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HomeMy WebLinkAbout11-7284 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 " CD cn r? f 11- 7a8y Civi! Term Cn _.1 -f -n rat IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 O S 4a. oo PA AT1y e? I7o?to g a??f94a 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, 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 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 Defendants made, executed, and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for 1St 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. On February 13, 2009, the Plaintiff and Mortgage Electronic Registration Systems, Inc. a 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 Mortgage was subsequently assigned to MIDFIRST Bank and was recorded on October 21, 2010 in the aforesaid County as Instrument Number 201030193. On January 19, 2011, the Plaintiff and the Defendants executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $117,923.73, changing the monthly payment amount, changing the Maturity Date and changing the Interest Rate to 5.25%. The Loan Modification Agreement was recorded March 2, 2011 as Instrument Number 201107013. The said Mortgage, Assignment and Loan Modification Agreements 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 March 01, 2011 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $17.20 per day From 02/01/2011 To 10/01 /2011 ( based on contract rate of 5.2500%) $117,923.73 $4,127.36 Accumulated Late Charges Good through 10/01/2011 Escrow Deficit Corporate Advance Attorney's Fee at 5% of Principal Balance TOTAL $1,271.98 $766.53 $540.57 $5,896.19 $130,526.36 **Together with interest at the per diem rate noted above after October 01, 2011 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. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants by letters dated May 24, 2011 as required by Pennsylvania Act No. 6 of 1974, as amended. Copies of the May 24, 2011 Act 6 Notices are attached hereto and marked Exhibit "C". 9. 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. 10. 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 Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non-active military duty are attached as Exhibit "D". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.2500% ($17.20 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._ Z"- PURCELL, KRUG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) S"29 a53s? NOTE 0 tofi?/77-K551?;' BRETZ Lwn #: 36400230 MIN:100082200364002308 Caac 0: 441 -7809745-703 DECEMBER 11, 2006 HARRISBURG [Date) PENNSYLVANIA [City] [State] 17 B WEST GLEMrOOD DRIVE, CAMP HILL, PA 17011 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the persun's successors and assigns. "Lender" means 1ST PREFERENCE MORTGAGE CORP. and its successors ar d assigns. 2. BORROWER'S PROMISE TO PAY, INTEREST In return for a loan received from Lender. Borrower promises to pay the principal sum of ONE HUNDRED FOUR THOUSAND ONE HUNDRED THIRTY-NINE AND 00/100 Dollars (U.S. $104,139.00), 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 SIX AND THREE-FOURTHS percent (6. 750°io) 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.' That Security tistrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall snake a payment of principal and interest to Lender on the first day of each month beginning on FEBRUARY 1, 2007. Any pnncipal 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 BELAIIt 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. $921.54. This amount will be pun 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 rnd supplement the covenants of this Note as if the allonge were a pan of this Note. [Check applicable box.] O Graduated Payment Allonge ? Grove g Equity Allongc ? Other [Specify) 51 BORROWER'S RIGHT TO PREPAY' Borrower has the right to pay the debt evid,mced by this Note, in whole or to part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. BORROWER'S FAILURE TO PAY v 36.74 Page i 0r2 FHA \4ulnttaie Fis°d Rate scale - 12/01 r4k b il \ ? 0 (( ,P , 36400230 (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph a(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 full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, raluirc immediate payment in full of the principal balance remaining due and all accrued interest. Leader may choose not to exercise this option without waiving its rights in the event of any subsequent default. In marry circumstances regulations issued by the Secretary wiil limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used m this Note, "Secretary" means the Secretary c•f Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enfon.mg 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 light to require Lender to give notice to other persons that amounts due have not been paid. g. GIVING OF NOTICES Unless applicable law requires a different method, any notice that roust 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.fferent address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in paragraph 4(B) or at a different address if E-orrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, cash person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the ftdl amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING EL W, Borrower accepts and agree:; to the terms and covenants contained in this Note BORROWER - TRACY 8 ETZ - TE BORROWER - SULTAN JOHNSON - DA:• t,'.', - Ur PAY TO THE ORDER OF. B ISTPREFEW CE MORTGAGE BY. <-- - - "? WI rr iY U 36.74 PAY To THE ORDER OF W,THOZ M BANK UrtSr LIMITS ?J`?;'; t 01-FT ?.,... f-FR GMkC laic'. ,'_i.C f/!Wa GMAC MGIRT AC3E t i i;POTT?TION (Sigh Ofigrrtnl Oidw 1 VICE PR SIDENT BETTE J. GARVER Paac _' of? FN Ali 9idnstnt" ci N"q• - lvol i3, i:iriTG°T`Q As3fiISTANT SECRETARY GNAC t:TH NI{ 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 comer 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 17011. 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 (? 'k ?il r) 9 / Midland Mortgage Co. Delinquency Assistance Center A4VP.O. Box 26648, Oklahoma City, OK 73126 • Phone (800) 552-3000 05/24/11 ***REV**4.41 *** TRACY L BRETZ 17 B WEST GLENWOOD DRIVE CAMP HILL PA 17011 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN RAI ANC F UNDER SECTION 403 OF PENNSYLVANIA ACT NO. a 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 03/01/11 through 05/01/11 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $4209.67. All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage Co. and must be received at the expedited payment processing address on your coupon book not later than the dates and times 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 PROCEEDINGS. (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 15` 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 $851.31. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDINGS have 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 FEES 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 PROCEEDINGS HAVE 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 *If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any 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 in a 'on obtained vA I be used for that purpose. Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Oklahoma City, OK 73126 • Phone (800) 552-3000 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 A 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 Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any 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. Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Oklahoma City, OK 73126 • Phone (800) 552-3000 05/24/11 ***REV**4.41 *** SULTAN A JOHNSON 17 B WEST GLENWOOD DRIVE CAMP HILL PA 17011 RE: 17 B WEST GLENWOOD DRIVE CAMP HILL PA 17011 Loan Number 0052923382 Dear Prior 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 03/01/11 through 05/01/11 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $4209.67. All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage Co. and must be received at the expedited payment processing address on your coupon book not later than the dates and times 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 PROCEEDINGS. (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 $851.31. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDINGS have 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 FEES 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 PROCEEDINGS HAVE 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 *If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any 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. Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Oklahoma City, OK 73126 • Phone (800) 552-3000 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 A 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 Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any 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. Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center Aug-26-2011 10:24:52 Military Status Report Pursuant to the Service Members Civil Relief Act First/.Middle Begin Date Active Duty Status Active Duty End Date Service Agency TRACY [±BRETZ Based on the information you have furnished,, the DMDC does not possess any information indicating the individual status. Upon: searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). F Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center. 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System,(DEERS),database which is the official source of data on eligibility for military medical care. and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Sold'iers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the, individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL hUp://www.defenselink.milifaq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can` submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www:dmdc.osd.mil/appj/scra/popreprit 8/26/2011 b kequest for Military Status Page 2 of 2 More information on 'Active Duty Status" Active duty status as reported in this certificate is defined in accordance with10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes' service under a call 'to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national' emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty., Those who would rely on this certificate are urged to seek qualified-legal 'counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:V417Q330ODQ https://www.dmdc.osd.mil/appj/scra/popreport.do 8/26/2011 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Aug-26-2011 10:25:16 ' Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency JOHNSON SULTAN Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. . Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). ' h 7r` Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite.400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDQ is an organization of the Department of Defense that maintains theDefense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act,(50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers'..and Sailor's' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the. individual is currently on active duty responses, and has experienced a small error rate. In the event the individual referenced above, or any family rhember, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections'of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil agigi PC09$LDR.htinl. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide anew certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 8/26/2011 Request for Military Status Page 2 of 2 More information on 'Active Duty Status' Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard,, includes ` service under a call to active service authorized by the Presidenf or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic. and Atmospheric Administration,(NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty.: Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate'to be provided. Report ID:KF4L84VK61 httos://www.dmdc.osd.mil/appj/scra/popreport.do 8/26/2011 COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon 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 authorities. Dated "1 By ,t ,l D J Title f77(Pt?t?Cll{'??n - .16 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION LAW _ y TRACY L. BRETZ AND NO. 11-7284 SULTAN A. JOHNSON, -<r -' DEFENDANT(S) MORTGAGE FORECLOSURE y`> =? 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 $17.20 From 02/01/2011 To 10/01/2011 Accumulated Late Charges Corporate Advance Escrow Deficit 5% Attorney's Commission TOTAL $117,923.73 $4,127.36 $1,271.98 $540.57 $766.53 $5,896.19 $130,526.36 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALLER By Leon aller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 a?+$ly06 f d C Lit l? 2-0q4 alp sty fli? Ul)o hie l? l? MIDFIRST BANK, Vs. PLAINTIFF TRACY L. BRETZ AND SULTAN A. JOHNSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. I1-7284 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 28, 20111 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 J&_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW AT NO. 11-7284 MIDFIRST BANK, VS. PLAINTIFF TRACY L. BRETZ AND SULTAN A. JOHNSON, DEFENDANT(S) Total Judgment Amount $130,526.36 Interest $2,666.00 Per diem of $17.20 to sale date 3/7/2012 Late Charges $272.36 per month to sale date 3/7/2012 Escrow Deficit $1,892.00 TOTAL WRIT $135,356.72 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, March 07, 2012 (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: - Jy? -- Issue Writ of Execution in the above captioned :- CD '- Date: November 15, 2011 Attorney for Plaintiff 1719 North Front Street L Haller Harrisburg, PA 17102 I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 Date: L? co 9a.ce I'?r 114. w It q ?, Sp a ?r PROTHONOTARY/CLERK CIVIL DIVISION BY ? _ So t, L C? k? ? ? 2?4 tv DEPUTY JA- I ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, 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 th° northwesterly corner of Glenwood Drive (West) and Erford Road (West), and at dividing line betw,:en 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, 13lock "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. TO BE SOLD AS THE PROPERTY OF TRACY L. BRETZ AND SULTAN A. JOHNSON ON JUDGMENT NO. 11-7284. MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. TRACY L. BRETZ AND SULTAN A. JOHNSON, DEFENDANT CIVIL ACTION LAW NO. 11-7284 IN MORTGAGE FORECLOSURE.; -Y' V / T NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS f._. -, `'G+rY 0-y ?v 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 l day of ?)j (q t 20 / HALLER, ESQUIRE 0 . r MIDFIRST BANK, VS. PLAINTIFF TRACY L. BRETZ AND SULTAN A. JOHNSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-7284 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): TRACY L. BRETZ 17B WEST GLENWOOD DRIVE Y' P CAMP HILL, PA 17011 SULTAN A. JOHNSON 17B WEST GLENWOOD DRIVE = -, F- 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 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 01%. 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 authoritie er PA I.D. #15700 Ptfilcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 15, 2011 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. TRACY L. BRETZ AND SULTAN A. JOHNSON, DEFENDANT(S) TAKE NOTICE: CIVIL ACTION LAW NO. 11-7284 IN MORTGAGE FORECLOSURE A 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 07, 2012 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: 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. 11-7284 JUDGMENT AMOUNT $130,526.36 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 PROPFRTY. 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, 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. TO BE SOLD AS THE PROPERTY OF TRACY L. BRETZ AND SULTAN A. JOHNSON ON JUDGMENT NO. 11-7284. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7284 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: $130,526.36 L.L.: $.50 Interest PER DIEM OF $17.20 TO SALE DATE 3/7/2012 - $2,666.00 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $212.50 Other Costs: LATE CHARGES PER MONTH TO SALE DATE 3/7/2012 - $272.36 ESCROW DEFICIT - $1,892.00 Plaintiff Paid: Date: 11/18/11 Buell, othonotary (Seal) By: Deputy REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 MIDFIRST BANK, VS. PLAINTIFF TRACY L. BRETZ and SULTAN A. JOHNSON, DEFENDANT(S) G C-) IN THE COURT OF COMMON PLEAS (-- =' --i CUMBERLAND COUNTY, PENNSY??' IIA-n = T? rn M z CIVIL ACTION LAW A ? NO. 11-7284 C ? D r) c? ko mot.. IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on I ai j a0 l P , 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: TRACY L. BRETZ 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 SULTAN A. JOHNSON 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 East Pennsboro Township 98 South Enola Drive Enola, PA 1702.5 By PURCE ,RUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES • HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINEKA LISA RYNARD TRACY L. BRETZ AG?kl3PiLfi> i111? 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FAX (717) 234-1206 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 SULTAN A. JOHNSON 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 East Pennsboro Township 98 South Enola Drive Enola, PA 17025 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 divested by the sale and that you have an opportunity to protect your interest, if any, by be' otified of said Sheriffs Sale. By: n P. Haller PA I.D.15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. TRACY L. BRETZ AND SULTAN A. JOHNSON, DEFENDANT(S) TAKE NOTICE: CIVIL ACTION LAW NO. 11-7284 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 07, 2012 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: 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. 11-7284 JUDGMENT AMOUNT $130,526.36 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, 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. TO BE SOLD AS THE PROPERTY OF TRACY L. BRETZ AND SULTAN A. JOHNSON ON JUDGMENT NO. 11-7284. 7196 9008 9111 1391 2985 TO: TRACY L. BRETZ 1713 WEST GLENWOOD DRIVE CAMP HILL, PA 17011 S9NDER: MIDFIRST v. BRETZ REFERENCE: NOS 03/07/12 7196 9008 9111 1391 2992 TO: SULTAN A. JOHNSON 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 UNDER: MIDFIRST v. BRETZ REFERENCE: NOS 03/07/12 RETURN Postage 64 RETURN Postage 64 RECEIPT Certified Fee - RECEIPT SERVICE Certified Fee - SERVICE Return s'aeceipt Fee 2.30 Retum Receipt Fee , Restricted Delivery 4.50 Restricted Delivery Total Postage & Fees p . Total Postage & Fees US Poew Serv"10 POSTMARK OR DATE US Pbf;tai Service* POSTMARK OR DATE Receipt for Receipt for Certified Mail'" Certified Mall"w No Insuranm Coverape Provided No kWmwm Covsraps Pm"dW Do Not Use for Intametbnal Mail Do Not Use for Inter mMml Mail 4 MIDLAND MORTGAGE v. TRACY L. BRETZ SULTAN A. JOHNSON Cumberland County Sale 3/7/2012 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: TRACY L. BRETZ 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 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: SULTAN A. JOHNSON 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 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 1701 7 PITNEY BOWFS 02 1M $ 01.150 0004284324 DEC08 2011 MAILED FROM ZIP CODE 1 7102 1 MIDLAND MORTGAGE v. TRACY L. BRETZ SULTAN A. JOHNSON Ctimberland County Sale 3/7/2012 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 17B WEST GLENWOOD DRIVE CAMP HILL, PA 17011 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: East Pennsboro Township 98 South Enola Drive Enola, PA 17025 P? ?TQQF?r ti !, ®gg a+ MINIV Nowt" 02 IM $ 02.30° Is- 0004284324 DEC OS 2011 MAILED FROM ZIP CODE 1 710 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor i21 Phi 3:11 SUMSEFLi-'%Kj JUf4T`` PENlfSYI_VA,MA Midfirst Bank Case Number vs. Tracy L Bretz (et al.) 2011-7284 SHERIFF'S RETURN OF SERVICE 12/28/2011 05:06 PM - Deputy Gerald Worthington, 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, Cumberland County, PA 17011. 12/28/2011 05:06 PM - Deputy Gerald Worthington, 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: Tracy L Bretz at 17B W. Glenwood Drive, East Pennsboro Township, Camp Hill, Cumberland County, PA 17011. 12/28/2011 05:06 PM - Deputy Gerald Worthington, 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 TRACY BRETZ - GIRLFRIEND, who accepted as "Adult Person in Charge" for Sultan A. Johnson at 17B W. Glenwood Drive, East Pennsboro Township, Camp Hill, Cumberland County, PA 17011. 02/09/2012 Affidavit pursuant to Rule 3129 filed in Sheriffs Office. 02/29/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $784.56 SO ANSWERS, &Z March 21, 2012 RON R ANDERSON, SHERIFF ,rte 7 a ?a6 p Ccunry?ultc 5henfY ieeos?'(. ??, ;. r l HE ' 1 3 C) ifsft 7 20,13 JUL -3 PM 3: 05 CUMBERLAND COUNTY PENNSYLVANIA Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 ihaller @pkh.com MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. No. 11-7284 Civil TRACY L. BRETZ AND SULTAN A. JOHNSON, Defendants IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY: Please mark the judgment entered in the above captioned case satisfied of record, because the mortgage has been reinstated and the default cured. PURCELL, KRUG & HALLER By Leon P.Haller ID #157 0 Attorney for Plaintif Date: July 2, 2013 Ck + SU 0 S-0 r-y- . s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C= Sheriff ttr of Arun art CID t— -T1- Jody S Smith r— Chief Deputy - r— I U) C-) Richard W Stewart T— �r-C:3 Solicitor OFFICE OF TKE SRERIFF V ??C) =0 CD Midfirst Bank Case Number vs. 2011-7284 Tracy L Bretz(et ai.) SHERIFF'S RETURN OF SERVICE 12/28/2012 07:27 PM-Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 17B West Glenwood Drive, Camp Hill, PA 17011, Cumberland County. 01110/2013 05:28 PM-Deputy Noah Cline, 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: Sultan A. Johnson at 17B W. Glenwood Drive, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County. 01/10/2013 05:28 PM-Deputy Noah Cline, 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 SULTAN A. JOHNSON (BOYFRIEND), 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. 021`01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $774.50 SO ANSWERS, March 04, 2013 RbNW R ANDERSON, SHERIFF (c)CcuntySuite Shertff,Teleosoft,Inc.