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Home My WebLink About09-46870 Phelan 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ,Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 210991 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH4, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2007- CH4 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. DANA L. KECK KIMBERLY L. KECK 140 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065-1429 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM , ? NO. 0- 7, ?6 ?I ce.j CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 210991 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 #: 210991 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH4, ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2007-CH4 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: DANA L. KECK KIMBERLY L. KECK 140 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065-1429 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/21/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHASE BANK USA, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1987, Page 1047. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 03/01/2009 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 #: 210991 6 The following amounts are due on the mortgage: Principal Balance $92,783.91 Interest $2,835.20 02/01/2009 through 07/10/2009 (Per Diem $17.72) Attorney's Fees $1,300.00 Cumulative Late Charges $150.72 02/21/2007 to 07/10/2009 Cost of Suit and Title Search 750.00 Subtotal $97,819.83 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $97,819.83 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 #: 210991 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 $97,819.83, together with interest from 07/10/2009 at the rate of $17.72 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. By: Vaniel U. Ss4ua4, 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire ?hrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 210991 PHELAN HALLINAN & SCHMIEG, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post at the corner of lands formerly of Elizabeth Zug; thence South nine and one-half east fifty-four perches; thence by lands now or late of Charles McClure north eighty-nine and one-fourth (89 1/4) degrees east ten and one-half (10 1/2) perches to a post; thence by lands now or late of Jacob Burkholder north nine and one-half (9 1/2) degrees west fifty-four (54) perches to a post; thence by lands now or late of James Smith, south eighty-nine and one-fourth (89 1/4) degrees west ten and one-half (10 1/2) perches to the place of BEGINNING. CONTAINING three and one-half (3 1/2) acres more or less. HAVING thereon erected a frame dwelling and garage frame. BEING the same premises which Charles E. Fahnestock and Alice I. Fahnestock, husband and wife, by deed dated May 30, 1984 and recorded June 4, 1984 in Deed Book D 30, page 308 conveyed a one-half undivided interest to Gary R. Fahnestock and Vickey A. Fahnestock, husband and wife, by tenants by the entireties, and a one-half undivided interest to Charles E. Fahnestock and Alice I. Fahnestock, husband and wife, as tenants by the entireties, the relationship between the two one-half interests to be that of joint tenants with the right of survivorship and not as tenants in common. APN 40-12-0342-042 ADDRESS: 140 CEDAR STREET, MOUNT HOLLY SPRINGS, PA 17065 File #: 210991 VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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. DATE: 7 lV lo File #: 210991 0 FI I_ I ?. OF THE 200 j1-1 7 g, Sa y Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor tstttttp pt"mnbp f?t? OFI ::E CF -HE S-ERIFF OF THE MCI ? , 1, MARY 1004 JUL 23 At+g g; 4 9 Deutsche Bank National Trust Co. vs I Case Number . Dana L. Keck 2009-4687 SHERIFF'S RETURN OF SERVICE 07/18/2009 10:53 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 18 2009 at 1053 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dana L. Keck, by making known unto himself personally, defendant at 140 Cedar Street Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/18/2009 10:53 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 18 2009 at 1053 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kimberly L. Keck, by making known unto herself personally, defendant at 140 Cedar Street Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $50.30 SO ANSWERS, July 20, 2009 R THOMAS L NE, SHERIFF 1 D uty riff Phelan 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH4, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-CH4 Plaintiff VS. DANA L. KECK ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-4687-CIVIL : CUMBERLAND COUNTY PHS #: 210991 KIMBERLY L. KECK Defendant(s) 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: ence 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8-3-09 PHS #: 210991 VERIFICATION Beth Cottrell hereby states that he/she is Assistant Secretary of CHASE HOME FINANCE, servicing agent for Plaintiff 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 his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 0 r3? (??- Name: Beth Cottrell DATE: OZ 00q Title: Assistant Secretary Company: CHASE HOME FINANCE File #: 210991 Keck Phelan 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH4, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-CH4 COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-4687-CIVIL : CUMBERLAND COUNTY Plaintiff VS. DANA L. KECK KIMBERLY L. KECK Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true 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: DANA L. KECK 140 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065-1429 KIMBERLY L. KECK 140 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065-1429 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff '-? By: ? ence T. Phelan, Esq., Id. No. 32227 Ell-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 R. 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 J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8:4-09 2004 A'UG -6 PI L 0 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff DEUTSCHE BANK NATIONAL Court of Common Pleas TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE Civil Division ACQUISITION TRUST 2007-CH4, ASSET BACKED PASS-THROUGH CUMBERLAND County C-) CERTIFICATES, SERIES 2007-CH4 C -Q Plaintiff No. 09-4687-CIVIL z m - M 9 ; CC) DANA L. KECK KIMBERLY L. KECK ' Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: I Z,. PHEL LL N & SCHMIEG, LLP By: Robe sick, Esq., Id. No.80193 Attorney for Plaintiff PHS # 210991 C-1 -rj --s m "Orn o° C:) -n =a C Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH4, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-CH4 Plaintiff vs DANA L. KECK KIMBERLY L. KECK Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 094687-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DANA L. KECK KIMBERLY L. KECK 140 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065- 1429 Date:Z _ By: Robert W. usiS, Esq., Id. No.80193 Attorney for Plaintiff PHS # 210991