Preview
FILED: 01/06/2012 02:40 PM
£#:103018
RETURN OF SERVICE
IN THE CIRCUIT COURT OF CHARLOTTE COUNTY, FLORIDA
PLAINTIFF ANI IK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRY WIDE HOME LOANS
SERVICING etseq.
Vs.
DEFENDANT MELISSA C. BENNETT, ET AL,
DEFENDANTTO BE SERVED: UNKNOWN TENANT #1
CASE NO 08-2011-CA-003711 TYPE OF PROCESS (x) SUMMONS & COMPLAINT (x) LIS PENDENS
DIVISION _ (x) OTHER NOTICE FROM THE COURT REGARDING LAWSUITS TO
FORECLOSE MORTGAGES ON HOMES & FORM A & VERIFICATION
_—
Received this process on the 12/13/2011 at 10:00 AM.
1 (served (x) not served the within named defendant.
DATE/TIME: 12/14/2011 9:40:00 PM. _ ADDRESS WHERE SERVED 15085 ALSASK CIR-
(OR ATTEMPTED) PORT CHARLOTTE, FL 33981
(x) NON-SERVICE: By retum the same on 12/14/2011 9:40:00 PM for the reason that after due and diligent search the within name could not be located after visiting the above
listed address.
() Military Status: (Refused ()No () Yes Branch:
(.) Marital Status: () Refused () Not married ( ) Married ) Married, but separated
(x) Mobile Home () Yes/VIN Not Visible (x) No () Yes Vin:
COMMENTS:
OWNER OCCUPIED / NO TENANTS
Thereby certify that I am over the age of 18, J am not a party to this action and have no interest in the process being served, and I am a Certified Process Server or Special Process
Server in goodSanding in the judicial circuit/county in which the process was served, and/or am otherwise duly authorized to have served process in the jurisdiction where
Process was si
"Under pen tec that 1 ead forego document and ths stated in true." FS. 92.52
WOU
Notary Not Required Pursuant to FS 92.525
Thomas Goins
Certified Process Server #: 157138
County CHARLOTTE
FILED: 01/06/2012 02:40 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA, IN AND FOR CHARLOTTE COUNTY
CIVIL DIVISION
BANK OF AMERICA, N. A. AS SUCCESSOR BY MERGER
TO BAC HOME LOANS SERVICING, LP F/K/A
COUNTRYWIDE HOME LOANS SERVICING, LP
Plaintiff,
VS.
CASE NO. 11°837110q
MELISSA C. BENNETT; UNKNOWN SPOUSE OF
MELISSA C. BENNETT; LEROY W. BENNETT;
UNKNOWN SPOUSE OF LEROY W. BENNETT; IF
LIVING, INCLUDING ANY UNKNOWN SPOUSE OF
SAID DEFENDANT(S), IF REMARRIED, AND IF
DECEASED, THE RESPECTIVE UNKNOWN HEIRS,
DEVISEES, GRANTEES, ASSIGNEES, CREDITORS,
LIENORS, AND TRUSTEES, AND ALL OTHER PERSONS
CLAIMING BY, THROUGH, UNDER OR AGAINST THE
NAMED DEFENDANT(S); SOUTH GULF COVE
HOMEOWNERS ASSOCIATION, INC. ; WHETHER
DISSOLVED OR PRESENTLY EXISTING, TOGETHER
WITH ANY GRANTEES, ASSIGNEES, CREDITORS,
Guaaate:
LIENORS, OR TRUSTEES OF SAID DEFENDANT(S)
AND ALL OTHER PERSONS CLAIMING BY,
THROUGH, UNDER, OR AGAINST DEFENDANT(S);
UNKNOWN TENANT #1, UNKNOWN TENANT #2;
Defendant(s)
TO: UNKNOWN TENANT #1
15085 ALSASK CIR
PORT CHARLOTTE, FL 33981
103018
FILED: 01/06/2012 02:40 PM
THE STATE OF FLORIDA
TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and
a copy of the Complaint or Petition in this lawsuit on the above-named Defendant(s).
SUMMONS
PERSONAL SERVICE ON A NATURAL PERSON
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after this summons is
served on you to file a written response to the attached Complaint in this Court. A
phone call will not protect you; your written response, including the above case number
and named parties, must be filed if you want the Court to hear your case. If you do not
file your response on time, you may lose the case, and your wages, money, and property
may thereafter be taken without further warning from the Court. There are other legal
requirements. You may want to call an attorney right away. If you do not know an
attorney, you may call an attorney referral service or a legal aid office (listed in the
phone book).
If you choose to file a written response yourself, at the same time you file your written
response to the Court, you must also mail or take a carbon copy or photocopy of your
written response to the “PLAINTIFF/PLAINTIFF’S ATTORNEY” named below.
ATTORNEY FOR PLAINTIFF
DANIEL C. CONSUEGRA
9204 KING PALM DRIVE
TAMPA, FL 33619-1328
Witness my hand and seal of this Court on the / day of “Dew
2011.
SOUR
Clerk of the Circuit Court CHARLOTTE
a ‘OUNTY
STATE
xe FLORID i
CER RAT SCO
Depu ‘lerk
103018
FILED: 01/06/2012 02:40 PM
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact the
Administrative Services Manager whose office is located at 350 E.
Marion Avenue, Punta Gorda, Florida 33950, and whose telephone
number is (941) 637-2281, at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than 7 days; if you are hearing
or voice impaired, call 711.
103018
FILED: 01/06/2012 02:40 PM
PERSONAL SERVICE ON AN INDIVIDUAL
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after this summons is served on
you to file a written response to the attached Complaint in this Court. A phone call will not
protect you; your written response, including the case number and named parties, must be filed
on time; you may lose the case, and your wages, money, and property may thereafter be taken
without further warning from the Court. There are other legal requirements. You may want to
cal] an attorney right away. If you do not know an attorney, you may call an attorney referral
service or a legal aid office (listed in the phone book). If you choose to file a written response
yourself, at the same time you file your response to the Court, you must also mail or take a copy
or photocopy of your response to the “Plaintiff's Attorney” named below.
IMPORTANTE
Usted ha sido demando legalmente. Tiene 20 dias, contados a partir del recibo de esta
notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una
lamada teleforiica no lo protegera; si usted desea queel tribunal considere su defensa, debe
presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las pares,
interesadas a dicho caso. Si usted no contestala demanda a tiempo, pudiese perder el caso y
podria ser depspojado de sus derechos, sin preio aviso del tribunal. Existen otros requisitos
legales. Si lo desea, puede usted consultar a un abogado immediatamente. Si no concoce a un
abogado, puede Hamar a una de las oficinas de asistencia legal que aparencen en la guia
telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su
respuesta ante el tribunal, debera, usted enviar por correo entregar una copia de su respuesta a la
persona denominada abajo como “Plaintiff's Attorney” (Demandate o Abogado del
Demanadamente).
IMPORTANT
Des poursuites Judiciares ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir
de la date assignation de cette citation pour deposer une response ecrite a Ja plainte cijointe
aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger; vous
estes oblige de deposer votre response ecrite, avec mention du numero du dossier-dessus et du
nomdes parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne
deposez pas votre response ecrite dans ce relai requis, vous risquez de perdre Ja cause ainsi que
cotresalaire, votre agent, et vos biens peuvent etre saisis par les obligations juridiques et vous
pouvez requerir les services immediats d’un avocat. Si vous ne connaissez pas d’avocat
telephoner a un service de reference d’avocats ou a un bureau d’assistance juridique (figurant a
Vannuaire de telephones). Si vous choisissez de deposer vos-memeune response ecrite, il
parvient ou expedier une copie au carbone ou one photocopie de otre response ecrite au "
Plaintiff's Attorney” (Plaignant ou a son avocat) nomme ci dessous.
Daniel C. Consuegra, Esquire
Attorney for Plaintiff
9204 King Palm Drive
Tampa, FL. 33619-1328
103018
FILED: 01/06/2012 02:40 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
A NOTICE FROM THE COURT REGARDING LAWSUITS TO FORECLOSE
MORTGAGES ON HOMES
If you are being sued to foreclose the mortgage on your primary home and your home has a
homestead exemption and if you are the person who borrowed the money for the mortgage, you
have a right to go to “mediation.” At “mediation,” you will meet with a Florida Supreme Court
certified mediator appointed by the court and also a representative of the company asking to
foreclosure your mortgage to see if you and the company suing you can work out an agreement
to stop the foreclosure. The mediator will not be allowed to give you legal advice or to give
you an opinion about the lawsuit. The mediator’s job is to remain neutral and not take sides,
but to give both sides a chance to talk to each other to see if an agreement can be reached to
stop the foreclosure. If you and the company suing you come to an agreement, a settlement
agreement will be written up and signed by you and the company suing you. With some limited
exceptions, what each side says at the mediation is confidential and the judge will not know
what was said at mediation.
You will not have to pay anything to participate in this mediation program. To participate
in mediation, as soon as practical, you must contact the Conant Mediation Program
Management, Inc., a not-for-profit corporation d/b/a Conant Mediation Center, by calling (239)
332-8855 or (941) 467-3131 between 9:00 a.m. and 5:00 p.m., Monday through Friday.
To participate in mediation, you must also provide financial information to the mediator and
meet with an approved foreclosure counselor prior to mediation. You will not be charged any
additional amount for meeting with a foreclosure counselor. You may also request certain
information from the company suing you before going to mediation.
The Conant Mediation Program Management, Inc., a not-for-profit corporation d/b/a Conant
Mediation Center, will explain more about the mediation program to you when you call.
If you have attended mediation arranged by the Conant Mediation Program Management, Inc., a
not-for-profit corporation d/b/a Conant Mediation Center, prior to being served with this
lawsuit, and if mediation did not result in a settlement, you may file a motion asking the court to
send the case to mediation again if your financial circumstances have changed since the first
mediation.
AS STATED IN THE SUMMONS SERVED ON YOU, YOU OR YOUR LAWYER MUST FILE WITH
THE COURT A WRITTEN RESPONSE TO THE COMPLAINT TO FORECLOSE THE MORTGAGE
WITHIN 20 DAYS AFTER YOU WERE SERVED. YOU OR YOUR LAWYER MUST ALSO SEND A
COPY OF YOUR WRITTEN RESPONSE TO THE PLAINTIFF’S ATTORNEY. YOU MUST
TIMELY FILE A WRITTEN RESPONSE TO THE COMPLAINT EVEN IF YOU DECIDE TO
“>
PARTICIPATE IN MEDIATION.
—
2
Rosman
2
F JUDGE, Twentieth Judicial Circuit
Preview
FILED: 01/06/2012 02:40 PM £#:103018 RETURN OF SERVICE IN THE CIRCUIT COURT OF CHARLOTTE COUNTY, FLORIDA PLAINTIFF ANI IK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRY WIDE HOME LOANS SERVICING etseq. Vs. DEFENDANT MELISSA C. BENNETT, ET AL, DEFENDANTTO BE SERVED: UNKNOWN TENANT #1 CASE NO 08-2011-CA-003711 TYPE OF PROCESS (x) SUMMONS & COMPLAINT (x) LIS PENDENS DIVISION _ (x) OTHER NOTICE FROM THE COURT REGARDING LAWSUITS TO FORECLOSE MORTGAGES ON HOMES & FORM A & VERIFICATION _— Received this process on the 12/13/2011 at 10:00 AM. 1 (served (x) not served the within named defendant. DATE/TIME: 12/14/2011 9:40:00 PM. _ ADDRESS WHERE SERVED 15085 ALSASK CIR- (OR ATTEMPTED) PORT CHARLOTTE, FL 33981 (x) NON-SERVICE: By retum the same on 12/14/2011 9:40:00 PM for the reason that after due and diligent search the within name could not be located after visiting the above listed address. () Military Status: (Refused ()No () Yes Branch: (.) Marital Status: () Refused () Not married ( ) Married ) Married, but separated (x) Mobile Home () Yes/VIN Not Visible (x) No () Yes Vin: COMMENTS: OWNER OCCUPIED / NO TENANTS Thereby certify that I am over the age of 18, J am not a party to this action and have no interest in the process being served, and I am a Certified Process Server or Special Process Server in goodSanding in the judicial circuit/county in which the process was served, and/or am otherwise duly authorized to have served process in the jurisdiction where Process was si "Under pen tec that 1 ead forego document and ths stated in true." FS. 92.52 WOU Notary Not Required Pursuant to FS 92.525 Thomas Goins Certified Process Server #: 157138 County CHARLOTTE FILED: 01/06/2012 02:40 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR CHARLOTTE COUNTY CIVIL DIVISION BANK OF AMERICA, N. A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, VS. CASE NO. 11°837110q MELISSA C. BENNETT; UNKNOWN SPOUSE OF MELISSA C. BENNETT; LEROY W. BENNETT; UNKNOWN SPOUSE OF LEROY W. BENNETT; IF LIVING, INCLUDING ANY UNKNOWN SPOUSE OF SAID DEFENDANT(S), IF REMARRIED, AND IF DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, CREDITORS, LIENORS, AND TRUSTEES, AND ALL OTHER PERSONS CLAIMING BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANT(S); SOUTH GULF COVE HOMEOWNERS ASSOCIATION, INC. ; WHETHER DISSOLVED OR PRESENTLY EXISTING, TOGETHER WITH ANY GRANTEES, ASSIGNEES, CREDITORS, Guaaate: LIENORS, OR TRUSTEES OF SAID DEFENDANT(S) AND ALL OTHER PERSONS CLAIMING BY, THROUGH, UNDER, OR AGAINST DEFENDANT(S); UNKNOWN TENANT #1, UNKNOWN TENANT #2; Defendant(s) TO: UNKNOWN TENANT #1 15085 ALSASK CIR PORT CHARLOTTE, FL 33981 103018 FILED: 01/06/2012 02:40 PM THE STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a copy of the Complaint or Petition in this lawsuit on the above-named Defendant(s). SUMMONS PERSONAL SERVICE ON A NATURAL PERSON IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached Complaint in this Court. A phone call will not protect you; your written response, including the above case number and named parties, must be filed if you want the Court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the Court, you must also mail or take a carbon copy or photocopy of your written response to the “PLAINTIFF/PLAINTIFF’S ATTORNEY” named below. ATTORNEY FOR PLAINTIFF DANIEL C. CONSUEGRA 9204 KING PALM DRIVE TAMPA, FL 33619-1328 Witness my hand and seal of this Court on the / day of “Dew 2011. SOUR Clerk of the Circuit Court CHARLOTTE a ‘OUNTY STATE xe FLORID i CER RAT SCO Depu ‘lerk 103018 FILED: 01/06/2012 02:40 PM If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Administrative Services Manager whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2281, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. 103018 FILED: 01/06/2012 02:40 PM PERSONAL SERVICE ON AN INDIVIDUAL IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached Complaint in this Court. A phone call will not protect you; your written response, including the case number and named parties, must be filed on time; you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to cal] an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your response to the Court, you must also mail or take a copy or photocopy of your response to the “Plaintiff's Attorney” named below. IMPORTANTE Usted ha sido demando legalmente. Tiene 20 dias, contados a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una lamada teleforiica no lo protegera; si usted desea queel tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las pares, interesadas a dicho caso. Si usted no contestala demanda a tiempo, pudiese perder el caso y podria ser depspojado de sus derechos, sin preio aviso del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consultar a un abogado immediatamente. Si no concoce a un abogado, puede Hamar a una de las oficinas de asistencia legal que aparencen en la guia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su respuesta ante el tribunal, debera, usted enviar por correo entregar una copia de su respuesta a la persona denominada abajo como “Plaintiff's Attorney” (Demandate o Abogado del Demanadamente). IMPORTANT Des poursuites Judiciares ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date assignation de cette citation pour deposer une response ecrite a Ja plainte cijointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger; vous estes oblige de deposer votre response ecrite, avec mention du numero du dossier-dessus et du nomdes parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne deposez pas votre response ecrite dans ce relai requis, vous risquez de perdre Ja cause ainsi que cotresalaire, votre agent, et vos biens peuvent etre saisis par les obligations juridiques et vous pouvez requerir les services immediats d’un avocat. Si vous ne connaissez pas d’avocat telephoner a un service de reference d’avocats ou a un bureau d’assistance juridique (figurant a Vannuaire de telephones). Si vous choisissez de deposer vos-memeune response ecrite, il parvient ou expedier une copie au carbone ou one photocopie de otre response ecrite au " Plaintiff's Attorney” (Plaignant ou a son avocat) nomme ci dessous. Daniel C. Consuegra, Esquire Attorney for Plaintiff 9204 King Palm Drive Tampa, FL. 33619-1328 103018 FILED: 01/06/2012 02:40 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA A NOTICE FROM THE COURT REGARDING LAWSUITS TO FORECLOSE MORTGAGES ON HOMES If you are being sued to foreclose the mortgage on your primary home and your home has a homestead exemption and if you are the person who borrowed the money for the mortgage, you have a right to go to “mediation.” At “mediation,” you will meet with a Florida Supreme Court certified mediator appointed by the court and also a representative of the company asking to foreclosure your mortgage to see if you and the company suing you can work out an agreement to stop the foreclosure. The mediator will not be allowed to give you legal advice or to give you an opinion about the lawsuit. The mediator’s job is to remain neutral and not take sides, but to give both sides a chance to talk to each other to see if an agreement can be reached to stop the foreclosure. If you and the company suing you come to an agreement, a settlement agreement will be written up and signed by you and the company suing you. With some limited exceptions, what each side says at the mediation is confidential and the judge will not know what was said at mediation. You will not have to pay anything to participate in this mediation program. To participate in mediation, as soon as practical, you must contact the Conant Mediation Program Management, Inc., a not-for-profit corporation d/b/a Conant Mediation Center, by calling (239) 332-8855 or (941) 467-3131 between 9:00 a.m. and 5:00 p.m., Monday through Friday. To participate in mediation, you must also provide financial information to the mediator and meet with an approved foreclosure counselor prior to mediation. You will not be charged any additional amount for meeting with a foreclosure counselor. You may also request certain information from the company suing you before going to mediation. The Conant Mediation Program Management, Inc., a not-for-profit corporation d/b/a Conant Mediation Center, will explain more about the mediation program to you when you call. If you have attended mediation arranged by the Conant Mediation Program Management, Inc., a not-for-profit corporation d/b/a Conant Mediation Center, prior to being served with this lawsuit, and if mediation did not result in a settlement, you may file a motion asking the court to send the case to mediation again if your financial circumstances have changed since the first mediation. AS STATED IN THE SUMMONS SERVED ON YOU, YOU OR YOUR LAWYER MUST FILE WITH THE COURT A WRITTEN RESPONSE TO THE COMPLAINT TO FORECLOSE THE MORTGAGE WITHIN 20 DAYS AFTER YOU WERE SERVED. YOU OR YOUR LAWYER MUST ALSO SEND A COPY OF YOUR WRITTEN RESPONSE TO THE PLAINTIFF’S ATTORNEY. YOU MUST TIMELY FILE A WRITTEN RESPONSE TO THE COMPLAINT EVEN IF YOU DECIDE TO “> PARTICIPATE IN MEDIATION. — 2 Rosman 2 F JUDGE, Twentieth Judicial Circuit