The URL can be used to link to this page

Home My WebLink About06-5795OOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. AMBER L. BAILEY Mortgagor and Real Owner 823 Factory Street Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 0 - ? 7 9S ?1 7Z- CIVIL ACTION: MORTGAGE NOTICE MLOSUAE 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 the 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 claim in the Complaint of 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-0874. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3,1270 Northland Drive, Ste. 200, Mendota Heights, MN 55120. 2. The names and addresses of the Defendant is AMBER L. BAILEY, 823 Factory Street, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On February 10, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to LONG BEACH MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1940, Page 3644. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 by assignment of Mortgage which assignment is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ................................................ ...............$87,373.56 Interest from 04/01/2006 through 10/31/2006 at 11.7500%0 .....................$6,019.81 Per Diem interest rate at $28.13 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,368.68 Late Charges from 05/01/2006 to 10/31/2006 .............................................$317.57 Monthly late charge amount at $52.93 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance .......................................................................................$1,037.00 Fees ................................................................................................................$74.80 Recoverable Balance ......................................................................................$50.00 $100,141.42 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $100,141.42, together with interest at the rate of $28.13, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: 4LDDVBBCKMc FF RTY & Mc E ER OSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, ROSA SALGADO as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:_ C) -I -? 00(6 eutsche Bank ati nal Trust Company, as Tru t e for Long Beach. -Mor-qagi?' 'Loan - Trust ' 2006-3, by Washington Mutual Bank,' as 'Sudcessor--in=Irnterest to Long Beach Mortgage Company, it's Attorney-in-Fact #069756jj79870 - AMBER L. BAILEY E..X..hibit A ETA ALL THOSE CMTAIN lob at Umb of land with the irmpro'eaaDwft *WNW eroded sitars is the Bam& of Carlisloi C u* of 4ombarhod aad Comm7mwe" ofpcmyh ui& bm; more any bow" wd dem*ibod as haGww HgGp?NIl?istapoiotootbe8setddoofFsctc,?rySb?oat?dLmdaawar9?cmedYofSw? 7 etwt.,aa?drawac?m?arlYoflldtieSwr?a?s?en?b°Y 4?Ibetwide?tlr? adletancx of 90 Meet b apoiat a?n ? Wdt ribs of a 16 foot wido elloyonq+tY akm$=idWesteibeof't wmBPYW&yoaathcdYa ofl6fast3tDCh tioapoin4tbmee ftsoodw pmrWmaiaawree6edyditecdonadbk=of90fsetloapaigtatdWP.mtsWofFwtwY tbmw alongsaidBeetddeofF$OmyStrdinanmtharlyditiwdmtof161bet8inaboaloapoinf tbaplooeof 1IING. HAVINGtberm-at-tsaatwosndomfisl dmyfiuwdwelbgbmsl >bAlf'afadOPkx,bftim"t and mmobered as U3 Factory 3tirest, GdWe, PA 17013. HEM it portionofdwssmmpropsty,dom pstedsrTractN*.1.vdldchLsayD.LobostdUP&M. Wadzr„&ocuca s=dHenedaeriesof*eEftbafDavWC.Lebe.etmL,bydmkDoedddmdJme30. 2003,=dreoaKdodmmeO®eeof theRreoordesofDeods6oz Ca®badrmdC?taaty,Pemuylv?siona.Dood Hook 257, P"e 4274, ammod aond coaveyed into Linda M. Branise„ one of the Gm riots bKcin. RMMLBrenh4%bmbandofUn&Bnoim%jaminduaoavqvmoto,nM q &myti$bkbem y have in the p mpedy being comvayed. i Certify this :o be recorded In Cumberjar::I County PA ?;r of Deeds Iti 94oPG-3654 E..x..hibit (B Washington Mutual PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 July 17, 2006 #BWNCLNN# #0906979567998091# AMBER L BAILEY 823 FACTORY ST CARLISLE PA 17013 002930 /Pc 0697567980 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0697567980 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notire that the mor gage on th -our home is in defa„lr and the jendcr intends r for close c e f information about nature of the d fa ,lt provided-in h attached page-5 p The HOMEOWNER'S MORTGAGE ASSISTANCE PRO RA (HEM P) may he bl to help to save o r home- This Notice ?plajas how the p?g? works- - Yy To see if HEMAP an he] n , must MEET WITH A ONS M R CREDIT OJ NSELINC AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE T k this Notice .;N Yowhen y-QiLmcrj with the o nselinyAgencv. The name- addr c and phone numb r of Consumer r di nun-ling Agencies our County nt? are listed a the .a you have an,e * serving your of his Not?rp If any q you may call th Pennsylvania Houging Finan_c_e Ag my toll free at 1-800-342-2322. (Persons mdlh impaired hearing can call (717) 780-1869) . This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SP999 HOMEOWNER'S NAME(S): Amber L. Bailey PROPERTY ADDRESS: 823 Factory St. Carlisle PA 17013 LOAN ACCT. NUMBER: 0697567980 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY TAY OF FOR Gi ChSUR - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS_MEETING MUST OGGIIR WITHIN THE NEXT NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YO M 115T BRIN YOUR MO T A ,F UP TO DAYS THE O RDO OF THIS NOTICE CALLED "HOW TO CURE YOiIR MORTCA E DEFA LT EXP AIN HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT OIINSFI IN AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names- addressee and telephone n ,mb rs ofdesignate d rr,nsumer credit counseling a enciec for b rn,,. lnd of this Notice It is E county in which h =pip, is loc te& r set forth a the only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APP .I ATION FOR MORTGAGE ASRISTANGF -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (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.) 0029301SP999 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: 823 Factory St. 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: 05/01/2006 06/01/2006 $882.23 07/01/2006 $882.23 $882.23 Other charges (explain/itemize): Uncollected Late Charges Uncollected Fees: $158.79 Corporate advances $8.90 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $0.00 $2814.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO RE 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 $2814.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PUM n must be m do rith r check or money order made payable by c?ch hi r'c ha ti certified to- Washington Mutual Bank 9451 Corbin Avenue Northridge, CA 91324 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 D FAUI T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to ex r ?? i c rights to a ?Pi ra h mortggg?ggllf 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 for_ ecloce ?;nnn 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 attonery'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 defa ul • 'W DAY period you will no be reQpired to a n h THIRTY f3n? P Y-att91ucY-.fees OTHER I ENDER RF>LRFDIFS - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO IIR TH D FA I T PRIOR TO cl, RIFFS SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you may still have the right to cure the default and Prevent the gale at any time up to one hour before the Sheriffs Sale. You may do so by nay,ng the total amount ten past du p1L__?s_any late or o h r charges thrn due- anah attorney s=fees and costs connec d with the foreclosure sale and an other cA)s s onn ^ ed with the - re co Y Sheriff's Sale as specified in writing by the lender and by perform. any other requirements under h 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. EARL IFCT POCgIBLE cHFRIFF'S cyAi F DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Bank Address: 9451 Corbin Avenue Northridge, CA 91324 Phone Number: 1-888-852-1745 Fax Number: 1-818-775-6260 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTC OF H RIFFS cA LF - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or $ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. YOU MAY Al SO HAVE THE RIGHT- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. SP999 °<1 N ('1 c? r= c._ n f 1 ` ?? I In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY (Mortgagor(s) and Record Owner(s)) 823 Factory Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-5795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against AMBER L. BAILEY by default for want of an Answer. Assess damages as follows: Debt Interest from 11/21/06 to Date of Sale Total (Assessment of Damages attached) $100,756.95 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN MPM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or deliv'red to?he party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at 1e-,& ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph C o eck, Jr. Attorney Pla tiff I.D. #16132 AND NOW ,'' Id-tAGrkA ?/ , .260(1, ?udgment is entered in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 and against AMBER L. BAILEY by default for want of an Answer and damages assessed in the sum of $100,756.95 as per the above certification. n , _ / / Prothop6tary Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY (Mortgagors and Record Owner(s)) 823 Factory Street Carlisle, PA 17013 Defendant(s) No. 06-5795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioneProthono r r d against you. ong By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 WM-0874 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: November 8, 2006 TO: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 VS. AMBER L. BAILEY (Mortgagor(s) and Record Owner(s)) 823 Factory Street Carlisle, PA 17013 TO: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-5795 IMPnRTANT NOTICE. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, AMBER L. BAILEY, is about unknown years of age, that Defendant's last known residence is 823 Factory Street, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otrwise within the provisions of the Soldiers' and Sailors' Civil, Relief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. IN THE COURT OF COMMON PLEAS AMBER L. BAILEY (Mortgagor(s) and Record owner(s)) 823 Factory Street Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIO' TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, failure to file an Answer in the above action within (20) days (or sixty (E of America) from the date of service of the Complaint, in the sum of $1( Joseph A. G4 Attorney for ST COMPANY, AS st AMBER L. BAILEY for defendant is the United States I hereby certify that the above names are correct and that the p ise idence address of the judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS STEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendot e' ts, MN 55120 and that the name(s) and last known address(es) of the Defendant(s) is/are AMBER L. B EY 823 Factory Street Carlisle, PA 17013; GOLDBECK McC ER & McKEEVER BY: Joseph A. Goldb ck, Jr. Attorney for Plainti ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $87,373.56 Interest from 04/01/2006 through $6,582.41 11/20/2006 Reasonable Attorney's Fee $4,368.68 Late Charges $370.50 Costs of Suit and Title Search $900.00 Escrow Advance $1,037.00 Fees $74.80 Recoverable Balance $50.00 $100,756.95 BY: Jose Attorney Jr. AND NOW, this ca?l Stday of W", A4 , 2006 damages are assessed as above. McKEEVER A ?? ?-? r-, ,? .. .mra ?L ? i ? ?i ?? ? S''?? _ -"t .. [?) a 1 `,? ?/? ?/ ?+/ `t'h\)V? V v~ '? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 11/21/06 to Date of Sale at 11.7500% (Costs to be added) $100,756.95 GOLDBECK N1jWFFqTY` & McKEEVER BY: Joseph A. oldbeck, Attorney for Pl intiff Q Z y W C `Hi'p WC) ?O ?, U ? d N j ? 'b' o ai a H ? ? t 'Z• W p4 c? OWE ZE' dZE?-; ? ?ooU W;t 7.0 V ?0 Q w? A Q ti a ?U x ? a N? N Q; M o? r 43 o? 40 C-4 G? o do a 0 q a? Q All those certain lots or tracts of land with the improvements and thereon erected situate in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, being more fully bounded and described as follows: Beginning at a point on the East side of Factory Street at a line of land formerly of Harry P. Morrismith, et ux., and now or formerly of Hattie Sweger; thence by said land now or formerly of Sweger, eastwardly a distance of 90 feet to a point on the West side of a 16 foot wide alleyway (formerly 4 feet wide); thence along said West side of the alleyway southerly a distance of 16 feet 8 inches to a point; thence through the partywall in a westerly direction a distance of 90 feet to a point at the Eastside of Factory Street; thence along said East side of Factory Street in a northerly direction of 16 feet 8 inches to a point, the place of beginning. Having thereon erected a two and one-half story frame dwelling house, half of a duplex, being known and numbered as 823 Factory Street, Carlisle, PA 17013 BEING KNOWN AS 823 FACTORY STREET, CARLISLE PA 17013 TAX PARCEL NO: 06-19-1643-224 411 J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5795 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 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff (s) From Amber L. Bailey 823 Factory Street Carlisle, PA 17013 (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$100,756.95 Interest from 11/21/06 to date of sale at 11.7500% Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: November 21, 2006 (Seal) L.L.$.50 Due Prothy $1.00 Other Costs ?'?gL44 Curt' . Long, Pr onotary By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215.627-1322 Supreme Court ID No. 16132 .V. Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY (Mortgagor(s) and Record Owner(s)) 823 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 823 Factory Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: d 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. 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. TENANTS/OCCUPANTS 823 Factory Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best-Qf my personal knowledge or information and belief. I understand that false statements herein are made subject to opfies of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 20, 2006 GOLDBECK Mc & McKEEVER BY: Joseph A. Gol eck, ., Esq. Attorney for Plaint ff z C'? u`? i? ? ?-? ?., ? .?-? t s ? s'. .?__ -, s r ;s .. -`j` ??? ?} ?,.,, ' ,?• 06-5795 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(s; Term No. 06-5795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BAILEY, AMBER L. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Your house at 823 Factory Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 07, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $100,756.95 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 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 to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ? 06-5795 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 below on 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. 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. 3. 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 the Sheriff of 717-240-6390. 4. 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. 5. 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. 6. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that 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 schedule of distribution is filed. 7. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5795 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(&,gLoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-0874. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. -1 Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 06-5795 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 823 Factory Street Carlisle, PA 17013 SOLD as the property of AMBER L. BAILEY TAX PARCEL #06-19-1643-224 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05795 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS BAILEY AMBER L SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAILEY AMBER L the DEFENDANT , at 1943:00 HOURS, on the 18th day of October , 2006 at 823 FACTORY STREET CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ' Service 4.40 Affidavit 00 Surcharge 10.00 R. Thomas Kline nn 32.40,/ 10/19/2006 GOLDBECK MCCAFF VR7?T iM CKEEVER Sworn and Subscibed to By: before me this day eputy Sheriff T of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 50M - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 WM-0874 CF: 10/03/2006 SD: 03/07/2007 $100,756.95 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 W (2) Term No. 06-5795 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). (x) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. ?sp tful u , BY• Jos h A. o d eck, Jr. Att me for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE K ? . O a: LL x8 r A U. h LL O Q i O O O l N QI m bo 50 C O ; Om o =0>0 m > a m oC o ,? N O G h O C ? CL @ o L u? m O w YQ 'iD, tl' J ? '? ? S o - O?ilNn 0 eo NJ v ? v d? > 'C b 'EL ? ?LM LM m a N t ° v z _ ?M r CLM u E a?a mo 1 U x ??.? w LL ? fA N Q` o' ? m O O S f O ' • a (D cm U z? < LL' . z 0 LLI Qj o E u c ?i o E c c Z Q D ? U ? J Q 5 E m R W J CN W N CO r ?a u6 ?E 2 o ???? m o W U) a w 6 co m 7 O p am o ?, Q M m _ v? v LU n z U) wa d $ U) r Q a ? 0 o? UUO = ccia- cn? cN d N 0 a ?C ????? x O y m ' W m `-Lm Q N E m 4) C 000-0 `N Q ia a .m i a ? O Z > . C ~ Z H LL n W s ?a d g ti ?V J a -61 OY Mi Cc C in r O ' m in Lu ? a z E .J I-- -i O ZO?p=C1 7/n?A N M (fl 1? ap E°- a 0 IL m O At C C m w m a 0 U N O O1 lC a N O O 04 Z 2 } LLJ LL m M ? J u- O m ? > Q z ` y FITEDSTATEs OPOSTU YERW#VA Date Produced: 12/11/2006 GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified item number 7111 4342 3630 0003 7410. Our records indicate that this item was delivered on 12/04/2006 at 02:40 p.m. in CARLISLE, PA, 17013. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient Ue1WY Sawn _., V 7 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 4340453 16625576 QM -61741 GOLDBECK MCCAMRTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 1000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 06-5795 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 823 Factory Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 L Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. 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. TENANTS/OCCUPANTS 823 Factory Street Carlisle, PA 17013 (attach separate sheet if more space is needed) 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 unworn falsification to authorities. DATED: February 21, 2007 GOLPB McCAFFERTY & McKEEVER BY: o sepq A. Goldbeck, Jr., Esq. Attorney for Plaintiff co - -E4'i Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee for Long Beach Mortgage Loan Trust Cumberland County, Pennsylvania 2006-3 Writ No. 2006-5795 Civil Term VS Amber L. Bailey R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing $30.00 Poundage 15.67 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Certified Mail 1.22 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 305.03 Share of Bills 16.83 $ 799.05 So ? r R. Thomas Kline, Sheriff BY? Real Estate ergeant V 3 jd k/o -, 1•5b ?r- & c.t2? e-? /9d "7e Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY (Mortgagor(s) and Record Owner(s)) 823 Factory Street Carlisle, PA 17013 Defendant(s) No. 06-5795 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 823 Factory Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of the last recorded holder of every mortgage of record: LO .E d Z Z AON 9COl 06-5795 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendants; Term No. 06-5795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BAILEY, AMBER L. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Your house at 823 Factory Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 07, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $100,756.95 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 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 to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 06-5795 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 below on how to obtain an attorney). YOU MAY STII.L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. 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. 3. 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 the Sheriff of 717-240-6390. 4. 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. 5. 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. 6. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that 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 schedule of distribution is filed. 7. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5795 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionaa,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-0874. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All those certain lots or tracts of land with the improvements and thereon erected situate in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, being more fully bounded and described as follows: Beginning at a point on the East side of Factory Street at a line of land formerly of Harry P. Morrismith, et ux., and now or formerly of Hattie Sweger; thence by said land now or formerly of Sweger, eastwardly a distance of 90 feet to a point on the West side of a 16 foot wide alleyway (formerly 4 feet wide); thence along said West side of the alleyway southerly a distance of 16 feet 8 inches to a point; thence through the partywall in a westerly direction a distance of 90 feet to a point at the Eastside of Factory Street; thence along said East side of Factory Street in a northerly direction of 16 feet 8 inches to a point, the place of beginning. Having thereon erected a two and one-half story frame dwelling house, half of a duplex, being known and numbered as 823 Factory Street, Carlisle, PA 17013 BEING KNOWN AS 823 FACTORY STREET, CARLISLE PA 17013 TAX PARCEL NO: 06-19-1643-224 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5795 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 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff (s) From Amber L. Bailey 823 Factory Street Carlisle, PA 17013 (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$100,756.95 L.L.$.50 Interest from 11/21/06 to date of sale at 11.7500% Atty's Comm % Arty Paid $114.40 Plaintiff Paid Date: November 21, 2006 (Seal) Due Prothy $1.00 Other Costs - , ? ,,. t ? W!? . Curtis R. Long, onota By: REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Deputy Real Estate Sale # 51 On November 30, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 823 Factory Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2006 By: Real Esta Sergeant L 0 .E c-J Z ? AG=N 9G91 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAI SEAL LUlz S'NYDER, Notary Public Ga! 5ak, Pero, Cumberland County Expires March 5, 2009 REAL AWATS MI.E NO. 81 Writ No. 2006-5795 Civil Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3 VS. Amber L. Bailey Atty.: Joseph Goldbeck All those certain lots or tracts of land with the improvements and thereon erected situate in the Bor- ough of Carlisle, County of Cumber- land and Commonwealth of Penn- sylvania, being more frilly bounded and described as follows: Beginning at a point on the East side of Factory Street at a line of land formerly of Harry P. Morri- smith, et ux., and now or formerly of Hattie Sweger; thence by said land now or formerly of Sweger, eastwardly a distance of 90 feet to a point on the West side of a 16 foot wide alleyway (formerly 4 feet wide): thence along said West side of the alleyway southerly a distance of 16 feet 8 inches to a point; thence through the partywall in a westerly direction a distance of 90 feet to a point at the Eastside of Factory Street; thence along said East side of Factory Street in a northerly di- rection of 16 feet 8 inches to a point, the place of beginning. Having thereon erected a two and one-half story frame dwelling house, half of a duplex, being known and numbered as 823 Factory Street, Carlisle, PA 17013. BEING KNOWN AS 823 FAC- TORY STREET, CARLISLE PA 17013. TAX PARCEL NO: 06-19-1643- 224. 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..................... ?+ .G ....V .................................. COPY Sworn to and su cri e efore me this 26th day of February 2007 A. S A L E #51 COMMONWEALTH OF PENNSYLVA IA Notarial Seal Terry L. Russell, N Public City Of Harri urg, gaup in County Commi n it une 6, 2010 _ .ef__ .. Assnr iatlDn of UAA00$' NOT ,0 .4 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $100,756.95 Interest from 11/21/2006 to Date of Sale at 11.7500% (Costs to be added) Goldbeck, Jr. & McKEEVER Q a? w O C ? a? U d N M <Cc- o 'o w `° ° ?oW Q?r/? ? P4 ?w = Pr. .r pd up ? HZ? QZ?-» W o00 O ti ? a Z0 19 a ? OU o U v, H W W a ra C? s.3s .,.- ? - 1S1 CyE d , w Cr LS ^ cz) All those certain lots or tracts of land with the improvements and thereon erected situate in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, being more fully bounded and described as follows: Beginning at a point on the East side of Factory Street at a line of land formerly of Harry P. Morrismith, et ux., and now or formerly of Hattie Sweger; thence by said land now or formerly of Sweger, eastwardly a distance of 90 feet to a point on the West side of a 16 foot wide alleyway (formerly 4 feet wide); thence along said West side of the alleyway southerly a distance of 16 feet 8 inches to a point; thence through the partywall in a westerly direction a distance of 90 feet to a point at the Eastside of Factory Street; thence along said East side of Factory Street in a northerly direction of 16 feet 8 inches to a point, the place of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 823 Factory Street Carlisle, PA 17013 SOLD as the property of AMBER L. BAILEY TAX PARCEL #06-19-1643-224 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5795 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 2006-3, Plaintiff (s) From AMBER L. BAILEY (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 gamishee(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 $100,756.95 L.L. Interest 11121/2006 TO DATE OF SALE AT 11.7500% Atty's Comm % Due Prothy $2.00 Atty Paid $934.95 Other Costs Plaintiff Paid Date: JULY 10, 2007 (Seal) R. Long, Prothonotary v: ??? -P- Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 A Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY (Mortgagor(s) and Record Owner(s)) 823 Factory Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-5795 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 823 Factory Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of the last recorded holder of every mortgage of record: . . /w 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. 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. TENANTS/OCCUPANTS 823 Factory Street Carlisle, PA 17013 (attach separate sheet if more space is needed) 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 unworn falsification to authorities. X-INI DATED: July 6, 2007 McCAFFERTY & McKEEVER . Goldbeck, Jr., Esq. Plaintiff 3 C?ll -Tf r? G 0 w -t-1) ? 15 06-5795 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(, Term No. 06-5795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BAILEY, AMBER L. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Your house at 823 Factory Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $100,756.95 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 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 to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE i 06-5795 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 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 below on 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. 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. 3. 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 the Sheriff of 717-240-6390. 4. 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. 5. 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. 6. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that 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 schedule of distribution is filed. 7. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5795 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 866-296-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(i goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of WM-0874. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. t- 4 ~Y C -1 f- F -t) ZCZ5 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 823 Factory Street Carlisle, PA 17013 SOLD as the property of AMBER L. BAILEY TAX PARCEL #06-19-1643-224 All those certain lots or tracts of land with the improvements and thereon erected situate in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, being more fully bounded and described as follows: Beginning at a point on the East side of Factory Street at a line of land formerly of Harry P. Morrismith, et ux., and now or formerly of Hattie Sweger; thence by said land now or formerly of Sweger, eastwardly a distance of 90 feet to a point on the West side of a 16 foot wide alleyway (formerly 4 feet wide); thence along said West side of the alleyway southerly a distance of 16 feet 8 inches to a point; thence through the partywall in a westerly direction a distance of 90 feet to a point at the Eastside of Factory Street; thence along said East side of Factory Street in a northerly direction of 16 feet 8 inches to a point, the place of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 823 Factory Street Carlisle, PA 17013 SOLD as the property of AMBER L. BAILEY TAX PARCEL #06-19-1643-224 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: AMBER LEE BAILEY CHAPTER 13 Debtor(s) CASE NO.: 1-07-bk-00642/MDF ORDER DISMISSING CASE It appearing that the above-named debtor(s) has filed a Motion to Dismiss and it having been determined that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Coma, B p judge (7DK) This document is electronically signed and,{lkd on the same date. Dated: June 29, 2007 MDPA-DISMISSIMPT REV 6105 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 1 of 5 CREDS, FMDue, 2002, DISMISSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:07-bk-00642-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 03/05/2007 Date Terminated: 06/29/2007 Date Dismissed: 06/29/2007 Debtor Amber Lee Bailey 823 Factory Street Carlisle, PA 17013 SSN: xxx-xx-6097 Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by Philip Charles Briganti 74 West Pomfret Street Carlisle, PA 17013 717 960-0005 Fax : 717 960-9940 Email: pbriganti@pa.net Filing Date # Docket Text 03/05/2007 1 Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 Receipt of Voluntary Petition (Chapter 13)(1:07-bk-00642) [misc,volpl3a] ( 274.00) filing fee. Receipt number 2108302, amount $ 274.00. (U.S. Treasury) (Entered: 03/05/2007) 03/05/2007 2 Exhibit D - Individual Debtor's Statement of Compliance with Credit Counseling Requirement Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 3 Certificate of Credit Counseling Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)_1_ ). (Briganti, https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?101357192642048-L 889 0-1 7/6/2007 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 2 of 5 Philip) (Entered: 03/05/2007) 03/05/2007 4 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s) I ). (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 5 Notice to Individual Consumer Debtor Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1_ ). (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 FeeDueBK flag removed. (CashReg) (Entered: 03/06/2007) 03/06/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 4/19/2007 at 09:00 AM. (DB) (Entered: 03/06/2007) 03/06/2007 6 Notice of missing documents (RE: related document(s)1 ). (DB) (Entered: 03/06/2007) 03/08/2007 7 BNC Certificate of Mailing of Notice of Deficient Filing (Missing Documents) (RE: related document(s)6 ). Service Date 03/08/2007. (Admin.) (Entered: 03/09/2007) 03/14/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/1/2007 at 09:00 AM. (KZ) (Entered: 03/14/2007) 03/19/2007 8 Motion to Extend Time to file schedules or provide required information Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Attachments: # 1 Proposed Order) (Briganti, Philip) (Entered: 03/19/2007) 03/21/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/3/2007 at 09:00 AM. (KZ) (Entered: 03/21/2007) 03/28/2007 9 Order Granting Motion to Extend Time to file schedules or provide required information (RE: related document(s) 8 ). Clerks Office Follow-Up Due by 4/4/2007. (SP) (Entered: 03/28/2007) 03/30/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/17/2007 at 09:00 AM. (KZ) (Entered: 03/30/2007) 04/04/2007 10 Employee Income Records (Payment Advices) Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl? 101357192642048-L__889__0-1 7/6/2007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 3 of 5 (Entered: 04/04/2007) 04/04/2007 1.1 Chapter 13 Statement of Current Monthly Income and Disposable Monthly Income - Form 22C . Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s) I ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 1.2 Statement of Disclosure of Compensation, Schedules A through J and Summary of Schedules, Statement of Financial Affairs, Statistical Summary of Certain Liabilities Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1_ ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 13 Chapter 13 Plan Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)_l ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 14 Amended Matrix (Adding Creditors). Filing fee due in the amount of $ 26.00. (There is no image or paper document associated with this entry.) Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)[4] ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 Receipt of Amended Matrix (Fee)(1:07-bk-00642-MDF) [misc,amdcm] ( 26.00) filing fee. Receipt number 2161789, amount $ 26.00. (U.S. Treasury) (Entered: 04/04/2007) 04/04/2007 FeeDueAdCr flag removed. (CashReg) (Entered: 04/05/2007) 04/05/2007 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 5/17/2007 at 09:00 AM. (CA) (Entered: 04/05/2007) 04/10/2007 15 Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 5/17/2007 at 09:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Proofs of Claims due by 8/15/2007. Last day to oppose dischargeability is 7/16/2007. (KZ) (Entered: 04/10/2007) 04/12/2007 1.6 BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s)1.5 ). Service Date 04/12/2007. (Admin.) (Entered: 04/13/2007) 04/12/2007 .17 BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s) 15 ). Service Date 04/12/2007. (Admin.) (Entered: 04/13/2007) 04/20/2007 18 Entry of Appearance under 2002 Filed by Brian E Caine of Deily https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?101357192642048-L 889 0-1 7/6/2007 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 4 of 5 Mooney and Glastetter LLP on behalf of DaimlerChrysler Financial Services Americas LLC. (Attachments: # _1 Certificate of Service) (Caine, Brian) (Entered: 04/20/2007) 05/18/2007 19 Certification that 341 Meeting of Creditors (Ch. 13) Not Held on 05/17/07. To be Rescheduled for Debtor. (There is no image or paper document associated with this entry.). (dehart, III0d), Charles) (Entered: 05/18/2007) 05/18/2007 20 Request to BNC - Meeting of Creditors Rescheduled. 341(a) meeting to be held on 6/28/2007 at 12:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. (KZ) (Entered: 05/18/2007) 05/20/2007 2.1 BNC Certificate of Mailing. (RE: related document(s)2.0 ). Service Date 05/20/2007. (Admin.) (Entered: 05/21/2007) 06/13/2007 22 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Ann E O'Donnell of Goldbeck McCafferty and McKeever on behalf of Deutsche Bank National Trust Co. et. al.. (Attachments: # _1_ Proposed Order # 2 MFR Breakdown# 3 Certificate of Nonconcurrence) (O'Donnell, Ann) (Entered: 06/13/2007) 06/13/2007 Receipt of Motion for Relief From Stay(1:07-bk-00642-MDF) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 2282533, amount $ 150.00. (U.S. Treasury) (Entered: 06/13/2007) 06/13/2007 FeeDueRFS flag removed. (CashReg) (Entered: 06/20/2007) 06/15/2007 23 Order (RE: related document(s)22 ). Answers are due on: 6/30/2007. Hearing scheduled for 7/10/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 06/15/2007) 06/15/2007 24 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Deutsche Bank National Trust Co. et. al. (RE: related document(s)23, _2.2 ). (Puida, Leslie) (Entered: 06/15/2007) 06/27/2007 25 Motion to Dismiss Case Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)_1_ ). (Attachments: # 1 Proposed Order) (Briganti, Philip) (Entered: 06/27/2007) 06/29/2007 26 Certification that 341 Meeting of Creditors Not Held for Debtor, who without excuse, failed to appear at the 341 meeting on 06/28/07. Notice sent to all creditors.. Objections due by 7/21/2007. (dehart, III https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?101357192642048-L 889 0-1 7/6/2007 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 5 of 5 Od), Charles) (Entered: 06/29/2007) 06/29/2007 28 Order Dismissing Case. (RE: related document(s)!, 25 ). (BW) (Entered: 07/02/2007) 07/01/2007 2.7 BNC Certificate of Mailing of Notice of Intent to Dismiss for nonappearance at 341 meeting. (RE: related document(s)26 ). Service Date 07/01/2007. (Admin.) (Entered: 07/02/2007) 07/02/2007 29 Motion to Dismiss Case for material default and hearing notice to parties . Filed by Trustee. Hearing scheduled for 8/2/2007 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 07/02/2007) 07/04/2007 30 BNC Certificate of Mailing. (RE: related document(s)28 ). Service Date 07/04/2007. (Admin.) (Entered: 07/05/2007) II PACER Service Center II Transaction 1 07/06/2007 12:39:51 1 1:07-bk-00642-MDF Fil or Ent: Docket Search filed Doc From: 0 Doc To: Description: Report Criteria: 99999999 Term: included Format: HTML Billable Cost: 0.24 Pages: https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl? 101357192642048-L_8890-1 7/6/2007 GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 06-5795 PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, petitions the Court to Amend its Judgment in mortgage foreclosure for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on October 02, 2006 as to the property located at 823 Factory Street Carlisle, PA 17013 ("Property'). 2. On November 21, 2006, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $100,756.95, based upon the demand in Plaintiffs Complaint. 3. Additional sums have been incurred or expended on Defendant's behalf since the complaint was filed. 4. On March 05, 2007 Defendants filed a petition in bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania (No. 07-00642) which stayed further prosecution of Plaintiffs action in mortgage foreclosure. 5. By order of United States Bankruptcy Court dated June 29,2007 Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code. 6. Since the filing of the Complaint, interest and late charges continue to accrue basal on the rate set forth in the mortgage; and plaintiff has continued to pay taxes and hazard insurance premiums as required under the terms of the note and mortgage or under the terms of the mortgage contract in order to protect the interest of Defendants and Plaintiff. 7. Due to the increase in the amounts due and owing to Plaintiff, Plaintiffs judgment amount is not sufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the Property. 8. A sheriff s sale is scheduled for December 05, 2007, and the amounts due and owing on the mortgage as of the sheriff's sale will be as follows: Principal Balance $87,373.56 Interest from 11/20/2006 thru 12/05/2007 at 11.7500% Per diem interest rate at $28.13 $17,232.82 Late Charges $476.37 Escrow $3,120.06 Sub-Total $108,202.81 Recoverable Balance $7,566.50 (Breakdown) 07/03/07 150.00 COURT COSTS-BNK 07/03/07 550.00 BANKRUPTCY 04/27/07 150.00 BANKRUPTCY 04/02/07 150.00 BANKRUPTCY 03/27/07 450.00 TITLE COSTS 03/27/07 27.00 CORP ASSIGNMENTS 03/27/07 164.00 COURT COSTS-FCL 03/27/07 1,250.00 FORECLOSURE 10/26/06 50.00 CORP ASSIGNMENTS 10/19/06 1,500.00 SHERIFF FEES 10/19/06 200.50 COURT COSTS-FCL 07/27/06 25.00 COIN COLL INSPECTION 07/26/06 25.00 COIN COLL INSPECTION 07/26/06 2,875.00 FORECLOSURE Other Outstanding Fees $166.20 (Breakdown) PROPERTY INSPECT 07-13-06 8.90 PROPERTY INSPECT 08-10-06 8.90 PROPERTY INSPECT 09-22-06 8.90 PROPERTY INSPECT 10-26-06 8.90 PROPERTY INSPECT 11-29-M 8.90 PROPERTY INSPECT 01-02-07 8.90 PROPERTY INSPECT 02-01-07 8.90 PROPERTY INSPECT 03-12-07 8.90 BPO FEES 09-28-06 95.00 Recording Cost $27.00 Payoff Statement Fee $30.00 Sub-Total $115,992.51 Attorney's Fee at 5.0000% of principal balance $4,368.68 Costs of Suit and Title Search $900.00 TOTAL WHEREFORE, Plaintiff prays that the Petition be granted and Plaintiffs Judgment be amended to $121,261.19, plus interest and costs of the action. submitted, & McKEEVER By: Gary cCafE , Es q. Phone: 15) 825 30 Fax: (215) Email: anccaff a a,QOldbecklaw.com GOLDBECK McCAFFERTY & MCKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 191001532 215-825-6302 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 005795 VERIFICATION Gary E. McCafferty, Esq., hereby states that he is the attorney for plaintiff and that all of the facts set forth within the attached Petition to Amend its Judgment are true and correct to the best of his knowledge, information and belief. The statements are made subject to the penalties 18 P.S. understands that the foregoing Gary E. afferty, E: Phone: (215) 8Sk-6302 Fax: (215) 825- Email: anccaffertyam .com GOLDBECK McCAFFERTY & MCKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 MEMURAND OF I&,1W IN S URT OF PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff is entitled to the amounts due and owing pursuant to the terms of the mortgage and note at the time of the Sheriff s Sale of property involved. For reasons stated in the within motion, Plaintiff s judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, late charges and advances made by plaintiff to pay taxes, insurance, or to otherwise protect its mortgage lien and the interests of the Defendant, have all been accruing while Plaintiffs action in mortgage foreclosure was delayed. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and Plaintiffs judgment be amended to $121,261.19, plus interest and costs. Respectfully T'Y, By: Gary E. afferty, sq Phone: (21 5-630 Fax: (215) 825- Email: gmccafferht@,jtgldbecidaw.com GOLDBECK McCAFFERTY & McR FEVER BY: Gary E. McCafferty Attorney IMA42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-5795 CERTIFICATION OF SERVICE Jaclyn Jamieson is a legal assistant with the firm of GOLDBECK McCAFFERTY & McKEEVER and hereby certifies that a true and correct copy of Plaintiffs Petition to Amend Judgment was mailed by first class mail, postage prepaid to Defendant(s) AMBER L. BAILEY @ 823 Factory Street Carlisle, PA 17013 on August 28, 2007. GOLDBECK McCAFFERTY & MCKEEVER rBy: of eck M ff McKeever Ja Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Surm 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.COLDEECKLAW.COM August 28, 2007 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 vs. AMBER L. BAILEY Docket Number: 06-5795 Our file Number: WM-0874 To the Prothonotary: Kindly file Plaintiff's Petition to Amend Judgment the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed. Very truly yours, Goldbeck McCafferty & McKeever Jaclyn Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com cc: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 __ _ -;? USBC PAM - LIVE - VERSION 3.1.41, = Docket Report CREDS, FMDue, 2002, U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:07-bk-00642-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Page I of 5 Date Filed. 03/05/2007 Date Terminated: 06/29/2007 Date Dismissed: 06/29/2007 Debtor Amber Lee Bailey 823 Factory Street Carlisle, PA 17013 SSN: xxx-xx-6097 Trustee Charles J. Deflart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by Philip Charles Briganti 74 West Pomfret Street Carlisle, PA 17013 717 960-0005 Fax : 717 960-9940 Email: pbriganti@pa.net Filing Date # Docket Text 03/05/2007 1 Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 Receipt of Voluntary Petition (Chapter 13)(1:07-bk-00642) [misc,volpl3a] ( 274.00) filing fee. Receipt number 2108302, amount $ 274.00. (U.S. Treasury) (Entered: 03/05/2007) 03/05/2007 2 Exhibit D - Individual Debtor's Statement of Compliance with Credit Counseling Requirement Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 3 Certificate of Credit Counseling Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)i ). (Briganti, ainbawwaim. -= - = 555 - -?--- - --s //?ecf p USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 2 of 5 - Philip) (Entered: 03/05/2007) 03/05/2007 4 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 }. (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 5 Notice to Individual Consumer Debtor Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 FeeDueBK flag removed. (CashReg) (Entered: 03/06/2007) 03/06/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 4/19/2007 at 09:00 AM. (DB) (Entered: 03/06/2007) 03/06/2007 6 Notice of missing documents (RE: related document(s)1 ). (DB) (Entered: 03/06/2007) 03/08/2007 7 BNC Certificate of Mailing of Notice of Deficient Filing (Missing Documents) (RE: related document(s)6 ). Service Date 03/08/2007. (Admin.) (Entered: 03/09/2007) 03/14/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/1/2007 at 09:00 AM. (KZ) (Entered: 03/14/2007) 03/19/2007 8 Motion to Extend Time to file schedules or provide required information Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Attachments: # 1 Proposed Order) (Briganti, Philip) (Entered: 03/19/2007) 03/21/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/3/2007 at 09:00 AM. (KZ) (Entered: 03/21/2007) 03/28/2007 9 Order Granting Motion to Extend Time to file schedules or provide required information (RE: related document(s) 8 ). Clerks Office Follow-Up Due by 4/4/2007. (SP) (Entered: 03/28/2007) 03/30/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/17/2007 at 09:00 AM. (KZ) (Entered: 03/30/2007) 04/04/2007 10 Employee Income Records (Payment Advices) Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) - -- Daft III --i" 1l. USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 3 of 5 (Entered: 04/04/2007) 04/04/2007 11 Chapter 13 Statement of Current Monthly Income and Disposable Monthly Income - Form 22C . Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)l ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 12 Statement of Disclosure of Compensation, Schedules A through J and Summary of Schedules, Statement of Financial Affairs, Statistical Summary of Certain Liabilities Filed by Philip Charles. Briganti on behalf of Amber Lee Bailey (RE: related document(s)l ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 13 Chapter 13 Plan Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 14 Amended Matrix (Adding Creditors). Filing fee due in the amount of $ 26.00. (There entry.) Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)[4] ). (Briganti, Philip) (Entered: 04/04/200 i 04/04/2007 Receipt of Amended Matrix (Fee)(1:07-bk-00642-MDF) ((misc,wndcm] ( 26.00) filing fee. Receipt number 2161789, amount $ 26.00. (U.S. Treasury) (Entered: 04/04/2007) 04/04/2007 FeeDueAdC 04/05/2007 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 5/17/2007 at 09:00 AM. (CA) (Entered: 04/05/2007) 04/10/2007 15 Request to BNC - Meeting of Creditors. 341 (a) meeting to be held on 5/17/2007 at 09:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, l Ith F111 228 Walnut St, Harrisburg, PA. Proofs of Claims due by 8/15/201 (Entered: 0 04/12/2007 -1-6 BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s)j.5 (Entered: 0 04/12/2007 17 BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s 04/13/2007 04/20/2007 18 Entry of Appearance under 2002 Filed by Brian E Caine of Deily USBC PAM - LIVE - VERSION 3.1.4L Docket Report Page 4 of 5 Mooney and Glastetter LLP on behalf of DaimlerChrysler Financial Services Americas LLC. (Attachments: 4.1- Certificate of Service) (Caine, Brian) (Entered: 04/20/2007) 05/18/2007 19 Certification that 341 Meeting of Creditors (Ch. 13) Not Held on 05/17/07. To be Rescheduled for Debtor. (There is no image or paper document associated with this entry.). (dehart, IIIod), Charles) (Entered: 05/18/2007) 05/18/2007 20 Request to BNC - Meeting of Creditors Rescheduled. 341(a) meeting to be held on 6/28/2007 at 12:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. (KZ) (Entered: 05/18/2007) 05/20/2007 21 BNC Certificate of Mailing. (RE: related document(s)20 ). Service Date 05/20/2007. (Admin.) (Entered: 05/21/2007) 06/13/2007 22 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Ann E O'Donnell of Goldbeck McCafferty and McKeever on behalf of Deutsche Bank National Trust Co. et. al.. (Attachments: # 1 Proposed Order # 2 MFR Breakdown# 3 Certificate of Nonconcurrence) (O'Donnell, Ann) (Entered: 06/13/2007) 06/13/2007 Receipt of Motion for Relief From Stay(1:07-bk-00642-MDF) (motion,mrlfsty] ( 150.00) filing fee. Receipt number 2282533, amount $ 150.00. (U.S. Treasury) (Entered: 06/13/2007) 06/13/2007 FeeDueRFS flag removed. (CashReg) (Entered: 06/20/2007) 06/15/2007 23 Order (RE: related document(s)22 ). Answers are due on: 6/30/2007. Hearing scheduled for 7/10/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 06/15/2007) 06/15/2007 24 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Deutsche Bank National Trust Co. et. al. (RE: related document(s)23, 22 ). (Puida, Leslie) (Entered: 06/15/2007) 06/27/2007 25 Motion to Dismiss Case Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Attachments: # 1 Proposed Order) (Briganti, Philip) (Entered: 06/27/2007) 06/29/2007 26 Certification that 341 Meeting of Creditors Not Held for Debtor, who without excuse, failed to appear at the 341 meeting on 06/28/07. Notice sent to all creditors.. Objections due by 7/21/2007. (dehart, III •f/eef ? _- -- - 7V 10 6555?_ag?o-r - USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 5 of 5 Od), Charles) (Entered: 06/29/2007) 06/29/2007 28 Order Dismissing Case. (RE: related document(s)1, 25 ). (BW) (Entered: 07/02/2007) 07/01/2007 27 BNC Certificate of Mailing of Notice of Intent to Dismiss for nonappearance at 341 meeting. (RE: related document(s)26 ). Service Date 07/01/2007. (Admin.) (Entered: 07/02/2007) 07/02/2007 29 Motion to Dismiss Case for material default and hearing notice to parties . Filed by Trustee. Hearing scheduled for 8/2/2007 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 07/02/2007) 07/04/2007 30 BNC Certificate of Mailing. (RE: related document(s)28 ). Service Date 07/04/2007. (Admin.) (Entered: 07/05/2007) 07/20/2007 31 Final Report Final Report Filed by Trustee. (dehart, III(ck), Charles) (Entered: 07/20/2007) PACER Service Center Transaction Receipt 08/28/200714:21:49 PACER x0060 Client Code. Description: Docket Report Search Criteria: 1:07-bk 00642-MDF Fil or Ent: filed Doc From: 0 Doc To: 99999999 Term: included Format: HTIVIL r able e EA 0.24 04§n n125 5999??? 01 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: AMBER LEE BAILEY CHAPTER 13 Debtor(s) CASE NO.: 1-07-bk-00642/MDF ORDER DISMISSING CASE It appearing that the above-named debtor(s) has filed a Motion to Dismiss and it having been determined that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the +Cotat, 71 (JDK) dvcuowg is ehacct omeal& s pwd and, rd an Ov san wr dew Dated: June 29, 2007 =P"M"1.WPT NEV l o T -n GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Melton Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 auc toiom ry' IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 Defendant(s) RULE si pts'4tI... 04 AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. Rule returnable the [day of O0? ?1 o? IN Date: -q-t4 b"7 J. y ! ? Y ! a b'i?'v7? 3,4 n!IN&I ?tNr;C f. ;;_r no h :6 Wd ?- d3S LODZ ) .pc.-d 3Hi . O GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 Plaintiff Vs. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 CERTIFICATION OF SERVICE OF RULE RETURNABLE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiffs Petition for Reassessment of Damages and Rule Returnable Date of October 11, 2007 @ 11: a.m. was mailed by first class mail, postage prepaid to Defendant(s) AMBER L. BAILEY @ 823 Factory Street, Carlisle, PA 17013 on September 12, 2007. GOLD By: Sworn and subscribed to & McKEEVER Gary E. Cafferty sq. 215-825-63 215-825-6442 (fax) Email: gmccafferty@goldbecklaw.com e this 12 day of September, 2007 LWA(CUL-1- . LLtA Notary Pu 'c COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL A. DILCHUS, Notary Public City of Philadelphia, Phila. County My Commission Expires April 25, 2009 IN THE COURT OF COMMON PLEAS AUG 3 D 1007 a'""' GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 Defendant(s) RULE se PIt.'4V.. `// z cc I AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. Ile 0 Rule returnable the day of 00tA, >*07 Date: cl( q ( 0-7 J. AUG 342007A"" GOLDBECK McCAFFERTY & MCKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 Defendant(s) RULE St rPt t 4v'- . `// 'i, oto I AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. Rule returnable the day of p Date: Cl( 0 J. • t t IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) ORDER CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 AND NOW, this day of , 2007, upon consideration of the Petition of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 to Amend its Judgment, it is, ORDERED: That the motion is granted and Plaintiffs judgment is hereby amended to $121,261.19, plus interest at the rate set forth in the note and mortgage, and costs of this action through and including the Sheriff's Sale of the Property or payment of the mortgage loan in full. BY THE COURT: J. Distribution list: Gary E. McCafferty, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 AMBER L. BAILEY, 823 Factory Street Carlisle, PA 17013 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 1 of 5 CREDS, FMDue, 2002, DISMISSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:07-bk-00642-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 03/05/2007 Date Terminated: 06/29/2007 Date Dismissed: 06/29/2007 Debtor Amber Lee Bailey 823 Factory Street Carlisle, PA 17013 SSN: xxx-xx-6097 Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst: U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by Philip Charles Brigand 74 West Pomfret Street Carlisle, PA 17013 717 960-0005 Fax : 717 960-9940 Email: pbriganti@pa.net Filing Date # Docket Text 03/05/2007 1 Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 Receipt of Voluntary Petition (Chapter 13)(1:07-bk-00642) [misc,volpl3a] ( 274.00) filing fee. Receipt number 2108302, amount $ 274.00. (U.S. Treasury) (Entered: 03/05/2007) 03/05/2007 2 Exhibit D - Individual Debtor's Statement of Compliance with Credit Counseling Requirement Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 3 Certificate of Credit Counseling Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Briganti, --https://ecfpambaiseouffS-;go _ = 258896 ?5655508-L--&99-=6= t- USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 2 of 5 Philip) (Entered: 03/05/2007) 03/05/2007 4 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by Philip Charles Brigand on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 5 Notice to Individual Consumer Debtor Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Briganti, Philip) (Entered: 03/05/2007) 03/05/2007 FeeDueBK flag removed. (CashReg) (Entered: 03/06/2007) 03/06/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 4/19/2007 at 09:00 AM. (DB) (Entered: 03/06/2007) 03/06/2007 6 Notice of missing documents (RE: related document(s)_l ). (DB) (Entered: 03/06/2007) 03/08/2007 7 BNC Certificate of Mailing of Notice of Deficient Filing (Missing Documents) (RE: related document(s)6 ). Service Date 03/08/2007. (Admin.) (Entered: 03/09/2007) 03/14/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/1/2007 at 09:00 AM. (KZ) (Entered: 03/14/2007) 03/19/2007 8 Motion to Extend Time to file schedules or provide required information Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Attachments: # 1 Proposed Order) (Briganti, Philip) (Entered: 03/19/2007) 03/21/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/3/2007 at 09:00 AM. (KZ) (Entered: 03/21/2007) 03/28/2007 9 Order Granting Motion to Extend Time to file schedules or provide required information (RE: related document(s) 8 ). Clerks Office Follow-Up Due by 4/4/2007. (SP) (Entered: 03/28/2007) 03/30/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/17/2007 at 09:00 AM. (KZ) (Entered: 03/30/2007) 04/04/2007 10 Employee Income Records (Payment Advices) Filed by Philip Charles Briganti on behalf of Amber Lee Bailey. (Briganti, Philip) b useaurts.goy/c --br Rp(;pk7?958-2 A?c?cccnS,L -889-=0-1 -- - X12$/200-7 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 3 of 5 (Entered: 04/04/2007) 04/04/2007 11 Chapter 13 Statement of Current Monthly Income and Disposable Monthly Income - Form 22C . Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 12 Statement of Disclosure of Compensation, Schedules A through J and Summary of Schedules, Statement of Financial Affairs, Statistical Summary of Certain Liabilities Filed by Philip Charles. Briganti on behalf of Amber Lee Bailey (RE: related document(s)1_ ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 13 Chapter 13 Plan Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 14 Amended Matrix (Adding Creditors). Filing fee due in the amount of $ 26.00. (There is no image or paper document associated with this entry.) Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)[4] ). (Briganti, Philip) (Entered: 04/04/2007) 04/04/2007 Receipt of Amended Matrix (Fee)(1:07-bk-00642-MDF) [misc,amdcm] ( 26.00) filing fee. Receipt number 2161789, amount $ 26.00. (U.S. Treasury) (Entered: 04/04/2007) 04/04/2007 FeeDueAdCr flag removed. (CashReg) (Entered: 04/05/2007) 04/05/2007 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 5/17/2007 at 09:00 AM. (CA) (Entered: 04/05/2007) 04/10/2007 15 Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 5/17/2007 at 09:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Proofs of Claims due by 8/15/2007. Last day to oppose dischargeability is 7/16/2007. (KZ) (Entered: 04/10/2007) 04/12/2007 16 BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s)15 ). Service Date 04/12/2007. (Admin.) (Entered: 04/13/2007) 04/12/2007 17 BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s)15 ). Service Date 04/12/2007. (Admin.) (Entered: 04/13/2007) 04/20/2007 18 Entry of Appearance under 2002 Filed by Brian E Caine of Deily vii-bktRpt.?l`?52-51"9675U555 _ ---8 f28/2007 ---=_-- USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 4 of 5 Mooney and Glastetter LLP on behalf of DaimlerChrysler Financial Services Americas LLC. (Attachments: # 1 Certificate of Service) (Caine, Brian) (Entered: 04/20/2007) 05/18/2007 19 Certification that 341 Meeting of Creditors (Ch. 13) Not Held on 05/17/07. To be Rescheduled for Debtor. (There is no image or paper document associated with this entry.). (dehart, III6d), Charles) (Entered: 05/18/2007) 05/18/2007 20 Request to BNC - Meeting of Creditors Rescheduled. 341(a) meeting to be held on 6/28/2007 at 12:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. (KZ) (Entered: 05/18/2007) 05/20/2007 21 BNC Certificate of Mailing. (RE: related document(s)20 ). Service Date 05/20/2007. (Admin.) (Entered: 05/21/2007) 06/13/2007 22 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Ann E O'Donnell of Goldbeck McCafferty and McKeever on behalf of Deutsche Bank National Trust Co. et. al.. (Attachments: # I Proposed Order # 2 MFR Breakdown# 3 Certificate of Nonconcurrence) (O'Donnell, Ann) (Entered: 06/13/2007) 06/13/2007 Receipt of Motion for Relief From Stay(1:07-bk-00642-MDF) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 2282533, amount $ 150.00. (U.S. Treasury) (Entered: 06/13/2007) 06/13/2007 FeeDueRFS flag removed. (CashReg) (Entered: 06/20/2007) 06/15/2007 23 Order (RE: related document(s)22 ). Answers are due on: 6/30/2007. Hearing scheduled for 7/10/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 06/15/2007) 06/15/2007 24 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Deutsche Bank National Trust Co. et. al. (RE: related document(s)23, 22 ). (Puida, Leslie) (Entered: 06/15/2007) 06/27/2007 25 Motion to Dismiss Case Filed by Philip Charles Briganti on behalf of Amber Lee Bailey (RE: related document(s)1 ). (Attachments: # 1 Proposed Order) (Briganti, Philip) (Entered: 06/27/2007) 06/29/2007 26 Certification that 341 Meeting of Creditors Not Held for Debtor, who without excuse, failed to appear at the 341 meeting on 06/28/07. Notice sent to all creditors.. Objections due by 7/21/2007. (dehart, III ---h?tps://ecf.pamlrtseoui s5258&9675655508-L--8"= ?'1 R??7 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 5 of 5 Od), Charles) (Entered: 06/29/2007) 06/29/2007 28 Order Dismissing Case. (RE: related document(s)1, 25 ). (BW) (Entered: 07/02/2007) 07/01/2007 27 BNC Certificate of Mailing of Notice of Intent to Dismiss for nonappearance at 341 meeting. (RE: related document(s)26 ). Service Date 07/01/2007. (Admin.) (Entered: 07/02/2007) 07/02/2007 29 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 8/2/2007 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 07/02/2007) 07/04/2007 30 BNC Certificate of Mailing. (RE: related document(s)28 ). Service Date 07/04/2007. (Admin.) (Entered: 07/05/2007) 07/20/2007 3_l Final Report Final Report Filed by Trustee. (dehart, III(ck), Charles) (Entered: 07/20/2007) II PACER Service Center II Transaction 1 08/28/2007 14:21:49 1 ACER 1:07-bk 00642-MDF Fil or Ent: Description: Docket Search filed Doc From: 0 Doc To: Report Criteria: 99999999 Term: included Format: HTML urts.gov/egi-- IffiMtI?p L--B$9-0 1 -- - 28!?n? i IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: AMBER LEE BAILEY CHAPTER 13 Debtor(s) CASE NO.: 1-07-bk-00642/MDF ORDER DISMISSING CASE It appearing that the above-named debtor(s) has filed a Motion to Dismiss and it having been determined that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Coin p Huge (3DK) Z% is doce nt is electr nica!!,y signed andfiW on the same date. Dated: June 29, 2007 MOPA-0I5MISSIMPT REV 5IM5 GOLDBECK McCAFFERTY & MCKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, petitions the Court to Amend its Judgment in mortgage foreclosure for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on October 02, 2006 as to the property located at 823 Factory Street Carlisle, PA 17013 ("Property") 2. On November 21, 2006, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $100,756.95, based upon the demand in Plaintiffs Complaint. 3. Additional sums have been incurred or expended on Defendant's behalf since the complaint was filed. 4. On March 05, 2007 Defendants filed a petition in bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania (No. 07-00642) which stayed further prosecution of Plaintiffs action in mortgage foreclosure. 5. By order of United States Bankruptcy Court dated June 29,2007 Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code. 6. Since the filing of the Complaint, interest and late charges continue to accrue based on the rate set forth in the mortgage; and plaintiff has continued to pay taxes and hazard insurance premiums as required under the terms of the note and mortgage or under the terms of the mortgage contract in order to protect the interest of Defendants and Plaintiff. 7. Due to the increase in the amounts due and owing to Plaintiff, Plaintiffs judgment amount is not sufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the Property. 8. A sheriff's sale is scheduled for December 05, 2007, and the amounts due and owing on the mortgage as of the sheriff's sale will be as follows: Principal Balance $87,373.56 Interest from 11/20/2006 thru 12/05/2007 at 11.7500% Per diem interest rate at $28.13 $17,232.82 Late Charges $476.37 Escrow $3,120.06 Sub-Total Recoverable Balance (Breakdown) 07/03/07 150.00 COURT COSTS-BNK 07/03/07 550.00 BANKRUPTCY 04/27/07 150.00 BANKRUPTCY 04/02/07 150.00 BANKRUPTCY 03/27/07 450.00 TINE COSTS 03/27/07 27.00 CORP ASSIGNMENTS $108,202.81 $7,566.50 03/27/07 164.00 COURT COSTS-FCL 03/27/07 1,250.00 FORECLOSURE 10/26/06 50.00 CORP ASSIGNMENTS 10/19/06 1,500.00 SHERIFF FEES 10/19/06 200.50 COURT COSTS-FCL 07/27/06 25.00 COIN COLL INSPECTION 07/26/06 25.00 COIN COLL INSPECTION 07/26/06 2,875.00 FORECLOSURE Other Outstanding Fees $166.20 (Breakdown) PROPERTY INSPECT 07-13-06 8.90 PROPERTY INSPECT 08-10-06 8.90 PROPERTY INSPECT 09-22-06 8.90 PROPERTY INSPECT 10-26-06 8.90 PROPERTY INSPECT 11-29-06 8.90 PROPERTY INSPECT 01-02-07 8.90 PROPERTY INSPECT 02-01-07 8.90 PROPERTY INSPECT 03-12-07 8.90 BPO FEES 09-28-06 95.00 Recording Cost $27.00 Payoff Statement Fee $30.00 Sub-Total $115,992.51 Attorney's Fee at 5.0000% of principal balance $4,368.68 Costs of Suit and Title Search $900.00 TOTAL 5121.261.19 WHEREFORE, Plaintiff prays that the Petition be granted and Plaintiffs Judgment be amended to $121,261.19, plus interest and costs of the action. submitted, & McKEEVER By: Gary ?OlcCaffe , Esq. Phone: 15) 825 302 Fax: (215) - Email: gmccaff vnp-oldbecklaw.com GOLDBECK MCCAFFERTY & MCKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) VERIFICATION IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 Gary E. McCafferty, Esq., hereby states that he is the attorney for plaintiff and that all of the facts set forth within the attached Petition to Amend its Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties 18 P.S. S Gary E. afferty, E: Phone: (215) 82k-_6302 Fax: (215) 825-640-7- Email: 2mccaffertvna.a4 .com GOLDBECK McCAFFERTY & MCKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 Defendant(s) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff is entitled to the amounts due and owing pursuant to the terms of the mortgage and note at the time of the Sheriff s Sale of property involved. For reasons stated in the within motion, Plaintiff s judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, late charges and advances made by plaintiff to pay taxes, insurance, or to otherwise protect its mortgage lien and the interests of the Defendant, have all been accruing while Plaintiff's action in mortgage foreclosure was delayed. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and Plaintiffs judgment be amended to $121,261.19, plus interest and costs. Respectfully TY, By: Gary E. &WCaff sq Phone: (21 5-630 Fax: (215) 825- Email: ignccaffertva.e ldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 CERTIFICATION OF SERVICE Jaclyn Jamieson is a legal assistant with the firm of GOLDBECK McCAFFERTY & McKEEVER and hereby certifies that a true and correct copy of Plaintiffs Petition to Amend Judgment was mailed by first class mail, postage prepaid to Defendant(s) AMBER L. BAILEY @ 823 Factory Street Carlisle, PA 17013 on August 28, 2007. GOLDBECK McCAFFERTY & McKEEVER By: of eck M ff McKeever Jac Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com GOLDBECK MCCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SurrE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.GOLDBECKLAW.COM August 28, 2007 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 vs. AMBER L. BAILEY Docket Number: 06-5795 Our file Number: WM-0874 To the Prothonotary: Kindly file Plaintiff's Petition to Amend Judgment the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed. Very truly yours, Goldbeck McCafferty & McKeever Jaclyn Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com cc: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.GOLDBECKLA W.COM September 12, 2007 AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 RE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 v. AMBER L. BAILEY Docket Number. 06-5795 Loan Number: 0697567980 Our File Number: WM-0874 I have enclosed for service upon you Plaintiffs Petition for Reassessment of Damages and Rule Return Date of October 119 2007 @ 11:00 a.m.. Please contact your own legal counsel to discuss this petition. Very truly yours, GOLDBECK McCAFFERTY & McKEEVER By: Jaclyn Jamieson Legal Assistant to Gary McCafferty 215-825-6369 215-825-6378 (fax) jjamieson@goldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.GOLDBECKLAW.COM September 12, 2007 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 vs. AMBER L. BAILEY NO. 06-5795 Our file Number: WM-0874 To the Prothonotary: Kindly file Plaintiff's CERTIFICATION OF SERVICE OF RULE RETURNABLE with the Court and return a time-stamped copy in the pre-addressed and prepaid envelope provided. Very truly yours, GOLDBECK McCAFFERTY & McKEEVER By: Jaclyn Jamieson Legal Assistant to Gary McCafferty 215-825-6369 215-825-6378 (fax) jjamieson@goldbecklaw.com CC: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 n ?a 71 i Cl`1 - IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Defendant(s) No. 06-5795 ORDER Ok AND NOW, this l ( day of 0 6V ', 2007, upon consideration of the Petition of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 to Amend its Judgment, it is, ORDERED: That the motion is granted and Plaintiffs judgment is hereby amended to $121,261.19, plus interest at the rate set forth in the note ortgage and costs of this action through and including the Sheriffs Sale of the Propert - or payment o he mortgage loan in full. .T: J. 7 D" tribution list: ary E. McCafferty, Esquire, Suite 5000 - Mellon Independence P 'ladelphia, PA 19106-1532 MBER L. BAILEY, 823 Factory Street Carlisle, PA 17013 ?c 6? CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE , 701 Market Street, V1,11MA` ASNINOd ZO :Zl wJ l l 130 LOU A&'`1"HlOldd 3HI J0 301140-0311A GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 vs. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 No. 06-5795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(x) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 823 Factory Street, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendant, AMBER L. BAILEY, is the mortgagor and real owner of the mortgaged premises. The last known address of Defendant, Amber L. Bailey, is as set forth in Paragraph 2 of the Complaint. 4. The Sheriff has been unable to effect service of the Notice of Sale upon Defendant, Amber L. Bailey, at the property, 823 Factory Street, Carlisle, PA, 17013. Per Sheriff, Defendant is not IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY found. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Amber L. Bailey. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Notice of Sale upon Defendant, Amber L. Bailey, by posting the premises and certified and regular mail to the Defendant's last known R Affidavit of Good Faith Investigation Client provided Information: File Number: WM-0874 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Bailey Subject Name: Amber L. Bailey Property Address: Street: 823 Factory Street City: Carlisle State: PA Zip: 17013 Skip Results: Date of Birth: None Found ProVest File Number: 214048 Last Known Dates: As of 11 /02/2007 Street: 823 Factory Street Phone: City: Carlisle State: PA Zip: 17013 Death Records: As of 11 /02/2007, the Social Security Administration has no death record on file for Amber L. Bailey. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Amber L. Bailey as 823 Factory Street, Carlisle, PA 17013 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Amber L. Bailey from 823 Factory Street, Carlisle, PA 17013 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information: The County Voters Registration Office has no listing for Amber L. Bailey. National Postal Address Search: Has no change for Amber L. Bailey from 823 Factory Street, Carlisle, PA 17013 Comments: 717-243-0235: Called possible neighbor, L. A. Brenizer, answering machine answered, no message left. 717-422-5388: Called possible neighbor, Jamison Christopher, there was no answer. 717-245-0499: Called possible neighbor, E. Day, there was no answer. On 11 /02/2007, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named sub'ect. Above are the results of my investigation. Su d cuid svvx" to bre*r+e me, !? Potm Ck"ett Notory I'' Aft Date: 11/02/2007 KIM ATTESERY WCOW4010tka Motsry? pubkk STATE of TEAS Exp, W12•2.009 Deutsche Bank National Trust Company, In the Court of Common Pleas of As Trustee for Long Beach Mortgage Cumberland County, Pennsylvania Loan Trust 2006-3 Writ No. 2006-5795 Civil Term VS R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Amber L. Bailey, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as as to the defendant, Amber L. Bailey. The house located at is littered with junk. The locks have been changed, plumbing is winterized, electricity as een shut off, and the gas and water have been turned off. There is a notice on the front door from Amber Bailey to the Postman to hold her mail. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1500 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 Amber L. Bailey located at 823 Factory Street, Carlisle, Cumberland County, Pennsylvania according to law. So Answers: ?R ` R. Thomas Kline eri ff BY J?4 Real Estate ergeant GOLDBECK WCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-5795 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. BY. vid B. Fein, Esq. GOLDBECK McCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120" VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-5795 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Notice of Sheriff's Sale against Defendant, Amber L. Bailey, which the Sheriff has been unable to personally serve upon Defendant, Amber L. Bailey. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Notice of Sheriff's Sale upon Defendant, Amber L. Bailey, by posting the premises and certified mail and regular mail to the Defendant's last known address. Re ec lly submitted, i avid B. Fein, Esq. GOLDBECK McCAFFERTY & McREEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 CERTIFICATE OF SERVICE No. 06-5795 David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Amber L. Bailey, this 9'h day of November, 2007, by first class mail, postage prepaid. BY: IN THE COURT OF COMMON PLEAS Of Cumberland County Ul . -< .r DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 ORDER 06-5795 AND NOW, this day of 2007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Amber L. Bailey, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff's Sale upon Defendant, Amber L. Bailey, by posting a copy of the Notice upon the premises 823 Factory Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 823 Factory Street, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Amber L. Bailey, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 AMBER L. BAILEY, 823 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 vs. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 No. 06-5795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 823 Factory Street, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendant, AMBER L. BAILEY, is the mortgagor and real owner of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 4. The last known address of Defendant, Amber L. Bailey, is as set forth in Paragraph 2 of the Complaint. 5. The Sheriff has been unable to effect service of the Notice of Sale upon Defendant, Amber L. Bailey, at the property, 823 Factory Street, Carlisle, PA, 17013. Per Sheriff, Defendant is not found. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Amber L. Bailey. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Notice of Sale upon Defendant, Amber L. Bailey, by posting the premises and certified and regular mail to the Defendant's last known address. BY: ?b B. Fein, Esq. T - Affidavit of Good Faith Investigation Client provided information: File Number: WM-0874 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Bailey Subject Name: Amber L. Bailey Property Address: Street: 823 Factory Street City: Carlisle State: PA Zip: 17013 Skip Results: Date of Birth: None Found ProVest File Number: 214048 Last Known Dates: As of 11 /02/2007 Street: 823 Factory Street Phone: City: Carlisle State: PA Zip: 17013 Death Records: As of 11 /02/2007, the Social Security Administration has no death record on file for Amber L. Bailey. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor information: Creditors indicated the last reported address for Amber L. Bailey as 823 Factory Street, Carlisle, PA 17013 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Amber L. Bailey from 823 Factory Street, Carlisle, PA 17013 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information: The County Voters Registration Office has no listing for Amber L. Bailey. National Postal Address Search: Has no change for Amber L. Bailey from 823 Factory Street, Carlisle, PA 17013 Comments: 717-243-0235: Called possible neighbor, L. A. Brenizer, answering machine answered, no message left. 717-422-5388: Called possible neighbor, Jamison Christopher, there was no answer. 717-245-0499: Called possible neighbor, E. Day, there was no answer. On 11 /02/2007, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named sub'ect. Above are the results of my investigation. Strlxc d c xwwro to befooe me, A rn Pcom Brett Nob o" Purl' .. e Date: 11/02/2007 KIM ATTESERY STATE of TEXAS UP Wt2-2002 I=Wft Deutsche Bank National Trust Company, As Trustee for Long Beach Mortgage Loan Trust 2006-3 VS In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-5795 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Amber L. Bailey, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as as to the defendant, Amber L. Bailey. The house located at is littered with junk. The locks have been changed, plumbing is winterize , electricity as been shut off, and the gas and water have been turned off. There is a notice on the front door from Amber Bailey to the Postman to hold her mail. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1500 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 Amber L. Bailey located at 823 Factory Street, Carlisle, Cumberland County, Pennsylvania according to law. So Answers: E ` R. Thomas Kline, eriff BY a Real Estate ergeant GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 vs. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 VERIFICATION No. 06-5795 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY A , BY: gavid B. Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120" vs. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 No. 06-5795 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Notice of Sheriff s Sale against Defendant, Amber L. Bailey, which the Sheriff has been unable to personally serve upon Defendant, Amber L. Bailey. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Notice of Sheriff s Sale upon Defendant, Amber L. Bailey, by posting the premises and certified mail and regular mail to the Defendant's last known address. Actfu itted, q. 7J IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY GOLDBECK McCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 CERTIFICATE OF SERVICE No. 06-5795 David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Amber L. Bailey, this 28th day of November, 2007, by first class mail, postage prepaid. BY: IN THE COURT OF COMMON PLEAS Of Cumberland County ?J N f:,.T1 1-0 Lw? DEC 0 3 ? 2007 DEUTSCHE BANK NATIONAL TRUST. COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 vs. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 06-5795 ORDER AND NOW, this q l'l'? day of I?V 2007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Amber L. Bailey, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff's Sale upon Defendant, Amber L. Bailey, by posting a copy of the Notice upon the premises 823 Factory Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 823 Factory Street, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Amber L. Bailey, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. B HE COUR . J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 AMBER L. BAILEY, 823 Factory Street Carlisle, PA 17013 7 = F ? ? OM CEDE GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 WM-0874 CF: 10/03/2006 SD: 02/06/2008 $121,261.19 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 W (2) Term No. 06-5795 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted byerifls.A€€?ee?icompetent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Respectfully submitted, C'-? ??.?Cc B : Joseph A. Goldbeck, Jr. Attorney for Plaintiff 1 LL r m Q Q O O ? N r r Pq iR N v oG W +R A _ ``??tt Q31N?' V6 Al_ ?1Ii1' I E o w 3 c ) u - 0 rte,,, ? ? F ISM via, nE Vat I? r 1 1 C4 r II 4 4 co r Q. i 1 8 z I? ai S N a a E ? U it W J Q m J m I C"6 - aq ?, r? N p 'al 1ra _ ?. to 0 Cf lt 1 Ul wz ?p°° p[00 1 J? 1,04. ?? I C) , ` ,awl :?..'?. cst? ? a wILL t mco 1 r ?cV a a ? Q 4 0 a E I d ..? to WUJ I? Form 3877 Domestic USPS Firm Mailing Book Name and Address of Sender: Permit Number Sequence Number JOSEPH A GOLDBECK JR 1707A MELLON INDEPENDENCE CE NT 701 MARKET ST STE 5000 Ascent - MAC v7.20.7.20.I PHILADELPHIA, PA 19106 - -- -- ---- ---------- ---------------------------- ----------- ------------------------------------- Piece ID Article # --------------------------- Delivery Address ------ SS -- Fee Postage Value Sender Charges Addressee Name Type Insur./Register Due - - -- - -- - Total ------ - - ------------------------------------- 56392FCGL1-7 71114342363000223400 ---------------------------- LESTER, GREGORY S. ------- C -------- 2.65 ---------- 0.41 --- --------- -- -- -- -- -- - 3.91 1500 Centennial Street RRE 0.85 McKeesport, PA 15132 56392FCRL1-7 71114342363000223417 LESTER, ROBBI L. C 2.65 0.41 3.91 • 1413 Centennial Street RRE 0.85 McKeesport, PA 15132 . 56392FCGL1-7.071114342363000223424 LESTER, GREGORY S. C 2.65 0.41 3.91 1413 Centennial Avenue RRE 0.85 McKeesport, PA 15132 56392FCRL1-7.071114342363000223431 LESTER, ROBBI L. C 2.65 0.41 3.91 1500 Centennial Street RRE 0.85 McKeesport, PA 15132 CW05168IP1-31 71114342363000223448 PARKER, IONA C 2.65 0.41 3.91 278 Saw Creek Estates RRE 0.85 Bushkill, PA 18324-9413 CWD5168IP1-31.71114342363000223455 IONA PARKER C 2.65 0.41 3.91 RR 8 BOX 8746 RRE 0.85 EAST STROUDSBURG, PA 18301 WM0874AB2-6 71114342363000223462 BAILEY, AMBER L. C 2.65 0.41 3.91 823 Factory Street RRE 0.85 Carlisle, PA 17013 vtrHa EMC1468DD2-1 71114342363000223479 DAVIES, DENISE M. C 2.65 0.41 G 1 `re 3.91 1 ? 115 Mountain Road RRE 0.85 } A O Shavertown, PA 18708 ? Z ti ------------------------------------ ---------------------------- -------- -------- --------- ---- Page Totals: 8 28.00 3.28 31.28 Cumulative Totals: 16 56.00 6.56 62.56 Page 2 .- DEC 0 3 2001, DEUTSCHE BANK NATIONAL TRUST. COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 06-5795 ORDER -OV AND NOW, this `7 A day of 2007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Amber L. Bailey, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of ; Sheriffs Sale upon Defendant, Amber L. Bailey, by posting a copy of the Notice upon the premises 823 Factory Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 823 Factory Street, Carlisle, PA, 17013, and that all finther service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Amber L. Bailey, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. B COUR . J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center,'701 Market Street, Philadelphia, PA 19106-1532 ..•?R? AMBER L. BAILEY, 823 Factory Street Carlisle, PA 17013 TRUE COPY FR"'N' in Teaftony Wher8d, t hers "to svt ? ham and tie of saidCV id 11s1e. pd this,, d8 7 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE DEUTSCHE BANK NATIONAL TRUST CO. AMBER L. BAILEY Plaintiff (Petitioner) VS. Defendant (Respondent) CASE and/or DOCKET: 06-5795 I, &edeclare that I am a Pennsylvania State Constable and/or Process Server, in and for the County of Berks, that I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state where service was effected. I was authorized by law to perform the said service. SERVICE UPON: AMBER L. BAILEY ADDRESS: 823 FACTORY ST. CARLISLE, PA 17013 On: /,?- 113 1b 4- At: / arP? Description: Approximate Age Height Weight Race Sex Hair With Documents: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Manner of Service By handing to: ? DEFENDANT(S) PERSONALLY SERVED ? ADULT FAMILY MEMBER WITH WHOM THE SAID DEFENDANT(S) RESIDES. NAME: RELATIONSHIP: ? ADULT IN CHARGE OF DEFENDANTS RESIDENCE. NAME: RELATIONSHIP: POSTED PROPERTY PIK ? AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. NAME: TITLE: ? MILITARY STATUS: NO / YES BRANCH: COMMENTS: DEFENDANT WAS NOT SERVED BECAUSE: - MOVED -UNKNOWN NO ANSWER VACANT OTHER: SERVICE WAS ATTEMPTED ON THE FOLLOWING DATES/TIMES: 1.) 2.) 3.) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 1,2007 CONSTABLE/PROCESS SERVER N AR ?AL SEAL TERESA A h4NZOLA.. Notary Public Washington Cwg., Berks County My Con)rli1sslon fEAPkj mL?.eGetpl>?? PROVEST, LLC. P.O BOX 1180, 93 E MAIN STREET, BAY SHORE NY 11706 631.666.6168 (F) 631.666.6295 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 06-5795 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 823 Factory Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. 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. TENANTS/OCCUPANTS 823 Factory Street Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. DATED: December 31, 2007 G BECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff TX _? + a4 '? W tl G3? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Long Beach Mtg Loan Trust 2006-3 Tr is the grantee the same having been sold to said grantee on the 6th day of Feb A.D., 2008, under and by virtue of a writ Execution issued on the 10 day of Jult, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5795, at the suit of Long Beach MtR Loan Trust 2006-3 Tr against Amber L Bailey is duly recorded as Instrument Number 200804990. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ? , A.D. o2DD r of Deeds Aemder eds, Cumberland County. Cadbb, PA My Comff9bon Expires ft Firs) Monday of Jan. 2010 Deutsche Bank National Trust Company, In the Court of Common Pleas of As Trustee for Long Beach Mortgage Cumberland County, Pennsylvania Loan Trust 2006-3 Writ No. 2006-5795 Civil Term VS Amber L. Bailey R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Amber L. Bailey, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Amber L. Bailey. The house located at 823 Factory Street, Carlisle, Cumberland County, Pennsylvania is littered with junk. The locks have been changed, plumbing is winterized, electricity has been shut off, and the gas and water have been turned off. There is a notice on the front door from Amber Bailey to the Postman to hold her mail. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1500 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 Amber L. Bailey located at 823 Factory Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 6, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3 of 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $919.85. Sheriff s Costs: Docketing $30.00 Poundage 17.64 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 355.00 Patriot News 283.19 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 919.85 ?'a??u Q+ R. Thomas Kline, Sheriff BYE Real state ergeant L4 &d5 /'3 Goldbeck McCafferty & McKeever 'BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY (Mortgagor(s) and Record Owner(s)) 823 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5795 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 823 Factory Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. 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. TENANTS/OCCUPANTS 823 Factory Street Carlisle, PA 17013 (attach separate sheet if more space is needed) 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 unworn falsification to authorities. DATED: July 6, 2007 McCAFFERTY & McKEEVER . Goldbeck, Jr., Esq. Plaintiff 06-5795 GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. AMBER L. BAILEY Mortgagor(s) and Record Owner(s) 823 Factory Street Carlisle, PA 17013 Defendant(s) Term No. 06-5795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BAILEY, AMBER L. AMBER L. BAILEY 823 Factory Street Carlisle, PA 17013 Your house at 823 Factory Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $100,756.95 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3 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 to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-3, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 06-5795 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 below on 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. 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. 3. 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 the Sheriff of 717-240-6390. 4. 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. 5. 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. 6. 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that 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 schedule of distribution is filed. 7. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 All those certain lots or tracts of land with the improvements and thereon erected situate in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, being more fully bounded and described as follows: Beginning at a point on the East side of Factory Street at a line of land formerly of Harry P. Morrismith, et ux., and now or formerly of Hattie Sweger; thence by said land now or formerly of Sweger, eastwardly a distance of 90 feet to a point on the West side of a 16 foot wide alleyway (formerly 4 feet wide); thence along said West side of the alleyway southerly a distance of 16 feet 8 inches to a point; thence through the partywall in a westerly direction a distance of 90 feet to a point at the Eastside of Factory Street; thence along said East side of Factory Street in a northerly direction of 16 feet 8 inches to a point, the place of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 823 Factory Street Carlisle, PA 17013 SOLD as the property of AMBER L. BAILEY TAX PARCEL #06-19-1643-224 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5795 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 2006-3, Plaintiff (s) From AMBER L. BAILEY (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 $100,756.95 L.L. Interest 11/21/2006 TO DATE OF SALE AT 11.7500% Atty's Comm % Atty Paid $934.95 Due Prothy $2.00 Other Costs Plaintiff Paid Date: JULY 10, 2007 (Seal) Curti R. Long, Prothonotary Y: e Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 W- ?1 GR nn? i?yw„-,7 i.t4 Real Estate Sale # 25 On August 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 823 Factory Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 7, 2007 By: , Real Estat Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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 26, November 2 and November 9, 2007 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. Editor SWORN T(3r'AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 201 0 REAL ESTATE SALE NO. ZS Writ No. 2006-5795 Civil Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3 vs. Amber L. Bailey Atty.: Joseph Goldbeck DESCRIPTION All those certain lots or tracts of land with the improvements and thereon erected situate in the Bor- ough of Carlisle, County of Cumber- land and Commonwealth of Pennsyl- vania, being more fully bounded and described as follows: Beginning at a point on the East side Factory Street at a line of land formerly of Harry P. Morrismith, et ux., and now or formerly of Hattie Sweger; thence by said land now or formerly of Sweger, eastwardly a distance of 90 feet to a point on the West side of a 16 foot wide alleyway (formerly 4 feet wide); thence along said West side of the alleyway south- erly a distance of 16 feet 8 inches to a point; thence through the partywall in a westerly direction a distance of 90 feet to a point at the Eastside of Factory Street; thence along said East side of Factory Street in a north- erly direction of 16 feet 8 inches to a point, the place of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 823 Factory Street, Carlisle, PA 17013. SOLD as the property of AMBER L. BAILEY. TAX PARCEL #06-19-1643-224. The Patriot-News Co. . 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 A.A ?........... Sworn to nd scrib efore me this 30 day of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. Clark. Notary Public City Of Harrisburg, r C=* My Commission Eames June 2, 2008 Member, Pennsylvenle Ass"ation of Notaries t