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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Idbntification Number 16496
Fimrst Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bankers Trust Company of
California, N.A., As Custodian or
Trustee
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
10790 Rancho Bernardo Road
San Diego, CA 92127
V.
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
and
Amy C. Shepherd qq _ 4 y
3824 Mountain View Road Number
Mechanicsburg, PA 17055
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE AVISO
You have been sued in court. If you wish to defend
against the claim 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 claim 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 my lose money or
property or other rights important to you.
Le hen demandado a usted an to torte. SI usted
qulere defenderse de estas demandas es•puestas en
tat paglnas slgulentes, usted Ilene veinte (20)
dies de plaza at partir de to }echo de to demanda y
to notification. Hate falta asentar una
carparencia escrita o en persona o con un abogado y
entregar a In torte en forme escrits sus defenses o
sus objeciones a las demandas an contra de su
persona. Sea avlsado quo si usted no se defiende,
to Corte to era medldas y puede continuer to
demands an contra suys sin prevlo aviso 0
notification. Ademas, to torte puede decidir a
favor del demandante y requiere quo usted curpla
con todas las provisions de esta demsnda. Usted
puede perder dinero o sus propiededes u otros
derechos iaportsntes pare usted.
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 HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249.3166
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SINOTIENEABOGADO0
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAI. SERVICO, VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 liberty Avenue
Carlisle, PA 17013
(717) 249.3166
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bankers Trust Company of Cumberland County
California, N.A., As Custodian or Court of Common Pleas
Trustee
30790 Rancho Bernardo Road
San Diego, CA 92127
V.
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
and
Amy C. Shephard
3824 Mountain View Road Number
Mechanicsburg, PA 17055
nTVrr. nnmTON/MORTGAGE FORECLOSURE
1. Plaintiff is Bankers Trust Company of California, N.A.,
As custodian or Trustee, a corporation duly organized and doing
business at the above captioned address.
2. The Defendant is Donald W. Shephard, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and his last-known address is 3824 Mountain View Road,
Mechanicsburg, PA 17055.
3. The Defendant is Amy C. Shephard, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and her last-known address is 3824 Mountain View Road,
Mechanicsburg, PA 17055.
4. On July 17, 1997, mortgagors made, executed and delivered
a mortgage upon the premises hereinafter described to Advanta
Finance Corp. which mortgage is recorded in the office of the
Recorder of Cumberland County in Mortgage Book 1394, Page 426.
5. The aforesaid mortgage was thereafter assigned by Advanta
Finance Corp. to Bankers Trust Company of California, N.A., As
Custodian or Trustee, Plaintiff herein, by Assignment of Mortgage
to be recorded in the Office of the Recorder of Cumberland County.
6. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 3824 Mountain View
Road, Mechanicsburg, PA 17055.
7. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due April 1999 and each
month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month,
the entire principal balance and all interest due thereon are
collectible forthwith.
8. The following amounts are due on the mortgage:
Principal Balance $37,282.98
Interest 03/22/99 through 10/15/99 $ 3,102.93
(Plus $14.99 per diem thereafter)
Attorney's Fee $ 1,864.15
Late Charges $ 372.33
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search S 200.00
GRAND TOTAL $43,172.39
9. The attorney's fees set forth above are in conformity
with the mortgage documents and Pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
10. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. 5403) and notice required by the Emergency Mortgage
Assistance Act of 1983 have been sent to the Defendants by
certified mail on the date set forth in the true and correct copies
of such notices attached hereto as Exhibit "S.°
WHEREFORE, Plaintiff demands Judgment against the Defendants
in the sum of $43,172.39, together with interest at the rate of
$14.99 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgage property.
10jJ1-t"U C 64
TERRENCE J. MCCASE, SQUIRE
Attorney for Plaintiff
The undersigned, Robert Michalik, hereby certifies that he is
the Foreclosure Specialist of the Plaintiff Tats-k- in the within action,
s (L t? ( dll/?:"il n? d Al A A< / sled, 4t , and that
he is authorized to make this verification and that the foregoing
facts are true and correct to the best of his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. 54904
relating to unsworn falsification to authorities.
ROBERT MICHALIK
REAL ESTATE MORTGAGE
THIS MORTGAGE. Is Moe and world Ma led 17th dryat July ,w97 , by
aro beta enthouwrfpnea Donald N. Shephard and Amy C. Shephard
Advanta Finance Corp.
he gengbnwpraabwwnr 4811 Jonestown Rd. Suite 223 Harrisburg
pormsta era, ON PoAed'MMppN•.
Mortgagor Mkae, to SAApg" N Sw pncVr suet of us. It 38876. 73 pMas nmoM1Ay"a~sof
prYKpal and In1ArM, wan Su talanco a tat kWededr«ss.And souw pad. Otis" prom an • 7121011011
To ogee to Ma1ppN the repepn 9 of IM tnaURCAUs evfdaced by Oka Note, wed esinM thOWL inry adramB W rrwwrs Nsreot; Sr DaymwA of
N darn inAw, we" tlllflel Sweet. adwcad in accaarKe Mn Am to Protect the How" of VAN Mortgagor: and the prfo marce of the eamvnts am
spreintraA a MagApor twee mreakrd; Mortgagor aoN by twse prBSrks MI, gr,rr, ant ce^vel'ro MMppN 911 SW nu Mrs rNated N Sv DOUn/ ot
Cumberland (cry,aaagn,tamindpyq mechanicsburg Wind
krortinanunberad,s 3824 Mountain View Rd.
Mechanicsburg PennByvam, And dswM n Deed fecrded In lMR atdee( corn of ub canty.t Dead
Book VOarw r_ If, Pape -41 t . And more DBrtctArry 6112creed as
See. Attached Schedule "A"
Acct No. 66285820
Case NO. 97070216
TOGETHER WITH N buadegf and knPrMrmam thereon ant adddwn Owato. nck"911 aarya. PaSUgw Vf, NNS,,badNe. "IloN. heredLmrm
and aPoMawcw M OOVr IMraurd bow", a oppAl"m. SAO N rinis t erefa (herein cam Me'Mongaped PrrMSes7.
TO HAVE AND TO HOLD On Mortgaged Premises hereby gamed and mnnyed unto MOV19". to and fa the USA and behoalal mongeg". is Successors
and angry, knew.
THIS MORTGAGE IS MADE Butted to to Wm 9 coraabnak to wlas MM939W agrees'
I, MMpagar Mot Mail ON prymrea Pon the des data OwedW Porfam N qMf 0191Cbna It ndufad Of Prhvdad raven and in Se Note. MWIMSQ.
0Is gAron, My daft OW poyAWN Me of N wfcey or'Poa Nerabryrb"a man ha mMn1 pwfura to the wrm Of "Note.
2. Mortppor we ply when due N tAm and 46141" ff"ywAd a asMMed spend the Mortgaged Pre1ffl1SS6 Of any pan Oefesl.Ind.190" MITI$
Oyreror to the MMppes uPM Me".
3. 'AMppawyNNne r!d IrasonMeMMgagp I'MmiSef cM13FINAyaed panel ft and suMahrhatanfs.nfucn Anyunsra wed wed
carrwa a MaegagN snN Mh re. wen 'oil d am/ Petra to MMgag" As of Merest may sopear.
4 %WtpprwtlnNaraanmAM AUnelanyIWO,warB, NyesmaltadatMaatorlOf ON Mortgaged PnIA"S. And Wem elan the SAM in 90-0 order
tin r1sen.
S. nine here MA MMgW M,We MMe" of any Payment MA and Payable~theNOO. of 0the,eeong and PeRamance Ov WAG 19a of any
at Oy mndswy a co marks BON Mortgage aw Nqe. Mortgages my fortnvM W" M Acton of Mortgage FOrNpfae har cn, a muse cm,
IdMam Woos" upon My Mortgage. and may proceed toNsgmyM"@%A ~ is recover the balance due on tat Note and Any Other sums
that my be des t wfto" ft WM MafMates Soon/ fill. MIS of Bal. Ara CNM of fay. together wan "Mal SAW I W9m ht at tat soacabla
Me aw tin U inmMA des Mortgages b paid. In the event Mortgage, Mae to mantas neursnce pane IW as such dnr hazards as Mongag"
rpurse, Mortgagor aumonmMMgagesaaCOMId OIAW SuchnnaarceAM WMMgaga faaowasthereof. wncnsuch dareMpngapapMn
ro pry. ON flood Bunt man M tat mat Mmanng unPoW pmaPot bawce 91 MB Nqe and cnrpe MMM NreM r Me MM of MrM cxnwa n
to Note.
0, ahotMIMMMgpaa MBUmessonn Merest.MMOMUMCaMW nwedlrgoltMMMppN.fN.tlanflr.aCgwry.aprmMloa sad. In"Wha
a conveyed, bypresmws for A W a N Anym nAter, As Mrea Aft MM9aged PIMS41(d Any panthWnq, than MMPogN maydeaare N Bums
setaed hereq nvaotalW dun Aw prysby, Bubged ro appkablelow That pMft= "a eppryto each Bra every ire, transfer, a connyNCe,
re9 a`1ysf olwMnr arol MMypN Mt maaread to. OF MN". t.pmf INreundr. M Whert y*CbOn OF non Mint n cMMCmn MM any PmeuS
aid. inMira convryrce, rAUaw OM a more. faAaero aSercnB Bunt ogyn fag rc1 cMfMMa a waves o1Me pat M taNtne such edlprt War
a wr awe.
7. MMgpor agrees MIS odor Mortgage Is secunly for the PAPesM of the 910`1144 oagatpnsW at W41 sad Of cdmngent Mtayys Of to MM929W
hereq IS the MW"N hard des a to b.mrN der WhOW maw Wang or haulier epMMdtd
a. If N a Port Nitam S sraed bytM MortgageArt sent to Mortgagor to acrnre or* to Me MMgaged PrAmserf. My Mortgage n heresy Mcyrad to
be A PurWfa Marty MMgage.
0 MMgpahoMywinesa ararNNs t NDrom Arid rN91 fromamy Am allow"~. stay sm"Sorption laws. roan force Orher.atr pissed.
Or
of o OnM , Mc MMMbenea afeMlaMMpapor, a A any W" prna des p wAn use a Note s tan nor S eaaff e. Or amount A he Mortgaged ad 1Nremnes a
at
Oped Pru`1Nf at a MM t PecsrsMnAl, ary a fa any ces part of IM 1 Of U* o Prfaeapedf ed Of fW e Ma WM M y Mortgage. a IhY or Or We Weq the
IM~. , of of pn navWnon
any acres pres+ase or Predrry, sal a perest Iran SmachmM Iraer 9
IatrryarygeNnawlaa te a RK eNrMMOsga?eWrrnP pNSnyms msaancygdwv.casNy.afm+err uaWgf.
10. To SyMMywIULMMpapOtaa mayr+xseMon;#90dpad P`1rtwn.coryci NrenMS. esd apDrylnrrl toted OM hereunder Thosyshad lnN rot
an any dMAUt.
rase M ADDITIONAL. TERMS ON REVERSE SIDE
EXH O""' `s?,y
ADDITIONAL TERMS
BUT PROVIDED ALWAYS, MM Y Monpapof don not pq d uusa Md Monp 9l and IM debt a NMa onto/ secured to to ova a M. Man M Monpspe
and the 1Uala Nteoy panty she Coast and deter,,, am N,,,N vcd. amthnp peen to du Comm Mm". StW4rq.
Theme No Iversen cpoahrd slue pnd, and nu N,aa and SMntpn "I Cafe to. Me MWM Nn. mCLOM. adr,rntnton, s=413011. and
asagMn b do Wbn Wft WtNMVn,aad. iM arquW r,dneer wl hcade oa pM,I, IM PM,I Me NnpJar, and bte use ot arty panda aNA N
aPPbC" to n pndefa.
PaI N of Ws Motlpspa n umiscl laIN terms and dandhnra cf IM Note of wen dsw W~ Monpapn and Manpspn.
IN WITNESS WHEREOF, nu tad Monpapor Ns sq,d he Monpapa, vAn Oaks) amry. M the date Aral 8bM aMvm.
SNI /MV?d... SSO&W end Deemed in By Pmena of.
AO eS[19 Hunte . ,
1caday the pec @tva nn of IN Alottpspn mN
I811 Jonestown Rd.
COMMONVIEALTH OF PENNSYLVANIA
COUNTY OF
DO J @p a (SEAL)
A.
my C. Shephard (BEAU
17109
Opp,y 17th d*yet July Ip97 ,NfofarM. nevin L. Beyer
IN udnsgned 0114M, parsoruay apposed Donald W. Shephard and Amy C. Shepherd
M? u IM )ar oantfadppy prorm) to N nu panto B wease MrtN L sueaalDy b tlw Mtdn M,vrtaM and echMMSdpy put
They as Monpapn a VWWsd Me same far the purpoan hf a Candanad.
In Wanna WNrsef. I H~o so my hand and ofAcW seal.
My Cor,lnnsa, e>prn:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LU
c
O
O O
0: LL. J
s_
2
SCHEDULE A
Name of Borrower(s) Donald W. Shephard and Amy C. Shepherd
Acct No. 66205920 Order Number o7mm7R
Legal Descriptlen of Real Property:
!,ild3Rklk at a 0'!n ?' 1Snd 1t .1and, or la dp'z A.SDn idrly
at the northesat ea na?r of to Nd., l,en tha he aiM tier bdhtlonod
+Ub41vl1i0".plan r nailYy artyy of N4 64 Dal art thence
ilbopv the wut•r IF In et,uprI Wb No. 3' 1o ih
o 4 door u 41
•.•. M ad 04.8000" a Set's e.l tobC;to•a ?olhpt'oh tha n rtherlo
lltia 09-Apt No. , re be a Hrrq tat L. 001 3}ee1 to "to along
'•? the lattlr 11ha "r?dd a1 ng•the north?n karalmr ate It ht7at-way.
,. Noith'1e dagrdae 1b ¦t ut}++ 1 dboonde Nub 74 Ito 0.966 a an Iron
•, ^, Ar 'thind0 al Sa atty •n r er ldtriot It la 11, North
7 eaara. 11',al ut a. t d eo Is Wont ' 01.39 t otd p;bton plnl .
•'?I bead rr hat. 37031 it ti:i k?at ,1Noo^k11111: aYra6b N.a?n?e 11
llf ?ldL bt •.iand nod.er•
, !tta of Mlpn Lt ly thongs y €no attar .l d1 eodth I1 6agim.
33•?InuGa 7 n on d ?Cadt.31 .61 test to;. b plea of, 1110rWWi110.
Real Property
Commonly Known As:
3024 Mountain View Rd.
'3-9rok Donald W. She add 0" sy^'n^A C. Shephard o•t•
4'008 Tow . sqn 4 Cm
TERRENCE 1. WCA11E
IAW OFFICES
MCCABE, WEISBERG & CONWAY, P.C.
SUITE 2080 SUIt'li 600
FIRST UNION I UILDINO 21611ADDON AVENUE
123 SOUTII IIROAD ST'REIT WESTMONT, N108108
1`111LADI:ITHIA, PENNSYLVANIA 19109 (609) 858.7080
(215) 790.1010 FAX (619) 958.7020
FAX (215) 790.1274
SUITE 1503
52 VANDERBILT AVENUE
NEW YORK, NY 10017
(212) 697.0011
FAX (212) 953-WA6
July 7, 1999
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
LENDER: Advanta Mortgage Corporation
ACCOUNT NUMBER: 66285820
REAL ESTATE: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Dear Donald W. Shephard:
The MORTGAGE held by Advanta Mortgage Corporation (hereinafter we, us or ours) on
your property located at 3824 Mountain View Road Mechanicsburg, PA 17055.2130 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of approximately $530.86
for the months of April 1999 through June 1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $N/A. 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 $1,632.58.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $1,632.58 plus any additional monthly payments and late charge which
may fall due during this period. Such payment must be made either by cash, cashiers check,
certified check or money order and made to
EXHIBIT "B"
Advanta Mortgage Corporation
10790 Rancho Demardo Road
San Diego, CA 92127
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right
to accelerate the mortgage payments. This means that 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 installments. If full payment of the amount of default is not made within
THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. Once this matter is referred to me for suit, but you cure the default before I 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 arc over $50.00. Any attorney's fees will be added to
whatever you owc, which may also include reasonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
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 thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any time
up to one hour before the Sheriffs Foreclosure Sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected 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 5 months.
A notice of the date of the Sheriff Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment will be by calling the following number: 858-618-5141,. This
payment must be in cash, cashier's check, certified check or money order and made payable to us at
the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property
and your right to remain in it. If you continue to live in the property after the Sheri Ws Sale, a lawsuit
could be started to evict you.
You have additional :fights to help protect your interest in the property. You have the right
to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another
lending institution to pay off this debt. (You may have the 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 to or at the sale,
and that the other requirements under the mortgage are satisfied). Contact us to determine under
what circumstances this right might exist. You have the right to have this default cured by any third
party acting on your behalf.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you arc not entitled to this right to cure your default more than three times in
any calendar year.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office may be
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCE J. McCABE
TJM/ddp
SENT VIA CERTIFIED MAIL
NUMBER Z 345 683 852
RETURN RECEIPT REQUESTED
TI:RRFNCE J. MCCABE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2080 SUITE: 600
FIRST UNION BUILDING 216 IUDDON AVENUE
123 SOUTII BROAD STREET WESTMONT, NJ 08108
PIIILADELI'l IIA. PENNSYLVANIA 19109 (609) 858.7080
(215) 790.1010 FAX (609) 858.7020
FAX (215) 7911.1274
SUITE 1503
52 VANDERBILT AVENUE
NEW YORE, NY 10017
(212) 697-0011
FAX (212) 953-0986
July 7, 1999
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
THE COMMONWEAL'riI 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 notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion
immediatamente Ilamanda esta agencia (Pennsylvania (lousing Finance Agency) sin cargos al
numero mencionado arriba. Puedes ser elegible para un prestamo por el programa Ilamado
"Homeowner's Emergency Mortgage Assistance Program" el cual pucde salvar su casa de la perdida
del derecho a redimir su hipoteca.
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
TO: Donald W. Shcphard
FROM: Terrence J. McCabe, Esquire
RE: Premises: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Account Number: 66285820
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 been caused by
circumstances beyond your control, you have a reasonable prospect of resuming your 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 your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must arrange and attend a "face-to-facc"
meeting with a representative of this 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 ( O) days.
If you attend a facc-to-face meeting with this lender, or with a 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.
The name, address and telephone number of the Advanta Mortgage Corporation representative
is as follows:
Erin Stallmer
Advanta Mortgage Corporation
10790 Rancho Bernardo Road
San Diego, CA 92127
858.618.5141,.
The rumcs and addresses ufdesignnted consumer credit counseling agencies are shown on the
attliched sleet. It is only necessary to schedule one farce-to-face meeting. You should advise this
lender immediately ol'your intentions.
Your mart ta{fe is in dill because you have failed to pay promptly installments of principal and
interest. as required, lift it period of al least sixty (60) days. The total amount of the delinquency is
51,632.58. That sum includes the fiillowing: principal and interest.
Your mortguge is also fn default for the following reasons: N/A.
If you have tried and are unable to resolve this problem at or alter your face-to-face meeting, you
have the right to apply for financial assistance from the Homeowners' Emergency Mortgage
Assistanc'e 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 lift 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 application must be filed or postmarked, within thirty (30) days ofyour face-to-face
pitellny,
h Is extremely Important that you.JNe your application promptly. Ifyou do not do so, or ifyou
do not fidlarr the other tittle perlode set.fin-th in this letter, foreclosure may proceed against your
hone Jrrunedlurah'.
Available finds Ihr emergency mortgage assistance are very limited. They will be disbursed
by the agency under the eligibility criteria established by the Act.
It is extremely important that your application is accurate and complete fn every respect. The
Pennsylvania I lousing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that additional time, no foreclosure proceeding will be pursued against you if
you have met file time requirements set forth above. You will be notified directly by that Agency
of its decision nn your application.
The 11ennsyIvaniar I lousing Finance Agency is located at 2101 North Front Street, Post Office
Box 8029, l larrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call (717) 780-1869.
In addition you may receive another notice from this lender under Act 6 of 1974. That notice is
culled it "Notice of Intention to Foreclose." You must read both notices, since they both explain
rights than 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 that assistance.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCEJ.MCCAQE
TJM/ddp
II]RRI:N(T I. MCCAHE
IAW OFFICES
MCCABE, WEISBERG & CONWAY, P.C.
SUITE 2080 SUITE 600
FIRST UNION BUILDING 216 IIADDON AVENUE
123 sourn BROAD STREET WESTSIONT, NI08108
PIIIIAIIELPIIIA. PENNSYLVANIA 19109 (609) 858-7080
(215) 790.1010 FAX (609) 858.7020
FAX (215) 790.1274
SUITE 1503
52 VANDERDILT AVENUE
NEW YORK, NY 10017
(212) 697-0011
FAX (212) 933-0986
July 7, 1999
Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
LENDER: Advanta Mortgage Corporation
ACCOUNT NUMBER: 66285820
REAL ESTATE: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Dear Amy C. Shephard :
The MORTGAGE held by Advanta Mortgage Corporation (hereinafter we, us or ours) on
your property located at 3824 Mountain View Road Mechanicsburg, PA 17055-2130 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of approximately $530.86
for the months of April 1999 through June 1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $N/A. 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 $1,632.58.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $1,632.58 plus any additional monthly payments and late charge which
may fall due during this period. Such payment must be made either by cash, cashier's check,
certified check or money order and made to
Advanta Mortgage Corporation
10790 Rancho Bernardo Road
San Diego, CA 92127
If you do not cure the default within TI IIRTY (30) DAYS, we intend to exercise our right
to accelerate the mortgage payments. This means that 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 installments. If full payment of the amount of default is not made within
THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. Once this matter is referred to me for suit, but you cure the default before I 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 arc over $50.00. Any attorney's fees will be added to
whatever you owc, which may also include reasonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
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 thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any time
up to one hour before the Sheriffs Foreclosure Sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected 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 5 months.
A notice of the date of the Sheriff Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment will be by calling the following number: 858-618-5141, . This
payment must be in cash, cashier's check, certified check or money order and made payable to us at
the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property
and your right to remain in it. If you 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 interest in the property. You have the right
to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another
lending institution to pay off this debt. (You may have the 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 arc paid prior to or at the sale,
and that the other requirements under the mortgage are satisfied). Contact us to determine under
what circumstances this right might exist. You have the right to have this default cured by any third
party acting on your behalf.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you arc not entitled to this right to cure your default more than three times in
any calendar year.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You arc also advised that any information which you supply to this office may be
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCEJ.McCABE
TJMJddp
SENT VIA CERTIFIED MAIL
NUMBER Z 345 683 853
RETURN RECEIPT REQUESTED
TERRENCE J. WCAIIE
LAW OFFICES
MCCABE, WEISBERG & CONWAY, P.C.
SUITE 2090 SUITE 600
FIRST UNION RUILDINO 21611ADDON AVENUE
123 SOUTH BROAD STRIA. r W FSTMl3N F. NJ 09109
PHILADELPHIA. PENNSYLVANIA 19109 (609) 959.7090
(215) 790.1010 FAX (609) 959.7020
FAX (215) 790.1274
SUITE 1503
52 VANDERBILT AVENUE
NEW YORK, NY 10017
(212) 697-0011
FAX (212) 953-0996
July 7, 1999
Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
THE COMMONWEALTII OF PENNSYLVANIA'S
HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM MAY BE ABLE TO KELP 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 notificacion en adjunto cs de suma importancia, pues afecta su dcrecho a continuar
viviendo en su casa. Si no comprcnde el contenido de esta notificacion obtenga una traduccion
immcdiatamente Ilamanda csta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numcro mencionado arriba. Pucdcs ser clegible para un prestamo por el programa Ilamado
"Homeowner's Emergency Mortgage Assistance Program" cl cual pucdc salvar su casa de la perdida
del dcrecho a rcdimir su hipoteca.
IMPORTANT: NOTICE, OF
HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE. PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY DE ELIGIBLE FOR
FINANCIAL ASSISTANCE WHICH CAN
SAVE YOUR HOME FROM FORECLOSURE
TO: Amy C. Shephard
FROM: Terrence J. McCabe, Esquire
RE: Premises: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Account Number: 66285820
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 been caused by
circumstances beyond your control, you have a reasonable prospect of resuming your 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 your rights
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must arrange and attend a "face-to-face"
meeting with a representative of this 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 (0) days
If you attend a face-to-face meeting with this lender, or with a 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.
The name, address and telephone number of the Advanta Mortgage Corporation representative
is as follows:
Erin Stallmer
Advanta Mortgage Corporation
10790 Rancho Bernardo Road
San Diego, CA 92127
858-618.5141,.
The names and addresses of designated consumer credit counseling agencies arc shown on the
attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this
lender immediately of your intentions.
Your morteauc is in default because you have 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
$1,632.58. That sum includes the following: principal and interest.
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 application must be filed or postmarked. within thirty (01 days of your face-to-face
mectine.
It is extremely Important that you file your application promptly. Ifyou do not do so, or ifyou
do not follow the other time perlods set forth in this letter, foreclosure may proceed against your
home immediately.
Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the agency under the eligibility criteria established by the Act.
It is extremely important that your aplication 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 proceeding will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by that Agency
of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office
Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call (717) 780-1869.
In addition you may receive another notice front this lender under Act 6 of 1974. That notice is
called a "Notice of Intention to Foreclose." You mist read both notices, since they both explain
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 arc receiving that assistance.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice. this office will:
obtain verification of the debtor obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCEJ.McCABE
TJM/ddp
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MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Bankers Trust Company of
California, N.A., As Custodian
or Trustee
V.
Donald W. Shephard and
Amy C. Shephard
PRAECIPE TO
TO THE PROTHONOTARY:
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6478 CIVIL
COMPLAINT
Kindly reinstate the Complaint in Mortgage Foreclosure in the
above-captioned matter.
TERRENCE J. cCABE, ESQUIRE
Attorney for Plaintiff ,;
McCABE, WEISBERG AND CONWAY# P.C.
BY:' TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bankers Trust Company of
California, N.A., As Custodian or
Trustee
10790 Rancho Bernardo Road
San Diego, CA 92127
V.
Donald W. Shephard
3824 Mountain view Road
Mechanicsburg, PA 17055
and
Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
Attorney for Plaintiff
Cumberland County) %D
Court of Common Fla o
Ai
?
r
?
N p
.
ti
Number ol(1
?VTL ACTTON/MORTOAOF FORECLOSURE
NOTICE AVISO
You have been sued In court. if you wish to defend
against the claims sat forth in the following
pages, you must take action within twenty (20) days
after this complaint and notice are a9rved, by
entering a written appearance personally or by
_ attorney and filing in writing with _the court your
defenses or oblectlons to tha 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 clalmed In the
money relief
requested by or the for any plaintiff. other You may lose 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 HELP.
to han demandado a usted an to torte. S1 usted
quiere defenderse de estas demandas ex•puestu en
lea paginas sigulentes, usted tiene veinte (20)
dies de plato at partir de to feche de la demands y
to notification. Hate felts asentar una
_ comparencla escrita 9-on persms o.con un abogado.y_
entregar a to carte an forme escrita sus defenses o
sus obleclones o too demardas an contra de su
persona. Sea avlsedo qua at ust d nose defarrdla
Is torte tomars swdidas y puede continuer
demands en contra suya sin previo avlso a
notification. Ademss, to torte puede decidir a
favor dot demandante y requiem quo usted cuipls
con todas loo provisions de osta demands. Usted
porder
iaportaites pars s ustedoptedades u afros
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO 0
SI NO TIENE EL DiNERO SURCIENTE DE PAGAR
TAL SERViCO, VAYA EN PERSONA O LLAME
POP, TELEFONO A LA OFICiNA CUYA
DiRECCION SE ENCUENTRA ESCRITA ABA70
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association Cumberland County Bar Association
2 liberty Avenue 2 Liberty Avenue
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249.3166 (717) 249.3166
McCABE, WEISBERO AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bankers Trust Company of Cumberland County
California, N.A., As Custodian or Court of Common Pleas
Trustee
10790 Rancho Bernardo Road
San Diego, CA 92127
V.
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
and
Amy C. Shepherd
3824 Mountain View Road Number
Mechanicsburg, PA 17055
1. Plaintiff is Bankers Trust Company of California, N.A.,
As Custodian or Trustee, a corporation duly organized and doing
business at the above captioned address.
2. The Defendant is Donald W. Shephard, who is one of the
mortgagors and real owners of the mortgaged
property hereinafter ;
described, and his last-known address is 3824 Mountain View Road,
z
Mechanicsburg, PA 17055.
3. The Defendant is Amy C. Shephard, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and her last-known address is 3824 Mountain View Road,
Mechanicsburg, PA 17055.
4. On July 17, 1997, mortgagors made, executed and delivered
a mortgage upon the premises hereinafter described to Advanta
Finance Corp. which mortgage is recorded in the Office of the
Recorder of Cumberland County in Mortgage Book 1394, Page 426.
5. The aforesaid mortgage was thereafter assigned by Advanta
Finance Corp. to Bankers Trust Company of California, N.A., As
Custodian or Trustee, Plaintiff herein, by Assignment of Mortgage
to be recorded in the Office of the Recorder of Cumberland County.
6. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 3824 Mountain View
Road, Mechanicsburg, PA 17055.
7. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due April 1999 and each
month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month,
the entire principal balance and all interest due thereon are
collectible forthwith.
e. The following amounts are due on the mortgage:
Principal Balance $37,282.98
Interest 03/22/99 through 10/15/99 $ 3,102.93
(Plus $14.99 per diem thereafter)
Attorney's Fee $ 1,864.15
Late Charges $ 372.33
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search S 200.00
GRAND TOTAL
$43,172.39
9. The attorney's fees set forth above are in conformity
with the mortgage documents and Pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
10. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. 5403) and notice required by the Emergency Mortgage
Assistance Act of 1983 have been sent to the Defendants by
certified mail on the date set forth in the true and correct copies
of such notices attached hereto as Exhibit "B."
WHEREFORE, Plaintiff demands Judgment against the Defendants
in the sum of $43,172.39, together with interest at the rate of
$14.99 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgage property.
?rmo
TERRENCE J. MCCABE, SQUIRE
Attorney for Plaintiff
The undersigned, Robert Michalik, hereby certifies that he is
the Foreclosure- _Specialist of ,fthe Plaintiff Tin the within action,
6AAMIS T04 ?n Or ?I1 d i IIAS /l l USTOAd Of AlSk , and that
he is authorized to make this verification and that the foregoing
facts are true and correct to the best of his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. 54904
relating to unsworn falsification to authorities.
e
ROBERT MICHALIK
REAL ESTATE MORTGAGE
THISMORTGAGH, it needs wod.rwwotN, 17th d,yd July lo 97 , by
and belwominawaim W" , Donald W. Shepherd and Amy C. Shechard
her,N ceded •Mng,g,f? W Advanta Finance Corp.
fM+kgnnluWpededtwawasM 4811 Jonestown Rd, Suite 223 Harrisburg
P,m,Nnnle, heroin uhd'Modpgn••
Malyapa is Nd,aa m Mortgagee N the PMmdyr stn of U.S. S3 8876. 73 p,y,ae N madhy hWamen, of
PmiollWd?wawSathebrrwoturNdw,anaa01101 apw,a.umfuT15010 n ?J22J2ot2
To save to Mapepes the Mpeymra Of CLe Ndeblednass Mdwxd by Pl Nab, with Merest tMMOn; my extensions and W"We veered; toes prymrd of
as oar leas. Win aaenp thrnn, Sdearmd N,ccomeMs hwrmm to POW the ncurRyof Sde Mortgage; W Su pedartnrpe of the convenor, arm
,pa,mnl, it Mortgagor brake cadeerd, Mnggr does bytheso presanb ad, Wart. ale oonvey to Mngages at that nsi small a uaw in ore coLady, of
Cumberland (cly, daapA rorlnpld_ mechanicabura
Web
taouvnWnmberewn 3824 Mountain View Rd.
Mechanicsburg SMwwar
.? PwLnlwza, W deacromd N Osed neoMd N 0l Acaders OfSem of Said eeuuy al Oed
Book Veas" (1-11; Paq _ At 7 . W mss prtlaJry desuDd der.
See, Attached Schedule "A"
Acct No. 66285820
Case NO, 97070216
TOGETHER WITH a1 k"Ve and Iniont eaana thresn W addition tnnto. apkrding as Woe, passageways, Naas, obverse. privileges. IMndtamem
W,Ppurlnrpee MrMavv VWVX" bd lung, aspPWenure, W N ram IMMfa(h~ COW VISVIO papd Prrnees7.
TO HAVE AND TO HOLD M Mortgaged Ptrdses hereby gMMd W canted Later Mortgages, to and fa the we and beMef of MontIagn, so
auanann
aid assigns, Allow.
THIS MORTGAGE la MADE Subject to the faa,wNg cWNns. to ~ Mortgagor same:
1. MdgSpOCvAlm,kSNPePMnb n"du, dots lMrefWprMnaothreNpatlan ee rnwed apraNdd and In Via Nate, es,
r to opd^ my defer du pairrism elm of M "holyw+pdd N,MYUenb we or mole hat manna Op
nNato.
2. MangaparWEPly Whn Ow IS Mass! W SUU,mnb WAdansnmd uphill gas Mortgaged Pmla or e ?S of ine ndvA
arvar to au Mnfpa9411I rl MWGSL any pan thereof. W ww dehefinelpM
1 Matpporwdkenme,raovem,ns an dM Mortgaged PMmheecnsMretyMund agSMt Soo and own Wrhnards. N own vrawaare; vath such
elmsas Mngyee etas, rvgW .won Inn V any pryers Al Mortgagee bas Mamt my, appear.
a. Mdg,=MMWW I norsuRrry Fftwests•NWNanladreMntlon WmoMorlpegd Premises. advalm,NtaN the Same Ing="I
rag non.
S. mth, evM thaAAlMaga d,huMnmwMdrw asvmaMea.aM emhMMV,un.uM...v ........:..... _..._._.... _..?_--. -'-_.
ew.moowev. v?reverW"..yM.,anors meomry fees, boom aSte. WMISaBalk togethaf With Wrest after Womera at Vie sppY tot
MIS unI ON M rnnua M Mortgages b paid. In ft everd lawgaga Me to maNbin InuBance agemst M W Such Pmr hazards It Mngs9ee
raplkee.MorpetpMU rallmMapagu title option toobtain suchmswanpa and Nmwgsgafa,ltows areGwnkh awn MM Mortgagor agrees
b, a b dd such bats to ms am remeWrp npW pfFelprbrrw of the Note and ergs Interest IMmn It the rate of IMrer eommdN
the NplL
0. ShaAdoMMortgepaSets suceen»a bdrer,wfhrAfaowns Nwnapetore Mngpn.Sed,transfer, aeanvr/.apermala be Sold. bemhnd
aconnyed, byWeroera IN Bach as nyin .bMreM N the Mortgaged Prernses(awry Wthrvol)• lien Mortgages my dcWe d mane
swu ed herby Imnod&*M W peyslM. cabled Al applicable taw. Thb praN,Aln and apply to each W very all., transfer, or wmmyena.
regarding QfWwtw snot Mortgages has aan,nisd to. awlhedas rtptn hreJlpr. N Wrby,abn WW Edon N 9ormecoonWe ryperybut
sw. bwlrab,flvry'Y1Ce. wflarre a mare, FSUI to nnrdso own now ell not Constitute I wsiw of ore Nitta ardae beach ppow tapes
a Mlr even.
7. Matgagar egms that M Mnpsgo Is seevrdy for and payment of the elaeuld obligationsand ad cow Wed or conlNgnt DbMta of the Mngaga
Iwsof Is ore Mortgages hard M IS M beamt due whothr"a v ng a nerBaSw cortraded.
a la, P?,thMene amyssavi d by We Mortgage we lent b McNagorto eWhWe to ore Mortgagd PnmMes, WS Mngaga is herby declared to
g. MngagaMMbyvMMe W mi 41 Wall and Most hen any W el morsiaemra, may and exemption Ism. now In force aMre,Srpassed.
era nor dne, bnea orMlda Mngsga, aorft" thebwMe M Watts Note to a am not in ease of N amunt,ctall, Poet ha, pucaer
of the Mortgaged Prwnesa at A Bale UWWIn an W4W proceedings upon the Note IS upon this Mertgsg,, a aemptng the Mortgaged Premisn or
prornis" n aPatent, raw or prs". a Bay pad of did plowed ale thanaf Inert miscbmen, Nvy a See Linda MCLmn,a WVA"
for agrees,. Mortgagor hembyrsienBa Al Mortgagee t"aadaWctenryddpwv.aanry, aahWMMMaydgnts.
10. To the rare lrwha. Mortgagor of a Rrwvw may mar the Mng,gd Pnmus.90400 U Bane. W apply Wm to as debt hereunder. This uus nor
Sus Bay defrA
am/aA r0,Ba1 ADDITIONAL TERMS ON Rr4ERSit $IOE
IT
ADOMONALTERMS
BUT PROMOED ALWAYS, NMI Mrti•pa don notplyaaua.rigMmp.p••W BrdM o d.a•Mna..co.db a paid h M, f ,,IMS Manp.p.
.WBM•Wf•ha•Oy pMMW Shn Can•Wd•tamla.4Same Veld. InytvV Wa, in ft cwwafy nowitaw Yq.
TM CCW%sr.1wMn cW&In.dsW Call. OW Ow Oalre. V4 SMnNpn shall Yun to, re fnp.aM MY.,n art..dmY,htalm..uttnar•.•nd
.••gn•N.f 1M WON hsllt. WPAM" UW, ft *VAN ,u,Na.has Hdwds m• PYr.L the p6r.l re .Y,piA f, •W he ua of my p.Wa.h•l be
.ppYaet• to •S puNa..
P.ym.M of Bd• Mog.p. N.uoJ•n fo ft Ialm. and tod.mn• of m. Nola of Mn Call Mlw.m Madp.pa and Mmp.pY•.
IN WITNESS WHEREOF. BM .W Monp.pahas •gn.d IM Monp•p•, vAh sags) .mud. m me d•t• M.t.MM mown
Sgn.d. $Wed was O?.M/r.O M ft ?M..m• M. ,
Roer Hunt er-" Dot ? ap a (SEAL)
Amy C. Shepherd (SEAL)
I [.rely M pntlN n.ld.,c• et W Menp.pN b a
COUNTYOF
•,
on Pd. 17th day& July 1997 Car.., nevin L. Beyer
Bwwa.gnw.feo.r,p.nm.q•pp.wd_ Donald W. Shepherd and Amy C. Shepherd
M,PMfY•m•(a NWf.dedty prwm)batM pmm a tvho•.ncm. a .uowpNto N•MWnh Wv.W•kl MdgdiMt
They of MWI;W 8 •r.CN.d th. IBM to Br Wpm" harsh cwWmct
M WIM"S VA.W. I H•r §60 my Mid.W.IIICI.1h.,d .all,
My CemnNWn •.pY..: I .,..... haw/??/
SPACE ABOVE THIS LINE FOR RECORDER'S USE
W
O
O O
U. f J
0
COMMONWEALTNOFPBNNSYLVANA )
I,
{CHEDULE A
lard and Amy C. Shepherd
-Order Number-ln'lou 6
Name of Bormwegs) 'Donald W.
Acct No. 66365620.__
i
Legal Descrlpdon of Real Property:
!n ,? Ilrl+Ot•.SStnd'hgr pr la J 9't ka?'Da tJrlY
•? r,vidiillWo,at at
?t the n0ortheut •e ne at ra , 9 d.1 1,on the. h} a h• ter pdhtianed
dbOvlelbJ, plan t n dly,pr n f Hlrgkk• If. 6al.n art thane
• ?lbndd thli venter Y 1n/ otn d'Loba. 1' efhA1Y_ 1 d•tr u 11 r
iipufee 14.ugen r ut'17j. tabt! g•, bk! eh the Pa
1?a pt•,rpt No, . to Irt It P,rp at 1.'01 1`t1 t Pa 10n4
•.ti the lattgr 11he qqd esypnQQ, Re north rn karJlnu bt a t nt away.
Hortli' d E?Qt 7a1 71 IaJ to a?vf' t 'Jlgbnas Nast It (I,teet d jq lYon
+?• ai •thi,d4 eip 4 o/patt.n gr'lltllet pl n rlt ill N r;h
nbds••. 11 Al ut 5 s 1 eo . N1¦k' olat r eE e? i ?ten'?Ynt.•
••rt/h(•np• br Sande t le a 1 Natth 'r aJ??Qrrre b //.a n tee 7
.? Yhglldb t?Jk f,it ke 'lppon. vpt o et,?11(yyyn ' be :1?Ad Pei. or..
r '': 7rto of its 7.:. In ii 49 yYfnilie`tar.' d Igdth 11 d,tids.
p!•os bt.llto:carne,
Real Propem/
Commonly Known As:
3824 Mountain View Ad.
7
?-/7- 9?
onald W. She Ord s °^ A C. Shepherd oat.
,? m Iq.uara Data
TERRENCEJ.McCABE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2010 SUITE 600
FIRST UNION BUILDINO 216 HADDON AVENUE
123 SOUTH BROAD STREET WESTMONT. N) 01101
PHILADELPHIA, PENNSYLVANIA 19109 (609)131.7010
(215) 790.1010 FAX (609)151.7020
FAX (215) 790.1274
SUITE 1503
52 VANDER13ILT AVENUE
NEW YORK, NY 10017
(212) 6970011
FAX (212) 953-0916
July 7, 1999
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
LENDER: Advanta Mortgage Corporation
ACCOUNT NUMBER: 66285820
REAL ESTATE: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Dear Donald W. Shephard:
The MORTGAGE held by Advanta Mortgage Corporation (hereinafter we, us or ours) on
your property located at 3824 Mountain View Road Mechanicsburg, PA 17055-2130 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of approximately $530.86
for the months of April 1999 through June 1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $N/A. 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 $1,632,58.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $1,632.58 plus any additional monthly payments and late charge which
may fall due during this period. Such payment must be made either by cash, cashier's check,
certified check or money order and made to
EXHIBUT °'B"
Advanta Mortgage Corporation
10790 Rancho Bemardo Road
San Diego, CA 92127
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right
to accelerate the mortgage payments. This means that 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 installments. If full payment of the amount of default is not made within
THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. Once this matter is referred to me for suit, but you cure the default before I 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, which may also include reasonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
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 thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any time
up to one hour before the Sheriffs Foreclosure Sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected 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 5 months.
A notice of the date of the Sheriff Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment will be by calling the following number: 858-618-5141,. This
payment must be in cash, cashier's check, certified check or money order and made payable to us at
the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property
and your right to remain in it. If you 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 interest in the property. You have the right
to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another
lending institution to pay off this debt. (You may have the 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 to or at the sale,
and that the other requirements under the mortgage are satisfied). Contact us to determine under
what circumstances this right might exist. You have the right to have this default cured by any third
party acting on your behalf.
f --
If you cur: the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in
any calendar year.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCE J. McCABE
TJWddp
SENT VIA CERTIFIED MAIL
NUMBER Z 345 683 852
RETURN RECEIPT REQUESTED
TERRENCE 1. McCABE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2080 SUITE 600
FIRST UNION BUILDING 216 HADDON AVENUE
123 SOUTH BROAD STREET WESTMONT. NJ 08108
PHILADELPHIA. PENNSYLVANIA 19109 (609) 858.7080
(215) 790.1010 FAX (609) 858.7020
FAX (215) 790.1274
SUITE 1503
52 VANDERBILT AVENUE
NEW YORK NY 10017
(212) 697-0011
FAX (212) 933.0986
July 7, 1999
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
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 notificacion en adjunto es de suma importancia, pues afecta su derecho a continuer
viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion
immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos all
numero mencionado arriba. Puedes ser elegible para un prestamo por el programs, llamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida
del derechq a redimir su hipoteca.
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
TO: Donald W. Shephard
FROM: Terrence J. McCabe, Esquire
RE: Premises: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Account Number: 66285820
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 been caused by
circumstances beyond your control, you have a reasonable prospect of resuming your 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 your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must arrange and attend a "face-to-face"
meeting with a representative of this 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 (30) days,
if you attend a face-to-face meeting with this lender, or with a 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.
The name, address and telephone number of the Advanta Mortgage Corporation representative
is as follows:
Erin Stallmer
Advanta Mortgage Corporation
10790 Rancho Bernardo Road
San Diego, CA 92127
858-618-5141,.
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 this
lender immediately of your intentions.
Your mortgage is in default because you have 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
$1,632.58. That sum includes the following: principal and interest.
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. }'_our application must be filed or postmarked, within thirty (30) days of your face-to-face
meeting.
It Is extremely Important that you file your application promptly. If you do not do so, or tfyou
do not follow the other time periods set forth in this letter, foreclosure may proceed against your
home Immediately.
Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the agency under the eligibility criteria established by the Act.
i
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 proceeding will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by that Agency
of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office
Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call (717) 780-1869.
In addition you may receive another notice from this lender under Act 6 of 1974. That notice is
called a "Notice of Intention to Foreclose." You must read both notices, since they both explain
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 that assistance.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the.validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE ?SFD FOR THIS p RPOS
Very truly yours,
TERRENCE J. McCABE
TJWddp
TERRENCEJ.MCCABE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2060 SUITE 600
FIRST UNION BUILDING 216 HADDON AVENUE
123 SOUTH BROAD STREET WESTMONT, NJ 08108
PHILADELPHIA, PENNSYLVANIA 19109 (609) $58.7080
(215) 790.1010 FAX (609) 858.7020
FAX (215) 790.1274
SUITE 1503
52 VANDERBILT AVENUE
NEW YORX, NY 10017
(212) 697.Mi t
FAX (212) 9$3.0986
July 7, 1999
Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
LENDER: Advanta Mortgage Corporation
ACCOUNT NUMBER: 66285820
REAL ESTATE: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Dear Amy C. Shephard :
The MORTGAGE held by Advanta Mortgage Corporation (hereinafter we, us or ours) on
your property located at 3824 Mountain View Road Mechanicsburg, PA 17055-2130 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of approximately $530.86
for the months of April 1999 through June 1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $N/A. 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 $1,632.58.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $1,632.58 plus any additional monthly payments and late charge which
may fall due during this period. Such payment must be made either by cash, cashier's check,
certified check or money order and made to
,i
i
i
Advanta Mortgage Corporation
10790 Rancho Bemardo Road
San Diego, CA 92127
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right
to accelerate the mortgage payments. This means that 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 installments. If full payment of the amount of default is not made within
THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. Once this matter is referred to me for suit, but you cure the default before I 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, which may also include reasonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
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 thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any time
up to one hour before the Sheriffs Foreclosure Sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected 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 5 months.
A notice of the date of the Sheriff Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment will be by calling the following number: 858-618-5141,. This
payment must be in cash, cashier's check, certified check or money order and made payable to us at
the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property
and your right to remain in it. If you 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 interest in the property. You have the right
to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another
lending institution to pay off this debt. (You may have the 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 to or at the sale,
and that the other requirements under the mortgage are satisfied). Contact us to determine under
what circumstances this right might exist. You have the right to have this default cured by any third
party acting on your behalf.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you arc not entitled to this right to cure your default more than three times in
any calendar year.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCE J. McCABE
TJM/ddp
SENT VIA CERTIFIED MAIL
NUMBER Z 345 683 853
RETURN RECEIPT REQUESTED
TERRENCEJ,MCCABE
LAW OFFICES
MCCABE, WEISBERG & CONWAY, P.C.
SUITE 2080
FIRST UNION BUILDINO
123 SOUTH BROAD STREET
PHILADELPHIA, PENNSYLVANIA 19109
(215) 790.1010
FAX (215) 790.1274
SUITE 600
216 HADDON AVENUE
W ESTMONT, NJ 08108
(609)858.7080
FAX (609) 858.7020
SUITE 1503
32 VANDERBILT AVENUE
NEW YORK. NY 10017
(212) 697-0011
FAX (212) 9530986
July 7,1999
Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
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 notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende cl contenido de esta notificacion obtenga una traduccion
immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionado arriba. Puedes ser elegible para un prestamo por el programa Ilamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida
del derecho a redimir su hipoteca.
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
TO: Amy C. Shephard
FROM: Terrence J. McCabe, Esquire
RE: Premises: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Account Number: 66285820
You may be eligible for financial assistAn p that w 'll 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 been caused by
circumstances beyond your control, you have a reasonable prospect of resuming your mortgage
payments, and if you meet other eligibility requirements established by the Pennsylvania Housing
Finance Agency. Please read all of this Notic It ontains an explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must arrange and attend a "face-to-face"
meeting with a representative of this 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 h next (3Q1 d!r-
If you attend a face-to-face meeting with this lender, or with a 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.
The name, address and telephone number of the Advanta Mortgage Corporation representative
is as follows:
Erin Stallmer
Advanta Mortgage Corporation
10790 Rancho Bemardo Road
San Diego, CA 92127
858-618-5141,.
The names and addresses of designated consumer credit counseling agencies arc shown on the
attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this
lender immediately of your intentions.
Your mortgage is in default because you have failed to pay promptly installments of p ndpal and
interest. as required, for a period of at least sixty (60) days. The total amount of the delinquency is
$1,632.58. That sum includes the following: principal and interest.
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 application must be fit d or nostmarkcd within thirty ((30) days of your face to face
meeting.
It is extremely important that you file your application promptly. Ifyou do not do so, or ifyou
do not follow the other time periods set forth in this letter, foreclosure may proceed against your
home immediately.
Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the agency under the eligibility criteria established by the Act.
It is extremely important that your applic^tion is occur^te and comnlete in evervlg,Sp?rt, The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that additional time, no foreclosure proceeding will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by that Agency
of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office
Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call (717) 780-1869.
In addition you may receive another notice from this lender under Act 6 of 1974. That notice is
called a "Notice of Intention to Foreclose." You must read both notices, since they both explain
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 that assistance.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debtor obtain a copy of judgment and mail you a copy of such judgment
or verification. You arc also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
THE PURPOSE OF THiC OMM INI ATION IC TO O FCT A DEBT AND ANY
INFORMATION OBTAINED WILL B C D FOR T M p 1RPOCF
Very truly yours,
TERRENCEJ.McCABE
R
TJM/ddp
t? Qi
'L.1 fry 't
{
4
lr SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-06478 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANKERS TRUST COMPANY OF CA
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
but was unable to locate Him in his bailiwick. He therefore returns
the COMPLAINT - MORT FORE
NOTICE
NOT FOUND as to the within named defendant
SHEPHARD DONALD W
DEFT NO LONGER RESIDES AT ADDRESS STATED PAPER
IS EXPIRED, RETURN NOT FOUND AS PER ATTY 12/7/99.
Sheriff's Costs: So ;7*,?wz Docketing 18.00
Service 6.20 NOT FOUND RETURN 5.00 -
Surcharge 8.00 ,
$37-ZU MC A0B$ WWEEISBERG & CONWAY 1999
Sworn and subscribe to before me //
this // ir, day of
0 c2oy-0 A. D.
?0
CASE NO: 1999-06478 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANKERS TRUST COMPANY OF CA
VS.
SHEPHARD DONALD W ET AL
RICHARD SMITH , 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 the
defendant, at 20:20 HOURS, on the 1st day of November
1999 at 3824 MOUNTAIN VIEW ROAD
MECHANICSBURG, PA 17055 CUMBERLAND ,
County, Pennsylvania, by handing to AMY 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:
Dockgting
Service
Affidavit
Surcharge
So answer'
6.00 00
8 ? e+
8.00 R inomau , SnerizL
AMC AB /,99
by
Sworn and subscribed to before me
this II CV day of
11F I&V-o A.D.
av aLJL n ?-
i
McCABE, WEISBERG AND CONWAY, P.C.
BYt TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bankers Trust Company of
California, N.A., As Custodian or
Trustee
10790 Rancho Bernardo Road
San Diego, CA 92127
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
V.
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
and
Amy C. Shepherd
3824 Mountain view Road Number [? tv
Mechanicsburg, PA 17055
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE AVISO
You have been sued to 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
coeplaint or for any other claim or relief
requested by the plaintiff. You may lose money or
property or other rights laportant to you.
Le hen demandado a usted en to torte. SI usted
quiere defenderse de estas demandas ex•puestas en
too paglnes slguientes, usted tlene veinte (20)
dias de plaza at partir de to fecha de to demands y
to notiflcaclon. Hace falta asentar tna
cortparencla escrita o an persona o con un abogado y
entregar a Is torte en forma escrita sus defenses o
sus objeciones a las demandas an contra de su
persona. Sea evisedo qua at usted no is deflende,
is torte tomara medidas y puede continuer Is
demanda en contra suya sin prevla sviso a
notification. Ademaa, to torte puede decidlr a
favor del demandante y requlere qua usted cunpls
con todas lac provisioner de asts demarda. Listed
puede perder dinero o sus propledades u otros
derechos importantes pare usted.
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 HELP.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADOO
SI NO TIENE EL DiNERO SUFICIENTE DE PAGAR
TAL SERViCO, VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA
DIRECCiON SE ENCUENTRA ESCRITA ABA10
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association Cumberland County Bar Association
2 Liberty Avenue 2 Liberty Avenue
Carlisle, PA 17013TRUE WPY FROM R RE PA 17013
(717) 249-3166 In Taw" wtwto, I Iva unto tat 24 •3166
dnd tt ,oi &:r QU ? Carlisle,
p.
r a: s
McCABE, WEISBERG AND CONWAY, P.C.
'BYs TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010.
Bankers Trust Company of
California, N.A., As Custodian or
Trustee
10790 Rancho Bernardo Road
San Diego, CA 92127
V.
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
and
Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number
1. Plaintiff is Bankers Trust Company of California, N.A.,
As Custodian or Trustee, a corporation duly organized and doing
business at the above captioned address.
2. The Defendant is Donald W. Shephard, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and his last-known address is 3824 Mountain View Road,
Mechanicsburg, PA 17055.
3. The Defendant is Amy C. Shephard, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and her last-known address is 3824 Mountain View Road,
Mechanicsburg, PA 17055.
4. On July 17, 1997, mortgagors made, executed and delivered
a mortgage upon the premises hereinafter described to Advanta
Finance Corp. which mortgage is recorded in the Office of the
Recorder of Cumberland County in Mortgage Book 1394, Page 426.
5. The aforesaid mortgage was thereafter assigned by Advanta
Finance Corp. to Bankers Trust Company of California, N.A., As
Custodian or Trustee, Plaintiff herein, by Assignment of Mortgage
to be recorded in the Office of the Recorder of Cumberland County.
6. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 3824 Mountain View
Road, Mechanicsburg, PA 17055.
7. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due April 1999 and each
month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month,
the entire principal balance and all interest due thereon are
collectible forthwith.
8. The following amounts are due on the mortgage:
Principal Balance $37,282.98
Interest 03/22/99 through 10/15/99 $ 3,102.93
(Plus $14.99 per diem thereafter)
Attorney's Fee $ 1,864.15
Late Charges $ 372.33
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search S 200.00
GRAND TOTAL $43,172.39
9. The attorney's fees set forth above are in conformity
with the mortgage documents and Pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
i
Sale. If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
10. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. §403) and notice required by the Emergency Mortgage
Assistance Act of 1983 have been sent to the Defendants by
certified mail on the date set forth in the true and correct copies
of such notices attached hereto as Exhibit "B."
WHEREFORE, Plaintiff demands Judgment against the Defendants
in the sum of $43,172.39, together with interest at the rate of
$14.99 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgage property.
?1Ju v v-?. ?? l..
TERRENCE J. MCCRBE,
SQUIRE
Attorney for Plaintiff
The undersigned, Robert Michalik, hereby certifies that he is
the Foreclosure Specialist of the Plaintiff in the within action,
6" Mrs &A 8 mgmi of 6011'kmid. U-4- As lu516110ef Tdshy , and that
he is authorized to make this verification and that the foregoing
facts are true and correct to the best of his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. 54904
relating to unsworn falsification to authorities.
t
ROBERT MICHALIK
age. W4 INy pracead bP "MAN wW eaecWbn b leaanf the bwnce are n the Nate and My Omer fume
uonawe Seamry fees, can of ape, and Coats of sale, logathr wth srerest aSr PWpmenl it dr Sppeabls
le pact. In am ewd Mortpagaf nU to maiman "Mme apwnu Are and such ahr herards as Mn9agee
1 wtlsoption toDiew unhatrancevW bllMenpspa for llUUaMweaf.~ sun cats mortipiloreVers
emasary wpsW phcpw OsleKe a Me Naa erW cMlpe wwnt Moan r do nn of aSereN eonrahad h
REAL ESTATE MORTGAGE
THIS MORTGAGE, IS made rW.awed Mta eU 17th drys July by
am eMwn the urWenlpwd Donald W. 8hephard and AMY C. Shepherd
Inrser Wadylertpagor, rld Advents Finance Corp.
bntgenoMUwplecealwew.eu 1811 Jonestown Rd. Suite 223 Harrisburg
PwwrfwU, MrW Wed •Malpapa•.
Mertpaga Is hdetow b NimV e in Me ph;Ipa Sum at u s. 638876.73 payable In mcn" hralenenaa
ISL and interest, wW ee- aMeaWeeledr .ileasoonerpwd.dpeendpeyeolen-7/ 741 11
To swiss to MoMpaga MR npalwperl Of eve Indebtadrrss erldncW by Me Nate. wM Mlhreat M nioN any estwrbrts end rerawab eurwit, Me payment of
N ales nest. wM hbna Mrean, aMrcM h lee b M b pm Sea. aeeueya Mle mono; and at w Mal oar .St Rats a su emvnanb in
aprwrwb of Morpapa Mreh awaMd; Mortpepar does dos by Me" ve. mum , Oren. and ranvry to b Monppa at an SMetee in M every at
Cumberland (cay,aonS;0,Taranlp)a mechanicsburg Wen
bw.nrammbwwu 3824 Mountain View Rd.
Mechanicsburg rn..aes PsnnsyNenle, ant aeae.d in Geed rsconad M Me Recadna Office of ssW Cowry at Wed
. rave
Base Voam r.TR Pape n17 ,rW men pMWrry dewead aa'
See- Attached Schedule "Art
Acct No. 66285820
Case NO. 97070216
TOGETHER WITH all bukhps end lrtlpeowertleMS tlweon aN adanbna ew.to, hrAiartg ad sap, wnegwwr/e, rtgNS. Yberou, prrrpee, hreaamwa
W" ePp War ft wnwsaw Menrado bebn V. W eppate wit ne AS rra Morels (Mnln Used Me •MSngsW Praaseel.
TO HAVE AND TO HOLD Mrs Mnpaped PranUas lureby grwssdand eam+yw umo Matgapee, b one Ia1M we end Mhee/ef Manpaga, U auanson
and sWpm. laser.
THIS MORTGAGB IS MAD! sulyW b des fa/w.4p caWRbna. b wNn MOnpepar apnea:
1. MalpeperM msssYpeymnle nlM due dare lMfeol and ageclam aS aMreWpstMe a/equeadorPnsuded twain aMlnsr Nate. Mnpagee,
a U opdar4 may don Ma peymwr tlwe al U M+etY trq.W Ywbsnrems one amm N1 *0 0 Pursuers b Me terms a Me Nate,
2 Mortgagor wBpnt"an Mastests lee useewnems WAWorstansadagainst the Mortppee Premiss nwrypwt Mwsof, and ns Uherrsaa:ps
SMeler to sle Matpspes Won fattest
7. Vatp Wwfi weaMerra•Mmsms nine Mngnw Pnmleacena"Insured Spabslfine erW such alNrhatards. in such unowl arslwM SUCK
cram as mongspae am remits. ywPl less 4 any payable to Mnpaga as b interest nay appear.
4. MWMw*dneeweammRnor Sal1wary sbb,wssts, hYWmeraor debrWatlan of McMWgapd Pramfsa, and SolmintahMR Same In Q= "t
rW rear.
!. NMeewrreW Mnbeda ahWanmaaq of any pawnadw SN Payable VfWrlifeNate. ahMl rseprW alW per/amance by lAOrlCaba of my
two ant e
rprwa,A
to pry, al
IN two.
S. SHAMS
applicable row.
7. Mortgagor npn
hreato Vle A
8. ItUapenal
be a pawn
9. Abnpagahn
Ta Mi sWiMlawitl,MMpegaaa
to.
are any defNt
aeuue seam
1
ADDITIONAL TERMS ON REVERSE SID!
each
suns
r aneamars. FaArebasercle0 such opuatrlel leaconatANSawwrsr olMertgmb0mdss taco spun open
I is secumy for me paymed of MS slonsaW obligations ant ad oNef diced of carhperr tabdtles Of Me Nlen949or
orb bo acne due W119" nOW emetg a hennelcanbaded.
Mb Mwpspe w lea to Mn9agab Sequin its to Me MwV#gtd PMFNSea, the Mn989e Is hamby declared to
a at bemye v4 retef horn any ark sl spprelsemenl. stay led erampppn lewa. non An I=* orhwtaher passed.
PW, orlmnp the baww due wdrMe Nate to n aura not h sass Of the nmoum acfaerywW by the pschaser
peraf an Arrytydca Woces&V upon IM Note or upon Mn M0111939e, OF uamplap Me Mortgaged Pnmsee of
or personal. awry put of me pnaeds of sale Menol from s7adwan. levy be pas under ascubon, or gals,
ees. 14*10SW herebyWes"Stoh atga9a as fights &Worpeclaneyadoar.eartery, or aerHarsnMwynpma.
ROCrro n?y ear Me Ma1919ed Premsa. C011011 54 real, ant Appy Mtn 10 Me 0001 11410urWr. TNS we not
AOOn10NAL TERMS
BUT PROVIOEO ALWAYS, Mel E LMppor aaee Dal Dof r wuee Ihi Mrpepe ew Br aM r deMe Mnbf secure. m a pW n M, Swh Bee Mahppe
wE VA MAIM INree/ pInes"wise IM Oetemwe rw become VW. a" hren m Sw cw my wfvM*w p.
TM tb,errlw herein wnelwA &W lid, ere! Sw WMfh wd sdMtpw eNe ewe m, Sw mpcuw Mie, enable, e6nrwtrelon, eucceeeen, eM
¦eeto ellf"PonweMMO. wlwwvu..a.vrw?pulrnurorwssrM?mawWnr.wWnlwwq?a.wsru..awrE«werwfe.
cppueWM laee pavan.
PC" of Wl &WMI is eue)eM Is M Irma eW ufrwecp of the Not. of inn an bO~ Mrtppr end Mptppw.
IN WITNESS WHEREOF. the tap Mwppm hie %" pee Mortpepe, h11h Negg emnd, w M ate SM Sam Vf
Spnw, Wed
? ]w edderef Calmed in the pnwea at. jgA- )4 Rob e unter , - o p s p t? 1s[Aq
Amy C. Shepherd (sPaU
I Miff ft wed" mwrce of a* Marvom Is a
17109
n:
eounTYO? )
on ere 17th dgef July Ip97 afp,?111e, nevin L. Beyer
1Mwwwwrw~.perwn*,ppeerw_ Donald W. Shepherd and Amy C. Shepherd
mgrs m fa (r eeaNaere f pfeen) m W Vw prrn 0 .hew nww a euewRw m dw nmrt neMwre end eduWedpeO t1w1
They .nMapepor 8 encufw th Mme forpw purpaef neon arwnw.
M tARneee Whene/,1 Hereune eM my hiw erw efhml wV.
M?Carrernren erprw: .,...., N?? ? _ . _
SPACE ABOVE THIS LINE FOR RECORDER'S USE
W
C)
p
O
? W
SCHEDULE A
Name ofSonowegs) Donald W. Shepherd and Amy C. Shepherd
Acct No. 66285520 Order Number a7n7niiR
Legal Desdpdon of Real Property:
.?r
As:
3824 Mountain View Ad.
TERRENCE ). MCCADE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2080 SUITE 600
FIRST UNION BUILDING 216 HADDON AVENUE
121 SOUTII BROAD STREET WESTMONT, NJ 08108
PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080
(215) 790.1010 FAX (609) 858.7020
FAX (215) 790.1211
SUITE 1507
52 VANDERBILT AVENUE
NEW YORK, NY 10017
(212) 697-0011
FAX (212) 957.0986
July 7, 1999
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
LENDER: Advanta Mortgage Corporation
ACCOUNT NUMBER: 66285820
REAL ESTATE: 3824 Mountain View Road Mechanicsburg, PA 17055.2130
Dear Donald W. Shcphard:
The MORTGAGE held by Advanta Mortgage Corporation (hereinafter we, us or ours) on
your property located at 3824 Mountain View Road Mechanicsburg, PA 17055-2130 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of approximately $530.86
for the months of April 1999 through June 1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $N/A. 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 $1,632.58.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $1,632.58 plus any additional monthly payments and late charge which
may fall due during this period. Such payment must be made either by cash, cashier's check,
certified check or money order and made to
exHesiT ,.s..
Advanta Mortgage Corporation
10790 Rancho Bernardo Road
San Diego, CA 92127
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right
to accelerate the mortgage payments. This means that 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 installments. If full payment of the amount of default is not made within
THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. Once this matter is referred to me for suit, but you cure the default before I 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, which may also include reasonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
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 thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any time
up to one hour before the Sheriffs Foreclosure Sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected 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 5 months.
A notice of the date of the Sheriff Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment will be by calling the following number: 858-618-5141,. This
payment must be in cash, cashier's check, certified check or money order and made payable to us at
the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property
and your right to remain in it. If you 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 interest in the property. You have the right
to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another
lending institution to pay off this debt. (You may have the 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 to or at the sale,
and that the other requirements under the mortgage are satisfied). Contact us to determine under
what circumstances this right might exist. You have the right to have this default cured by any third
party acting on your behalf.
If you cum the default, the mortgage will be restored to the same position as if no default had
,occurred. However, you are not entitled to this right to cure your default more than three times in
any calendar year.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCE J. McCABE
TJM/ddp
SENT VIA CERTIFIED MAIL
NUMBER Z 345 683 852
RETURN RECEIPT REQUESTED
TERRENCE1.McCABE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2080 SUITE 600
FIRST UNION BUILDING 216 HADDON AVENUE
123 SOUTH BROAD STREET WESTMONT,NJ 08108
PHILADELPHIA. PENNSYLVANIA 19109 (609) 8584080
(215) 790.1010 FAX (609) 858.7020
FAX (215) 790.1274
SUITE 1503
52 VANDER13ILT AVENUE
NEW YORK. NY 10017
(212) 697-0011
FAX (212) 953-0986
July 7, 1999
Donald W. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
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 notificacion en adjunto es de sumo importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende cl contenido de esta notificacion obtenga una traduccion
immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionado arriba. Puedes ser elegible Para un prestamo por el programa llamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puedc salvar su casa de la perdida
del derecho a redimir su hipoteca.
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
TO: Donald W. Shephard
FROM: Terrence J. McCabe, Esquire
RE: Premises: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Account Number: 66285820
You maybe 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 been caused by
circumstances beyond your control, you have a reasonable prospect of resuming your 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 your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must arrange and attend a "face-to-face"
meeting with a representative of this 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 (30) days.
If you attend a face-to-face meeting with this lender, or with a 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.
The name, address and telephone number of the Advanta Mortgage Corporation representative
is as follows: f
Erin Stallmer
Advanta Mortgage Corporation
10790 Rancho Bernardo Road
San Diego, CA 92127
858-618-5141,.
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 this
lender immediately of your intentions.
Your mortgage is in default because you have 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
$1,632.58. That sum includes the following: principal and interest.
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 application must be filed or postmarked, within thirty (30) days of your face-to-face
meeting,,
It Is extremely Important that you file your application promptly. Ifyou do not do so, or ifyou
do not follow the other time periods set forth in this letter, foreclosure may proceed against your
home immediately.
Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the agency under the eligibility criteria established by the Act.
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 proceeding will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by that Agency
of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office
Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call (717) 780-1869.
In addition you may receive another notice from this lender under Act 6 of 1974. That notice is
called a "Notice of Intention to Foreclose." You must read both notices, since they both explain
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 that assistance.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
-dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCEJ.McCABE
TJM/ddp
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
TERRENCE J. McCABE
SUITE 2080
FIRST UNION BUILDING
123 SOUTH BROAD STREET
PHILADELPHIA, PENNSYLVANIA 19109
(215)790.1010
FAX (215) 790.1274
SUITE 600
216 HADDON AVENUE
WESTMONT, NJ 08108
(609) 878.7080
FAX (609) 858.7020
July 7, 1999
Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
LENDER: Advanta Mortgage Corporation
ACCOUNT NUMBER: 66285820
REAL ESTATE: 3824 Mountain View Road Mechanicsburg, PA 17055.2130
Dear Amy C. Shephard :
SUITE IS03
S2 VANDERBILT AVENUE
NEW YORK, NY 10017
(212) 697-0011
FAX (212) 953-0986
The MORTGAGE held by Advanta Mortgage Corporation (hereinafter we, us or ours) on
your property located at 3824 Mountain View Road Mechanicsburg, PA 17055-2130 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of approximately $530.86
for the months of April 1999 through June 1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $N/A. 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 $1,632.58.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $1,632.58 plus any additional monthly payments and late charge which
may fall due during this period. Such payment must be made either by cash, cashier's check,
certified check or money order and made to
Advanta Mortgage Corporation
10790 Rancho Bernardo Road
San Diego, CA 92127
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right
to accelerate the mortgage payments. This means that 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 installments. If full payment of the amount of default is not made within
THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. Once this matter is referred to me for suit, but you cure the default before I 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, which may also include reasonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
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 thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any time
up to one hour before the Sheriffs Foreclosure Sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected 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 5 months.
A notice of the date of the Sheriff Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment will be by calling the following number: 858-618-5141,. This
payment must be in cash, cashier's check, certified check or money order and made payable to us at
the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property
and your right to remain in it. If you 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 interest in the property. You have the right
to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another
lending institution to pay off this debt. (You may have the 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 to or at the sale,
and that the other requirements under the mortgage arc satisfied). Contact us to determine under
what circumstances this right might exist. You have the right to have this default cured by any third
party acting on your behalf.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in
any calendar year.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will;
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
TERRENCE J. McCABE
TJM/ddp
SENT VIA CERTIFIED MAIL
NUMBER Z 345 683 853
RETURN RECEIPT REQUESTED
TERRENCE J. MCCADE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2080
FIRST UNION BUILDING
123 SOUTH BROAD STREET
PHILADELPHIA, PENNSYLVANIA 19109
(215)790.1010
FAX (215) 790.1274
SUITE 600
216 HADDON AVENUE
WESTMONT. N) 08108
(609)858.7080
FAX (609) 858.7020
SUITE 1507
52 VANDERBILT AVENUE
NEW YORK, NY 10017
(212)697.0011
FAX (212) 9$7-0986
July 7, 1999
Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055-2130
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
THE COMMONWEALTH OF PENNSYLVANIA'S
HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTA14CE 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 notificacion en adjunto es de suma importancia, pues afccta su derecho a continuar
viviendo en su casa. Si no comprende cl contenido de esta notificacion obtenga una traduccion
immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionado arriba. Puedes ser elegible para un prestamo per el programs llamado
"Homeowner's Emergency Mortgage Assistance Program" cl cual puedc salvar su casa de la perdida
del dcrecho a redimir su hipoteca.
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
TO: Amy C. Shephard
FROM: Terrence J. McCabe, Esquire
RE: Premises: 3824 Mountain View Road Mechanicsburg, PA 17055-2130
Account Number: 66285820
You mev 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 been caused by
circumstances beyond your control, you have a reasonable prospect of resuming your 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 your rie to
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must arrange and attend a "face-to-face"
meeting with a representative of this 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 (30) days.
If you attend a face-to-face meeting with this lender, or with a 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.
The name, address and telephone number of the Advanta Mortgage Corporation representative
is as follows:
Erin Stallmer
Advanta Mortgage Corporation
10790 Rancho Bemardo Road
San Diego, CA 92127
858-618-5141,.
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 this
lender immediately of your intentions.
Your mortgage is in default because you have 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
$1,632.58. That sum includes the following: principal and interest.
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 application must be filed or postmarked, within thirty (30) days of your face-to-face
meetinLy.
It Is extremely Important that you file your application promptly. If you do not do so, or if you
do not follow the other time periods set forth In this letter, foreclosure may proceed against your
home immediately.
Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the agency under the eligibility criteria established by the Act.
It is extremely important that our 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 proceeding will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by that Agency
of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office
Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call (717) 780-1869.
In addition you may receive another notice from this lender under Act 6 of 1974. That notice is
called a "Notice of Intention to Foreclose." You must read both notices, since they both explain
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 that assistance.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
'or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL B USED FOR THIS PURPOSE
Very truly yours,
TERRENCEJ.MCCABE
TJM/ddp
Ocllis". OF *Ile SI ,gIFF
OCT 75
1
3 ?9 Ptl 99
r:,.,, t
NE 11r,SrCVAHIA
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06478 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANKERS TRUST COMPANY OF CA
VS
SHEPHARD DONALD W ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
SHEPHARD DONALD W
, to wit:
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of JUNIATA County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On January 20th , 2000 , this office was in receipt of the
attached return from JUNIATA
Sheriff's Costs: So answers:
Docketing 18.00 i /?
Out of County 9.00
Surcharge 8.00 R/ Thomas Kline
Dep. Juniata Cc 24.20 Sheriff of Cumberland County
.00
59.20
01/20/2000
MCCABE, WEISBURG & CONWAY
Sworn and subscribed to before me
this 1 7 day of
2 uira A.D.
Prothonotary
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bankers Trust Company of California
VS.
Donald W. Shepherd, et. al.
Server Donald W. Shepherd
Now, 12/30/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Juniata
County to execute this Writ, this
deputation being made at the request and risk of the ewooegera4lelj4o P
Sheriff of Cumberland County, PA
Affidavit of Service
Now, January 12, 2000 ?A*(xxx , at 10:00 o'clock A. M. served the
within Reinstated Notice 6 Complaint in Mortgage Foreclosure
upon Donald W. Shephard
at RR 3, Box 2045, Port Royal, Juniata County, Pennsylvania
by handing to Carol Fry, live-in girlfriend and person of suitable age 6 discretion
a true and attested
and made known to
copy of the original Reinstated Notice 6 Complaint
the contents thereof.
So answers
CfY/'on '"o
t/? 41 0 C)
Sheriffof Juniata County, PA
N. Thomas Lyter
Sworn and gpj?scribed
me this day of,
COSTS
SERVICE S 18.00
119?lX? MILEAGE 4.20
AFFIDAVIT 2.00
HRI S. SWARNER 24.20
DFPVV P HONOTARY (iJ{ REFUND $ 50.80
MV ,xnisslon Expires
Fkt ?Monday in Jan 2004
No. 99-6478 Civil
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Donald W. Shephard
RR3, Box 2045
Port Royal, PA 17082
Bankers Trust Company of
California, N.A., As Custodian
or Trustee
V.
Donald W. Shephard and
Amy C. Shephard
NOTICE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6478 CIVIL
Pursuant to Rule 236, you are hereby notified that a JUDGMENT
has been entered in the above proceeding as indicated below.
Curtis R. Long
Prothonotary
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
Terrence J. McCabe, Esquire at (2151 790-1010.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
Bankers Trust Company of
California, N.A., As Custodian
or Trustee
V.
Donald W. Shephard and
Amy C. Shephard
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6478 CIVIL
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT
has been entered in the above proceeding as indicated below.
Curtis R. Long
Prothonotary
_x Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Bankers Trust Company of CUMBERLAND COUNTY
California, N.A., As Custodian COURT OF COMMON PLEAS
or Trustee
V.
Donald W. Shephard and NUMBER 99-6478 CIVIL
Amy C. Shephard
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and
against Defendant in the above-captioned matter for failure to
answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal $43,172.39
Interest from 10/16/99
2/18/00 $ 1.888.74
TOTAL $45,061.13
r ERRED NCE J. f cCABE, ESQUIRE
AND NOW, this o2a?NO` day of 7/ZLL?2? 2000,
Judgment is entered in favor of Plaintiff, Bankers Trust Company of -•
California, N.A., as Custodian or Trustee and against Defendants
a Y,
1.,
Donald W. Shephard and Amy C. Shephard and damages are assessed in
the amount of $45,061.13, plus interest and costs..
BY THE PROTHONOTARY: nx
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Bankers Trust Company of CUMBERLAND COUNTY
California, N.A., As Custodian COURT OF COMMON PLEAS
or Trustee
V.
Donald W. Shephard and NUMBER 99-6478 CIVIL
Amy C. Shephard
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF PHILADELPHIA
The undersigned, being duly sworn according to law, deposes
and says that the Defendants 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; and that the Defendant, Donald W.
Shephard is over eighteen (18) years of age, and resides at
RR3 Box 2045, Port Royal, PA 17082; and that the Defendant, Amy C.
Shephard is
over eighteen (18) years of age
, and resides at 3824 r ar
t.
Mountain View Road, Mechanicsburg, PA 17055.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS/S4" DAY /Irrti7.
r TERRENCE J. McCABE, ESQUIRE
OF rj, ,tU.(CL'2000. Attorney for Plaintiff
TRACY A. RIFF. NotW'
IN of Phlladelphls. PhIls
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Bankers Trust Company of CUMBERLAND COUNTY
California, N.A., As Custodian COURT OF COMMON PLEAS
or Trustee
V.
Donald W. Shephard and NUMBER 99-6478 CIVIL
Amy C. Shephard
CERTIFICATION
Terrence J. McCabe, Esquire, attorney for Plaintiff, being
duly sworn according to law, deposes and says that he deposited in
the United States Mail letters notifying the Defendants that
judgment would be entered against them within ten (10) days from
the date of said letters in accordance with Rule 237.5 of the
Pennsylvania Rules of Civil Procedure. Copies of said letter are
attached hereto and marked as Exhibit "A."
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ?0 ?rl DAY
i
OF 2000.
1
- ? '? ret 4
T RR ENCE McCABE, ESQUIRE
Attorney for Plaintiff
NOTARY PULIC
NOTARIAL SEAL
TRACY T RIFF. Notary Pubiic
CIry A P A. RIFFie phlle. County
a Ccmm'sslon Ex nee Oct 23. P000
The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies
that he is the attorney for the Plaintiff in the within action and
that he is authorized to make this verification and that the
foregoing facts are true and correct to the best of his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. Section 4909
relating to unsworn falsification to authorities.
?¢ I t. r 1 o'Ir (,I11P
`T aRRENCE J cCABE, ESQUIRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
LAWRENCE E. WELKER
Prothonotary
February 2, 2000
To: Donald W. Shephard
RR3, Box 2045
Port Royal, PA 17082
Bankers Trust Company of
California, N.A., As Custodian
or Trustee
V.
Donald W. Shephard
Amy C. Shephard
NOTICE,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6478 CIVIL
RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
You are in default because you have fatted 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:
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldls par
no haber presentado una comparecencle escrlta,
ya sea personalmente o par abogedo y par no
haber radicado par escrito can este Tribunal
sus defenses u objeclines a Los reclamos
formulados en contra suyo. Al no tamer to
acclon debldo dentro de diet (10) dies de to
fecha de ests notlfieaelon, at Tribunal poa,a,
sin necesldad de comparecer usted an torte u
air preuba alguna, dicter sentencla en su
contra y usted podria parder blenes u otros
derechos importantes. 0ebe Llevar esto
notlflcacion a ui abogado Itmedlatamente. S1
usted no tiene abogado, o it no Lien dlnero
suficlente para tat servicia, vaya an persona
o lleme par tolefono a to oficina, nombroda
pare averiguar at puede conseguir asistencla
legal.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240.6200
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240.6200
If you have any questions concerning this notice, please calls
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
at this telephone number: (215) 790-1010
TJM/tr
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
LAWRENCE E. WELKER
Prothonotary
February 2, 2000
To: Amy C. Shephard
3824 Mountain View Road
Mechanicsburg, PA 17055
Bankers Trust Company of CUMBERLAND COUNTY
California, N.A., As Custodian COURT OF COMMON PLEAS
or Trustee
V.
Donald W. Shephard NUMBER 99-6478 CIVIL
Amy C. Shephard
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
You are in default because you have felled 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:
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldfa por
no haber presentodo Line comparecencis escrita,
ya sea personalmente o par abogodo y por no
haber radicado por escrfto con este Tribunal
sus defensas u cbjecfones a los reclamos
formulados an contra suyo. Al no tomar Is
acefon debida dentro de dfez (10) dies do to
fecha de esta notification, el Tribunal podra,
sin necesfdad de comparecer usted en torte u
olr preuba alguns, dictar sentencfe an su
contra y usted podria perder bfenes u otros
derechos Importantes. Debe Never eats
notificacfon a un abogado imediatomente. Sf
usted no tlene abogedo, o at no tfene dinero
suficlente pare tat tervlcio, vaya an persona
o items por telefono a is oficina, nombrada
pare everiguar at puede conseguir asistencfa
legal.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240.6200
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240.6200
If you have any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
at this telephone number: (215) 790-1010
TJM/tr
t
ar-