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PHELAN HALLINAN & SCHMIEG, LLP
Robert W. Cusick, Esq., Id. No.80193
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
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM nn,
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Plaintiff
v.
CUMBERLAND COUNTY
DANA L. KECK
KIMBERLY L. KECK
140 CEDAR STREET
MOUNT HOLLY SPRINGS, PA 17065-1429
Defendants
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 302045
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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.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
(800)990-9108
File #: 302045
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 DANA L. KECK and KIMBERLY L. KECK made, executed and
delivered a mortgage upon the premises hereinafter described to CHASE BANK, USA
NA which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1987, Page 1047. By Assignment of
Mortgage recorded 08/19/2009 the mortgage was assigned to DEUTSCHE BANK
NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE
ACQUISITION TRUST 2007-CH4, ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2007-CH4 which Assignment is recorded in Assignment of
Mortgage Instrument No. 200929182.The mortgage and assignment(s), if any, aze matters
of public record and aze 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.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 03/01 /2012 and each month thereafter are due and unpaid, and by the terms
File #: 302045
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
6
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
The following amounts are due on the mortgage as of 06/15/2012:
Principal Balance $106,433.39
Interest @ adjustable rate $2,777.26
02/01/2012 through 06/15/2012
Late Charges $89.90
Property Inspections $98.00
Appraisal/Brokers Price Opinion $585.00
Escrow Deficit 712.23
TOTAL $110,695.78
7
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.
Notice of Intention to Foreclose as set forth in Act 6 of 1974 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.
File #: 302045
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$110,695.78, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
HALLINAN 61~ SCHMIEG
By:
Robert W. Cusick, Esquire, Id. No.80193
Attorney for Plaintiff
File #: 302045
LEGAL DESCRIPTION
The land referred to in this policy is situated in the State of PA, County of CUMBERLAND, City
of MOUNT HOLLY SPRINGS and described as follows:
All that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
Beginning at a point 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 /4) perches to the place of beginning.
Containing three and one-half (3 1/2) acres more or less.
APN 40-12-0342-042
WITH THE APPURTENANCES THERETO.
APN: 40-12-0342-042
PROPERTY ADDRESS: 140 CEDAR STREET, MOUNT HOLLY SPRINGS, PA 17065-
1429
PARCEL # 40-12-0342-042
Pile #: 302045
Pennsylvania Verification
Brent Robinson ,hereby states that 'she is Vice President of
JPMor~an Chase Bank, N.A. as Attorney-In-Fact for the Plaintiff
in this matter, and is authorized to make this Verification. The statements of fact
contained in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of my information, and belief. I understand that this statement
is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Brent Robinson
Vice President
Date: 09/11/12
JPMorgan Chase Bank, N.A
Borrower: ~~,~ ~ ~~Io~nG ~
Property Address: (~~ ~Q~„~~- _~ } N~
County: CW+~~G'~~ ~~ ~~~1 t'PA ~ 1
Last Four of Loan Number: Sy~~ ~ ~to5
FORM I
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(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DANA L. KECK
KIMBERLY L. KECK
Defendant(s) ~ ~~ Civil
NOTICE OF RESIDENTIAL MORTGAGE
DIVERSION PROGRAM
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FORECLOSURET`
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243-9400
extension -2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal repres®tative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure slit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
2~ ~ Z~
Date
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
State: Zip:
Yes ^ No ^ Listing date: Price: $
Realtor Phone:
Yes ^ No ^
Home:
Cell:
Office:
Other:
State: Zjp:
How long?
Home:
Cell:
Office:
Other:
State: ZIp:
How long?
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default•
Is the loan in Bankruptcy? Yes ^ No ^
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #l: Model: Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation (automobiles boats motorc,Ycles~ Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
Monthly Gross
2. Monthly Gross
3 • Monthly Gross
Additional Income Description (not wages):
I . monthly amount:
2. monthly amount:
Borrower Pay Days:
Monthly Net.
Monthly Net.
Monthly Net
Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mort a e Food
2" Mort a e Utilities
Car Pa ment s Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other ro a ment
Install. Loan Pa ment Cable TV
Child Su ort/Alim. S endin Mone
Da /Child Care/Tuft. Other Ex enses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ^ No ^
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fes;
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ^ No ^
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ^ No ^
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
Phone:
I/We, ,authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named .,
Borrower Signature
Co-Borrower Signature
Date
Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNT
Ronny R Anderson r
71
Sheriff
°
Jody S Smith
Chief Deputy w
Richard W Stewart
Y-
.
Solicitor F H c_._ eo f,
Deutsche Bank National Trust Company
vs.
Dana L. Keck (et al.)
Case Number
2012-6100
SHERIFF'S RETURN OF SERVICE
10/03/2012 11:40 AM - Deputy Robert Bitner, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure and Notice by handing a true copy to a person representing themselves to be
ANNA FAHNESTOCK, MOTHER-IN LAW, who accepted as "Adult Person in Charge" for Dana L. Keck
at 140 Cedar Street, South Middleton Township, Mount Holly Springs, PA 17065.
?7?)
i_? aL
ROBERT BITNER, DEPUTY
10/03/2012 11:40 AM - Deputy Robert Bitner, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure and Notice by handing a true copy to a person representing themselves to be
ANNA FAHNESTOCK, MOTHER, who accepted as "Adult Person in Charge" for Kimberly L. Keck at 140
Cedar Street, South Middleton Township, Mount Holly Springs, PA 17065.
RO ?TTBB TNE R, DEPU 1 - ?Y
SHERIFF COST: $51.00
October 04, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
c Count'su e Sheriff: I eleosoft. 1-:
F1LE(3-OFFICE
2013 JUN 10 PH 1: 12
ClJMBE'RL AND COUNTY
Pff6SYLVANIA
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg; PA 17101
215-563-7000 Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE FOR J.P. MORGAN MORTGAGE Court of Common Pleas
ACQUISITION TRUST 2007-C.H4, ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES 2007-CH4 Civil Division
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127 Term
Plaintiff No.2012-6100 Civil
Vs
Cumberland County
DANA L:KECK
KIMBERLY L. KECK
140 CEDAR STREET
MOUNT HOLLY SPRINGS,PA 17065-1429
Defendants
MOTION.TO LIFT CONCILIATION STAY
Plaintiff, JPMorgan Chase Bank, National Association, Successor (hereinafter
"Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift
Conciliation Stay and in support thereof avers as follows:
1. On October 1, 2012, Plaintiff filed a Complaint in.Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due March 1, 2012 and each. month thereafter. A true. and correct copy of the
Complaint is attached hereto, made part hereof and marked as Exhibit A.
2. On October 3, 2012, Plaintiff completed service on Defendants of the Complaint
in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage
Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is
302045
attached hereto, made part hereof and marked as Exhibit B.
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint, the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request,the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty(60) days of service.
7. Due to Defendants' failure to opt in to the program, Plaintiff inadvertently
proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program
on January 11, 2013.
8. Defendants received service of the Complaint, had an opportunity to enter the
Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to
take no action whatsoever with respect to this matter.
9. Since Defendants have opted not to participate in the Diversion Program or
litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tune and
the judgment confinned.
302045
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted
nunc pro tunc, and the default judgment entered January 11, 2013 is hereby confirmed.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: BY:
Josep P. cha k, Esquire
Attor y for Plaintiff
302045
Exhibit A
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PHELAN HALLINAN&SCHMIEG,LLP
Robert W. Cusick,Esq.,Id.No.80193
1617 7FK 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 COURT OF COMMON PLEAS
ACQUISITION TRUST 2007-CH4,ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES 2007- CIVIL DIVISION
CH4
10790 RANCHO BERNARDO RD TERM
SAN DIEGO,CA 92127
NO. I'-I!J DO .C
av
Plaintiff
V. CUMBERLAND COUNTY
DANA L. KECK
KIMBERLY L. KECK
140 CEDAR STREET
MOUNT HOLLY SPRINGS, PA 17065-1429
Defendants
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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Filc.N: 302045
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
fallowing 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
i
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,
t
a CUMBERLAND COUNTY,ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR.ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17413
(717)249-3166
1 (800)990-9108
t
a
File 4: 302045
1. 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.
1 On 02/21/2007 DANA L. KECK and KIMBERLY L. KECK made, executed and
delivered a mortgage upon the premises hereinafter described to CHASE BANK, USA
NA which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1987, Page 1047. By Assignment of
Mortgage recorded 08/19/2009 the mortgage was assigned to DEUTSCHE BANK
NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE
ACQUISITION TRUST 2007-CI-I4,ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2007-CH4 which Assignment is recorded in Assignment of
Mortgage Instrument No. 200929182.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 03/01/2012 and each month thereafter are due and unpaid, and by the term' s
File,.N: 302045
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.
6.. The following amounts are due on the mortgage as of 06/15/2012:
Principal Balance $106,433.39
Interest @ adjustable rate $2,777.26
02/01/2012 through 06/15/2012
Late Charges $89.90
Property Inspections $98.00
Appraisal/Brokers Price Opinion $585.00
Escrow Deficit $712.23
TOTAL $110,695.78
7. 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.righti 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.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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.
File a: 302045
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$110,695.78,together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHE. . HALLINAN,:' SCHMIEG : P
f,
By; -
Robert W. CiisaClc; Esquire, Id.No.80193
Attorney for Plaintiff
File#: 302045
LEGAL DESCRIPTION
The land referred to in this policy is situated in the State of PA, County of CUMBERLAND, City
of MOUNT HOLLY SPRINGS and described as follows:
All that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania; bounded and described as follows;:
Beginning at a point at the comer 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 1/4) perches to the place of beginning.
Containing three and one-half(3 1/2)acres more or less.
APN 40-12-0342-042
WITH THE APPURTENANCES THERETO.
APN: 40-12-0342-042
PROPERTY ADDRESS: 140 CEDAR STREET, MOUNT HOLLY SPRINGS, PA 17065-
1429
PARCEL# 40-12-0342-042
Pile#: 302045
Pennsylvania Verification
Brent Robinson , hereby Mates that she is Vice President of
JPMorgan Chase Bank,N.A. as Attorney-Tn•ti;act,for the Plaintiff
in this matter, and is authorized to make this Verification. The statements of fact
contained in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of my information, and belief. I understand that this statement
is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn.
falsification to authorities.
Brent Robinson
Vice President
Date, 09/11/12
JPMorgan Chase Bank, N.A
Borrower: f'e h ,bon c,
Property Address:1440 Qr
count': C�berlc,,�n `{e� Noun} E-IUIt^�,fpng�iPA ! _
Last Four of Loan Number:St4.q'5 5
. .
' FORM I
� ON THE COURT 0F COMMON PLEAS
DEUTSCHE BANK NATIONAL TRUST OF CUMBERLAND COUNTY,PENNSYLVANIA
COMPANY,A8 TRUSTEE FOR lP.K40KG&N �
'
MORTGAGE ACQUISITION TRUST%O87'CR4' �
'
ASSET BACKED PASS-THROUGH �
CERTIFICATES, SERIES 20U7'CB4 �
P!uindOTm) �
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DANA LKGCK
KIMBERLY LKBCK
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Defendant(s) Civil
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DIVERSION PROGRAM
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You have been served with a foreclosure complaint that could cause you to lose your home.
ly you own and live bm the residential property which io the subject uf this foreclosure action,you may bo able tu
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender,
' If you do not have m lawyer,you must take the following steps tobe eligible for m conciliation conference. �
First, within twenty(20)days of your receipt of this notice,you must contact Mid)enn Legal Services uz(7l7)243-A4OO
extension-2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed u|o8o|rop,oumntudvo'you must promptly meet with that legal ropruocitative within
twenty(20)days of the appointnient date.During that meeting,you must provide the legal representative with all
requested financial information uo that u loan resolution proposal can ho prepared no your behalf. lf you and your legal
representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the
service upon you of the foreclosure complaint, lf you d000 and o conciliation conference io scheduled,you will have un
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
kf you are represented byulawyer,you and your lawyer must take the following steps tube eligible for u
conciliation conference. ltio not necessary for you to contact&{|d9*un Legal Service for the appointment ofu /o8u|
representative. However,you must provide your lawyer with all requested Qoun6oU information so that m loan resolution
proposal can be prepared on your behalf If you and your lawyer complete a financial worksheet in the fon-nat attached
hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed
within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is .
scheduled,you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TQSAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
—A�te,
ate
R �usiek.Esq.,
Atiorucy
�
,
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI MARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address(.if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zin:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
INFORMATION FINANCIAL
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Arnount: $ . Included Taxes& Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes❑ No ❑
If yes, provide names, location of court, case number& attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $�
Other: $ $
Automobile#1: Model'. Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation (automobiles,boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross, Monthly Net
2. Monthly:Gross Monthly Net
1 Monthly Gross Monthly Net _
Additional Income Description (not wages):
1: monthly amount:
2. monthly amount:
Borrower Pay Days. Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
F Mort Age Utilities
Car Payment(s)) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other 121-02, payment
Install. Loan Payment Cable TV
Child Support/Alien. Spending Money_
Ida !Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income &Expenses:
Have you been working with a Housing Counseling Agency?
Yes❑ No ❑
If yes, please provide the following information:
Counseling Agency: Counselor:
Phone (Office): Fax: _-_ _
Email:
Have you made application for Homeowners Emergency Mortgage Assistance.Program (HEMAP)
assistance?
Yes ❑ No ❑'
If yes, please indicate the status of the application.
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact(Name):€ Phone:.
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
I/We, _ authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2, fast 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FAX: 215-568-7616
Email: complaints@fedplie.com
August 14, 2012 Representing Lenders in
Pennsylvania and New Jersey
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle,PA 17013
Re: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P.
MORGAN MORTGAGE ACQUISITION TRUST 2007-CH4, ASSET BACKED PASS-
THROUGH CERTIFICATES, SERIES 2007-CH4 vs, DANA L. KECK
ACTION IN MORTGAGE FORECLOSURE
Dear Sir/Madam:
Enclosed are an original and NUMBER copies of a Civil Action in Mortgage
Foreclosure relative to the above captioned matter for filing with your office. A check for filing has
been attached in the amount of$103.75. The sheriffs office advised our office on 08/14/2012
that sheriffs costs total,$COST for this file. If there is a concern regarding the costs, please
contact Alyssa F. McLaughlin at PH&S; please do not retuni the Complaint to our office.
Please file the Complaint and return your receipt to us in the enclosed stamped, self-
addressed envelope,together with a time-stamped copy of the first page of the Complaint.
I would also appreciate your taking the additional copies of the Complaint, the
check for service, and the enclosed service sheet(s)to the Office of the Sheriff for service on the
defendant(s).
Thank you for your cooperation.
Very truly yours,
Phelan Hallinan & Schmieg, LLP
COMPLAINT DEPARTMENT
filc ft: 302045
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FAX: 215-568-7616
Email: complaints@fedphe.com
Representing Lenders in
Pennsylvania and New Jersey
August 14, 2012
OVERTIME VJIJIrIuND SIRVICT MILIIAGE APPROVAL
To: The Sheriffs Department of CUMBERLAND County
Re: Attached Service Request
We recognize that service of mortgage foreclosure complaints is a difficult task as many
defendants attempt to evade service, Please note that we specifically authorize OVERTIME,
WEEKEND SERV103 AND M1:LEA.GE for service. The sheriff s office advised our office on
08%14/2012 that sheriffs costs total $COST for this file. If there is a concern regarding the costs,
please contact Alyssa F. McLaughlin at PH&S; please do not return the Complaint to our office.
Further, we specifically authorize a ten ($10) dollar fax fee for the transmission of the
service return to our office at the service faxline of 215-568-7616. This applies to all cases whether
service has been made or not. We would appreciate this fax transmission within 24 hours of the
service return completion.
Please call Francis S. Hallinan or Dan Schrnieg with any questions or requests you may
have. Thank you for your efforts.
Phelan Hallinan& Schmieg, LLP
COMPLAINT DEPARTMENT
r
File t1: 302045
Exhibit B
SHERIFF'S OFFICE OF CUMBERLAND COUNT.
Ronny R Anderson
Sheriff
IV 'Clunb"',
441A
Jody S Smith
Chief Deputy <
Richard W Stewart
_
Solicitor OFFICE OF THE 3R5RWF r C_ M
Deutsche Bank National Trust Company Case Number
vs, 2012-6100
Dana L. Keck(et al.)
SHERIFF'S RETURN OF SERVICE
10/0312012 11:40 AM-Deputy Robert Bitner, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure and Notice by handing a true copy to a person representing themselves to be
ANNA FAHNESTOCK, MOTHER-IN LAW,who accepted as"Adult Person in Charge"for Dana L. Keck
at 140 Cedar Street, South Middleton Township,Mount Holly Springs, PA 17065.
R BERT BITNER, DEPUTY
10/0312012 11:40 AM-Deputy Robert Bitner, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure and Notice by handing a true copy to a person representing themselves to be
ANNA FAHNESTOCK, MOTHER,who accepted as"Adult Person in Charge"for Kimberly L. Keck at 140
Cedar Street, South Middleton Township, Mount Holly Springs, PA 17065.
RO ERT BITNER, DEPUTY
SHERIFF COST: $51.00 SO ANSWERS,
xoedll
October 04, 2012 RON0;�R ANDERSON, SHERIFF
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
1.26 Locust Street
Harrisburg, PA 17101
215-563-7000
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE FOR J.P. MORGAN MORTGAGE Court of Common Pleas
ACQUISITION TRUST 2007-CH4, ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES 2007-CH4 Civil Division.
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127 Term
Plaintiff
No. 2012-6100 Civil
Vs Cumberland County
DANA L..KECK
KIMBERLY L.KECK
140 CEDAR STREET
MOUNT HOLLY SPRINGS, PA 17065-1429
Defendants
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
DANA L.KECK
KIMBERLY L.KECK
140 CEDAR STREET
MOUNT HOLLY SPRINGS, PA 17065-1429
Date: 431
By:
J ep chalk, Esquire
ttor ey or Plaintiff
302045
1
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE FOR J.P. MORGAN MORTGAGE Court of Common Pleas
ACQUISITION TRUST 2007-CH4, ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES 2007-CH4 Civil Division
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127 Term
Plaintiff No. 2012-6100 Civil
Vs
Cumberland County
DANA L. KECK
KIMBERLY L. KECK
140 CEDAR STREET
MOUNT HOLLY SPRINGS, PA 1 7065-1 429
Defendants
ORDER
AND NOW, this day of 1?404%. , 2013, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the/above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY THE COURT:
J.
P!
1
302045
i
i
CC : Dana L. Keck and Kimberly L. Keck
Joseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91.656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
DANA L. KECK
KIMBERLY L. KECK
140 CEDAR STREET
MOUNT HOLLY SPRINGS, PA 17065-1429
MECHANICSBURG, PA 17055-5137
302045
F LEG-OFFICE
01'. THE PPOTHONOTAR`�°
2013 AUG 13 AM 11: 00
Phelan Hallinan,LLP Attorney For Plaintiff
1617 HK Boulevard,Suite 14010JM9ERLAND COUNTY
One Penn-Center Plaza PE14NSYLVANIA
Philadelphia,PA 19103
215-563-7000
DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas
COMPANY, AS TRUSTEE . FOR J.P.
MORGAN MORTGAGE ACQUISITION Civil Division
TRUST 2007-CH4, ASSET BACKED PASS-
THROUGH CERTIFICATES, SERIES 2007- CUMBERLAND.County
CH4 .
Plaintiff No. 12-6100-CIVIL
vs
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.
X 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.
Please Vacate the Judgment entered.
Date: PHELAN HALLINAN,LLP
By:
Jon an LOW,Esq.,Id.No.312174
Attorney for Plaintiff
PH#795807
HV
C�� �3a-)y 3
Phelan Hallinan,LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza.
Philadelphia,PA 19103
215-563-7000
DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas
COMPANY, AS TRUSTEE FOR J.P. MORGAN
MORTGAGE ACQUISITION TRUST 2007-CH4,
ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2007-CH4
Plaintiff Civil Division
V. CUMBERLAND County
DANA L. KECK No. 12-6100-CIVIL
KIMBERLY L.KECK
Defendant PH#795807
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: ` �f�// PHELAN HALLINAN, LLP
By: a��_
Jon an Lobb,Esq.,Id.No.312174
Attorney for Plaintiff