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HomeMy WebLinkAbout06-4064 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., rd. No. 32227 FRANCIS S. HALLINAN, ESQ., rd. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 137582 MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM NO. Dl.o - 4Ci..l.( C;(.) (tT ~ CUMBERLAND COUNTY v. MUHAMMAD S. SARlC SEAD JUSUFOVIC NKJA SEAD SARlC 30 NORTHVIEW DRNE CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 this 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 claimed in the complaint or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: \37582 . File #: 137582 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34474.9078 2. The name(s) and last known address(es) of the Defendant(s) are: MUHAMMAD S. SARIC SEAD JUSUFOVIC AfKJA SEAD SARIC 30 NORTHVIEW DRNE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/22/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1889, Page: 222. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: \375&2 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2005 through 07/14/2006 (Per Diem $23.41) Attorney's Fees Cumulative Late Charges 11/22/2004 to 07/14/2006 Cost of Suit and Title Search Subtotal $134,848.82 8,146.68 1,250.00 460.24 $ 550.00 $ 145,255.74 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 145,255.74 7. 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 145,255.74, together with interest from 07/14/2006 at the rate of$23.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: ~L;;rC~ slFr nC1S S. Han:J L WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137582 LEGAL DESCRIPTION ALL that certain tract ofland situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in Legislative Route No. L.R. 21032, at line ofland on Lot No.4 on the hereinafter mentioned plan of Lots; thence along Lot No.4 South 18 degrees 51 minutes 58 seconds East three hundred sixteen and thirty-four hundredths feet (316.34 feet) at the point at land now or formerly of Emerson N. Miller; thence along land of Miller South 82 degrees IS minutes 40 seconds West one hundred fifty and seventy-three feet (150.73 feet) to a point at corner of Lot No.2; thence along Lot No.2 North 23 degrees 43 minutes 59 seconds West two hundred sixty and sixteen hundredths feet (260.16 feet) to a point in L.R; thence along Legislative Route 21032 North 60 degrees 12 minutes 20 seconds East one hundred fifty-two and seventy-six hundredths (152.76 feet) to a point; thence still along same North 73 degrees 49 minutes 20 seconds East twenty feet (20 feet) to a point in L.R. 21032, the place of BEGINNING. CONTAINING 1/06 acres and being designated as Lot No.3 according to a subdivision plan of John E. Hurley by Robert G. Hartman, Jr. R.E., dated September 9, 1978 and revised October 26, 1978, recorded in the Office ofthe Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 35, Page 57. BEING part the same premises which Alan H. Herman and Deborah K. Herman, husband and wife, by their Deed dated April 29, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 104, Page 1128, granted and conveyed unto Davie W. Fasick and Angela M. Fasick, husband and wife, Grantors herein. PROPERTY BlENG: 51 SPUR ROAD File #: 137582 , . VRRTFTC'ATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~)~ DATE: '7 )<1 ~ . FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ;q ~ ~ 't U:- ~ - in. B l5~ ~ ~ I- t. -1.... .." ~ .->. \I) -, (. -: ~'-~:~=\ \~ ," ~ \ -- c) PHELAN HALLINAN & SCHMIEG, L.L.P. . By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-4064 MUHAMMAD S. SARIC SEAD JUSUFOVIC AlKJA SEAD SARTC Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MUHAMMAD S. SARIC and SEAD JUSUFOVIC AIKIA SEAD SARIC , Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows; As set forth in Complaint Interest from 7/15/06 to 8/28/06 TOTAL $145,255.74 $1,053.45 $146,309.19 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES AR< HEREBY ASSESSED AS lNDICATEDe . . .fI, DATE: P/~T ~ ~~t.:.. .b~' 7 ( PRO PROTHy,/- PHELAN HALLINAN & SCHMIEG, LLP . By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MUHAMMAD S. SARIC SEAD mSUFOVIC AlK/A SEAD SARIC Defendants : NO. 06-4064-CIVIL TERM TO: MUHAMMAD S. SARIC 1414 BRADLEY DRIVE, #314 CARLISLE, PA 17013 DATE OF NOTICE: AUGUST 18. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff L PHELAN HALLINAN & SCHMIEG, LLP . By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MUHAMMAD S. SARIC SEAD mSUFOVIC AlK/A SEAD SARIC Defendants : NO. 06-4064-CIVIL TERM TO: SEAn JUSUFOVIC A/KJA SEAn SARIC 332 EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: AUGUST 18.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP . By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MUHAMMAD S. SARIC SEAD JUSUFOVIC AlK/A SEAD SARlC Defendants : NO. 06-4064-CIVIL TERM TO: MUHAMMAD S. SARIC 51 SPUR ROAD CARLISLE, PA 17013 DATE OF NOTICE: AUGUST 18.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP . By: Lawrence T. Phelan, Esq., Id. No, 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MUHAMMAD S. SARIC SEAD JUSUFOVIC AlK/A SEAD SARIC Defendants : NO. 06-4064-CIVIL TERM TO: SEAD JUSUFOVIC A!K/A SEAD SARIC 51 SPUR ROAD CARLISLE, PA 17013 DATE OF NOTICE: AUGUST 18. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-4064 MUHAMMAD S. SARIC SEAD JUSUFOVIC AlKJA SEAD SARIC Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIE.O, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions 'Of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MUHAMMAD S. SARIC is over 18 years of age and resides at , 1414 BRADLEY DRIVE, #314, CARLISLE, PA 17013. (c) that defendant SEAD JUSUFOVIC AIKIA SEAD SARIC is over 18 years of age, and resides at, 332 EAST STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ~ -l4. ~ ~ ....0 b . 0 - ~ r - ~ a r-> r) "'" "'V ~; = .." d" :C--n \J ~ ~ -'t)()::: ~ r,'!' f1'~ ~ - 'i:- :Z;'J u') -o(1'J ~ ~ u; v:> :nee Cl (,;;i.~t .',~ ' .... I t:- t~:\ :>"" ~ %.f~;~ -::s: 3rT' <2 ,~.~ ~ .r;:- ~ -<. v:> (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-4064 MUHAMMAD S. SARIC SEAD JUSUFOVIC AlKJA SEAD SARIC Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ .oJ() 200b By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 06-4064 MUHAMMAD S. SARIC SEAD JUSUFOVIC AlKJA SEAD SARIC Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $146,309.19 Interest from 8/28/06 to 12/6/06 (per diem -$24.05) $2,405.00 and Costs TOTAL $148,714.19 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for PlaintifJ Note: Please attach description ofproperty.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be ~old in the, absence ofa representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a'representa"tive of the. plaintiff is not present at the sale. .., .... <:> r- .... < ~ ~.., !oil.... t:i~ ......... ~~ u..r ~~ ~ ~t:i ~ ~~ ... ~> u e ~ I;/) su~ ;j~ ~~ u~ ~'E ~ ~I;/) ~~ ~~ rJl ~t !oil:l .8 ~~ '" ...~ \00 0 ~~~ tr: 1;/)< 01 ;jr- ~ rh~ ~~ ~t e !oil I;/) ~ o~ ..;l~ .;. \~ ~ UZ !oilZ ... ~~ i:Q< \OO:;J ~S ~!oil P- 00 ~! ....... ~ u ~~ ~.., ~ ~~ :;i ......, :;J~ 5~ ~ ~~ i ;,; rJl ~i o~ ~ ~i ~ -i:i ." ~ :::: ~~ ~ ~ ~ ~ cry ~= -'" , ,-- a &~ wQ __1,~ '--J'? 0'''' ..,.. ) ~~ cI: r-ti ... (7"C,.- ;:;;: ..., -~ ... ....... '.J. ..,).. :J~3 ... ... ... ~ cSt, .. .. .. ~ 'T ._ 0 l:(1) i ... bee C'> ... :f wo... }~ ~ ... .. .. ~ ~ ::!UJ c'') ;hJj 0 ... ... \r .. .. ::: u-j:;: :::> .. ..,; 'f; D- \..J ~ ~ t1 :s ...0 a(L:. I' I \ = = """ '\) c B ~ ~ 0 G & 0 I\) ~ ~ () ::r 4 0 ci a lI) 0 . . vi t- o 0 () ~ , ~ - 0"- ()' - - I"t) C"l ~ rg ~ 10 -&,. 1 J1 -f, j <J 40 N ct ""' ~ >Co... - -.J .rt ~ \) cY 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4064 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From MUHAMMAD S. SARIC AND SEAD JUSUFOVIC A/KJA SEAD SARIC (I) 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,309.19 L.L. $.50 Interest FROM 8/28/06 TO 12/6/06 (PER DIEM - $24.05) - $2,405.00 AND COSTS Arty's Cornm % Due Prothy $1.00 Arty Paid $181.20 Plaintiff Paid Date: AUGUST 30, 2006 Other Costs !~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MUHAMMAD S. SARIC SEAD JUSUFOVIC AlKJA SEAD SARIC NO. 06-4064 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff (') ~i ~:7 ~ :55 _c r:' ~8 Z ::;! ...., = = "'" ,.. c= '" w C> ~ 5:! n,:D -ulTi "'6 C:) 1 ...e..j ~ -''-1' ~~?~; Om ?G -< "'" ::x ? .s:- w , -- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MUHAMMAD S. SARIC SEAD JUSUFOVIC AlKJA SEAD SARIC NO. 06-4064 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .51 SPUR ROAD. CARLISLE. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MUHAMMAD S. SARIC 1414 BRADLEY DRIVE, #314 CARLISLE, PA 17013 SEAD JUSUFOVIC AIKIA SEAD SARIC 332 EAST STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r - 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 51 SPUR ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 28. 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff () c -olS ~D(-': 6;;;: [~:: f: .',-" ~8' z ::.! ,.. ." ...., = = "'" ".. c- G5 w o ~ :i!:n m.- -om :uo OL ;:JQ ~._. -:1 :JFi din --.., ?5 -< "'" :::r '2 .s:- w ... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 06-4064 v. MUHAMMAD S. SARIC SEAD JUSUFOVTC AlKJA SEAD SARIC Defendant(s). August 28, 2006 TO: MUHAMMAD S. SARIC 1414 BRADLEY DRIVE, #314 CARLISLE, PA 17013 SEAD JUSUFOVIC AIKIA SEAD SARIC 332 EAST STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 51 SPUR ROAD. CARLISLE. P A 17013. is scheduled to be sold at the Sheriff's Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $146.309.19 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled 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. 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. 3. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2 15) 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a reoresentative of the olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . .... LEGAL DESCRIPTION ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in Legislative Route No. L.R. 21032, at line of land on Lot No.4 on the hereinafter mentioned plan of Lots; thence along Lot No.4 South 18 degrees 51 minutes 58 seconds East three hundred sixteen and thirty-four hundredths feet (316.34 feet) at the point at land now or formerly of Emerson N. Miller; thence along land of Miller South 82 degrees IS minutes 40 seconds West one hundred fifty and seventy-three feet (150.73 feet) to a point at corner of Lot No.2; thence along Lot No.2 North 23 degrees 43 minutes 59 seconds West two hundred sixty and sixteen hundredths feet (260.16 feet) to a point in L.R; thence along Legislative Route 21032 North 60 degrees 12 minutes 20 seconds East one hundred fifty-two and seventy-six hundredths (152.76 feet) to a point; thence still along same North 73 degrees 49 minutes 20 seconds East twenty feet (20 feet) to a point in L.R. 21032, the place of BEGINNING. CONTAINING 1/06 acres and being designated as Lot No.3 according to a subdivision plan of John E. Hurley by Robert G. Hartman, Jr. R.E., dated September 9, 1978 and revised October 26, 1978, recorded in the Office of Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 35, Page 57. BEING part the same premises which Alan H. Herman and Deborah K. Herman, husband and wife, by their Deed dated April 29, 1994 and recorded in the Office of Recorder of Deeds in and for Cumberland County in Deed Book 104, Page 1128, granted and conveyed unto Davie W. Fasick and Angela M. Fasick, husband and wife, Grantors herein. PARCEL IDENTIFICA nON NO; 29-04-0379-092 PREMISES BEING: 51 SPUR ROAD, CARLISLE, PA 17013 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Muhamed Saric and Sead Jusufovic, married individuals, Joint Tenants with the Right of Survivorship, by Deed from Davie W. Fasick and Angela M. Fasick, husband and wife, dated 11/22/2004, recorded 11/24/2004, in Deed Book 266, page 2012. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Davie W. Fasick and Angela M. Fasick, his wife, by Deed from Alan H. Herman and Deborah K. Herman, his wife, dated 04/29/1994, recorded 05/04/1994, in Deed Book 104, page 1128. ,i1ilIIO.... 1" ~ <., -.r\_;, n\c1' %." ~ t':: c;') w c:> :~:;: ,: ~^2\." "2~jt) J;'C 2- 2 . Q, ~~ -oi-r1 -09 ;..') ;-.. ~:::.~Si, ..'.-. -;'1 i'::)6 2m q ~ p -',- -"" 9 :c;- w ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04064 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SARIC MUHAMMAD S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SARIC MUHAMMAD S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND I as to the within named DEFENDANT , SARIC MUHAMMAD S 30 NORTHVIEW DRIVE CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT 30 NORTHVIEW DRIVE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.40 5.00 10.00 .00 _/ 37.40v' cr/:lsf 0 ~ ~ SO~. ~we~~~.~ . /_.../~ .~.--- -~~.~ ,. , .,. - R. Thomas 'ne Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/07/2006 Sworn and Subscribed to before me this day of A.D. ... SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04064 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SARIC MUHAMMAD S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT JUSUFOVIC SEAD AKA SEAD SARIC but was unable to locate Her ln his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , JUSUFOVIC SEAD AKA SEAD SARIC 30 NORTHVIEW DRIVE CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT 30 NORTHVIEW DRIVE THERE IS A TENANT AT THIS ADDRESS - WILLIAM FORSBERG, Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 ,00 5.00 10.00 .00 21.00 v'" q')(,i!l" ~ R, Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/07/2006 Sworn and Subscribed to before me this day of A.D. . ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-04064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SARIC MUHAMMAD S ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SEAD JUSUFOVIC AKA SEAD SARIC the DEFENDANT , at 1704:00 HOURS, on the 28th day of July , 2006 at 332 E STREET CARLISLE, PA 17013 by handing to SEAD JUSUFOVIC a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. 6.00 4.40 .00 10.00 .00 20.40./ tj':/!5-bk ~ Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answer;~~ ~' _ '~~~~1~ R. Thomas Kline 08/07/2006 PHELAN HALLINAN SCHMIEG By: ;/;~.~ ~eputy Sheri f before me this day of A.D. - SHERIFF'S RETURN - REGULAR CASE NO: 2006-04064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SARIC MUHAMMAD S ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SARIC MUHAMMAD S the DEFENDANT , at 1440:00 HOURS, on the 27th day of July , 2006 at 1414 BRADLEY DRIVE APT 314 CARLISLE, PA 17013 by handing to MUHAMMAN S SARIC a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 51 SPUR ROAD IS VACANT. 6.00 4.40 .00 10.00 .00 20.407 q. )..;.o~ Ch- Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r~~ R. Thomas Kline . 08/07/2006 PHELAN HALLINAN SCHMIEG before me this day By: ~vJk~ / Deputy Sheriff of A.D. ... AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTJ~ ~ MORTGAGE ELECTRONIC REGISTRA TJON SYSTEMS, INC. No. 06-4064 P\4~ 131 S-~~ DEFENDANT(S) MUHAMMAD S. SARIC SEAD JUSUFOVIC A/K/A SEAD SARIC ACCT. #669431 SERVE: MUHAMMAD S. SARIC 1414 BRADLEY DRIVE, #314 CARLISLE, P A 17013 Type of Action - Notice of Sherifrs Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to MiA hON\VVl Gld S. Sur I' C . Defendant, on the 1 S + day of ~c>p..J..(M fn"r,-2oo.l; at 2..:0S-, o'clock!.m., at 14P-t ~('CiJky br_ A?+-# 5;1-/ ,Commonwealth of Pennsylvania, in the manner described below: A:>efendant personally served. -'b V Adult family member with whom Defendant(s) reside(s). Name and Relationship is D lA9 Ir, f- ('f> r. Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: '.r.lld{Q>,\ F Description: Age 20-- ~ Height S-' s- It Weight ~ Race Sex _ Other I, -.1 OCI. 'd ~ IoJl.N- ~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. [)~~ EAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 2nd Attempt: / / Time: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 ~c; eX/ AFFIDAVIT OF SERVICE ;-. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, CUMBERLAND COUNTY LLD PLAINTIFF No. 06-4064 . DEFENDANT(S) MUHAMMAD S. SARIC SEAD JUSUFOVIC A/KJA SEAD SARIC ACCT. #669431 SERVE: SEAD JUSUFOVIC A/KIA SEAD SARIC 332 EJ!Iia" STREET CARLISLE, PA 17013 Type of Action - Notice of Sherifrs Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to S~d 0'0,<;' u. .{' au,' ( , Defendant, on the I S; + , 200t!, at J : S" L{ ,o'clock C.m., at :3 'J ? E~ S+. dayof Ser+t'fV\ bt't , Commonwealth of Pennsylvania, in the manner described below: ~efendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age L(~. So Height S- )Q \\ Weight I r-O Race-:!"qj'OSex ~ Other I, tJ 0., ) l 'J 120 be/'+ S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. - By: iJ~~ ICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. S~{/2 ;~. <~ ,sey Pt\T!<-j~" H/\Rf~~IS Commission i:xp:.es June 1;3, 200.) On the day of NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of .200 . Notary: By: Attornev for Plaintiff Daniel G, Schmieg, Esquire 1.0. No. 62205 0<-7' /7 Cl C.. :::..,.: ,.....~.~ .'~ ,-' -n o C) --'~j o ~j r...) f"--"":;' PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Muhammad S. Saric Sead Jusufovic A/KIA Sead Saric No. 06-4064 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, 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 July 18, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 30, 2006 in the amount of $146,3 09.19. A true and correct copy ofthe praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1 03 7(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 Sheriff's Sale on December 6,2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 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 12/06/06 Per Diem $23.09 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $134,848.82 11,375.98 0.00 1,675.00 1,527.00 0.00 0.00 0.00 0.00 0.00 0.00 3.186.36 TOTAL $152,613.16 6. The judgment fonnerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the tenns 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: 1// ?J Oc., ~hmieg,LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Muhammad S. Saric Sead Jusufovic A/KIA Sead Saric No. 06-4064 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants 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 51 Spur Road, Carlisle, P A 17013. The Mortgage indicates that in the event 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. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's 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 Com. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. 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 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff wi II 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 ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount ofthe 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 mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors 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 mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. 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. IV. 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. V. ATTORNEY'S 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 often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. 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: /I /'4. oen Michele M. Bradford, EsqUire Attorney for Plaintiff By: Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHll..ADELPHIA, PA 19103 ~63-7000 131~82 MORTGAGE 2LECl'RONIC REGISTRA nON SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM . No.Dc.. - LfCi,1.{ (3v;tT~ CUMBERLAND COUNIY v. MlJHAl\.1MAD S. SARlC SEAD JUSUFOVIC AIKJ A SEAD SARIC 30 NORTINIEW DRIVE CARLISLE, P A 17013 n c: ~.f ,....., (.-;::;;l CJ r;;;T'o c..... t=- - QD Defendants .'-" " ::...f~.' :' S;:i,.'. .........,.. " -::~'c' :':';"'s,; ..~ ~ :: .r;-: c ...r;," o -ll -4 -.:J:,." r"1p -;::;111 ;~l~~, ;~~.~~ :~ 1,- ...c.; CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 this complaint and notice are served, by entering a written appeararice 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 YO'\J and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or 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 TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO ORTELEPHONE mB OFFICE SET FORTI! BELOW. nus OFFICE CAN PROVIDE YOU wrrn INFORMATION ABOUl' HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICEMA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLB PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 ATTORNEY FILE COPY ,. PLEASE RETURN ...,ve hereby certIfy t1'lt:; within 10 ;;)8 a true and correct copy of the riginal filed of record File I: 1375&2 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ.. Id. No. 32227 FRANCIS S. HALLINAN, ESQ., rd. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHll..ADELPHIA. PA 19103 (215) 563-7000 137582 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF , Plaintiff COURT OF COMMON PLEAS crvIT. DNISION TERM NO. CUMBERLAND COUNlY v. MUHAMMAD S. SARIC SEAD JUSUFOVIC A!KI A SEAD SARIC 30 NORTHVIEW DRIVE CARLISLE.PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 this 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 claimed in the complaint or 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HllUNG ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH lNFORMA TION ABOUT AGENCIES TIlAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service CUmberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 ~. Ce(\\\'J a\\6 t\0'{eU'i a \{\l0 e ""e . \0 be 0\ \~ t~ 'l'I\\,,\n t co~'1 0\ ~eCO Co((ec \ {\\eO , ~\Q\\\'()..\ t File II: 137582 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., rd. No. 32227 FRANCIS S. HALLINAN, ESQ., rd. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 137582 MORTGAGEELECTRONlC REGISTRATION SYSTEMS,lNC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATIORNEY FOR PLAINTIFF . Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. MUHAMMAD S. SARIC SEAD JUSUFOVIC AfK/ A SEAD SARIC 30 NOR1HVIEW DRIVE CARLISLE,PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 this 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 claimed in the complaint or 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, GO TO OR TELEPHONE mE OFFICE SET FORTH BELOW. TillS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HllUNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER., THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIiA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 ~. Ce'{\\\'j ~\\6 t\0(0U'J a \{U0 a ,,~e ~\(\ \0 'O~'1 0\ \~ cot~ 'l'1\~ c'- co,~ ,.l, 0\ ~e ~o((e \ {\\eV . " . ("\'Q.\ t ~\Q\\' File II: 137582 File II: 137582 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIllS OFFICEt BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITlDN THIRTY (30) DAYS OF RECEIPT OF TmS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITIDN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING7 COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE TIDRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO TIDS COMPLAINT IS TO BE FILED IN TillS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE7 NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED TmS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO you. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: TAYLOR, BEAN & WIDTAKER MORTGAGE CORPORATION 1417 NORm MAGNOLIA A VB OCAL~ FL 34474-9078 2. The name(s) and last known addressees) of the Defendant(s) are: MUHAMMAD S. SARIC SEAD mSUFOVIC A/KJA SEAD SARIC 30 NOR1HVIEW DRNE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11122/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1889, Page: 222. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2005 and each month thereafter are due and unpaid, and by the tenus of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and aU interest due thereon are collectible forthwith. File fl.: 137582 6. The following amounts are due on the mortgage: Princi pal Balance Interest 08/0112005 through 07/1412006 (Per Diem $23.41) Attorney's Fees Cumulative Late Charges 11/22/2004 to 07/14/2006 Cost of Suit and Title Search Subtotal $134,848.82 8,146.68 1,250.00 460.24 $ 550.00 $ 145,255.74 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 145,255.74 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence ofDefendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 145,255.74, together with interest from 07/14/2006 at the rate of$23.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: File #: 137582 LEGAL DESCRIPTION ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows. to wit: BEGINNING at a point in Legislative Route No. L.R. 21032, at line ofland on Lot No.4 on the hereinafter mentioned plan of Lots; thence along Lot No.4 South 18 degrees 51 minutes 58 seconds East three hundred sixteen and thirty-four hundredths feet (316.34 feet) at the point at land now or formerly of Emerson N. Miller; thence along land of Miller South 82 degrees 15 minutes 40 seconds West one hundred fifty and seventy-three feet (150.73 feet) to a point at corner of Lot No.2; thence along Lot No.2 North 23 degrees 43 minutes 59 seconds West two hundred sixty and sixteen hundredths feet (260.16 feet) to a point in L.R; thence along Legislative Route 21032 North 60 degrees 12 niinutes 20 seconds East one hundred fifty-two and seventy-six hundredths (152.76 feet) to a point; thence still along same North 73 degrees 49 minutes 20 seconds East twenty feet (20 feet) to a point in L.R. 21032, the place of BEGINNING. CONTAINING 1/06 acres and being designated as Lot No.3 according to a subdivision plan of Jolm E. Hurley by Robert G. Hartman. Jr. R.E., dated September 9, 1978 and revised October 26, 1978, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 35, Page 57. BEING part the same premises which Alan H. Herman and Deborah K. Hennan, husband and wife, by their Deed dated April 29, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 104, Page 1128, granted and conveyed unto Davie W. Fasick and Angela M"Fasick, husband and wife, Grantors herein. PROPERTY BffiNG: 51 SPUR ROAD File #: 137582 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney ror Plaintiff ONE 'PENN CENTER AT SUBURBAN STATION 1611 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103.1814 (2 t 5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION n ~ ~ ~ c, ~ s'"': ~ 'iJ ,'" )>. :e:n C:-" j'~: c":' ,~,~ "J \ (I) rn r- c..:) l:lfn ~;.~~:,' :tl~1 C> ,~'> J. ~<~.; ~~~ .....":- > '.;=Ci 5:~ ~~~I :t: ".j ('t) 5 ~ 'm L) 2' "-1 =z +- ?O (J,) --< Plaintiff, v. NO. 06-4064 MUHAMMAD S. SARIC SEAD JUSUFOVlC AIK1A SEAD SARle . ~~.". f.r"';........ . .... , . . i.1 . '..Jri'H-..'t h'\ j;., . '( ;..;I.'I\~; ; /~'. FA)~;f ;.:~;,.~t. ~~N/"" Defendant(s ). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MUHAMMAD S. SARIC and SEAn JUSUFOVIC AlKJA SEAD SARIC. Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises. and assess Plaintiffs damages as follows: . As set forth in Complaint Interest from 7/15/06 to 8/28/06 TOTAL $145~255.74 $1,053.45 $146,309.19 I hereby certify that (l) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAG.ES ARE HEREBY A. SSESSED AS INDICATED. ~.. . DATE: f\.."... ..... "U:X>t.,. . ~.. : ~, PRO OTH A\ lOi~, NfY f:ilE COpy . PLEASE RETURN Ph~ \~,S6o- VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: 11/40<:0 Phelan Hallinan & Schmieg, LLP BY:~ lchele . Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Muhammad S. Saric Sead Jusufovic AlK/ A Sead Saric Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-4064 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. Muhammad S. Saric Sead Jusufovic A/K/ A Sead Saric 51 Spur Road Carlisle, P A 17013 Muhammad S. Saric 1414 Bradley Drive #314 Carlisle, PA 17013-1272 DATE: )/161. ~ I Muhammad S. Saric Sead Jusufovic AIKJ A Sead Saric 30 Northview Drive Carlisle, P A 17013 Sead Jusufovic AlK/ A Sead Saric 332 East Street Carlisle, P A 17013 By, Michele M. radford, Esquire Attorney for Plaintiff (.J -n ~ ::C-r' r11 f"::; ~? ';_\ \\~~\ r' . ~-, '::~ (fA '.:,~ ;~ (,,' ~ c;.J . SALE DATE: DECEMBER 6~ 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 06-4064 (') t'..j = 0 5'-; c:::> 0-\ .,., Z -I c:) m:n -.;; ,- m r--, W '-.........- ~~) :22 0'0/_; C') (".) CJ in :;:~ 0 ~iJ w -< VS. MUHANNAD S. SARIC SEAD JUSUFOVIC AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 51 SPUR ROAD. CARLISLE. P A 17013. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.c.P. 3l29.2(c) on each ofthe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 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PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MUHAMMAD S. SARIC SEAD JUSUFOVIC AlKlA SEAD SARIC DEFENDANTS : NO.06-4064CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, '''' J. M. L. Ebert, Jr., Michele M. Bradford, Esquire Counsel for Plaintiff Muhammad S. Saric Sead Jusufovic a/kla Sead Saric Defendants ~~ 11",/(,,0(, C)-. bas o I :OII,~V 91 ADN 9DilZ AtJl,flOi\j(}'U.C)cd 31-LL :10 3Jl:HC-(l31I:l PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D, No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Muhammad S. Saric Sead Jusufovic AlKJ A Sead Saric No. 06-4064 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the November 16,2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. Muhammad S. Saric Sead Jusufovic A/KJ A Sead Saric 51 Spur Road Carlisle, PAl 7013 Muhammad S. Saric Sead Jusufovic A!KJ A Sead Saric 30 Northview Drive Carlisle, P A 17013 Muhammad S. Saric 1414 Bradley Drive #314 Carlisle, PA 17013-1272 Sead Jusufovic A!KJ A Sead Saric 332 East Street Carlisle, P A 17013 Phelan Hallinan & Schmieg, LLP DATE: , I/d-o/Ofo Crrrta3e- Michele M. Bradford, Attorney for Plaintiff g i: tIT) .:tt~ .-;;-~.. ~< . ,~t ,<:C' "'P' ~', 'Z'c. 5~ :2 ~ c:::J t::1"" ~ .c: N ex> -0 -:;: N .' ,f:" CD ~ ~. ~ll ~::n %~ .~ ~ , PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard P~iladelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. A ITORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Muhammad S. Saric Sead Jusufovic A1K1 A Sead Saric No. 06-4064 Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on November 8, 2006. fjjl!:j~ Dat ~Esquire Attorney for Plaintiff .. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Muhammad S. Saric Sead Jusufovic AIKJ A Sead Saric No. 06-4064 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages was sent via first class mail to the person on the date listed below: Muhammad S. Saric Sead Jusufovic AIKJ A Sead Saric 51 Spur Road Carlisle, P A 17013 Muhammad S. Saric Sead Jusufovic AIKJ A Sead Saric 30 Northview Drive Carlisle, P A 17013 DATE: Jr:J.j16Jtnp , I Sead Jusufovic A/K/ A Sead Saric 332 East Street Carlisle, P A 17013 /~ " 1}1; . Michele M. Braoford, Esquire Attorney for Plaintiff Muhammad S. Saric 1414 Bradley Drive #314 Carlisle, PA 17013-1272 (") c: ~2',:, l~," ......:> = = <::::"" c::; 1', C; ex> -c r~ o COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which EMC Mtg Corp is the grantee the same having been sold to said grantee on the 6th day ofDec A.D., 2006, under and by virtue of a writ Execution issued on the 30th day of Aug, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 4064, at the suit ofMtg Elec Reg Systems Inc against Muhammad S Saric & Sead Jusufovic aka Sead Saric is duly recorded in Deed Book No. 278, Page 3068. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 31 day of r)..~b ' A.D. ~C>o'1 ~(b.~J~ Recorder of Deeds RecoRlIr of DeIdI, Cumberland County, CadlIIe, PA My ComfnIaIon ~. tie FIrst Mollday of JIn. 2010 Mortgage Electronic Registration Systems, Inc. VS Muhammad S. Saric and Sead Jusufovic a/k/a Sead Saric In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4064 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 15,2006 at 1930 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: Muhammad S. Saric, by making known unto Muhammad Saric personally, at 1414 Bradley Drive, #314, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 16,2006 at 2105 hours, she 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: Sead Jusufovic a/k/a Sead Saric, by making known unto Sead Jusufovic personally, at 146 N. Spring Garden 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. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2006 at 1450 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 Muhammad S. Saric and Sead Jusufovic a/k/a Sead Saric located at 51 Spur Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Muhammad S. Saric and Sead Jusufovic a/k/a Sead Saric, by regular mail to their last known addresses of 1414 Bradley Drive, #314, Carlisle, P A 17013 and 146 N. Spring Garden St., Carlisle, P A 17013. These letters were mailed under the date of October 10,2006 and October 23, 2006 respectively and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf ofEMC Mortgage Corporation. It being the highest bid and best price received for the same, EMC Mortgage Corporation of909 Hidden Ridge Drive, Suite 200, Irving, TX 75038, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,186.20. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 23.26 15.00 15.00 30.00 10.00 .50 1.00 14.08 2.35 15.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 521.00 398.57 15.94 25.00 39.50 $1,186.20 j 01 :;:J.'f>~ So Answers: r~~~ R. Thomas Kline, Sheriff oetP cP~ ?:p' $ ,.50 ~,c'\~"'I\~ ",6 Y C~rf' \t# f MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. .. CUMBERLAND COUNTY ., Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MUHAMMAD S. SARIC SEAD JUSUFOVIC AlKJA SEAD SARIC NO. 06-4064 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .51 SPUR ROAD. CARLISLE. P A 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MUHAMMAD S. SARIC 1414 BRADLEY DRIVE, #314 CARLISLE, P A 17013 SEAD JUSUFOVIC AlKfA SEAD SARIC 332 EAST STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ,. r '- 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 51 SPUR ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 28, 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff .. b 11 :ll diE 8nv qOOZ 'd ')\ll;j~lilJ,~i ,: I J_111J3HS 3/-11 _-JO 1.:3.:10 " 4' .' . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 06-4064 v. MUHAMMAD S. SARIC SEAD JUSUFOVIC AIKIA SEAD SARIC Defendant(s). August 28, 2006 TO: MUHAMMAD S. SARIC 1414 BRADLEY DRIVE, #314 CARLISLE, P A 17013 SEAD JUSUFOVIC AlK/A SEAD SARIC 332 EAST STREET CARLISLE, P A 17013 **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 AND THIS DEBT WAS NOT REAFFIRMED, 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. 51 SPUR ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $146.309.19 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 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. 3. 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 Sheriffs 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 , LEGAL DESCRIPTION ALL that certain tract ofland situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in Legislative Route No. L.R. 21032, at line of land on Lot No.4 on the hereinafter mentioned plan of Lots; thence along Lot No.4 South 18 degrees 51 minutes 58 seconds East three hundred sixteen and thirty-four hundredths feet (316.34 feet) at the point at land now or formerly of Emerson N. Miller; thence along land of Miller South 82 degrees 15 minutes 40 seconds West one hundred fifty and seventy-three feet (150.73 feet) to a point at comer of Lot No.2; thence along Lot No.2 North 23 degrees 43 minutes 59 seconds West two hundred sixty and sixteen hundredths feet (260.16 feet) to a point in L.R; thence along Legislative Route 21032 North 60 degrees 12 minutes 20 seconds East one hundred fifty-two and seventy-six hundredths (152.76 feet) to a point; thence still along same North 73 degrees 49 minutes 20 seconds East twenty feet (20 feet) to a point in L.R. 21032, the place of BEGINNING. CONTAINING 1/06 acres and being designated as Lot No.3 according to a subdivision plan of John E. Hurley by Robert G. Hartman, Jr. R.E., dated September 9, 1978 and revised October 26, 1978, recorded in the Office of Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 35, Page 57. BEING part the same premises which Alan H. Herman and Deborah K. Herman, husband and wife, by their Deed dated April 29, 1994 and recorded in the Office of Recorder of Deeds in and for Cumberland County in Deed Book 104, Page 1128, granted and conveyed unto Davie W. Fasick and Angela M. Fasick, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 29-04-0379-092 PREMISES BEING: 51 SPUR ROAD, CARLISLE, P A 17013 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Muhamed Saric and Sead Jusufovic, married individuals, Joint Tenants with the Right of Survivorship, by Deed from Davie W. Fasick and Angela M. Fasick, husband and wife, dated 11/22/2004, recorded 11/24/2004, in Deed Book 266, page 2012. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Davie W. Fasick and Angela M. Fasick, his wife, by Deed from Alan H. Herman and Deborah K. Herman, his wife, dated 04/29/1 994, recorded 05/04/1 994, in Deed Book 104, page 1128. .. b 11 :ZI diE 9nV QOOl <i,.\ 1 r~ j 1 U ,J '.: iit ._. :~.l 'i 1 .:L~I}33HS 3Hl .::0 3:;i_~UC WRIT OF EXECUTION and/or ATTACHMENT , COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4064 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From MUHAMMAD S. SARIC AND SEAD JUSUFOVIC AlK/A SEAD SARIC (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 $146,309.19 L.L. $.50 Interest FROM 8/28/06 TO 12/6/06 (PER DIEM - $24.05) -- $2,405.00 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $181.20 Other Costs Plaintiff Paid Date: AUGUST 30, 2006 ?! CURTIS R. LONG (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 , Real Estate Sale # 68 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, P A Known and numbered as 51 Spur Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. , Date: September 11,2006 BYJ: "n~ _--1 n tJ~ d-'t vu.....ch Real Estate Sergeant 811 :ZI diE 90V qOOl \I'd 'AIN :; uljd:.:d~!l; .:L:l1C!3HS 3Hl JO 3JU.::lO C"9 I::V;I r::u:a r:::::::a G?) IiVi THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. .,. PUBLICATION COpy S ALE #68 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 .. , ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 I SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumbertand County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 68 'Writ No. 2006-4064 Civil Mortgage Electronic Registration Systems, Inc. vs. Muhammad S. Saric and Sead Jusufovic a/k/a Sead Saric Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract ofland situ- ate in North Middleton Township, Cumberland County, Pennsylvania. bounded and described as follows. to wit: BEGINNING at a point in Legis- lative Route No. L.R 21032, at line of land on Lot No.4 on the herein- after mentioned plan of Lots; thence along Lot No. 4 South 18 degrees 51 minutes 58 seconds East three hundred sixteen and thirty-four hundredths feet (316.34 feet) at the .point at land now or formerly of Emerson N. Miller; thence along land of Miller South 82 degrees 15 minutes 40 seconds West one hun- dred fifty and seventy-three feet (150.73 feet) to a point at corner of Lot No.2; thence along Lot No. 2 North 23 degrees 43 minutes 59 seconds West two hundred sixty and sixteen hundredths feet (260.16 feet) to a point in L.R; thence along Legislative Route 21032 North 60 degrees 12 min- utes 20 seconds East one hundred fifty-two and seventy-six hundredths (152.76 feet) to a point; thence still along same North 73 degrees 49 minutes 20 seconds East twenty feet (20 feet) to a point in L.R 21032, the place of BEGINNING. CONTAINING 1/06 acres and being designated as Lot No. 3 ac- cording to a subdivision plan of John E. Hurley by Robert G. Hartman. Jr. RE., dated Septem- ber 9, 1978 'and revised October 26, 1978, recorded in the Office of Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book ..__~.?' Page 57. .__...._._ BEING Part th which Alan R R e same premises K. Rennan h' ebnnan and DebOrah th . ' us and and eIr Deed dated A' Wife, by recorded in th pril 29, 1994 and e Office f R of Deeds in and ~ 0 ecorder County in Deed Bor CUmberland 1128, granted ook 104. Page DaVie W F . and conveyed unto FaSick, h'us:::~k and ~gela M. ors herein. and Wlfe, Grant- 29_~~~~~_~~~NTIFICATION NO: PREMISES B ROAD CARL EING: 51 SPUR , ISLE, PA 17013 RECORD OWN . TITLE TO S ER VESTED IN M ~D PREMISES IS Sead JusufoVi u amed Saric and als, Joint Ten~ts~~ed indiVidu- SUrvivorship by D the Right of W. Fasick a~d An eed from Davie husband and . gela M. Fasick, 2004 WIfe, dated 11/22/ , recorded 11/2 Deed Book 266 4/2004, in PRIOR DEED page 2012. TITLE TO INFORMATION VESTED IN D SAID PREMISES IS Angela M. Fasi~vi~i: ~asick and from Alan H H ' e, by Deed K. Rennan . . e~an and DebOrah 1994 ' hIS Wife, dated 0.4/29/ , reCorded 05/04 Deed BOOk 104 /1994, in , page 1128.