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Home My WebLink About10-1480T f SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 Ra-o,rFa MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 f ?r ?''t MHO I OT'ARY LESLIE RASE; ESQ., ATTORNEY I.D. NO. 58365 2010 MAR -3 AM {0:54 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 P&MYLVAN A S & D FILE NO. 10-037253 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2006-10 PLAINTIFF CUMBERLAND COUNTY NO: !O - t il$v 010 t_n VS Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Amanda C. Kephart 118 Virgina Avenue Carlisle, PA 17013 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. CD $9;t .oo ?.L R1? cK-64 3Yz514, ?'- as ?-zs7 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. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Amanda C. Kephart 118 Virgina Avenue Carlisle, PA 17013 DEFENDANTS NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10, the address of which is, 7255 Baymeadows Way, Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Long Beach Mortgage Company Mortgagor s : )Robert E. Kephart and Amanda C. Kephart (b) Date of Mortgage: September 29, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1969, Page 350 Date: October. 11, 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 2006-10 The assignment is in the process of being formalized. 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 118 Virginia Avenue, Carlisle, Pa 17013 and is more specifically described as attached as part of Exhibit "A": 4. The names and mailing addresses of the Defendants are: Robert E. Kephart, 118 Virginia Avenue, Carlisle, PA 17013 Amanda C. Kephart, 118 Virgina Avenue, 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 September 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 February 28, 2010: Principal Balance Due Interest Currently Due and Owing at 8.45% From August 1, 2009 to February 28, 2010 Late Charges Escrow Advances Property Inspection Title Serach Attorney Fees & Costs of Foreclosure TOTAL $99,123.10 $4,865.40 $512.79 $2,858.54 $127.55 $250.00 $4,956.16 $112,693.54 8. Interest accrues at a per diem rate of $22.95 each day after February 28, 2010, 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 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. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et SeMc ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: - SHAPIRO & DeNARDO, LLC BY: VY, / `ttorneys S & D File No. 10-037253 When recorded, mail to: LONG BEACH MORTGAGE COMPANY 2210 ENTERPRISE DR., M/S: S000140 FLORENCE, SC 29501 Loan No. 6774141-7756 Parcel Number: a'Q. X60 - ?D9y z&)3 -FWAY P. ZIEGLER P MRDER OF DEEDS ?FLa1tD COUNTY- r ON OCT 11 Aid 10 44 Wpm Above'rfts Use for > Ddal MORTGAGE THIS MORTGAGE ('Security Instrument') is given an September 29 , 2006 . The mortgagor is ROBERT E KEPHART and AMANDA C KEPHART, HUSBAND AND WIPE AS JOINT TENANTS ("Borrower'). This Security Instrument is given to LONG BEACH MORTGAGE COMPANY which is organized and existing under. the laws of the State of Delaware , and whose address is 1400 S. DOUGLASS RD.. SUITE 100, ANAHBIM, CA 92806 One Hundred One Thousand Six Hundred and m/100-- {'Leader'). Borrower owes Lander the principal sum of Dollars (U.S. 8 101,600.00 This debt In evidenced by Borruwer'e note dated the same date as this Sersjrity Imtrummnt ('Note"), which provides for monthly payments, with the foil debt, if not paid earlier, due sad payable on Ogobef 1 , 2036 This Secu tf la flume nt secures to Lender: (a) the rspaymeat of the debt evidenced by the Note, with interest, and allrenewals, extonaione and MoMeations of the Note; (b) the payment of all other sums, with iaterert, advanced under paragraph 7 to protect the socurity of this Security Instruraemt; and (c) d w perform me of BasroWW,g covenaote and agreements under this Secnrity Instrument and the Note. For this purpose, Borrower does hereby mortpgs, Suet and convoy to Leader the following described property located in CUMBERLAND County, Pennsylvania: LEGAL DBSCRHMON ATTACHED HERETO AND MADE A PART HEMP which has the address of 118 VMGiINIA AVBNUE CARLISLE Pouasylvanle 17013 14 Coda] ("property Address'); FINN61/1VAMA•Sin91a F°eaYy-FNMAIMMC LNWOWA WI&UMINT Fonn 3038 4ft-WK 1eal2l AM.Zd I Pow 107 IrddiN2 ? Ace C vMP MMMASS MRMe.,eoo1921-Ira ?--l9 6 9 PG 0 3 3 TD?Ai (04MIb)?C 1W ? 7 di Isuea. City], TOGETHER WITH all the improvements now or hereafter erected on ti16 property, and all easemants, appurtenances, and futturee now Of he =far a part of the property. All replacements and "am stall also be coveted by this Security Ins4nmeat. All of the foregoing is rebansd to in this SecU ty Imtsanasnt as the " BORROWBR COVEKAM that Bonvwer is IawfaBy sated of the "fate belly conveyed and, has the right to mmtpga grant And convey the Property and that the Property Is unerwo , ompt for enaumbranc" of record, Harrower w aots and will defend generally the title to the Property against all claims and demands, subjwt to any euegmbeaucas of record. THIS SECURITY INSTRUMENT combines uniform covenmts for national use and non aultbrm covennu with Ihntted variations by judmUr m to constitute a uniform sacra ity instrumem covering real UNIFORM COVENANTS. Borrower and Lender covas? and prop". 1. Fa7masst of I!titsd anti agree as [dinar. W010094 PfqmWnmd sad Tame Margo Borrower shall promptly pay when due the principal of and internal on the debt evidenced by the Note and any prepsyasm and. late charges doe under the Note. 2_ Funds an the for Tames wJ Tusuranos, Subject to applicable law or to a written waiver by Lender, Banower shall pay to day momhly psymeats an due under the Note, until the Note is paid In hWl, a sum ('Fonds') for. (a) yearly taxes and assenms®b which may attain priority over this Security Instrument as a lien on the or ground rub on the Property. If any; (a) yeady hazard or properly 1ns?anace y' y(b) ysaty early flood d l?M p ayments ma premiums. if any: (a) yearly mortgage insurance premiums, if any; and (f) a" sums'otro Borrower to issuance premiums. the provisions of paragraph 8, in Iiau of the payment of mortgage Insurance premiums. laY? by Be it to harslet, d accordance with Lender may, at any time, collect sad hold Funds in an amount not to eutpedthe mr? alalb-crow ay related mortgage loan may tsquire for Borrower's escrow account under the federal Real Estate SeWeema Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. (*RBVA'), union another law dot applies to the PuWs sets a leaser amount. If so, Lender may, at any time, collect and hold Funds is an amount not to exceed the loan amount. Lander may estimate the amount of Funds due on the bomb of current data and reasonable estimates of expenditures of }Mare Esaow lion or otherwise in accordance wilt Applicable law. The Fonds shall be held in an hnstitnlloa whose deposits are insured by a federal agency, amity, or entity ( Escrow Indi Zg? Lauder, if is mich an a nn) tin my Federal Nome Lawn Bank, Lender shallApply rice Panels to pay the nifyi I the Escrow Items, o unless Lender Lendender hording aD1d'?Pplyiug *a Funds' iu However, Raw. may ce Borrower Borrower r wer interest on die Fonds and appl=unity analyzing do escrow account, or icable law permits Lewder mab such used by Lender is correction with [tile pay a One-time chug, for on independent odd estate Out reporting service applicable law requires in co infest to be loan, untess applicable law provides odawlse. Unless an agreement Is made or Borrower and Lander may paid, Leader shall not be required to pay Borrower any irbsept or mu nfmga on the Funds. y agree In writing, however, that interest shall be paid on the Fends. Lauder shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and deblb to the Funds and the purpose for which, each debit to the Prods was made. The Funds are pladged m additional new* fur all sew secured by this Seoority Instrument, If the Funds held by Lauder exceed the amounts permitted to be hdd by qVic+ble law, Lender shall amount to Borrower for the excess Funds In accordance with the rmquinmeats of applicable law. If the area= of the Funds held by Lender at any time is not sufficient to pay due Escrow Items when due, Leader may so notify Borrower is writing, shall pay to Lender the amount necessary to mains up the deficiency, Borrower daft m the and, in such sue Borrower twelve moatbly payments, at Leader's sole discretion. up la?Y in more than Upon payment is fuhl of all ensue secured by this Security Instrument, Lender " promptly ret'imd to Borrower any Ponds bold by Lauder. If, under paragraph 21, Larder absQ acTdm or sell the Peoputy o apply any Funds held by l vodnr at the time of acquisition a ir sale , a?r• prior to the & ?usecured by this Security haftument. 1 and 2 she H mtlon of I yyn?. Unless applicable law provides otherwise, all payments received by Leader under paragraphs ? to fnt, to any prepayment urges doe under 1116 Note: second, to amounts payable under paragraph 2; thirt Interest due; fourth, to principal due: and Let, to any has udwps doe under the Note. 4. Ch large , Liens. Borrower shall pay all taxes, assessments, charges, {roes and hnpositioas attributable to the which nay atheist priority over this Security Instrumant, and lanhold payments or groom rents, if ptopmy my. these obligations In the mauuer provided in paragraph 2, or If not pairs in that maunar Borrower shall ? ah directl pay to 13oaoe?n owe mein. Borrower stall promptly furnish to Leader all notices of amounb to be l? uthem on nder 6issparaby If makes these paymetas directly, Borrower shall promptly furnish to Lander receipts evidencing the payments, -6H(FA) feel 2; No.2 07 [fit" ? ,G lp/AR (04b9p{) /c -Form 9/9,aa ?{ 96 9 PG 0 3 3 9 Loan No. 6774141.7756 Borrower shall pmmpdy discharge any Use which has pdadity over this Security Instrument Mess Borrower: (a) agrees in writing to the payment of the obtipfim secured by the Tian in a moaner scceptable to Lender, (b) contests in good WA the lien by, of Made against enforcamsnt of the lien in, I"d which In the Loader's snforesmwt of the limn, or (c) secures from the holder of ? opinion. openers to prew®t the this Sesw* Instil mmu. Lf Lender deturnines dun: any part of the ?? to L Len to Property is aubJect to a lied which may akin priority over this Security Imtranent, Lender may give Borrower a notice identifying the lien. Borrower shop satisfy the lien or taros am or more of the rations art forth above within 10 days of the giving of notice. S. R acrd or Property brsu mnoe. Borrower shall loeep the improvemamts now existing or hereafter erected an the Property Insured against Ioss by fire, boards iaoladed wit k the term •ottsnded coverage" and any other hazards, including floods or flooding, for which Lender requires imunmce. This insurance ahsclt be mnfataisod in the amounts and for the periods that Landes' requires The insurance career providing the insurance shall be chosen by Borrower xaMort to Landoes approval whiab ahdl not be unreasonably withhold. If Borrower fiW to auintam coverage described drove, Lander may, at Lender's option, obtain coverage to Protect Lender's rights in the property in accordance aith paragraph 7, All Insure ace policies and renaw&U shalt be acceptable to Lender and shall Include a atssndard mortgage dam, Lender shall have the right to told the policies and renewals. If Lender requires, Borrower shalt promptly give to Leader all receipts of paid premiums and renewal notices. In the event of lose, Borrower shall give prompt antics to tie idearame carrier aloe Leader. Under may mats proof of loss if not made promptly by Borrower. Udsss Lander and Borrower otherwise agree in writing, insurance prooseds shalt be applied to restantim or repair of the Property mdamaged, if the restoration or repair is economically hosele and Ladder's security In not lessened. If the restoration. or repair econosdmally fasible or Lender's security wand be Iessemd, the Issuance proceeds stall be applied to the stunt secured by this Soundly Instrunwa, whether or not then doe, with any excess paid to Borrower. If Borrower abwdons the Pr Lender may operty, or doss not answer within 30 days a notice fiom Lender that the insmaace carrier has offaseci to secde a claim, then secured collect the insurance proceeds, Lender may use the proceeds to repair or restore the property or to pay rams by this Security 1nstrameot, whetter or not rhea duo. Tho 30-day period will begin wren the notice is gives. Unless Lewder and Borrower otherwise agree in writing, am/ applicadvn of proceeds to principal shall not extend or postpone the due dwo of the monthly payments referred to in psragea* I. and 2 or change the amount of the payments. If under paragraph 21 the Property Is acquired by Lender, Borrower's right to any faouranee polieie„ ad proceeds rewting fine damage to *a property prior to the acquisition shall pass to Lender to the extent of the sums seemed by this Security Instrument iamnedLtely Pte' to the acgadnaition, ???? ucy, Pruervation, Mdat?ennum and Protection of die Pteptutrl Berrowrr'e Loran Appficade ; occupy, establish, and use the Property as Borrumves principal residence within sixty days after the execution of this Security lnstrarom and shall contlaue to occupy the Property as Borrower's prnncipel residence for at leaf one year after the date of occopamy, unless Lander otherwise agrees in writing, which oomeat shalt not be unreasonably withheld or aulesa wasmtatieS chau0 stawAm exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the property, allow 6* property to deteriorate, or commit waste on the Property. Borrower "be In default N any forfeiture action or proceeding, whattar civil or criminal, is begun that In. Lender's good faith Judgment could tank in forfeitun of the Property or otherwise materially impair the lion created by this Soca by butttm ant or Lsnder'a care such a dshWt and reinstate, as provided is 18, qty Interest. S r may par?aph try canning the action or Iaoceedigg to be dismissed with whh a a ruling that, in Larder's good fifth determination, precludes fothifte of the Borrower's Interest In tie Propem or other material impairment of the lien aressid by this Security Inettumedt or Lender's security hda uL Borrower shalt also be in default if Borrower, during the loan a pplicadm process, p" to paovidia Leader with materially film or iasoomd>,te Infomnation or shtsmants to Lander (or failed any material infonmadon) in c nnoction with the loam evidenced by the Note, Incl de8? but not limited to, repne"nu bolos concerning Borrower's ocmgwAy of the Property as a principal residence. If tbis Security Igsh med Is on a leasehold, Borrower shad" comply with all the psovislom of the lease. If Banowat acquires he dune to the Property, the leasehold and the fee dude stall loot marge Wass Lender log va to the merger in writing. ' 7. Proteddon of Lender's Rtghte in the Property. If Borrower [iris to perform do covenants and agreements contained In Win Security Instrument, or theme is a legal proceeding that may significantly aflbct L.endoes rights in the Property (such sa a proceeding in brtnkmptcy, probate, for condaum don or forfeiture or to esforca laws or regulations), rhea Lender may des and pay for whatever is necessary to protect the value of dw Pivperty and Lender's rights in the Property. y include paying any sumo secured by a lien which has priority over this Security rat • inLander's g er in c rations ma reasonable attorsays' fees and entering on the Property to mats repairs. AIW°O Lender er ? way y I ta'ke actiappea under enter, paying on under this paragraph 7, Leader does not have to do to. QVH(PA) loom ww 3 i17 wd•p.tW 4,C,k Ta rom 3038 9190 PA9(oW7/W)PC F M H 9 6 9 PG 0 3 k.O Loan No. 67741-7766 Any amounts disbursed by Lender under dire paragraph 7 shall become additional debt of Borrower secured by this Security lssbravaeat. Unless Borrower and Lender agree to other terms of psymem, than amaomu shall bear interest from the date of disbursement at de Note rate and alell be payable, with interest, upon notice from Lender to Borrower mqueatiog payment. ?,.? 3. Mortgage Y ¦..? starnoT.. If Lender requited morlgaga insurance as a condition of making the loan segued by this Security Instrument, Borrower shell pay the premium ns required to maiahia tie awrtgage insurance In effect. If, for nay reason, the mortgage insurance coverage required by Lender lapses or come to be in effect, Borrower d" pay the premiums required to obtain coverage sobstantbdly equivalent to the mortgage ionsvoce previously in affect, at a coat substantially equivalent to the cost to Borrower of the nwrtgage insurance previously in effect, from an alternate mortgage iosarer approved by Leader. If substantially equivalent mortisge ni mmus coverage is not available, Borrower shell pay to Louder arch month a sum equal to o of the yeady mortgage insurance premimn being paid by Borrower when die kow uoe coverage lapsed or ceased to be in effect. Leader will accept, use and retain thesepayaoents as it lose mom In lieu of wort" hunnanee. I.oss reserve payments may no longer be required, at the option of Lender, if mortgage hwataaee coverage (in the amount and for the period that Lender sequin +) provided by an insurer approved by Lander agrdn becomes available and is obtained. Borrower shall pay premiums required to maintain mortgage insurance in effect, err to provide a loss reserve, until the requitement for mortgage insurance emus In accordemee with any written agreement between Borrower and Lender or applicable law. 9. bApectlon. Loader or its agent may make reasonable entries upon and inepectioae of the Property, leader shall give Borrower notice at the tune of or prior to an inspection specifying reasonable canes for Use kupectioo. 10. Coodeumadon. The proceeds of any award or claim for damages, direct or consequential, in connection with any condsmoation or other tdldag of any pat of the Propaq, or for conveyance in lieu of condemnation, are hereby osignod and shall be paid to Lender. In the event of a total taking of the Prop", the proceeds shill be applied to the sums mound by this Security Instrument, whether or not than due, with nW excess paid to Borrower. In the event of a partial taking of die Property In which the fair mutt value of de Plvpaty immedintoly bdoae die taking In equal to or greater lira the amount of the some secured by this Security Instrument immediately before to taking, unless Borrower and fender otherwise agree In wdtiag, the stuns secured by Security Indtment shall be reduced by the amount of the proceeds multiplied by the &Wwiag frsction; (a) &a total this amount before t of the amps secured immediately before the taking, divided by (b) the his market value of the Property immediately taking. Any babmee shall be paid to Borrower. In the event of a partial taking of the property In which the fig market value of the Property immediately before tits taking is less'thaa rite amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or uahsss applicable law otherwise provides, the proceeds shall be applied to the inane secured by this Socm&y Instru nwat whether or not the some arc then due. If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the mulso nor offers to make an award or settle a claim for damages, Borrower fulls to respond to Lancer within 30 days after the date the noires is given, Lender is authorized to collect and apply the proeooda, at its option, either to restoration. or repair of the Property or to the sums secured by this Security Instrument, whether or not thou due. Video Lander and Borrower otherwise agree In writing, nay applimim of proceeds to principal shall not extend or postpone the due data of the m eddy payments Marred to in peragoiphs 1 and 2 or chop the amount of such payments. 11. Borrower Not Mowed; Forheaeaom By Leads Not a Waiver. Bxtmkm of the time for payment or modification of amortization of the some secured by this Security Instrument granted by Lander to any successor in hand of Borrower shall not operate to ralove, the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commaum proceedinge agamet any successor ban interest or refuse to extend tins for payment or otherwise modify amortization of the arms seemed by this Seetuity Instrsrmeta by mason of any demand mode by the original Borrower or Borrower's auccamon in Interest. Any forbearance by Lender in examining any right or remedy shall not be a waiver of or preclude the exercise of any right or ismody. 12. Som m m and Assiptt Botmdi Joint and Sereral haft; Co-drmu. the covenants and agreements of this Security Instrument shall bind mhd benefit die saocamm and assigue of Leader and Borrower, subject to the provisions of paragraph, 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Imskvmant but doo not execute the Note: (a) is oo-signing this Security hwhumant only to ma#gsp, gmat sad con Securit t Borrower's interest in the Property under the tetma of this Secuuity Instrument; (b) is not personally obligated to pay the vey sums secured by this Security Instrument; and (c) agrees that Lender and any Other Borrower may ague to extend, modify, forbear or nuke any seeammodations with regard to tie terms of this Security Instrment or the Note without that Borrower's consent. (zi x+wr+iVl' GIS. SHIPAItasizi 4 -y 7 loser 3039 9/90 7oPA4(?i m)Fc 19 6 9 PG Q 3 41 loan No. 6774141.77s6 13. Donn Charges If the loan warred by this Security Instrument is subject to a law which sacs mailman loan tinges, and that law is finally Interpreted so that the interest or other loan charges collected or to be collected is cocaeodon with the loan Oweed the permitted Waits, then: (a) say such loan change shall be reduced by the amount aecaaary to reduce the chugs to the permitted Wait; and (b) nay sums already collected from Borrower which exceeded permittsd limits will be tefieaded to Borrower. Leader may choose to malts this tefitad by seducing due princW owed under the Note or by mating a direct payment to Borrower. If a refund reduces princ4W, the redaction will be treated as a partial prepayameat without any pvgmwmeatt charge under the Note. 14. Ndtxs. Any notice to Borrower provided for to this Security Instrument shall be given by deliverlag it or by malling it by fiat clan mail unless mpplicable law requires use of snctha method. The notice shall be directed to the property A,ddnm or any other address Borrower designates by notice to Lender. Any nonce to Leader shall be given by first close mail to Loader's address stated berein or say other address Leader donignatoe by notice to Borrower. Any notice pmvidad for in this Security Instrument shall be deemed to have been, given, to Borrower or Leader when given as provided ht this paragisph. 13• Governing Law; Swerabillty. This Ssasrity Inseument shall be governed by Schuh law and sir law of the jurisdidtfon in which the property is located. In the not that any provision or classic of this Security Instrument or the Now conflicts with applicable law, sadh conflict shall not atfeot other provisions of dLb Security bletrsment or the Now which can be given effect without the conflicting provision. To this and the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower aluil be given one conformed copy of the Now and of this Security Iustru®ant. 17. Treader of the Property or a Bemddml Interest in Borrower. If all or any pat of the Property or any intent in it is sold or bansfiued (or If a bemef vial intuset in Borrower in sold or trunfanred and. Borrower Is not a natural pan=) without Lender's prior written consent, Lander may, at its option, require immediate payment in fall of all same seamed by this Security butru aleat. However, this option shall not be exorcised by header if exercise is prohibited by federal law se of the date of this Security Inattumant. U Leader exercises this option, Leader shell give Borrower notice of acceleration. The nodes dull provide a period of not less than 30 days from the date the notice is delivered or allied within which Borrower must pay all sums secured by this Security Instrument. If Borrower fins to pay these suns prior to the expiry ion of this period, Leader may invoke any remedies perantled. by this SocudLy Instrument without further notice or demand on Borrower. 18. Borrower's )RI* to Reiniftli . If burrower meets certain conditions, Borrower shall have the right to have eafo vemeat of this Seem* Iastrumat discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for relnetatement) before ado of the Property putaaat to nay power of ado conttieed in this Security lmhument; or (b) salty of a judgment asAi rung this So=* Imtrememt. Those conditions are that Borrower: (a) pays Leader all suuus which than would be due under this Secuity Instrument and the Note ae if no acceleradon had occurred; (b) cares say default of say other covenants or agreements; (c) pays all expenses inured in #118 Security kftunont, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Loader may?reasonably require to won that the lion of this Security instrument, Lender's rights in the Proparty and Borower's obligation to pay the some secuuod by this Seca* Instrument droll conchae unchanged, Upon telnatatameat by Borrower. We Security Instrument and the obligations secured hereby shall remain fully of m ive as if rev acceleration had occurred. However, this right to reinstate shall not apply In, the can of acceleration under paagmaph.17. 19. Sole of Note; Change of Loan Secviaer. The Note or a partial Interest in rho Now (together with this security Instrunnent) may be void one or more timoe without prior notice to Borrower. A de may noult In a change al rari as the "Loan Servider") that collects muddy psymamts due under the Note lu d this 7bue also entity (known or moms changes of the Lora Servicer um?elated to a sale of the Note. If than is a change of the Loan Servicar, Borm? wbe ova ill be given written notice of the change in accordance with parag V% 14 above and applicable law. The notice will state the game and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other inforneuion required by applicable law. 20. Hazprdoos Substances. Borrower shall not cause or pmmit the presence, use, disposal, storage, or release of say Hazardous Substances on or in the Property. Borrower dual not do, nor allow snyono alms to do, atgrthfag afTecting the Property that Is is violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of E aardous Subshwzoe tint are gomralty recognized to be IgTroprinte to normal residontiat uses and to maintenance of the Property. Oft-GHt?A) [maid wd@k= • C Pp. 6 of 7 11-M Wn aa9o '°°"°`°''?""'"C 8K-1 9 6 9 PG 0 3 4 2 loam No. 6774141-7766 Borrower shall promptly give Leader written notice of nay investigation, dabm, demand, lawsuit or other action by any goversammW or regulatory agency or pdvate party involving the Property and any Hazardous Sbbsiaace or Envfrormental Law of which Borrower bas actual knowledge. If Borrower loess, or is noticed by say govern natal or regulatory sut>tority, that any removal or other rsmediation of any H&zudaos Substance affecting the Property is aecesaary, Borrower dud) promptly take all necessary remadiai actions to accordance with Environmental Law. An used in thin paragraph 20, 'Hazardous Subat mm" are dmm sabobwcee defined as toxic or hazardous substances by Environmental Law and the Following substances: gasolhu, kerosene, other duamable or toxic pebohnut Products, toxic pesticides and herbicides, volatile advents, materials containing sebsston or hmuoklahyda, and radioactive materials. As used in this paragraph 20, "Bnvhrrumnatal Law• mesas fedarnl laws and laws of the jurisdiction when the property is located that relate to haNh, safety or envitmasntal protection. NON UNWORM COVENANTS. Borrower and Lender farther covenant sad agree as follows: breach 21. Acceleradow, ltemedles, Lertder shod give no" to Borrower prior to acceleration lolls 'of any covenant or agreement m this Socor ty hnitmnent (bal not prior relsrotion Under ? paragem rapsplt war a I7 action applicable haw provider odwrwire). Leader shad aodt? Borrower o ae th required to dance the ddedt, (e) when the default mug be cared; of, among u (a) eba deliaa N) the adios result In acceleration of the rhmte secured d i and (d) Wert Man to ? °? Me dietialt a an s specitfed may Property. cult In Leader sled itereu Inform by t i tMo d Secw ¢ butru sent, foredssure by judicial proeeedbtg sad sate of the to rdmttete altar aooderation and are eight to mint in the foredoeere prooe.ibsg the non-eslOam of a dealt or say ofaer defe re of Borrower io as ioratloe and fendestaY. If the drfadt is not dead an ape Med, Leader, at W option, may ngWn lmmedlate payment In IN of all swan sedared by this security laetruaent without further demand and am hrodae thin Serenity .Iaok"now by Judicial Proceeding. Lauder shad be eraddea to ogled s0 expe ones Wcur A to pursuing the remedies prodded In this poragraph 21, Including, but not lbdted to, attarnays' fees aced eoets of dde evidence to the afoot permitted by appdcabk haw. =. aura. Upon payment of all aams secured by this security lostrun ant, thin Security Infra mmL and the estate conveyed shell tariamsta and become void. Aikr such occurrence, Leader ,hall discharge and satisfy this Security Ia.buument to Borrower. Borrower shell pay any recordation costa. l ender may charge Borrower a fee for relesaing this Security Inatcu n , but only if the fee is paid to a third party for services rendered and the charging of the fee in permitted under sPp law. 23. to enforce this Wavern. Harrower, to the extent permitted by applicable law, waives and releases say arror or defects in proceedings Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of tiros, exemption tiom attachment, levy and sale, and homestead exauaptlon. 24. Rahtotabonvot Period. Borrower's time to rains ate provided is paragraph III shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other onto pursuant to this Security Instrument. 23. Parchan Mm4 Mortgage. If aq of dhe debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, dda Security Instrument shall be a purchase money mortgage. 26. Interest Rate After JudpnenL Borrower agrees that the interest rate payable afka a judgment is entered on flu Note or in an action of mortgage foreclosure shall be the rate payable from time to time under due Note. 27. Riders to tilt Secmity ItnfrunmiL If one or more riders are executed by Borrower and recorded together with this Security Instrument, me coves mis and Agreements of each such rider shell be incorporated into and stall amend and supplement the covenaote and agieenrentr of this Security las rument as if the rider(s) were a part of this Security Instrument. (Ch sPplicable box(es)) Adjustable Rate Rider MCondom Rider 14 Family Rider Graduated Payment Rider Planned nit opma Rider Biweekly Paym a Rider Balloon Rider Rate Improvement Rider Second Rome Rider VA Rider Other(s) (specify) 4%•9M(PA) potj) r?d.rr? ? A-G K . pool a of Prom 3039 9190 ?°''Ae`?n'°°' 'p 9919 6 9P&034 3 Loan No. 6774141-7756 BY SIGNING BELOW, Borrower accepts and agrees to the term and coveeaals contained in this Securlty Iaatrament OW in any rider(s) executed by Borrower and xecorded with it. Witnesses: (Seal) -Borrower -(Seel) •Bomower Cerdecate orReaddtnoe I, acm C . V 44n , do hereby cattily that the correct address of the within named Mortgagee is 1400 S. DOUGLASS RD., SUITE loo ANAHEIM, CA 92806 Witness my Land this Zqt%j day Of rnirae?r {? &-Axe Agent of Mortgagee COMMONWEALTH OF PENNS'YLVANMA, 8%fam.4im Yow, County ss: On this, the 2??1 day of Stpktrjk " before me, the undersigned officer, personally °`te`' 2obert E. Lphart altd C6W_V? C mart' known to the (or aatil dy proVOU) to be the Person S whose names Qtr. subsced rib to the within lnstcumeut sad acknowledged that executed the same for the purposes hemin contained, IN WITNESS WHHRBOF, I hereunto set my hared and official seal. My Commission Expires: BaftFneL NalmidSW = F ass PrY?i? Pubtio Comsieslee Pim 11, 2M Member. P-MmIN 1, Anededon of N.W&. (seal) Rpi* T S T ,?? 0 )ffia? 101 koqd?- AMANDA C KEPHART ( ) Borrower f, X'Wali Tiac or Qmeo[T ?6H(PA)tee?z? a.e.707 Form 3039 9190 TDPAr(oad ZM4)PC 19 6. 9 PG 0 3 4 4 Loan No. 6774141."56 FIXED/ADJUSTABLE RATE RIDER (LOOR bider. Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made on this 29th day of Septeober , 2006 , aad is irs arporsted into and shag be deemed to smend sad ettpplament the Mortgage, Deed of Trust or Security Deed (the 'Security Instri aaeot") of the am dare given by the undersigned (the 'Borrower") to secure Borrower's Fbte&Adjustable Rata Note (dw 'Note") to LONG BEAM MORTGAGE COMPANY (the"Lender") of rho same date and covering the property descirIbed In the Security Instrtmoew and located at: 118 VIBGDU AVENUE CARLE% PA 17013 1PiepMy Add.] THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE AND TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWER'S ADJUSTABLE RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender farther covenant and agree ss follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 8.450 %. The Note also provides for a change in the mettle! fixed rate to an adjustable interest rate, as follows: 1. ADJUSTABLE IIIITEREST RATE AND MONTHLY PAYMENT CHANGES (a) Charge Dates The initial fixed interest rate will change to an adjustable Interest rate on the first day of Octobee , 2008 , amt on the rust day of the month every 6th month thereaRar. Each data on which the adjustable interest rate could change is called a "Change Date." (b) The Index Beginning with the first Change Date, the interest rate will be based on an ladex. The "Index" Is the average of the London interbank offend rates for six month dollar deposib In the London market based on quotations at five major banks ("LIBOR'), as set forth in fire "Money Rates" section of Tire Wolf SYrear Joumal, or if the Money Ratan section caries to be published or becomes unavailable for may reason, than as set forth in it comparable publication selected by the Leader. 'rho most recent Index figure avaWle as of the data 45 days before each Change Date 1s called the "Current Iudo ." Pennsylvania Plxed/Adiustable Rate Rider - Uaor he. 1 ./ 7 t 40388100021 eLge"ONIC LAMA roleae. INC. - 111001317-011411 040=1 (03A7 M)PC Loan No. 6774141-7766 BiI969PGO345 (c) Caludadon of Chan" Before each Champ Date, the Lender will calculate my new hdarM not by adding Few and Ninety Nhre Rundredde percentage point(s) ( 4.910 %) to the Current Index. The Lender will then round the tw* of this addition to the nearest ono eighth of one percentage point (0.125;6). Subject to the limits stated in Section 1(d) on the following page, this rvuodod amount will be the new interest rate until the next Change Date. The Lender will than determine the amount of the monthly payment that would be sufficient to repay the unpaid principal balance as of the Ching. Date In fat on the Inanity Date at the now interea rate in substantially equal payments. The result of this calculation well be the now monthly payment. (d) Units on letee+mt Sate Change The interest ate at the first Change Date will not be greater than 10.459 % or less than 8.450 %. Thereafter; the adjustable interat rate will never be increased or decreased on any single Change Date by more than One pegs pow ( 1.000 %) from the rate of interest applicable during the preceding 6 months. The adjustable interest rate will never be greater than 14.450 %. Which is called the Wz;ximum Rate' or leas than 8.450 % which is called tits 'Minimum Rate". (e) Effective Date of Changes Each new adjustable interest rate will become effective on each Change Date. The amount of each new monthly payment will be due and payable on the fiat monthly payment date attar the Change Date until the Mount of the Monthly payment changes again.. (t) Notice of Changes The Lender will deliver or mail a notice of any changes in the adjustable interest rate and the amount of the new monthly payment to the Borrower before the e%Wve data of any change. The notice will include information requited by law to be given to the Borrower and also the title and telephone number of a person who will answer any questions regardiag than notice. B. TRANSFER OF Ti's PROPERTY OR A BENEFICIAL MEREST 1K BORROWZR 1. Until Borrower's initial fixed interest rate changes to an a4tmlable interest ate under the terms stated in Section A above, Uniform Covenant 17 of the Security Insttuoreut provides as follows: Transfer of the Property or a 9600 iclal lndasnt In Borrower. If all or any part of the Property or any interest in it is sold or trausferrod (or If a beneficial interest in Borrower is sold or transferred and Borrower is net a natural person) without Leader's prior written consent, Lender may, at Its option, require h ornediate payment in full of all sums secured by this Security Imtrument. However, this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date of thL Security Instrument. If Lender exercises this option, bender dull give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days firom the date the notice is delivered or mailed within which Borrower toast pay all Ponnsvtwn(e Plxad/Aequatabto Rote Rider - Libor A-411403982 moon raw r of 3 41407a+la: (MWraW) PC LOW No. 6"4141 -7766 8K 1'9 6 9 PG 0 3 4 6 sums secured by this Security Instrument. If Borrower fade to pay these sums prior to the expiration of this period, mender may invoice any remedies permitted by this Security Instrument without further entice or demand on Borrower. 2. When Borrower's initial fixed interest rue changes to an a4ftwtable interest ate under the term, sated in Section A above, Uniform Covenant 17 of the security hokuement coominad in section B(1) above shall then cease to be in effect, and Uniform Covenant 17 of the Soc city Imt<umept shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or say interest in it is sold or transferred (or if a beneficial interest in Bormwer L sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Leader may, at its option, require immediate payment in full of-all sums secured by this Security Imstrumsmt. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Iasfmasent. Lender also slop not exorcise this option if. (a) Borrower causes to be submitted to Linder Information required by Lender to evaluate the intended transferee as if a new loan were being made to the trandsree; and (b) Lender rouambly determine that Leader's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agroemeut in this Security lnelrumsnt is acceptable to Leader. To the extent poomim-A by applicable law, Lender may charge a numnable fee as a condition to Leader's consent to the loan assumption. Lander also may requite the transferee to sign an assumption aposmeat that in acceptable to Lender and that obligates the transferee to beep all the promisee and apeensents made is the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and Security instrument unions Lender releases Borrower in writing. If Lender exercises the option to require immediate payment In full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all an= secured by this Seeasity •lmetrumot. If Borrowor 66 to pay these an= prior to the expiration of this period, Lender may invoice any remsdke permitted by this So=* Instrument without farther notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fbted/Adjustable Rate Rider. -(Sul) T -Borrower err- r (Baal) AMANDA C MUMART -Borrower [Sign Original only] Pennaytnnte Fixed/Adjustable Rate Rfdar - Ubor A-4140388(oooz) T" e14e01WONOIN000) PC -(Seal) -Bormwor (Sea) -Borrower P". 3.13 Loan No. 6774141-7756 8K ! 969PGO347 Loan No: 6774141-7756 LENDER IDENTIFICATION RIDER TO SECURITy INIS'[RUMENT THIS LENDER IDENTIFICA'T'ION RIDER TO SECURITY INSTRUMENT In attached to, incorporated into, and shall be deemed to amend and eeppl mmu the Mortgage, Deed of Treat, Mortgage Deed, or Security Deed (collectively, the 'Security lmtrument') of tide same date herewith given by the undersigned (the 'Borrower') to emm Borroww's Note of this am date given by Borrower to Long Beach Mortgage Company, and covering the property commonly known an: 118 VIRO NA AVENUE, CARLISLE, PA 17013 ADDITIONAL COVENANTS. In addition to the covens b and agreements made in the security Instrument, the parties hereto further agree that the Security In bvtoent is amended u follows: "Lender" is WASHINGTON MUTUAL BANK, u sttccesaori>rlnterest to LONG BEACH MORTGAGE COMPANY by OPmd a of law. WAMMTON MUTUAL BANK Is doing basinesa under the name LONG BEACH MORTGAGE. WASHIMOTON MUTUAL BANK is a federal savings back organized and eAding Under the laws of tie United States of America, and is regulated by the Office of Thrift Supervislon. Londer's address is 1400 S. DOUGLASS RD., SUITE 100, ANAHEIM, CA 928M. Except as amended herein, everything else contained in dw security Instrument remains aaehanged and in full force and effect. BY SIGNING BELOW, Borrower aooepls and apms to fie tame and covmauQt contained In ads Lender Idendfl atlon Rider to Security bdntmrm%L E E ART Date MANDA C KEPHART Date LENDER IDENTIFICATION RIDER TO SECURITY INSTRUMENT 41407791oo0I1 VMr M&M." 36kal .,, ire. 4140MI (04*80)JNq 19A 969PG0348 Ezbibit "A" ALL that tract of land situate in North Middleton Township, Cumberland County, Pennsylvania with building and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINMG at a point on the southern side of Virginia Avenue at line of Lot No. 49 on the hereinafter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds Fast 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Run Estates, South 64 degrees 45 minutes 46 seconds West 48.00 feet to a point at Lot No. 47 on said Plan of Lots; thence along Lot No. 47 North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNING. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan Book 33, Page 109. SUBJECT, nevertheless to the building and use restrictions and provisions as recorded with said plan. See Homeowners Association covenant recorded in Miscellaneous Book 283, Page 310. UNDER AND SUBJECT, nevertheless to easements, restrictions, reservations, conditions and rights of way of record. T f 4: r , +t_;,. ''L rtUl'ltL'd hi u.ilberland County PA r?. Recorder of Deeds 89,41-6 9 PG 0 3A 9 Chase Home Finance LLC FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 November 16, 2009 AMANDA C KEPHART 118 VIRGINIA AVE CARLISLE PA 17013 004460 /PC/FT CHASED Your house is your home. We want to keep it that way. We need to talk -- call 1-800-848-9380 today. 0698545852 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 1-800-848-9380 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 1-800-848-9380 - the longer you delay, the fewer options you may have. Homeowner's Assistance Department Chase Home Finance LLC 1-800-848-9380 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 1-800.848-9380. LXh YNIII?IgIII?RIIIII?IININ .,oo 4047 5100 7833 6705 r? #is Chase Home Finance LLC FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 November 16, 2009 AMANDA C KEPHART 118 VIRGINIA AVE CARLISLE PA 17013 004460 CHASED PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0698545852 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortzaa 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 Agenc. 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) 780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The 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 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): Amanda C. Kephart PROPERTY ADDRESS: 118 Virginia Ave Carlisle PA 17013 LOAN ACCT. NUMBER: 0698545852 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Chase Home Finance LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE 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 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 12roe?rty 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 THEE 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.) 0044601SP999 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: 118 Virginia Ave 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: 09/01/2009 $776.96 10/01/2009 $776.96 11/01/2009 $776.85 Other charges (explain/itemize): Uncollected Late Charges $46.62 Uncollected Fees: $10.85 Corporate advances: $95.00 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $2388.24 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 $2388.24, 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: Chase Home Finance LLC Attn: OH4-7311 3415 Vision Drive Columbus, OH 43219 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 your default in the manner set 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 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: Chase Home Finance LLC Address: Mail Code FLS-7317 PO Box 41275 Jacksonville, FL 32203-1275 Phone Number: (904) 886-1308 Toll Free: (800) 848-9380 Contact Person: Kimberly Smith Email: kimberly.brown@chase.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or &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." Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848-9380 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 Chase Home Finance LLC FLS-7730 PO BOX 44090 Jacksonville, FL 32231-4090 7100 4047 5100 7833 6699 November 16, 2009 CHASED ROBERT E KEPHART 118 VIRGINIA AVE CARLISLE PA 17013 004461 /PC/FT Your house is your home. We want to keep it that way. We need to talk -- call 1-800-848-9380 today. 0698545852 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 1-800-848-9380 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 1-800-848-9380 - the longer you delay, the fewer options you may have. Homeowner's Assistance Department Chase Home Finance LLC 1-800-848-9380 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 1-800-848-9380. I Chase Home Finance LLC FL5-7730 PO BOX 44090 Jacksonville, FL 32231-4090 November 16, 2009 ROBERT E KEPHART 118 VIRGINIA AVE CARLISLE PA 17013 004461 CHASED PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0698545852 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgaU on your home is in default and the lender intend to foreclose. Specific information about the nature of the default i provided in the attached paw. 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 DAY OF THE DATE OF THIS NOTICE. 'rake 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 find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES 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 _A HOMEOWNER'S NAME(S): Robert E. Kephart PROPERTY ADDRESS: 118 Virginia Ave Carlisle PA 17013 LOAN ACCT. NUMBER: 0698545852 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Chase Home Finance LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN AVE YO R HOME FROM FORECLOSURE AND HELP YO MAKE F TUBE MORT A E PAYMENT 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 YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. 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 S 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 THEE 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.) 004461/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: 118 Virginia Ave 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: 09/01/2009 $776.96 10101/2009 $776.96 11/01/2009 $776.85 Other charges (explain/itemize): Uncollected Late Charges $46.62 Uncollected Fees: $10.85 Corporate advances: $95.00 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $2388.24 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 $2388.24, 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: Chase Home Finance LLC Attn: 0114-7311 3415 Vision Drive Columbus, OH 43219 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 iroperty. *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 w , , RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uo to one hour before the Sheriff's Sale You may do o b paying the total amount then past due phi 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 anny other requirements under the mortgage- Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the 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: Chase Home Finance LLC Address: Mail Code FL5-7317 PO Box 41275 Jacksonville, FL 32203-1275 Phone Number: (904) 886-1308 Toll Free: (800) 848-9380 Contact Person: Kimberly Smith Email: kimberly.brown@chase.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or _& 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." Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848-9380 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 a . Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 v. Robert E. Kephart and Amanda C. Kephart VERIFICATION The undersigned is Vice President of JPMorgan Chase Bank, National Association on behalf of Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, 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 2006-10 Name: Title: Mee P Company: JPMorgan a Bank National Association 10-037253 ' ,~~? SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,~..,,, Ronny R Anderson _ AIEI}' Sheriff t~,, ~t aa,ut,r,. t~~ ~ P~~'!7fir Jody S Smith ~°`" ~'''lo Chief Deputy YO~~ MA1' 12 A~! ~ Edward L Schorpp ~ ' w$ Solicitor , - , ~~ - ~ .-~:~~~ CUM9~~..~'~U ~X?UM' ~~~~1~~ Deutsche Bank National Trust Company s vs. Case Number Robert E. Kephart (et al.) 2010-1480 SHERIFF'S RETURN OF SERVICE 05/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Amanda C. Kephart, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Amanda C. Kephart. Current resident of 1119 Pine Road, Carlisle, PA 17015 advised Deputies she was a past rentor of this property and does not reside at this location anymore. 05/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Amanda C. Kephart, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Amanda C. Kephart. Current resident of 240 E Street Apartment 4, Carlisle, PA 17013 advised Deputies she was a past rentor of this property and does not reside at this location anymore. The Carlisle Postmaster has confirmed Amanda C. Kephart is not known at 240 E Street Apartment 4, Carlisle, PA 17013. SHERIFF COST: $65.24 May 10, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !r. Gcu=„ys,;;r S^f r..'i. Te'?osnit. In:;. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 ;~tiJ 1QID t~~ f 18 Pf~ I ~ ; p COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF VS. NO: 10-1480 Robert E. Kephart and Amanda C. Kephart DEFENDANTS PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: '' Christopher A. DeNardo, Esquire Attorney for Plaintiff ~~o. od ~r ~.A~-~1 ems' 3v~~oY "~-e7~f2~?~ FILED-~i~~iL~ ~JF THE ~~~~ { ~ ~,~: ~~Tt~9Y 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS 2010 J~Jri 24 Ali ! i ~ 07 ~G i~~~ti~ SirL~i~~~`~ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1480 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $115,317.28 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $99,123.10 Interest at 8.45% from August 1, 2009 to June 21, $7,458.75 2010(325 days @ $22.95 per diem) Late Charges $186.45 Escrow Advances $3,215.27 Property Inspection $127.55 Title Search Fees $250.00 Attorney Fees & Costs of Foreclosure $4,956.16 TOTAL $115,317.28 BY: Michael J. Clark, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $115,317.28. Pro. rothy. 10-037253 ~~~3~~~~ N~c ~e 5 n~-w~c~ SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY LD. N0.78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. N0.202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF vs. COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COUNTY NO: iv ~ I Y~~ ~°~~~~ Amanda C. Kephart 118 Virginia Avenue Carlisle, PA 17013 Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 DEFENDANTS STATE OF: COUNTY OF: Duval AFFIDAVIT OF NON-MILITARY SERVICE n c "~ -° v 4 ~ Zl ~ C.... err, +~ m ~- =-~ ~ r" ~-,._ cr: >-= ~ tV~ r ~ ~~~ ~~-a -~-. C r;:., THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. JPMorgan Chase Bank, National Association on behalf of Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 By: ~dcaaC~Zr~, ~ NAME: Esad Cavka TITLE: Speaa~tst Sworn to and subscribed before me this /6 v of fe 2010. Notary Public 10-037253 D.PEKUSIC Notary Public -State of Florida My ;;omm. Expires Jul 7, 2013 Commission ~ DO 9U53ti4 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust ; 2006-10 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS NO: 10-1480 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Robert E. Kephart DATE OF NOTICE: June 11, 2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fmd 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 U5ED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dins de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in Corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o Name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Robert E. Kephart, 118 Virginia Avenue, Carlisle, PA 17013 Amanda C. Kephart, 1150 Pheasant Drive North, Carlisle, PA 17013 _~~ Christo her A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 Robert E. Kephart and Amanda C. Kephart DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Amanda C. Kephart DATE OF NOTICE: June 11, 2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in Corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Robert E. Kephart, 118 Virginia Avenue, Carlisle, PA 17013 Amanda C. Kephart, 1150 Pheasant Drive North, Carlisle, PA 17013 ~i Christ her A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Fraecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, June 11, 2010 to the following Defendants: Robert E. Kephart, 118 Virginia Avenue, Carlisle, PA 17013 Amanda C. Kephart, 1150 Pheasant Drive North, Carlisle, PA 17013 ~~,_ Sheena C. Mayer, Legal Assistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1480 CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Robert E. Kephart, 118 Virginia Avenue, Carlisle, PA 17013 Amanda C. Kephart, 1150 Pheasant Drive North, Carlisle, PA 17013 Date Mailed: SHAPIRO & DeNARDO, LLC BY: Michael J. Clark, Esquire Attorney for Plaintiff Curtis R. Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 '1'U: Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary / [XX] Judgment by Default [ ]Judgment for Possession [ ]Judgment on Award of Arbitration ] Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 Deutsche Bank National Trust Company,' as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. [XX) Judgment by Default [ ]Judgment for Possession ~~e~g Prothonotary ( ]Judgment on Award of Arbitration [ ]Judgment on Verdict [ ]Judgment on Court Findings ~.,.~d ~. B~!( ~", "( IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF vs. OConfessed Judgment OOther File No. /c) •- / `~ ~~ ~ e-i Amount Due $115,317.28 Interest June 22, 2010 to December 8 2010 is $4,538.49 Atty's Comm Costs n ~ v Robert E. Kephart and Amanda C. Kephart ~ ~ ~ -"' DEFENDANT(S) ~ -•`'' `' `" ~, ~- _~ ~ TO THE PROTHONOTARY OF THE SAID COURT: _,-~cr rv ~c , ,y ~ ~~~ The undersigned hereby certifies that the below does not arise out of a retail installment ~safe~ontr~~ or account based on a confession of judgment, but if it does, it is based on the appropriate origr~,af proceediri~~led pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amer~ed..Y ;;~ ~ ~ Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). s~,c~ : o a s' l ~!. UU (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date:~~Zl ? ~ Signature: ~`_" ~ ~~- ~ ~~ ~ ~,~ ~ ~as`~"~ ~'~ Print Name: Michael .Clark, Esquire Address: 3600 orizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 ~~ i~ s ~.. S 0 P ~L wt(y ri '~ s q~: ~o S ~~.YD sc ~o. 00 ~, ~, y ~~, a~ C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-1480 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-]0 Plaintiff (s) From ROBERT E. KEPHART AND AMANDA C. KEPHART (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$115,317.28 L.L. $.50 Interest JUNE 22,2010 TO DECEMBER 8, 2010 IS $4,538.49 Atty's Comm % Due Prothy $2.00 Atty Paid $321.54 Plaintiff Paid Date: June 24, 2010 (Seal) REQUESTING PARTY: Deputy Name Michael J. Clark, Esquire Address: Shapiro & DeNardo, LLC, 3600 horizon Drive, Suite 150, King of Prussia, PA 19406 Attorney for: Plaintiff Telephone: 610-278-6800 Supreme Court ID No. 202929 'TRUE COPY' FROM RECORD k ~ ~ 1 Iwr~s unto set my hand 77T'~~~ ~t Carlisle, Pa. ~~ Zp /~ ~~ Other Costs 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1480 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is c~_ ~'= s; r~ .c- -.:~ ~~. r_> :,;, -n rTi ~_ ~n~7 ,., t_.= J r~ w -< Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006- 10 c/o JPMorgan Chase Bank, National Association 7255 Baymeadows Way Jacksonville, FL 32256 and that the last known addresses of the judgment debtors (Defendants) are: Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 SHAPIRO & DeNARDO, LLC BY: ~1 ~~' Michael .Clark, Esquire Attorney for Plaintiff r~ r_- ~,~: -: ,-_ ~_..., _- -. :. 10-037253 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 NO. 10-037253 Deutsche Bank National Trust Company, as ~ COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2006-10 ~ CUMBERLAND COUNTY PLAINTIFF VS. NO: 10-1480 Robert E. Kephart and Amanda C. Kephart DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10, 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 118 Virginia Avenue, Carlisle, PA 17013. Name and address of Owner(s) or Reputed Owner(s) Robert E. Kephart 2 118 Virginia Avenue ~n- ~ :~ - Carlisle, PA 17013 ._ ;,a ~~; ~, ~ n ~ ~ ~ ~- :.~~ _r r' t Amanda C. Kephart r-'-'J_. ;~~ T,'~ 1150 Pheasant Drive North L~ ~'.' - Carlisle, PA 17013 ~:. -~{ r ~ -- -- - - - . _~, _, . Name and address of Defendants in the judgment: Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 c/o JPMorgan Chase Bank, National Association 7255 Bayrneadows Way Jacksonville, FL 32256 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10, Plaintiff c/o JPMorgan Chase Bank, National Association 7255 Baymeadows Way Jacksonville, FL 32256 Long Beach Mortgage Company 1400 South Douglas Road, Suite 100 Anaheim, CA 92806 Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest 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 118 Virginia Avenue Carlisle, PA 17013 Corene Lauver 118 Virginia Avenue Carlisle, PA 17013 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. SHAPIR /eNARDO, LLC BY: Michae J. Clark, Esquire 10-037253 Ft-~-t~ ~' ~'=t~F i~r T1-?~ to ~_«. ~',~~`:'j:1~Y 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS ZERO v't'~ 24 ~~~~ If ~ 09 CU"~~ ~~ ~~~L~~.l~`( NC`ur:.~r .~~:v. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Your house (real estate) at: 118 Virginia Avenue, Carlisle, PA 17013 29-16-1094-403 is scheduled to be sold at Sheriffs Sale on December 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $115,317.28 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 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.) 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 maybe 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. 10-037253 ALL that tract of land situate in North Middleton Township, Cumberland County, Pennsylvania with building and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Virginia Avenue at line of Lot No. 49, on the hereinafter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds East 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Run Estates; South 64 degrees 45 minutes 46 seconds West 48.00 feet to a paint at Lot No. 47 on said Plan of Lots; thence along Lot No. 47 North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNING. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan Book 33, Page 109. SUBJECT, nevertheless to the building and use restrictions and provisions as recorded with said plan. Parcel No. 29-16-1094-403 BEING THE SAME PREMISES which Douglas R. Wirthlin, by Deed dated September 29, 2006 and recorded October 2006, in the Office for the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 277 Page 382, granted and conveyed unto the Robert E. Kephart and Amanda C. Kephart, husband and wife, in fee. 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 Fll~~,- ~;:r,U~ ~~ ,~ r~-~ , ,~ f,,- ~, .~-~ 2~lQ „~~.~''~ 24 f~ a 11 % i~9 C,~~~ t •. „ ,, w ' ~a z, r~ ~ ~~ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS NO: 10-1480 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 Your house (real estate) at: 118 Virginia Avenue, Carlisle, PA 17013 29-16-1094-403 is scheduled to be sold at Sheriffs Sale on December 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $115,317.28 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 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.) 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 maybe 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. 10-037253 ALL that tract of land situate in North Middleton Township, Cumberland County, Pennsylvania with building and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Virginia Avenue at line of Lot No. 49, on the hereinafter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds East 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Run Estates; South 64 degrees 45 minutes 46 seconds West 48.00 feet to a point at Lot No. 47 on said Plan of Lots; thence along Lot No. 4? North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNING. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan Book 33, Page 109. SUBJECT, nevertheless to the building and use restrictions and provisions as recorded with said plan. Parcel No. 29-16-1094-403 BEING THE SAME PREMISES which Douglas R. Wirthlin, by Deed dated September 29, 2006 and recorded October 2006, in the Office for the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 277 Page 382, granted and conveyed unto the Robert E. Kephart and Amanda C. Kephart, husband and wife, in fee. 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS OF THE PROTHONOTAR Y 2010 DEC - I M10:37 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1480 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on October 1, 2010, the originals of which are attached and that each of said persons appears on Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY. _ Megh6 Williams Legal Assistant 10-037253 c C p "Sul 111ru is O not UUIJU :) W N r o oa uptl?u?t to man Q s ?} i tl e \'l r W oul NC ?sp3t?Nn ° ° ? N T V .y a N A940 a y ? v •m s ? o has r +G 'A' R 3 $ ? ' -6 n ? =? `? c - j h a m 0 a ?a ? v m F ? a?i "° ? $ m m go v ? d Co b ? . ??i Z ? Q }gyo A t? O OgN 0, o r x v`?i4d. Q ? ? `?.`? d O 4O 7•A Q' c ?o- u? Q Q "' 7 ?. a 4 ? . DoE ? q i ?U ? ???? ,? ? a ? Sr.6 x j N F., ? o 'b `?i v U..U a E 1° N C C O N R ? N Q1 E 1 W 0. Z s O 7 L M t o N a.Q N oo o r-+ d < 4 cG ~ o ° ui o ep,x o iC M a Zo Z M N x SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Deutsche Bank National Trust Company vs. Robert E. Kephart (et al.) Case Number 2010-1480 SHERIFF'S RETURN OF SERVICE 10/13/2010 11:02 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1100 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 Robert E. & Amanda C. Kephart, located at, 118 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania according to law. 10/25/2010 08:54 PM - Deputy Robert Bitner, being duly sworn according to law, attempted service to the Defendant, to wit: Amanda C. Kephart at 1119 Pine Road, Dickinson Township, Carlisle, PA 17015. The Defendant was found to have moved. 10/26/2010 04:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10/26/10 at 1635 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: Robert E. Kephart, by making known unto, Coren- Lauver, mother, at, 118 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/27/2010 Sgt. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on 10/26/10 at 151E 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: Amanda C. Kephart, by making known unto, Karl Rominger, Attorney for Defendant, at, Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/02/2010 As directed by Michael J Clark, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/28/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 2/28/11. SHERIFF COST: $753.78 February 28, 2011 .- f r E F l ,j SO ANSWERS, RON R ANDERSON, SHERIFF CP re P/ Ce, . r 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10, 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 118 Virginia Avenue, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s) Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 c/o JPMorgan Chase Bank, National Association 7255 Baymeadows Way Jacksonville, FL 32256 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10, Plaintiff c/o JPMorgan Chase Bank, National Association 7255 Baymeadows Way Jacksonville, FL 32256 Long Beach Mortgage Company 1400 South Douglas Road, Suite 100 Anaheim, CA 92806 Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 118 Virginia Avenue Carlisle, PA 17013 Corene Lauver 118 Virginia Avenue Carlisle, PA 17013 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 NO. 10-037253 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CIVIL DIVISION 2006-10 CUMBERLAND COUNTY PLAINTIFF VS. ; NO: 10-1480 Robert E. Kephart and Amanda C. Kephart DEFENDANTS ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Your house (real estate) at: 118 Virginia Avenue, Carlisle, PA 17013 29-16-1094-403 is scheduled to be sold at Sheriffs Sale on December 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $115,317.28 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 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.) 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 may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty 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. 10-037253 ALL that tract of land situate in North Middleton Township, Cumberland County, Pennsylvania with building and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Virginia Avenue at line of Lot No. 49, on the hereinafter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds East 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Run Estates; South 64 degrees 45 minutes 46 seconds West 48.00 feet to a point at Lot No. 47 on said Plan of Lots; thence along Lot No. 47 North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNING. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan Book 33, Page 109. SUBJECT, nevertheless to the building and use restrictions and provisions as recorded with said plan. Parcel No. 29-16-1094-403 BEING THE SAME PREMISES which Douglas R. Wirthlin, by Deed dated September 29, 2006 and recorded October 2006, in the Office for the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 277 Page 382, granted and conveyed unto the Robert E. Kephart and Amanda C. Kephart, husband and wife, in fee. 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 Your house (real estate) at: 118 Virginia Avenue, Carlisle, PA 17013 29-16-1094-403 is scheduled to be sold at Sheriffs Sale on December 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $115,317.28 obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 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.) 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 may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty 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. 10-037253 ALL that tract of land situate in North Middleton Township, Cumberland County, Pennsylvania with building and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Virginia Avenue at line of Lot No. 49, on the hereinafter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds East 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Run Estates; South 64 degrees 45 minutes 46 seconds West 48.00 feet to a point at Lot No. 47 on said Plan of Lots; thence along Lot No. 47 North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNING. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan Book 33, Page 109. SUBJECT, nevertheless to the building and use restrictions and provisions as recorded with said plan. Parcel No. 29-16-1094-403 BEING THE SAME PREMISES which Douglas R. Wirthlin, by Deed dated September 29, 2006 and recorded October 2006, in the Office for the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 277 Page 382, granted and conveyed unto the Robert E. Kephart and Amanda C. Kephart, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO10-1480 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-10 Plaintiff (s) From ROBERT E. KEPHART AND AMANDA C. KEPHART (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$115,317.28 L.L.$.50 Interest JUNE 22,2010 TO DECEMBER 8, 2010 IS $4,538.49 Atty's Comm % Due Prothy $2.00 Arty Paid $321.54 Other Costs Plaintiff Paid Date: June 24, 2010 David rothonot (Seal) By: Deputy REQUESTING PARTY: Name Michael J. Clark, Esquire Address: Shapiro & DeNardo, LLC, 3600 horizon Drive, Suite 150, King of Prussia, PA 19406 Attorney for: Plaintiff Telephone: 610-278-6800 Supreme Court ID No. 202929 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 118 Virginia Avenue, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 _ By: Rea Estate Coordinator ?v 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 t[10tmX(WS Zh(Pd 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 Holly Blain. being du'y 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 fact; 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: 10/15/10 10/22/10 10/29/10 t ? a .V r Sworn to and; escribed before me tC?is 1E?dy?r,bf November, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Noterw Seal Shenie L. Klsn2r, Notary Public I Lower Paxton Twp., Dauphin County My Commisslon Expires Nov. 26, 2011 Member Q4nnsylvania Association of Notaries 2010.1480 Chrll Term Deutsche Banc National Trust Company, As Trustee for Loft Beach Mort~ Loan Trust 206r40 Vs Robert E. Kephart Amaeda C. Kephart Atty: Michael J Clark ALL that tract of land situate in North Middleton Tb%mhip, Cumberland County, Pennsylvania with building and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Virginia Avenue at line of Lot No. 49, on the hereinafter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds East 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Rdn Estates; South 64 degrees 45 minutes 46 seconds West 48.00 feet to a point at Lot No. 47 on said Plan of Lots; thence along Lot No. 47 North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNING. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan Book 33, Page 109. SUBJECI; nevertheless to the building and use restrictions and provisions as recorded with said plan. Parcel No. 29-16-1094-403 BEING THE SAME PREMISES which Douglas R. Wirthh, by Deed dated September 29, 2006 and recorded October 2006, in the Office for the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 277 Page 382, granted and conveyed unto the Robert E. Kephart and Amanda C. Kephart, husband and wife, in fee. 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: October 22, October 29, and November 5, 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. r U Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 5 da of November 2010 Notary WARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-1480 Civil and Amanda C. Kephart, husband and wife, in fee. Deutsche Bank National Trust Company, As Trustee for Long Beach Mortgage Loan Trust 2006-10 vs. Robert E. Kephart Amanda C. Kephart Atty.: Michael J. Clark ALL that tract of land situate in North Middleton Township, Cum- berland County, Pennsylvania with building and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Virginia Avenue at line of Lot No. 49, on the hereinaf- ter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds East 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Run Estates; South 64 degrees 45 minutes 46 seconds West 48.00 feet to a point at Lot No. 47 on said Plan of Lots; thence along Lot No. 47 North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNING. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan Book 33, Page 109. SUBJECT, nevertheless to the building and use restrictions and provisions as recorded with said plan. Parcel No. 29-16-1094-403 BEING THE SAME PREMISES which Douglas R. Wirthlin, by Deed dated September 29, 2006 and re- corded October 2006, in the Office for the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 277 Page 382, granted and conveyed unto the Robert E. Kephart 66 i 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS CT11-ION 0TA, ?011 MAR 23 AM 10: UO t-MBERLAND COUNT`' PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on June 24, 2010 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DeNARDO, LLC BY: Michael lark, Esquire Attorney f 4r Plaintiff r% a Ci-IL. 3508 9CRS g,4,-2 s4q sS Y 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 CERTIFICATE OF SERVICE BY: I hereby certify that I have served a true and correct copy of the Praecipe to Vacate Mortgage Foreclosure Judgment on 3 ` )a 11 to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 SHAPIRO 8j DeNARDO, LLC Michael J. Clark, Esquire Attorney r 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF V ?t; `tt1A 23 t3? VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS CUMBERN Y?VANII??'? ?E COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 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: \/-V\ Michael . Clark, Esquire Attorne for 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 NO. 10-037253 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10 PLAINTIFF VS. Robert E. Kephart and Amanda C. Kephart DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on S _ ?;- // COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1480 to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Robert E. Kephart 118 Virginia Avenue Carlisle, PA 17013 Amanda C. Kephart 1150 Pheasant Drive North Carlisle, PA 17013 SHAPIRO & 70, LLC BY: _ Michael J Clark, Esquire Attorney or Plaintiff