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Home My WebLink About04-2890IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2003 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF FRANKIE RIVERA KELLE L. RIVERA TAX PARCEL NO.: 38-15-1275-044A AND NOW, this RULE TO day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- ,.~)~"~ ~_~ SHOW CAUSE June 2004, upon consideration of the within upon all interested parties to appear and show Pennsylvania. property. Rule returnable ~ at Cumberland County 2004 at~)'~ A.M~,/Courtroom Number Courthous~~e Square, Carlisle, J. \ Petition, a Rule to Show Cause is issued cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. {}5860.611. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding, If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2003 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF FRANKIE RIVERA KELLE L. RIVERA TAX PARCELNO.: 38-15-1275~44A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- ,2~)O ~-~ PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, etsic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: Tax claim upon which the property was exposed for sale: 2001 through 2002 Cumberland County, Cumberland County Library and Silver Spring Township real estate taxes, 2001-02 through 2002-03 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, cost and interest as of date of tax sale: $499.36. Neither the ownei', his, her, their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her, their or its heirs, successors or legal representatives, or any other person interested, has caused stay of sale, discharge of tax claim or removal from tax sale. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 25, 2003. Petition for Judicial Sale (Parcel No. 38-15-1275-044A P~el Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset price was $ 2,188.54. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. Attached hereto, marked Exhibit "A," and incorporated herein by reference as is fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a reduced copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel number of the property is 38-15-1275-044A. The property is situate in the Township of Silver Spring, Cumberland County, Pennsylvania, and is known as 17 S. Locust Lane. The names and addresses of all parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through June 30, 2004:$2,256.35 (Includes 2001 through 2003 county/municipal real estate taxes and 2003-02 through 2003-04 School real estate taxes). A lien certificate is attached as Exhibit "B". Debra B. Wiest, Tax Collector 269 Woods Drive Mechanicsburg, PA 17055 2004 County/Municipal taxes at face in the amount of $295.19. A copy of the tax bill is attached as Exhibit "C". Alliance Funding Company Division of Superior Bank, FSB One Ramland Road Orangeburg, NY 10962 Petition for Judicial Sale (Parcel No. 38-15-1275-044A) Page 2 Assigned mortgage recorded May 8, 2001 in Mort. Book 674, Page 241 in the amount of $74,470.00. Dock. No. 14217. A copy of the assignment is attached as Exhibit "D", Merrill Lynch Mortgage Capital 3815 Southwest Temple Salt Lake City, UT 84115 Judgment of foreclosure filed in the Office of the Prothonotary on December 26, 2001. Docket number 2001-07173 in the amount of $89,603.58 and attached as Exhibit "E". 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Frankie & Kelle L. Rivera, 17 S. Locust Lane, Mechanicsburg, PA 17050. WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Date J.¢.,.~ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 38-15-1275-044A) Page 3 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Melissa F. Mixell, DirectOr Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 38~15-1275-044A) Page 4 HOME FAX: 570-374-4761 CUMBERLAND, PERRY, D¢~l~, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 P.M.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON) PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALLAPPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: Cumberland County Tax Claim Bureau ORDER # OWNER TO BE SEARCHED: Melissa F. Mixell Frankie Rivera and Kelle L. River~a, h/w PREMISES: GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: Cumberland County,Silver Spring Township 17 South Locust Bane John M. Smith and Linda L. Smith, husband and wife Frankie ~aRie Rivera and ~elle L. Rivera, husband and wife. May 19,2000 May 19, 2000 DEED BOOK: Deed Book 221, Page 675 CONSIDERATION: $ 20,0 00.00 COVER DATE: May 7r 2004 PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE (S): $74,470.00; Frankie Rivera and ~elle L. Rivera TO: Public Savings Bank; dated January 4, 2001; recorded Januay 10, 2001 in Mortgage Book 1662, Page 1011; assigned May 8,2001 in Misc. Book 674, Page 241 to Alliance Funding. closed-ended. JUDGMENT (S): $89,603.88+; Merrill Lynch Mortgage Capital vs. Frankie Rivera and Kelle L. Rivera; judgment in foreclosure February 14, 2003 to#2001--7173, writ stayed on order of Plaintiff's attorney. FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2001: 308.93+ SECURED TRANSAGTIONS (RECORDER'S OFFICE-LIENS): None 2002: 208.91+ 2003: 1700.05+ ASSESSMENT /AX PARCEL# 38-15-1275-044A land: 17,420 bldg: 80,710 DATE: .//'~y 10, 2004 /_ PLEASE RF~IT_L~: ~ 6,¢' TO: HARVEY P. MURRAY, JR., RO. BOX 11, SELINSGROVE, PA 1 BHIBIT A RECORD:F ~:: DEEDS ~:U P. B E R L;,',;;~ CO'J!l'f'(- P,\ 'O0~fl~19 Pti 1 23 Tax Parcel NO.: DEED THIS INDENTURE, Made the /~r~ day of /~A~ 20~ BETWEEN JONN N. SMITH and LINDA L. SMITH, husband and herein designated as the Grantors, AND FRANKIE RIVERA and KELLE L. RIVERA, husband and herein designated as the Grantees: WITNENSETH, that the said Grantors for and in consideration of the sum of Twenty Thousand and No/100 ($20,000.00) dollars lawful money of the United States of America, to the Grantors in hand well and truly paid by the said Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, their heirs and assigns, ALL THAT CERTAIN tract of land with improvements thereon erected situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the corner of Lot No.99 and a cul-de-sac at the end of Locust Lane as shown in the hereinafter mentioned Plan of Lots; thence along said CUl-de-sac i~ a northerly direction on a curve to the left having a radius of 75 feet, an arc distance of 68.90 feet to a point; thence along Lot NO. I02-A on said Plan North 70 degrees 07 minutes 06 seconds East 166.29 feet to a point on the line of Tract No. 160; thence along line of said Tract No. 160 South 33 degrees 48 minutes East 160 feet to a point at the corner of TraCt No. 160 and Lot No. 99 as shown on said Plan; thence along said Lot No. 99 South 87 degrees 56 minutes 47 seconds West 189.88 feet to a point on the northwest side of said Lot No. 99; thence along said Lot NO. 99 North 58 degrees 51 minutes 57 seconds West 51.85 feet to a point ont he corner of said Lot No. 99 and the cul-de-sac at the end of Locust Lane, the place of BEGINNING. BEING Lot No. 102-B in the Subdivision Plan of White Birch Farms, ~oo~ 22i P~[ 675 EXHIBIT A Sections Wl and 2 as shown iR Plan Book 44, Page 91 and the Final Subdivision Plan, Lot No. 102, White Birch Farms, as in Plan Book 45, Page 93. BEING the same premises which Nancy C. Diehl, married woman, by deed dated April 26, 1991 and recorded June 3, 1991 in Cumberland County Recorder's Office in Deed Book 35D, Page 519 granted and conveyed unto the grantors herein. TOGETHER with all and singular, the said property, improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and of every part and parcel thereof AND ALSO all the estates, right, title, interest, use, possession, property, claim and demand whatsoever~ of the Gra~tor(s)~ both in law as in equity, of, in, and to the premises herein described and every part and parcel thereof with the a~purtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever AND the Grantors covenant that, except as may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed against the Grantors and all other persons lawfully claiming the same or to claim the same. UNDER AND SUBJECT to Acts of Assembly, county and township ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or Of record, to the extent that any persons or entities have acquired legal rights thereto. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or Wherev~r in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, designation. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands ~oo~ 22i PxcE 676 EXHIBIT and seals the day and year first above written. WiTNE~Bed, Sealed and Delivered,pc~r~~~~ ~ ~n/M. Smit~ (SEAL) ON THIS, the /~ day of May, 2000, before me, the undersigned officer, personally appeared John M. Smith and Linda L. Smith, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and thereln contained. EXHIBIT CUMBERLAND COUNTy TAX CLAIM BUREAU ONE COURTEOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-6354 BATE: 6/04/2004 TIME: 14:14:13 TAX LIEN CERTIFICATE PAGE THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 6/04/04, ANE AS FOLLOWS. ******** DIST/CTL 38 1732 ******** RIVER3%, FRJ%NKIE & KELLE L 17 LOCUST L~E MECFJ~NICSBURG PA 17050 38-SILVER SPRING TOWNSHIP 21160-CUMBERLJ~ND VALLEY S.D. STATUS J SITUS-17 S LOCUST LANE PROPERTY-WHITE BIRCH FARMS DESC -LOT 102-B PBS 44 & 45 PGS 91 -Residential Building BOOK/PAGE 00221 00675 LAND USE R ACREAGE .500 VALUE 98, 130 VALUE C&G CERT HAIL-R/C 237958 CERT MAIL-SALE MAP NO 38-15-1275-044A RECEIPT DATE CODE DESCRIPTION NO TD-X PENALTY INTEREST CHARGES 01/23/02 200 CTY-SILVER SPRING 30.99 3.10 2.30 36.39 01/23/02 250 CLB-SILVER SPRING 1.79 .18 .10 2.07 01/23/02 300 Mb/q-SILVER SPRING 11.43 1.14 .90 13.47 01/23/02 400 SCR~CUMBERLJ~ND Vally 153.45 15.35 33.35 202.15 2001 TAX TOTAL 254.08 BAL~-NCE PAYMENTS DUE INT ADD] EACH M( .0( 01/23/02 201 FILING FEE 15.00 03/12/02 202 POSTAGE RET & CLAIM 5.00 11/14/02 204 POSTING RETURN/CLaIM 20.00 07/10/03 207 POSTAGE SALE NOTICE 16.00 07/17/03 206 SALE PREP~q3~TION 50.00 07/28/03 208 SHERIFF SERVICE 30.00 07/28/03 209 POSTING UPSET SALE 20.00 05/26/04 215 MORTGAGE SEANCH 25.00 2001 FEE TOTAL 181.00 11/25/02 PAYMENT RECEIVED: 29142 2001 PAYMENT TOTAL 2001 YEAN TOTALS & BALANCE 435.08 100.00- 335.08 1.15 ESTIMATED BALANCE DUE NEXT MONTH 336.23 01/13/03 400 SCH-CUMBERLA~ND Vally 154.86 15.49 19.72 190.07 1.16 2002 TAN TOT~L 190.07 01/13/03 201 FILING FEE 15.00 02/13/03 202 POSTAGE RET & CLAIM 5.00 2002 FEE TOTAL 20.00 2002 YEAN TOTALS & BALANCE 210.07 .00 210.07 1.16 ESTINATED B~CE DUE NEXT MONTH 211.23 01/20/04 200 CTY-SILVER SPRING 165.13 16.51 6.20 187.84 1.24 01/20/04 250 CLB-SILVER SPRING 8.31 .83 .30 01/20/04 300 HUN-SILVER SPRING 52.95 5.30 2.00 01/21/04 400 SCH-CUMBERLAND Vally 901.62 90.16 33.80 01/21/04 400 SCH-CUMBERLAND Vally 358.76 35.88 13.45 01/20/04 201 FILINO FEE 02/23/04 202 POSTAGE RET & CLAIM 2003 TAX TOTAL 9.44 .06 60.25 .40 1025.58 6.76 408.09 2.69 1691.20 15.00 S.00 EXHIBIT B TAX LIEN CERTIFICATE CQNTINUED PAGE 2 ******** DIST/CTL 38 1732 RECEIPT BALkNCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 2003 FEE TOTAL 20.00 2003 YEAR TOTALS & BALANCE 1711.20 .00 1711.20 ESTIMATED BALANCE DUE NEXT MONTH 1722.35 CLAIM TOTALS 2356.35 100.00- 2256.35 ESTIMATED TOTAL DUE NEXT MONTN 2269.81 11.15 13.46 MISC RECEIPTS .................................................... 01/10/02 960 LIEN CERTIFICATE 23857 5.00 02/06/02 960 LIEN CERTIFICATE 24116 5.00 VERIFIED BY: - ~ ' EXtll6111 06/07/2804 · 18:47- 7176971294 IF TAXIS ARE IN E~CROW, FORWARO TO ~RTGAGE CO. $1 00 FEE FOR AOOITIONAL REC61PTS DEBRA BASEHORE WlEST 289 WOODS DRIVE MECHANICSBURG, PA 17050-2635 MAP NO: 38-15-1275-044A 17 S LOCUST LANE ACRES ,500 DEED 00221/00675 WHITE BIRCH FARMS LOT 102-(~ PBS 44 & 45 PGS 91 Residential Building RESiDENTiAL DE~RA BASEHORE WIEST PAC.~ 01 REMINDER COPY Ill li~: ~11 Control No: 038-001732 2G04 ~l~l~l~l ~ Real rrltl~ T~ Bil D~e: 3/01/~0 COUk ~ ~ OF ~U~ND ~ O, 11 o 0 ~ ~ T~P OF ~R ~I T~ ~U~ DUE ~ ~ ~,~s ~7~ )/01/2004 ~/0[/~00 RIVERA, FRANKIE & KELLE L 17 LOCUST LANE MECHANICSBURG PA 17050 o¢~cE MON & WED 9-5 'CLOSED HOLIDAYS' ,*ou~ OPEN 4/22, 4/39 5-7PM & 4/30 9-5 APPTS AVAILABLE,CLSD 4/12 & 5/24 4017 PHONE: (717)697-1294 Return (~ill with Payment For a Recelpl, Enclose Sell Address,ed Stamped Envelope EXHIBIT C PLEASE DO NOT RECORD WITHOUT IN;:ERTING MORTGAGE BOOK AND PAGE .-.~- ,: .. ASSIGNMENT OF MORTGAGE P~" ~ n~' .... .h~_,, '3F DEEDS OUNBERLA~ID OOUNTY- PA BANK,FSB, ONE RAMIAND ROAD ORANGEBURG, NY 10962 9 28 da,~i l/4,01, a!~d r~o rded on - ~/~(~(.J/:ia thc .0 ~fi c~, o~ ,,,ist~r. Cl:rk or ,ecord,, of D:ed$. Cl[J'MB~Nl~oun~. in Morl~a:, IN WITNESS WHEREOF, thc said PUBLIC SAVINGS BANK to bc duly executed by irz proper officers this 08 day of JANUARY, 2001 TI,~NI M. NORRIS ~Y, SECRETARY/TREASURER IF CHECKED BELOW, THE IN)LLOWING STATEMENT APPLIES TO THIS MORTGAGE LOAN: EXHIBIT D PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2001-07173 MERRILL LYNCH MORTGAGE CAPITAL Reference No..: Case Type ..... : COMPLAINT MORT FORE Judgmen5 ..... ~ 89603.~8 Judge Assigne~: Disposed Desc.: ............ Case Comments ............. (rs) RIVER3t FRANKIE ET AL Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date. Higher Crt 1.: Higher Crt 2,: 12/26/2001 12:56 2/14/2003 o/oo/oooo General Index Attorney Info MERRILL LYNCH MORTGAGE CAPITAL PLAINTIFF FEDERMAN FRANK DEFENDANT DEFENDANT 3815 SOUTHWEST TEMPLE SALT LAKE CITY UT 84115 RIVERA FRANKIE 17 S LOCUST LANE MECHANICSBURG PA 17055 RIVERA KELLE L 17 S LOCUST LANE MECIiANICSBIPRG PA 17055 Judgment Index Amount Date Desc RIVERA FR3kNKIE 89,603.58 2X14X2003 FAILURE TO ANSWER RIVEP~A KELLE L 89,603.58 2J14J2003 FAILURE TO ANSWER RIVERA FRANKIE 89,603.58 2J14J2003 WRIT OF EXECUTION RIVERA KELLE L 89,603 58 2/14/2003 WRIT OF EXECUTION * Date Entries * 12/26/2001 1/09/2002 1/09/2002 2/14/2003 2/14/2003 2/14/2003 2/14/2003 2/14/2003 2/14/2003 2/14/2003 2/14/2003 ............. FIRST ENTRY .............. COMPLAINT - MORTGAGE FORECLOSURE SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT - MORT FORE Ret Type.: Regular Litigant.: RIVERA FR3kNKIE Address..: 17 S LOCUST LANE Cty/St/Zp: MECHANICSBURG, PA 17055 Hn~ To: FRANKIE RIVERA Shf/~Rty.: DAWN KELL Date/Time: 01/07/2002 1128:00 Costs .... : $34.50 Pd By: FEDERMAN & PHELAN 01/09/2002 SHERIFF'S FILE RETURNED FILED. ~ase Type: COMPLAINT - MORT FORE Ret Type.: Regular itigant.: RIVERA KELLIE L Address..: 17 SOUTH LOCUST LANE Cty/St/Zp: MECHANICSBURG, PA 17055 Hnd To: FRANKIE RIVERA Shf/D ry.: DAWN ELL Date/~ime: 01/07~2002 1128:00 . . Costs .... : $16.00 Pd By: FEDERMAN & PHELAN 01/09/2002 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED NOTICE M3tILED TO DEFENDANTS VERIFICATION OF NON-MILITARY SERVICE PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND WRIT OF EXECUTION ISSUED $2.50 PD ATTY $1.00 COUNTY $.50 LL PYSS10 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2001-07173 MERRILL LYNCH MORTGAGE CAPITAL Reference No..: Ca~e Type ..... : COMPLAINT MORT FORE Juqgmenn ..... ~ 89603.~8 Judge Assignea: Disposed Desc.: ............ Case Comments ............. (rs) RIVERA FPJINKIE ET AL Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date Higher Crt 1.: Higher Crt 2.: 12/26/2001 12:56 2/14/2003 o/oo/oooo 5/27/2003 SHERIFF'S RETURN (WRIT RETURNED STAYED PURSUANT TO INSTRUCTIONS FROM ATTY FRANK FEDERMAN) SHERIFF PAID $1.00 COUNTY & $0.50 LL SHERIFF'S COSTS $494.32 PD ATTY ............... LAST ENTRY .............. * Escrow Information * Fees & Debits Beg Bal Pymts/Adj End Bal COMPLAINT TAX ON CMPLT SETTLEMENT JCP FEE JDMT/DEFAULT WRIT OF EXEC SHFF RETURN FEE LAW LIB FEE 35.00 .50 5.00 5.00 9,00 15.00 1.00 .50 71.00 35.00 50 5 00 5 00 9 00 15 00 1 00 .50 71.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 * End of Case ~nformation EXHIBIT P SHERIFF' S RETURN - REGULAR CASE NO: 2004-02890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA/qD CUMBERLAND CO TAX CLAIM BUREAU VS RIVERA FRAlqKIE ET AL CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, ~says, the within RULE AND PETITION CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT , at 1130:00 HOURS, at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 JULIE KURTZ, CLERK, Sheriff or Deputy Sheriff of who being duly sworn according to was served upon on the 13th day of July by handing to ADULT IN CHARGE a true and attested copy of RULE AND PETITION the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 19.70 Sworn and Subscribed to before me this /0- day of PrOthonotary So Answers: R. Thomas Kline oo/oo/oooo f Deputy Stleriff SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-02890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS RIVERA FRANKIE ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: WIEST DEBRA B unable to locate Her RULE AND PETITION TAX COLLECTOR but was in his bailiwick. He therefore returns the the within named DEFENDANT TAX COLLECTOR 269 WOODS DRIVE MECPLANICSBURG, PA 17055 NOT SERVED. PER JULIE IN TAX OFFICE, FILED BANKRUPTCY. , WIEST DEBRA B DEFENDANTS NOT SERVED , as to Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So answers3 . ..~ ~ --, ' R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo Sworn and subscribed to before me this /D ~ day of ~!~Q A.D./Q Prothonotary SHERIFF'S RETURN - U.S. CASE NO: 2004-02890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS. RIVERA FRANKIE ET AL CERTIFIED MAIL / , Sheriff of Cumberland who being duly sworn according to law served the R. Thomas Kline County, Pennsylvania, within named DEFENDANT ,ALLIANCE FUNDING COMPANY , DIVISION OF SUPERIOR BANK FSB by United States Certified Mail postage prepaid, on the 9th day of July ,2004 at 0000:00 HOURS, at ONE RA_MLAND ROAD OR3kNGEBURG, NY 10962 , a true and attested copy of the attached RULE AND PETITION Together with , The returned receipt card was signed by 00/00/0000 Additional Comments: ENVELOPE WAS RETURNED TO SHERIFF'S OFFICE. REASON WAS EITHER MOVED LEFT NO ADDRESS OR FORWARDING ORDER EXPIRED. Additional Comments on R. Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Docketing 6.00 Cert Mail 5.11 Affidavit .O0 Surcharge 10.00 .00 21.11 Paid by Sworn and subscribed to before me this /p ~ day J,g~-)~l A.D. otary on oo/0o/0ooo SHERIFF'S {ETURN - U.S. CASE NO: 2004-02890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS. RIVERA FRANKIE ET AL CERTIFIED M3tIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,MERRILL LYNCH MORTGAGE CAPITAL , by United States Certified Mail postage prepaid, on the 9th day of July ,2004 at 0000:00 HOURS at 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 a true and attested copy of the attached RULE AND PETITION Together with , The returned receipt card was signed by WENDY DANIELS ov/ 2/2oo4 Additional Comments: on Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 5 11 00 10 00 00 21 11 Paid by Sworn and subscribed to before me this //;~ day of ~2~y A.D. R. Thomas Kline Sheriff of Cumberland County on 00/00/0000 SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-02890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS RIVERA FRANKIE ET AL R. Thomas Kline according to law, the within named DEFENDANT RIVERA FRANKIE unable to locate Him RULE AND PETITION , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for , to wit: in his bailiwick. but was He therefore returns the the within named DEFENDANT RIVERA FRANKIE NOT SERVED , as to 17 S LOCUST LANE MECHANICSBURG, PA 17050 NOT SERVED. PER JULIE IN TAX OFFICE, FILED BANKRUPTCY. DEFENDANTS Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 · 28.00 So answers: R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this 7~ ~ day of ~/~ A. D. Prothonotary SHERIFF' S RETURN - NOT SERVED CASE NO: 2004-02890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS RIVERA FRANKIE ET AL R. Thomas Kline according to law, the within named DEFENDANT RIVERA KELLE L unable to locate Her RULE AND PETITION , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for to wit: He therefore in his bailiwick. but was returns the the within named DEFENDANT , RIVERA KELLE L NOT SERVED , as to 17 S LOCUST LANE MECHANICSBURG, PA 17050 NOT SERVED. PER JULIE IN TAX OFFICE, FILED BANKRUPTCY. DEFENDANTS Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo Sworn and subscribed to before me this /D ~ day of ~ ~ ~-~ A.D Prothonotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-02890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS RIVERA FRANKIE ET AL R. Thomas Kline according to law, says, the within named DEFENDANT , to wit: SILVER SPRING TOWNSHIP TAX DEPARTMENT unable to locate Them in his bailiwick. He therefore returns RULE AND PETITION / , Sheriff , who being duly sworn that he made a diligent search and inquiry for but was the the within named DEFENDANT , TAX DEPARTMENT 6475 CARLISLE PIKE MECHANICSBURG, PA 17055 NOT SERVED. PER JULIE IN TAX OFFICE, FILED BANKRUPTCY. NOT SERVED , SILVER SPRING TOWNSHIP DEFENDANTS Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So answers:_~- f~-.~ R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo Sworn and subscribed to before me this /~ day of Prothonotary as to SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-02890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS RIVEP~A FRANKIE ET AL R. Thomas Kline according to law, says, the within named DEFENDANT , to wit: CUMBERLAND VALLEY SCHOOL DIST TAX DEPARTMENT unable to locate Them in his bailiwick. He therefore RULE AND PETITION , Sheriff , who being duly sworn that he made a diligent search and inquiry for but was returns the the within named DEFENDANT , TAX DEPARTMENT 6746 CARLISLE PIKE MECHANICSBURG, PA 17055 NOT SERVED. PER JULIE IN TAX OFFICE, FILED BANKRUPTCY. NOT SERVED , CUMBERLAND VALLEY SCHOOL DIST DEFENDANTS Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 __ .00 16.00- z R. Thomas Kline Sheriff of Cumberland County 0o/oo/oo0o Sworn and subscribed to before me this /0 ~ day of Prothonotary as to OD ~ CIO d ~ IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2003 HELD THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF FRANKIE RIVERA KELLE L. RIVERA TAX PARCEL NO.: 38-15-1275-044A IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND BY COUNTY, PENNSYLVANIA NO. 2004-2890 PRDER OFCOURT AND NOW, this 26th day of August, 2004, this matter having been called, and the solicitor for the Tax Claim Bureau having represented that respondents have filed Chapter 13 Bankruptcy, the matter is continued generally to the call of the Bureau. By the Court, Edgar B.~yl~ ~, ~ Tax Claim Bureau to serve owners and creditors per petitior~ mfm