HomeMy WebLinkAbout10-1868GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866) 413-2311
WWW.GOLDBECKLAW.COM
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FLED, G
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2MMAR 16 h? i l 4 Q
BANK OF AMERICA, N.A.
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
VS.
FEHIM DEDIC
MINA M. DEDIC
Mortgagors and Record Owners
734 Franklin Street
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term 10-1609 Cly%-tTem
No.
IVIL ACTION: MORTGAGE,
f-- CL08V f.
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.
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 SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013 n
717-243-9400
4 ga. oD Po MW
CV-# !Sa&A
CUMBERLAND COUNTY BAR ASSOCIATION ed3gg78
2 Liberty Avenue
Carlisle, PA 17013
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.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
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.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
9400 or 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-
2). 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud aov for Help for Homeowners Facing the Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners
in default. Please See the PHFA website hi ://www.phfa.org/consumers/homeowners/real.aspx.
5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home
Retention options.
6). Foreclosure Resource Center: hiip://www.t)hiladelphiafed.or s/foreclosure/
7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretentionngoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 9400617C.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is BANK OF AMERICA, N.A., 7105 Corporate Drive, PTX C-35 Plano, TX 75024.
2. The names and addresses of the Defendants are FEHIM DEDIC, 734 Franklin Street, Carlisle, PA 17013
and MINA M. DEDIC, 734 Franklin Street, Carlisle, PA 17013, who are the mortgagors and record
owners of the mortgaged premises hereinafter described.
3. On June 29, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to BANK OF AMERICA, NA., which mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County as Book 1998 Page 2263. The Mortgage and assignment(s) are matters of
public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil
Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings
if those documents are matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A" ("Property").
5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid
for January 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such
payments for a period of one month or more, the entire principal balance and all interest due and other
charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance .................. $162,073.99
................................................................
Interest from 12/01/2008 through 01/27/2010 at 8.1250% .....................$15,261.84
Per Diem interest rate at $36.08
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$8,103.70
Late Charges from 01/01/2009 to 01/27/2010 .............................................$791.57
Monthly late charge amount at $60.89
Costs of suit and Title Search (Estimated) ...................................................$900.00
Monthly Escrow amount $778.96
$187,131.10
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an "in nersonam" judgment)
against the
Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property
pursuant to Pennsylvania law.
9.
Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within
the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants
through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $187,131.10,
together with interest at the rate of $36.08, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By:
GOLDBECK M
Michael McKeever P
Gary McCafferty P2
Lisa Lee Pa. ID 78020
tl$TY & MCKEEVER
6129
42386
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
ATTORNEYS FOR PLAINTIFF
VERIFICATION
h Angelica B. Williams
as the representative of the Plaintiff corporation
within named do hereby verify that I am authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities.
Date:
Angelica B. Williams-Asst. Secretary
#94006FC - FEHIM DEDIC and MINA M. DEDIC
734 Franklin Street Carlisle, PA 17013
Ep-xhibit.A
ALL THAT CERTAIN piece or parcel of land situate in the Bomough of Carlisle, County of
Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and
described as follows, to wit:
BEGINNING at the intersection of the western line of 60 feet wide Franklin Street with the
southern line of 60 feet wide "D" Street; thence along the southern line of said 60 feet wide "D"
Street, North 83 degrees 46 minutes West, a distance of 130.5 feet to a point at the dividing line
between Lots Nos. 45 and 46 as shown on the hereinafter mentioned Plan of Lots; thence at right
angles to "D" Street along said dividing line between said Lots Nos. 45 and 46, a distance of
66.3 feet (in prior deeds erroneously recited to be 78.3 feet) to a point in line of land formerly of
Norwood Bretz and now or formerly of Dean E. Stofko and wife, known as 730 Franklin Street;
thence along line of said land now or formerly of Dean E. Sto&o and wife, the following two (2)
courses and distances: (1) South 76 degrees 45 minutes East, a distance of 44.5 feet to an iron
pipe; and (2) South 84 degrees 00 minutes East, a distance of 86.5 feet to a point on the western
line of 60 feet wide Franklin Street; thence along said western line of 60 feet wide Franklin
Street, North 06 degrees 14 minutes East, a distance of 65 feet to a point on the southern line of
60 feet wide "D" Street, at the place of BEGE01ING.
THE ABOVE-described parcel of land is the northern portion of Lots Nos. 44 and 45 (in prior
deeds erroneously recited to be the northern portion of Lots Nos. 45 and 46) on a Plan of Lots
laid out by W. H. Bittinger and recorded in the hereinafter named Recorder's Office in Plan
Book 4, Page 111.
THE ABOVE-described parcel of land has thereon erected a detached dwelling fuse which has
the mailing address of 734 Franklin Street, Carlisle, Pennsylvania 17013.
Exhibit B
ACT 91 NOTICE
DATE OF NOTICE: 02/08/2010
TAKE ACTION TO SAVE YOUR
HOME FROM 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.
This is an official notice that the morta e on our home is in default and the
lender intends to foreclose. Specific information about the nature of the default is rovided in
the attached pages.
-.... iivlvlJL'w vT VL A O 1vivK1SjAUh ASSISTANCE PROGRAM HEMAP ma be
able to help to save your home This Notice explains how the program works
To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 DAYS -OF THE DATE OF THIS NOTICE. Take this
Notice with you when you meet with the Counseling Ag_enc?
V...ll %-,VUjtjjbC;jj,FjV /A ` y encles serum
V01117 County are listed at the end of this Notice If you have any_quest_you m4y call the
Penns lvama Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired
hearing can call (717).780-1869.)
This Notice contains important legal information- If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact any attorney in your area. The local bar association may be able
to help you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion
immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la
perdida del derecho a redimir su hipoteca.
Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center.
701 Market Street
Philadelphia, PA 19106
Fax (215) 627-7734
HomeRetention@goldbecklaw.com
Date: 02/08/2010
Homeowners Name: FEHIM DEDIC and MINA M. DEDIC
Property Address: 734 Franklin Street, Carlisle, PA 17013
Loan Account No.: 871035307
Original Lender: BANK OF AMERICA, NA.
Current Lender/Servicer: BAC HOME LOANS SERVICING, L.P.
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for
mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the
designated consumer credit counseling agencies listed at the end of this Notice.
APPLY FOR EMERGENCY MORTGAGE ASSIST LANCE YOU MUST BRING OUR Nt
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE U-y
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names addresses and f-1-hone numbers of
designated consumer credit counseling agencies fnr rhP 41- - __ -
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications
for the program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your
application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the
counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU
HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA
WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF
FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND
THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER
FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS
EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE
FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 734 Franklin Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:
(a) Monthly payment from 01/01/2009 thru 02/08/2010
(14 mos. at $1,996.66/month) $27,953.24
(b) Late charges from 01/01/2009 thru 02/08/2010
(14 mos. at $60.89/month) $852.46
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $28,805.70
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS M&05.70
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check
certified check or money order made payable and sent to:
Attention: Act Letter Department
BAC HOME LOANS SERVICING LP
c/o Goldbeck McCafferty & McKeever
701 Market Street
Suite 5000
Philadelphia, PA 19106
HomeRetention@goldbecklaw.com
866-413-2311
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to
accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the mortgage in monthly installments.
If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender brings legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If -you cure the default within the THIRTY (30) DAY
Period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale
You may do so by paying the total amount then past due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any costs connected
with the Sheriffs Sale asspecified in writing b the lender and b rformin any re uirements
under the mortgage Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately -.four (4) to six (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to
you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: BAC HOME LOANS SERVICING LP
Address: 7105 Corporate Drive
PTX B-35
Plano, TX 75024-3632
Phone Number: 972-526-6000
Fax Number: 817-230-6811
Contact Person: Michael T. Reukauf
Email: PETA.Program@bankofamerica.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT
HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Contact Person: Michael T. Reukauf
Phone Number: 972-526-6000
HEMAP Consumer Credit Counseling Agencies
Report last updated: 1/29/2010 8:59:47 AM
CCCS of Western PA
4402 Peach Street
Erie, PA 16509
888.511.2227 ext
108
888.511.2227 ext
108
Center for Family Services, Inc.
213 Center Street
Meadville, PA 16335
814.337.8450
Greater Erie Community Action Committee
18 West 9TH Street
Erie, PA 16501
814.459.4581
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
724.981.5310
St. Martin Center
1701 Parade Street
Erie, PA 16503
814.452.6113
CUMBERLAND County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PA Interfaith Community Programs Inc
40 E High Street
Gettysburg, PA 17325
717.334.1518
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DAUPHIN County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DELAWARE County
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park, PA 19078
215.389.2810
American Credit Counseling Institute
175 Strafford Avenue
Suite 1
Wayne, PA 19087
610.971.2210
888.212.6741
American Credit Counseling Institute
526-528 Dekalb Street
Norristown, PA 19401
610.971.2210
888.212.6741
American Financial Counseling Services Inc.
1080 N. Delaware Avenue
Suite 200
Philadelphia, PA 19125
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
405 West Germantown Pike
Norristown, PA 19403
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
175 Strafford Avenue
Suite One
Wayne, PA 19087
267.228.7903
800.490.3039
Page 8 of 21
GOLDBECK MCCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.456129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
for
BANK OF AMERICA, N.A.
7105 Corporate Drive
PTX C-35
Plano, TX 75024
vs.
FEHIM DEDIC
MINA M. DEDIC
Mortgagor(s) and
Record Owner(s)
734 Franklin Street
Carlisle, PA 17013
Fll_ED ?r";'rC? TAY
??? P}?1? 2? P?! 3: t?3
....-. «. scut VANIA
94006FC
CF: 03/16/2010
SD: 09/08/2010
$192,933.93
1N THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
Defendant(s)
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Tenn
No. 10-1868 CIVIL TERM
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (c) (2)
Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of
the Notice of Sheriff Sale was made by:
( Personal Service by the Sheriffs Office/viompefent t (copy of return attached).
( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of
mailing attached).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached).
( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail
attached).
( ) Published in accordance with court order (copy of publication attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by
ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section
4904.
Respectfully submitted,
_ .,.. eo .
BY: Keith C. Halili-- V
Legal Secretary
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J
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Gam"W ut ?r4r;t rfptr
4
VR"4CE OF THE SkGRIFF
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Bank of America, NA Case Number
vs.
Mina Dedic (et al.) 2010-1868
SHERIFF'S RETURN OF SERVICE
06/21/2010 02:39 PM - Noah Cline, Deputy Sheriff, who being duly swam according to law, states that on 6-21-2010
at 1439 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, upon the property of Mina Dedic & Fehim Dedic, located at, 734 Franklin Street,
Carlisle, Cumberland County, Pennsylvania according to law.
06/21/2010 02:39 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on 6-21-2010
at 1439 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Mina Dedic, by making known unto, Mina Dedic,
personally, at, 734 Franklin Street, Carlisle, Cumberland County, Pennsylvania its contents and at the
same time handing to her personally the said true and correct copy of the same.
06/21/2010 02:39 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on 6-21-2010
at 1439 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Fehim Dedic, by making known unto, Mina Dedic,
wife of defendant, at, 734 Franklin Street, Carlisle, Cumberland County, Pennsylvania its contents and at
the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $908.92
July 02, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(cl Q4u^tVB?:iie ShxfF. Telac:.?R_ Inc.
GOLDBECK WCAFFERTY & WKEEVER
BY: Michael T. McKeever
Attorney I.D.456129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6320
Attorney for Plaintiff
BANK OF AME
7105 Corporate L
PTX C-35
Plano. TX 75024
N THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
FEIMM DEDIC
MINA M. DEDI,
Mortgagor(s) a
734 Franklin Stre
Carlisle, PA 170
TION OF MORTGAGE FORECLOSURE
Term
No. 10-1868 CIVIL TERM
Defenda
AFFIDAVIT PURSUANT TO RULE 3129
BANK OF AMERICA, N.A., Plaintiff in the above action, by and through an authorized employee of its
attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was
filed the following information concerning the real property located at:
734 Franklin Street
Carlisle, PA 17013
I .Name and address of Owner(s) or Reputed Owner(s):
FEHIM DEDIC
734 Franklin Street
Carlisle, PA 17013
MINA M. DEDIC
734 Franklin Street
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
FEHIM DEDIC
734 Franklin Street
Carlisle, PA 17013
MINA M. DED1C
734 Franklin Street
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be
sold:
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
MOFFITT HEART & VASCULAR GROUP PC
1000 North Front Street
Wormleysburg, PA 17043
MOFFITT HEART & VASCULAR GROUP PC
C/O Gail Guida Soudees
I I 1 Locust Street
Harrisburg, PA 17101
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and
whose interest may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in
the property which may be affected by the sale.
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.
TENANTS/OCCUPANTS
734 Franklin Street
Carlisle, PA 17013
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of nay personal
knowledge or 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: August 25, 2010
GOLDBECK McCAFFERTY & McKEEVER
BY: Keith C. Halili
Legal Secretary
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
4o'oov at ?itlnGrrl,,,,,
OFFICE OF ?F irERIFF
Or I THELPR THO T RN(
2010 NOV 30 AM 9: 2 7
CUMBERLAND COUNT V
PENNSYLVANIA
Bank of America, NA
vs.
Mina Dedic (et al.)
Case Number
2010-1868
SHERIFF'S RETURN OF SERVICE
06/21/2010 02:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-21-2010
at 1439 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, upon the property of Mina Dedic & Fehim Dedic, located at, 734 Franklin Street,
Carlisle, Cumberland County, Pennsylvania according to law.
06/21/2010 02:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-21-2010
at 1439 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Mina Dedic, by making known unto, Mina Dedic,
personally, at, 734 Franklin Street, Carlisle, Cumberland County, Pennsylvania its contents and at the
same time handing to her personally the said true and correct copy of the same.
06/21/2010 02:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-21-2010
at 1439 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Fehim Dedic, by making known unto, Mina Dedic,
wife of defendant, at, 734 Franklin Street, Carlisle, Cumberland County, Pennsylvania its contents and at
the same time handing to her personally the said true and correct copy of the same.
09/01/2010 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010
10/06/2010 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010
11/23/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney Michael McKeever on 11/22/10.
SHERIFF COST: $796.56
November 23, 2010
SO ANSWERS,
RbNWY- R ANDERSON, SHERIFF
a .ao ,a ?o .
46?jf -7
,/,? s,4?- 7<
Vic) countySuite Sheriff. Teleosoft. Inc
W 6-I3
KMIL Law Group,P.C. ay.µ ,i1:1:R-1110: t' :,•,
Suite 5000-BNY Independence Center `'� J I CJ r
701 Market Street 2t 14 p
Philadelphia,PA 19106-1532 9 1 : 2
215-627-1322 t lBEE ,L A l'� ,
Attorney for Plaintiff PE PS Y �P UJ T'(
BANK OF AMERICA,N.A.
7105 Corporate Drive IN THE COURT OF COMMON PLEAS
PTX C-35
Plano,TX 75024 of Cumberland County
Plaintiff
vs. CIVIL ACTION-LAW
FEHIM DEDIC ACTION OF MORTGAGE FORECLOSURE
MINA M.DEDIC
734 Franklin Street No. 10-1868 CIVIL TERM
Carlisle,PA 17013
Defendant(s)
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Plaintiff,BANK OF AMERICA,N.A.,in the above
captioned matter.
By:
4 LAW GROUP,P.C.
Michael McKeever Pa.ID 56129
_ Jay E.Kivitz Pa.ID 26769
Lisa Lee Pa.ID 78020
Kristina Murtha Pa.ID 61858
David Fein Pa.ID 82628
- Thomas Puleo Pa.ID 27615
_ Joshua I.Goldman Pa.205047
Jill P.Jenkins Pa.ID 306588
Andrew F.Gomall Pa.ID 92382
Salvatore Filippello Pa.ID 313 897
Alyk L.Oflazian Pa.ID 312912
Attorneys for Plaintiff
Date:
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Plaintiff,BANK OF AMERICA,N.A.,in the above captioned
matter.
Date: BY:
lit90i TIE i le��jl7i
PHELAN HALLINAN, LLP LO J lI Attorney for Plaintiff
John D. Krohn, Esq., Id. No.312244 to:
1617 JFK Boulevard, Suite 1400 CUMBERLAND COLL
One Penn Center Plaza PENN$YLWANI A:41-
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
BANK OF AMERICA, NATIONAL
ASSOCIATION
COURT OF COMMON PLEAS
•
Plaintiff CIVIL DIVISION
•
vs. CUMBERLAND COUNTY
FEHIM DEDIC No. 10-1868 CIVIL TERM
MINA M. DEDIC •
Defendant
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance as counsel on behalf of the Plaintiff, BANK OF AMERICA,
NATIONAL ASSOCIATION in the above captioned matter.
Phelan Hallinan, LLP
Date: Zit ON By:
John D. ohn, Esq., Id. No.312244
• Attorney for Plaintiff
Phelan Hallinan, LLP
•
PH#934643
TH O'TF30Pbd0 . .
PHELAN HALLINAN,LLP 2Qjii FEB i Attorney for Plaintiff
John D. Krohn,Esq., Id. No.312244 4t11}: 2g
1617 JFK Boulevard, Suite 1400 CLI IO'ERLAND 00U I
One Penn Center Plaza PENNS YL VA N IAT
Philadelphia, PA 19103
john.krohn @phelanhallinan.com
215-563-7000
BANK OF AMERICA, NATIONAL
ASSOCIATION
Plaintiff • COURT OF COMMON PLEAS
vs.
•
CIVIL DIVISION•
•
FEHIM DEDIC • CUMBERLAND COUNTY
MINA M.DEDIC
No. 10-1868 CIVIL TERM
Defendant
CERTIFICATION OF SERVICE
I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by
regular mail on Defendant(s) on the date listed below:
FEHIM DEDIC MINA M. DEDIC
734 FRANKLIN STREET 734 FRANKLIN STREET
CARLISLE, PA 17013-1865 CARLISLE, PA 17013-1865
Phelan Hallinan, LLP
Date: Z J Ig/I% By:
John D. ohn, Esq., Id. No.312244
Attorney for Plaintiff
Phelan Hallinan, LLP
PH#934643
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Bank of America,N.A. •
COURT OF COMMON PLEAS
Plaintiff •
•
CIVIL DIVISION
•
v. •
NO.: 10-1868 CIVIL TERM
Fehim Dedic •
Mina M. Dedic •
Defendant(s) •
CUMBERLAND COUNTY
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $192,933.93
Interest from 04/30/2010 to Date of Sale $53,257.88
($31.72 per diem)
TOTAL $246,191.81
allinan,LLP
Pau ssman,Esq.,Id.No.318079
Attorney for Plaintiff
Note: Please attach description of property.
PH#934643
5 dgsb?
9 0. cot,
tit a0
P /141.
/Va36/77
t011 4
�.,L Suce-C/
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle,County of Cumberland and
Commonwealth of Pennsylvania,being more particularly bounded and described as follows,to wit:
Beginning at the intersection of the western line of 60 feet wide Franklin Street with the southern line of 60
feet wide'D'Street;thence along the southern line of said 60 feet wide'D'Street,North 83 degrees 46
minutes West,a distance of 130.5 feet to a point at the dividing line between Lots Nos.45 and 46 as shown
on the hereinafter mentioned Plan of Lots;thence at right angles to'D'Street along said dividing line between
said Lots Nos.45 and 46,a distance of 66.3 feet(in prior deeds erroneously recited to be 78.3 feet)to a point
in line of land formerly of Norwood Bretz and now or formerly of Dean E.Stofko and wife,known as 730
Franklin Street;thence along line of said land now or formerly of Dean E.Stofko and wife,the following two
(2)courses and distances: (1)South 76 degrees 45 minutes East,a distance of 44.5 feet to an iron pipe;and
(2)South 84 degrees 00 minutes East,a distance of 86.5 feet to a point on the western line of 60 feet wide
Franklin Street;thence along said western line of 60 feet wide Franklin Street,North 06 degrees 14 minutes
East,a distance of 65 feet to a point on the southern line of 60 feet wide'D'Street,at the place of Beginning.
THE ABOVE-described parcel of land is the northern portion of Lots Nos.44 and 45(in prior deeds
erroneously recited to be the northern portion of Lots Nos.45 and 46)on a Plan of Lots laid out by W. H.
Bittinger and recorded in the hereinafter named Recorder's Office in Plan Book 4,Page 111.
TITLE TO SAID PREMISES VESTED IN Fehim Dedic and Mina Dedic, husband and wife, as
tenants by the entireties by deed from Hasan Hrnjic and Ifeta Hrnjic, husband and wife dated
6/29/2007 and recorded 7/3/2007 in deed book 280, page 4070.
PREMISES BEING: 734 Franklin Street,Carlisle,PA 17013-1865
PARCEL NO.06-19-1643-332
PHELAN HALLINAN, LLP Attorneys for Plaintiff
Paul Cressman, Esq., Id. No.318079
1617 JFK Boulevard, Suite 1400 "
One Penn Center Plaza 1 _ ;U; v CUT,' .
Philadelphia,PA 19103
paul.cressman@phelanhallinan.com
215-563-7000
Bank of America,N.A. : COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
v. : NO.: 10-1868 CIVIL TERM
Fehim Dedic
Mina M.Dedic
Defendant(s) : Cumberland County
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
( ) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
( ) the premises is vacant
(X) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
B
I . allinan,LLP
'aul 1 ressman,Esq.,Id.No.318079
At . ey for Plaintiff
Bank of America,N.A. •
COURT OF COMMON PLEAS
Plaintiff •
U i: , : jCIVIL DIVISION
P,
•
�,'r; ti1�,r, •
NO.: 10-1868 CIVIL TERM
Fehim Dedic •
Mina M.Dedic •
Defendant(s) •
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
Bank of America,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the
Writ of Execution was filed,the following information concerning the real property located at 734 Franklin Street,Carlisle,PA 17013-
1865.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
Fehim Dedic 734 Franklin Street
Carlisle,PA 17013-1865
Mina M.Dedic 734 Franklin Street
Carlisle,PA 17013-1865
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
Fehim Dedic 734 Franklin Street
Carlisle,PA 17013-1865
Mina M.Dedic 734 Franklin Street
Carlisle,PA 17013-1865
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
Commonwealth of PA Dept.of Revenue Bureau P.O.Box 280948
of Compliance Harrisburg,PA 17128-0948
Commonwealth of PA Dept.of Revenue Bureau P.O.Box 280946
of Compliance Harrisburg,PA 17128-0946
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
PH#934643
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.
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
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:
Name Address(if address cannot be
reasonably ascertained,please indicate)
Tenant/Occupant 734 Franklin Street
Carlisle,PA 17013-1865
Domestic Relations of 13 North Hanover Street
Cumberland County Carlisle,PA 17013
Commonwealth of Pennsylvania P.O.Box 2675
Department of Welfare Harrisburg,PA 17105
Internal Revenue Service Advisory 1000 Liberty Avenue Room 704
Pittsburgh,PA 15222
U.S.Department of Justice 228 Walnut Street,Suite 220
U.S.Attorney for The Middle District of PA PO Box 11754
Federal Building Harrisburg,PA 17108-1754
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: Lfl /' By:
Ph(i"
Ha lin. •, LP
Paul m'icta an,Esq.,Id.No.318079
Attorney .r Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH#934643
Bank of America,N.A. : COURT OF COMMON PLEAS
r'1
r Plaintiff : CIVIL DIVISION
t i
YLyi
vs, It : NO.: 10-1868 CIVIL TERM
Fehim Dedic
Mina M.Dedic : Cumberland County
Defendant(s) :
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Fehim Dedic
Mina M. Dedic
734 Franklin Street
Carlisle,PA 17013-1865
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house(real estate)at 734 Franklin Street,Carlisle,PA 17013-1865 is scheduled to be sold at the
Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,
Carlisle,PA 17013 to enforce the court judgment of$192,933.93 obtained by Bank of America,N.A.(the
mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
• 1, If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
'3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
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 LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 10-1868 CIVIL TERM
Bank of America,N.A.
v.
Fehim Dedic
Mina M.Dedic
owner(s) of property situate in the CUMBERLAND County, Pennsylvania, being
734 Franklin Street, Carlisle,PA 17013-1865
Parcel No. 06-19-1643-332
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $192,933.93
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle,County of Cumberland and
Commonwealth of Pennsylvania,being more particularly bounded and described as follows,to wit:
Beginning at the intersection of the western line of 60 feet wide Franklin Street with the southern line of 60
feet wide'D'Street;thence along the southern line of said 60 feet wide'D'Street,North 83 degrees 46
minutes West,a distance of 130.5 feet to a point at the dividing line between Lots Nos.45 and 46 as shown
on the hereinafter mentioned Plan of Lots;thence at right angles to'D'Street along said dividing line between
said Lots Nos.45 and 46,a distance of 66.3 feet(in prior deeds erroneously recited to be 78.3 feet)to a point
in line of land formerly of Norwood Bretz and now or formerly of Dean E. Stofko and wife,known as 730
Franklin Street;thence along line of said land now or formerly of Dean E.Stofko and wife,the following two
(2)courses and distances: (1)South 76 degrees 45 minutes East,a distance of 44.5 feet to an iron pipe;and
(2)South 84 degrees 00 minutes East,a distance of 86.5 feet to a point on the western line of 60 feet wide
Franklin Street;thence along said western line of 60 feet wide Franklin Street,North 06 degrees 14 minutes
East,a distance of 65 feet to a point on the southern line of 60 feet wide'D'Street,at the place of Beginning.
THE ABOVE-described parcel of land is the northern portion of Lots Nos.44 and 45(in prior deeds
erroneously recited to be the northern portion of Lots Nos.45 and 46)on a Plan of Lots laid out by W.H.
Bittinger and recorded in the hereinafter named Recorder's Office in Plan Book 4,Page 111.
TITLE TO SAID PREMISES VESTED IN Fehim Dedic and Mina Dedic, husband and wife, as
tenants by the entireties by deed from Hasan Hrnjic and Ifeta Hrnjic, husband and wife dated
6/29/2007 and recorded 7/3/2007 in deed book 280, page 4070.
PREMISES BEING:734 Franklin Street,Carlisle,PA 17013-1865
PARCEL NO.06-19-1643-332
°F Ma THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
(f7 - l DAVID D.BUELL,PROTHONOTARY
�° 1z)
° One Courthouse Square• Suite100 • Carlisle, PA • 17013
�� "7'"-' (717)240-6195
i www.ccpa.net
BANK OF AMERICA,N.A.
Vs. NO 10-1868 Civil Term
CIVIL ACTION—LAW
FEHIM DEDIC
MINA M.DEDIC
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $192,933.93 L.L.:
Interest FROM 4/30/2010 TO DATE OF SALE($31.72 PER DIEM)-$53,257.88
Atty's Comm: Due Prothy: $2.25
Atty Paid: $1,004.46 Other Costs:
Plaintiff Paid: 1bLJ_
Date: 6/20/2014 �
David D. Buell,Prothonotary
B : i / L/ I/. .
(Seal} -
Deputy
REQUESTING PARTY:
Name: PAUL CRESSMAN,ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BLVD.,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No.318079
•
PLAINTIFF
BANK OF AMERICA, N.A.
DEFENDANT
FEHIM DEDIC
MINA M. DEDIC
SERVE FEHIM DEDIC AT:
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
AFFIDAVIT OF SERVICE
CUMBERLAND COUNTY
PH # 934643
SERVICE TEAM/ Ixh
COURT NO.: 10-1868 CIVIL TERM
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: December 3, 2014
SERVED
Served and made known to FEHIM DEDIC, Defendant on the 3° day of UL.y , 201+ , at
P.00 , o'clock . M., at 734- PAA,&& N S7) U%LI 4>4 in the manner described below:
Defendant personally served.
7 Adult family member with whom Defendant(s) reside(s).
Relationship is SON
_ Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other:
Description: Age I9 Height 5';: " Weight 14S Race vU Sex M Other
.Ronald Moll a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: 7
On the dayof 20 , at
at Y
state thT fendant NOT�'OUND because:
Vacant Does Not Exist
NAME:
PRINTED NAME: Ronald Moll
TITLE: Process Server
NOT SERVED
o'clock _. M., I,
, a competent adult hereby
Moved _ Does Not Reside (Not Vacant)
No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating toc-tsw i
falsification to authorities.
C7 r•.s
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
PLAINTIFF
BANK OF AMERICA, N.A.
DEFENDANT
FEHIM DEDIC
MINA M. DEDIC
SERVE MINA M. DEDIC AT:
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
AFFIDAVIT OF SERVICE
CUMBERLAND COUNTY
PH # 934643
SERVICE TEAM/ Ixh
COURT NO.: 10-1868 CIVIL TERM
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: December 3, 2014
SERVED
Served and made known to MINA M. DEDIC, Defendant on the 3 E6 day of Ttl , 2014 , at
br 06 , o'clock . M., at734. PAM/14M Sr,QRIA sa 154 in the manner described below:
Defendant personally served.
V Adult family member with whom Defendant(s) reside(s).
Relationship is . SDI./ .
_ Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
_ Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other:
Description: Age 19 Height 5'u" Weight 145 Race W Sex M Other
1, Ronald Moll , a competent adult, hereby verify that I personally handed a true and con-ect copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the 'address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: 76 !!if NAME:
PRINTED NAME:
.Ronald Moll
TITLE: Process Scrvcr
NOT SERVED
On the dayof 20 , at o'clock . M:, I,
state that Defendnt NOT FOUND because:
Vacant Does Not Exist
a competent adult hereby
Moved _ Does Not Reside (Not Vacant)
_ No Answer on at at . .
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities. n
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
rn CD
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Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
;LEO OF F!CE
€ E PROTHONOTARY
[[�I� JUL (8 AM 10: 30
CJr1BERL ATO COUNTY
PENNSYLVANIA
Attorney For Plaintiff
BANK OF AMERICA, N.A.
Plaintiff
v.
FERMI DEDIC
MINA M. DEDIC
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 10-1868 CIVIL TERM
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of CHRISTIANA TRUST, A DIVISION OF
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY
BUT AS TRUSTEE OF ARLP TRUST 4.
Date:
n 1(7 (0(
PH # 934643 ,
PHELAN HALL
, LLP
By:
Courtenay R. Dunn, Esq., Id.
Attorney for Plaintiff
.206779
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FILED -OFFICE
GF THE PROTHONOTARY
2014 JUL 18 AM !u: 30
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney For Plaintiff
BANK OF AMERICA, N.A.
Plaintiff
v.
FEHIM DEDIC
MINA M. DEDIC
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 10-1868 CIVIL TERM
PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF
PURSUANT TO Pa.R.C.P., 2352
TO THE PROTHONOTARY:
Kindly substitute CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS
FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP
TRUST 4 as successor Plaintiff for the originally named Plaintiff.
The material facts on which the right of succession and substitution are based as follows:
CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND
SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF
ARLP TRUST 4 is the current holder of the mortgage by virtue of that certain
Assignment of Mortgage, which Assignment was recorded on 03/24/2014 in
Instrument No. 201405856 of the Recorder of Deeds Office in and for
CUMBERLAND County.
Kindly amend theinformation on the docket accordingly.
Date: I R'7 f(('( By:
Courtenay R. Dunn, Esq., Id. No.206779
Attorney for Plaintiff
Sq. 50 PP A'n"i
#1434907
3Q(058
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
BANK OF AMERICA, N.A.
Plaintiff
v.
FEHIM DEDIC
MINA M. DEDIC
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 10-1868 CIVIL TERM
PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF
TO THE PROTHONOTARY:
Please mark the judgment in the above -captioned matter to the use of CHRISTIANA TRUST, A
DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL
CAPACITY BUT AS TRUSTEE OF ARLP TRUST 4, located 1661 WORTHINGTON ROAD,
SUITE 100 WEST PALM BEACH, FL 33409
Date:
PH # 934643
By:
Courtenay R. Dunn, Esq., Id. o.206779
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
BANK OF AMERICA, N.A.
Plaintiff
v.
FEHIM DEDIC
MINA M. DEDIC
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 10-1868 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark
Judgment to CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND
SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST
4, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the
person(s) on the date listed below:
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
Date:
PHELAN Ic%' A� LLP
By:
Courtenay R. Dunn, Esq., Id. No.206779
Attorney for Plaintiff
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
v.
FEHIM DEDIC
MINA M. DEDIC
r i_ED -O
PRO 3Ff H 7
2O I OCT -3 [;;-;1
CL1NBE ��L h,� (,f,
ri f� T�'O�t
4BY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
Defendants
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on March 16,
2010.
2. Judgment was entered on April 30, 2010 in the amount of $192,933.93. A true
and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked
as Exhibit "A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on December 3, 2014.
934643
1
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through August 25, 2014
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Escrow Deficit
Suspense/Misc. Credits
$161,088.28
$66,314.56
$121.78
$3,600.00
$238.00
$264.00
$28,024.84
($28.58)
TOTAL $259,622.88
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiffs attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on September 26, 2014 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "B".
10. No judge has previously entered a ruling in this case.
934643
2
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: /e, fi By:
Phelan Hailinan, LLP
Justin F obeski. Esquire
ATTLt4 EY FO' PLAINTIFF
934643
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
v.
FEHIM DEDIC
MINA M. DEDIC
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
FEHIM DEDIC and MINA M. DEDIC executed a Promissory Note agreeing to pay
principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage
insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on
the Property located at 734 FRANKLIN STREET, CARLISLE, PA 17013-1865. The Mortgage
indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary
sums, including taxes, insurance, and other items, in order to protect the security of the
Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
934643
1
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
934643
2
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant
unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
934643
3
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending Sheriff s sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
934643
4
VI. ATTORNEY'S FEES
The Plaintiff's foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and.
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
•
5
934643
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
934643
6
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
934643
7
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: )0%//Li-
By:
Phelan Hallinan, LLP
Justin
Kobes squire
Atto r ey for Plaintiff
8
934643
Exhibit "A"
In the Court of Common Pleas of Cumberland County
BANK OF AMERICA, N.A.
7105 Corporate Drive
PTX C-35
Plano, TX 75024
vs.
FEHIM DEDIC
MINA M. DEDIC
(Mortgagor(s) and Record Owner(s))
734 Franklin Street
Carlisle, PA 17013
Plaintiff
Defendant(s)
No. 10-1868 CIVIL TERM
1�
PRAECIPE FOR JUDGMENT
CZ.)
C=3
G.:
CD
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 THF PURPOSE
OF COLLECTING THE DEBT.
Enter the Judgment in favor of Plaintiff and against FEHIM DEDIC and MINA M. DEDIC by default for want of
an Answer.
Assess damages as follows:.
Debt
Interest from 04/29/2010 to
Date of Sale per diem at $36.08
Total
(Assessment of Damages attached)
$192,933.93
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was maile
is to be entered and to his attorney of record, if any, after the default oc
filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1
By:
GOLDBEw MCC r ' Y & CKEEVER
Michael McKeeve,Pa ID
Gary McCafferty a. ID 4
Lisa Lee Pa ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
r delivered to the party against whom judgment
d at least ten days prior to the date of the
AND NOW 304.N , abt Q , Judgment is entered in favor of
BANK OF AMERICA, N.A. and against F HIM DEDIC and MINA M. IEDIC by default for w. j of an Answer and
damages assessed in the sum of $192,933.93 as per the above certifica': on.
Exhibit "B"
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
September 26, 2014
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
RE: BANK OF AMERICA, N.A. v. FEHIM DEDIC and MINA M. DEDIC
Premises Address: 734 FRANKLIN STREET CARLISLE, PA 17013
CUMBERLAND County CCP, No. 10-1868 CIVIL TERM
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by October 1s1, 2014.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
Very tr Jy yours,
uati r, o ki, Esq., Id. No.200392
Atte; tt y- for Plaintiff`
Endldsure
934643
Name and
Address
Of Sender
Line
2
IN*
Article Number
****
Taal Number of
Pieces Listed by Sender
Form 3877 Facsimi
e
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
CMS
Name of Addressee, Street, and Post Office Address
TENANT/OCCUPANT
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
Postage
$0.48
RE: FEHIM DEDIC (CUMBERLAND) PH # 934643/1200 Page 1 of 1
Total Number of Pieces
Received al Post Office
Postmaster, Per (Name of
Receiving Employee)
$0.48
$0.96
The fill declaration of value is required on all domestic and international registered mail. The maxin
for the reconsiniclion of nonnegotiable documents under Express Mail document reconstruction instil
piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Express M:
The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See 0,
R900 S913 and S921 for limitations of coverage,
t'J
934643
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
v.
FEHIM DEDIC
MINA M. DEDIC
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
DATE: I021/1'
By:
Phelan Hallin, LLP
J
stin F.
beski, squire
ATT Ids EY FOR PLAINTIFF
934643
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BANK OF AMERICA, N.A.
Plaintiff
v.
FEHIM DEDIC
MINA M. DEDIC
Defendants
RULE
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
AND NOW, this (P. day of Ocfre 64, 2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY T COURT
934643
.../‹-tin F. Kobeski, Esq., Id. No.200392
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
/rEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
es rri.v.itczig—
934643
934643
ur 1-1-_:.-TWT:IC.:-!0-71-..A.n
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.2003191 OCT 2 1 II bATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 cjici3ERL COLp47
One Penn Center Plaza - FiE;:;'!SYLVAtAA
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
vs.
FEHIM DEDIC
MINA M. DEDIC
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 8, 2014 Rule directing
the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the following individuals on the date indicated below.
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
DATE: 0216V
By:
Phelan an, LLP
obeski, Esq., Id. No.200392
y for Plaintiff
934643
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
vs.
FEHIM DEDIC
MINA M. DEDIC
Defendants
rn. ..
7-1All ORNEY FOR PLAINTIFF
_ t
;s
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
MOTION TO MAKE RULE ABSOLUTE
BANK OF AMERICA, N.A., by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on October 3, 2014.
2. A Rule was issued by the Honorable Kevin A. Hess on or about October 8, 2014
directing the Defendants to show cause by October 28, 2014 why the Motion to Reassess
Damages should not be granted. A true and correct copy of the Rule is attached hereto, made
part hereof, and marked Exhibit A.
3. The Rule to Show Cause was timely served upon all parties on October 20, 2014
in accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit B.
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
October 28, 2014.
934643
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE: t(7W/
! l/
Phelan Hallinan, LLP
By: ,Vdvz
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
934643
3
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BANK OF AMERICA, N.A.
Plaintiff
FEHIM DEDIC
MINA M. DEDIC
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND. County
No.: 10-1868 CIVIL TERM
RULE
AND NOW, this 84L day of ( ,-1-t E 2.014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
/4/
3,.
934643
Exhibit "B'
Phelan Hallinan, LLP lit orT
Justin F. Kobeski, Esq., Id. No.200392" A TTO
1617 JFK Boulevard, Suite 1400 CI c:
One Penn CentelPlaza
Philadelphia, PA 19103
justinlobeski@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
vs.
FEHIM DEDIC
MINA M. DEDIC
EY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 8, 2014 Rule directing
the Defendants -to show cause as to why Plaintiffs Motion to Reasses
granted was served upon the following individuals on the date indicated below.
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
By:
rILE uvr
PLEASE F? RN
• obesld, Esq., Id. No.200392
for Plaintiff
934643
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
vs.
FEHIM DEDIC
MINA M. DEDIC
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
DATE: (i7 Cf //1-F
Phelan Hallinan, LLP
By:
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
934643
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BANK OF AMERICA, N.A.
Plaintiff
vs.
FEHIM DEDIC
MINA M. DEDIC
Defendants
Court of Common Pleas
Civil Division -e
rn
CUMBERLAND Cour
-cam
No.: 10-1868 CIVIL T
ORDER
AND NOW, this 16' day of Nay► " , 2014, upon consideration of Plaintiffs
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess
Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance
Interest Through August 25, 2014
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Escrow Deficit
Suspense/Misc. Credits
TOTAL
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
$161,088.28
$66,314.56
$121.78
$3,600.00
$238.00
$264.00
$28,024.84
($28.58)
$259,622.88
Pal to
bedi`c
- c,14 . bed ,c
Copes r ,ied 1'1101/4
EI�G
BY E COURT: 7
^f�
J.
934643
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
vs.
FEHIM DEDIC
MINA M. DEDIC
Defendants
L :', i'cAI 'ORNEY FOR PLAINTIFF
moi, ,
! ri
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
MOTION TO MAKE RULE ABSOLUTE
BANK OF AMERICA, N.A., by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on October 3, 2014.
2. A Rule was issued by the Honorable Kevin A. Hess on or about October 8, 2014
directing the Defendants to show cause by October 28, 2014 why the Motion to Reassess
Damages should not be granted. A true and correct copy of the Rule is attached hereto, made
part hereof, and marked Exhibit A.
3. The Rule to Show Cause was timely served upon all parties on October 20, 2014
in accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit B.
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
October 28, 2014.
934643
2
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE: (` 7W/ / J
Phelan Hallinan, LLP /�
By: Grp' _
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
3
934643
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BANK OF AMERICA, N.A.
Plaintiff
vo:
FEHIM DEDIC
MINA M. DEDIC
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND,. County
No.: 10-1868 CIVIL TERM
RULE
AND NOW, this ZS ' L day of 6,,l €jt 2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
C")
934643
Exhibit "B"
Phelan Hallinan, LLP
fr, ? I P,,vi ir: lAtI
Justin F. Kobeski, Esq., Id. No.200392 - T TORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 C
I
One Penn Centei Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
vs.
FEHIM DEDIC
MINA M. DEDIC
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
Defendants
CERTIFICATION OF SERVICE
1 hereby certify that a true and correct copy of the Court's October 8, 2014 Rule directing
the Defendants -to show cause as to why Plaintiffs Motion to Reasses
granted was served upon the following individuals on the date indicated below.
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
DATE:
By:
Akm4wete
RETURN
itionrci riLcut.ei-
PLEISERET1JRN 1
obeski, Esq., Id. No.200392
ey for Plaintiff
934643
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
BANK OF AMERICA, N.A.
Plaintiff
vs.
FEHIM DEDIC
MINA M. DEDIC
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 10-1868 CIVIL TERM
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
FEHIM DEDIC
MINA M. DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
DATE:
Phelan Hallinan, LLP
By:
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
• )
934643
•
is �f i..,G.1- -F
1' i t
O; E ii� i.1. & r
'CNi7TtiiC;:
1214 DEC 1 1 ft a 1D: 15
cLri/ 3E-imAi.:1? COUNTY
PENNSYLVANIA
LVANiA
PHELAN HALLINAN, LLP
Paul Cressman, Esq., Id. No.318079
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
paul.cressman@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK OF AMERICA, N.A.
Plaintiff
Attorney for Plaintiff
: CIVIL DIVISION
v. : No.: 10-1868 CIVIL
: TERM
FEHIM DEDIC
MINA M. DEDIC
Defendant(s)
NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE
The Sheriffs Sale scheduled for 12/03/20
has been continued until 02/04/2015 at 10:00
Date: /2-//0 /72/
PH # 934643
tioned matter
Pa Cressman, : sq., Id. No.318079
Attorne or Pl . ntiff
w'J
PHELAN HALLINAN, LLP
Paul Cressman, Esq., Id. No.318079
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
paul.cressman@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK OF AMERICA, N.A.
Plaintiff
v.
FEHIM DEDIC
MINA M. DEDIC
Defendant(s)
CERTIFICATION OF SERVICE
Attorney for Plaintiff
: CIVIL DIVISION
: No.: 10-1868 CIVIL
: TERM
I hereby certify that true and correct copies of the foregoing Notice of the Date of
Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s)
on the date listed below:
FEHIM DEDIC
734 FRANKLIN STREET
CARLISLE, PA 17013-1865
Date: /
PH # 934643
iy
MINA M. DEDIC
7
ET
n, Esq., Id. No.318079
Plaintiff