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HomeMy WebLinkAbout01-7173FEDERMAN AND PHELAN, LLP Bff: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MERRILL LYNCH MORTGAGE CAPITAL 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 Plaintiff FRANKIE RIVERA KELLE L. RIVERA 17 S. LOCUST LANE MECHANICBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. Ot - -1123 fl_x.dd CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0002178119CEM IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MERRILL LYNCH MORTGAGE CAPITAL 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 The name(s) and last known address(es) of the Defendant(s) are: FRANKIE RIVERA KELLE L. RIVERA 17 S. LOCUST LANE MECHANICBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/04/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PUBLIC SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1662, Page 1011. By Assignment of Mortgage recorded 05/08/01 the mortgage was assigned to ALLIANCE FUNDING INC. which Assignment is recorded in Assignment of Mortgage Book No. 674, Page 241. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assigmnent of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/09/01 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. The following amounts are due on the mortgage: Principal Balance Interest 06/09/01 through 12/01/01 (Per Diem $28.16) Attorney's Fees Cumulative Late Charges 01/04/01 to 12/01/01 Cost of Suit and Title Search Subtotal $74,470.00 4,956.16 1,000.00 261.18 550.00 $77,241.34 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $77,241.34 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $77,241.34, together with interest from 12/01/01 at the rate of $28.16 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract o~ land with improvements thereon erected situate in $i!uer sprin~ Township, Cumberland County, Pennsylvania, bounded and descriDed as ~c!lows: BEGINNING at a point on 5he corner of Lot No.99 and a cul-de-sac at the end of Locust Lane as shown in the hereinafter mentioned plan o4 Lots; thence along s~id cul-de-sac in a northerly direction on a curve to the left havzng a radius of 75 feet, an arc distance of 58.90 feet to a point; ~hence along Lot No. 102-A on said plan North 70 degrees 07 minUteS 06 seconds East 166.29 ~eet to a poin~ on the line of Tract No. 160; thence along line of said Tract No. 160 South 33 degrees 48 minutes East 160 feet ~o 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 B7 degrees 58 minutes 47 seconds west 18~-88 feet ~o a point on the northwest side of said Lot No. 99; thence along s~ L~ No. 99 ~orth 58 degrees 51 minutes 57 s~conds We~t ~1.85 t a point ont he corner of said Lot No. 99 and the cul-de-sac at the end of Locust Lane, the place of VERIFICATION ED HIRSH hereby states that he is DIRECTOR OF TIMELINE MANAGEMENT of FAIRBANKS CAPITAL CORPORATION, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. authorities. DATE: 4904 relating to unsworn~ ication to SHERIFF'S RETURN - CASK NO: 2001-07173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERRILL LYNCH MORTGAGE CAPITAL VS RIVERA FR3tNKIE ET AL REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RIVERA FRANKIE the DEFENDANT , at 1128:00 HOURS, at 17 S LOCUST LANE MECHANICSBURG, PA 17055 FRANKIE RIVERA on the 7th day of January , 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18[00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this /~/~ day of A.D. So Answers: R. Thomas Kline 01/09/2002 FEDERMAN & PHELAN Deputy Sheriff SHERIFF'S RETURN - 'CASE'NO: 2001-07173 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERLAND MERRILL LYNCH MORTGAGE CAPITAl, VS RIVERA FRANKIE ET AL REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RIVERA KELLIE L the DEFENDANT , at 1128:00 HOURS, on the 7th day of January , 2002 at 17 SOUTH LOCUST LANE MECHANICSBURG, PA 17055 FRANKIE RIVERA a true and attested copy of COMPLAINT by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of ~_ ~ A.D. So Answers: R. Thomas Kline 01/09/2002 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MERRILL LYNCH MORTGAGE CAPITAL 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 Plaintiff, FRANKIE RIVERA KELLIE L. RIVERA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-7173 CV PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against FRANKIE RIVERA and KEI,I,IE L. RIVERA, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 12/2/01 to 2/13/03 TOTAL $77,241.34 $12,362.24 $89,603.58 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215~ 563-7000 Attomey for Plaintiff MERRILL LYNCH MORTGAGE CAPITAL : COURT OF COMMON PLEAS Plaintiff vs. FRANKIE RIVERA KELLE L. RIVERA : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-7173 CIVIL Defendant TO: KELLE L. RIVERA 17 S LOCUST LANE MECHANICSBURG, PA 17055, DATE OF NOTICE: JANUARY 29, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE ~ You are in default because you have failed enter a writte~ appearance personally or by attorney and file in writing wit]~_~ court your defenses or objections to the claims set forth ag.~t you. Unless you act within ten (10) days from the date o~_~t~is notice, a Judgment may be entered against you without a he~ng and you may lose your property or other important rights~ou should take this notice to a lawyer at once. If you do not~a~e a lawyer or cannot afford one, go to or telephone the folding office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 2493 166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2! '~) 56'~-7000 Attomey for Plaintiff MERRILL LYNCH MORTGAGE CAPITAL : COURT OF COMMON PLEAS Plaintiff FRANKIE RIVERA KELLE L. RIVERA vs. : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-7173 CIVIL Defendant (s) TO: FRANKIE RIVERA 17 S LOCUST LANE MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 29, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT~DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO CO .~T THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION~AINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTIC~ You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MERRILL LYNCH MORTGAGE CAPITAL 3815 SOUTHWEST TEMPLE Plaintiff, FRANKIE RIVERA KELLIE L. RIVERA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7172 CV VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant FRANKIE RIVERA is over 18 years of age and resides at, 17 SOUTH LOCUST LANE, MECHANICBURG, PA 17055. (c) that defendant KELLIE L. RIVERA is over 18 years of age, and resides at, 17 SOUTH LOCUST LANE, MECHANICBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff I PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MERRILL LYNCH MORTGAGE CAPITAL Plaintiff, V. FRANKIE RIVERA KELLIE L. RIVERA Defendant(s). No. 01-7172 CV TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 2/13/03 to 6/11/03 (per diem -$14.73) TOTAL $89,603.58 / $1,738.14 and Costs $91,341.72 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. DESCRIPTION ALL THAT CERTAIN tract of !and 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 memioned Plan of Lots; thence along said cul-de-sac in a Northerly direction on a curve to the left having a radius of 75 feet, an arc distance of 58.90 feet to a point; thence along Lot No. 102-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 58 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 on the 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(Sections Wl and 2 as shown in Plan Book 44, Page 91 and the Final Subdivision Plan, Lot No. 102, White Birch Farms, as in Plan Book 45, Page 93. Tax Parcel #15-1275-044A TITLE TO SAID PREMISES IS VESTED IN Frankie RNera and Kelle L. Rivera, husband and wife by Deed from John M. Smith and' Li~da L. Smith, husband and wife dated 5/19/2000 and recorded 5/19/2000 in Deed Book 221 page 675. Property: 17 SOUTH LOCUST LANE MECHANICBURG, PA 17055 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MERRILL LYNCH MORTGAGE CAPITAL Plaintiff, FRANKIE RIVERA KELLIE L. RIVERA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7172 CV CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Nan ~~L L~CB l~Og~ G~GI~ . abcaction, by its attorney, FR~. F~D~~'~ :~o~aUou ~ ...~~~ ~-~ l. N~e ~a ad. ess o[ ~e~(S) o~ ~utea o~ue~(S): ess (if address c~ot be L~t ~O~ainefl, please indicate) ~rO/le the prope~ Name eaaat/Occup testie Relatiol ~aWealth of ~ ~eat of We/fa blame ,~ocUST LANE 17 SCCBURG, PA 17055 ME( 1 LOCUST LANE 17 qlCBURG, PA 17055 2. Xqarae and address o~ De,cadet(s) in the ~uag~ Sanae as above :ditor whose judgment is a record lien on the re 3 lqame and last knoVm address ropert~] to be sold: ot~ everY ~u ,st Known Address (if address cannot be asonably ascertained, please indicate) that the Stat 'Pa. C.$. Sec. ~oBe MERRILL LYNCH MORTGAGE CAPITAL Plaintiff, V. FRANKIE RIVERA KELLIE L. RIVERA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7172 CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MERRII,I, LYNCH MORTGAGE CAPITAL, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~17 SOUTH LOCUST LANE~ MECHANICBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FRANKIE RIVERA 17 SOUTH LOCUST LANE MECHANICBURG, PA 17055 KELLIE L. RIVERA 17 SOUTH LOCUST LANE MECHANICBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: malTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None MERRILL LYNCH MORTGAGE CAPITAL Plaintiff, V. FRANKIE RIVERA KELLlE L. RIVERA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7172 CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MERRILL LYNCH MORTGAGE CAPITAL, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~17 SOUTH LOCUST LANE, MECHANICBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FRANKIE RIVERA 17 SOUTH LOCUST LANE MECHANICBURG, PA 17055 KELLIE L. RIVERA 17 SOUTH LOCUST LANE MECHANICBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Sallle Last Known Address (if address cannot be reaSOnably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: SalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 17 SOUTH LOCUST LANE MECHANICBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 13, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MERRILL LYNCH MORTGAGE CAPITAL Plaintiff, V. FRANKIE RIVERA KELLIE L. RIVERA Defendant(s). CUMBERLAND COUNTY No. 01-7172 CV TO: FRANKIE RIVERA 17 SOUTH LOCUST LANE MECHANICBURG, PA 17055 February 13, 2003 KELLIE L. RIVERA 17 SOUTH LOCUST LANE MECHANICBIYRG, PA 17055 **THIS FIRM IS .4 DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at ~ 17 SOUTH LOCUST LANE~ MECHANICBURG~ PA 17055, is scheduled to be sold at the Sheriff's Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of.$89~603.58 obtained by MERRILL LYNCH MORTGAGE CAPITAI, (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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHEk 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~DESCRIPTION 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 in a Northerly direction on a curve to the left having a radius of 75 feet, an arc distance of 58.90 feet to a point; thence along Lot No. 102-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 comer of Tract No. 160 and Lot No. 99 as shown on said Plan; thence along said Lot No. 99 South 87 degrees 58 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 on the 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 Bir._ch Farms/Sections W1 and 2 as shown in Plan Book 44, Page 91 and the Final Subdivision Plan, Lot No. 102, White Birch Farms, as in Plan Book 45, page 93. Tax Parcel #15-1275-O44A TITLE TO SAID PREMISES IS VESTED IN Frankie Pix;era and Kelle L. Pivera, husband and wife by Deed from John M. Smith and Linda L. Smith, husband and wife dated 5/19/2000 and recorded 5/19/2000 in Deed Book 221 page 675. Property: 17 SOUTH LOCUST LANE MECHANICBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-7172 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MERR/LL LYNCH MORTGAGE CAPITAL Plaintiff (s) From 17055. (1) (2) of FRANKIE and KELLIE L. RIVERA, 17 S. LOCUST LANE, MECHANICSBURG PA You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 17 S. LOCUST LANE, MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTOIN). You are also directed to attach the property of the defendant(s) not levied upon in the possession 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 h/m/her that he/she has been added as a garnishee and is enjoined as above stated. Amoum Due $89,603.58 Interest 2/13/03 TO 6/11/03 ~ $14.73 er diem Atty's Comm % Att), Paid $122.50 Plaintiff Paid Date: FEBRUARY 14, 2003 L.L. $.50 $1,738.14 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG By: _ Deput~' Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 IN RE:Ri. VEiL, k, FRAN K.IE AKA RIVER-A, FRANK : ; cASE NO. 02.032643JT'1 CHAPTER 13 Debtor(s) Notice is hereby given that the Court has entered an Order dated January 9, 2003 DISMISSING the above-captioned case due to:, DEBTOR'S FAILURE TO APPEAR AT HEARING REGARDING OBJECTION TO pLAN DATE: January. 9, 20{)3 Clerk, U.S. Bankruptcy Court 228 WALNUT sTREET P.O. BOX 908 HARRISBURG, PA 17108-0908 VAN-g7 Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 2 Bankruptcy Docket Report 1 02-03264 (Harrisburg) RIVERA, FRANKIE Docket items entered between 01/01/1931 and 02/13/2003 Filing No. Docket Entry View Date document 06/13/02 1 VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Statements, Doc #1 PDF Plan and Summary [EOD 06/13/02] [AG] (35 pages) 06/13/02 2 DEBTOR(S) affidavit of disbursement of Trustee funds upon Dismissal and/or None Conversion prior to confirmation. [EOD 06/17/02] [CR] 06/24/02 3 CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due Doc g3 PDF (5 15 days after meeting held. [EOD 06/24/02] [AUT] pages) Att: PLAN PDF (2 pages) 07/09/02 4 OBJECTION to plan by UNITED STATES OF AMERICA, INTERNAL REVENUE Doc g4 PDF (4 SERVICE. Re: Item g 1. [Disposed] [EOD 07/10/02] [CR] pages) 08/02/02 5 OBJECTION to plan by MERRILL LYNCH CREDIT CORPORATION. Re: Item g Doc g5 PDF 1. [EOD 08/05/02] [CR] (12 pages) 08/08/02 6 CORRESPONDENCE SETTING STATUS CONFERENCE WITH JUDGE Doc #6 PDF (1 WARREN W BENTZ PRESIDING on 09/11/02 at 02:30 P.M. at FED.BLDG., page) BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item g 5. [EOD 08/08/02] [CR] 08/09/02 7 341 meeting held. [EOD 08/09/02] [CA] None 09/10/02 8 CORRESPONDENCE from counsel for MERRILL LYNCH CREDIT CORP. stating Doc #8 PDF (1 that the Objection to Plan has been settled by stipulation, which shall be filed within page) (30) thirty days. (FAXED COPY) Re: Item # 6. [EOD 09/11/02] [DR] 09/11/02 9 PROCEEDING MEMO: phone conference not held - matter to be reset for 10/8/02 at Doc g9 PDF (1 9:30 a.m. Re: Item g 5. [Rescheduled] [EOD 09/12/02] [CL] page) 09/23/02 10 STIPULATION by PARTIES. Re: Item g 5. [Disposed] [EOD 09/24/02] [CR] Doc gl0 PDF (1 page) 09/24/02 11 ORDER approving stipulation Re: Item g 10. [EOD 09/24/02] [CR] Doc #11 PDF This entry cancels the previous due date. Re: Item g 9. [EOD 10/01/02] [CR] (1 page) 10/08/02 12 PROCEEDING MEMO: conference held Matter to be re-set for December 4, 2002 at Doc #12 PDF 9:30 a.m. Debtor to contact IRS and employer to attempt to re-create return. Court to (1 page) send notice of hearing. Re: Item g 4. [EOD 10/08/02] [JG] 10/09/02 13 CORRESPONDENCE SETTING STATUS CONFERENCE WITH JUDGE Doc #13 PDF WARREN W BENTZ PRESIDING VIA VIDEO CONFERENCE on 12/04/02 at (1 page) 09:30 A.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item g 4. [EOD 10/09/02] [CR] 11/25/02 14 MOTION for relief from stay re: MERRILL LYNCH MORTGAGE CAPITAL (FEE None PAID, REC #589239, $75.00) [EOD 11/25/02] [JR] http ://pacer.pamb.usc~urts.g~v/cgi-bin/f~xweb.exe/npacer/nPacer?ExecThis=d~cket&puid~... 2/13/2003 Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Page 2 of 2 CERTIFICATE OF NON-CONCURRENCE [EOD 11/25/02] [JR] 11/25/02 15 ORDER that answers aredue on 12/16/02 Re: Item # 14. [EOD 11/25/02] [JR] None 11/26/02 16 ANSWER by DEBTOR Re: Item # 14. [EOD 11/27/02] [CG] None 12/04/02 17 PROCEEDING MEMO: conference held Continued to January 3, 2003 at 9:30 a.m. None Testimony taken - not ordered. Filius & McLucas Reporting Service. Re: Item # 4. [EOD 12/04/02] [JG] 12/05/02 18 CORRESPONDENCE SETTING PRELIMINARY PHONE CONFERENCE on None 01/14/03 at 11:00 A.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 14. [EOD 12/05/02] [CR] 12/06/02 19 CERTIFICATE of service Re: Item # 15. [EOD 12/09/02] [CR] None 01/03/03 20 ' PROCEEDING MEMO re hearing held. Case dismissed without prejudice. This court None to prepare Order. Re: Item # 4. [EOD 01/09/03] [JG] 01/09/03 21 ORDER dismissing case DUE TO DEBTOR'S FAILURE TO APPEAR FOR A None HEARING SET FOR JANUARY 3, 2003 ON AN OBJECTION TO PLAN. [EOD 01/09/031 [CR] This entry disposes of motion. Re: Item # 4. [EOD 01/09/03] [CR] 01/13/03 22 NOTICE to creditors of dismissal of case [EOD 01/13/03] [AUT] Doc #22 PDF (2 m~es) Printed: 02/13/03 09:28:38 PACER Service Center Transaction Receipt 02/13/2003 09:28:38 PACER Login: llfpoo39 Ilclient Code: Description: IlDocket IIcase Number: Billable Pages: II3 Hcost: I I[1 2002-03264 1[o.21 ~Need help? Try the PACER User's Guide ~Pacer Service Center http ://pacer.pamb.usc~urts.g~v/cgi-bin/f~xweb.exe/npacer/nPacer?ExecThis=d~cket&puid=... 2/13/2003 Merrill Lynch Mortgage Capital VS Frankie Rivera and Kellie L. Rivera In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-7173 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 9.73 Posting Handbills 15.00 Advertising 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Certified Mail Levy Cumberland Law Journal Patriot News Share of Bills 15.00 187.90 151.15 25.24 $ 494.32 paid by attorney 5/14/03 Swom and subscribed to before me This 3 7 ~ day of~*~ Prothonotary So Answers: R. Thomas Kline, Sheriff Re~l Estate Deputy ,.4 o 90t.. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ..~ ~ PUBLICATION ................................. ~ ..... '" COPY Sworn to andNo~dba~e~ b~fore m~e _~.I~ay of,,M~y 2p0~A.. My ~mmiss on Ex~res June 6, 2 NOTARY PU~ ~ Mem~r, Pe~nsw~n ~ ~s~a~n ~No~s~aY commission expires ,June o, ~uuu CUMBERED COU~ SHERIFFS OFFICE CUMBERED ~ ~U~OUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 149.40 $ 1.75 $ 151.15 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. Frankle Rlvera and K~H~ L. Att~: I=rank DE~CRIP~an ~ ~AT CERTAIN iuc~,,~ ~ ~ Spring Township, Cu ' .~ .... r~u ws' and a cai de-sac at the ~nd of ~us ShO~n in ~e hereinafter mention ..... ~ence ~ong said cubde-sac m a .75 f~ - ,~ & ~- said Plan Noah 70 de~es 07 mmut~ ..... f Tract ~o. feet to a ~int on me nnc u ~encc along linc Tract ~o. 160 South 33 te of said lrac[ inures East 160 feet to a ~mt at dc s 48 m .... ~ ~a ~ t No 99 as show9 ceo~ o[ Trot ~o. ~ uy ~TS}' Lot'~o 99 Soum on sff~d PI~; thence mong .... · . inures 4~ ~on& West ~89.88 [eet to a ~mnt ou, u,y_ ~aid ~t ~o. 9g ~o. 99; ~ence amng ~ es 5~ seconds West 5 ~ .85 [~t to dc~s 5~ ~mut - *~ ' ~t No 99 and a ~int on ~e come, o~ s~ ~ · d of Lo~st Lane, &e place of cul-de-sac at th~,~ ~ ~t ~o i02-B g. ~u~u ~ ~ ' ~s F~e ~'~ .... hn ~ Smi~ aha ' ~q~0~ in Deed Book 221 page~?. ,~utVeyO[,, 05it'U Ir'd' ' ~.~ .r or'Pectic m ann ~r TAX p~RCEL M{);m0-~3~- ~'v · .~, ~ka-r) <AID l ~ ' eared in Tim ~ , ~' A. m e~0, husband and ~'~~' dated IVI3/ '" g ?4/ , REAL Atty: Fra ALL' ~m~ Pennsylv~ia, follows: ina t~lence West fo~erly f~t to a point on the mdc alley (unopened and North 70 degrees 56 n along the Southern line c 50. feet to a mrnutes trrete tract or Parcel of land and being in the in the County of th of as Western line of 25O said 50 feet S~onds now or 150 15 foot thence East 03 Line distance line of PO.Z?" th. Somern