd.d 1218 Ne* l w 7 I Ns •??t?L Vab ueaetoaea ca urta- lovela7h7741 TwAt IMAM" Pa BK 194 1 PG 3 9 4 I I, h )4 11 *7q -400 1ft-t. ckyl. TOGBTMR WITH all the improvements now or betea&r v=Wd on the property, and all easememts, apporwDo s, and fixtures now or he wfter a pact of the pmpttty. All tupiateattats and Atidons " also be covered by this Security Insm nttmt. All of the faragoing is referrod to in this Secutlty Instrument as the "Property." BOM WER CQV$NANTS that Borrower is lawfully seised of the cute bmby conveyed and hat 8,e right to martgagc, pant and convey !be Property and Wert the Property is aomwnribered, except for ewdrohrAhm of record, Borrower wamnis and wid dofead gtmerally the title to the Property against all Claims and demands, sWeat to any encumbrances of record. TIIIS SCICURM INSTRUMENT contbiaes anilnrin covenanfs for national use and nosrunifam covanaala with herded variations by Judadietitm to consdtam a rmifbrm security lnatrmuent emveting real property. UNIFORM WVENANTS,19ortawcr cad L der coveam and agrm c follows: 1. Phymaat of Principal and Interact; Prepayment and Late Charon. horrower shag promptly pa when due the primal of cad IntrrCSt on Ibc debt evidenced by the Nato and any prspaymenl and Isle charges duo under ton Nato. 2Funds for Tames and Cttsamce. Subject to apptIcable law or to a written waives by Leader, Banower gall gay to L,catter art dre day monthly payments are due tmdor the Note, until the Note is paid in fall, a sum ("Fomds') for: (a) yearly taxes and at eweents which may atWupriority over this Stmarity Instmmeat as a lien on due Pmpetty; (b) yearly leasehold payments or pound mats on the Property. If anyt (o) yearly '-xu or property . err- pmmhtm+i (4) y-1y Good hrsoraaoo prove m if any; (e) yearly mortgage inettranoo per, If aap ad f) any etma payable by Borrower to Leader, in socord--a with the provisions of pamttpaph 8, in lieu of the payment of mortgage insurance psearkew. Tbme items are called "Baarow Items." Ismder stay, at any ddm=,, wUwt and hold Fiends in an attnunt not to es=d cite matdaatta amamtt a leader far a federally related mortgage loan may require Ax Ponower's euntaw aasaot under the federal Runt Hstare Sealcura Procedures Act of 1974 as amwadcd from tome to time. 12 U.S.C. Section 2601 et acq. (•3tWA"), unless another law that applies to the Fonda Sets a lesser ataarmt. If so, I ender may, at tiny time, Collect cad hold Funds In. an imanat not in creed Uhe teaser atuoont. [cedar sway atimma the amount of Fonda tine on the basis of eummt dept cad reaSOmMo eutdmates of CeproeHfaiea of feltam Escrow Items or otherwise In arcordanoe with sppiicable law. The Funds shall be bend in art insdtation whose deposits are imuted by a federal agency, hngnt®cmality, or emlty (including Lender, if Lender is such an ittetitu loo or lit any PcdaAt tloma Low laialr. Lender "apply gte Founds to pay the Ewmw Items. Lander may not charge Borrower for heeding and applying the Funds, -fly mmtlyring Ilse cacrow sccoamt, or verifying Ora Escrow Tomes, unless fender pays Borrower Ittamst oa ft Funds and applicable lawpomdp leader to make such a cbarge. Hawtwx. fender any mom Borrower to M a of ed6m charge Ibr an Indepeddent real tetam ter: reporting secvtcn used by Landes fa connection with this loan, unless appliablc law provitlce othawlsc. Vnhas on agave neat is me& or applicable lave vequitas interest to be pals, I.emdar shall not be required to pay Borrower any Interest or eatoinaa on the Ponds. Borrower and Lender may agree In. %Adug, however, that lorcmut r.hatt be paid on the Ponds. Lender shall give to Borrower, witboat chamo, an annual occowttius of Wes Poach. showing credits and debits to the Foods and the propose for which each debit to the Foods was made. The Punds are pledged in addidonat aeontcyy for ail same secured by this Sec fly Instrument. If On Foods held by Leader exceed tba amounts permuted to be held by applicable law, Loader Shall account to Borrower for the excess Funds in auordmut with the requirements of epplicobla law, it the amount of the Funds beld by Leader at my time Is not sapficiunt to pay the Reaow Items when due, Lender may so notify Borrower in wdflag, and, In such case Barmwrs shat1 pay to Lender the amount necessary to nett up the dcfiOcnay. Borrower shag make op the deficiency in m mote than twelvt: montuy payments, at lmdnry Soto dismvtion. Upon payment in fah of all soma vacumd by two Sc=arily Instrument, Lender shall promptly refund bo Borrower any Puada bold by Lender. 1f, under paragraph 21, Lender shall aegdm or sell the Property. Leader, prior to Ida acquisition or sale of the Pic", tdwll apply any Pemds bold by Leader at ft time of acquisition or sale as a credit squat the sums moused by this Security Instrument. 3, Apocation of Paytntats. Unless applicable law provides Otherwise. all payments m edvtd by Leader under paragraphs I mad 2 shah be appldod' fiat, to my ingnymaut tWugcs dos unthtr Ube Note: second, to amotmts payable Hader paragraph 21 tWrd, to Interest tine: IbwM. to principal doe; std last, to any late tharats dub under the Nom. 4, Chargesy Lt as, Borrower shall pay all tatrea, saadements, ehargeo, flatus cad iaepaiitians atttibutabte to the Proptaty ivhioh may attain priority over tMa 5ataity Instrument, and leasehold paymotua or gtatmd tents, ilanq. Borrower stall pay these obllgatioas is the owner provided in paragraph 2, m if tut pied in char menace, Barmrarer etude pay thatq oa limo tNaccdy to the person awed payment. Barrowec then promptly fiamah b Leadoa a4 swdca of ssuonnte to be paid under this parag,aaph. if Boaawrr makers 8tese payrotafs directly, Botmaer shall prompdy fur?lah !A Ltmderrt>Ceipa evldcrohtg the paymante. tnd.ecalti_ OL.9titPa,1 taw eo. z s o term 3039 atso revl7 groan PC Loan No. 60=94756 BK 1941 PC 3942 Borrower shall promptly disci,, go any Ilea which has priority over this Scouxity insnamcot unless Barrower, (a) Agrees in writing to the paymmi of the abkgation neared by the lien in a mfamar Acceptable to Lendort (b) conants in rood faith the lien by, or ddeade againat curotceawnt of the lien In, legal proceedlW ov" in am 1:40da's opinion operate to ptwyaos aw onfamcment of the ken; ar (o) ateures from the holder of Cho lien agre ukeni satt6lYs:tory to tender Aabardinating the lien to this Semafty batatmeat. If Lender determierf that any part of the Property is saajeet to a ken which may main priority over this Security Insm+meat, Lander may give Bormwa a notice Uktallying the lice. Borrower shall satisfy the km or tales ant or more of the actions not tbnh above v hk 16 days of the giving of notice. 5. Hazard or Property h aranoe, borrower shall keep the improvca>Qats pow o&dng or hareaf= erectal on the Property Itmued aganst lose by filar h-rd Included within the term "extended coverage" and any otba Wards, including floods or flooding, for which Linder regtim insurance. M& ias,traaoe shall be maituahxd in the amounts and for tha p,eiad5 that Linder requires. The Iwuro tce carrier providing art Insurance shall be chosen by Borrower tnbjcct to Lender's sppmval which shall not be ameamnably withheld. If Borrower fills to maingqia coverage dearn'bed above, Laatfa may, at Leader's option, obtain coverage to protect leader's tights in the Property in accordaace with paragraph 7. Alt iasoranoe policies and renewals shall be aneopubic to Leader and shall include a standard mor%go clause. Lender sbaf! have tits fight to hold the p roof oHtdea and rrAwwaL. IPI.eadar regnicis. 7orrower eltatl promptly give to Leader all teo#ti of paid ptem 4- and reset " nopcaa. Ice the event of lour Borraorcr dhail give prompt mHa to We Insurance carrier and Lander. t made promptly by Borrower, l radar1' retake p of lobs ifno Ultras Loader and Bonaaa: otherpdm agrx in writing, inanrancc proeteds shelf be applied In aAttrsdan or repair of the Property dawagAd it the mto"on or repair is atottomiafly !f asbfe anti larder's aGAnity is oat Imened, if the namruionor repair W not ewmmleaky feasible or I eoder's soctaity wattld be Iesseaed, Sue iasorance proceeds tduait be append to the sass seehmd by dries Sccmity lrshwmat, wLsther or mt then due, whh any cxtccea paid b Aorrower, If Borrower abandons the Pmpotty, er doss sot aifawer wields 30 days a rtodce from Leader that the insarauct sassier has oPfcrgl to settle a claim, than Lander may oalica the iasmasmt proceeds. Lender may are the P'e? to repair or restam the Ptopesty or to pay titmS sinned by this Security Instrument, whaam or not then due. The 30-day period will begin whin the mdse is given. Unless Lender and Borrower oomwlse Agree in writing. any oppHeadon of limccods to principal shall not extend or postpotd tbo duo data of the monthly payments s tfermd to is 1 nod 2 of change the aNatmt of the payments. If under paragraph 21 the pmptrty is acquiscd by LAedcr, Botrower'a rt I to any imarAwe policies MA proceco =Miang from damage to lice Property prior to the actidsidou shall pass to Leader to the extent of the teems seamed by this Security iutramant Ina-diately prior to tea aagniddon. 6. Oeeupantj, P`hvaervaidan, Maintenance and Protection of the Prop"; BorroweVs Loan Appileallon; Lessebeidr. Borrower stall occupy. establish. and use the Property as borrower's prbwipal fleldeocc within auty, days after the excention of this 9=urity instrument and dud[ eondime to owvy the Pmptrty as Botrtwer's principal wdd=t for at Ieari one year aft ft date of occupamy, unless Lender od=wiw agreee is writing, which consent soli not be unreasonably withheld, or ualass zdcmadng cireumafances exist which are beyond Borrowe es control. Borrower shall not destroy, dam 2p or impair Ws properly. allow dire Property to dotbiorare, at eomhmt waste on tau Propetty. Borrower shall be in clAolt If any fbrfeiwre aatina or proceeding, Whctt= civil or orimbal, U begun that in l ettder1 good faith jodgmemt could result is fats an of the Property or otherwise m2beria ly impair the ken areated by this Soadty bwaumeatt or Lender's security interest. Botrower may wen such a defanll sad starotatt, as provided in parogn Wit 13, by causing the "don or proceeding to be dismissed with a siding that, In Lender's good frith determination, pdAudea foridtua of the Borrower's Interest in the Property or other matadal Impalcmrst of dm lino existed by this Scousity Iasanmant or Lender's security hung, Borroaee dWi also be InOwl, If Borroww, during tho loan application process, gave materially hise or inaeomate btibrmatlan or m menta to Lander (or Wiled to provide Lender with any material information) In connection with lite loon evidenced by the Note. Including, but net limited to, rclucaentations concerning Borrower's occavaocy of the Property ss a FAMipal raddrmcc. If this Swatity ins wmat is an a leasehold. Barrowtit shall aemply with all the provisions of fife Icese- If Borrower acquires lea title to the Property, the leatiahold and the fire We sbaU not motgt unless Larder ague to the mcw in TWIVAM. 7. Protection of Leader's Rights In the Property. If Borrower pills to per&= the covczmnta and agrcemeats ootuaincd In this Security lostrnment, or there is s legs protooe fog that may sigalficandy, aft t I ondcxIs tights In Me Property (such as a pracaodint in boulauptay, probutu, for coudsamadaa or forMusto or to enforce Iowa or tegolada64then Lander may do and pay for whatever Is nwessary to protect the value of the Ptoperty and I border's sighs in the Property. Loader's actions may include yayiog aay same secured by a ken which bas priority over this Seceutity Iustroxac , appeasing In caurt, paying reasonable attorneys' fee and entering on the Property to make repairs. AI&3gL Ixadcr may take action under this paragraph 7, Lcndcr dues not have to do so. -e?tlP4lhotrt Pw"rar Pa..gJ039 also mnu MAWAq rt Lou No. 600429-7756 BK 19 4 t F63943 Any amorous disbursed by l+mder Under this pengraph 7 shall become additional dobt of Borrower muted by this scnrrity Instrument. llnlxas Borrower and Linder agree to other term of payment, then amounts shalt bear interest from We date of dlrbaraomeat at the Note rate and shell be Payable. with interest, upon nodes from 104cr to Borrower rtquesting P I. Mortgage fosurance. If Lendtr regabtd mortgage insurance as a condition of Making the Ion secured by this Sm n ty inatrumant. Borrower shall pay the pmndams rr g6nd to maintain the mortgage bsmaooo in cfta. If, for any reason, We mortgage insmuce coverage recd dred by Loader lapses or cream In be in offset, Borrower dtall pay the premiums orquired to obtain coverage whstaudaliy equivalent to the mortgage inaasoce previously in smut, at a cost substantially agtdvalcat to ft cost to Borrower of the mortgage Insurance previously In otfoct, from an alternate mortgage insurer approved by Leader. If aubstantialty equivalent mortgage Imruaax coverage Is not available,13orruwar shall pay to Leader each month 4 turn opal a one-twelfth of the yc* rly mortgage losura a pteudam bdq paid by Borrower wbem the h m== coverage lapsed or ceased to be in affect. Lander will aaxpt, rose and retain tbaaa payments , as a Ion reserve In liar of mortgage insurance. Loss rearm paymcete w4y no longer be x6p fired, 4t the option of Lender, if mortgage insurance coverage (in ttie amouw and for the puiod that Lender rrgdrc* provided by an insurer opprovad by leader again becomes available and Is obtained. Borrower shall pay rho pr'7h5 regntt ed m maiuoda rnnrtgago iusUremmca in eCect, Or to proYlda m does rvearvm, now the tegttimemeru for mortgage la with y written bctpoan 8?owee a? Lender or applkpble law. 9tliom. Lender or its sgmt enay makE reawmabla eatriee upon ant iospxtioas of the Prapaty. Lend= studl give Borrower e at the tlma of or prior to as Isspectina t;tecl(ying teasonsble teases for tba btapoetiam, ]0. Caadtsaoatloa. The pm0eede of rosy award ter chin Jbr tiamnages, direct or dal, in comtecdon with any eaadtmmgtion or other taking of any part of t1u Peoparry, or far txmveytwua iM lieu of cotrdemaadon, are beaeby al,ogocd ruUd sbaU be paid to t saris, .ft" ent of a total taiir,g of Urn Pmptrty, Una gtoceede ;hall 6e applied w the sans 6mured by this Ssaatty Instrument, whad, r or not than duo, with any exew paid to Cr. 19ocrowYn the event of a partial tatting of the Propetty la wldoh the fair martxt value of the Propetty immediamly befurv the taking Is equal to or greater then the amount of the sums mcu cd by this Securlry laetrorodtt lrttmadratdy bcfort the taking, tmdw Borrower and lx osier osharw+w age in writing, ft sums maned by rods Scoudtq Ioeuttmertt shall be rr?uced by the amotmt of tba praoeds multip&ad by die foUowlmg Emotlom (a) We total rite arms secUaed immediately before the siting, dlvltled by (b) the fair murtxt value of die Property immediately amotmt 01 beWti the taking Any balance tduall be paid a Borrower_ In the event of a partial taking of the Property In which the fdr macktt velar of the Yruptrty iwmediatc>y bethrc fie taking Is Iw Wan Una amoUmt of Iba erns secured immediamty before the taking, t Wm Borrower affi Ismder omaw}se ;gene in Uvritiag or ttaleSa appfiablc lea otherwin provides, the pmocads "I be applied to the atnvs tawvrad by this Stxurity lmsMameat whether or rot the rams are tbm deal if the Property fe ahaMdotfed by llatrower, to tf, titter mdUm by %agder to BtlrroUVar that the condo ?or otfws to malx as award or Pottle s odakm for damages, Borrower fstio to rtcimnd to Local s within 30 days rafter the date the noose is given, Lender ijsry authorised to eoDeot and apply iba pnopods, at its option, either to restoration or repair of the Property or to the sutra tbU Untees I5mmity and Baer o?rag agree In a n wdue, riting, any apptitation of proceeds to priueipal ftft not extend or postpone the due date of the manibty paymcniA refer d to In paragraphs i and 2 or change the amount of taoh paymcota. 11. Borrower Not Released; Forbearance By Leader Not a Waiver. Bxtcm on of the dme fir payment at modiPrradon of amord ation of the sums secured by this Seodrity rmtrument granted by Lender to say meeesmr in interest of Bonoweu Obeli not opeate to release the liability of the original Borrower or Borrower's nraemom in barcat. Lander sbalt not be regdred to com mcmcc proceedings against any saceesmr In tmtareat or nfase to tartcad tuna for payment or otherwise modify ammdzation of the sums wearcd by this Security Increment by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lmtder In cxcroising #Ay right or remedy shall not be a waivcr of or prcdudc the vwrcisa of any right ormmedy. 12. bbeoessvre mad Amdps Bound; ]olat and Several Llabl tyl Coadgpus. The covenants and agreements of thin Security Wftu ect shall bind and bmwfit Cc sammon and melgas of Lender and Bormwc, subject to the provisions of patagraplt 17, Botroweev covenants and agreedsentt shall be joint and ttwcad. Any Borrower who co-sips this Security Inscnmenf but does not oxen w the Notor (a) In co-tdgaing this Smutty Imrument only to mottgsge, grist and convey Drat Borrower'; iotmcat in pro Property under the temp of this Security lnchamem; (b) Is not personally obligated to pay the sums secured by this Swarity lastnfinen!; and (e) agrees mat Leotkr and say ad= Hoaowrr may agree to extend, modify, fatbear or make any accommodaeomr with rcgard to the luRas of aria Security Instrument or the Note *imout th4t Borrower's consent. IM-SHIPAI i.r,n PV { N r form 3030 9100 U W wiaawl ro Loan No. 669M! -7756 8K 194 I PG3944 IJ. Loan Charges. 7f the loan cecoced by this Security Instrument is subject to a taw which sell mandrman loan charges, and that law 1A finally iaterprctod so that the infated or other loan ranges cogomed or to be caltectod in uonumflon with dnc loan ezmed the pcrudited limits, Went (a) any such loan charge rha11 be reduced by the amnumt amemry to rtelucc the charge to tho patmitled Limit; and (b) any trams already collootod fm t Borrower which exceeded permitted limits will be tofinalcd to Borrower. LcvAcr say choose to mdm this mfuod by reducing the principal owed under the Now or by malting is direst payment to Borrower. If a tefuad reduces prh#al, the reduction will be treated as a partial pnpayment without any paepaymeat charge under the Note. 14. Nodtxs. Any nodes to Bomowdr provided ibr in drier Soetuity lmtrunrenr sill be given by &H tug it err by maillog it by first data avail ualesr applicable law requlwv ape of another method. Tao notice shall be diteeted to Roptrty Adder a die or any other atldrras Bonnwor designates by aotioe to Rader. Any notice to [ender shall be givtm by Ow olass mill to Lm&ev iddrrsa stated herein or any other address Lauder designates by nodes to Borrower. Any notice provided 1br In this Security Instrunzat shall be doomed to have been given to Borrower or Lander when given as provided In this paregraph. 15. Cmaol" Laws Sirverablilty. This Secusiry hwainmeot oball be governed by Casual law ad the law of the joriodlotion is which the Property is located. to the event that any ptnvidon or ohaose of this St7-Mty Iastrument of the Note conflicts with appficable law, tuck conks, shall not affbot other pravWom of ibis Sonuity Labament or the Need which can be given otrdct W) ut the conflict ag provtuuon. To this sod the ptoHaions of dds Security bx mmoent and die Note are dectarod to be severable. 16. Borrower's Copy. borrower shall be given onc conf rcmcd oopy of the Note and of this Security f ommot. 17. Trumiler of the Property or a Benrditlai Interest Is borrower. It all or any part of the Property or any interest in it Is-d- soldor hassfuted (or If a bcae6oial interest is Borrower is told or annaflRrad aid Borrower Is not a llthaal peaon) without I,r's prior written consent. Lender may, at its option, require immediAte payment in full of all tune accured by this Security Imrromeet. However, this option shall not bo racroisod by Louder if axa vise is pruldbited by fad- low as of the dAto of this SKMIty Instrument. If Lender wtercises this option. Leader that give Borrower notice of acceleration. The notice shah provide a period of trot leas than 10 days from the data the notice Is delivered or putted within which Bonower must pay all somas scomod by this Swuiry feapumcut. If Borrower tails to pay theft sums prior to the expiration of ft period, Under may iuvoto any remedies permitted by this Security bo uracnt without further notice or demand on Borrower. 18, Borrow&'# Right to Ratndate. If borrower meets cartain rnmdidons, Borrower dal have am right to have cahtcemew of this Security Instrument diacenrtowed at any limo prior to the earlier of. (a) 5 days (or such other Period as applicable law may spor* for mimUlanwai) before sale of the Property plum" to any power of sale contained In this Security Lwttuueat: or (b) entry of ajudgtdeot ant smug Chia Security ImaWmenl. Those romitions arc tut bonowwn (a) pays Lender sll saw abneh then would be due under this Security lam mein and tbo Note u if no acceleration bad oceaertdi (b) catty any dobult of any other wvenants or egrarmmtI1 (o) pays at oVeaw incurred in enforcing this Srcusity Instrument, including but not 9mitai to, numosb Itt Attorneys' teal and (d) tabor such andon as Leader may reasonably require to atsmc 'bas eb?d ?il.e,.?ay er?r mho Sacar ty lostrumeat. Leader's rights in the Pmprq and Borrower's obligation to pay the sums v=zvd by Wit Swjaity lnttnem ne e?b?s?tt1? continue unchanged. Upon reUdg noon. by Borrewor, this Security Inshnunent and the obligatious w4umd Umvtky shitli remain fully etlbctive as it no ar laudun bad occurred. However, this right to minMtr. shall not apply lathe rase of acceleratientzdur paragraph 17, 1? I9. We of Notes Change of Lawn 8ervtor. The Noe: of a parpat rota" in die Note (lagether with this SeLcmity Instrument) may be sold one or more times without prior notice to Borrower. A ode my rent in a chsugs in the entity (trowa as the "Lama Sorvicce) that r ousels monthly payments due ender the Note and tineSsxrdty lusMUnedt. Th= aura may bnbo ow or mom chsmges of the LI.o?an Smviocr anrchetcd to a We of the Note. If them Is a c?}b,,a?age of the Loan Service, Borrower will be given writlan rwtiea of ttupc.h_.a,!ng--e- in uxordanre aIth paragraph 14 above and Appticable law. The notice will good the eamo and address of the new Loan Servlcer dad the address to which paymcats should be tirade. The nodoo will also contain any otter information scquired by applicitbla law. 20. 64aardow SO M, Borsower shall not cause or permit the prescooe, use. disposal, storage, or release of any Hazardous Substances on or In the Property. borrower shall not do, nor attow 41W one else to do, anything affecting the Property that is In violation of any llavimnmmud low, Tea preceding two dla Mshall not apply to the presence, use, or storage on rho Property of small quantities of Harardons Sabobaces that are generally recognized to be appropriate to normal residcodal ntete and to mainbcuae¢e of 1W. Property, •8N1CA1 No 14 +W1-ML Pq. a N7 Fast„ 3o3a olao ToPAS taava" ro )(.dRn No. 60MU-7756 9H 194 1 PG3945 130trowm ebsB promptly give Lender VM(wn mtico of any investigation, claim dmwW, lawardt or no= action by any govarno=I&l or regulatory agemy or Pdvtue putt' tavolvlag the Property and any %=dow Sobatance or Pavimnm sal Law of which Borrower has acktal lmowledge. If Borower learns, or h nadiled by any goveramtatal at regulatory authority, mat any removal or other amodiarion of any flautdous S+d>stange aftoadng the PruKM u neasury. Borrower thall promptly tah oil ownsary remcdlal utiona in wArdao with BwAro®enial Law. As uaed in this pmugiaph 20, "Huartim Sabtaanecse ate those mbstanea defined as toxic or harandoan subarnncea by Havimasoemal law and the foUvwi% subetsum; gasoline. krros=. mbar Au Is or loxto Petroltntw produces, tack peaticidca and hubicidea. volatile solvents, maMrials oenastalttg admtos or tbmnidehyde, add radioactive dlslc a . As need In this paragraph 20, "$avireammtal low' meats federal laws and laws of the jarisdmdan where der Property Is located that mlatc to bcalth, safety or eavironmeolal protection. NON•UNWOItM COMANT5, Borrows and Lender furthtr Gov-ant and agree as fanowa: 21. Accelendoal Rmwdkg. tender "glee *Am to Borrower prior to aweltmdoo following Borroweres brweh of any Arseaunt or ayremrnt In this Senuity Instruntmt Qfut pot prior to ¦ocduadon under paeaarapb 17 "ultra applicable law pemlda otherwise). Linder :!iota aollfy Borrower ore among vow d"P (it) the default; (b) dw action regWnd to cure We ddk* (c) whey the default must be tarred; and (t() that More to rate the 40hult ae speclited may result to amderadoa at the sums secured by "Seurity hwirueettt, feredoemre by judicial proceeddnug and sale of the Propery. Leader shall I rdkr inform Borrower of the right to relswho alter awcekmtbm and the right to amn In the foraiosmn proeftang the nau ktmca of a ddpuls or any other defense of Borrow to ace deration and fartdoeum If the default Is not eared a gmMed. Linder, at In eptloo, may require trnnuAale paymeul to full of all erupt eaten by this Security Infuun art wilbout fW*cr demand and may forotfaae tbk Security Instrument by jadkid proomillug. Linder ahaA be entitled to collect ail erpensa Inearired in parsuing the rzmedles podded in tide paragrzo 21, Induding, but not Utulted to, attorneys' fns and rusts of title erideam to the "tat pernOW by applicable law, 22. Rdeaae. Upon paywent of all soma accond by this Security Instrumml, ads Security, laadumtot and cite estate convoyed shall ttyminate cad become void. After such ocenrrearec. Lando shall dWwjle and aatisfy this Security lust ument to Bomowcr. barrawer dad! pay any nmmdadou costa. Leader may charge Borrower a fee for reltasiag ads Soonily Instwmerd, but only if the fee is paid to a third party for setviccs rendered and the charging of the fee is permitted undar applicable law. 23. Walvars. Borrower, to tba L-xfeatpermitted by gpHoblo law, waives and ralcom arty error or defects in proceedings to ontaroe this saudrj Insautoent, and bereby walves the benelSt of nay peasant or fohmt laws providing for stay of execution, Meadna of dine, axnmpdo" frwn attanhmenf, levy and sate, W dbotuestad aatmgtri0n. 24. went Period. Borrower's time to winttaoo provided is paraiMb 12 tJtail wand to one hour prior to the mat of Wiling at a d MAWS sale or odes seta pmuvant to lids Swmity b souu wt. 25. P'nrtchase honey blarigoge. If any of the debt secured by ads Security inetn,ment Is lent to Borrower to acquire tide to the Properly. this Security luttument shill be a puaehara moay mortgago. 26. Intowl; Rate APAr Judgment, gorrawea• agrees that t ha interest tie payable after a judgment L entered on the Note or in an cation of maslgaga lbtcdottute shallbe the rate payable haze time to that "sdu tho Notc. 27. Riders to this gocurity Instrument. It one at more riders an executed by Borrower and recorded together with this Security Iasbvmmt, the caveaaats and agreemmfs of oaah taoh rider shell be; incorporated into and shall ttarcud fwd suppdamcat the covenants and agreenuraw of this Sceta(ty hvdrutn= u if the rider(s) were a part of ads Swurlty toalrataeat. [(deck applicable box(ea)j Mjustablo Rate JIM" Cuntlotmnium Rider 1-4 Family Rider Graduated Paymeat Rider Plumed Unit bevelopmeat hider Biaroetrly Paymcat hider Ballooultidar Bate it"pravoracat Rider ? Second Home Rider VA Rider Otber(s) Ispecily[ (ft-ON(PA) netrn Y,r e d r Fenn 3039 vivo mreetwWm.t Pa Loan No. "PIKE94756 BK 1941 PG3946 BY SIGNING BELOW, Bomwor scWts and agrees to the terms and cavmana coatainm in this security Iasttu vd sad ill AnY Immesm: V% de) tac=wd by Borrawer and rccordod with it, , l C I al X t (seam M14LISSA K HAUBE IItT •eo:,awn -(Sean -Ba"Ow r ..-(Seal) (&-NJ) •6anowcr -Borrower Cer0cata of Resldma I, E IR, f c V do hereby artily that the cantxx address of tha wi6m-=..d ea is 1400 $. DOUGLASS RD„ SUITE 100 ANAHM , CA 92806 Witom toy hand tbls dsy of ?? , ?pD(o Ast a cfMmwtea COI14it)MA)LTA OF I' mim can4s7?)LDC(,o County W., On tWa, tha a day , hafOre a)e, the uodcrdEgpd ot6cor, p=aally qw- C'(16ks's i1 kwwn (c mo (or sadsfactority pravea) to be da: yetbm whoso name , s bsmibcd to the -ioda instrumeat and atkkl0. WbW that Sh, _ executed the ramp for tha gAwm hacla eoutalmd. IN WITNESS WHBRSOP, I hemajo set my band &W offal soil. My CommiwicnFxpims; " D 2NM OF, pM (tt Ho1p?6VtlrVCtlCi6.' domm tUnl7cr, PwrwA+?? Ar6treendtkAnws `d7a hJlt-, r?u? or o?. qjjk-6HjPA)j.viv NPA?("t M)Pn P.Q. 747 Ferrnan79 9190 Lo6n NO, 66w29-T1S6 BH 19'4 I-PG394 7 FIXED/ADJUSTABLE RATE RIDER (LIBOR Indus - Rafe Caps) THIS IrMDlADIUSPA131,13 RATE RMER is nude ou this 18111 day of k'ebruaty 1006 , and is incorporated Into and shall be IccmW to a=nd and supphrmeat dte Mortgage, Decd of Treat or Smsrity Dad (die "Slxarity lusttamerd) of the come don pvca by the vndardpod (the "Borrower') to seeutrn Borrower's F1=dlA4k toble Rate Note (the "Notol to LONG IMACH MORTGAGE WAIPANY (the"Ltnder') of the unto date and Covering the property described in the Security Immanent and located at: 370 KCALLI IZk CHURCH[ RD CARLISLE, PA 17013 lk* seated THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE AND TO AN ADJUSTABLE INTpRf,ST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWER'S ADJUSTABLE RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THk BORROW" MUST PAY. ADDITIONAL COVENANTS. In addition to the cavcusnte and apooments made In the Security Iataumrau, )3ormwer end Lauder further envndant and agree as follows: A. AkUUSTA)BILE RATE AND MONiMELY PAXmNT CHANGES Thu Note provides for an itdttd fixed interest rots of 9.300 %. The Note also provides for a chengc in the Wtiaf fixed rate to an neijusubic interest rate, as fbllowe: 1. AD,IIl6TA)3 LE INTEREST RATE AND MON'i'E(LY PAYMENT CHANGES (r) Chauae Detest The Wtial fixed interest rate wilt change to an adjusUblo interwar rate an fhe Hret day of Mush 1008 , and on the first day of the month every 61h moadh thh anat. each date on which the ad*tablc lmered ram could a haagc is called a "Change bate," (b) The Indel IleBtmdng with the first outrac Date, the interest rate will be based oa an Index. The "Index" is the average of the l eadon LwW4 a * offvre:d rates for fix month dollar daposit3 in the Lodddn madat based on quoWimu at live m*r banks ("LIBOR"), ns oat forth in the "Money Rates" section of The Wall Street loarrhal, or if the Money Rama mcdoa ceases to be published or be== umvailable for any mwn, them u set forth in a comparable publication selected by Rte Lander. The most recent Index figure avaftable u of the date 45 days before each Qmnge Date Is called the "Current Index." P.mwVWmi. Ac d/Adiu.t" Rme Altar - Lbwr rwloe *1 40488 1-*) r1IOTROMG LACER FORM, 111M . he..hallnUW usmut PAIR" PO Loan No. 66420.7766 BK 1941 P63948 (e) CWCOlatlen of ChUges abrore cant, Chap Date, the Lander wilt calculate my new iuhui*t rata by adding your and Nlaery Mae Hnudredths petaotage pond(s) ( 4.990 %) to the Current Index, Ton Lender wM then r0md the mutt of this Adradon to tt,c WAMC oac•vighth of one pcrcanfaee point (0.12596), SubjwA to the Unfits sated in Socdon t(d) am the following page, this rotmded amnont will be the new hur,reat rue until the oast Change Date. The I curl wM flan datermine the awn= of the moathW payment that would be willcient to repay die unpaid principal balance as of am Ouagge Data in full on the Maturity Date at the new intemo rate in sobvwdh ?1y vgnal payer na revdt of tilts miostatioa will be the now manilily paymeat. (d) Unalts on IntarestItate Cl=fp the Merest rate at the fuse OzMa Date will not be greater than 11.3m % or tens than 9,700 %. Thereafter, the adjodtabic interest rate wilt savor be IDcreased or decreased on any airtgle C Mqc Date by =0= than. one percentage points ( 1,000 %) from the rate of hamst applicable doming the preceding 6 motuhs, The adjustable Wt&m rate will never be greater than 15,300 %, which Is called the "himcl mum Rate" or low than 9300 % which Is called the "Mini-nn Nate'. (e) Weetive Data or Changes Each new atjjwtnbte Interest rate will become vffwtivc on. cock Chsagv Data, The amount of each new maaWy payment will be dw and payable on the first monthly psymeet date after die Qunge Date. until ibc amount of the montiily payment changes spin. (f) Notice of Changes The Cmdcr will 44yw or 111311 2 00dW of aqy changes is the adjustable totenwt rata And the amoutt Of the new manlhty payment to the Borrower babom due dituvs date of any change. The mice will include information required by law to be. givan to the Bartnwer and also the dde std telgAnw munber of a peman who will answer any questions regarding the notice. B. ITiANSFIR OF TM MOMRTY OR A BENEFICIAL UM MOST IN BORROVMR 1. Until Borrower's initial fixed interest rate changes to an atjucmble Interest rate under the tetras statrd in ,VCdOn A. abov0, URZOM Covenant 17 of the S6tw* Insnument provides a rnltows: Transfer of the PeaptaV or a Beneficial hrtogwt to Uotrower, if all or any part of the Property or any intvrcat m it is sold or trane(etied (or If a beneficial Interest in Borrower to colder u=foaod and Renewer is trot a natural person) without Leader's print written coup=, Lander may, at its option, require 1-ledlatc payment in fell of ad soma swur.'d by this Security instn?mant. However, ails option tAta11 not be exercised by Lender 11 exercise is prohibited by federal taw as of the date of Ills Security Instrument. It Lender exercim this option, Tender shall give Borrower notice of aaelta=ilea The nodc4 stall provida a period of not Was gum, 30 days from the date the notice is dclivetod or mailed widiln which Borrower mast pay all Panne?Nan1a FlaadrAd4uetat,6 Rate Rldar -(liar i 3 7 409982 100011 I r r a? Tr ?I1 WN 0507r. M)FO Loan No, 6800429-7766 BK 1941 PG3949 sums 9-rcd by this Security 11120mLcat. If Borrower Nils to pay these ffum9 prior to the expiration of Rtis period, Lender may iavolx any ramct6es permitted by this Swurity lasttummt without Anther notice or demand an Borrower. 2. Wbcn hrorrowcr's initial IIud interest rate changes to m at(jastable interest rate under the terms stated in Socti n A above, Unifarm Covm aal 17 of the Security losaumml, contained in Section p(l) above shall the. cease to be in effect, and Uniform Covenaat 17 of the Security Inaanternt shall be amr bW to read ao follows: Tt mltr of the Property or a Deotficial foWw In Bormwrr. It all or arty put of the Property or any Wzut In It is sold or tramsferted (or if is beneficial lufm=t in Borrower Is sold or baaahnw and Borrower is not a natural person) without Landar's prior written cousaae, Lender may, at its option, requtn 1mm&H,M payment in full of ail same scarred by this Seeumity lnatrnment. However, this option shall not be errtciscd by Lends if e>cetaise is prohibited by federal law as of the dam of this Swudty lataumag. Lender also shall not ermolm Obis Option if: (a) Borrower causes in be Submitted to Lefida h4 utation mpi red by Lender to evaluate the intended treosfar+ee as )P a now Loan woo baling male to the pAatferee; cad (b) txadcr tcaeomably detaradrree thgL Landar's security will not be impaired by rho lnan assumption and that the risk of a beach of any cwveannt or ag eemem in this Security Interment is acceptable to leader. 76 the sxtrnt pormitted by applicable law, Lender may charge a reasonable fee as a eomlWoa to l.ender't conaaat to the loan a sumption. 1.orWa also may require the note= to sign am assumption agreeaunt that is acceptable to Lender anti lhat oblipm the to mafinee to keep all the premises and agmazoemla made in the Note and in this Security Iaatmmtent. 13onmwer will continue to be obligated under the Note and 5ecmity IntoumCat unless Lender rtlmww Borrower in writing. If r.cnft exen ire" the option to toquire immedlarm payment In ftIIl, Lcadar altall give Borrower noti= of acceleration. The notice shalt provide a period of not lea than 30 days from the date the notice is delivered or mallal within which Borrower nmat pay all, sums secomd by this Swulty watmmeot- if Borrower tails to pay tbcaa sums prior to the capirathon of this period, bender may lavake any mmedies permitted by thia Security Instrument without further aodce at demland on Borrower. BY SIGNING BELOW, Borrower aorcpts and agn:cs to the terms and covenants contained in this pixoNAdjustable Rate Rider. YAV- - L Seal {Seal lHE I59A II: HA L$T -narrow sanawc -(A (&A -Barrow" -Barnma (sign Original Only) 114nnrOv-1m F1audlAchun pRat•Rldrr-Libor ?-4140788 toour) aya.(a it M"maarzom Pe Loan No. SON420-7766 HK 194 1 PG3950 EXMIT A ALL THAT CERTAIN tract of land situate with the improvements thereon eroded situate in the Township of West Penneboro, in the Village of Elhottson, County of Cumberland and State of Pennsylvania, more particular bounded and described as follows, to wit: BEGINNING at a point on the west side of a 30 foot wide private road at corner of land now or late of James Elliott, 160 feet south of a polm as the southeastern comer of lot now or late of Charles Worley; thence along said private road south two and one-half (2'/s) degrees west one hundred twenty-three (123) feet seven (7) inches to a point at other laud now or late of James Elliott; thence along same, north eighty- seven and one-half (87 Ys) degrees west one hundred fifty (150) feet to a point on the east side of a private alley; thence along the out side of said private alley North two and one-half (2 Y2) degrees east one hundred twenty-three (123) feet seven (7) inches to a point on line of other land now or late of James Elliott; thenoe along the latter, south eighty-seven and one-half (87 Ys) degroaa east one hundred fifty 150 feetto a point on the west side of the said private road, the Place ofBEGINNWG. CONTAINING eighteen thousand five hundred eighty-one and one-fourth (18,5811/4) square fict. HAVING erected thereon a dwelling house known as and numbered 270 McAllister Church Road, Carlisle, PA 17013. BEING the same premises which Richard Forney and Rebecca Forney, husband and wife, by their Deed dated February 12, 2004, and recorded in Cumberland County, Pennsylvania, Deed 13ook 261, Page 3649, granted and conveyed unto Richard Forney, adult individual, Grantor berein. 1 C:ct'rify ail tic, re:oOrcce'J St, Cumber?^i •a County PA Ne ,',• '?r? lr.C %trrljr of Deeds BRI.94IPG395I Washington Mutual 0697701985 FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 7100 4047 5100 7740 2241 October 15, 2009 WaMu- is becoming CHASE C p 001029 /PC/FT MELISSA K HAUBERT 270 MCALLISTER CHURCH RD CARLISLE PA 17013 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. Fy h)b, 4 1;S 01 Washington Mutual FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 October 15, 2009 00 1029 MELISSA K HAUBERT 270 MCALLISTER CHURCH RD CARLISLE PA 17013 WaMu°is becoming CHASE C p PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0697701985 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to help to save your 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 Counseling Agency- The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES 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 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 , , 9 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Melissa K. Haubert 270 McAllister Church Rd Carlisle PA 17013 0697701985 Lbm 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) DAYS OF THE DATE OF THIS NOTICE IF YO DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE. UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). 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 HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE 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.) .. . 001029/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: 270 McAllister Church Rd Carlisle PA 17013 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: 081101/2009 $660.75 09/01/2009 $660.75 10/01/2009 $660.74 Other charges (explainlitemize): Uncollected Late Charges $158.60 Uncollected Fees: $10.85 Corporate advances: $0.00 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $2151.69 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 $2151.69, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either 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 its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. *IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against: you, you will have to pay all reasonable 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 pay attorney's fees OTHER LENDER REMEDIES - "The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any tune up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under themortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S 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 Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual 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 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 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-3 v. Melissa K. Haubert VERIFICATION The undersigned is Margaret Won of JPMorgan Chase Bank, National Association on behalf of Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-3 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 Trust 2006-3 Name: Mar ret da Title: Vice Pres Company: JP Morgan Chas ank Nation-a! AFsrCiation 09-036788 0 RLEa ? ?-lr ct OF THE 'MO1 F ONOTARY 2009 DEC -8 AM f ! : 14 C! ij ? l *9a.oo Po ATT-f CV V 33sy sa/ 33&500 k" a3yto8`j c • rah ~CY~~~ac~ C~+rrlp~,~v~c~ COU-~-~1 ~~~ S~ ~ - 3 ~I~w~1 ~~ ~ ~ ~~ ~ ~.~ ~ ~(~. .-~ \~~~~ ~ ~. ;;~ t. ~.. _~ :~ -.,~ 2~D rr~ ~1t1~~~. C~~~Y2C~ ~YZ11 SrC ~~ ~ ~ ~ cri " ` ~ ~' >. .~_ •' --t '~ ~ ,~ ~~~W~e~-~ __ ____- ~ ~ ~Y1C' 11SS~ ~ . ~~vh~~ ~ cl ~ S~ I'Ze~ IrV ~~ h ~ hc. _ g~ _. rn(~I ~~ ~h rm _ }~i~-h ~6~Se _ b9~~ i~ INI-~h ~-}l~e ~1~~r~fi~f __ _. __ __ • • • l~Jt~,i~e `{fin k N~ha~ l iR~Si- Co aS"T1e~s}tee ~J~'~ 9~e L~ Tia-~~~ ?~LXo-3 VS, rneli~a ~.I~,~.~- 2~ m~a~I~SFe~: Chu~cG~~d: C,~~I~S~ Pa lao~ -~efe~lctar,+ C-~2-+ c~ Ca7wr~n ~,iS Gvi IS l~ivi Si~h ~um~e~2~r,c1 Cp~p~j Nd~ 6R- 94a~ Gds 17~~rv, v~Qll ICoY~7 Dn ~ . i`Y~16~ k~ N~,be~+, V2a~ ~ha{-fhe {acts Set ~Ol~~h in-~I~ ~FO~P9O1n9 ~j2e -~2ve a+,cl Co12t~C-F. unae~Sia~i ~}I~-i -False S-i~I~merrfS h~~in ~a.e i~r~cie svb~ec-~ ~o -I~he pev~H~eS o-~ PA . C. S, Sec-hon 4~%l~ -~eia~hnq fib unSw f~~s~c~c~ ~ d~~lhv~.~f~~ rn u T~~~rz;~ 1~, J~io • •! De~~5dlie - N~rior~~ C'~2+ vF r.~rnm~, Pie~S -r~~ c,,,i ,~ T~.~e c.v. i c~~~;s;o~ ~~~+~"2~ 3 c~m-~~bnd cr~vr~Fi,, C~v~l 7~e~r, VS. 11'lel is'~ !L, I-}f ~lD rl~F?IhSfeaz Ch~Lh Y1ci. Co~~li9e pa i~ur3 Defenc~n-I- L~ei~h~i Ca+e ~ Se~.vice . i , ~'leiiS~ k. ~l~t~at, he~~b~ cer~,~ oh phis dai.~ ~ I-15- lu, 1 h'1~iI~°d the ~lacY~ed d~vmerrt ~fb one -F~IloVwny .people. Shdpi-2o ~ 1?e/Varaclo ,1..~.C j~1 ~ C Ise I Uan.k , ESQ 3t~oo Novi ion ~v-~ , Su f e 1~a ~ir~J ~ J~us~~a , Pa ~l 4oi~ Janu~~..i 15~ 1.oia SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Baz # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE N0.09-036788 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3 PLAINTIFF VS. Melissa K. Haubert DEFENDANT of rr~~~'~~ao~r~o~iotA~~ 201Q OCT 26 A~ f0~ 3 7 CUMBERLI~F~D C13UPd~Y Pc~aSYL!IAP~IA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-8476-CIVIL TERM PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mazk the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & De ARDO, LLC BY: Michael J lazk, Esquire Attorney or Plaintiff SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE N0.09-036788 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3 PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-8476-CIVIL TERM Melissa K. Haubert DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I haveGserved a true and correct copy of the Praecipe to Settle, Discontinue and End on - r ~ to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Melissa K. Haubert 270 McAllister Church Road Carlisle, PA 17013 BY: SHAPIRO & DeIXARDO. LLC Ivlicliael Jlark, Esquire Attorney Plaintiff