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HomeMy WebLinkAbout08-6835PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 /FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 187861 CHASE HOME FINANCE LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - (0835 Civil lean CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187861 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 187861 1. Plaintiff is CHASE HOME FINANCE LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1973, Page 2185. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 187861 6 The following amounts are due on the mortgage: Principal Balance $141,709.78 Interest $6,099.12 05/01/2008 through 11/13/2008 (Per Diem $30.96) Attorney's Fees $1,250.00 Cumulative Late Charges $571.23 09/22/2006 to 11/13/2008 Cost of Suit and Title Search 750.00 Subtotal $150,380.13 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $150,380.13 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received'a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises' pursuant to Pennsylvania Law. File M 187861 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $150,380.13, together with interest from 11/13/2008 at the rate of $30.96 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC IEG, LLP / i?) By: AF=CIS .ENCE 4PHEIAN, ESQUIRE S. HALLINAN, ESQUIRE eZZQ-<' DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 187861 LEGAL DESCRIPTION All that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Earl D. Palm and Sons, on June 18, 1974, a draft of said survey being recorded in the hereinafter named Recorder's Office in Plan Book 25, Page 110, as follows: Beginning at a point on the Northern line of the public road leading from Route 34 near Sterrett's Gap to the Enola Road, known as Township Road T-381, which point at the Place of Beginning is the Southwestern corner of a 2,681 Acre tract of land now or formerly of William Vosburg and wife, and which point at the Place of Beginning is 25 feet North of the original center line of said Township Road T-381 having an original total width of 33 feet; thence from said point at the Place of Beginning along the Northern line of said Township Road T-381, North 81 degrees West, a distance of 18.52 feet to a point; thence still along the Northern line of said Township Road T-381, South 83 degrees 45 minutes West, a distance of 221.38 feet to a point; thence along line of land'now or formerly of Chester W. Schlusser and wife, North 09 degrees East, a distance of 183.42 feet to a point; thence still along line of and now or formerly of Chester W. Schlusser and wife, North 84 degrees 46 minutes 53 seconds East, a distance of 239.46 feet to a point in said 2.681 Acre tract of land now or formerly of William C. Vosburg and wife; thence along the Western line of said tract of land now or formerly of William C. Vosburg and wife, South 09 degrees West, a distance of 184 feet to a point on the Northern line of Township Road T-381, the Place of Beginning. Parcel/Tax I.D. # 21-04-0373-019A Commonly known as: 121 Mountain Road, Shermans Dale, PA 17090 File #: 187861 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsifications to authorities. Attorney fo Plaintiff DATE: ? `-f o C"? ra a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS MCKEE MICHAEL CRAIG ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MCKEE MICHAEL CRAIG but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 3rd , 2008 , this office was in receipt of t attached return from PERRY Sheriff's Costs: So answers. Docketing 6.00 Out of County 9.00 Surcharge 10.00 R Thomas Kline Postage 1.68 Sheriff of Cumberland County .00 26.68 12/03/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS MCKEE MICHAEL CRAIG ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MCKEE TONI ELIZABETH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 3rd , 2008 this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer Docketing 6.00 _ == Out of County .00 f - ? ..- Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? iz f/z?oP c 12/03/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS MCKEE MICHAEL CRAIG ET AL MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MCKEE MICHAEL CRAIG was served upon the DEFENDANT , at 1254:00 HOURS, on the 22nd day of November-, 2008 at 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 MICHAEL MCKEE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge l4/40? , 18.00 7.00 .00 10.00 .00 35.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/03/2008 PHELAN HALLINAN SCHMIEG By: -- Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS MCKEE MICHAEL CRAIG ET AL MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCKEE TONI ELIZABETH the DEFENDANT , at 1254:00 HOURS, on the 22nd day of November , 2008 at 121 MOIJNTATN ROAT? SHERMANSDALE, PA 17090 MICHAEL MCKEE, SPOUSE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 16 . 0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/03/2008 PHELAN HALLINAN SCHMIEG BY: Deputy S eriff A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Home Finance LLC v5. Michael Craig McKee et al SERVE: Toni Elizabeth McKee No. 08-6835 civil Now, November 19, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, December 1. , 20 08 , at 1 1 :26 o'clock A M. served the within Complaint in Mortgage Foreclosure upon Toni Elizabeth McKee at 2901 Erly Rd. Elliottsburg, PA 17024 Saville Twp.) by handing to Sherry Watson, Defendants Sister-PIC a True & Attested copy of the original comp Mtg Forc. and made known to Her the contents thereof. So answers, Donald E. Smith Chief Dep. Sheriff of Perry County, PA Sworn and subscribed before me this % day of _f? ems, 20 og_ COSTS SERVICE _ MILEAGE _ AFFIDAVIT to lti?RE"t F. FIICK.INGERNotwy Pudic $ 6100mOWd e(wo. Perry County lMt COMM18WOn 1M Feb-16,2D121 In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Horne Finance LLC vs. Michael Craig McKee et al SERVE: Michael Craig McKee No. 08-6835 civil Now, November 19, 2008 hereby deputize the Sheriff of Perry I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT o'clock M. served the County, PA SHERIFF'S RETURN Chase Hone Finance LLC VS Michael Craig McKee 2901 Erly Rd. Elliottsburg, PA 17024 In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2008-6835 Cumberland Co. Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Michael Craig McKee, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure for the above named Defendant(s) Michael Craig McKee at 2901 Erly Rd. Elliottsburg, PA 17024. NOT FOUND. DEFENDANT LIVES AT 121 MOUNTAIN RD. SHERMANS DALE. PA 17090. THIS IS AT THE TOP OF STERRATS GAP OF SPRING RD. IN CUMBERLAND COUNTY JUST BEFORE PERRY COUNTY LINE. Sincerely, Z44 j r, 10% a Sworn and subscribed to before me this /5t day of ?,-?Mk,- 2008. COMMONWEALTH OF PENNSYLVANIA N T RiA SEAL MARGARET F. FLIVINGER, Notary PUbliC Bloomfield Boro. Perry !county Coma+lsslon Expires Feb-18,2012 Carl E. Nace Sheriff of Perry County Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC VS. MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 08-6835 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MICHAEL CRAIG MCKEE, and TONI ELIZABETH MCKEE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $150,380.13 Interest -11/15/2008 to 01/05/2009 1$ ,609.92 TOTAL $152,021.01 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy ttached. X?el 1444-71-? Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I O PHS # 187861 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC VS. MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6835 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL CRAIG MCKEE is over 18 years of age and resides at 121 MOUNTAIN ROAD, SHERMANSDALE, PA 17090. (c) that defendant TONI ELIZABETH MCKEE is over 18 years of age and resides at 121 MOUNTAIN ROAD, SHERMANSDALE, PA 17090. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. L '' D`z U Daniel G. Schmieg, Esquire Attorney for Plaintiff "PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6835 CIVIL TERM MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE Defendant(s) TO: MICHAEL CRAIG MCKEE 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 DATE OF NOTICE: December 23, 2008 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. UAPORTANT 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 v? MARLENE POWERS Legal Assistant PHS # 187861 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC v Plaintiff MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE Defendant(s) TO: TONI ELIZABETH MCKEE 2901 ERLY ROAD ELLIOTTSBURG, PA 17024 DATE OF NOTICE: December 23, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6835 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. E"ORTANT 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARLENE POWERS Legal Assistant PHS # 187861 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6835 CIVIL TERM MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE Defendant(s) TO: TONI ELIZABETH MCKEE 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 DATE OF NOTICE: December 23, 2008 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY, INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 III ??< " ? ? MARLENE POWERS Legal Assistant PHS # 187861 l TQ C?-t (Rule of Civil Procedure No. 236) - Revised CHASE HOME FINANCE LLC VS. MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6835 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on `'". By: If you have any questions concerning this matt r please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO VSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff VS. MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6835 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By:G 1 S S ??Ivtcc Francis S. Hallinan, Esquire Date: 1/13/09 PHS #: 187861 w VERIFICATION Cindy A. Smith hereby states that he/she is A" SeaetB bryf CHASE HOME FINANCE, servicing agent for Plaintiff, CHASE HOME FINANCE LLC, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of is/her knowledge, information and belief. The undersigned understands that this statement is mad lbject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authoriJ. . DATE: 3&n. to Loan:26263566 Name: indy A. Smith F i t I A99WWd Searetery Company: CHASE HOME FINANCE u...C, File #: 187861 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff VS. MICHAEL CRAIG MCKEE TONI ELIZABETH MCKEE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6835 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: MICHAEL CRAIG MCKEE 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 TONI ELIZABETH MCKEE 121 MOUNTAIN ROAD SHERMANSDALE, PA 17090 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: S- Francis S. Hallinan, Esquire Date: 1/13/09 r? ?+ `+"7 _ i ; : ? .? -e?. ? ?t?• _ F i .. i ..y v _ ?- ?'? +?