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HomeMy WebLinkAbout99-04773 `? ? 1 - L. O Zlz8 M.-MwtzzO -wl'P?o-?n?W amHN to mlw0 b ts"o . 1M3131b15'llb FEDERMAN AND PHELAN BY: Lisa D. Blankenburg, Esq. Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 X2151 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. vs. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD ORDER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 99-4773-CIVIL AND NOW, this ?` day of 62c/7> 3..ti 1999, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s), DONALD W. SHEPHARD, A/K/A DONALD Dkk SHEPHERD, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the defendant's last known address, 224 BELLA VISTA DRIVE, MARYSVILLE, PA 17053 and to the mortgaged premises at 3824 MOUNTAIN VIEW ROAD, MECHANICSBURG, PA 17055. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: J. r'i f ??? ?ti ?'%i?. eJ '?i '? ' r; _ 't ? `. _\J J K? ?? t,. o? 1 0 FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Lisa D. Blankenburg, Esq. Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. No. 99-4773-CIVIL DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Lisa D. Blankenburg, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the defendant's last known address, 224 BELLA VISTA DRIVE, NARYSVILLE, PA 17053, and to the mortgaged premises, 3824 MOUNTAIN VIEW ROAD, MECHANICSBURG, PA 17055 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with Complaint have been unsuccessful, as indicated by the Sheriff's Return of Service by the Sheriff's Office attached hereto as Exhibit "A". 2. Defendant Amy C. Shephard, a/k/a Amy C. Shepherd was served personally at the mortgaged premises, 3824 MOUNTAIN VIEW ROAD, MECHANICSBURG, PA 17055 on August 11, 1999. She also accepted service on this date for DONALD W. SHEPHARD, A/ K/A DONALD E. , 11 SHEPHERD at the mortgaged premises, 3824 MOUNTAIN VIEW ROAD, t MECHANICSBURG, PA 17055, but since the defendants are divorced this _., is not good service. 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as exhibit ,B,,. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the complaint by certified mail and regular mail. -1 -Q& - Lisa . B1 nkenbur Esquire ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN BY: Lisa D. Blankenburg, Esq. Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. No. 99-4773-CIVIL DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (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(s) and the reasons why service cannot be made. Note: A Sheriff's return 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) inquires 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 Sheriff's Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good Faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B" WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail to the defendant's last known address. M=1?1: ?Y submitted: Lisa . Blan nburg, Esquire Attorney for Plaintiff CASE NO: 1999-04773 P COMMONWEALTH OF PENNSYLVANIA- COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. SHEPHARD DONALD W ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEPHARD DONALD W A/K/A SHEPHERD DONALD W the defendant, at 17:48 HOURS, on the 11th day of August 1999 at 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to AMY C. SHEPHERD a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: r Docketing 18.00 Service 8.6 Affidavit .00 0 e?• , Surcharge 8.00 omas ine, eri $-=69-FEDERMAN & PHELAN 08/12/1.999 _ by e Y/ 1 Sworn and subscribed to before me this day of 19 A.D. ?y?e?TA ro ono ary CASE NO: 1995-U:? L COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. SHEPHARD DONALD W ET AL 71 7- 17- R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: SHEPHARD DONALD W A/K/A SHEPHERD DONALD W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named defendant SHEPHARD DONALD W A/K/A SHEPHERD DONALD W DEFT DOES NOT RESIDE AT ABOVE ADDRESS. UNABLE TO CHECK P.O. BECAUSE IT IS IN PERRY COUNTY, PA. Sheriff's Costs: So answ s:_ Servicing 6.00 , 9.92 Not found return 5.00 f*r »?? Surcharge 8.00 R:/'I omas ine, SI'ieri $787-72 FEDER7AN AND PHELAN 09/10 1999 Sworn and subscribed to before me EXN181Tq this day of 19 A.D. ro ono ary PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 99-4773-CIVIL Attorney Firm: TRACK STARS Case Number: Subject: DONALD W & AMY C SHEPHARD A.K.A.: DONALD W SHEPPARD, DON W SHEPHERD Property Address: 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 Last Known Address: 224 BELLE VISTA DRIVE MARYSVILLE, PA 17053 Last Known Number: ( ) - Michael K Gross, being duly swom according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 09/22/1999, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: NFOR CREDAI. ISOC AhL SECURITY NUMBER: 283-44-8543 205-56-5002 - ?`?`? B. EMPLOYMENT SEARCH: Unable to locate a good employer for Donald and Amy. C. INQUIRY OF CREDITORS: The creditors Indicated that Donald and Amy are living at 224 Belle Vista Drive, Marysville, Pa. 17053 with no valid home phone number. Donald and Amy filed chapter 7 bankruptcy in July 1998 with attorney James Bach. Case # 3498. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Donald and Amy Shephard. INQUIRY OF NEIGHBORS - Contacted and old neighbor at 717-732-0747 registered at 3825 Mountain View Road who stated both Donald and Amy Shepherd are living at 224 Belle Vista Drive, Marysville, Pa. 17053 INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of September 16, 1999 the National Change of Address (NCOA) has no change for Donald and Amy from last known address. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Donald and Amy listed at last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of September 16,1999 the Social Security Administration has no death records on file for B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None Found C. COUNTY VOTER REGISTRATION: The Perry County Voters Registration Office has Donald and Amy listed at last known address. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Donald 11116/47 Amy1962 AFFIANT Michael K Gross " NOTARY SEAL " Kristine M. Scott, Notary Public St. Louis County, State of Mlssourl My Commission Expires 91212002 ?.. .. n Players National Locator 16201 Westwoods Business Park Drive St. Louis, MO 63021 Phone: (314) 230-9922 Fax: (314) 230-0558 EXHIBIT B V E R I F I C A T I O N Lisa D. elankenburg, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE COMPLAINT PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 30, 1999 lal Lisa D. B1 nkenburg, Esquire Attorney for Plaintiff v II J I v \ 1 M1 CC, O CC V C' u? ? Q C SH Z ?CLL?j a -?.2 z U4 cz ?J 1 IT LEaS?erua ?ud?zP oml ??? ? P ! ??aoNdNdN N? ooraueux ra ??n?sout aox ? cacao 'ivmt3WIs nv FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607-5066 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM "t Plaintiff q _ iyN v. NO. y CUMBERLAND COUNTY DONALD W.SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 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 1. Plaintiff is FIRST UNION NATIONAL BANK, SB/M TO CORESTATES BANK, N.A. 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607-5066 2. The name(s) and last known address (es) of the Defendant(s) are: DONALD W.SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/2/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1340, Page 916. 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 3/25/99 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. A copy of such notice is attached as Exhibit "A." Plaintiff is FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607-5066 2. The name(s) and last known address (cs) of the Defendant(s) are: DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/2/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1340, Page 916. 4. 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 3/25/99 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. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $25,331.83 Interest 12.48 2125/99 through 8/1/99 (Per Diem $0.08) Attorney's Fees 800.00 Cumulative Late Charges 0.00 8/2/96 to 8/1/99 Cost of Suit and Title Search 550.00 Subtotal 26,694.31 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $26,694.31 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose has been sent to Defendant(s) by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A". 9. 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 Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $26,694.31, together with interest from 8/1/99 at the rate of $0.08 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. Frantnan S, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff N Fust Union Hetionel Bank ??I IIv l0 PA1327 v P. O. Box 7558 Philadelphia, Pennsylvania 19101.7558 DONALD W SHEPHERD 3824 MOUNTAIN VIEW RD MECHANICSBURG, PA 17055-0000 June 21, 1999 RE: FUNB Loan Number: 08500092345 FUMC Loan Number 0009897936 NOTICE. OF INTENTION TO FORECLOSE First Union National Bank is the holder of the mortgage on your property located at 3824 MOUNTAIN VIEW R, which mortgage is in SERIOUS DEFAULT because you have not made the current monthly payment of 561.35 for 03/25/1999 through 06/25/1999. Late charges (and other charges) have also occurred in the amount of 0.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is 1684.05. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, we will obtain and provide you with written verification thereof: otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, we will send you the name and address of the original creditor if different from above. You may cure this default within TI-IIRTY (30) DAYS of the date of this letter, by paying to us the above amount of 1684.05, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made in the form of certified check, cashier's check or money order, and made at First Union National Bank, PA1327, P.O. Box 7558, Philadelphia, Pennsylvania 19101-7558. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If the full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the THIRTY (30) DAY period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTANCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. EXHIBIT A R??N P'UnionNeGonelBenk PAIA1327 P. O. Box 7558 Philadelphia, Pennsylvenin 19101-7558 AMY C SHEPHERD 3824 MOUNTAIN VIEW RD MECHANICSBURG, PA 17055-0000 June 21, 1999 RE: FUNB Loan Number: 08500092345 FUMC Loan Number 0009897936 NOTICE, OF INTENTION TO FORECLOSE First Union National Bank is the holder of the mortgage on your property located at 3824 MOUNTAIN VIEW R, which mortgage is in SERIOUS DEFAULT because you have not made the current monthly payment of 561.35 for 03/25/1999 through 06/25/1999. Late charges (and other charges) have also occurred in the amount of 0.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is 1684.05. You may dispute the validity of the debtor any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, we will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, we will send you the name and address of the original creditor if different from above. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of 1684.05, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made in the form of certified check, cashier's check or money order, and made at First Union National Bank, PA 1327, P.O. Box 7558, Philadelphia, Pennsylvania 19101-7558. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If the full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the THIRTY (30) DAY period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTANCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. EXHIBIT A We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the TIJIR'IY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the defaull and prevent sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total due, as well as the reasonable attorney's fees and cost incurred in connection with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs Sale could be held would be approximately six months from the date of this letter. A notice of the date of the SheritTs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wail. You may rind out any time exactly what the required payment will be by calling us at the following number: 1-800.444.4312. This payment must be in the firm of certified check, cashier's check or money order and made payable to us at the address stated above. You should realize that a Sherilrs Sale will end your ownership of the mortgaged property and your right to remain in it. Ifyou continue to live in the property after the Sheriffs Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY'r0 FAY OFF THE. MORTGAGE DEB'I'.OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TOOR Al' THE SALE AND THAT'nIE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE THIS MIGHT EXIST. YOU HAVE THE RIGI-IT TO RAVE TI IIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEI-IALF. If you cure this default, the mortgage will be restored to the same position as if no default has occurred, However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Said" q"" Stephen Harvey First Union National Bank BLPICP EXHIBIT A N First Union National Bank I n PA 1327 v P. O. Box 7558 Philadelphia, Pennsylvania 19101-7558 DONALD W SHEPHERD 3824 MOUNTAIN VIEW RD MECHANICSBURG, PA 17055-0000 June 21, 1999 RE: FUNB Loan Number: 08500092345 FUMC Loan Number: 0009897936 Property Address: 3824 MOUNTAIN VIEW R MECHANICSBURG, PA 17055 From: First Union National Bank, owner and holder or agent for owner and holder for the referenced Mortgagor (s). ACT 91 NOTICE TAKE. ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notification en adjunto es de sums inportancia, pues afecta so derecho a continuar viviendo en su casa. Si no comprende el contenido esta notification obtenga una traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero meniconado arriba. Puedes ser elegible pars on prestamo por el programs Ilamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar so casa de In perdida del derecho a redimir so hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has EXHIBIT 13 /RN UNDO AMY C SHEPHERD First Union National Bank PA 1327 P. O. Box 7558 Philadelphia, Pennsylvania 19101-7558 3824 MOUNTAIN VIEW RD MECHANICSBURG, PA 17055-0000 June 21, 1999 RE: FUNB Loan Number: 08500092345 FUMC Loan Number: 0009897936 Property Address: 3824 MOUNTAIN VIEW R MECHANICSBURG, PA 17055 From: First Union National Bank, owner and holder or agent for owner and holder for the referenced Mortgagor (s), ACT 91 NOTICE. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1-800-342.2397. La notification en adjunto es de sums inportancia, pues afecta so derecho a continuer viviendo en so casa. Si no comprende el contenido esta notification obtenga una traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al nurnero meniconado arriba. Puedes ser elegible para on prestmno por el programa Ilamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar so casa de la perdida del derecho a redimir so hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has MAMBA a been caused by circumstances beyond you control, you have a reasonable prospect of resuming you mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of you rights. Under the Act, you are entitled to a temporary stay of foreclosure of your mortgage for thirty (30) days from the dale of this Notice. During that time you must arrange and attend a "face-lo-face" meeting with it representative of the lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face to face meeting with this lender, or with it consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. Your mortgage holder is First Union National Bank, PA 1327, P.O. Box 7558, Philadelphia, Pennsylvania 19101-7558 telephone number 1.800-444-4212. The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to face meeting. You should advise your lender immediately of your intentions. Your mortgage is in default because you failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is 1684.05. That sum includes the following: Total of3 monthly payment(s) front 03/25/1999 to 06/25/1999 Late Charges 1684.05 0.00 Property inspections and NSF check charges, if any 0.00 Other charges accrued, if any 0.00 LESS: Suspense (unapplied funds): 0.00 TOTAL AMOUNT OF DELINQUENCY: 1684.05 Your mortgage is also in default for the following reasons: N/A If you have tried and are unable to resolve this problem at or after your face to face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your applications must be filed or post marked, within thirty (30) days of your face-to face meeting. It it erlrente/v importani Thal you file your application promptiv. if you do not do so, or if you do not follow the other tinter periods set forth in this letter, foreclosure mov proceed againsv your house inunedialely It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time EXHIBIT 5 requirements set forth above. You will be notified directly by that Agency of its decision of your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1.800.342.2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397. In addition you may receive another notice from this lender under Act fi of 1974. That notice is called "Notice of Intention to Foreclose". You must read both notices, since they both explain your rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving Ilmt assistance. Sent by Regular Mail, Certificate of Mailing (PS Form 3877) Sincerely, -S&AAM ow"" Stephen Harvey First Union National Bank BLP2CP EXHIBIT 13 Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) L-ycoming•Clinwo Counties Commission For Community Action (STEP) 2138 Lincoln Scree P. 0. Box 1329 W(Iliamspor PA 17703 (570) 326-0547 FXX (570) 322-2197 CCCS of .Northeastern PA 201 Basin street W'lliaasPom PA 17703 (570) 323.4627 FAX (570) 323.8626 CLL?rPO_ N_ COL-M CCCS of.Northeastern PA 1631 S Atherton Sc Suite 100 Since College, P.s.16201 (814) 238.3668 F.4X (814) 238.3669 COLUNMIA COUNTY CCCS of Northeastern Pennsvlvania 31 W. Market Street 1400 Abington E.ceardve Park POS U27 Suite 1 Wilkes-Barre, PA 18702 Clarks Summir. PA 18411 (570) 821-0837 or(800)922.9537 (570)587.9163 or (800) 922-9537 FAX (570) 821-1785 FAX (570) 587-913.419135 Commission on Economics Opportunity of Luzerne County 163 Amber Lane Willa-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 F.kX (570) 829.1665--CALL, BEFORE FA <L%TG (570) 455-4994 H-4ZELTON FAX (570) 455.5631-CALL BEFORE F.s.MNG (570) 836-4090 TU` ICiANNOCK Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814)453.5744 FAT (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CRAWFORD COLLNTY Greater Era Community Action Committee 18 West 9th Street Ere, FA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc 601 1ndiaaa Avenue Farrell P.A. 16121 (412) 981.5310 CUilMERL ,ND COUNTY CCCS of Western Pennsylvania. Inc. Financial Counseling Serrices of Franklin 2000 Linglestown Road 31 West 3rd Street Hart isburg, PA 17102 Waynesboro, PA 17 268 (717) 541.1757 (717)762.3295 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FXX (717) 234-9459 CommunityAction Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232.9757 FAX (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, P.6,17013 (717) 243.3818 FAY (717)731.9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334.1518 FAX(117)3344325 EXHIBIT B PENNSYLVANIA BULLETIN, VOL 29, No. 24, JUNE 5, 1999 ALL that Following doscri.6ad lot orl4round situate;. lying and being in Har..pton Township; County of Cumberland, commonwealth of Pennsylvania, being Lot 3 on-subdivision plan for Margaret E. Deimler prepared by Grova Associates, dated April, 15, 1981 end approved by the' commissioner's of Hampden Township on the 4th day Cumberland countRnduly recorded in Plan Book 40; p ?qe 104, y Records, also known as 3824 Mt. View Raad, bounded and limited as follows, to wit!'. at the at a point,in line of land now o late of Ralph Early at the northeast corner oT Lot No. 2 or. the ehereinafter mentioned subdivision plan, formerly .property. of Margaret E. Deimler; thence alon4 the westerly line of said Lot NO. Z; South 4 degrees 48 ainutes 54 seconds West '239.48 tent. to-a point'' on the northerly line of Lot No. 1, property of Margaret E. Deimler; thence along the latter line and along the northern terminus of .a rightrof-way, North a5 degrees i o minutes 59 seconds West 74.48 feet to an iron pih; thence along property now or' lato of William Frizzell, North 78 degrees 23 minute's 55 se8onde West 202.25 feet to an iron pin; thence by lands of ouldio A ,cri, North i2 dagreo§ 44 minute. 38 seconds East 203.77 feet to an iron pin at liz1e of,,lands noci or- late of Ralph Early; thence by the latter lands, south 88 degrees 22 minutes 12 seconds East 247.59 feet to; the place of BEGINNING. IT Daml the lama pr¢miges which- Evan. e. Deiinle.r and Dianna N. Daimler, his wife, by 'deed dated '?/18/e© and recorded 7/19j88 in the office of the Recorder of. Deeds in and £or Cumberland count-y, Pennsylvania; in Record, Book'L-33'=839, granted and conveyfad,unto DWAYNE A. DE:CMLER and K?_RZi , A-.- DEIMILZR. AND the said 'Grantors do he=eby herein conveyed. 'warrant specially the p=operty VERIFICATION DENNIS CHASTEN hereby states that he is ASSISTANT VICE-PRESIDENT of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this [natter, 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. 4904 relating to unsworn falsification to authorities. G DATE: S ? 1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-04773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK vs. SHEPHARD DONALD W ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEPHARD DONALD W A/K/A SHEPHERD DONALD W the defendant, at 17:48 HOURS, on the 11th day of August j 1999 at 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to AMY C. SHEPHERD a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: a; Docketing 18.00 Service 8.68 Affidavit ?0'" Surcharge 8.00 mas line, eri -08/12 1999 PHELAN by Sworn and subscribed to before me this /1 tz, day of 19qq A. D. n n ti. /a'Gf e } rotnonoCa-i-yy N SHERIFF'S RETURN - REGULAR CASE NO: 1999-04773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. SHEPHARD DONALD W ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEPHARD AMY C A/K/A SHEPHERD AMY C the defendant, at 17:48 HOURS, on the 11th day of August 1999 at 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to AMY C. SHEPHARD a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers:, Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 omas ine, eri $14 . u u FEDERMAN & PHELAN 08/12/1999 by epu y eri Sworn and subscribed to before me this day of 19? A.D. y , ro no-E notary FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 Attorney for Plaintiff FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. Plaintiff Vs. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHARD AMY C. SHEPHARD, A/K/A AMY C. SHEPHARD Defendants COURT OF COMMON PLEAS . CIVIL DIVISION . Cumberland County . No. 99-4773-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. I ,r.,. I,aC?1nm r? FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: August 26. 1999 ti -? yl n 1 C . rl- ?i ry Cif ?? SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-04773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. SHEPHARD DONALD W ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: SHEPHARD DONALD W A/K/A SHEPHERD DONALD W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named defendant SHEPHARD DONALD W A/K/A SHEPHERD DONALD W DEFT DOES NOT RESIDE AT ABOVE ADDRESS. UNABLE TO CHECK P.O. BECAUSE IT IS IN PERRY COUNTY, PA. Sheriff's costs: So answ S j Docketing 6.00 Service 9.92 Not found return 5.00 Surcharge 8.00 omas ine, 5 eri $27=. FEDERMAN AND PHELAN 09/10/1999 Sworn and subscribed to before me this ,y day of 1949,? A.D. 0 '-Pro not 0 nary ?'r 4_ SHERIFF'S RETURN - REGULAR CASE NO: 1999-04773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. SHEPHARD DONALD W ET AL HAROLD J. WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEPHARD AMY C A/K/A SHEPHERD AMY C the defendant, at 1908:00 HOURS, on the 1st day of September 1999 at 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to AMY SHEPHERD a true and attested copy of the COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing Service Affidavit 18.00 9.30 .00 Surcharge 8.00 FBI omas ine, She U D P E HEELAN 09/ O 1999 - ? by , /f y 5 eri Sworn and subscribed to before me this i e tz- day of 19 A.D. ro ono ary WTW6 IN m OIWEZZ p 3i pwi?uu?w nnr iro w „wawo r ` ca LLO 'lr9P ilvis nr FEDERMAN AND PHELAN BY: Lisa D. Blankenburg, Esq. Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County VS. No. 99-4773-CIVIL DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD CERTIFICATION I, LISA D. BLANKENBURG, ESQUIRE, hereby certify that a copy of the Motion for Alternate Service has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 224 BELLA VISTA DRIVE MARYSVILLE, PA 17053 AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 224 BELLA VISTA DRIVE MARYSVILLE, PA 17053 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. Lisa D. B ankenburg, Esquire Federman and Phelan Date: September 30, 1999 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. Plaintiff Vs. Attorney for Plaintiff . COURT OF COMMON PLEAS . CIVIL DIVISION CUMBERLAND COUNTY DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD NO.99-4773-CIVIL AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD Defendant(s) VERIFICATION I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD at 224 BELLA VISTA DRIVE, MARYSVILLE, PA 17053 AND 3824 MOUNTAIN VIEW ROAD, MECHANICSBURG, PA 17055 on OCTOBER 26, 1999, in accordance with the Order of Court dated OCTOBER 8. 1999. 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. FRANK FEDERMAN, ESQUIRE DATE: October 26, 1999 rn :? U on i.J FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 Attorney for Plaintiff FIRST UNION NATIONAL BANK, S/B/M TO CORSTATES BANK, N.A. Plaintiff Vs. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD Defendants . COURT OF COMMON PLEAS . CIVIL DIVISION . Cumberland County . No. 99-4773-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: October 19. 1999 u..<? Cl-I „_ Ln FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 First Union National Bank s/b/m to Corestates Bank, N.A. 1100 Corporate Center Drive Raleigh, NC 27607 Plaintiff vs. Donald W. Shephard a/k/a Donald W. Shepherd 224 Bella Vista Drive Marysville, PA 17053 Amy C. Shephard a/k/a Amy C. Shepherd 3824 Mountain View Road Mechanicsburg, PA 17055 Defendant(s) Attorney for Plaintiff COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 994773 Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enterjudgment in favor of the Plaintiff and against Donald W. Shephard a/k/a Donald W. Shepherd and Amy C. Shephard a/k/a Amy C. Shepherd, 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 Plaintiffs damages as follows: As set forth in Complaint Interest 8/1/99 to 11/29/99 $26,694.31 $9_68 TOTAL $26,703.99 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237. 1, copy attach/n?ed. FRANK FEDERMAN, ESQUIRE mey for Plaintif DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ->? a4L? ) PRO R THY '*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEEM 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. " FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST UNION NATIONAL BANK, COURT OF COMMON PLEAS S/B/M TO CORESTATES BANK, N.A. . CIVIL DIVISION Plaintiff Vs. . CUMBERLAND COUNTY NO.99-4773-CIVIL DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD Defendant(s) TO: DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD 224 BELLA VISTA DRIVE MARYSVILLE, PA 17053 DATE OF NOTICE: NOVEMBER 16, 3.999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST UNION NATIONAL BANK, COURT OF COMMON PLEAS S/B/M TO CORESTATES BANK, N.A. . CIVIL DIVISION Plaintiff VS. . CUMBERLAND COUNTY . NC.99-4773-CIVIL DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD Defendant(s) TO: AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVEMBER 16, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BAR ASSOCIATION Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff First Union National Bank s/b/m to COUNTY Corestates Bank, N.A. Court of Common Pleas Plaintiff : CIVIL DIVISION VS. Donald W. Shephard a/k/a Donald W. Shepherd Amy C. Shephard a/k/a Amy C. Shepherd Defendant(s) NO. 994773 Civil 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 Donald W. Shephard a/k/a Donald W. Shepherd is over 18 years of age and resides at 224 Bella Vista Drive, Marysville, PA 17053. (c) that defendant Amy C. Shephard a/k/a Amy C. Shepherd is over 18 years of age, and resides at 3824 Mountain View Road, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. q 2 n FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) First Union National Bank s/b/m to :COUNTY Corestates Bank, N.A. Plaintiff VS. : Court of Common Pleas CIVIL DIVISION :NO. 994773 Civil Donald W. Shephard a/k/a Donald W. Shepherd Amy C. Shephard a/k/a Amy C. Shepherd Defendant(s) Notice is given t a Judgment in the above captioned matter has been entered against you on December /e 1999. BY W EPUTY (,F J If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215)563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** r r u'- U R, c ?y (, ?r f-? `S. :y PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180.3183 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. Plaintiff Va. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4773 CIVIL PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Defendant(s) TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $26,703.99 ? Interest from 12/15/99- $ 342.42 and Costs 3/1/00 (PER DIEM - $4.39) $27,046.41 Total v? FRAI K FEDER ESQUIRE TWO PENN CENTER PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. co rn m E v E a H H u M r IT ON z° d O? a aa? ?a U OUO Oa W W F? ?O U a z RI w w H y a 0 V F \ m z 0 H Y z 0 jH p F a H W D a x aa N a w to m aV Von A as :9 m vl m SU z? A O ."7 U W ? w? O F ? 3h as W o a? w ro N .J, w A? z Ln oAo m 0 oa ?o aka w WU a H N? ?o a N a? H ? N H > E?H 1 O w N N N N m 00 N v ?4 ro ro to 0) Ea m v A F u m a 01 u x a m a W ro ALL that following described lot of ground situate, lying and being in Hampton Township, County of Cumberland, Commonwealth of Pennsylvania, being Lot 3 on subdivision plan for Margaret E. Deimler prepared by Grove Associates, dated April 15, 1981 and approved by the Commissioners of Hampden Township on the 4th day of August, 1981 and duly recorded in Plan Book 40, page 104, Cumberland County records, also known as 3824 Mt. View Road, bounded and limited as follows, to wit: BEGINNING at a point in line of land now or late of Ralph Early at the northeast corner of Lot No. 2 on the hereinafter mentioned subdivision plan, formerly property of Margaret E. Deimler; thence along the westerly line of said Lot No. 2, South 4 degrees 48 minutes 54 seconds West 239.48 feet to a point on the Northerly line of Lot No. 1, property of Margaret E. Deimler; thence along the latter line and along the northern terminus of a right-of-way, North 85 degrees 10 minutes 59 seconds West 74.48 feet to an iron pin; thence along property now or late of William Frizzell, North 78 degrees 23 minutes 55 seconds West 202.25 feet to an iron pin; thence by lands of Ovidio Acri, North 12 degrees 44 minutes 38 seconds East 203.77 feet to an iron pin at tine of lands now or late of Ralph Early; thence by the latter lands, South 88 degrees 22 minutes 12 seconds East 247.59 feet to, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Donald W. Shephard and Amy C. Shephard, husband and wife, by Deed from Dwayne Deimler and Karen Deimler, husband and wife, dated 1/11/93, recorded 1/19/93 in Record Book C-36 Page 313. G U U ? lJ it V FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 j (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. Va. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD CERTIFICATION ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 99-4773 CIVIL 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 (XX) Act 91 procedures have been fulfilled This certification is made subject to the penalties of IS Pa. C.S. Section 4904 relating to unsworn falsification to authorities. AOA' FRAI?X FEDERMAN, ESQUIRE Attorney for Plaintiff ?- ?.= u ?= c. ?= w:-:i c? ILA ' r_; ?!, : , n ??? < ' ?_ - ?,., c - - . U <?: tJ• V FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. VS. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 99-4773 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK N.A. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3824 MOUNTAIN VIEW ROAD, MECHANICSBURG, PA 17055. 1. Name and address of owner (s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD 224 BELLA VISTA DRIVE MARYSVILLE, PA 17053 PRESENT WHEREABOUTS UNKNOWN 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 4. Name and address of the last recorded holder of every mortgage of record: NAME ADVANTA FINANCE CORPORATION LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 4811 JONESTOWN ROAD SUITE 223 HARRISBURG, PA 17109 HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE, SUITE 107 MECHANICSBURG, PA 17055 5 NONE 6 NONE 7 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 13 NORTH HANOVER STREET CARLISLE, PA 17013 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 unsworn falsification to authorities. December 14, 1999 DATE RE F K FEDER ESQUIRE At orney for Plaintiff F-: ?., . , cl O-, FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. Vs. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD ANY C. SHEPHARD, A/K/A AMY C. SHEPHERD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4773 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY December 14, 1999 TO: DONALD W. SHEPHARD, DONALD W. SHEPHARD, A/K/A A/K/A DONALD W. SHEPHERD DONALD W. SHEPHERD 224 BELLA VISTA DRIVE AMY C. SHEPHARD, A/K/A MARYSVILLE, PA 17053 AMY C. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 **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 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on MARCH 1. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $26,703.99 obtained by FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK N.A. (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Sheriff's Sale. 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 cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 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. The 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that following described lot of ground situate, lying and being in Hampton Township, County of Cumberland, Commonwealth of Pennsylvania, being Lot 3 on subdivision plan for Margaret E. Deimler prepared by Grove Associates, dated April 15, 1981 and approved by the Commissioners of Hampden Township on the 4th day of August, 1981 and duly recorded in Plan Book 40, page 104, Cumberland County records, also known as 3824 Mt. View Road, bounded and limited as follows, to wit: BEGINNING at a point in line of land now or late of Ralph Early at the northeast corner of Lot No. 2 on the hereinafter mentioned subdivision plan, formerly property of Margaret E. Deimler; thence along the westerly line of said Lot No. 2, South 4 degrees 48 minutes 54 seconds West 239.48 feet to a point on the Northerly line of Lot No. 1, property of Margaret E. Deimler; thence along the latter line and along the northern terminus of a right-of-way, North 85 degrees 10 minutes 59 seconds West 74.48 feet to an iron pin; thence along property now or late of William Frizzell, North 78 degrees 23 minutes 55 seconds West 202.25 feet to an iron pin; thence by lands of Ovidio Acri, North 12 degrees 44 minutes 38 seconds East 203.77 feet to an iron pin at line of lands now or late of Ralph Early; thence by the latter lands, South 88 degrees 22 minutes 12 seconds East 247.59 feet to, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Donald W. Shephard and Amy C. Shephard, husband and wife, by Deed from Dwayne Deimler and Karen Deimler, husband and wife, dated 1/11/93, recorded 1/19/93 in Record Book C-36 Page 313. c:a 1 L_ _ C,i U' u, First Union National Bank, S/B/M to Corestates Bank, N.A. V. Plaintiff, Donald W. Shephard, a/k/a Donald W. Shepherd Amy C. Shephard, a/k/a Amy C. Shepherd Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4773 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) First Union National Bank, S/B/M to Corestates Bank. N.A., 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 3824 Mountain View Road, Mechanicsbure, PA 17055. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Donald W. Shephard, 224 Bella Vista Drive a/Wa Donald W. Marysville, PA 17053 Shepherd Present Whereabouts Unknown 2. 3. Amy C. Shepard, a/k/a 3824 Mountain View Road Amy C. Shepherd Mechanicsburg, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Bankers Trust Company 10790 Rancho Bernado Road of California, N.A. San Diego, CA 92127 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Advanta Finance 4811 Jonestown Road, Suite 223 Corporation Harrisburg, PA 17109 Household Realty 25 Gateway Drive Gateway Square, Suite 107 Corporation Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 3824 Mountain View Road Mechanicsburg, PA 17055 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /1tiVL? ?OCa ,cep( January 29, 2000 DATE F ANK FEDER AN, ESQUIRE Attorney for Plaintiff 0 v hA oN W xa?; a ?a ?a ?v= C L'6 {? 0. 9 O o W F 4 L I 9 C b d A b g C b 9 A 9 V zao i LL f , l G p x U `o A ? Q F. z O O ? ? d ? O F ? ?' ? v w? a? w w ? o F Q ai ° ° w4 u o F ?a 'a &OD o a C ^. 1% w a ov m a a a Qw _V C. w ,> w t- z = V w? Sx FCa. S2 Zj Q i W C as y zc G wv? » x huJ Fy U C? a d? p 33 ed 3 33 z? lz a w -D > >1u o zu 5 °' O? .4 h Z AA C< z ? ZZ m 0 ?W >¢ f'•' Z, OQ u ti w Fy zz `? as Nu ? u o ?' ' zz AA WW a OO °O 5 z e z? z r? e nG Q QN x n UG F nt`+. D V 4i ° E Y ? Y Y ? M Y `u C Q Z ? ? Y Y • Y Y Y N G T D N n O h D 1 ? c 0 a O N M ? ? C M Z, O H a i U.S. POSTAL SERVICE CERTIFI AT OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: FFDFRMAN AND PHFi AN TWO PENN CENTER PLAZA, SUITE 900 rw-TT an - ,?1_ , 1VL Ona piece of ordinary mail addressed to: BANKERS TRUCT OMPAtv^' OF CALIFORNIA, N.A. 14 -9o^--Pvd1Ek0?? SAN DIEGO, CA 92127 DMK. RE:SHEPHARD Affix fee here In stamps or metey nrn4en nd A It ;i?l t7 III;?? , ?.;i'tl? 111 I a PS Form 3817, Mar. 1989 i SENDER: • Cfeek box m dOt if you 1.0. ReeeicteO ce:he,, 1 also wish to receive the •'o n O r name ore addm„ M IM memo of the W. ,o thel ee wn reNrn the wrd followiing(/y?rviees (for an extra fee): Ioti, • Attach Me 1x to the host 0 the nwlpiece, a pn the beck It ,pace done.. permit. L! I R Stricted Delivery • The Mfu,n neceMt m' ahpw b eho,n IN artkb wm delivered one IN dale deliv,ed. Consult toastmaster for fee P 974 231 786 /A4`A.T C. SNEPARP, A/K/A 4b. Service Type AMY C. SgEFERD .. 38'4 MOUNTAIN VIFW ROAD ? CERTIFIED °ECiIA!7ICSBURC, PA 17055 7.D L at livery / `- 7 1 5. Received By: (Print Name) 8. Addressee's Address X Ps FORM 3811, December.lssa Domestic Return Recejp tO. '' I I "'T'I ' n m M1 mm ru s M1 0.. Q. POSTMARK OR DATE £ 3 ?. u u C • is € a r0 YUHNI 3tlUU Us Hostai service Receipt for 5 Certified Mail g N Er M1 rl m ru S r tT d R w a 0 JIyy . >N zw w¢ LL OG a Mim R _ aW CG go lg? PS FORM 3800 US Postal Service Receipt for Certified Mail 8 S POSTMARK OR DATE FIE IE'iiPiREl70ELNEP. w 410 P PRIInN PCCEIPI M1 y I-q TO SENT I IN . GN OV XiGCPNOVI FORI.M. O ALIVAIL m N N p0 ru i a F 7 ' V' ? p _ OF d DmK_. . PS FORM 99C0 US Postal Service WQ 44U S? Receipt for Certified Mail 8 ?. G. r '., /? ?- C. ?• ?,. `i -i. ? `. Ci i.. - ?. i :? v FEDERMAN AND PHELAN By: Frank Federman, Esquire Attorney I.D. No.: 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK SB/M TO CORESTATES BANK,N.A. Plaintiff, V. DONALD W. SHEPHARD A/K/A DONALD W. : SHEPHERD and AMY C. SHEPHARD A/K/A . AMY C. SHEPHERD Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4773-CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail and regular mail to Defendant(s) DONALD W. SHEPHARD A/K/A DONALD W. SHEPHERD At 3824 MOUNTAIN VIEW ROAD MECHANICSBURG,PA 17055 and 224 BELLA VISTA DRIVE MARYSVILLE, PA 17053 on DECEMBER 15,1999 in accordance with the Order dated OCTOBER 8. 1999 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 4904 relating to the unswom falsification to authorities. FEDERMAN AND PHELAN By: 2 " 6-yfn? Gl¢.? e nr? FRANK FEDERMAN, ESQUIRE Dated: JANUARY 3, 2000 Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. Vs. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A -AMY C. SHEPHERD ORDER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 99-4773-CIVIL AND NOW, this Ft day of 1999, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s), DONALD W. SHEPHARD, A/K/A DONALD k SHEPHERD, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the defendant's last known address, 224 BELLA VISTA DRIVE, MARYSVILLE, PA 17053 and to the mortgaged premises at 3824 MOUNTAIN VIEW ROAD, MECHANICSBURG, PA 17055. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's off ice an Affidavit as to the mailing. BY THE COURT: /S-/ X? K Cc )`le.c ai J. 0 5 199 r ru Ir r- r9 m ru Zr r rr a FEruFN n POSTMARK OR GATE o nE;rFiCiEO ocuVEM RECPPi W SERVICE :ERTIRED FEE •.aetOaNdECCFT 0 tOdL RpSMGE FNO FEES ? D z SENT TO: 11 " "NOT FOR IN- MM?notML MML - u t C n C H . .v `. z l: N L: 6 rvmm cauu uo rosrai 5erwce Receipt for Q Certified Mail ???A??E - - - - - - - - 9E-UF? l POSTMARK OR GATE } PE _ J SERW 'EFTP.ED-__ uen.r.N RICE p. _ t` oA FeSmGE arm: EE; _ v SENT TO; " ? T p ? NO F piNT RNgTONPLMIIL W m g ru - o Ir e W c c PS FORNI 3900 US Postal Service Receipt for Certified Mail r Cl) (?..: n2 .'1 J L_ 1.. iu 1. c? O O .a U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A Plaintiff CIVIL DIVISION vs. No. 99-4773 CIVIL DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for FIRST UNION NATIONAL BANK. S/B/M TO CORESTATES BANK N.A., hereby verify that on DECEMBER 15. 1999 and JANUARY 31. 2000, true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on DECEMBER 15, 1999 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. RANK FEDEROAN, ESQUIRE Attorney for 1317)tiff Date: February 2. 2000 _. ?. ?•. - .. _ - ,.: ,?. -? 4_ -? i:'? ? ?-' r.? J STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND j SS. Robert P Ziegler h ----------------------------------------------------------------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- Bankers Trust Co of California - --------- °------------------------------------------------------- is the grantee 7th the same having been sold to said grantee on the ----------------------------------------------- day of June x 2000 ---------------------------------------- A. D., 19?X------, under and by virtue of a writ-------------- Execution 15th ________________________________________________.vucu vu u.c -------------------------------------- day of ---------- DeCembe r A. D., 19__ 99, out of the Court of Comman Pleas of said County as of Civil 99 ------------------------------ ------------------------------- Term, 19------- 4773 First Union Natl Bk s/b/m to Corestates Bk N A Number--------------, at the suit of -------------------------------------------------------------- Donald W Shephard aka -Donald W Shepherd ----------------------------------- agains t ------ -- Amy -C'-Sliepharci-a-ka -Amy tr-Shepfier`? duly recorded in Sheriff's Deed Book No. ___ 226____, page _-___ 132 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office thisday of------- - --------------- A. D., Z'.-y - ----- -------------- --- ---------- Z-5f Recorder of Deeds pownM6MM,6wiFW Mtli It rlamrlrlwEMrw6N/NIIMgOAL M6t First Union National Bank, In the Court of Common Pleas of S/B/M to Corestates Bank, N.A. Cumberland County, Pennsylvania -vs- No. 99-4773 Civil Donald W. Shepherd, A/K/A Donald W. Shephard and Amy G. Shepherd, A/K!A Amy G. Shephard Kathy J. Clarke, Deputy Sheriff, who being duly swom according to law, says on January 5, 2000 at 10:00 o'clock A.M. EDSDT, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Donald Shepherd and Amy Shepherd located at 3824 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. Kathy J. Clark, Deputy Sheriff, who being duly sworn according to law, says on January 5, 2000 at 10:00 o'clock A.M. EDST, she served a t rue copy of real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Amy G. Shephard, by making known unto Amy Shephard at 3824 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the wihtin named defendants to wit: Amy G. Shephard by regular mail to her last known address 3824 Mountain View Road, Mechanicsburg, Pennsylvania. This letter was mailed under the date of January 6, 1999 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 7, 2000 at 10:00 o'clock A.M. EDST, and sold the same for the sum of $ 60,000.00 to Attorney James Flower for Bankers Trust Company of California. It being the highest bid and best price received for the same Bankers Trust Company of California of 10790 Rancho Bernardo Road, San Diego, Ca being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 61,400.00 it being judgement plus costs. Sheriffs Costs Docketing 30.00 Poundage 1200.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 8.68 Certified Mail 1.95 Levy 15.00 Postpone sale Surcharge Legal Search Lawjournal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed Sworn and Subscribed To Before Me This Day of 2000, A.D. Q, e..?, Pi tl onotary 20.00 24.00 200.00 325.85 252.45 25.08 25.00 26.50 $ 2,226.01 Pd By Atty 6/27/00 So A S, R. Thomas Kline, Sheriff By Real Estate Deputy ?a A3u ?, gesvG SCHEDULE OF DISTRIBUTION SALE # 41 DATE FILED July 7, 2000 Wit No. 1999-4773 Civil First Union National Bank, S//B To Corestates Bank, N.A. -vs- Donald W. Shephard, A/K/A Donald W. Sepherd And Amy G. Shephard A/K/A Amy C. Shepherd 3824 Mountainview Road Mechanicsburg, PA Sale Date June 7, 2000 Bid Price $ 60,000.00 Buyer James Flower for Bankers Trust Company of California Real Debt $ 26,703.99 Interest fr 12/15/99to 3/1/00 per diem 4.39 333.64 Fr 3/1/00 to 6/7/00 430.22 Writ Costs 184.90 Other Costs 342.42 $ 27,995.17 DISTRUBUTION Amount Collected $ 61,400.00 Sheriff's Costs 2,026.01 Taxes 1999 County Library Township 177.82 1999-2000 school taxes 749.17 Tax Claim Bureau P89.38 Legal Search 200.00 Credit Writ No. 1999-4773 with 27,995.17 Credit Bankers Trust Co of California 29.262.45 $ 00,000.00 Refund to Atty 1,000.00 So a?? /00?01 R. Thomas Kline, Sheriff By . Real Estate Deputy TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 41 as Listed for the March 1, 2000 Sheriffs Sale Held Wednesday, June 7, 2000 Date: June 7, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded 2000, in Cumberland County Deed Book Page RECITAL: Being the same premises which Dwayne Deimler and Karen Deimler, husband and wife, by deed dated January 11, 1993 and recorded January 19, 1993 in Deed Book "C", Volume 36, Page 313 granted and conveyed to Donald W. Shephard and Amy C. Shephard, husband and wife. OTHER EXCEPTIONS: I . The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Subject to private rights and the responsibility for maintenance of a private right of way providing access to the subject premises as shown on the Plan for Margaret E. Deimler recorded in Plan Book 40, Page 104. 6. Conditions, easements and restrictions shown on or set forth on the Plan for Margaret E. Deimler recorded in Cumberland County Plan Book 40, Page 104. 7. Mortgage in the amount of $32,150.00 given by Donald W. Shephard and Amy C. Shephard, also known as Donald W. Shepherd Amy C. Shepherd to Core States Bank N.A. dated August 2, 1996 and recorded September 11, 1996 in Mortgage Book 1340, page 916. Complaint in Mortgage Foreclosure tiled by First Union National Bank, successor by merger of Core States Bank N.A. as plaintiff against Donald W. Shephard, Donald W. Shepherd and Amy C. Shephard as defendants in the Office of the Prothonotary of Cumberland County to File No. 99-4773. Judgment in the amount of $26,703.99 entered August 9, 1999. 8. Mortgage in the amount of $38,876.73 given by Donald W. Shephard and Amy C. Shephard to Advanta Finance Corporation dated July 17, 1997 recorded July 21, 1997 in Mortgage Book 1394 Page 426 in the amount of $38,876.73. Assigned to Bankers Trust Company of California, N.A. by instrument recorded April 12, 2000 in Miscellaneous Record Book 642 Page 253. Complaint in Mortgage Foreclosure filed by Bankers Trust Company of California, N.A. as plaintiff against Donald W. Shephard and Amy C. Shephard as defendants in the Office of the Prothonotary of Cumberland County to File No. 99-6478. Judgment in the amount of $45,061.13 entered February 22, 2000. 9. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $1,851.14. 10. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997. Domestic Relations Office index of delinquent support arrearages in the Office of Prothonotary of Cumberland County lists arrearages owed by Donald William Shepherd in the amount of $1,100.00. 11. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 165, Page 1108. 12. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 181, Page 938. 13. Real estate taxes accruing on and after July 1, 2000 not yet due and payable. 14. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 15. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. It is to be noted that no search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not he va d or bi ing until countersigned by an authorized sig . REAL ESTATE SALE NO. 41 Writ No. 99-4773 Civil First Umon National Bank, S/B/M to COreStates Bank, N.A. VS. Donald Al. Shephard, A/K/A Donald W. Shepherd, Amy C. Shephard, A/K/A Amy C. Shepherd' Atty.: Flank Federman DESCRIPTION ' , ALL that following described lot of ground situate, lying and being Iii Hampton Township, County ofCum. berland, Commonwealth ofpennsyi- Is, being Lot 3 on subdivision plan for Margaret E. DUmler Prepared by GroveAssodatIs. datedApr1115, 1981 and approved by the Conunlssloners Of Hampden Township on the 4th day ofAugust, 1981 and duly recorded in Plan Book 40, page 104, Cumberland County records, also (mown as 3824 Mt. View Road. bounded and limited as follows, to wit: BEGINNING at a point In line of land now or late of Ralph Early at the northeast corner Of Lot No. 2 on the hereinafter mentioned subdivision plan, formerly property of Margaret E. Deluder; thence along the westerly line of said Lot No. 2, South 4 degrees 48 minutes 54 seconds West 239.48 feet to a point on the Northerly line of Lot No. 1, property of Margaret E. Delmier; thence along the latter line and along the northern terminus of a right-o(--way. North 85 degrees 10 minutes 59 seconds West 74.48 feet to an Iron pin; thence along property now or late of William Frin,ll, North 78 degrees 23 minutes 55 seconds West 202.25 feet to an Iron pin; thence by lands of 011clio Acn, North 12 degrees 44 minutes 38 seconds East 203.77 feet to an Ircn pin at line of lands now or late of Ralph Early; thence by the latter lands. South 88 degrees 22 minutes 12 seconds East 247.59 feet to the place of beginning, TITLE TO SAID PREMISES IS VESTED IN Donald W. Shephard and Amy C. Shephard, husband and wife, by Deed from Dwayne Delmler and Karen Deimler, husband and wife, dated 1/11/93, recorded 1/19/93In Record Book C-36 Page 313. FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. VS. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 99-4773 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3824 MOUNTAIN VIEW ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner (s) or reputed Owner(s): LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NAME 224 BELLA VISTA DRIVE MARYSVILLE, PA 17053 PRESENT WHEREABOUTS UNKNOWN DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 AMY C. SHEPHARD, A/K/A AMY C. SHEPHERD 2. Name and address of Defendant (s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 4. Name and address of the last recorded holder of every mortgage of record: s NAME ADVANTA FINANCE CORPORATION HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 4811 JONESTOWN ROAD SUITE 223 HARRISBURG, PA 17109 NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) TENANT/OCCUPANT 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE. PA 17013 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 unsworn falsification to authorities. December 14, 1999 DATE FR?K?FEDERM1 ESQUIRE At 0rnet y for Plaintiff FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A VS. DONALD W. SHEPHARD, A/K/A DONALD W. SHEPHERD AMY C. SHEPHERD, A/K/A AMY C. SHEPHERD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4773 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY December 14, 1999 TO: DONALD W. SHEPHARD, DONALD W. SHEPHARD, A/K/A A/K/A DONALD W. SHEPHERD DONALD W. SHEPHERD 224 BELLA VISTA DRIVE AMY C. SHEPHARD, A/K/A MARYSVILLE, PA 17053 ANY C. SHEPHERD 3824 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17055 **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 3824 MOUNTAIN VIEW ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on MARCH 1. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $26,703.99 obtained by FIRST UNION NATIONAL BANK, S/B/M TO CORESTATES BANK, N.A. (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Sheriff's Sale. 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.) 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 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. The 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that following described lot of ground situate, lying and being in Hampton Township, County of Cumberland, Commonwealth of Pennsylvania, being Lot 3 on subdivision plan for Margaret E. Deimler prepared by Grove Associates, dated April 15, 1981 and approved by the Commissioners of Hampden Township on the 4th day of August, 1981 and duly recorded in Plan Book 40, page 104, Cumberland County records, also known as 3824 Mt. View Road, bounded and limited as follows, to wit: BEGINNING at a point in line of land now or late of Ralph Early at the northeast corner of Lot No. 2 on the hereinafter mentioned subdivision plan, formerly property of Ivlargaret E. Deimler; thence along the westerly line of said Lot No. 2, South 4 degrees 48 minutes 54 seconds West 239.48 feet to a point on the Northerly line of Lot No. 1, property of Margaret E. Deimler; thence along the latter line and along the northern terminus of a right-of-way, North 85 degrees 10 minutes 59 seconds West 74.48 feet to an iron pin; thence along property now or late of William Frizzell, North 78 degrees 23 minutes 55 seconds West 202.25 feet to an iron pin; thence by lands of Ovidio Acri, North 12 degrees 44 minutes 38 seconds East 203.77 feet to an iron pin at line of lands now or late of Ralph Early; thence by the tatter lands, South 88 degrees 22 minutes 12 seconds East 247.59 feet co, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Donald W. Shephard and Amy C. Shephard, husband and wife, by Deed from Dwayne Deimler and Karen Deimler, husband and wife, dated 1/11/93, recorded 1/19/93 in Record Book C-36 Page 313. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 99-4773 CIVIL W Term CIVIL ACTION - LAW TO THE SHERIFF OF nt land COUNTY: To satisfy the debt, interest and costs due First Union National Bank S/B/M to Corestates PLAINTIFF(S) from. Donald W. Shepherd, A/K/A Donald W. Shepherd, 224 Bella Vista Drive, Marysville, PA 17053 and Amy C. Shepherd, A/K/A Amy C. Shepherd, 3824 Mountain View Road, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Plea-;R Gee attached description of property. (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/are 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 propertyof thedefendant(s) not levied uponan subject to attachment is found inihe possession of anyoneother 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 826,7©0,99 Interest f_ o 2/15/99 - 3/1/00 (per Diem Arty's Comm Ally Paid $184 90 Plaintiff Paid Date: December 15, 1999 REQUESTING PARTY: Name Frank Federman, Es Address: TWo Penn Center Plaza Suite 900 fitritadelph±d, PA 19±02 Attorney for: Plaintiff Telephone: 21 s-sisi-7nnn Supreme Court ID No. 12248 L. L. $_50 Due Prothy $1.00 Other Costs $342.42 Curtis R. Long Prothonotary, Civil Division ° rYJA?v Deputy 6Gi I ?o ?I g! aap r, REDAII S`+., s p PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, 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: JANUARY 21, 28, FEBRUARY 4, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are taste. REAL ESTATE BALE NO. 41 i Writ No. 99-4773 Civil %?- i First Union National Bank, S/B/M Roger M. orgenthal, Editor to Corestates Bank. N.A. VS. Donald W. Shcphard. A/K/A Donald W. Shepherd. Amy C. Shephard, A/K/A Amy C. Shepherd Atty.: Frank Federman DESCRIPTION ALL that following described lot of ground situate, lying and being in Hampton Township. County of Cum- beriand, Commonwealth of Pennsyl- vania. being Lot 3 on subdivision plan for t E. Deimler Grove s ocia tm, datedAprll 15 981 and approved by the Commissioners of HampdenTownship on the 4th day of August. 1981 and duly recorded in Plan Annk 4n. nape 104 Cumberland SWORN TO AND SUBSCRIBED before me this __L __day of FEBRUARY. 2000 r?._..__. _....T?.1 ....»__..____. 17 r: •_:. aiF AQ YtsU I LUIS E. SN'lOEF., No lacy Oubli< Carlisle tbro. Ca.'barhnd County, PA My Commiuim ERpiraa M26 3, 4001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under9rt No. 587- oorored Mal Ifi.1929 Commonwealth of Pennsylvania, County of Dauphin) as Frank J. Ep/ar being duly sworn according to law, deposes and says: That he is the 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 and Metro editions/issues which appeared on the 25th day of January and the let and Bill day(s) of February 2000. 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 SALEN41 Sworn to and subscArki before me this 251h cl: . I rua NOtarial$eal NOTA PUBLIC Terry L. Russell, Notary Publlo Harrisburg. Dauphin Courtly My COn,ruission Expires Juna6.MV2co mission expires June 6, 2002 Member, Pennsylvania Association r CUMBERLANDM" SHERIFFS OFFICE COURTHOUSE 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 $ 250.95 Probating same Notary Fee(s) $ 1.50 Total $ 252.45 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. THE PATRIOT-NEWS CO. By .............................. P-1, nS7AT= chi F- NO 41 51,000.00 Advance Coss Paid 12/17/99 A17- Frank Federman AssessedValuarionS 5,300.00 WRJ7NO. 99-4773 Civil REAL DEBT F.\ EREST fr 12/15/99 to 3/1/00 4.39 per diem ATT'S FEES WRIT COSTS ?.TT'i )5WAP9ther Costs LATE CHARGE SHERIFF'S COSTS Dock-ine Poundaee Posing Bills Advenisinz Acl?no«•ledoine Dee. Auctioneer - LaSv L ibrar_ C0unr•• ?fiicase Cen Mail Le%v Postpone Sale Surcnare. Laa.R Jounal Patriot Snore of Bills Disvibutior of P.ocee_s Sheriffs D^-- STAMPS Pa T:ansferT-nX T«T or Boro Trans'.-. Ta.e TAXES 1999 School Taxes 1999-2000 School Taxes Tax Claim Bureau First Union National Bank, S/B/M To Corestates Bank, N.A. VS Donald W. Shephard aka Donald W. Shepherd and Amy G. Shephard aka Amy H. Shepherd 3824 Mountain View Road Mechanicsburg, PA 26,703.99 333.64+ 430.22 184.90 342.42 30.00 1,200.00 15.00 15.00 30.00 10.00 .50 1.00 8.68 1.95 15.00 20.00 24.00 200.00 325.85 252.45 25.08 25.00 26.50 177.82 749.17 989.38