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Home My WebLink About10-4115 F1 I) it THE F+ . _ j.a 2010 Ai°? L t? Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ATTORNEY FOR PLAINTIFF Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 -Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 236502 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS 3415 VISION DRIVE COLUMBUS, OH 43219 CIVIL DIVISION Plaintiff TERM NO. NOMAN AL-MARIFAWI NADIA M. ELRHARD CUMBERLAND COUNTY 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 Defendants c/c?9G3l e File #: 236502 ??? y3 X72 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 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Fite #: 236502 1. Plaintiff is CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/29/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CITIZENS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1809, Page 1129. By Assignment of Mortgage recorded 01 /23/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 705, Page 3163. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 01 /01 /2010 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 #: 236502 The following amounts are due on the mortgage: 6 Principal Balance Interest 12/01/2009 through 04/08/2010 (Per Diem $14.4675) Attorney's Fees Cumulative Late Charges 04/29/2003 to 04/08/2010 Mortgage Insurance Premium / Private Mortgage Insurance Costs of Suit and Title Search TOTAL $86,804.91 $2,170.10 $650.00 $99.75 $38.68 $90,313.44 Plaintiff is nat seeking a judgment of personal liability (or an in pers? onam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 7. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's 8. 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) has/have 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 9. File #: 236502 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $90,313.44, together with interest from 04/08/2010 at the rate of $14.4675 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 A Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 236502 A% -- LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the East side of Hillside Road at the dividing line between Lots 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots 33 and 34, North 71 degrees 51 minutes 48 seconds East, a distance of 25 feet to a point; thence continuing along the dividing line between Lots 33 and 34, North 74 degrees 35 minutes 22 seconds East, a distance of 105.13 feet to a point at line of land now or late of Charles T. Diffenderfer; thence along said property line, South 18 degrees 12 minutes 27 seconds East, a distance of 45 feet to a point at the dividing line between Lots 32 and 33; thence along said dividing line, South 71 degrees 51 minutes 48 seconds West, a distance of 130.07 feet to a point on the East side of Hillside Road; thence along the East side of Hillside Road, North 18 degrees 08 minutes 12 seconds West, a distance of 50 feet to a point, the place of BEGINNING. BEING Lot No. 33 on the Subdivision Plan of New Cumberland Homes, recorded in the Recorder of Deeds Office of Cumberland County in Plan Book 41, Page 150. HAVING THEREON ERECTED a brick dwelling house known and numbered as 425 Hillside Road, New Cumberland, Pennsylvania 17070. PARCEL NO. 25-25-0008-014 PREMISES: 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 File #: 236502 .V.- The undersigned attorney hereby states that I am the attorney for the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ey for Plaintiff DATE: -- (0 (142 1 VQ File #: 236502 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~E± c~ ~.:--: Ronny R Anderson ~~~_, Sheriff ~Q`43ytrot+~rt+r+ber/,~~~~ ~~ -,-;~`?V ., Jody S Smith ., _ , Chief Deputy , ' ~ ~ ~ '' ~~ ~- - ~ ~ ~' i ~ ~ ~+ r Richard W Stewart r ;~, t Solicitor ~-,G~ . E ~ -..~ : ~s~r~~ C;,:~. _. ~ ~'_ ,:,~JI" Chase Home Finance LLC Case Number vs. 2010-4115 Norman AI-Marifawi (et al.) SHERIFF'S RETURN OF SERVICE 06/26/2010 Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2010 at 0925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 425 Hillside Road, New Cumberland, PA 17070, by making known unto Cynthia Harkins, current resident of 425 Hillside Road, New Cumberland, Cumberl Co ty, Pennsylvania 17070 its contents and at the same time handing to her personally the s tr an rrect copy of the same. MARK CONKLIN, DEPUTY 07/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Nadia M. Elrhard, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Nadia M. Elrhard. The New Cumberland Postmaster has advised Nadia M. Elrhard's new address is 2508 Zapata Drive, Arlington, TX 76015. 07/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Norman AI-Marifawi, but was unable to locate him in hi: bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Norman AI-Marifawi. The New Cumberland Postmaster has advised Norman AI-Marifawi's new address is 2508 Zapata Drive, Arlington, TX 76015. SHERIFF COST: $85.30 July 06, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) GouivtySuite Shent~. Te~~cs:~fl~. Irc. • f f , y~ -r~,r ~ i I ~~~ 2a-a~~~~. r3 ~:~~E~: C~t~~~ - ~U~1~1' Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 /Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. NOMAN AL-MARIFAWI NADIR M. ELRHARD Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4115 CIVIL CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 236502 i t , Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff ^ Lawrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 8176() ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Brambiett, Esq., Id. No. 208375 Date: 7-8-10 PHS #: 236502 VERIFICATION Beth Cottrell hereby states that he/she is Vice President of, CHASE HOME FINANCE LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. 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: '~ ~ File #: 236502 Name: Beth Cottrell Title: Vice President Servicer: CHASE HOME FINANCE LLC Name: AL-MARIFAWI Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. NOMAN AL-MARIFAWI NADIR M. ELRHARD Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4115 CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: NOMAN AL-MARIFAWI 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 PHS #: 236502 NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Ul~~ " ^ Lawrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-8-10 PHS #: 236502 \.! -~ ( _ '~ AFFIDAVIT OF SERVICE -1 ''~ ~ - ~~ ~ PLAINTIFF CUMBERLAND COUNTY _ ~ c"° - ~ "' ~ ~~- CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN ' =" W MORTGAGE CORPORATION PHS # 236502 c:a DEFENDANT SERVICE TEAM/ arm ~ ~~` ,: ~ =( NOMAN AL-MARIFAWI COURT NO.: 10-4115 CIVIL ". •, '' '~ "~"- NADIA M. ELRHARD ~ ~- `-1 ; SERVE NOMAN AL-MARIFAWI AT: TYPE OF ACTION - .. 2508 ZAPATA DRIVE XX Mortgage Foreclosure ARLINGTON, TX 76015-1340 XX Civil Action SERVED Served and made known to NO AN AL-MA A ndant on the ay ofTi ~~. , 20 ~, at ,~ o'clock M., a , in the manner described below: Defendant personally served. ~) _ Adult family member with whom Defendant(s) reside(s~. Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: r '` Description: Appge ~~ Height 5 t o Weight"fQ Rac~~~x ~ Other I, ~~ fem. ~e,~a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the addr ~~``Y P`~; CATHYE IdORENO Sworn to and subsc d =*: •*` MY COMMISSION EXPIfiE5 befo me this ay ' ±;~ •~.t~•~ February 7, 2012 of , 20 ~~ /~ ~ e ~, Not c„ ~ ~~ NOT SERVED JC, On the day of , 20_, at o clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer on at at .Service Refused ' _ Other: Sworn to and subscribed before me this day of ~~ By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phebm, Esq., Id. No. 32227 Franck S. HaBinan, Esq., ld" No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Mkhde M. Bradford, Esq., ]d. No. 69849 Judith T. Romano, Esq, Id. No. 58745 Sh¢tlal R Shah-Jani, Fsq., Id. No. 81760 Jenire R Davey, Esq., Id. No. 87077 Lauren R Tabs; Esq., W. No.93337 Vivek Srivastava, Esq., Id. No.202331 Jay B. )ones, Esq., Id. No. 86657 Peter J. Muknhy, Esq., Id. No. 61791 Andrew 1. Spivack, Esq., W. No. 84439 Jaime McGuinnem, Esq.. Id. No. 90134 ChrkovaleMe P. FBakos, Esq., Id. No. 94620 Jasbua 1. Goldman, Esq., Id. No. 205047 Comicaay R Dunn, Esq., Id. No. 206779 Andrew C. BtambletyF~~ Id. No. 208375 One Prno Center sl S~arban Station 1617 John F. Krnnedy Blvd., SuNe 1400 Phihdelphia, PA 19103.1814 (215)563-7000 PLAINTTFF CHASE HOME FINANCE LLC, S/B/M TO CHASE 114ANHATTAN MORTGAGE CORPORATION DEFENDANT NOMAN AL-MARIFAWI NADIA M. ELRHARD SERVE NADIA M. ELRHARD AT: 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 PHS # 236502 SERVICE TEAM/ arm COURT NO.: 10-4115 CIVIL TYPE OF ACTTON XX Mortgage Foreclosure XX Civil Action SERVED - Served and made known to N IA . ELRH D , Defe nt on the !~ day of 20 ~.Q, at 7 ~ ,o'clock M., at , in the manner describe belo Defendant ersonally served. '~'',,~~, _ Adult family member with whom Defendant(s) reside(s~ Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age ~ Height ~~ Weight _~ Race~ll~l~ex ~ Other I,,~~ ~•~~,~competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the dicaieil.ahai .`,may I,.~~ Sworn to ands sc ''~ '= CATHYE IdORENO `y`' *- MY COMMISSION EXPIRES ~ ~ ,~, bef re a this ay ~~',., m' ~rn~j'W/ ~lJ of , 20 ' „p~„~'~ February 7, 2012 t/~ Not ~„~'~-1 - I~ IKJI~ ~C~ ~~ NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer on at ~ at Service Refused Other: Sworn to and subscribed before me this day of ~~ By: Notary: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY ATTORNEY FOR PLAINTIFF Lawrence T. Phelow, Esq., ld. No. 32227 Flancb 5. Flalfnm, Esq., W. No. 62695 Datdel G. Schmieg, Esq., td. No.62205 Midtek M. Seadyord, Esq., !d. No. 69549 Judith T. Romano, Esq., Id No. 58745 Sheefal R SAaA-Jaai, F_tq., 1d. No. 81760 Jenh~e R Ilavey, Esq., Id. No. 87077 Lauren R Tahas, Esq., ~. No.93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86651 PeterJ. Mulcahy, Esq., Id. No.61191 Andrew L SpWacic, Esq., Id. No. 84439 Jahne McGninmea, Esq., Id. No. 90134 Chtisowhmle P. FBahas, Esq., Id. No. 94620 Jaebua L GoNmmn, Esq„ Id. No. 205047 Conrtarey R Iimt4 Faq., Id. No. 206779 Andrew C. Bcamblels Faq., ld. No. 208375 One Pane Center at barbot Statba 1617 John F. Keaoedy Bkd., SuSe 7400 Phlhdetplda, PA 19103-1814 (215) 5637000 Phelan Hallinan & Schmieg, L LP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendant Attorney For Plaintiff Court of Common Pleas Zw w r J : Civil Division <)> r- ?cj c: - Cumberland County zo car;, C Cn No. 10-4115 CIVIL 7i PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly substitute JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: JPMOR(AN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION is now JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION. Kindly amend the information on the docket accordingly. Date: ? Ur H INAN & SCHMIEG, LLP ,J? J 1 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Q William E. Miller, Esq., Id. No. 308951 /1 $0,00'F a? Melissa J. Scheiner, Esq., Id. No. 3089t 'L. ? Lji Attorneys for Plaintiff cv-% # 236502 ef:? cIL4918Y Phelan Na.ll!na.^. & N?ch?nieg, !_.L.N 1617 JFK Boulevard, Suite 1100 ` One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendant Attorney For Plaintiff Court of Common Pleas • .? . Civil Division rn IC 7 ^ r Cumberland County -> ?z " No. 10-4115 CIVIL :PP C) 2 c f . ?` z PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M to CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION located at 10790 Rancho Bernardo Road, San Diego, CA 92127. Date: H AN HjkLLINAN & SCHMIEG, LLP By; Lawrence T. Phelan, Esq., : No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 3089 Attorneys for Plaintiff PHS # 236502 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. Date: HE N INAN & SCHMIEG, LLP By: /- Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308 Attorneys for Plaintiff PHS # 236502 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County NOMAN AL-MARIFAWI No. 10-4115 CIVIL NADIA M. ELRHARD Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to,IPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 Date: ' - By: Lawrence T. Phelan, Esq., I No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 3089T2--? PHS # 236502 Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO COURT OF COMMON PLEAS CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: 10-4115 CIVIL V NOMAN AL-MARIFAWI CUMBERLAND COUNTY NADIA M. ELRHARD Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: -? Amount Due $92,324.42 f p? Interest from 08/26/2010 to Date of Sale $11,263.56 :> E .. ($15.18 per diem) r: TOTAL $103,587.98 m P elan Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS # 236502 Ss _+a8.5o p o A 7 Tom/ 85.30 Cgf' Do " q01 . 1q. oo N 8 oo a. so a30. - PO Am/ 4'a. as bjea •50 L? L C* 11gA57`7 0',MO" PP, Writ- C4 V a a w u z b w > ? M M 53 3 E c) r) MHz w?-z oz 3 ¢N? ¢¢o N z o Q o m O b o ¢ ¢ zN¢ oQ ?o U U Ow 0 C) ? a o a zo a oo az w o Oz Gz, 0 v1 ? ?+ ? ? o .fie w W ej x Q U Q W x? 04 nc? Oa QU•° awl W o ° U? ?Oa QQQ ??" ? ? o ?U > zz P, w a °¢ PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4115 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa. B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: an Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff , ` C:= '' My: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4115 CIVIL CUMBERLAND COUNTY PHS # 236502 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863. 1. Name and address of Owner(s) or reputed Owner(s): - Name Address (if address cannot be reasonably -? ascertained, please so indicate) f T l C-_ r-- NOMAN AL-MARIFAWI 2508 ZAPATA DRIVE== ARLINGTON, TX 76015-1340 <> NADIA M. ELRHARD 2508 ZAPATA DRIVE -- ARLINGTON, TX 76015-1340 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PSECU P.O. BOX 67013 HARRISBURG, PA 17106 PSECU C/O FISERV LENDING SOLUTIONS PO BOX 2590 CHICAGO, IL 60690 PSECU C/O SLOANE TUCKER P.O. BOX 67013 HARRISBURG, PA 17106 PSECU C/O UNITED GENERAL TITLE INS FISERV-27 INWOOD RD ROCKY HILL, CT 06067 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: .31A By: elan Hallinan & Schmieg, LLP 'John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff NOMAN AL-MARIFAWI NADIA M. ELRHARD VS. Defendant(s) : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4115 CIVIL CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NOMAN AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 C7 Z?- "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $92,324.42 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230- 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the East side of Hillside Road at the dividing line between Lots 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots 33 and 34, North 71 degrees 51 minutes 48 seconds East, a distance of 25 feet to a point; thence continuing along the dividing line between Lots 33 and 34, North 74 degrees 35 minutes 22 seconds East, a distance of 105.13 feet to a point at line of land now or late of Charles T. Diffenderfer; thence along said property line, South 18 degrees 12 minutes 27 seconds East, a distance of 45 feet to a point at the dividing line between Lots 32 and 33; thence along said dividing line, South 71 degrees 51 minutes 48 seconds West, a distance of 130.07 feet to a point on the East side of Hillside Road; thence along the East side of Hillside Road, North 18 degrees 08 minutes 12 seconds West, a distance of 50 feet to a point, the place of BEGINNING. BEING Lot No. 33 on the Subdivision Plan of New Cumberland Homes, recorded in the Recorder of Deeds Office of Cumberland County in Plan Book 41, Page 150. TITLE TO SAID PREMISES VESTED IN Noman Al-Marifawi and Nadia M. Elrhard, h/w, by Deed from Noman A1-Marifawi, dated 07/20/2005, recorded 07/28/2005 in Book 270, Page 566. PREMISES BEING: 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 PARCEL NO. 25-25-0008-014 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4115 CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION vs. NOMAN AL-MARIFAWI NADIA M. ELRHARD owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 Parcel No. 25-25-0008-014 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $92,324.42 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-4115 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, s/b/m to CHASE HOME FINANCE, LLC, s/b/m to CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From NOMAN AL-MARIFAWI and NADIA M. ELRHARD (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: $92,324.42 L.L.: $.50 Interest from 8/26/10 to Date of Sale ($15.18 per diem) -- $ //, .21.3. 516 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $230.30 Other Costs: Plaintiff Paid: Date: 6/l/2012 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 j .I -D-OFFICE T HONOTARY ul= 1 i ri PRO 21 2 JUL -9 AM 9: 31 CUM 3 -RLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division CUMBERLAND County No.: 10-4115 CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct 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 June 18, 201q. 2. Judgment was entered on August 27, 2010 in the amount of $92,324.42. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 2365 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 5, 2012. 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 September 5, 2012 Per Diem $14.23 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $86,804.91 $14,408.03 $99.75 $1,300.00 $1,357.50 $409.30 $936.22 $6,765.02 $112,080.73 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy its proposed Motion to Reassess Damages and Order to the Defendant on June 29, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 2365 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: _ -7(p Phelan Hallinan & Schmieg, LLP By: lip Courtenay R. Dunn, Esquire ATTORNEY FOR PLAINTIFF 236 Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants No.: 10-4115 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE NOMAN AL-MARIFAWI 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 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender promised monthly mortgage payments. Accordingly, after it was clear that the default would not 2365 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 action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed outdated and need to be adjusted to include current interest, real estate taxes, insurance premii costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortl in order to protect its interests. It is also appropriate to give Defendants credit for mor payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaran ty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to prote 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 if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule th; a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. Th Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principa 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 mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 2365 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of i to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s 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. 2365 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. Vl. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent include( in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 2365 Really, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice o sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129. and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 23651 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured.by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 236 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for 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: Phelan Hallinan & Schmieg, LLP By: Courtenay R. Dunn, Esquire Attorney for Plaintiff 236 Exhibit "A" N Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. N FOMMA" Jenine R. Davey, Esq., Id. No. 87 . x' Lauren R. Tabas, Esq., Id. No. 93r ? Vivek Srivastava, Esq., Id. No. 2 1 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Braniblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION VS. NOMAN AL-MARIFAWI NADIA M. ELRHARD 4 T- is '-? w w CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4115 CIVIL S, PRAECIPE FOR IN i =-INT NT A)R FAILURE TO ANSWER AND A OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NOMAN AL-MARIFAWI, and NADIA M. ELRHARD, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: 236502 As set forth in Complaint $90,313.44 Interest - 04/09/2010 to 08/25/2010 $2,010.98 TOTAL $92,324.42 .I hereby certify that (1) the Defendant's last known address is 2508 ZAPATA DRIVE, ARLINGTON, TX 76015-1340, and mortgaged premises located at 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863, and (2) that notice has been ' n in accordance with Rule 237.1, copy attached. U Lawren e T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 6984' ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 8176( ? Je ' e R. Davey, Esq., Id. No. 87077 ? ,Xhuren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 9' ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 20677 ? Andrew C. Bramblett, Esq., Id. No. 2083 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8 017 10 _ PHS # 236502 PROTHONOT. '5 236502 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 29, 2012 NOMAN AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. NOMAN AL-MARIFAWI and NADIA M. ELRHARD Premises Address: 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 10-4115 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly, Very truly you J Co?enayy R. D , Esquire Attorney for Plaintiff Enclosure 236502 ?ocCI?Z?o t$ kA o 6 ? O O? E u o y E u ? w '? ..V. N .5p 8w`? o o ?w ? G H O a M ? N ?? N if xx x a Q? b d o v M W Ci ? o O ? u g 4 W N b O °f a C OR O ? ?? ? ? ° --1 p . CC M a G 4 r A ?D d d w d ?a ?c ? ?wFO ? ? 2 CQ p 41 u Z q a?Oa. Z z zN zz?z Hx i z * b d ? ' Q h N Of ?pp' A D N z Q O ..a ,., N O M N 1 Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4115 CIVIL 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, NOMAN AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 Phelan Hallinan & Schmieg, LLP DATE: _ 7&1O r- By: Courtenay R. Dunn, Esquire ATTORNEY FOR PLAINTIFF 23651 F!LEU-OFF!C-L RE PROTNa" OTA'i - 2012 JUL 12 AM 8: 49 CUMBERLARD COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants No.: 10-4115 CIVIL RULE AND NOW, this 6l day of ??? l 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. PN-ME COURT J. 236502 Courtenay R. Dunn, Esq., Id. No.206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 NOMAN AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 (.lop;PS Jka.. e/ 7//x//2 236502 236502 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants ATTORNEY FOR PLAINTIFF j i Court of Common Pleas Civil Division ` rn w a L c _ CUMBERLAND Co o c No.: 10-4115 CIVIL z CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. NOMAN AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 NOMAN AL-MARIFAWI NADIA M. ELRHARD 2521 MARKLAND ST IRVING, TX 75060-6871 DATE: ?1- NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 Phelan Hallrai Schmieg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 2365 ra. Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4115 CIVIL MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORA by and through its attorney, hereby petitions this Honorable Court to make Rule to Show absolute in the above-captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on July 9, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a of its proposed Motion to Reassess Damages and Order to the Defendants on June 29, 2012 requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. A Rule was issued by the Honorable Albert H. Masland on or about July 11, 201 directing the Defendants to show cause by July 31, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on July 19, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. Defendants failed to respond or otherwise plead by the Rule Returnable date of July 31, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Ph lan H linan & ieg, LLP DATE: By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 236 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 29, 2012 NOMAN AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. NOMAN AL-MARIFAWI and NADIA M. ELRHARD Premises Address: 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 10-4115 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, C?, `tcaa'Y R. emu, Esquire Attorney for Plaintiff Enclosure 236502 N O N M N O ?i ?o bA x0.° G a ?O O a i7 Z Q ? I E `? E VE E R.5 E q ` V C 33 V) k c ? • U W U q O d' Q Q? ? q T 6 O v y O N U O r'? q E E ?w B U U w ? C ? O p •d '0 O S L W w ? ? w O ry d ? 0 O V V O N C O TFp IN OO dpi 6?C. O w d C 'u ' ON ? ? O 'q b N y J C E'1 e M `? ? 6 v7 H u V x a 14 L "0 'C O w O ? ,o o a . d W r tA 1 ? ?yy Q? s ? W ?AH '? iY, a tog a x3 z Z> Z Z z a Z Z N z N a? E * b w? za Exhibit "B" ?L r BIZ JUL 12 (IMBERLAND PEN f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4115 CIVIL NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants RULE AND NOW, this Lj day af_ : ' 2012, a Rule is entered upon the t to show cause why an Order should not be entered granting Plaintiff's Motion to Damages. Defendants shall have twenty (20) days from the date of this Order to file a response .o Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 2 Courtenay R. Dunn, Esq., Id. No.206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 NOMANI AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 2365 Exhibit "C" Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N ?jl?1T?`#? . .; ASSOCIATION, S/B/M TO CIAI> 14CtM1: FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs, NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division C UMBERLANIP?- U,l?w rv No.: 10-4115 CIV CERTIFICATION OF SERVICE I hereby certify that a true and c;orrect,copy of the Court's July 12, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. NOMAN AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 NOMAN AL-MARIFAWI NADIA M. ELRHARD 2521 MARKLAND ST IRVING, TX 75060-6871 DATE: _______ - - 0- NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 Phelan Hallii)q _C. chfnieg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 236 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4115 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule were served upon the following individuals on the date indicated below. NOMAN AL-MARIFAWI NADIA M. ELRHARD 2508 ZAPATA DRIVE ARLINGTON, TX 76015-1340 NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 NOMAN AL-MARIFAWI NADIA M. ELRHARD 2521 MARKLAND ST IRVING, TX 75060-6871 helan allinan ieg, LLP DATE: d By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 236 .~ PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ,,. `.a~~ ~7~a~~~r~ ~a~~l~ Attorney for Plaint{~ ~~~i { ~ ~~ { ~ 47 {1Mf3ERLAND CO NTY ~`~~~SY~V~N~A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff, CIVIL DIVISION v. No.: 10-4115 CIVIL NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit ""~-- Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not presf at the sale. PHS # 236502 ~ ,~ ~, _ ~o 00 ~ o~ to ja w n> .. a ~ a aZ+ r, 7 ' cc Via ~ H S _.__.._ _.~._.....__ cn ~ tc __ ~. !? Q ~ ~ a ~ a ~ "' ~ n %~ %• D' N ti ~~ ~ m O N E C C `4 0~ ~.~ d f7 f7 w c'1 d~ ~'~'~ ;'b b n `0'!S ~'C b Z A..3 Z O "b ii ~ oon.~nv~ ~ o~ ~ p~ c ~ c o p~~m tn~ pv,m Oto~~~m ^ o~~ z I.. ' ~ ~ v, e ~ 's W ~ Z ~ ~ ~ 't 0 [n .: CrJ `ti rrJ • ~ co ~ ~ y Y d c r• ~ v; Cd ~ 9 y.• ~ ~ T 7C 7~ C H' to n f j ~ C~ ~~-,• CG n ~ x y ~ 'ti ~ ~ .~ ~ y .~ ~ o °g ~"b~~c`.~e 3 ~"~`~ ~ ~ m '0~ a ~ x~p.~ op©~p.' c ~~'paµ'C~bo~ ~y y~A~ ~ -~,~ YYo '9cno,.^ io c7 c;. rzC'b..rn'"o~'TJI..~ ~C7f~a a ~w ~"'~... "0° o cn~ ^' i ~° o~ ° ~ n~z~wrpor. C~/7 Yw ~~~C~ =° ~ o ~ K ~' ..y N C ~ ~,,, M ^*~ W ~ O y y p o-"3 ~a+ ~ Q~i ~ J r ~ *b ~ '0 .Ni ~' ~o°o c ~o ~ Nm .~ o m ~ ,..,.~ o optrlo Zoo .bc ~'Oy~ ~ rs.~ ~ ei ~ o ~' ~ f9 ~ ~ -~ c ~ ~ ~ ~ c < °~ C b Z ~ w c ~ o Z Y+ Uo m ~ c ~ c a. ? t~7 X d '; .. ~ o r C^ ~ ~ o a`i ~ ~ n ' J a ° 'rv as m s ,.,., p oo '* s -- o R3 ~ ,y r C w O t~ -~ °, ~ ~ Z _ ~ C ~ ~' a ~~ ~ ~ ~~_ - ~~ a w ~ ~ g ~~ ~ n d=~~~, N 'a3 o'4y^ ~ a °_' ~ o' N n O ~ y ~ 3 ~ O O ~ < ~ ' ~ ~ ~ W Vf O C m 3, '! O ~ [e y^ d O A v (a ~' OG ~ le p0 ~ H" ~w'c i... ~ by'O P i' rs~ ~J ~ N O ?. o ~ 3 d i ~ ~ a 0 rt^ < c tae R ~ n ~ 1 "a3 mil rt a : ,,.3 3 x'o ~' ~ m ~ ~ ~ d £ o. ~ ~ ee a m s 3 ~ o ~. c ~_,~ gym. '.. o ~ ~ w'< ""': i =P~a I G O ~ d y ] - () X n ~ ~ ~ ? t: ~ N 3 ~ H ~ w x v =a O m' d C N ~ N 3 ~ _. ~' n ~ n ~ m ~ ~ °-'. o. ? o m ~. °v c fn ° `~ w in ~ u o io ~ ~`J `, ,~_ U''~t .~ r I ~~ ..y .i. ~ ~~ ~~~ ~e'~ i ,~. 3 ?~ a. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. NOMAN AL-MARIFAWI NADIA M. ELRHARD Defendants : Court of Common Pleas Civil Division ~ ..,. c a ~ t-~ ~~. ~~ -,; : CUMBERLAND C ~ ~ -~ Z f'r't <.' :: .. f : 10-4115 CIVIL~~,,r • No ~ . "C ~ ~ ---~ c-~ ~ `~' ~.. . ,~ ~_ ~- ~, . ORDER AND NOW, this ~~ day of ~ 2012, upon consideration of Plaintiffs ERED and DECREED, that the Rule entered Motion to Make Rule Absolute, rt is hereby ~D upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: $86,804.91 Principal Balance 408.03 $14 Interest Through September 5, 2012 , Per Diem $14.23 $99.75 Late Charges $1,300.00 Legal fees $1,357.50 Cost of Suit and Title $409.30 Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance 9 65.02 $6, Escrow Deficit $112,080.73 TOTAL Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. ~ ~-r'~ HE COURT: °~~~Nt• rt ~l ~ ~ ~ ~ Q~'r ~Ac ~ i //t~o~ ~ M . ~lrlia~f 236502 ~~`,es ,~ ~`I~ ~/~,~~~a ~ -- __ _ PHELAjN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Peon Center Plaza, Suite 1400 Philadelphia, PA 19103 215-5631-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION ? ?T z I Z AUG 22 4M lo: UtfBERL A ND EliA S YLV4NiANT'i? CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO. 10-4115 CIVIL vs. NOMAI`jd AL-MARIFAWI NADIA M. ELRHARD Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Otder directing service of the Notice of Sale upon the above-captioned Defendants, NOMAN AL-MARIFAWI and NADIA M. ELRHARD, by certified mail and regular mail to NOMAN',AL-MARIFAWI and NADIA M. ELRHARD at, 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and 2521 MARKLAND STREET, IRVING, TX 75060-6871 and posting 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and publication pursuanuo PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for November 7, 2012. 2. Pennsylvania. Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, NOMAN AL-MARIFAWI and NADIA M. ELRHARD, with the Notice of Sale at the mortgaged premises, 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the Defendants do not reside at the mortgaged premises. Attempts to serve Defendants, NOMAN AL-MARIFAWI and NADIA M. ELRHARD, with the Notice of Sale at 2521 MARKLAND STREET, IRVING, TX 75060-6871 , have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as there was no response from the Defendants. Attempts to serve Defendants, NOMAN AL-MARIFAWI and NADIA M. ELRHARD, with the Notice of Sale at 2508 ZAPATA DRIVE, ARLINGTON, TX 76015-1340, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the Defendants do not reside at the said address. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of August 8, 2012, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on August 8, 2012 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs August 8, 2012 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendants, NOMAN AL-MARIFAWI and NADIA M. ELRHARD, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to NOMAN AL-MARIFAWI and NADIA M. ELRHARD at, 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and 2521 MARKLAND STREET, IRVING, TX 75060-6871 and posting 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and by publication. DATE: -6d-n-r-Y Phelan an & Schmieg, LLP By: MW-? Ma e ru od, Esquire Attorney f aintiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Peon Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 JPMORQAN CHASE BANK, NATIONAL ASSOC$ATION, S/B/M TO CHASE HOME FINAN?E, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff us. NOMAN AL-MARIFAWI NADIA ,M. ELRHARD Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4115 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a forecldsure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as fellows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days bjefore the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, NOMAN AL-MARIFAWI and NADIA M. ELRHARD, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to NOMAN AL-MARIFAWI and NADIA M. ELRHARD at, 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and 2521 MARKLAND STREET, IRVING, TX 75060-6871 and posting 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and by publication pursuant to PA.R.C.P. 3129.2. DATE: 1 Phelan Ha 'nan & Schmieg, LLP By: AAK Ma ew w od, Esquire Attorney fo ' tiff PHELAFN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Peon Center Plaza, Suite 1400 Philadelphia, PA 19103 215-5637000 JPMORPAN CHASE BANK, NATIONAL ASSOC$ATION, S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4115 CIVIL vs. NOMAN AL-MARIFAWI NADIA iM. ELRHARD Defendants CERTIFICATE OF SERVICE I'hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter was sent by first class mail, postage prepaid 0 the following interested parties on the date indicated below. NOMAN AL-MARIFAWI NADIA M. ELRHARD 425 HILLSIDE ROAD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 NEW CUMBERLAND, PA 17070-1863 2521 MA?RKLAND STREET IRVING,!TX 75060-6871 DATE: 2521 MARKLAND STREET IRVING, TX 75060-6871 Phelan Hallinan & Schmieg, LLP By: Mat 4ww d, Esq uire Attontiff EXHIBIT "A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORIGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE PHS # 236502 MANHATTAN MORTGAGE CORPORATION .DEFENDANT NOMAN AL-MARIFAWI NADIA M. ELRHARD SERVICE TEAM/ lxh COURT NO.: 10-4115 CIVIL SERVE OMAN AL-MARIFAWI AT: 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 5, 2012 Served and made known to NOMAN AL-MARIFAWI, Defendant on the _ day of , 20 at , 'clock_. M., at in the manner described below: - Def ndant personally served. - Adu t family member with whom Defendant(s) reside(s). Relationship is _ - Adu t in charge of Defendant's residence who refused to give name or relationship. - Man ger/Clerk of place of lodging in which Defendant(s) reside(s). Ageot or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Othcir: Descripoon: Age Height Weight Race Sex Other 1, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice f Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicate above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: ?nQ? NOT SERVED On the day of -, 2012, at = 'clock . M., Defendant NOT FOUND because: Vacant - Does Not Exist - Moved X Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: - M i t<j VA PRINTED NAME: 1 ?o ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE PHS # 236502 MANHXTTAN MORTGAGE CORPORATION DEFENDANT SERVICE TEAM/ Ixh NOMAN AL-MARIFAWI COURT NO.: 10-4115 CIVIL NADIAM. ELRHARD SERVE NADIA M. ELRHARD AT: TYPE OF ACTION 425 HI LSIDE ROAD XX Notice of Sheriff's Sale NEW C BERLAND, PA 17070-1863 SALE DATE: September 5, 2012 SERVED Served and made known to NADIA M. ELRHARD, Defendant on the _ day of , 20 at o'clock _. M., at in the manner described below: - Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adupt in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Age t or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other. Description: Age Height Weight Race Sex Other I, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice 6f Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: i p NOT SERVED On the day of , 20L at 6 'clock . M., Defendant NOT FOUND because: - Vacant _ Does Not Exist _ Moved X Does Not Reside (Not Vacant) No Answer on at at $ervice Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTIID NAME: l `?_FA }Z'Cli.01(rl?Ql ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 r. =?. AFFIDAVIT OF SERVICE P CUMBERLAND COUNTY JPM RGAN CHAN BANK, NATIONAL ASSOCIATION, S&M TO ASE HOME FINANCE, LLC, SWM[ TO CHASE PHS Ii 236502 MAP ATTAN MORTGAGE CORPORATION ANT I O AI.MARI?'AWI . EL RHARD SER NOMAN AL.MARIFAWI AT: 2521 MARKLAND ST IR G, TX 75060•6871 SUL) E TEAM/ ]Xh COURT NO.: 10-4115 CIVIL TYPE OF ACTION XX Nodee of Sherd rs Sale SALE DATE: Septerdber 5, 2012 SERVED Servdd and made known to NOMAN AL-MARIEAWI, Defendant on the , day of , 20 _._, at , d clock M., at , in the manner described below: Defendant personally served. _ Aoult family member with whom Defendant(s) reside(s). Relationship is . - Manager/Clerk ult in charge of Defendant's residence who refused to give name or relationship. eof place of lodging in which Defendant(s) reside(s). - Agent or parson in charge of Defendant's office or usual place of business. an officer of said Defendant's company. r 0 her: DescAption: Age Height Weight Race Sex Other I , a competent adult, being duly sworn according to law, depose and state that I personally hands d a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befor4 me this day of 20_. Notary: By: , On th -2 daglof 'T01 , 20 I Z, at ? d cl ? M., I,, b g cotpetent adult hereby state that Defendant NO'i FO bi7muse: Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) XNo Answer on a[ at Service Refused ah?: *zY2y T ? 20 Sworn to and subscpbed a fo m this i?2HB_y By Notary : t?1TS?RF?Y IN P?T?' ? ?g' + Lawrence T. Phelan, Esq., ki. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq. M. No. 69849 A. j F j ; 3O?^ Judith T. Romano, Esq., Id, No. 58745 Jenine R. Davey, Esq., Id. No. 87(Y77 =114 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Janes, Esq., kl. No. 86657 3 4-f l ` t Andrew L Spivack, Esq., Id. No. W39 Chrisovalante P. Hiakos, Esq., Id. No. 94620 2 Courtenay R. Dunn, Esq., Id. No. 206779 ) Z Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario L Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 tt John M. Kolesnik, Esq., Id. No. 308877 ZYZ ` Matthew G. Brushwood, Esq., Id. No. 310592 Fe, 67 JE ?v- 7 Gib f? I? ^nn Dana B. Ostrovsky, Esq., Id. No. 83921 aQ: t+*? !'? Il Zachary J. Jones, Esq., Id. No. 310721 l A). `?Qc?,?S?TX7?? I ? ??_ 882-? Z6 ?' 8x0 I?-l7 PLAINTIFF ORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M CHASE HOME FINANCE, LLC, SON TO CHASE MXNHATTAN MORTGAGE CORPORATION D$FENDANT N OMAN AL-MARIFAWI NADIA M. ELRHARD SEVE NADIA M. ELRHARD AT- 25;1 MARKLAND ST IR G, TX 75"0-6871 PHS # 236502 SERVICE TEAM/ hrb COURT NO.: 10-4115 CIVIL TYPE OF ACTION XX Notice of SberWs Sale SALE DATE: September 5, 2012 SERVED Staved and made ]mown to NAM M. E •RH_ARD, Defendant on the ! day of , 20 at ., o'clock _ M., at , in the manna described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _i Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said.Defatdant's company. -;Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally h4,die-d a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned cast on the date and at the address indicated above. Sworn to and subscribed before me this day of . 20_. No*y: By: N On Z•K da of 2O L7, at -j:,.4'clock L. M., I, b• lgmpetrnt adult hereby state that DeVacant _ Does Not Exist Moved _ Does Not Reside (Not Vacant) I•.No Answer on at at _ Service Refused el Other: 2`l21{ S to and su 'bed 1 ? A?? off a this y By: Notary ANEY FOR PLAIIHTII+F „ LF?IIGS- T. Phelan, Esq., Id. No. 32227 Hallinan, Esq., Id.No. 62695 Schni , Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T Romano Esq. Id. No. 58745 J AA Lux g ne 0"On my c mission Ex*65 071201"14 Of Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabors, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa 1. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq. Id. No. 310592 KEG Gt? ?p?,'T' :eZDana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 T-2?.?,T'? 1ST( AFFIDAVIT OF SERVICE CUMBERLAND COUNTY 3 `1-21-- )Z /VT)a`S5f6l f s Process Server Check List If Service Is Made: Spouses Names if Applicable Wife: Husband: Divorced: Yes ( } No No Service Made 1. Vacant: Yes ( } No 2. Is;there a name on the mailbox? Is it the defendants? /10 ef A0 W.41 ( h IIb?G ?l 3. Neighbor Contact:Yes (x) No { )' VV1CIloSS Sft??f Right Side:_ 4. Fbr sale sign: Yes ( ) No (X) Realtor Name: Company Name: Phone Number: ^ 5. Car in Drive Way Yes (x) No { Plate Number: nn _ L n ge)(d ..rr'aPA-1& r? T 7)t:' 30246T A14r,,k R/h LU V /?r, C, "10/ AS-? 4-/( 0,A -f :5f ?4 I$b AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMO GAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO C"SE HOME FINANCE, LLC, SB/M TO CHASE PHS # 236502 MANN TTAN MORTGAGE CORPORATION DEFENDANT NOMAN AL-MARIFAWI NADIA M. ELRHARD SERVi NOMAN AL-MARIFAWI AT: 2508 Z?PATA DRIVE ARLINC,TON, TX 76015-1340 SERVED SERVICE TEAM/ lxh COURT NO.: 10-4115 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 5, 2012 Served!and made known to NOMAN AL-MARIFAWI, Defendant on the _ day of 20 , at !o'clock M., at in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ _ Adult in charge of Defendant's residence who refused to give name or relationship. Ma?ager/Clerk of place of lodging in which Defendant(s) reside(s). _ Ag nt or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, _, a competent adult, being duly sworn according to law, depose and state that I personally handedia true and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on, the date and at the address indicated above. Sworn to and subscribed before rate this day of _20- Notary: ,. By. 24 LM N On the . day co?A DA 20u,4t _JlWclock M., D f t NOT FOUND because: - Vacant - Does Not Exist - Moved roes Not Reside (Not Vacant) No Answer on at , at -Service Refused Other: Swo 'q_, d su d befo is 01 f j 0 y 0 2 By: Notary: ATTORNEY FOR PLAINTIFF S Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ?PRyP Jay B. Jones, Esq., Id. No. 86657 r°? Trisovalante drew L. Spivack, Esq., Id. No. 84439 } My CT- JAN WELLS P. Fliakos, Esq., Id. No. 94620 or, Oornm Ssion Expires urtenay R. Dunn, Esq., Id. No. 206779 02' 2015 ison F. Wells, Esq., Id. No. 309519 lissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station -5ja )-(030 AFFIDAVIT OF SERVICE PLAINrFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE PHS # 236502 MANHATTAN MORTGAGE CORPORATION DEFENDANT NOMAN AL-MARIFAWI NADIA, M. ELRHARD SERV NADIA M. ELRHARD AT: 2508 ZATA DRIVE ARLINGTON, TX 76015-1340 SERVICE TEAM/ lxh COURT NO.: 10-4115 CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: September 5, 2012 SERVED Served and made known to NADIA M. ELRHARD, Defendant on the _ day of , 20 at : -,.o'clock-. M., at in the manner described below: De*ndant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Ma?ager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Descrip*ion: Age Height Weight Race Sex Other I, 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on!the date and at the address indicated above. Sworn to and subscribed before the this day of , 20_. Notary: J By: y (1 n ? 1,a ?? ?T On the da - 20 t - loc . M., DrDoes t NOT FOUND because: Vacant Does Not Exist Moved Not Reside (Not Vacant) _ No Answer on at Service Refused Other: f vv?_ Sw m and su bed be e e this a, 2 By: otary: ' ATTORNEY FOR PLAINTIFF ` SC Lawrence T. Phelan, Esq., Id. No. 32227 J U Francis S. Hallman, Esq., Id. No. 62695 a G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 .....,., _ Jenne R. Davey, Esq., Id. No. 87077 r ............... =o?PAV cLauren R. Tabas, Esq., Id. No. 93337 l JAN WELLS Jay B. Jones, Esq., Id. No. 86657 5 My 0pmmission Expires Andrew L. Spivack, Esq., Id. No. 84439 s (OXF O?tober 02, 2015 Chrisovalante P. Hiakos, Esq., Id. No. 94620 ??""?" ^^^^^? Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnk, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station EXHIBIT `B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 236502 ;Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Noman Al-Marifawi & Nadia M. Elrhard Property Address: 425 Hillside Road, New Cumberland, PA 17070 Possible Mailing Address: (Noman Al-Marifawi) 2521 Markland Street, Irving, TX 75060 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Noman Al-Marifawi - xxx-xx-3537 Nadia M. Elrhard - xxx-xx-7409 B. EMPLOYMENT SEARCH Noman Al-Marifawi & Nadia M. Elrhard - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Noman Al-Marifawi reside(s) at: 425 Hillside Road, New Cumberland, PA 17070 & Nadia M. Elrhard reside(s) at: 2508 Zapata Drive, Arlington, TX 76015. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Noman Al- Marifawi & Nadia M. Elrhard, however did provide a listing for Ann J. Harkins at: 425 Hillside Road, New Cumberland, PA 17070. On 07-12-12 our office made a telephone call to the phone number (717) 774-3198 and received the following information: wrong number. B. On 07-12-12 our office made several telephone calls to a possible phone number of the subject(s) (972) 438-2969 and received the following information: no answer. On 07-12-12 our office made a telephone call to a possible phone number of the subject(s) (817) 239- 0625 and received the following information: disconnected. On 07-12-12 our office made a telephone call to a possible phone number of the subject(s) (717) 770-0297 and received the following information: disconnected. On 07-12-12 our office made several telephone calls to a possible phone number of the subject(s) (717) 649-4475 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 07-12-12 our office made several phone calls in an attempt to contact Richard D. Anderson (717) 774-2824,426 Hillside Road, New Cumberland, PA 17070: answering machine. On 07-12-12 our office made several phone calls in an attempt to contact Shirley A. Nichols (717) 774-7535,423 Hillside Road, New Cumberland, PA 17070: answering machine. On 07-12-12 our office made several phone calls in an attempt to contact Helen H, Painter (717) 774-3002,421 Hillside Road, New Cumberland, PA 17070: answering machine. On 07-12-1.2 our office made a phone call in an attempt to contact William V. Rangel (972) 253-9792, 2519 Markland Street, Irving, TX 75060: disconnected. On 07-12-12 our office made a phone call in an attempt to contact Fred A. Anguiano (972) 254-1282, 2518 Markland Street, Irving, TX 75060: disconnected. On 07-12-12 our office made several phone calls in an attempt to contact Travis J. Woolridge (972) 253-1102, 2515 Markland Street, Irving, TX 75060: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-12-12 we reviewed the National Address database and found the following information: Noman Al-Marifawi - 2521 Markland Street, Irving, TX 75060 & Nadia M. Elrhard - 425 Hillside Road, New Cumberland, PA 17070. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Noman Al- Marifawi) 2521 Markland Street, Irving, TX 75060. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-12-12 Vital Records and all public databases have no death record on file for Noman Al-Marifawi & Nadia M. Elrhard. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Noman AI-Marifawi -1973 Nadia M. Elrhard -1973 B. A.K.A. Noman Sadoun Almarifawi Nadia E. Elrhard * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. The above mfvrmation is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" N w rn O N r O z n z C17 r m n d O_ 01 bo ? A W N ?+ r ? rF a ` a CL ?F ?F IF CD x y ~ N Z ~ N Z Z? Z Z?? z M V y ? o o y0y r0 O,? oil z 00 H 00 ?] y ~ ~ 1 / 1/ 0 1 0-4 Q/ b ON ON oo y w a a y y 1 Taw ? a. W "O H Opp C `< O p ? ? tl0 ? 2 9.2 It E. N? N ? V C ? ? O B hr c? Cff? C in N ? w E9 = G a rl ow fin w ??? 1?1. 11 ?nnp f) Cl?Ji 619 b5 (A9 b O O O ?Or A A A x ?• c n V I ( !1 W i g ? a 'CAI 9' t ??,, co g??9• ?s 5 9 Q. y G et e IQ k(l g Ei' O Q. o? ' 7 PITNEY BOVVF'. oaz " CL w un a. cu co T G. CD Q+ 1 -L ? r ho 00 O r O b x 02 ,M X2.91° 0004277256 AUG08 2012 MAILED FROM ZIP CODE 19 10 3 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey August 8, 2012 NO N AL-MARIFAWI 425 LLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. NOMAN AL-MARIFAWI and NADIA M. ELRHARD Premises Address: 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 CUMBERLAND County, No. 10-4115 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order, In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking conqurrence with the requested relief that is, Special Service. Please respond to me within one weep, by August 15, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very! truly yours, LIL'' HAINEY, Legal Assistant for Phelan, Hallinan & Schmieg LLP 236502 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LILY RAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey August 8, 2012 NO*N AL-MARIFAWI 2521 iMARKLAND STREET IRVING, TX 75060-6871 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. NOMAN AL-MARIFAWI and NADIA M. ELRHARD Premises Address: 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 CUMBERLAND County, No. 10-4115 CIVIL Dear' Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one weep, by August 15, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LIL HAINEY, Legal Assistant for Phelan, Hallinan & Schmieg LLP 236502 Phelan Hallinan & Schmieg, LLP 4 . 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LIL HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey Augi? st 8, 2012 NAD M.ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1863 RE:: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. NOMAN AL-MARIFAWI and NADIA M. ELRHARD Premises Address: 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 CUMBERLAND County, No. 104115 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concpaence with the requested relief that is, Special Service. Please respond to me within one week by August 15, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY, Legal Assistant for Phelan, Hallinan & Schmieg LLP 236502 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn. Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LILT HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey August 8, 2012 NA OA M. ELRHARD 2521IMARKLAND STREET IRVING, TX 75060-6871 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. NOMAN AL-MARIFAWI and NADIA M. ELRHARD Premises Address: 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 CUMBERLAND County, No. 10-4115 CIVIL Dear! Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and ()rder. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by August 15, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. Othe¢wise, please be guided accordingly. Very (truly yours, LIL HAINEY, Legal Assistant for Phelan, Hallinan & Schmieg LLP 236502 ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME CIVIL DIVISION FINANCE, LLC; SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION NO. 10-4115 CIVIL Plaintiff vs. NOMAN AL-MARIFAWI NADIA M. ELRHARD ~, ~ Defendants N ORDER '~ i AND NOW, this ~ day of j , 2012, ~ ~~~ .. ~ ~ consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special OrQer~' Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants NOMAN AL-MARIFAWI and NADIA M. ELRHARD by: -, 4 .~ REGULAR MAIL TO, NOMAN AL-MARIFAWI and NADIA M. ELRHARD at, 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and 2521 MARKLAND STREET, IRVING, TX 75060- 6871, SERVICE BY MAIL IS COMPLETE UPON THE DATE OF MAILING r CERTIFIED MAIL TO, NOMAN AL-MARIFAWI and NADIA M. ELRHARD at, 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and 2521 MARKLAND STREET, IRVING, TX 75060- 6871, SERVICE BY MAIL IS COMPLETE UPON THE DATE OF MAILING POSTING 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070- / 1863 V PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.RC.P. 3129.2 (D). BY + COURT: J. PHS # 236502 ~ CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 NOMAN AL-MARIFAWI, and NADIA M. ELRHARD 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 ~L PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn. Center Plaza Philadelphia, PA 19103 215-563-"7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIA'T'ION, S/B/M TO CHASE HOME FINANCE. LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. NONIAN AL-MARIPAWI NADIR M. ELRHARD Defendants ~., , ~- , ~. ,., - CUMBERLAND COUNT' COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-41 l5 CIVIL. AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to NOMAN AL-MARIFAWI and NADIR M. ELRHARD on SEPTEMBER 5, 2012 in accordance with the Order of Court dated AUGUST 24, 2(112. The property was posted on SEPTEMBER 17.2012. Publication was advertised in THE CUMBERLAND LAW JOURNAL on SEPTEMBER 14, 2012 in '['HE SF,NTINEL, on SEPTEMBER 12, 2012. Tl~e undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: __ l ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ; ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. NOMAN AL-MARIFAWI NADIR M. ELRHARD Defendants ORDER CIVIL DNISION . ~ '~ NO. 10-4115 C ~l ~ ~ -y ~ ~. ~ AND NOW, this _ ~ ~/ ~ day of , 2012, after consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants NOMAN AL-MARIFAWI and NADIR M. ELRHARD bj~: _~ REGULAR MAIL TO, NOMAN AL-MARIFAWI ~q~,NADIA M. ELRHARD at, 425 HILLSIDE ROAD, NEW CUMBI#RLAND, PA 17070-1863 and 2521 MARKLAND STREET, IRVING, TX 75060- 6871, SERVICE BY MAIL IS COMPLETE UPON THE DATE OF MAILING CERTIFIED MAIL TO, NOMAN AL-MARIFAWI and NADIR M. ELRHARD at, 425 HII.LSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 and 2521 MARKLAND STREET, IRVING, TX 75060- 6871, SERVICE BY MAIL IS COMPLETE UPON THE DATE OF MAILING / POSTING 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070- 1863 _ / PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: psi G2~~ 7.~-/~A~Ck~ J. PHS # 236502 CC PHELAN HALLINAN 8c SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 NOMAN AL-MARIFAWI, and NADIR M. ELRHARD 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 0 O W ~ O U CQ ~~_ L ~ M z =o d ~ ~- a a °' a d~ xuL a ~a~ W ~ ~ a0a ii ~ L R H "a ~ L ~ R b w Z d o i- ,--- -- ~f'~is ~`... .~P~ r~ ~ ~+M ai ~ ~ .. S ' A ' ~ ,9 0.a. t I I J I I I I L-._.__ I OU C Y O I G cC ~ ~ z v M ~O r ~ ~ M ~D ~ 0. ~ v c~ o ' r c r O r ~ r ~ n. °w 3 3 a a 3w~ w~ `~ dGA ~dz AAA adz dFa.,oro ~~~ H~ ~~~ a ~ aod `~ dtxa dod ~0.!a ~Ao zo d o ~zo j N a O ~= ~ ~ C G ~ A da~ w A~ a~ ~~ daH wx~ a~ z ° ~o ~ N ~~. ~ ~ ~ ~~'3 Ax3 ~~z d~z o~ z Z z ONW dNW O ~ ~ d N a a v i p„ v i ' i '. i ~ V t f iF .*X, '~' iF .~ '~ 'H' # iF * i6 iF il' iE iF iF iF 'IF iF !F iF iF jF dF --.- p . ~ iF iF ~ ~ ~ Q ~ ~ __ V~ i 0 ~ 1 I "'~ N M ~ ~ \O r oo O~ ~ N Z N _~ '~' N H CL, T W V ~I ~~// F~ V W U L~ l ' O O N O W A O ni iiiiiN~iiiiii~Ni LXH / 236502 1020 NADIA M. ELRHARD 2521 1VIA.RKLAND ST IRVING, TX 75060-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) .T~~~~~.com~°~~~ -Wrack & Confirm xlli„,'. a=.; klmer Service USPS MgUile iY;p L'aak~ge i iu~itr: zla M.a,, Track & Confirm ;, Page 1 of 1 Register 'Sign In /OUR LABEL IVUM BER SERVICE STATUS OF YOUR ITEM DATE 8'rIME LOCATION FEATURES First-Class Mail°C Delivered October 03.. 2012, 5.53 am PHILADELPHIA, PA '9103 Expected Delivery By: September 10, 2012 i2at~om Re. relpf Notice Left (No October Ot, 2012, 12:37 pm PHILADELPHIA, PA 19103 Authorized Recipient Available) Depart LISPS Sort Odobe~ 01.2012 PHILADELPHIA, aA 191 76 Facility Processed through September 30. 2012. 11:38 PHILADELPHIA. ~A ?917E USPS Sort Facility pm Unclaimed September 27, 2012, 9.49 am IRVING. TX Notice Left September 10. 2012, 9.38 am IRVING TX 75062 Depart USPS Sort September 10 2012 COPPELL, TX 75099 Facility Processed through September 09. 2012, 10:45 COPPELL. TX 75099 LISPS Son Facility pm Dispatched to Sort September 05.. 2012, 6 36 pm PHILADELPHIA, PA '.9104 Facility Acceptance September O5, 2012.. 5.37 pm PHILADELPHIA, PA'9102 Electronic Shipping Info Septemxr 04, 2012 Received Check on Another Item WnaYs your label (or receipt) number? Find LEGAL ON USPS.COM pN ABOUT.USPS.COh1 OTMER USPS SITES u ..:._ u .;de .. ....x https://tools.usps.com/go,~TrackConfirm~ction.action?tLabels=71782417609901081416 10/4/2012 ~iiiNi i~uiuiiii iiii LXH .' 236502 1.020 NADIA M. ELRHARD 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-0000 --fold here (regular) -- fold here (6s9j --fold here (regular) USPS.com<z> -Track & Confirm Page 1 of 1 r(ngis.l~ ...istomer Servica USpS Mobile ?togis¢erl Sign In Track & Confirm YOUR LABEI NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES - First-Class Mails Delivered September 14, 2012, 8:46 am PHILADELPHIA, PA 1910a Expected Delivery By: September 8. 2012 ~l't.RxY Foie L'eaj71 =.er tr!anir, Moved, Lek no Address September 07, 2012, ':5~1 pm NEW CUMBERLAND, PA Ardval at Unit September 07, 2012, 8.2' am NEW CUMBERLAND, PA ?707C Depart USPS Sort September 07. 2012 i-iARRI58URG, PA 1'10' Facility Processed through September 06, 201210:56 HARRISBURG, F'A 1,'107 USPS Sort Facility pm Dispatched to Sort September 05, 2012, 8.36 pm PHILADELPHIA. PA ^~,910~~ Facility Acceptance September O5, 2012, E.37 pm PHILADELPHIA, PA 19107 Electronic Shipping Info September 04, 2012 Received Check on Another Item What =your labe' ;pr receipt) number? Pie;rt LEGAi. ON USPS.COM _.... . _. I I., e - ( x ~.i. ON ABOUT.USPS.COM ~~_,3. OTHER USPS 61ITE5 httpsaitools.usps.com/go!TrackConfirmAction.action?tLabels=71782417609901081409 10/4/2012 7178 2417 6099 0108 1393 LXH ; 236502 1020 NOMAN AL-MARIFAWI 2521 MARKLANL7 ST IRVING, TX 75060-0000 --fold here (regular) -- fold here (6x9 --fold here (regular) USPS,com~F~~ -Track & Confirm .;.3~rlhsii (: uatomer Service USPS Mobile Track & Confirm II YOUR LABEL M1UMBER Check on Another Item What's your lobe (or receipt) number? Register ;Sign In f3hp s F~ ~kage > .a ?,~?ait ..I .ic,: Yr P 1 ;?lop oi,tfions SERVICE STATUS OF YOUR ITEM DATE 8 TIME LOCATION 'EAT ORES First-Class Mails Delivered October 03, 2012, 5'.53 am PHILADELPHIA, PA r 910:? Expected (Delivery By: September 10, 2012 ... v± Receipt Notice Left (No October 01. 2012, 12.37 pm ?HILADELPHIA, PA 19103 Authorized Recipient Available) Depart USPS Sort Ocober 01.2012 PHILADELPHIA, PA 19'?ES Facility Processetl through September 30, 2012, 11:38 PHILADELPHIA, PA 191'6 USPS Sort Facility pm Unclaimed September 27, 2012. 9.49 am IRVING, TX. Notice left September 10, 2012, 9:36 am IRVING, TX. 75062 Depart USPS Sort September 10. 2012 COPPELL, TX 75099 Facility Processed through September 09, 2012, 10:45 COPPELL TX 75099 USPS Sort Facility pm Dispatched to Sort September O5, 2012, 636 pm PHILADELPHIA, ?A 19104 Facility Acceptance September O5, 20 `2.. 537 pm PHILADELPHIA, PA 19102 Electronic Shipping Info September 04. 2012 Received f ilyd LEGAL ON USPS.COM Page 1 of 1 QN ABOUT.USPS.COh1 ,.i~; .. vr,-.... I r OTHER USPS S~iES ~.. https://tools.~sps.com/go,~TrackConfirmAction.action?tLabels=71782417609901081393 10/4/2012 IIII IuIIIIIII~INI Ih~lllllnl 7178 2417 6099 0108 1386 LXH / 236502 1020 NOMAN AL-MARIFAWI 425 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-0000 --fold here (regular) -- fold here (6x9:1 --fold here (regular) L'S?'S,.com~~% -Track & Confirm ~.nyli ~,i t:uscomE>r Service LISPS Mobile Track & Confirm ~~,;,,.,,A, Page 1 of 1 Rryis~er r Sign In YOUR BABEL NUMBER SERVICE STATUS OF VOUR ITEM DATE 8 TIME LOCATION FEATURES Firsl-Class Mails Delivered September 14. 2012. 8:46 am PHILADEL°HIA. PA ?9104 Expected Delivery By: September 8. 2012 _; rr F{.. se:pi emir Moved. Left no Address September 07, 2012, '.51 pm VEW CUMBERLAND. PA . Arrival at Unit September D7, 2012, 8'.27 am NEW CUMBERLAND, PA 170?C Depart LISPS Sort September 07. 2012 HARRISBURG. PA 1710, Facility Processed through September 06, 2012. 10Q56 HARRISBURG. PA 1?1C7 LISPS Sort Facility pm Dispatched to Sort September 05, 2012, 6:36 pm PHILADELPHIA, PA 19104 Facility Acceptance Septerr ber O5, 2012, 5:37 pm PHILADELPHIA, ?A 191C2 Electronic Shipping Info September 04, 20'2 Received Check on Another Item WhaYs your labe~ (or receipt) number? Find LEGAL ON USPS.COM ;ern. ,r/.cev: Le: f .. ::1 f;~ .... ~. (r;~,rx ON ABDUT.USPS.COM t, OTHER LISPS =~~'TES https://tools.usps.com/go~ TrackConfirmAction.action?tLabels=71782417609901081386 10/4/2012 AP'hIDAVI'I' OF SERVICE PLAINTIFF CUA9IGRLAND COC'N'I'l JP'~IORG:W CHASE [TANK, NATIONAL. ASSOCIA'CION, S/13/1\9 r0 CHASE HO\IE FINANCE, LLC, S/B/1wI TO CHASE PHS # 23fi502 1'i aNHA"I'TAN 1lOR'IGAGE CORPORA'T'ION lll?FENDAN"1' NOAfAN AL-~IARIFAI~'I NADIA D'l. ELRHARD SERVICE TEAM/ lxh COURT NO.: ]0-4115 CIV[l. SF:R~'E N0~9AN A1. 1IARIFAII'I AT: TYPE OF ACTION =t25 IIILLSIDE ROAD XX Notice of Sheriff's Sale NI?~1' CUMBERLAND, PA 17070-1863 SALE DATE: November 7, 2012 ""PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT (1RDF;R ~` ~' s~;RVI:D Served and made known to NOMAN AL-MARIFAWI, Defendant on the 1~~'day of ~P~~R~ , ?0 ~1, at 3' ~Q. o'clock ~ M., at ~~5' ILIS~~ -Z,~/~-p , in the manner described below: _ Defendant personally served. A(GW Cu.mgtRLA~+~, _ Adult tiul~ily member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _- Agent or person in charge of Defendant's office or usual place of business. ___~--~ an ofticer of said Defendant's company. Other: ttiS TAD ~Q1~QE2rr-rr 1 Description: Age Height _ Weight Race._ Sec Other _ _ . a competent adult, hereby verify that I personally ~d a tnie and correct copy of the Notice of Sheriffs S~lc in the manner as se.t forth herein, issued in the captioned case on the date and at the address indicated above. I undc~stand that this statement is made subject tot enalties of 18 Pa. C.S. Sec. 4904 relating to un,~~~orn f:dsitication to authorities. ( " DA`Z'E: _ ~~/~- NAME: ~l~ V`'~"` -~ PRINTED NAME: ~ ~._~~:'~ii_ii TITLE: NOT SERVED On ii~c day of . 20, at ci clock :VL. I. . a competent adult he~cl-n state that llefendan~O'T~FOCfi~lSbecausc- - - - - Va~~an[ __ Does Not Exist _ Moved __ Does Not Reside (Not VaeanU _- ~o :~nswcr on __ _at at S,nicc Reluscd Other: 1 understand that this statement is made subject to the penalties of l8 Pa. C-S. Sec. 4904 relatin~z w unsworn falsitication to authorities. BY PRINTED NAME: ATTORNrY FOR PLAINTIFF Lawrenee'T'. Phelan, Esy., Id. Nu. 32227 Francis S. Hallman. Esq.. Id. No. 62695 Daniel G. Schmicg, Esq., Id. No. 62205 Michele M. Bradford. Esq., Id. No. 69349 ludi~h T. Romano, Esq., Id. No. 53745 Jenine R. Iaavey, Esy-, Id.:'Vo. 37077 Lauren R. Tabas. Esq., ld. No. 93337 .fay B. Jones, Esq.. 1d. No. 86657 ,4ndrew L. Spivack, Esq., Id. No, 34439 CM-isovalante P. Fliakos. Esy., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa 1 Cantwell. Esq., Id- No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 AFFIDAVIT OF SI;RVICP; P1.:11N"fIFP CI~M1IBh;RLAND COUN'Tl' .1PMORGAN' CHASE BANK, NATIONAL .-1SSOCIATION, S/B/~I 'I'O CHASE HO:y11? FINANCE, LLC, S/B/M TO CHASE PHS # 23(502 ~1ANHA'['"CAN MORTGAGE CORPORATION llI~;I'F;ND:1 NT NOMAN AL-JIARIFAbVI NADIA ti9. ELRHARD SERVICE, 'CEAIVI/ ]xh COURT NO.: 11)-4115 CI~'lI. SI:R~~E N-1UlA \I. EL}3H.ARD AT: d25 HILLSIDE ROAD NE~~' C~IJMBERLAND, PA 17070-1863 '~ =~`PLEASF. POST PROPERTY IN ACCORDANCE WITH THT COURT ORDER"" TYPF.OF AC'17ON XX Notice of Sherifl"s Sale SALE DATE: November 7, 2012 SERVED Served and made known to NADIA M. ELRHAI2D, Defendant on the ~~'day of $EpT~M~6&Q, 20 ~ ~___•, at 3<~, ~;i clock ~_~1.. at ~F2S 11-LS i D~ 'QD A-O , in the manner described below: Det~ndant personally served. NEuI C~MB~+¢t,,~+uo, __ Adu:a family member with whom Defendant(s) reside(s). Kelationship is _ __ Adult in charge of Defendant's residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). __ Agent or person in charge of Defendant's office or usual place of business. •~n oftlcer of said Defendant's company. Description' Age __ Height _ Weight Race _ Sex _ Other } ; Pos7'-D-- (. _ •~'~ ,il , a competent adult, hereby verify that I personally k+~ed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to th~~alties of ]8 Pa. C_ S.~S,ec, fS)(_?~ relating to un~.worn falsification to authorities. /'y~ DATE: _ -/_ ~~ (,1. NAME:. _ ~~`.'~ PRINTED NAME: ` . _. ':'`'~ TITLE: P' ~.c•;_ :~ ~; `7 ~ `~ t ~;,, NO"f SERVED On the day of . 20 . at ~iclock . M.. I. . a competent adult hercht state that Deicndan~OT EOC'1~1 e~cause: - - -- - __ ~a~.,int __ Does Not Exist _ Moved __ Does Not Reside (Not Vacant) - Ao Answer on _ _at :tt __ S~:rt-ice Relusal O[hcr: C understand that dais statement is made ;object to the penalties of 18 Pa. C.S. Sec. 49t)4 rclatintt to unsworn falsitication to authorities. R y' PRIiA'TED \AME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esy., Td. No. 322.?7 Francis S. Il~llinan, Esq., ld. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford. Esy., [d. No. 69849 .fudith T. Romano, Esq., Id. No. 58745 Jeninc R. Davey, Esq., [d. No. 87077 Lauren R. Tabas, Esq.. Id. No. 9:3337 .ray B. Jones, Esq., Id. No. 86657 Andrew L. 5pivack. Esq., ld. No. 84439 Chrisovalante P. Fliakos, Esq.. Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. V~ells, Esy., Id. No. 309519 Melissa J. Cantwell, Esq., 1d. No. 30891? Mario J. Hanyon, Esq.. Id. No. 203993 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL, (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie (:oyne, 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 September 14, 2012 Af'fiant 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. ~. ., Lida Marie Coyne, Ed' or SWORN T~J AND SUBSCRIBED before me this I4 da of September 2012 f__, - -~~----- Notary u..... Nc; sa~~ar_ si=a~ or_aowaFi a ca«iNs Notary Public CaRUSLE BURGUGN, GU~t~78ERLafdD CaIJNT'Y~ ~~ My Commissi~~E:xpires F,pr 28, 2G1~~. CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE Sept. 14 In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-4115 CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION s/b/m TO CHASE HOME F]NANCE, LLC s/b/m TO CHASE MANHATTAN MORTGAGE CORPORATION vs. NOMAN AL-MARIFAWI and NADIR M. ELR.HARD NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: NOMAN,AL-MARIFAWI and NADIR M. ELRHARD Being Premises: 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863. Being in THE BOROUGH OF NEW CUMBERLAND, County of CUMBER- LAND, Commonwealth. of Pennsylva- nia, 25-25-0008-014. Improvements consist of residen- tial property. Sold as the property of NOMAN AL-~MARIFAWI and NADIR M. EL- RHARD. Your house (real estate) at 425 HILLSIDE ROAD, NEW CUMBER- LAND, PA 17070-1863 is scheduled to be sold at the Sheriff's Sale on No- vember 7, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $92,324.42 obtained by, JPMORGAN CHASE BANK, NATION- ALASSOCIATION s/b j m TO CHASE HOME FINANCE, LLC s/b/m TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee), against the above premises. PHELAN HALLINAN ~3v SCHMIEG, LI;P ,4ttorneys for Plaintiff 10 M r ~ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland hackie Cox Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~", 1881, since which date THE SENTINEL has been regularly issued in said County, aril that the printed notice or publication attached hereto is exactly the same as was printed. and published in the regular editions and issues of THE SENTINEL on the following day(s): September 12, 2Q12 COPX OF NOTICE OF PUBLICATION NOT{CE OF 8HERIFF'3 8ALE tN Tt{E COURT Of COMIMON PLEAS OF CUTA®ERLAND COUNTY, PENN8YLVANIA No.1o-411a cnnL Affiant further deposes that he/she is not JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S!B/M TO CHASE MANHATTAN MORTGAGE Interested In the Subject matteY Of tllE' CORPORATION vg. aforesaid notice or advertisement, and that NOMAN AL-MARIFAWI and NADIA M. ELRHARD NOTK:ETO: NOMANAL-MARIFAWIandNAD1AM.ELRHARD all allegatlOIlS In the foregOing Statr`?mt?nt aS i NOTICE OF SHERIFF'S SALE OF REAL PROPERTY t0 tlme, place and Character Of publlCa t10T1 j Being Premises: 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1883 i Besgin.THEBOROUGHOFNEWCUMBERLANOCouMyotCUMBERLAND, Commonvreal~of Pennsylvania, 25-25-000$-014 Improvements consist of rosideniial property Sold as the property of NOMAN AL-MARIFAWI and NADIA M. ELRHARD ~ Your boost (real ostate) at 425 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1863 is scMduled to be sold at the ShtrifPa Sale on 11 /07/2012 at 10:00 AM, at the CUMBERLAND Googltyy Courthouse, 1 Courthouse Squaro, Carlisle, PA 17013, kr enfwce the Gourt JudgmsM of 192,324.42 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/BJM TO HASE HOME FINANCE, LLC, S/81M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgage®), against the above ~ promises. PHELAN HALLINAN ~ SCHMIEG, LLP Attorney for Plaintiff are ~ !r',I a r i/ Sr1w22orn to and subscrib d ,b, ef~or~em/e this Notary Public My commission expires: '~OTAR;,4t 8EA1. Sf~ME31 A~N.'V H~C.KENUO,„~~ !~ '~rta•~~ :'u!,!ic - ii :. ~:::.,., .., ... .,z=~~a.~ .. ,.~.,~..~.,...~,.,.~x.,o.,~.:)