HomeMy WebLinkAbout12-0984MARTHA E. VON ROSENSTIEL, P.C. ' ' r;i: 29437CFC-DD
Martha E. Von Rosenstiel, Esquire / No. 52634 `' PR 0 f> j J 1Q ?- y
Jacqueline F. McNally, Esquire / No. 201332
649 South Avenue, Suite 7 FE' 2D
Secane, PA 19018 "ULCOUrTY
(610) 328-2887 ; ?E; N! '
VAN f A
Attorneys for Plaintiff
FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF
ASSOCIATION BY ITS AGENT THE CUMBERLAND COUNTY
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION
PO Box 67013
Harrisburg, PA 17106-7013
V. PLAINTIFF NO. r? Y bi-I
-1 Q
JOHN BENNER
13 West Lisburn Road
Mechanicsburg, PA 17055
DEFENDANT
CIVIL ACTION - MORTGAGE FORECLOSURE
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
Le han demandado a usted en la torte. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notification. Hace falta a sentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea a visado que si usted no se defiende, la corte toma ra medidas y
puede continuar la demanda en contra suya sin previo aviso o
notification. Ademas, la corte puede decidir a favor del demandante
y requiere que usted cumpla con todas las provisiones de esta
demanda. Usted puede perder dinero o sus propiedades o otros de
rechos importantes para usted.
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
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN
PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO.
ESTA OFICINA LE PUEDE PROVEER INFORMACION
SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED
NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A
UN ABOGADO, LE PODEMOS DAR INFORMACION
SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A
PERSONAS ELEGIBLE PARA SERVICIOS A COSTO
REDUCIDO O GRATUITO
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
C k-? 'Sa38rt J
CtIc
THIS IS AN ATTEMPT TO COLLECT A DEBT
ANY INFORMATION OBTAINED MAY BE
USED FOR THAT PURPOSE
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692,
et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF
WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID.
LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE
THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION
WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME.
FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE
DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS
COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE
REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT
AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
MARTHA E. VON ROSENSTIEL, P.C.
Martha E. Von Rosenstiel, Esquire / No. 52634
Jacqueline F. McNally, Esquire /No. 201332
649 South Avenue, Suite 7
29437CFC-DD
Secane, PA 19018
(610) 328-2887
Attorneys for Plaintiff
FEDERAL NATIONAL MORTGAGE
ASSOCIATION BY ITS AGENT THE
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION
PO Box 67013
Harrisburg, PA 17106-7013
PLAINTIFF
V.
JOHN BENNER
13 West Lisburn Road
Mechanicsburg, PA 17055
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.
DEFENDANT
CIVIL ACTION - MORTGAGE FORECLOSURE
THIS IS AN ATTEMPT TO COLLECT A DEBT
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
1. Plaintiff is Federal National Mortgage Association by its Agent The Pennsylvania
State Employees Credit Union, a corporation organized and existing under state law, with offices
for the conduct of business at PO Box 67013, Harrisburg, PA 17106-7013.
2. Defendant, John Benner is the mortgagor and real owner of premises 61 Southpoint
Drive, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in
the caption.
3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor, and
real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the
above named defendant, mortgagor, and real owner to Pennsylvania State Employess Credit
Union on April 16, 2009, which mortgage is recorded on April 28, 2009 in the Office of the
Recorder of Deeds of Cumberland County as Instrument ID# 200913408, secured on premises
61 Southpoint Drive, Mechanicsburg, PA 17055 a true and correct description of which is
attached hereto as Exhibit I.
4. The mortgage has been assigned to Plaintiff herein by written assignment, a copy of
which is attached hereto as Exhibit II.
5. Plaintiff alleges each and every term, condition and covenant in the aforesaid
mortgage, and hereby incorporates them herein by reference thereto.
6. The aforesaid mortgage is in default in that monthly installments of principal and
interest have not been made in conformity with the terms of the mortgage, from May 2011 and
each month thereafter, up to and including the present time.
7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the
mortgage documents, the entire principal balance and all interest due thereon are collectible
forthwith.
8. The following is an itemized statement of the amount due plaintiff under the terms of
the aforesaid mortgage:
Principal Balance
Interest from 4/1/2011 to 2/8/2012
at $11.31 per diem
Accrued late charges to 2/8/2012
Accrued Escrow deficit to 2/8/2012
Attorney's Fee
Satisfaction fee
Total
75,057.84
$ 3,519.37
$ 197.01
$ 578.26
$ 1,450.00
$ 50.50
$ 80,852.98
9. Plaintiff sent to defendant, mortgagor, and real owner a combined Notice and Warning
of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of
1983 advising of rights available under the statutes. To date payments have not been received
and Act 91 as amended by Act 160 of 1998 assistance has not been granted, although the
applicable time periods provided by statute have expired (Exhibit III).
WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged
premises in the amount of $80,852.98, plus per diem interest at $11.31 from February 9, 2012 to
the date of judgment plus costs thereon.
Respectfully Submitted,
MARTHA E. VON ROSENSTIEL, P.C.
BY:
r E. Von Rosenstiel, Es ire
JaacqqZu'eline F. McNally, Esqu' e
Attorneys for Plaintiff
VERIFICATION
hereby states that he/she is the
C ` ?" rv,,a ,,A =,1 of The Pennsylvania State Employees Credit Union,
Servicing Agent for Federal National Mortgage Association, plaintiff herein; that he/she is duly
authorized to make this Verification on behalf of Federal National Mortgage Association by its
Agent The Pennsylvania State Employees Credit Union and verifies that the statements made in
the foregoing Complaint in Federal National Mortgage Association by its Agent The
Pennsylvania State Employees Credit Union v. John Benner relating to the property located at 61
Southpoint Drive, Mechanicsburg, PA 17055 are true and correct to the best of his/her
information and belief. The undersigned understands that the statements therein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
BY:
Title:
The Pennsylvania State Employees Credit Union
as servicer for Federal National Mortgage
Association
Dated:
LEGAL DESCRIPTION
THAT CERTAIN condominium dwelling unit situated in SOUTHPOINT CONDOMINIUM in
the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania,
BEING designated and known as Unit No. 25 in the Declaration of Condominium and
Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Miscellaneous Record Book Volume 310, Page
855, as required and in accordance with the provisions of the Pennsylvania Condominium Act of
July 2, 1980 (68 P. S. 3101 et seq.).
TOGETHER with all right, title and interest in and to the Common elements as more fully set
forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time
to time.
UNDER AND SUBJECT, NEVERTHELESS, to all agreements, conditions, easements and
restrictions of prior record and to the provisions, easements, covenants and restrictions as
contained in the Declaration of Condominium and Declaration Plans and any amendments
thereto.
The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives,
successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges
for the maintenance of, repairs to, replacement of and expenses in connection with the Common
elements as may be assessed from time to time by the Executive Board in accordance with the
Uniform Condominium Act of Pennsylvania; and further covenants and agrees that the Unit
conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except
insofar as Section 3315 of the said Uniform Condominium Act, may relieve a subsequent Unit
owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or
Unit hereby conveyed and all subsequent owners thereof.
The Grantee, for and on behalf of the Grantee, and the Grantee's heirs and assigns, by acceptance
of this Deed, acknowledges that this conveyance is subject in every respect to the Declaration,
the Declaration Plans and all amendments thereto; and the Grantee further acknowledges that
each and every provision of the foregoing is essential to the best interest and for the benefit of all
Unit owners therein. Grantee and all owners of Units in said Condominium covenant and agree,
as a covenant running with the land, to abide by each and every provision of said documents.
BEING THE SAME PREMISES which Alice F. Page, widow, by deed dated April 19, 2000 and
recorded April 24, 2000 in the Recorder's Office in and for Cumberland County, Pennsylvania,
in Deed Book 219, Page 721, granted and conveyed unto Ronald E. Frye, as Grantee.
PARCEL IDENTIFICATION NO: 42-25-0030-033.-42561-2
?rr?
- .b?
When recorded Mail To:
Pennsylvania State Employees Credit Union
One Credit Union Place
Harrisburg, PA 171 10
Document Prepared By:
Jill Weaver
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSIGNMENT OF REAL ESTATE MORTGAGE
FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to FEDERAL NATIONAL.
MORTGAGE ASSOCIATION all rights, title and interest of undersigned in and to that certain Real Estate
mortgage dated April 16, 2009 , executed by John Benner, , , to Pennsylvania State Ern) yees Credit
Union, and whose address is One Credit Union Place, Harrisburg, PA 17110, recorded on X. and recorded in
Book,'Volume No. . page(s) , as Document No. , Cumberland County Records State of PA on real r(`,
estate legally described as follows- ?t J )1/,7?;:!?1 L/;;*f 0
estate
61 Southpoint Drive, Mechanicsburg, PA 17055
TOGETHER with the note or notes therein described or referred to, the money due and to become due
thereon with interest, and all rights accrued or to accrue under said Real Estate Mortgage.
BY SIGNING BELOW, Lender accepts and agrees to the terms and covenants of this assignment of Real
Estate Mortgage.
DATED: May 01, 2009 BY: PENNSYLVANIA STATE EMPLOYEES CREDIT UNION
Heidi M. Stanalonis
Real Estate Director
Witness:
Witness:
STATE OPENNSYLVAh',Fs1A, DAUPHIN County:
On May 01, 2009 before me, the undersigned, a Notary Public in and for the said County and State,
personally appeared Heidi M. Stanalonis and to me personally known, who being sworn by me, did say that
she/he is the Real Estate Director, of the corporation named herein which executed the within instrument,
that the seal affixed to said instrument is the corporate seal of said corporation, that said instrument was
signed and sealed on behalf of said corporation pursuant to its by-laws or a resolution of its Board of
Directors and that she,!he acknowledges said instrument to be the free act and deed of said corporation.
c
Nota y Name: Lots S. Sarg Tit
(Official Seal) My commission Expires:,
r^ OMNjo,j MTH OF PENNSYLVANIA
Notarial Seat
Lois S. Sargeant, Notary Public
City Of Harrisburg, Dauphin County
1 My emission Fires Sept. 29, 2[149
Merntiw p9nnsVivania :association of Notaries
49206
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 STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3)
days for mailing). During that time you must arrange and attend a "face-to-face" meeting with
one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of designated consumer credit counseling agencies for the county in which the property is
located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default). You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice. Only consumer credit counseling
agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from
filing a foreclosure action, your application MUST be forwarded to PHFA and received within
thirty (30) days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF
THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A
Pennsylvania State Employees Credit Union
P .O. Box 67013, Harrisburg, PA 17106-7013 - 717.234.8484 - 800.237.7328 - >> psecu.com
2459591 '
TH S CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMI1,105TRAMN. EQUAL OPPORTUN11TY LENDER.
PS SURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION
CALLED "TEMPORARY STAY OF FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT
ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE
IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
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:
61 SOUTHPOINT DR MECHANICSBURG, PA 17055-4269
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
DUE FOR May thru July 2011-. Principal = $ 282 55 Interest = $ 1 030.76 Escrow = $ 393.17
Late Fees_:- $ 65.67
Other charges =
TOTAL AMOUNT PAST DUE = $ 1,772.15:
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS $ 1,772.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made payable and sent to:
Pennsylvania State Employees Credit Union (PSECU)
PO Box 67013
Harrisburq PA 17106-7013
Pennsylvania State Employees Credit Union
P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.234.8484 • 800.237.7328 • >> psecu.com
24595t1d-1
THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADI'AHNISTRATION. EQUAL OPPORTUNITY EidCER_
r
l
y
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter:
Make a payment of the total past due amount of 1,772.15 to re-instate your loan.
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure
the delinquency before the lender begins legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up to $50.00, However, if legal
proceedings are started against you, you will have to pay all reasonable Attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the
default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees,
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such
a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months
from the date of this Notice. A notice of the actual date of the Sheriffs 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: Pennsylvania State Employees Credit Union (PSECU
Address: P O Box 67013
Harrisburg, PA 17106-7013
Phone Number: 800-237-7328 X3120
Fax Number: 717-772-2273
Contact Person: Roxann Myers
E-Mail Address: rmyersa-psecu.com
Pennsylvania State Employees Credit Union
P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.234.8484 - 800.237.7328 • >> psecu.com
THIS CREDIT UNION IS FEDERALLY INSURED BY TFE NATIONAL CREDIT UNION ADhiiidlSTRAT'ON. EQUAL OPPORTUNITY LENDER.
PSE(
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the 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 XX may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
* TO HAVE THIS 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.
Si cerely (\\}(y /g
ja'l
Roxann Myers
Account Advisor
Pennsylvania State Employees Credit Union
P.O. Box 67013, Harrisburg, PA 17106.7013 • 717.234.8484 - 800.237.7328 • >> psecu.com
2459.31 '
THIS :REDIT UNION 1S FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION, EQUAL OPPORTUNITY LENDER.
P SE Co
HEMAP Consumer Credit Counseling Agencies
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND County
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
Pennsylvania State Employees Credit Union
P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.234.8484 • 800.237.7328 - >> psecu.com
24595Q I-7
THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER,
f
JOHN BENNER
MATTHEW J BENNER, POA
13 W LISBURN RD
MECHANICSBURG, PA 17055-5838
JULY X27, 2011
' L
. ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This Notice explains how the program works. To see if
HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet
with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any questions, you may call
the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a
lawyer.
LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO 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.
HOMEOWNER'S NAME
ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT L ENDER/SERVICER:
JOHN BENNER
61 SOUTHPOINT DR
MECHANICSBURG. PA 17055
L49206,-?,
PSECU
PSECU
Pennsylvania State Employees Credit Union
P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.234.8484 - 800.237.7328 - >> psecu.com
2459:9i.i
THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER,
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 STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3)
days for mailing). During that time you must arrange and attend a "face-to-face" meeting with
one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MOR T GAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of designated consumer credit counseling agencies for the county in which the property is
located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default). You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice. Only consumer credit counseling
agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from
filing a foreclosure action, your application MUST be forwarded to PHFA and received within
thirty (30) days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF
THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A
Pennsylvania State Employees Credit Union
R0. Box 67013, Harrisburg, PA 17106-7013 • 717.234.8484 • 800.237.7328 • >> psecu.com
2459591-'
THIS CREDIT UNION 15 FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER.
I PS (0SURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION
CALLED "TEMPORARY STAY OF FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT
ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE
IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
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:
61 SOUTHPOiNT DR, MECHANICSBURG, PA 17055-4269
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
DUE FOR May thru July 2011 - Principal = $282.55, Interest = $ 1 030.76 Escrow = $ 393.17
Late Fees = $ 65.67
Other charges =
TOTAL AMOUNT PAST DUE $ 1,772.15:
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS $ 1,772.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made payable and sent to:
Pennsylvania State Employees Credit Union (PSECU)
PO Box 67013
Harrisburg, PA 17106-7013
Pennsylvania State Employees Credit Union
P.O. Box 67013, Harrisburg, PA 17106.7013 • 717.234.8484 • 800.237.7328 • >> psecu.com
PHIS CREDIT U'410N IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADIMINISTRATION. EQUAL OPPORTUNITY LENDER,
PSEC?k
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter:
Make a navment of the total past due amount of _$_1,77215 t_ore-instate your loan.
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lase the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure
the delinquency before the lender begins legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable Attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the
default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such
a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months
from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you
before the sate. 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: Pennsylvania State Employees Credit Union (PSECU
Address: P O Box 67013
Harrisburg, PA 17106-7013
Phone Number: 800-237-7328 X3120
Fax Number: 717-772-2273
Contact Person: Roxann Myers
F-Mail Address: rmyers(D_Psecu.com
Pennsylvania State Employees Credit Union
P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.234.8484 • 800.237.7328 • >> psecu.com
24595W-1
THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADNIIINISTRATION. EQUAL OPPORTUNITY LENDER.
PSEC?
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the 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 XX may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
* TO HAVE THIS 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.
S' cerely ?1n
Roxann Myers
Account Advisor
Pennsylvania State Employees Credit Union
P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.234,8484 • 800.237.7328 • > > psecu.com
THIS CREDIT UNION IS FEDERALLY INSURED BYTHE NATIONAL CREDIT UNION ADMINISTRATION'. EQUAL OPPORTUNITY LENDER.
PSECO
HEMAP Consumer Credit Counseling Agencies
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND County
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCC5 of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
Pennsylvania State Employees Credit Union
P.0. Box 67013, Harrisburg, PA 17106-7013 • 717.234.8484 - 800.237.7328 • >> psecu.com
2t595Q 1.1
THIS CREDIT UNION 15 FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADM! NISTRATION. EQUAL OPPORTUNITY LENDER.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
????,tr of ratan&r11,??,?
OFF C F G THE =-EPI F=
I LIE PROTHO`A
2012 MAR 20 AEI 10: 46
U pE1?l?SY yLYaNA?
Federal National Mortgage Association
Case Number
vs. 2012-984
John Benner
SHERIFF'S RETURN OF SERVICE
03/07/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: John Benner, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant John Benner. Request for service at 61 Southpoint Drive, Mechanicsburg, Pennsylvania 17055
is vacant.
03/14/2012 10:35 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March
14, 2012 at 1035 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: John Benner, by making known unto Mary Bretz, Daughter of Defendant
at 234 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at
the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $79.00
March 16, 2012
TIM IfLACK, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
tc) %,ountySU40 Shertf, Te eosott wc..
29437- CPG -DN (correct)
MARTHA E. VON ROSENSTIEL, P.C. „ ._
Martha E. Von Rosenstiel, Esquire / No. 52634
Jacqueline F. McNally, Esquire /No. 201332 21` 2 AP 2 3 PH 1: `f ?
649 South Avenue, Suite 7
Secane, PA 19018 MIMIBERC AND COIF` t -"'/
(610) 328-2887 PENNSYLVANIA
Attorneys for Plaintiff
FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS
ASSOCIATION BY ITS AGENT THE Cumberland COUNTY
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION
Plaintiff : No: 2012-984
VS.
JOHN BENNER
Defendants
PRAECIPE TO CORRECT
TO THE PROTHONOTARY:
Kindly mark the record to reflect that the property address is 61 Southpoint
Drive, Unit 25, Mechanicsburg, PA 17055. It was incorrectly listed as 61 Southpoint
Drive, Mechanicsburg, PA 17055 due to clerical error.
Respectfully Submitted,
MARTHA E. VON ROSENSTIEL, P.C.
BY:
a E. Von Rosenstiel, E uire
acqueline F. McNally, Esquire
Attorneys for Plaintiff
Dated: April 19, 2012
#29437CFJ-DN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
r.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION BY ITS AGENT THE
PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION
Plaintiff
V.
JOHN BENNER
Defendant(s)
?w
-.^"S.. ? "'+.7 rye
2012-984
NO
.
PRAECIPE FOR DEFAULT JUDGMENT
To the Prothonotary:
(XX) Enter judgment in favor of Plaintiff and against: John Benner for want of an answer.
(X) Assess Damages as Follows
Debt
Interest from 2/9/12 to 4/20/12
At $11.31 per diem
Total
$ 80,852.98
$ 814.32
$ 81,667.30
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this
Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his
attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing
of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1
Respectfully Submitted,
MARTHA E. VON ROSENSTIEL, P.C
Ja B
Y:
h E. Von Rosenstiel, Esq ire
cqueline F. McNally, Esquire
ttorneys for Plaintiff
GOV gl14.sop3 Qty
6 wS1336
T4 Thisd? day of I't wi ? , 2012 judgment is entered in favor of the Plaintiff and against
Defendant(s), John Benner by default for want of a swe d d es assessed he sum of
$81,667.30 as per the above certification.
Prothonotary, Cumberland ounty
MARTHA E. VON ROSENSTIEL, P.C.
MaAha E. Von Rosenstiel, Esquire / No. 52634
Jacqueline F. McNally, Esquire / No. 201332
649 South Avenue, Suite 7
Secane, PA 19018
(610)328-2887
Attorneys for Plaintiff
FEDERAL NATIONAL MORTGAGE
ASSOCIATION BY ITS AGENT THE
PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION
PO Box 67013
Harrisburg, PA 17106-7013
PLAINTIFF
V.
JOHN BENNER
13 West Lisburn Road
Mechanicsburg, PA 17055
DEFENDANT
TO:
John Benner
13 West Lisburn Road
Mechanicsburg, PA 17055
#29437CTD - DD
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Case No: 2012-984
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 COURTYOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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, 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 BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
Respectfully Submitted,
MARTHA E. VON ROSENSTIf L, P.C.
BY
Martha E. Von Rosenstiel, Esquire
Jacqueline F. McNally, Esquire
Attorneys for Plaintiff
Dated: April 4, 2012
MA;THA I E. VON ROSENSTIEL, P.C. #29437CTD - DD
Martha E. Von Rosenstiel, Esquire / No. 52634
Jacqueline F. McNally, Esquire /No. 201332
649 South Avenue, Suite 7
Secane, PA 19018
(610) 328-2887
Attorneys for Plaintiff
FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS
ASSOCIATION BY ITS AGENT THE CUMBERLAND COUNTY
PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION
PO Box 67013
Harrisburg, PA 17106-7013
PLAINTIFF
V. Case No: 2012-984
JOHN BENNER
13 West Lisburn Road
Mechanicsburg, PA 17055
DEFENDANT
TO:
John Benner
234 W. Simpson Street
Mechanicsburg, PA 17055
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 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, 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 BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
Respectfully Submitted,
MARTHA E. VON ROSENSTIVL, P.C.
BY.
Martha E. Von Rosenstiel, Esquire
Jacqueline F. McNally, Esquire
Attorneys for Plaintiff
Dated: April 4, 2012
MARTHA E. VON ROSENSTIEL, P.C.
Manrha E. Von Rosenstiel, Esquire / No. 52634
Jacqueline F. McNally, Esquire / No. 201332
649 South Avenue, Suite 7
Secane, PA 19018
(610) 328-2887
Attorneys for Plaintiff
FEDERAL NATIONAL MORTGAGE
ASSOCIATION BY ITS AGENT THE
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION
PO Box 67013
Harrisburg, PA 17106-7013
V.
JOHN BENNER
13 West Lisburn Road
Mechanicsburg, PA 17055
PLAINTIFF
DEFENDANT
TO:
John Benner
61 Southpoint Drive
Mechanicsburg, PA 17055
#29437CTD - DD
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Case No: 2012-984
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 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, 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 BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
Respectfully Submitted,
Dated: April 4, 2012
MARTHA E. VON ROSENSTIFL, P.C.
Martha E. Von Rosenstiel, Esquire
Jacqueline F. McNally, Esquire
Attorneys for Plaintiff
MARTHA E. VON ROSENSTIEL, P.C.
Martha E. Von Rosenstiel, Esquire / No. 52634
Jacqueline F. McNally, Esquire / No. 201332
649 South Avenue, Suite 7
Secane, PA 19018
(610) 328-2887
Attorneys for Plaintiff
FEDERAL NATIONAL MORTGAGE
ASSOCIATION BY ITS AGENT THE
PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION
Plaintiff
vs.
JOHN BENNER
Defendant(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 2012-984
(? NON MILITARY AFFIDAVIT
jaC -. MON*
, Esquire hereby certifies that:
1. I am the attorney for the plaintiff herein.
#29437CFJ-DN
2. The individual involved in this action is the owner of the premises described in the mortgage underlying
this action.
3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts
concerning the military status of the mortgagor(s) and/or real owner(s).
4. Said procedures were followed in connection with the instant foreclosure proceeding.
5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the
military.
On information and belief, named mortgagor(s) and real owner(s) is/are not incompetent nor a service
member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section
501 et seq.
This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
Respectfully Submitted,
MARTHA E. VON ROSENSTIEL, P.C.
BY- &
a E. Von Rosenstiel, s re
Jacqueline F. McNally, Esquir
Attorneys for Plaintiff
Dated: April 20, 2012
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Court House, 1 Courthouse Square, Carlisle, PA 17013
John Benner
13 West Lisburn Road
Mechanicsburg, PA17055
David D. Buell, Prothonotary
FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS
ASSOCIATION BY ITS AGENT THE CUMBERLAND COUNTY
PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION
PLAINTIFF
NO: 2012-984
VS.
JOHN BENNER
DEFENDANT(S)
Notice
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been
entered against you in the above proceeding as indicated below in the amount of $81,667.30 on April 20, 2012.
Prothonotary
?X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Court Findings
If you have any questions concerning this notice, please call: Attorney
; Esquire at this telephone number: 610-328-2887.
jZx%0%jWrWM VW,
N
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Court House, 1 Courthouse Square, Carlisle, PA 17013
John Benner
61 Southpoint Drive, Unit 25
Mechanicsburg, PA 17055
FEDERAL NATIONAL MORTGAGE
ASSOCIATION BY ITS AGENT THE
PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION
PLAINTIFF
VS.
JOHN BENNER
DEFENDANT(S)
David D. BuellProthonotary
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 2012-984
Notice
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been
entered against you in the above proceeding as indicated below in the amount of $81,667.30 on April 20, 2012.
Prothonotary
X? Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Court Findings
If you have any questions concernin this notice, please call:
Attorney Esquire at this telephone number: 610-328-2887.
3jl,- 7-
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Court House, 1 Courthouse Square, Carlisle, PA 17013
John Benner
234 W. Simpson Street
Mechanicsburg, PA 17055
FEDERAL NATIONAL MORTGAGE
ASSOCIATION BY ITS AGENT THE
PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION
PLAINTIFF
VS.
JOHN BENNER
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 2012-984
Notice
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been
entered against you in the above proceeding as indicated below in the amount of $81,667.30 on April 20, 2012.
Prothonotary
?X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Court Findings
if you h !j stio c n e nin this notice, please call: Attorney
Esquire at this telephone number: 610-328-2887.
David D. Buell, Prothonotary
OFFICE OF THCOMMON PLEAS RY l3
COURT OF e, Carlisle, PA 170
Court House, I Courthouse Squar
David D. BuellProthonotary
John Bennoint Drive, Unit 25
61 Southp
Mechanicsburg, PA 17055
FEDERAL NATIONAL MORTGAGE
ASSOCIATION BY ITS AGENT THE
pBNNSYLVANIA STATE EMPLOYEES CREDIT
iJNION PLAINTIFF
VS.
JOHN BENNER DEFENDANT(S)
COURT PLEAS
COUNTY
NO: 2012-984
Notice
that a Judgment has been
you are hereby no
lvania, y rit 20, 2012•
reme Court of Pennsy
Pursuant to Rule 236 of the Sup above roceeding as indicated below in the prothono agy667.30 on p
entered against you in the P
0 Judgment by Default
0
13 Money Judgment
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Prothonotary
1 Courthouse Square
Cumberland County Courthouse
Carlisle, PA 17013-3387
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is-q84
John Benner
61 Southpoint Drive, Unit 25
Mechanicsb' u r -x
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