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HomeMy WebLinkAbout10-1098V FLrr' TH F, 2 FE? 16 AM ?- - b 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 16 -1( / ? CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ck 4 ls-P 7 J-,6:: X37 ,s-qd Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK Plaintiff vs. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendants MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendants CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendants J0-16 ? S?" CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. The Defendant, GERALD E. JOHNSON, is an adult individual whose last known address is 143 NORTH PITT STREET CARLISLE, PA 17013. Defendant, THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT (hereinafter referred to as HUD), is an instrumentality of the United States of America with an address of 451 SEVENTH STREET, SW, WASHINGTON, DC 20410. 4. HUD holds a Mortgage against the below property pursuant to Mortgage dated June 13, 2003 and recorded August 4, 2003 in Mortgage Book 1827, Page 2662 in the amount of $3,107.02. A copy of said Mortgage is attached hereto as Exhibit "A". 5. On or about, August 16, 1999, the Defendant executed and delivered a Mortgage Note in the sum of $43,456.00 payable to NATIONAL CITY MORTGAGE CO., which Note is attached hereto and marked Exhibit "B". 6. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, the Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on August 16, 1999 in Mortgage Book 1564, Page 259 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and was recorded on March 27, 2003 in the aforesaid County in Mortgage Book 695, Page 3741. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording. On June 11, 2009, the Plaintiff and Mortgage Electronic Registration Systems, Inc. as Nominee for the Plaintiff and the Defendant executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $40,450.12, changing the monthly payment amount and changing the Maturity Date. The Loan Modification Agreement was recorded September 11, 2009 as Instrument Number 200931786. The said Mortgage, Assignments and Loan Modification Agreement are incorporated herein by reference. 7. The land subject to the Mortgage is: 143 NORTH PITT STREET CARLISLE, PA 17013 and is more particularly described in Exhibit "C" attached hereto. 8. The Defendant is the real owner of the property. 9. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on August 01, 2009 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $8.86 per day From 07/01/2009 To 03/01/2010 ( based on contract rate of 8.0000%) $40,401.21 $2,152.98 Accumulated Late Charges Late Charges $18.57 From 08/01/2009 to 03/01/2010 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $211.18 $129.99 ($57.97) $2,020.06 $44,857.45 **Together with interest at the per diem rate noted above after March 01, 2010 and other charges and costs to date of Sheriff's Sale. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 10. No judgment has been entered upon said Mortgage in any jurisdiction. 11. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter dated October 16, 2009 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the October 16, 2009 Act 6 Notice is attached hereto and marked Exhibit "D". 12. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 13. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.0000% ($8.86 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: 1 PU CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 02-02-'10 15:37 FROM Fab-02-2010 04:30pm From- 1 - l7t) 1100 4:) / 00:)1 T-974 P 046/052 F-3tJ rk: ZIEGLER LZ !'_',:'C07(DErs`OF `DEEDS 11ERLAN0 COUNTY-7; '03 AUG 4 AID 11 52 Recording Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive Ste 201 St. Paul, MN 55117 Space Above This Line For Recording Data) Acs ?Np?or???7s+ _ 11 P+ymalul SUBQRDINATF, FHA Cave No. 441-6092888.703 MORTGAGE THIS SUBORDINATE MORTGAGE ("Security Instrument") is giv'm on June 13, 2003. The Mortgagor is Gerald E. lobAson, an unmanned uw ("Dorrower'l, whose address is 143 North Pitt Strcet, Carlisle, PA 17013. This Security Instrument is given to the Secrcrary of Housing and Urban Development wid itt virreaonr6 aad ppigns; whose address is U.S. Depatunent of HUD, c/o First Ma Cison Servicing, Inc., 4 Corporate Drive, Shelton, CT 06484 ("Lendu"), borr0wrr uwc-? L,...dcr the Din D sum of Three Tt?ousand. One Hundred Seven and 02/100 dollars (U,S. $3,107.02). This debt is evidenced by Borrowees note dated the same date as this Security Instrument ("Note"), which provides for the full debt, if not paid earlier, due and payable on September 1, 2029. The Original IKongagc, dated August 16, 1999 was recorded in Book 1564 at Page 259 in the County Records of C rd )'rir of the , Pennsylvania, a, on Auguo,% 16, 1999. This Suourity Inttpirnmr irrwco 10 Jendcr: () the of all other . by the Note, and all renewals, extensiorz and modifications of the Note; (b) the payment s of performance her ose, with interest, advanced to protect the security of this Security Instrument, and (c) the all Borrower's covenants and apet gran and convey to 1retLende hde fthe ollowing described property Borrower dots hereby mortgage, warran located in Cumberland County, Pennsylvania: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HMOF Tax IDW 05210320008 which has the address of 143 North Pitt Street, Carlisle, Pennsylvania 17013 (''Property Address"); TOGETHER WITH all the improvements now or hereafter erected on All pep`s IDeandand casements, appurtenances and fixtures now or hereafter a part of the property. additions shell alto be covered by this Security Irtguument. All of the foregoing is referred to in this Security instrument as the "Property," BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyea and bag ncc right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defead generally the title to the Property against all claims pd dernands, subject to any encumbrances of record. ?a + 8K 182 7PG2662 ... 4 . 10 1b: ;";5 rtitJCl- 1 - r oo rviVig01 VJVJJI Feb-U-2010 04:31 pm From- T-974 P, 047/052 F-353 THIS SECURITY INSTRUMENT combines uniform covenants for natiorvtl use and non-uniform covenants with limited variations by jurisdiction to eonadtut0 a uniform security insttvtnent covering real property. Borrower and Lender covenant and agree as follows: UNTORM COVENANTS. 1. Payment of Principal. Borrower shall pay wlttn due the principal of the debt evidenced by the Note. 2. Borrower Not Releawd; Forbearance By Leader Not a Waiver, Extension of the time of payment of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operartr to release ihr, liability of the original BOrrOwef Ot Borrower's successor in itsteresL lxnder shall not be required to commence proceedings against any successor in interest or rtfust to extend tiu?a for payment or otherwise modify amortization of the guars secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender: in excrcisu,g any right or remedy shall not be it waiver of or preclude the exercise of any right or remedy. 3. Successors and Assigns Bound; Joint and Several lAsibility; Co-signers. The covenants and and agreement of this Security Instrument shall bind sad benefit the successors and mig eT who cosigns Borrower. Borrower's covenants and agreements shell be joint and several. Any this Security Instrument but does not execute the Note; (a) is c'signing this Security Instrument only to mortgage, grant and convey that Borrower's intetcat in the Property under the terms of this Sectuity Instrument, (b) is not personally obligated to pay the sums secured by this Security 1natrumenr, and (c) er,,cc, rLat Leader and any other Rnrrnwer my Agree to extend, modify, forbear or snake any accommodations with regard to the term of this Security Instrument or the Note wnutout rust Horruwck consent. 4. Notices. Any notice to Borrower provided for in this Security Instrumenr shall be given by delivering it or by mailing it by first class mail unless applicable law rtquires use of another method. The notice shall be directed to the Property Address or any other oddress Borrower designates by nodcc to Lender. Any notice to Lender shall be given by first class mail to: U,S. Department of HUD, clo First Madison Servicing, Inc., 4 Corporate Drive, Sbehon, CT 06484 at any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed w have been given to Borrower or Lendcr when given as provided in this paragraph. 1,%w and ', by FrdrrAl S. Governing Law, 5everabtuty. Chas Sccurity t„eu..u.tnt shall be governed ants sth ulo Y of the jurisdiction in which the 2'roperry Is teemed. JAL due event that say pfo Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security tnstiument or the Note, which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be sevcrabte. 6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security insrrnme m, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree es follows 7, Acceleration; Remedle9. Lender shall give notice to Borrower prior to acceleration oing Borrower's breach of any covenant or alreemcrtt in this Security Instrument. The notice shalt specify (a) the default, (b) the IWLJOd required to ooze the default; (r.) a date. not less titan 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums r cured yfur?ihscr erntyn Instrument, forcOvoare by judicial proceeding and self., of the Propem• The Borrower of the right to reirstate after acceleration and the rigbt to assert in the foreclosure proc"oing befnulthe non-existence of oetautt or any other dc1?V,e of l)w..:..oer t0 nosole mtion abet fnrPrIMUrc, If F ?a 8K1827PG2663 ?1 -Ids 10 1b: *j? H 40M Feb-02-2010 04:31pm From- ]-rno r0041/ 0! j T-974 F44VOI r-4?J not cured on or cefore It dale av-:Ozs in die notice, Lemirr, at iM 0?t30A, maY require immediate payment in full of all sums secured by this Security Instrument without further demand and may ollo this Security Instruments by judicial proceeding- Lender shall be entitled mlted tloreall exP c es incu r fees pursuing the remedies provided in this pamgraPb, including, b n and costs of title evidence. If the Lendcfs interest In this Security Instrument is held by the Secretary and the' Secretary requires immediate payment its full uodcr Paragraph 7 of the Subordinate Notc, the Secr,:WY may invoke the noa- judicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act'l (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act ancemenc deptiveithe and to sell the Property as provided in the Act. Nothing in the preceding . sll Secretary of any tights otherwise available to a Lender under this paragraph or applicable law. S. Release, upon paymeru of all i,rtvs scaurod by this Srrttrity Tnsuumcrit, bender shall release this Security lnsaument without charge to Borrower. Borrower shell pay say recordation cosrt. 9. Attorneys' Fees. As used in this Security lostrument and the Note, -artomeys' fees" shat] include any attorneys' fees awarded by an appellate court. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and rceordcd with it. / W fZ ss Prin Name of W fitness Signature Printed Name of Witness STATE OF Pennsylvania ) sa. COUNTY OF Cumberland) Gerald E. Johroo • o owes On the :21J6 Day of J in the year 2003. before me, the roved undersigned, personally appeared Gerald E. Iohrtso , as unmarried mau, personally latovio to me or p to me on the bdais of satisfactory evidence to be the individual(s) whose namels) is (arc) subscribed to the wi ment and acknowledged to me that he 1 she / they executed the "sae in his / her / their ca city( e-, thatby his/ her / their sigeture(s) oil the instrument, the individual(s), or the person upon half of;Mcb the iii vidual(s) acted, ex instrwnent" 8K 18'2 7 PG 2 6 6 4 ?' • _. _ .-?.... .. _. ?--?. -_. _.. .--. +I •?nn?e?awe. 0o-a 'l ref. q2-02-'10 15:32 FROM- Fab- 02-2010 04:31Rm From- 1- r'Db I'00,46i 00jl t T-976 8.049/052 F-353 Exhibit "A" ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County. Pennsylvania, bounded and described as follows: now or formerly of Nellie L wZffis S1 on th• ON the North by property R the south by property now or east by a twelve foot alley, o formerly of Irvin Walters; and on the west by North Pitt Street, containing twenty-four (24) feet in front on Nort1iLPitt Street and extending in depth one hundred twelve (112) feet front on North Pitt Street and extending in depth one hundred twelve (112) feet to the aforesaid alley, and having thereon ereeted a brick dwelling. lelou the uame N:dalats eonveyed by Carllole joustuB pppottunicieo Corporation ewitt by deed of even data and Recorder of Deeds to be unto Gerald 9. Office•oE the e Johnson. the Mortgagor hersin. II???? ICI ?I ?IMII ?IIIN ?I??INN?IIdIn ???IM n?! U1493%49-910W SWORDIWTE MORT RFFe 2039beGa US Recofdioys „wiorla1id C01.1111y PA ?? . Recorder of Deeds 0009585190 Multistate NOTE FHA Case No. 4416092888- 703 August 16, 1999 j Datel 143 N PITT ST, CARLISLE, Pennsylvania 17013 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means National City Mortgage Co. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of FORTY THREE THOUSAND FOUR HUNDRED FIFTY SIX & 00/100 Dollars (U.S. S 43, 456.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of BIGHT percent( 8.000 %v) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on October 1 , 1999 . Any principal and interest remaining on the first day of September 2029 , will be due on that date, which is called the "Maturity Date." ' (B) Place Payment shall be made at National City Mortgage Co., P.O. Box 85020, Louisville, KY 4 0 2 8 5 - 5 0 2 0 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 318.87 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ? Graduated Payment Allonge ? Growing Equity Allonge ? Other [specify] S. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Multistate Fixed Rate Note - 10/95 at -1 R (9eot) 4MP MORTGAGE FORMS • (800)521-7291 Pape 7 of 2 Initials: 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4.00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. ': nn" (Seal) GERALD E JOHNSON -Borrower (? -1R (960t) (Seal) _ PAY TO THE ORDER OF -Borrower _(Seal) WITHOUT RECOURSE -Borrower 01 -(Seal) GEIRRI 9HS1 RRy -Borrower Assignment SpeeiaiM Page 2 of 2 ._ (Seal) -Borrower -(Seal) -Borrower - (Seal) -Borrower _. (Seal) -Borrower ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by property now or formerly of Nellie Liszman; on the east by a twelve foot alley, on the South by property now or formerly of Irvin Walters; and on the west by North Pitt Street, containing twenty-four (24) feet in front on North Pitt Street and extending in depth one hundred twelve (112) feet in front on North Pitt Street and extending in depth one hundred twelve (112) feet to the aforesaid alley, and having thereon erected a brick dwelling. rA i Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Oklahoma qty, , 73126 * Phone (800) 552-3000 10/16/09 ***REV**4.41 *** GERALD E JOHNSON 143 N PITT ST CARLISLE PA 17013-2329 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO. 6 OF 1974 RE: 143 N PITT ST CARLISLE PA 17013-2329 Loan Number 0050539668 Dear Mortgagor: Midland Mortgage Co. is the holder of a Mortgage and a Note on the above premises, or is the mortgage- servicing agent for such holder. As of the date of this notice, THE MORTGAGE IS IN DEFAULT STATUS because of non-payment of the following: payments, late charges, and advances from 08/01109 through 10/01/09 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $1653.25. All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage Co. and must be received at the expedited payment processing address on your coupon book not later than the dates and times specked herein. In the event that payment (as specified in the proceeding paragraph) is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. (A) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE stated above, plus an additional monthly installment if payment is made after the 1" day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment that is paid more than fifteen (15) days after the due date. Your current monthly installment is $464.25. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000, extension 1799. AFTER FORECLOSURE PROCEEDING HAS BEEN STARTED, you have the right to STOP the foreclosure action at any time up to ONE (1) HOUR BEFORE the commencement of the SHERIFF'S *if you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter Is not an attempt to collect the debt, but any detault will need to be cured to avoid foreclosure. If your loan was in default at the time Midland began servicing it and you have not filed bankruptcy or received a discharge of the debt secured by the Mortgage/Deed of Trust, we are required to advise you that this communication Is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Oklahoma City, OK 73126 • Phone (800) S52-3000 SALE by paying the entire amount due at the time (which shall include all delinquent installments and unpaid late charges, together with REASONABLE LEGAL FEES ACTUALLY INCURRED, costs and other sums related to the foreclosure action, and which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000). Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which time your OWNERSHIP interest in the mortgaged premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending Institution or TRANSFER THE PROPERTY to another person, under and subject to the existing mortgage. That person will have the SAME RIGHT TO CURE THE DEFAULT as you have, subject to the same limitations and requirements. You may CURE DEFAULTS up to three (3) times in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your behalf. It is important that you call our office as soon as possible to discuss the options available to you. Our Loan Counselors may be reached tall-free at 1-800-552-3000, Monday through Friday, 8:00 a.m. to 9:00 p.m. (Central Time). Sincerely, Delinquency Assistance Center Midland Mortgage Co. Loan Number 0050539668 *If you have received a bankruptcy discharge of the debt secured by the Mortgage/Dead of Trust or you are currently In bankruptcy under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any default will need to be cured to avoid foreclosure. It your loan was in default at the time Midland began servicing it and you have not flied bankruptcy or received a discharge of the debt secured by the MortgagelDeed of Trust, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any Information obtained will be used for that purpose. COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated ) r 3'" (D By Title I C P F2 E <)) -o ?- ry7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 'FILED-OFF ICE Sheriff .OF THE PK. MNOTARY Jody S Smith Chief Deputyy :.: 2010 Mr? ' $ P 12: y Edward L Schorpp FtF . sr ??st? CLL. Solicitor r .. ;r Midfirst Bank Case Number vs. Secretary of Housing & Urban Development (et al.) 2010-1098 SHERIFF'S RETURN OF SERVICE 02/16/2010 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: Secretary of Housing & Urban Development US Attorney's Office, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 02/17/2010 Dauphin County Return: And now February 22, 2010 at 0926 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Secretary of Housing & Urban Development c/o US Attorney's Office by making known unto Susan Melendez, Administrative Assistant for Secretary of Housing & Urban Development c/o US Attorney's Office at 3rd and Walnut Streets, Suite 1162, Harrisburg, PA 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/18/2010 05:00 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16 2010 at 1700 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gerald E. Johnson, by making known unto himself personally, at 143 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/19/2010 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: Occupant of 143 N. Pitt Street, Carlisle PA 17013, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 143 N. Pitt Street, Carlisle, PA 17013 is only occupied by the current owner, Gerald E. Johnson. SHERIFF COST: $79.40 SO ANSW February 25, 2010 RON Y ANDERSON, SHERIFF Deputy ,Sheriff (ci okru tySuite Sheriff. Teieoaoft. li?c. MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendants No. 10-1098 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 404 I, Leon P. Haller, hereby certify that a true and correct copy of the Complaint in the above captioned action was served upon The Secretary of Housing and Urban Development as follows: Complaint cam- C= ?i mailed by certified mail, return receipt requested, postage prepaid, on February 22, 2019 #lresW toll The Secretary of Housing and Urban Development 451 SEVENTH STREET, SW :rj WASHINGTON, DC 20410 ;- 77 to Attached hereto is the original mailing receipt postmarked February 22, 2010 along with the United States Postal Service Track and Confirm showing that certified mail #71603901984854215647 was delivered on February 26, 2010. Harrisburg, PA 17102 SWORN to and subscribed this Ud?ay of AaWA 20_Z?. Notary Pub is ONWULTH OF pENNBYLVANIA 201 My commission expires: NotaAal Seal sonta E. PrUMck, Notary im. (S EAL) t ?canmissW e"Is s? 3 Member. PennsYlvanle bsedeUee of bbles 1719 N. Front St 7160 3901 9848 5421 5b47 TO: The Secretary of Housing and Urban Development 451 SEVENTH STREET, SW WASHINGTON, DC 20410 SENDER: MSH/SVC REFERENCE: MID/JOHNSON PS Form 3800. January 2005 RETURN Postage 1 W SA- RECEIPT Certified Fee SERVICE Return Receipt Fee 2.30 Restricted Delivery Total Postage & Fees 0.00 US Postal Service POSTMAW,,,OR DATE Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail USPS - Track & Confirm Page 1 of 1 OUNITLrDSTATES POSTAL SER ICE@ Home I Hero I Sign In Track & Confirm FA Track & Confirm Search Results Label/Receipt Number: 7160 3901 9848 5421 5647 Service(s): Certified Mail" Status: Delivered Your item was delivered at 10:39 AM on February 26, 2010 in WASHINGTON, DC 20410. Detailed Results: • Delivered, February 26, 2010, 10:39 am, WASHINGTON, DC 20410 • Arrival at Unit, February 26, 2010, 9:33 am, WASHINGTON, DC 20022 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email Site...M.aR Gu. 14.m..r_S.?rvi.Ge F4rfr.S G.svS...Servi g. Gargv.!a Copyright@ 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOI http://trkcnfrm 1. smi. usps. com/PTSIntemetWeb/InterLabelInquiry.do PriydGY._PoLcY. I rI1].S of,.U.s O.u .in?? _C_u. i4m c_.G x A 3/10/2010 Track & Caitfirm Enter Label/Receipt Number. MIDFIRST BANK I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendants No. 10-1098 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 404 I, Leon P. Haller, hereby certify that a true and correct copy of the Complaint in the above captioned action was served upon The United States of America as follows: Complaint mkiW iggcer ed mail, return receipt requested, postage prepaid, on February 22, 2010 addressed to: The United States of America ??? . C) ..? United States Attorney's Office - Tenth and Constitution Avenue NW Main Justice Building, Room 5111 M Washington, DC 20530 w Attached hereto is the original Certificate of Mailing postmarked February 22, 2010 along with the original Receipt for Certified Mail postmarked February 26, 2010 __--7 Leggy Haller 1719 N. Front St Harrisburg, PA 17102 SWORN to and subscribed this/ 7 d'ay of 1, 20 ?? . otary Public My commission expires: COMMONWEALTH na Seal PENNSYLVANIA Bonita E. Rvmdy Notary Publk CNV of H&ffmutS osuphln CaMty (SEAL) My E s?u...,1013 Mem , W*ania Amd*Jon of NOW N r 7160 3901 9848 5421 5654 TO: The United States of America United States Attorney's Office Tenth and Constitution Avenue NW Main Justice Building, Room 5111 Washington, DC 20530 SENDER: MSH/SVC REFERENCE: MID/JOHNSON RETURN Postage i RECEIPT Certified Fee SERVICE 980 Return Receipt Fee 2.30 Restricted Delivery 0.00 Total Postage & Fees 3 US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 2. Article Number 716Qr3901 9848 5421 5654 A. Received by (Please Print Clearly) B. Date of Delivery C. Signature X ? Agent ? Addresses D. Is delivery address different from item t? If YES, enter delivery address below: i 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) w "`6 DYes The United States of America United States Attorney's Office , - Tenth and Constitution Avenue NW Main Justice Building, Room 5111 Washington, DC 20530 c' ? Yes ? No MID/JOHNSON MSH/SVC ;= PS Form 3811, January 2005 Domestic Return Receipt w cis H MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Vs. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) CIVIL ACTION LAW NO. 10-1098 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) GERALD E. JOHNSON for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff s damages as follows: Unpaid Principal Balance $40,401.21 Interest $2,152.98 , Per diem of $8.86 -? _ -"' M ? From 07/01/2009 r'?°M c rn- To 03/01/2010 vd Accumulated Late Charges $211.18 Ems-, W -4 Late Charges $129.99 ($18.57 per month to C) 03/01/2010) Escrow Credit -$57.97 -< 5% Attorney's Commission TOTAL $2,020.06 $44,857.45 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriffs Sale. PURCELL, KRUG & By l y- ©b Pd, aN 1677&G ?? ? ? DD(o3 Le aller PA I.D. # 15700 1'7-19 North Front Street Harrisburg, PA 17102 (717) 234-4178 le MIDFIRST BANK, Vs. PLAINTIFF GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-1098 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on May 17, 2011 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By C Leon P. HallejoAAK- I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 c M - -Or- "Or- rr, .J cn p-- -4(_- <C? C) -n C1 cz F 3, -- _) M 0 MIDFIRST BANK, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1098 GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendants CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: May 17, 2011 TO: GERALD E. JOHNSON 143 NORTH PITT STREET CARLISLE, PA 17013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (10) 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 SERVICE 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 717-249-3166 PURCELL, KRUG & HALLER B LEON P. HALLER, Atto ey for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) CIVIL ACTION LAW NO. 10-1098 c IN MORTGAGE FORECLOSURF?co =M =;;o cn r- t w NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN < ?,. ' ads.. ?`r SS rnF arr' c? 10 rn 7? Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this a/day of 20_// Notary P lic C Jr ALs_;-l G- PENNGYLVANIA HALLER, ESQUIRE a _ T'c f;- L')- ;i:n County "; Cc, :,!?'- isSi,^. Expires Aug. 8, 2014 V r MIDFIRST BANK, VS. PLAINTIFF GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-1098 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on 3.aD//the following judgment has been entered against you in the above-captioned matte . $44,857.45 and for the sale and foreclosure of your property located at: 143 NORTH PITT STREET CARLISLE, PA 17013 Dated: May 27, 2011 Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 ROTHON TARY I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 GERALD E. JOHNSON 143 NORTH PITT STREET CARLISLE, PA 17013 MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) CIVIL ACTION LAW NO. 10-1098 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) GERALD E. JOHNSON for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $40,401.21 Interest $2,152.98 Per diem of $8.86 From 07/01/2009 To 03/01/2010 Accumulated Late Charges $211.18 Late Charges $129.99 ($18.57 per month to 03/01/2010) Escrow Credit -$57.97 5% Attorney's Commission $2,020.06 TOTAL $44,857.45 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff s Sale. PURCELL, KRUG & BY - Le I"aller PA I.D. # 15700 1 19 North Front Street Harrisburg, PA 17102 (717) 234-4178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YLVANIA CIVIL DIVISION -LAW AT NO. 10-1098 MIDFIRST BANK, Total Judgment Amount $44,857.45 PLAINTIFF Interest $3,101.00 Per diem of $8.86 to sale vs. date 9/7/2011 Late Charges $315.69 $18.57 per month to sale GERALD E. JOHNSON AND THE SECRETARY OF date 9/7/2011 HOUSING AND URBAN DEVELOPMENT, Escrow Deficit $1,940.00 DEFENDANT(S) TOTAL WRIT $50,214.14 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, September 07, 20 11 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: = ? --I f X = --I Issue Writ of Execution in the above captione se. cz, XM c - i Date: May 27, 2011 rte- -<> w r M CD Attorney for Plaintiff r 1719 North Front Street P. Haller = °?k Harrisburg, PA 17102 A I.D. #1570(0) (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 143 NORTH PITT STREET CARLISLE, PA 17013 ra Date: dq.oo pd - a4 9a ?o ?- /y, o0 ------------ lu.?64_ t PROTHONOTARY/CLERK CIVIL DIVISION C?? /G 7>Gl? a av?3 Y DEPUTY a , 00 ed. LD , . S2D CLI-d- 9- ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by property now or formerly of Nellie Liezman; on the East by a twelve foot alley; on the South by property now or formerly of Irvin Walters; and on the West by North Pitt Street. Containing twenty four (24) feet in front on North Pitt Street and extending in depth one hundred twelve (112) feet to the aforesaid alley. HAVING THEREON ERECTED A BRICK DWELLING KNOWN AS 143 NORTH PITT STREET CARLISLE, PA 17013 TAX PARCEL NO. 05-21-0320-008 BEING THE SAME PREMISES WHICH Carlisle Housing Opportunities Corporation, by deed dated 8/11/99 and recorded 8/16/99 in Cumberland County Deed Book 205 Page 1032, granted and conveyed unto Gerald E. Johnson. UNDER AND SUBJECT to conditions and restrictions as set forth in Deed Book 205, Page 1032. TO BE SOLD AS THE PROPERTY OF GERALD E. JOHNSON ON JUDGMENT NO. 10-1098 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) CIVIL ACTION LAW NO. 10-1098 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 143 NORTH PITT STREET CARLISLE, PA 17013: Name and address of the Owner(s) or Reputed Owner(s): GERALD E. JOHNSON 143 NORTH PITT STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Secretary of Housing and Urban Development 451 Seventh Avenue S. W. Washington, D.C. 20410 Secretary of Housing and C-) Urban Development rn f _ Albany Office - Region II ;z -< ? - r--- o " 52 Corporate Circle > ? n I Albany, New York 12203-5121 ? - a A c5 ? CJ?-WT U. S. Attorney's Office i C`-) Tenth and Constitution Avenue, N.W. Main Justice Building - Room 5111 Washington, D.C. 20530 U. S. Attorney's Office for Secretary of Housing and Urban Development 3`d & Walnut Streets Suite 1162 Harrisburg, PA 17108 Carlisle Housing Opportunities Corporation 60 West Penn Street Carlisle, PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 419 Stonehedge Drive - Suite 2 Carlisle, PA 17013 Secretary of Housing and Urban Development c/o First Madison Servicing Inc. 4 Corporate Drive Shelton, CT 06484 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 143 NORTH PITT STREET CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the WbDeest f my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to autho ' ' Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 27, 2011 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) TAKE NOTICE: CIVIL ACTION LAW NO. 10-1098 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: f ..s.` mM c_ c M ? r- DATE: Wednesday, September 07, 2011 > ca C) ° c: TIME: 10:00 O'clock A.M. P x. = } ems.. C? ? Cf LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 C o THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 143 NORTH PITT STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-1098 JUDGMENT AMOUNT $44,857.45 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GERALD E. JOHNSON A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by property now or formerly of Nellie Liezman; on the East by a twelve foot alley; on the South by property now or formerly of Irvin Walters; and on the West by North Pitt Street. Containing twenty four (24) feet in front on North Pitt Street and extending in depth one hundred twelve (112) feet to the aforesaid alley. HAVING THEREON ERECTED A BRICK DWELLING KNOWN AS 143 NORTH PITT STREET CARLISLE, PA 17013 TAX PARCEL NO. 05-21-0320-008 BEING THE SAME PREMISES WHICH Carlisle Housing Opportunities Corporation, by deed dated 8/11/99 and recorded 8/16/99 in Cumberland County Deed Book 205 Page 1032, granted and conveyed unto Gerald E. Johnson. UNDER AND SUBJECT to conditions and restrictions as set forth in Deed Book 205, Page 1032. TO BE SOLD AS THE PROPERTY OF GERALD E. JOHNSON ON JUDGMENT NO. 10-1098 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-1098 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Midfirst Bank Plaintiff (s) From Gerald E. Johnson and the Secretary of Housing and Urban Development (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$44,857.45 L.L.$.50 Interest Per diem of $8.86 to sale date 9/7/2011 $3,101.00 Atty's Comm % Due Prothy $2.00 Atty Paid $211.90 Other Costs Late Charges $18.57 per month to sale date 9/7/2011 $315.69 Plaintiff Paid Escrow Deficit $1,940.00 *Plus additional interest, late charges and other costs to date of sheriffs sale. Date: June 3, 2011 (Seal) David D. Buell, Prothonotary By AjZi. e Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front St. Harrisburg, PA 17102 Attorney for: PLAINTIFFS Telephone: 717-234-4178 Supreme Court ID No. 15700 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff QFFCA 'SF Tt- •.-c RIFF C TH PROTNCNC7AR r' 2011 AUG 23 AM 9: Is CUMBERLAND? COUNT PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Midfirst Bank vs. Gerald E Johnson Case Number 2010-1098 SHERIFF'S RETURN OF SERVICE 06/17/2011 02:39 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 143 North Pitt Street, Carlisle, PA 17013, Cumberland County. 06/24/2011 04:04 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Gerald E Johnson at 143 North Pitt Street, Carlisle, PA 17013, Cumberland County. 07/11/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $111.69 SO ANSWERS, August 22, 2011 RON R ANDERSON, SHERIFF -3 (ci t:001tySute Sheriff. Teeos(Yl Inc, 10 F 2 0 r. "D COUTI, 4 N NNIS''LVA'a6A Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@nkh.com MIDFIRST BANK, Plaintiff Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 10-1098 GERALD E. JOHNSON AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendants IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY: Please mark the judgment entered in the above captioned case satisfied of record, because the mortgage has been reinstated and the default cured. PURCELL, KRUG & HAL R By Leon P.Haller ID 415700 Attorney for Plaintiff Date: May 8, 2012 OLVIk -WG, 5b pa af? CL*nb3s4