HomeMy WebLinkAbout10-5763CF f AN
Leon P. Haller, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
717.234.4178
mtg@pkh.com
MIDFIRST BANK
Plaintiff
Vs.
TRACY L. BRETZ AND SULTAN A. JOHNSON
Defendants
1 1. l R'F !1: 0.3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
10 -574a3 3- v % l -T6y-0
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, 0 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
+48.00 PO ArrY
? ?sl?a7ro
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
TRACY L. BRETZ AND SULTAN A. JOHNSON,
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, I IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
TRACY L. BRETZ AND SULTAN A. JOHNSON,
Defendants
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 Defendants, TRACY L. BRETZ and SULTAN A. JOHNSON, are adult individuals whose last
known address is 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011.
3. On or about, December 11, 2006, the Defendants executed and delivered a Mortgage Note in the sum of
$104,139.00 payable to 1 ST PREFERENCE MORTGAGE CORP., which Note is attached hereto and
marked Exhibit "A".
4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to
secure payment of the same, the Defendants made, executed, and delivered to Mortgage Electronic
Registration Systems, Inc. as Nominee for 1 ST Preference Mortgage Corporation, a certain real estate
Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth
on December 19, 2006 in Mortgage Book 1976, Page 3443 conveying to original Mortgagee the subject
premises. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for
recording. On February 13, 2009, the Plaintiff and Mortgage Electronic Registration Systems, Inc as
Nominee for the Plaintiff and the Defendants executed a Loan Modification Agreement changing the
amount of the Unpaid Principal Balance to $103,057.63, changing the monthly payment amount and
changing the Maturity Date. The Loan Modification Agreement was recorded April 7, 2009 as
Instrument Number 200910806. The said Mortgage, Assignment and Loan Modification Agreement are
incorporated herein by reference.
5. The land subject to the Mortgage is: 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 and is
more particularly described in Exhibit "B" attached hereto.
6. The Defendants are the real owners of the property.
7. The Mortgage is in default due to the fact that the Mortgagors have failed to pay the installment due on
November 01, 2009 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE $101,771.05
Interest at $18.82 per day $6,869.30
From 10/01 /2009 To 10/01 /2010
( based on contract rate of 6.7500%)
Accumulated Late Charges $882.13
Late Charges $37.01 $407.11
From 11 /01 /2009 to 10/01 /2010
Escrow Deficit $1,847.09
Attorney's Fee at 5% of Principal Balance $5,088.55
TOTAL $116,865.23
**Together with interest at the per diem rate noted above after October 01, 2010 and other charges and
costs to date of Sheriffs 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 Sheriffs Sale. If the
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants by letters
dated December 14, 2009 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the
December 14, 2009 Act 6 Notices is attached hereto and marked Exhibit "C".
10. 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.
11. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in
any way which would bring them 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 6.7500% ($18.82 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: L?l -P 14dy-?
PU CELL, KRUG & HALLER
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
NOTE D (?? X77-K55 `a'
BRETZ
Lwn q: 36400230
MIN'. 100092200364002309
Cate 91 441-7969743-703
DECEMBER 11, 2006 HARRISBURG PENNSYLVANIA
[Date] [City] [State]
17 B WEST GLEMIDOD DRIVE, CAMP HILL, PA 17011
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"
means 19T PREFERENCE MORTGAGE CORP. and its successors and assigns.
2. BORROWER'S PROMISE TO PAY, INTEREST
In return for a loan received from Leader. Borrower promises to pay the principal sum of ONE HUNDRED FOUR
THOUSAND ONE HUNDRED THIRTY-NINE A34D 00/100 Dollars (U.S. $104,139.00), plus interest, to the orAr or
Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lendcr, at the rate
of SIX AND THREE-FOURTHS percent (6.750°/'6) 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 Imst or similar security instrument that is dated the saute
date as this Note and called the "Security Instrument" That Security Instrument protects the Leader from losses which might
result if Borrower defaults under this Now.
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
FEBRUARY 1, 2007. Any principal and interest remaining on the first day of JANUARY. 2022, will be due on that date,
which is called the "Maturity Date."
(B) Place
Payment shall be made at 9423 EELAIit ROAD, BALTIMORE, MD 21236 or at such place as Lender may
designate to writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. 5921.54. 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
Iran 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 rand supplement the covenants of this Note as if the allonge were a pan of
this Note. [Check applicable box.]
O Graduated Payment Allonge 0 Growtr:g Equity Allonge ? Other [Spcrify]
5. BORROWER'S RIGHT TO PREPAY'
Borrower has the right to pay the debt evidenced by this Note, in whole or in pan, without charge or penalty, on the
first day or 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.
6. BORROWER'S FAILURE TO PAY
4? 3674 Page 1 0172 FHA Mulostste Fixed Rate Note - 12101
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v
364uo33o
(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, 000%) of the overdue amount of each payment
(B) Default
If Borrower defaults by failing to pay in Rill 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
defmdt. In many circumstances regulations issued by the Secretary wia limit Lender's rights to require immediate payment in
full in the rase of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As
used m 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, Leader 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 some 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 persors that amounts due have not been paid.
S. 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 d fterent address.
Any notice that must be given to Lender under this Note toil I be given by first class trail to Lender at the address
stated in Paragraph 4(B) or at a different address if E orrower is given a notice of that difl'erertt address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, cac:h person is fully and personally obligated to keep all of the promises made
in this Note, including the promise to pay the frill amount owed. Any person who is a guarantor, surety or endorser of thus Note
is also obligated to do these things. Any person who takes over theso 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.
?/ toSO
- BORROWER - TRACY . 8 ETZ - TE -
- BORROWER - SULTAN SOBNSON - DA::E
BY SIGNING EL W, Borrower accepts and agrees to the terms and covenants contained in this Note
PAY TO THE ORDER OF.
wi1Tauul Kt(;kX B
I STPREFERENCE MORTGAGE CORPO ON X-YVI
BY. VICE PR S(DENT
MUM J. MM BETTE
lml? 36.74
PAY TO THE ORDER OF
wnM0TL/j?J`7A? W E BANK
GMAC Mity?,.' CER
a laF r £.C (/k/a
GItfAC atGl »=iiCiF- CORPORATION
(Sign Original Or)l)J
ANK
J. GARVd=R
Page 2of2 PHAJAiltisrnte ei - vore - ?
1-/al
WiTi?C?i3; {Z-g) U SE
D. CHIGPO
A.SSTSTANT 5ECRETARY
GMAC T A+lifd{
' ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in
the Township of East Pennsboro in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the westerly line of Glenwood Drive (West), which point is
295.06 feet north of the northwesterly corner of Glenwood Drive (West) and Erford Road
(West), and at dividing line between Lots 3X and 4, Block "H" on the hereafter
mentioned Plan of Lots; thence along said dividing line, North 63 degrees 30 minutes
West, 115 feet to a point; thence along the easterly line of Lots 23X and 23, North 26
degrees 30 minutes East, 37.5 feet to a point at the dividing line between Lots 4 and 4X,
Block "H" on said plan; thence along said dividing line, South 63 degrees 30 minutes east
and through the center partition wall and beyond, 115 feet to a point on the westerly line
of Glenwood Drive (West), aforesaid; thence along same, South 26 degrees 30 minutes
West, 37.5 feet to a point, thence place of BEGINNING.
BEING known as 17-B Glenwood Drive (West), Camp Hill, Pennsylvania 1701 L
BEING lot no. 4, Block "H", Plan No. 10, Ridley Park, recorded in Cumberland County
Plan Book 18, page 47.
BEING Parcel No. 09-16-1050-285
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AW Midland Mortgage Co.
Delinquency Assistance Center
P.O. Box 26648, OkWw m Qty, OK 73126 • Phone (800) 552-3000
12/14/09
***REV**4.41 ***
TRACY L BRETZ
SULTAN A JOHNSON
17 B WEST GLENWOOD DRIVE
CAMP HILL PA 17011
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE
?UNDER SECTION 403 OF PENNSYLVANIA ACT NO, 6 OF 1974
RE: 17 B WEST GLENWOOD DRIVE
CAMP HILL PA 17011
Loan Number 0052923382
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 10/01/09 through 12/01/09
The total amount now required to cure the default (or in other words, to get caught up on your payments)
is $3326.97.
All payments referred to in this notice must be in the form of Cashler'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 specified herein.
In the event that payment (as specked 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.
(C) 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 11 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 $925.34.
(D) 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.
-if you have received a bankruptcy discharge of the debt secured by the MortgagelDeed 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. If your ban 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 coWct a debt, and any information obtained will be used for that purpose.
AW Midland Mortgage Co.
Delinquency Assistance Center
P.O. Box 26648, Oklahoma City, OK 73126 • Phone (800) 552-3000
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
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 toll-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 0052923382
`If you have received a bankruptcy discharge of the debt secured by the MortgagWeed 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. 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.
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 CV &Z //p
t
By
Title Vi c.e I /'?°s?it
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
4[ uur;
? yrtr brrl W l Eat in
Jody S Smith
Chief Deputy ? 12- r
Richard W Stewart f„ r 'T''
Solicitor OMCEOF THE $hER,Ff'4,^
A , .__.:.
Midfirst Bank
Case Number
VS.
Sultan A. Johnson (et al.) 2010-5763
SHERIFF'S RETURN OF SERVICE
09/20/2010 08:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2010 at 2000 hours, he served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Sultan A. Johnson, by making known unto himself
personally, at 17B W. Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents
and at the same time handing to him personally the said true and correct copy of the same.
STEPHEN BENDER, DEPUTY
09/20/2010 08:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2010 at 2000 hours, he served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Tracy L. Bretz, by making known unto herself
personally, at 17B W. Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents
and at the same time handing to her personally the said true and correct copy of the same.
STEPHEN ENDER, DEPUTY
09/23/2010 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 17B W. Glennwood Drive, Camp Hill, PA
17011, 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 17B W.
Glennwood Drive, Camp Hill, PA 17011 is currently occupied by Sultan A. Johnson and Tracy L. Bretz.
SHERIFF COST: $78.94
September 23, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(ci Goomysuite St?erft. TTe+eosoft. Iec.
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
TRACY L. BRETZ
SULTAN A. JOHNSON,
vs.
DEFENDANT(S)
CIVIL ACTION LAW
NO. 10-5763
MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s)
TRACY L. BRETZ and SULTAN A. 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
Interest
Per diem of $18.82
From 10/01/2009
To 10/01 /2010
Accumulated Late Charges
Late Charges
($37.01 per month to
10/01/2010)
Escrow Deficit
5% Attorney's Commission
TOTAL
$101,771.05
$6,869.30
$882.13
$407.11
$1,847.09
$5,088.55
$116,865.23
"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
Leon P. Haller PA I.D. # 15700
1719 North Front Street
Harrisburg, PA 17102 C) c'
(717) 234-4178 o --? t
CL &?r
rnm o rr<
CIS ?4 4 ? r- - -.4 C3
-?° n
?o xc)
MIDFIRST BANK,
VS.
PLAINTIFF
TRACY L. BRETZ
SULTAN A. JOHNSON,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 10-5763
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
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 Z.? day
of J> - 20/0
LEON P. HALLER, ESQUIRE
®U4MONW?o? TH Q? ENNSYLVANIA
NOTARIALSEAL
pAARYLAND K. FERRETTI, Notary Public
Lower Paxton R,vp., Dauptm courdy
t,Ay Co:nmisslon Expires Aug. B, 2014
if A
MIDFIRST BANK,
VS.
Plaintiff
TRACY L. BRETZ AND
SULTAN A. JOHNSON
Defendants
DATE OF THIS NOTICE: October 13, 2010
TO:
TRACY L. BRETZ
17B WEST GLENWOOD DRIVE
CAMP HILL, PA 17011
SULTAN A. JOHNSON
17B WEST GLENWOOD DRIVE
CAMP HILL, PA 17011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5763
CIVIL ACTION LAW
IN MORTGAGE FORECLOSURE
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
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
PURCELL, KRUG & HALLE
LEON P. HALL Attorney for Plaintiff
I.D. # 15700
1719 N. Front St., Harrisburg, PA 17102
(717) 234-4178
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.
%( 40
MIDFIRST BANK,
Vs.
PLAINTIFF
TRACY L. BRETZ
SULTAN A. JOHNSON,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 10-5763
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on October 13, 2010 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.
Leon P. Haller PA I.D. # 15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 10-5763
MIDFIRST BANK,
VS.
PLAINTIFF
TRACY L. BRETZ
SULTAN A. JOHNSON,
DEFENDANT(S)
Total Judgment Amount $116,865.23
Interest $2,860.64
Per diem of $18.82 to sale
date 3/2/2011
Late Charges $148.04
$37.01 per month to sale
date 3/2/2011
Escrow Deficit $1,750.00
TOTAL WRIT $121,623.91
*Plus additional interest, late charges and other costs
to date of sheriffs sale.
SALE DATE: Wednesday, March 02, 2011
(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:
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Issue Writ of Execution in the above captioned case. rn
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Date: November 18, 2010 C n
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Attorney for Plaintiff co
1719 North Front Street Leon . Haller ?Ao CD-q
Harrisburg, PA 17102 PA I.D. #15700 y w o
(717) 234-4178 --+ D
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 17B WEST GLENWOOD DRIVE CAMP
HILL, PA 17011
Date:
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PROTHONOTARY/CLERK CIVIL DIVISION
BY
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DEPUTY
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ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of
East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on the westerly line of Glenwood Drive (West), which point is 295.06 feet north
of the northwesterly corner of Glenwood Drive (West) and Erford Road (West), and at dividing line
between Lots 3X and 4, Block "H" on the hereafter mentioned Plan of Lots; thence along said dividing
line, North 63 degrees 30 minutes West, 115 feet to a point; thence along the easterly line of Lots 23X
and 23, North 26 degrees 30 minutes East, 37.5 feet to a point at the dividing line between Lots 4 and
4X, Block "H" on said plan; thence along said dividing line, South 63 degrees 30 minutes East and
through the center partition wall and beyond, 115 feet to a point on the westerly line of Glenwood Drive
(West), aforesaid; thence along same, South 26 degrees 30 minutes West, 37.5 feet to a point, the place
of BEGINNING.
HAVING thereon erected a dwelling known and numbered as 17-B West Glenwood Drive, Camp Hill,
PA 17011.
BEING Lot No. 4, Block "H", Plan No. 10, Ridley Park, recorded in Cumberland County Plan Book 18,
Page 47.
PARCEL NO.: 09-16-1050-285.
BEING THE SAME PREMISES WHICH Steve A. Watts and Diana L. Watts by deed dated 12/11/06
and recorded 12/19/06 in Cumberland County Record Book 278 Page 175 granted and conveyed unto
Sulton A. Johnson and Tracy L. Bretz.
OIL, gas or other mineral interest and all rights incident thereto now or previously conveyed,
transferred, leased, excepted or reserved.
TO BE SOLD AS THE PROPERTY OF TRACY L. BRETZ AND SULTAN A. JOHNSON ON
JUDGMENT NO. 10-5763
MIDFIRST BANK,
PLAINTIFF
vs.
TRACY L. BRETZ
SULTAN A. JOHNSON,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 10-5763
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 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011:
1. Name and address of the Owner(s) or Reputed Owner(s): c:)
-n
TRACY L. BRETZ ? b -vr?n
17B WEST GLENWOOD DRIVE o°
CAMP HILL, PA 17011
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SULTAN A. JOHNSON y w ?m
17B WEST GLENWOOD DRIVE ==?
CAMP HILL, PA 17011
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
East Pennsboro Township
98 South Enola Drive
Enola, PA 17025
Henry F. Coyne, Esquire
3901 Market Street
Camp Hill, PA 17011
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
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
17B WEST GLENWOOD DRIVE
CAMP HILL, PA 17011
(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 best of my personal
knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoriti
Leon P. 1461 PA 1. D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: November 18, 2010
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MIDFIRST BANK,
VS.
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
TRACY L. BRETZ
SULTAN A. JOHNSON,
DEFENDANT(S)
NO. 10-5763
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE: O
That the Sheriffs Sale of Real Property (real estate) will be held:
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DATE: Wednesday, March 02, 2011 z°
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TIME: 10:00 O'clock A.M. CD G? 5 rn
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
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:
17B WEST GLENWOOD DRIVE
CAMP HILL, PA 17011
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 10-5763 JUDGMENT AMOUNT $116,865.23
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
TRACY L. BRETZ and SULTAN A. 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 tract or parcel of land and premises, situate, lying and being in the Township of
East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on the westerly line of Glenwood Drive (West), which point is 295.06 feet north
of the northwesterly corner of Glenwood Drive (West) and Erford Road (West), and at dividing line
between Lots 3X and 4, Block "H" on the hereafter mentioned Plan of Lots; thence along said dividing
line, North 63 degrees 30 minutes West, 115 feet to a point; thence along the easterly line of Lots 23X
and 23, North 26 degrees 30 minutes East, 37.5 feet to a point at the dividing line between Lots 4 and
4X, Block "H" on said plan; thence along said dividing line, South 63 degrees 30 minutes East and
through the center partition wall and beyond, 115 feet to a point on the westerly line of Glenwood Drive
(West), aforesaid; thence along same, South 26 degrees 30 minutes West, 37.5 feet to a point, the place
of BEGINNING.
HAVING thereon erected a dwelling known and numbered as 17-B West Glenwood Drive, Camp Hill,
PA 17011.
BEING Lot No. 4, Block "H", Plan No. 10, Ridley Park, recorded in Cumberland County Plan Book 18,
Page 47.
PARCEL NO.: 09-16-1050-285.
BEING THE SAME PREMISES WHICH Steve A. Watts and Diana L. Watts by deed dated 12/11/06
and recorded 12/19/06 in Cumberland County Record Book 278 Page 175 granted and conveyed unto
Sulton A. Johnson and Tracy L. Bretz.
OIL, gas or other mineral interest and all rights incident thereto now or previously conveyed,
transferred, leased, excepted or reserved.
TO BE SOLD AS THE PROPERTY OF TRACY L. BRETZ AND SULTAN A. JOHNSON ON
JUDGMENT NO. 10-5763
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-5763 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s)
From TRACY L. BRETZ AND SULTAN A. JOHNSON
(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 $116,865.23
L.L. $.50
Interest $2,860.64 - PER DIEM OF $18.82 TO SALE DATE 3/2/2011
Atty's Comm % Due Prothy $2.00
Atty Paid $211.44 Other Costs LATE CHARGES - $148.04 - $37.01
PER MONTH TO SALE DATE 3/2/2011 --- ESCROW DEFICIT $1.750.00
Plaintiff Paid
Date: NOVEMBER 30, 2010
-(Seal.)
REOUESTING PARTY:
Name LEON P. HALLER, ESQ.
Address: 1719 NORTH FRONT STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-234-4178
Supreme Court ID No. 15700
David D. Buell, Prothonotary
Deputy
, SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ! ( I
Sheriff
Jody S Smith
Chief Deputy 1 k[, A
Richard W Stewart
s5E'
Solicitor P v
Midfirst Bank
vs.
Tracy L Bretz (et al.)
SHERIFF'S RETURN OF SERVICE
Case Number
2010-5763
12/30/2010 04:28 PM - Deputy Dennis Fry, 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 17 B West Glenwood Drive, Camp Hill, PA 17011, Cumberland County.
01/03/2011 03:18 PM - Deputy Ryan Burgett, 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 Brittany Bretz, Friend, who
accepted as "Adult Person in Charge" for Johnson A Sultan at 17B W. Glenwood Drive, East Pennsboro
Township, Camp Hill, PA 17011, Cumberland County.
01/03/2011 03:18 PM - Deputy Ryan Burgett, 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 Brittney Bretz, Daughter, who
accepted as "Adult Person in Charge" for Tracy L Bretz at 17B W. Glenwood Drive, East Pennsboro
Township, Camp Hill, PA 17011, Cumberland County.
01/18/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney on 01/17/11.
SHERIFF COST: $110.10 SO ANSWERS,
March 15, 2011 RON R ANDERSON, SHERIFF
a-oo Pd. &.
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Leon P. Haller
Purcell, Krug & Haller
1719 N. Front Street
Harrisburg, PA 17102-2392
(717) 234-4178
lhaller@Dkh.com
MIDFIRST BANK,
Plaintiff
VS.
TRACY L. BRETZ AND
SULTAN A. JOHNSON,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
No. 10-5763
IN MORTGAGE FORECLOSURE
P R A E C I P E
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 & HALLER
Date: March 3, 2011
By
Leon P.HalY&-r ID ##15700
Attorney fbr Plaintiff
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