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HomeMy WebLinkAbout05-0996PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 112558 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. File #: 112558 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/30/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1814, Page: 1933. 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 11/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 312558 6. The following amounts are due on the mortgage: Principal Balance $136,217.31 Interest 3,017.91 10/01/2004 through 02/24/2005 (Per Diem $20.53) Attorney's Fees 1,250.00 Cumulative Late Charges 157.72 05/30/2003 to 02/24/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 141,192.94 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 141,192.94 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of S 141,192.94, together with interest from 02/24/2005 at the rate of $20.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCH IEG, LL By: s/Franci?s Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 112558 ALL that certain tract of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania. bounded and described as follows: BEGINNING at a point at the southeastern side of Holly Estate Drive and Lot No. 22: thence along Lot No. 22, South 45 degrees 24 minutes 06 seconds East, a distance of 283.35 feet to a point at lands now or formerly of John Wolff thence along the latter, North 39 degrees 68 minutes 17 seconds East, a distance of 215.00 feet to a point at Lot No. 24; thence along the latter. North 60 degrees 15 minutes 50 seconds West, a distance of 294.56 feet to a point at the southeastern side of Holly Estates Drive; thence along the letter, by a curve to the left having a radius of 300.00 feet and a chord bearing of South 36 degrees 55 minutes 28 seconds Wont, a distanc* of 140.00 feet, an are distance of 141.30 feet to a paint, the Place of BEGINNING. PREMISES BEING: 43 HOLLY ESTATES DRIVE .1 VERIFICATION CHRISTINA TROWBRIDGE hereby states that he/she is ASSISTANT SECRETARY of CHASE HOME FINANCE LLC SUCCESSOR BY M1 KGhk wiiri C ASE MA' -114-ri 'A 1-1 t% 114' MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. CHRISTINA TROWBRIDGE ASSISTANT SECRETARY DATE: (2 SID \? - ),ryV !v r(l k V X_ 1 ? p. r?V1 M1 _I 1 t C 1 l 1 SHERIFF'S RETURN - REGULAR -CASE NO: 2005-00996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BENKOVIC MELISSA ANNE ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon BENKOVIC MELISSA ANNE AKA MELISSA A SENKOVIC DEFENDANT , at 1648:00 HOURS, on the 2nd day of March at 43 HOLLY ESTATES DRIVE GARDNERS. PA 17324 MATTHEW BENKOVIC, HUSBAND by handing to law, 2005 a true and attested copy of COMPLAINT - MORT FORE togetherlwith and at the same time directing His attention to the contents Sheriff's Costs: So Answers: Docketing 18.009s?cc?r< / Service 5.187/y Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 33.18 03/03/2005 PHELAN HALLINAN/?CFMIEG Sworn and Subscribed to before By: me this -7-- day of AVC-64 Deputy Sheriff i A. D. Prothonotari SHERIFF'S RETURN - REGULAR -CASE NO: 2005-00996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BENKOVIC MELISSA ANNE ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according tcl says, the within COMPLAINT - MORT FORE was served upon BENKOVIC thel DEFENDANT , at 1648:00 HOURS, on the 2nd day of March at 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 by handing to MATTHEW BENKOVIC a true and attested copy of COMPLAINT - MORT FORE together i and at the same time directing His attention to the contents Sheriffs Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 y jseE<? .00 7 10.00 R. Thomas Kline nn 16.00 03/03/2005 PHELAN HALL Sworn and Subscribed to before By: me this '7day of V ^ A.D. Prothonotary ty EG law, 2005 th r.. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-996 CIVIL TERM MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC and MATTHEW BENKOVIC, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/25/05 to 4/11/07 TOTAL $141,192.94 $15,931.28 $157,124.22 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: *(,.& t_L3 aco7 T?? PRO ROTHY - 112558 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MATTHEW BENKOVIC MELISSA BENKOVIC A/K/A MELISSA ANNE BENKOVIC Bk. No. 1-05-bk-02318 MDF Debtors MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Chapter No. 13 .Movant v. 11 U.S.C. §362 MELISSA ANNE BENKOVIC MATTHEW BENKOVIC Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by I 1 U.S.C. 362 is modified with respect to premises, 43 HOLLY ESTATES DRIVE, GARDNERS, PA 17324, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, PIV), Dated: March 14, 2007 ]BRAMP47 Judge This docunient is electronically signed and, led on the same date. PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21 S) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff' Vs. MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC Defendants : CIVIL DIVISION CUMBERLAND COUNTY NO. 05-996 CIVIL TERM TO: MATTHEW BENKOVIC 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 DATE OF NOTICE: MARCH 23,2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 11 PHELAN, HALLMAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MELISSA ANNE BENKOVIC :NO. 05-996 CIVIL TERM A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC Defendants TO: MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 DATE OF NOTICE: MARCH 23, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 rjv Ionia FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff % PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC Defendant(s). CIVIL DIVISION NO. 05-996 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC is over 18 years of age and resides at, 43 HOLLY ESTATES DRIVE, GARDNERS, PA 17324. (c) that defendant MATTHEW BENKOVIC is over 18 years of age, and resides at, 43 HOLLY ESTATES DRIVE, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A4 -1.9 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff c C? r? W C? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-996 CIVIL TERM MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC Defendant(s). DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 0o&tL 1.2 2001. By: I?i""- JA A?s If you have any questions concerning this matter, please contact: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 05-996 CIVIL TERM MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $157,124.22 Interest from 4/11/07 to SEPTEMBER 5, 2007 $3,797.01 (per diem -$25.83) Add'1 Cost $2,973.50 TOTAL $163,894.73 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 112558 p 'Tdt- O O W H H oa dH U od o? v? ?J ca 6C, d O dW ? U pH x? w d a v Vl 1A s W ? w Q. O? w on as W o U a M ? w cab ?, - i ? Y 1 Ls r w 2 per '"?' N M dd as P P r• d U? ?P AA WW H d d a, W W ?? co M d tn ,s u oil , 4) a ti -t ?i LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the southeastern side of Holly Estate Drive and Lot No. 22; thence along Lot No. 22, South 45 degrees 24 minutes 06 seconds East, a distance of 283.35 feet to a point at lands nor or formerly of John Wolf; thence along the latter, North 39 degrees 58 minutes 17 seconds East, a distance of 215.00 feet to a point at Lot No. 24; thence along the latter, North 60 degrees 15 minutes 50 seconds West, a distance of 294.56 feet to a point at the southeastern side of Holly Estates Drive; thence along the latter, by a curve to the left having a radius of 300.00 feet and a chord bearing of South 36 degrees 55 minutes 28 seconds West, a distance of 140.00 feet, an are distance of 141.30 feet to a point, the Place of BEGINNING. CONTAINING 50,044 square feet and being described according to a Plan of Lots entitled Holly Estates, dated July 5, 1977, recorded in Plan Book 33, Page 136 and being designated as Lot No. 23 thereon. HAVING erected thereon a dwelling house known as 43 Holly Estates Drive, Gardners, PA 17324. PARCEL #08-16-0210-111 TITLE TO SAID PREMISES IS VESTED IN Matthew Benkovic and Melissa Anne Benkovic by Deed from James E. Largent, Jr. and Judith C. Largent, dated 5/30/03 and recorded 5/30/03, in Deed Book 257, Page 1585. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-996 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC AND MATTHEW BENKOVIC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $157,124.22 L.L. $.50 Interest FROM 4/11/07 TO 9/5/07 (PER DIEM - $25.83) - $2,973.50 AND COSTS Atty's Comm % Atty Paid $145.18 Plaintiff Paid Due Prothy $2.00 Other Costs ADD'L COST $2,973.50 Date: APRIL 20, 2007 (Seal) REQUESTING PARTY: Curds R. Lon o 0 of By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MATTHEW BENKOVIC MELISSA BENKOVIC AXIA MELISSA ANNE BENKOVIC Bk. No. 1-05-bk-02318 MDF Debtors MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Chapter No. 13 Movant v. 11 U.S.C. §362 MELISSA ANNE BENKOVIC MATTHEW BENKOVIC Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 43 HOLLY ESTATES DRIVE, GARDNERS, PA 17324, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, Dated: March 14, 2007 Bad# Judje (EVV) ?'his, document is electronically signed and filed on the same date. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-996 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff V%a Moo s' a ' co O? Lq MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.05-996 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,43 HOLLY ESTATES DRIVE, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS 1sT FEDERAL 5000 LOUISE DRIVE CREDIT UNION MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 11, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C Am C,3 p ?? CO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC MATTHEW BENKOVIC Defendant(s). CUMBERLAND COUNTY No. 05-996 CIVIL TERM April 11, 2007 TO: MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 MATTHEW BENKOVIC 43 HOLLY ESTATES DRIVE GARDNERS, PA 17324 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 43 HOLLY ESTATES DRIVE, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $157,124.22 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. L You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the southeastern side of Holly Estate Drive and Lot No. 22; thence along Lot No. 22, South 45 degrees 24 minutes 06 seconds East, a distance of 283.35 feet to a point at lands nor or formerly of John Wolf; thence along the latter, North 39 degrees 58 minutes 17 seconds East, a distance of 215.00 feet to a point at Lot No. 24; thence along the latter, North 60 degrees 15 minutes 50 seconds West, a distance of 294.56 feet to a point at the southeastern side of Holly Estates Drive; thence along the latter, by a curve to the left having a radius of 300.00 feet and a chord bearing of South 36 degrees 55 minutes 28 seconds West, a distance of 140.00 feet, an are distance of 141.30 feet to a point, the Place of BEGINNING. CONTAINING 50,044 square feet and being described according to a Plan of Lots entitled Holly Estates, dated July 5, 1977, recorded in Plan Book 33, Page 136 and being designated as Lot No. 23 thereon. HAVING erected thereon a dwelling house known as 43 Holly Estates Drive, Gardners, PA 17324. PARCEL #08-16-0210-111 TITLE TO SAID PREMISES IS VESTED IN Matthew Benkovic and Melissa Anne Benkovic by Deed from James E. Largent, Jr. and Judith C. Largent, dated 5/30/03 and recorded 5/30/03, in Deed Book 257, Page 1585. r-a SAA Vv/40(4V4" 'r 'Rn z001/001 Law Offices PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Christine Schoffler0fedphexom Christine Schoffler Judgment Department, Pxt.1286 Representing Lenders in Pennsylvania and New Jersey April 26, 2007 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JOD'Y' FAX: 717-240-6397 Re: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. MELISSA ANNE BENKOVIC A/K/A MELISSA A. BENKOVIC and MATTHEW BENKOVIC No. 05-996 CIVIL TERM Premises: 43 HOLLY ESTATES DRIVE, GARDNERS, PA 17324 Dear Jody: Please STAY the Sheriffs Sale of the above referenced property, which is scheduled for SEPTEMBER 5, 2007. The sum of $13,183.81 was received in consideration for the stay. Very truly yours, CQS Christine Schoffler For Phelan Hallinan &; Schmieg, LLP # it returned to the Prothon ,. 7 Q7 * I r n 5666 00 `&jj>6S t' retut nad t0 %Oiriey dh* . ieg on 4/27%07 PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Melissa Anne Benkovic, a/k/a Melissa A. Benkovic Matthew Benkovic Defendant(s) PRAECIPE TO THE PROTHONOTARY: : Court of Common Pleas Civil Division : Cumberland County : No. 05-996 C. T. Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 5 6_7 Francis S. Ha inan, Esquire Attorney for Plaintiff PHS# 112558 O' ? d (S1 ? T a C Rip t C "Cf