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HomeMy WebLinkAbout10-6109FiLED-OFFICE Cr THE PROTHONOTARY Leon P. Haller, Esquire r Purcell, Krug & Haller ? 3 9 1719 North Front Street CUMBERLAND COUNT,( Harrisburg, PA 17102 o s S g p Y LVAN I A 717.234.4178 mtg@pkh.com MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW EVELYN B. JOHNSON ACTION OF MORTGAGE FORECLOSURE Defendant j 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 a le A?yl ?? G ?? MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. EVELYN B. JOHNSON, Defendant 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. CIVIL ACTION - LAW EVELYN B. JOHNSON, ACTION OF MORTGAGE FORECLOSURE Defendant N'a, /v_ w o rar%I +m- 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, EVELYN B. JOHNSON, is an adult individual whose last known address is 24 FAITH CIRCLE CARLISLE, PA 17013. On or about, January 30, 2001, the Defendant executed and delivered a Mortgage Note in the sum of $68,426.00 payable to CENDANT MORTGAGE CORPORATION, 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 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 February 1, 2001 in Mortgage Book 1667, Page 920 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BISHOPS GATE RESIDENTIAL MORTGAGE TRUST and was recorded on May 3, 2001 in the aforesaid County in Book 673, Page 903. The Mortgage was subsequently assigned to CENDANT MORTGAGE CORPORATION and was recorded in the aforesaid County on May 3, 2001 in Book 673, Page 905. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded in the aforesaid County on June 18, 2003 in Book 698, Page 2262. On July 14, 2009, the Plaintiff and the Defendant executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $65,094.79, changing the monthly payment amount and changing the Maturity Date. The Loan Modification Agreement was recorded August 21, 2009 as Instrument Number 200929499. The said Mortgage, Assignments and Loan Modification Agreement are incorporated herein by reference. 5. The land subject to the Mortgage is: 24 FAITH CIRCLE CARLISLE, PA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on March 01, 2010 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $14.20 per day From 02/01/20 10 To 10/01 /2010 ( based on contract rate of 8.0000%) Accumulated Late Charges Late Charges $25.50 From 03/01/2010 to 10/01/2010 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $64,782.89 $3,436.40 $153.00 $178.50 $928.71 $3,239.14 $72,718.64 **Together with interest at the per diem rate noted above after October 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. 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 Defendant by letter dated May 26, 2010 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the May 26, 2010 Act 6 Notice 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 Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her 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% ($14.20 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: P CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) tow Nr1r? -, 001304559 .. NOTE 7441- No. Multistate 8043-70 January 30th, 2001 (Date) 24 FAITH CIRCLE CARLISLE, PA 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 Candant Xortgage Corporation and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTERES'T' In return for a loan received from Lender, Borrower promises to pay the principal sum of sixty-Bight Thousand Your Rundred Twenty-Six Dollars and Zero Ceuta Dollars (U.S. $ 68, 4 26.00 ), 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 Right andzero percent ( 8.000 `b) 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 insult if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall matte a payment of principal and interest to Leader on the first day of each month beginning on March lot , 2001 . Any principal and interest remaining on the first day of February 2031 , will be due on that date, which is called the "Maturity Date.' (B) PPlace ayment shall be made at 3000 Leadenhall Road Mount Laurel, NJ 08054 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. $ 502.09 • 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 ?Growm8 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 males 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. IrEA MWOMts Thed Rate NOW -10193 -1 R 06011.03 vmr MORTGAGE FORMS - 0=527-7291 Fop 1 W 2 Inkfah: E 10=1 "GPM Original r--4-k \_ ?? ? k? 4 k k -jj . ,,r , . 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 Ism' as describedm'Paragraph the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount 4(C) of this Note, by 4.00 %) of the overdue amount of each payment. of roux percent ( (B) Default payment, then Lender may, except as limited by regulations If Borrower defaults by failing to pay in full any monthly 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 Leader's rights to require immediate payment in full in the case of payment defaults. This Note does not authori= 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 Borrower to costs and re if Lender has required immediate payment in full, as described above, Lender may requi pa 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 Lmder 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 tinder 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 of the promises made in m If more than one person signs this Note, each person is fully and personally obligated to keep all endorser of this Note this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or also obligated to do these things. Any person who tabs 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. Leader 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. PAYTOTHEORMOF 1.3. (See) HICHOPC aATE t TttAL t tmAas TR (Seal) -Borrower 3 LMA S4t9 -Borrower 8velyn 8 huson MT. NJtg034 PAY TO ORDER OF W CF A N14 9MAeB ITHOUT RECOURSE ) (Seal) KELLY ASSISTAN(vIC94MO T Borrower LL.IANNACO -Borrower ASSISTANT VICE PRESIDENT . (see) -Borrower C -1R 19 OUN 0 PAYT0711M ORM of (Seal) CMDAMMORTOMIECORYOROM -Borrower 3M MADEWnAM ROAD P.O. BOX W Mr. [AURE6 1i7 "M (Seal) -Borrower a rF RESIDFNTIAL MORTOAOETJtU3r K3V -r ?.A :!,TAT!TVKfiPltES1DII?T Pip 2 of 2 m,,.:,,>,. Original ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point said point being located approximately 12 feet southwest of the southwest side of Faith Circle, said point also being located 209.27 feet northwest of the southwest corner of Carlisle Spring Road (RT 34) and Faith Circle, thence along lot Number 3 on hereinafter mentioned Plan of Lots, running through a partition wall and beyond South 49 degrees 55 minutes 42 seconds West, a distance of 322.93 feet to a point; thence North 40 degrees 4 minutes 18 seconds West a distance of 50 feet to a point; thence along Lot Number 5 on hereinafter mentioned Plan of Lots, North 49 degrees 55 minutes 42 seconds East a distance of 322.93 feet to a point; located approximately 12 feet southwest of the southwest side of Faith Circle; thence along a line running parallel with the southwest side of Faith Circle, South 40 degrees 4 minutes 18 seconds East, a distance of 50 feet to a point the Place of BEGINNING. HAVING thereon erected a two story brick and frame dwelling being lot number 4, Kingsbrook Section 1 recorded in Plan Book 23, page 87, Cumberland County Records being known as 24 Faith Circle, Carlisle, PA. e--- ?? I I Midland Mort9899 CO- AW KOAOK2?WS ty, - Phone Dell nqu?cy7' wan 30W W Co en 05126110 ***REV**4.41 *** EVELYN B JOHNSON 24 FAITH CIR CARLISLE PA 17013-6872 rrrnr rn >=nRF['1 nSE AND ACrCi ERATE I OAN BALANCE ^IOTICE OF INTEf`? H1?...-R er:rrTlnN 403 OF p 1`E QE-V IlA 6 OF 1974 RE: 24 FAITH CIR CARLISLE PA 17013-8872 Loan Number 0046249658 Dear mortgagor: above Midland mortgage for su the 'aer. As of the date of this Note on the ? . THEvMORTGAGE 1S IN DEFAULT servicing agent STATUS because of non-payment of the following: payments, late charges, and advances from 03101110 through 05101110 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $2043.43. received at the Cashler's or Certified Check made payment processing addressor le t All payments r age Coo and this must be in the form of Midland Mortg g coupon book not later than the dates and times specified 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 $637.72. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount y if lcul hadve t ATTORNEY'S FEE the regular monthly installments and late charges then due, plus, 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 currerdiy In bankruptcy under the protection of the automatic stay, this letter is not an attempt to tolled the debt, but any no b need orreed a it and fled nkrup avoid of the foreclosure. your loan was in defoult etDtheeed f T? we arreareqedd to aadvise ou that this communication Is from a debt discharge hi the deb bt empt secured the e ortgag collector, this is an attempt to collect a debt, , and any Information obtained will be used for that purpose. rl--Kklu?ak? C Midland Mortgage CO- ply, OK 73f??)a ce CentAW Deliinq quency p.o. Box 2%, Oklahoma unpaid late charges, together with REASONABLE LEGAL FEES ACTUALLY INCURRED, costs and by paying the entire amount due at the time (which shall include all delinquent installments 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 weeks following SHERIFF'S SALE, which will take place approximately seven (7) to eleven (1 1 ) erest in the SERVICE of the Complaint in Mortgage Foreclosure, at which time your OWNERSl will tee taken to mortgaged premises will be TERMINATED, and thereafter, if occupied, p rings OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending institution or TRANSFER THE PROPERTY TO CURE THE DEFAULT as you have, subject to he sameglmitations a d requiirements.e SAME RIGHT EFAULTS a default on cure year. in any three you You msame CURE Don as if th re had b en timesO DEFAULT. IA default maypbe cured by ANYONE on youer in the P 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.rrh. to 9:00 p.m. (Central Time). Sincerely, Delinquency Assistance Center Midland Mortgage Co. Loan Number 0046249658 'if you have received a bankruptcy discharge of the debt seared 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 coped 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 teed bankruptcy or received a collector, this his aneattemptrto c Ikthe d debt andany dinfof Trust, we are required to advise ou that this o n obtained will be used for that purpose communication Is from a debt discha 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. 'T?--?- Dated_ Title Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson snuff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~Qa~t'tp pt i~ulhbr~r~~~~ t?FFi:.E QF '~E ~~~RIFF ~~' ~~~~;. I'=~i~ f 7iJ~~`~ IH~ f ,.~V-at .r~ ,fin A:, ~ Midfirst Bank vs. Case Number Evelyn B. Johnson 2010-6109 SHERIFF'S RETURN OF SERVICE 10/01/2010 10:11 AM -William Cline, Corporal, who being duly sworn according to law, states that on October 1, 2010 at 1011 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Evelyn B. Johnson, by making known unto herself personally, at 24 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the sam time handing to her personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY 10/05/2010 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 24 Faith Circle, Carlisle, PA 17013, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 24 Faith Circle, Carlisle, PA 17013 is only occupied by the current owner, Evelyn B. Johnson. SHERIFF COST: $54.40 October 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci GountySuittir Shentf. Tetecsott. Ine. Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW EVELYN B. JOHNSON ACTION OF MORTGAGE FORECLOSURE Defendant ~~ `1 THIS FIRM I5 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 aze 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. PARR 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 REFERENCLA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 TRUE COPY FROM RECORD M Testimony whereof. l taKe unto set my hs+ttd and the sad of said Cotxt ad Ceirilsie, Pa. This ~dsy or.~, ~l1L MIDFIRST BANK, vs. EVELYN B. JOHNSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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. EVELYN B. JOHNSON, Defendant 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, EVELYN B. JOHNSON, is an adult individual whose last known address is 24 FAITH CIRCLE CARLISLE, PA 17013. 3. On or about, January 30, 2001, the Defendant executed and delivered a Mortgage Note in the sum of $68,426.00 payable to CENDANT MORTGAGE CORPORATION, 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 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 February 1, 2001 in Mortgage Book 1667, Page 920 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BISHOPS GATE RESIDENTIAL MORTGAGE TRUST and was recorded on May 3, 2001 in the aforesaid County in Book 673, Page 903. The Mortgage was subsequently assigned to CENDANT MORTGAGE CORPORATION and was recorded in the aforesaid County on May 3, 2001 in Book 673, Page 905. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded in the aforesaid County on June 18, 2003 in Book 698, Page 2262. On July 14, 2009, the Plaintiff and the Defendant executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $65,094.79, changing the monthly payment amount and changing the Maturity Date. The Loan Modification Agreement was recorded August 21, 2009 as Instrument Number 200929499. The said Mortgage, Assignments and Loan Modification Agreement are incorporated herein by reference. 5. The land subject to the Mortgage is: 24 FAITH CIRCLE CARLISLE, PA 17013 and is more particularly described in Exhibit "B" attached hereto. 6, The Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on March O1, 2010 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $14.20 per day From 02101 /2010 To 10/O1 /2010 (based on contract rate of 8.0000%) Accumulated Late Charges Late Charges $25.50 From 03/01 /2010 to 10/01 /2010 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $64,782.89 $3,436.40 $153.00 $178.50 $928.71 $3,239.14 $72,718.64 **Together with interest at the per diem rate noted above after October O1, 2010 and other charges and costs to date of Sheriffls 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. 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 Defendant by letter dated May 26, 2010 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the May 26, 2010 Act 6 Notice is attached hereto and marked Exhibit "C". Lem hLm~r ;0013864558 Multistate #41-6428043-~03 January 30th, 2001 I~1 24 t?!-ITH CIRCLE C71Rt.I8L8, PA 17013 I~P~Y A~sal 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender' means Cendaat ]Sortgage Corporation and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; Il'11TEREST In return for a Loan received from Lender, Borrower promises to pay the principal sum of Sixty-81ght Zlaousand sour Hundred Tvreaty-83x Dollars acid Zero Cants Dollars (U.S. S 68, 426.00 ), plus interest, to tlla 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 Light aadZero petcrslt ( 8.000 'b) per year wail 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 pretexts the Lender from losses which might result if Borrower defaults antler this Note. 4. IVIANNER OF PAYMENT (A) Time ~ . Harrower shall make a payment of principal and interest to Letlder on the first day of each month beginning on Tdarah 1st 2001 .Any principal and interest remaining on the first day of Fa~bruary , 2031 ,will be dlu on that date. which is calltd the "Maturity Data." (B) Place Payment shat! bt made at 3000 Leadeahall Road taoarat Laurel, NJ 0805# or et such place as L~etlder may designau in writing by notice to Harrower. (G7 Amotust Each monthly payment of pri~ipal and interest wi11 be in the amount of U.S. S 502.05 .This amount will bt part of a larger ~mortthly payment required by dle Security Instrument, that shall be applied to principal, interest and otlur items in the order described in the Security Instrument. (D) A1longe to this Note for peyme>yt ad~nstments If ~ a]longe providing for paymem adjnstme:nts is executed by Borrower together with this Kota, the covenants of the alIange shall be incorporated into and shall amend and supplement the ecovenants of this Note as if the allottge ware a part of this Note. [Check applicable box] [~Graduatad Payment Allonge ^Growing Equity Alitmge ^Other [specify] 5. BORROWER'S RIGIHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, is whole or in part, without charge or pe~lty, an the fast day of any month. Lender shall accept prepaymeult on otter days provided that Borrower pays intetest oa the amount prepaid for the remainder of the month to the extant re;quirad by Lender and permitted by regulations of the Secretary. If Borrower malaea a 1~~ Prepayment, there will be tm changes in the due date or in the amount of the monthly paymtmt unless Lender agrees in writing to those changes. •1 R IYeOt~ FBA Mohlatsfe Fbced Rage Note -10/95 m VMP MORTGAGE FORMS -(!00)421-72Yi -pt t pl 2 INthM: ~~ Original lam/\r 1 ~V 1 +,\ 1^F i 1) .,.. ~- 6. BORROWER'S FAILURE TO PAY (A} Late Charge for Overdue Payments . If lender has not received the full tnontbly paymem required by the Security Instriuaeni, as described ini 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 amotmt of Four percent ( ~ . 00 96) of the overdue amount of each payalem. (B) Default If Harrower defaults by failing to pay I7I ivlt aIIy motrtbly payment, then Lender may, except as limited by regutations of the Secretary in the case of payment defaults, require immediate payment in full of the pri~ipal balance rrxaaiaing due and atI accrued intcrzst. 'Lender may choose not to exercise this option without waiving its rights in the evem of airy subsequem default. In mr,zry circumstances regulations issued by the Secretaq will limit Lender's rights to require iarnediate paymetu in full in the case of payment defaults. This Note doq not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secre'tary" means the Secretary of Housing and Urban Developmem or his or her designee. (C} Payateat of Costs sad Expenses If Lewder has required immediate payment in full, as descn'bed above, lender may require Borrower to pay costs and expenses including reasonable and customary attorceys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and volts 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 tinder 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 ttre 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, arty notix that must be given to Borrower Hader this Note will be givaa 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 votive of Borrower's differwi address. Any notice that must be given to bender udder this Note will be given by first class mail to Linder 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 m keep all of the promises made in this Note, including the promise to pay the full amount owed. Arty person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over theme obligations, Including the obligations of a guaramor, surety or erajorser of this Note, is also obligated to keep a!1 of the promises made in this Note. Lender may enforce its rights wader this Note against each person individually or against all signatories together. Auy a~ person signing this Note may be required to pay all of the amaumts owed under this Note. ~ ~ ~ ' BY SIGNING BELOW, Borrower aaxpts and agrees to the terms and covenants cx?,ntainod is this Note. /~ PAY'I+OTH60RDEROF .. fJ - ($~j) BI$tOPiM781'IiAL1~ICtLfAd6 ~ (~) 8tirelya $ laa>soa -Borrower PA.80o<341! ~~ PAY TO ORDER OF ~' t~..tuosbst WITHOUT RECOURSE (seal) KEt.i.Y ASSISTANT VlC6-PRE~ID£K!' ~ •~~ r ~,~(,(,li~~t~- ) . LL.IANNACO -ttoeower ASSISTANT VICE PRESIDENT (Seal) Borrower ~~-1R Ieeotl.al tAYTOTAE ORDP1t QF (~} ~u~xow~ Bocstiwer tA.BOx3N9 trrr.uuxer,wsrou (~) KZ~:' ^r ~ l~IDE~iltAL ~ -Borrower Pp~2of2 ,~,~~ Original ALL that certain tract of land with the improvements thereon erected situate in North Middleton 'T'ownship, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point said point being located approximately 12 feet southwest of the southwest side of Faith Circle, said point also being located 209.27 feet northwest of the southwest comer of Carlisle Spring Road (RT 34) and Faith Circle, thence along lot Number 3 on hereinafter mentioned Plan of Lots, running through a partition wall and beyond South 49 degrees 55 minutes 42 seconds West, a distance of 322.93 feet to a point; thence North 40 degrees 4 minutes 1$ seconds West a distance of 50 feet to a point; thence along Lot Number 5 on hereinafter mentioned Plan of Lots, North 49 degrees 55 minutes 42 seconds East a distance of 322.93 feet to a point; located approximately 12 feet southwest of the southwest side of Faith Circle; thence along a line running parallel with the southwest side of Faith Circle, South 40 degrees 4 minutes 18 seconds East, a distance of 50 feet to a point the Place of BEGINNING. HAVING thereon erected a two story brick and frame dwelling being lot number 4, Kingsbrook Section 1 recorded in Plan Book 23, page 87, Cumberland County Records being known as 24 Faith Circle, Carlisle, PA. y ~ ,. ~~ ~ 1 \ ` ~, Mldfand Mortgage Co. ~snquency assistance cent®~ r.o. sox zebus, oaatwma aty, oic ~siffi • i>hone tst~ 552-3oou 05/26/10 EVELYN B JOHNSON 24 FAITH CIR CARLISLE PA 17013-8872 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE ENDER SECTION 403 OF PENNSYLVANIA ACT NO 6 OF 1974 RE: 24 FAITH CIR CARLISLE PA 17013-8872 Loan Number 0048249668 Dear Mortgagor: Midland Mortgage Ca. 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 03/01/10 through 05!01110 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $2043.43. Ali 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 specified herein. in the event that payment (as specified in the proceeding paragraph) is not made WITHIN THIRTY (30) DAYS from the date of this fetter, R is the intention of the holder of the mortgage, through this comparry, to accelerate (deGare due and payable immediately the entire loan) the mortgage obligation and ail other lawFul charges and instnrct our attorney to instftute 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 instapment 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 Cf•fARGE }s due with each mortgage payment that is paid more than fifteen (15) days after the due date. Your current monthly installment is $637.72. (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, ti incurred, any ATTORNEY'S FEE OF NOT MORE THAN $50.1)0 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-600-552-3000, extension 1799. AFTER FORECLOSURE PROCEEDING HAS BEEN STARTED, you have the right to STOP the foreclosure action at any time up to ONE (4) HOUR BEFORE the commencement of the SHERIFF'S *If you have received a bankruptcy discharge of the debt secured by the Mor~age/Deed of Trust oT you ere Wneatly in bankruptcy under the protedion of the automatic stay, this fetter k not en attempt to collect the debt, but any default w1tl need to be cured to avoid foradosure. IF your lean was in default at the time Midland began ser~Adng It and you have not toed bankniptcy or received s 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 celled a debt, and any hrfomration obtained will be used for that purpose. ~~ ~ I yJ,~ Midland Mortgage Co. Delinquency Assistance Center P.O. loot 26648, Oldelwma City, OK 73!26 • Phone (800) 552-3000 SALE by paying the entire amount due at the time (which shall include al{ deSnquent installments and unpaid late charges, together with REASONABt_E 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 w11 be SOLD AT SHERIFF'S SALE, which will take place approximately seven (~ to eleven (11) weeks following SERVICE of the Complaint to Mortgage Foreclosure, at which time your OWNERSHIP interest in the mortgaged premises will be TERMINATED, and thereafter, if occupied, proceedings wail be taken to OBTAtN POSSESSION of the real estate. Yau 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 caSl our office as soon as possible to discuss the options available to yau. Our Loan Counselors may be reached toil-free at 1-800-552-3000, Monday through Friday, 8:00 a.ni. to 9:00 p.m. (Central Time). Sincerely, Delinquency Assistance Center Midland Mortgage Co. Loan Number 0046249658 `If you have received a bankruptcy discharge of the debt secured by the MortgagelDaed of Trust or you are currerAly in bardwptgr under the protection of the automatic stay, this letter is not an attempt to calved the debt, but any default wiN need to be cured to avoid foreclosure. If your loan was in default at the time Midland began servicing K and you have not filed bankruptcy or njceived a discharge of the debt secured by the Mortgage/Deed of That, we are required to advise you that this communication is from a debt ~Nedor, this is an ariempt to collect a debt, and any information obtained wiN be used for that purpose. COMPANY NAME: MIDFIRST BANK VERIFICATION Title ~~ce President 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 ~'j ~~ ol.p ~ B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 10-6109 MIDFIRST BANK, VS. PLAINTIFF EVELYN B. JOHNSON, DEFENDANT(S) Total Judgment Amount $72,718.64 Interest $2,158.40 Per diem of $14.20 to sale date 3/2/2011 Late Charges $102.00 $25.50 per month to sale date 3/2/2011 Escrow Deficit $2,000.00 TOTAL WRIT $76,979.04 *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: Issue Writ of Execution in the above captioned case. Date: November 18, 2010 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leoaller PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS n C o -Ci -v-3 rnw C -- -3? r `n --<z' o C 9 o 1 Zb -? 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 24 FAITH CIRCLE CARLISLE, PA 17013 Date: Vay act 'Pct Sy. 414) - Coo B : /V. GG - r, I -C n Lk- PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ?--a s?rry ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being located approximately 12 feet southwest of the southwest side of Faith Circle, said point also being located 209.27 feet northwest of the southwest corner of Carlisle Spring Road (RT 34) and Faith Circle; thence along Lot Number 3 on hereinafter mentioned Plan of Lots, running through a partition wall and beyond South 49 degrees 55 minutes 42 seconds West, a distance of 322.93 feet to a point; thence North 40 degrees 4 minutes 18 seconds West a distance of 50 feet to a point; thence along Lot Number 5 on hereinafter mentioned Plan of Lots, North 49 degrees 55 minutes 42 seconds East a distance of 322.93 feet to a point; located approximately 12 feet southwest of the southwest side of Faith Circle; thence along a line running parallel with the southwest side of Faith Circle, South 40 degrees 4 minutes 18 seconds East, a distance of 50 feet to a point the Place of BEGINNING. BEING Lot Number 4, Kingsbrook Section 1 recorded in Plan Book 23, Page 87, Cumberland County Records. HAVING THEREON ERECTED A TWO STORY BRICK AND FRAME DWELLING KNOWN AS 24 FAITH CIRCLE CARLISLE, PA 17013 PARCEL NO.: 29-14-0868-019. BEING THE SAME PREMISES WHICH Edith B. Johnson by deed dated 1/30/01 and recorded 2/1/01 in Cumberland County Record Book 238 Page 1031, granted and conveyed unto Evelyn B. Johnson. TO BE SOLD AS THE PROPERTY OF EVELYN B. JOHNSON ON JUDGMENT NO. 10-6109 le MIDFIRST BANK, VS. PLAINTIFF EVELYN B. JOHNSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6109 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 24 FAITH CIRCLE CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): EVELYN B. JOHNSON 24 FAITH CIRCLE 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): Applyby Systems -,. CZ5 -77 1800 Trolley Road ;z :X -n York, PA 17464 CZ) M r= FCC Invest Trust I `-" © 4° _ 1345 Avenue of the Americas = r' -t? - -n a-?? 46`h Floor vi w C:) C-; New York, NY 10105 -4 -- n 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 24 FAITH CIRCLE CARLISLE, PA 17013 Kevin A. Johnson 24 Faith Circle 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 best of my personal knowledge, information and belief. I understand that false statements herein are made s 'ect to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorities. Leon P. H A I.D. #15700 Purce g & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 18, 2010 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. EVELYN B. JOHNSON, DEFENDANT(S) CIVIL ACTION LAW NO. 10-6109 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 C o 0 TAKE NOTICE: -? ° = x-n CD the Sheriffs Sale of Real Property (real estate) will be held: w ?'?'o .,< ?V-' O --i o DATE: Wednesday, March 02, 2011 x CID C--) -n 3y C-a = j- l k A M ' . . oc c TIME: 10:00 O IS 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: 24 FAITH CIRCLE 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. 10-6109 JUDGMENT AMOUNT $72,718.64 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: EVELYN B. 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 of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being located approximately 12 feet southwest of the southwest side of Faith Circle, said point also being located 209.27 feet northwest of the southwest corner of Carlisle Spring Road (RT 34) and Faith Circle; thence along Lot Number 3 on hereinafter mentioned Plan of Lots, running through a partition wall and beyond South 49 degrees 55 minutes 42 seconds West, a distance of 322.93 feet to a point; thence North 40 degrees 4 minutes 18 seconds West a distance of 50 feet to a point; thence along Lot Number 5 on hereinafter mentioned Plan of Lots, North 49 degrees 55 minutes 42 seconds East a distance of 322.93 feet to a point; located approximately 12 feet southwest of the southwest side of Faith Circle; thence along a line running parallel with the southwest side of Faith Circle, South 40 degrees 4 minutes 18 seconds East, a distance of 50 feet to a point the Place of BEGINNING. BEING Lot Number 4, Kingsbrook Section 1 recorded in Plan Book 23, Page 87, Cumberland County Records. HAVING THEREON ERECTED A TWO STORY BRICK AND FRAME DWELLING KNOWN AS 24 FAITH CIRCLE CARLISLE, PA 17013 PARCEL NO.: 29-14-0868-019. BEING THE SAME PREMISES WHICH Edith B. Johnson by deed dated 1/30/01 and recorded 2/1/01 in Cumberland County Record Book 238 Page 1031, granted and conveyed unto Evelyn B. Johnson. TO BE SOLD AS THE PROPERTY OF EVELYN B. JOHNSON ON JUDGMENT NO. 10-6109 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6109 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From EVELYN B. 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 $72,718.64 L.L. $.50 Interest $2,158.40 - PER DIEM OF $14.20 TO SALE DATE 3/2/2011 Atty's Comm % Due Prothy $2.00 Atty Paid $186.90 Other Costs LATE CHARGES - $102.00 - $25.50 PER MONTH TO SALE DATE 312/2011 --- ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: NOVEMBER 30, 2010 t (Seal) REQUESTING PARTY; Name LEON P. HALLER, ESQ. Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 David D. Buell, Prothonotary A 0 Deputy Supreme Court ID No. 15700 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PEN NSYLVANIA VS. CIVIL ACTION LAW C') C - 3 N ° O 'mot -I p u? a ? EVELYN B. JOHNSON, NO. 10-6109 ;L-rn CD M?" . DEFENDANT(S) ?o -< o o , MORTGAGE FORECLOSURE o z o An C) v 7_vc p--n x PRAECIPE C= w C) TO THE PROTHONOTARY OF THE WITHIN COUNTY: `D Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) EVELYN B. JOHNSON for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per diem of $14.20 From 02/01/2010 To 10/01/2010 Accumulated Late Charges Late Charges ($25.50 per month to 10/01/2010) Escrow Deficit 5% Attorney's Commission TOTAL $64,782.89 $3,436.40 $153.00 $178.50 $928.71 $3,239.14 $72,718.64 "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 & HALLER - By_ Leon3o4ftller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ?L)94? 0144-66 eKW /1.279S I?*? -2s/'YSfr r^ MIDFIRST BANK, VS. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6109 EVELYN B. JOHNSON Defendant DATE OF THIS NOTICE: October 25, 2010 TO: EVELYN B. JOHNSON 24 FAITH CIRCLE CARLISLE, PA 17013 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. U14PORTANT 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 & LEON P. HALLER, Attorney 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. EVELYN B. JOHNSON, DEFENDANT CIVIL ACTION LAW NO. 10-6109 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 /o day of at& nt&z?20 Id of P c OMMON TH O?SYLVANIA NOTARIAL SEAL MARYLAND K. FERR D I,,NNon aunty ? May CommIlew EExplras Aug. 8, 2014 LE . HALLER, ESQUIRE ?r r MIDFIRST BANK, PLAINTIFF Vs. EVELYN B. JOHNSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6109 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 25, 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. By Leon P. Haller P I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. EVELYN B. JOHNSON, DEFENDANT(S) CIVIL ACTION LAW NO. 10-6109 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ad q, la0 ? o , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: EVELYN B. JOHNSON 24 FAITH CIRCLE CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse -' 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 24 FAITH CIRCLE 3 _., . CARLISLE, PA 17013 Applyby Systems - 1800 Trolley Road York, PA 17464 FCC Invest Trust I 1345 Avenue of the Americas 46`h Floor New York, NY 10105 Kevin A. Johnson 24 Faith Circle Carlisle, PA 17013 By PURCE UG & HALLER Attorneys for Plaintiff 1719 North Front Street: Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA NICHOLE M. STALEY O'GORMAN LISA RYNARD EVELYN B. JOHNSON 24 FAITH CIRCLE CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 24 FAITH CIRCLE CARLISLE, PA 17013 Applyby Systems 1800 Trolley Road York, PA 17464 FCC Invest Trust I 1345 Avenue of the Americas 46`h Floor New York, NY 10105 Kevin A. Johnson 24 Faith Circle Carlisle, PA 17013 A 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be ested by the sale and that you have an opportunity to protect your interest, if any, by being notified of sa* s Sale. ,_Br - L Haller PA 1.D.15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. EVELYN B. JOHNSON, DEFENDANT(S) TAKE NOTICE: CIVIL ACTION LAW NO. 10-6109 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: DATE: Wednesday, March 02, 2011 TIME: 10:00 O'clock A.M. 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: 24 FAITH CIRCLE 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. 10-6109 JUDGMENT AMOUNT $72,718.64 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: EVELYN B. 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 of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being located approximately 12 feet southwest of the southwest side of Faith Circle, said point also being located 209.27 feet northwest of the southwest corner of Carlisle Spring Road (RT 34) and Faith Circle; thence along Lot Number 3 on hereinafter mentioned Plan of Lots, running through a partition wall and beyond South 49 degrees 55 minutes 42 seconds West, a distance of 322.93 feet to a point; thence North 40 degrees 4 minutes 18 seconds West a distance of 50 feet to a point; thence along Lot Number 5 on hereinafter mentioned Plan of Lots, North 49 degrees 55 minutes 42 seconds East a distance of 322.93 feet to a point; located approximately 12 feet southwest of the southwest side of Faith Circle; thence along a line running parallel with the southwest side of Faith Circle, South 40 degrees 4 minutes 18 seconds East, a distance of 50 feet to a point the Place of BEGINNING. BEING Lot Number 4, Kingsbrook Section 1 recorded in Plan Book 23, Page 87, Cumberland County Records. HAVING THEREON ERECTED A TWO STORY BRICK AND FRAME DWELLING KNOWN AS 24 FAITH CIRCLE CARLISLE, PA 17013 PARCEL NO.: 29-14-0868-019. BEING THE SAME PREMISES WHICH Edith B. Johnson by deed dated 1/30/01 and recorded 2/1/01 in Cumberland County Record Book 238 Page 1031, granted and conveyed unto Evelyn B. Johnson. TO BE SOLD AS THE PROPERTY OF EVELYN B. JOHNSON ON JUDGMENT NO. 10-6109 7160 3901 9849 1138 4750 TO: EVELYN B. JOHNSON 24 FAITH CIRCLE CARLISLE, PA 17013 SENDER: MIDLAND/JOHNSON REFERENCE.-NOS 03/02/11 RETURN rwm9e i RECEIPT Certified Fee 2.80 SERVICE Retum Receipt Fee 2.30 Restricted Delivery Total Postage & Fees 14.50 0.21 US Postal Service e?C' K OR DATE ,cA 1 Receipt f e 0 Certified I o 0 m No Insure= Covers" P Do Not Use for ? ' MIDLAND MORTGAGE COMPANY v. EVELYN B. JOHNSON Cumberland County Sale 3/2/2011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: EVELYN B. JOHNSON 24 FAITH CIRCLE CARLISLE, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Applyby Systems 1800 Trolley Road R?S8 York, PA 17464 % ?P? RcA J, f ,z U. S. POSTAL SERVICE --`? CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: FCC Invest Trust I 1345 Avenue of the Americas 46th Floor New York, NY 10105 ?sOES P% 4 _4 AMEEMW 7 PITNkY flOWES 02 1M $ 01.15° 0004284324 DEC09 2010 MAILED FROM ZIP CODE 1 7102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Kevin A. Johnson 24 Faith Circle Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 24 FAITH CIRCLE CARLISLE, PA 17013 ?P?tis '' us i 'Mmmmw 0 M yNlV RomS 32 1M $ 01.15° 0004284324 DEC09 2010 MAILED FROM ZIP CODE 1 7102 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff rr 31 ?FUtabr ? _ s'. ( , Jody S Smith Loll* 17 Chief Deputy, ; rt Richard W Stewart I °; r r F, L f r Solicitor ?I`''- - Midfirst Bank Case Number vs. Evelyn B. Johnson 2010-6109 SHERIFF'S RETURN OF SERVICE 01/03/2011 06:16 PM - Deputy Tim Black, 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 24 Faith Circle, Carlisle, PA 17013, Cumberland County. 01/03/2011 06:16 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: Evelyn B Johnson at 24 Faith Circle, North Middleton Township, Carlisle, PA 17013, Cumberland County. 01/28/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Haller on 1/2811. SHERIFF COST: $562.33 March 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF so rLPd & 5,-/D 6 V, 00 D51,-?g9 c; CouifpSurte Sher-& ieieosuY;. Inc. COPY MIDFIRST BANK, VS. PLAINTIFF EVELYN B. JOHNSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6109 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 24 FAITH CIRCLE CARLISLE, PA 17013: Name and address of the Owner(s) or Reputed Owner(s): EVELYN B. JOHNSON 24 FAITH CIRCLE 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): Applyby Systems 1800 Trolley Road York, PA 17464 FCC Invest Trust I 1345 Avenue of the Americas 46th Floor New York, NY 10105 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 k I 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 24 FAITH CIRCLE CARLISLE, PA 17013 Kevin A. Johnson 24 Faith Circle 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 best of my personal knowledge, information and belief. I understand that false statements herein are made s ect to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. H A I.D. 415700 Purce g & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 18, 2010 MIDFIRSI BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. EVELYN B. JOHNSON, DEFENDANT(S) TAKE NOTICE: CIVIL ACTION LAW NO. 10-6109 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: DATE: Wednesday, March 02, 2011 TIME: 10:00 O'clock A.M. 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: 24 FAITH CIRCLE 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. 10-6109 JUDGMENT AMOUNT $72,718.64 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: EVELYN B. JOHNSON ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being located approximately 12 feet southwest of the southwest side of Faith Circle, said point also being located 209.27 feet northwest of the southwest corner of Carlisle Spring Road (RT 34) and Faith Circle; thence along Lot Number 3 on hereinafter mentioned Plan of Lots, running through a partition wall and beyond South 49 degrees 55 minutes 42 seconds West, a distance of 322.93 feet to a point; thence North 40 degrees 4 minutes 18 seconds West a distance of 50 feet to a point; thence along Lot Number 5 on hereinafter mentioned Plan of Lots, North 49 degrees 55 minutes 42 seconds East a distance of 322.93 feet to a point; located approximately 12 feet southwest of the southwest side of Faith Circle; thence along a line running parallel with the southwest side of Faith Circle, South 40 degrees 4 minutes 18 seconds East, a distance of 50 feet to a point the Place of BEGINNING. BEING Lot Number 4, Kingsbrook Section I recorded in Plan Book 23, Page 87, Cumberland County Records. HAVING THEREON ERECTED A TWO STORY BRICK AND FRAME DWELLING KNOWN AS 24 FAITH CIRCLE CARLISLE, PA 17013 PARCEL NO.: 29-14-0868-019. BEING THE SAME PREMISES WHICH Edith B. Johnson by deed dated 1/30/01 and recorded 2/1/01 in Cumberland County Record Book 238 Page 1031, granted and conveyed unto Evelyn B. Johnson. TO BE SOLD AS THE PROPERTY OF EVELYN B. JOHNSON ON JUDGMENT NO. 10-6109 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6109 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From EVELYN B. 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 $72,718.64 L.L. $.50 Interest $2,158.40 - PER DIEM OF $14.20 TO SALE DATE 3/2/2011 Atty's Comm % Due Prothy $2.00 Atty Paid $186.90 Other Costs LATE CHARGES - $102.00 - $25.50 PER MONTH TO SALE DATE 3/2/2011 --- ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: NOVEMBER 30, 2010 D vid D. Buell, Prothonotary (Seal) Lag Deputy REQUESTING PARTY: i 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 TRUE COPY FROM RECORD In Tes'•imony wharW, t hero unto set my !rand and tha Baal said At Carl" Pa./I ll This. ? of± --i';t 2c)- Pt6owww "y ??j ? a On December 2, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 24 Faith Circle, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 2, 2010 By: Real Estate Coordinator st Fz d 3H? ?- - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?:? _a ,Coyne, ditor r SWORN TO AND SUBSCRIBED before me this 28 day of January Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-6109 Civil 238 Page 1031, granted and con- veyed unto Evelyn B. Johnson. Midfirst Bank TO BE SOLD AS THE PROPERTY OF EVELYN B. JOHNSON ON JUDG- vs MENT NO. 10-6109. Evelyn B. Johnson Atty.: Leon P. Haller ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being located approximately 12 feet southwest of the southwest side of Faith Circle, said point also being located 209.27 feet northwest of the southwest corner of Carlisle Spring Road (RT 34) and Faith Circle; thence along Lot Number 3 on hereinafter mentioned Plan of Lots, running through a partition wall and beyond South 49 degrees 55 minutes 42 sec- onds West, a distance of 322.93 feet to a point; thence North 40 degrees 4 minutes 18 seconds West a distance of 50 feet to a point; thence along Lot Number 5 on hereinafter mentioned Plan of Lots, North 49 degrees 55 minutes 42 seconds East a distance of 322.93 feet to a point; located ap- proximately 12 feet southwest of the southwest side of Faith Circle; thence along a line running parallel with the southwest side of Faith Circle, South 40 degrees 4 minutes 18 seconds East, a distance of 50 feet to a point the Place of BEGINNING. BEING Lot Number 4, Kingsbrook Section 1 recorded in Plan Book 23, Page 87, Cumberland County Records. HAVING THEREON ERECTED A TWO STORY BRICK AND FRAME DWELLING KNOWN AS 24 FAITH CIRCLE CARLISLE, PA 17013. PARCEL NO.: 29-14-0868-019. BEING THE SAME PREMISES WHICH Edith B. Johnson by deed dated 1/30/01 and recorded 2/1/01 in Cumberland County Record Book 31 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg; PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*otwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid, that The Patriot--News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since-, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true, and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: r 1/28/11 f Sworn to and subscribed tlefdre me this 22 dAy of February, 2011 A.D. Notary Public i'OMMONWE4LTH OF PENNSYLVANIA Notarial Seal Sher; a L Klsner, Notary Public _Owee Paxton Twp., Dauphin County - lulu (:ammisslon E)Vres Nov. 26, 2011 a ;r br, nnc?firanla Association of Nota'ies 2010.8109 Civil '!farm Jylf1111M l5m* Vs Evelyn S. Johnson Atty: Lean R #laller ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being located approximately 12 feet southwest of the southwest side of Faith Circle, said point also being located 209.27 feet northwest of the southwest corner. of Carlisle Spring Road (RT 34) and Faith Circle; thence along Lot Number 3 on hereinafter mentioned Plan of Lots, running through a partition wall and beyond South 49 degrees 55 minutes 42 seconds West, a distance of 322.93 feet to a point; thence North 40 degrees 4 minutes 18 seconds West a distance of 50 feet to a point; thence along Lot Number 5 on hereinafter mentioned Plan of Lots, North 49 degrees 55 minutes 42 seconds East a distance of 322.93 feet to a point; located appro5mately 12 feet southwst of the southwest side of Faith Circle; thence along a Ime running parallel with the southwest side of Faith Circle, South 40 degrees 4 minutes 18 seconds East, a distance of 50 feet to a. point rise Pie of BEGINNING. BEING Lot Number 4, Kingsbrook Section 1 recorded in Plan Book 23, Page 87, Cumberland Caa+nty Records. HAVING THEREON ERECTED A TWO STORY BRICK AND FRAME DWELLING KNOWN AS 24 FAITH CIRCLE CARLISLE, PA 17013 PARCEL NO.: 29.14-W-019. BEING THE SAME PREMISES WHICH Edith B. Johnson by deed dated 1/30/01 and recorded 2/1/01 in Cumberland County Record Book 238 Page 1031, granted and conveyed unto Evelyn B. Johnson. 0 BE SOLD AS THE PROPERTY OF 44? ?iYNB. JOHNSON ON JUDGMENT ?C1-6109 J_ f 4 A, i.. I 1? 4 17 R Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@-Pkh.com MIDFIRST BANK, Plaintiff VS. EVELYN B. JOHNSON, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 10-6109 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 By Leon P.Haller ID 15700 Attorney for Pla' tiff Date: March 3, 2011 #? 6o '04y