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HomeMy WebLinkAbout06-0156 .. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T, PHELAN, ESQ" Id, No. 32227 FRANCIS S. HALLINAN, ESQ" Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SFJV 2004-1, LLC 3476 STATEVIEW BLVD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM C,-(.>.L~f/Z..~ v. NO, Ole, - ISle. CUMBERLAND COUNTY HENRY C. SHEPHERD JR, A/K/A HENRY SHEAPHERD A/K/A HENRY C SHEPERD A/KJA HENRY SHEPARD SANDRA A. SHEPHERD 206 YORK ROAD ENOLA, PA 17025 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 127283 .. . File #: 127283 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO W AU UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN ANI!:XTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE: LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. .. 1. Plaintiff is SFJV 2004-1, LLC 3476 STATEVIEW BLVD FORT MILL, SC 29715 2, The name(s) and last known addressees) of the Defendant(s) are: HENRY C. SHEPHERD JR. AfK/A HENRY SHEAPHERD A/K/A HENRY C SHEPERD A/K/A HENRY SHEPARD SANDRA A. SHEPHERD 206 YORK ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property her<einafter described. 3, On 06/0111998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EASTERN MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1459, Page: 524, By Assignment of Mortgage recorded 11117/2005 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No, 722, Page 2918. 4. The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, File #: 127283 6. The following amounts are due on the mortgage: Principal Balance Interest 04/0 I /2004 through 01/05/2006 (Per Diem $11.57) Attorney's Fees Cumulative Late Charges 06/01/1998 to 01/05/2006 Cost of Suit and Title Search Subtotal $61,981.43 7,462,65 1,250,00 232,28 $ 550.00 $ 71,476,36 Escrow Credit Deficit Subtotal TOTAL 0,00 2,738,02 $ 2,738,02 $ 74,214.38 7, The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency, 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 74,214.38, together with interest from 01/05/2006 at the rate of$11.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property, PHELAN HALLINAN & SCHMIEG, LLP ~ U.j:(-~?- ./: r;{l~' By: Is/Francis S, Hallinan LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 127283 LEGAL DESCRIPTION ALL THAT CERTAIN two lots ofland situate in the Township of East Pennsboro, Country of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO, I BEGINNING at a point on the southern line of York Street, two hundred twenty-nine and six hundred sixty one- thousandths (229,660) feet measured eastwardly along said southern line of York Street from the north east extremity of the arc or curve connecting the southern line of York Street with the eastern line of Altoona Avenue; THENCE continuing eastwardly along the southern line of York Street on a curve to the right having a mdius of five hundred fifty (550) feet forty-eight and ten one-hundredths (48.10) feet to a stake; THENCE along other lands of the Enola Sewerage Company, South nineteen (19) degrees thirty (30) minutes West one hundred forty-six/and/five one.hundredths (146.05) feet to a stake; THENCE by the same North seventy-two (72) degrees no (00) minutes forty-two (42) seconds West thirty-three and three one-hundredths (33.03) feet more or less to a stake; THENCE by lands now or late of George I. Fisher, North thirteen (13) degrees thirty-five (35) minutes twenty-nine (29) seconds East one hundred forty-six and eleven one- hundredths (146,11) feet to the stake at the place of BEGINNING. HA VING THEREON ERECTED a dwelling house known as No, 206 York Street. TRACT NO, 2 BEGINNING at a point in the southerly line ofY ork Street at the distance of one hundred forty-one feet and five hundred fifty-eight thousandths of a foot measured eastwardly along said line of street from the easterly extremity of the arc or curve having a radius often feet connecting the easterly line of Altoona Avenue with the said southerly line of York Street; extending THENCE eastwardly along the said line of street on a line curving toward the right with a radius of five hundred fifty feet, a distance of eighty eight feet and one hundred two thousandths of a foot; THENCE South thirteen degrees thirty-five minutes twenty-nine seconds West one hundred fifty-two feet and two hundred sixty-seven thousandths of a foot; THENCE North seventy-two degrees no minutes forty-two seconds West twenty-four feet and one hundred ninety-two thousandths of a foot; and THENCE North ten degrees twenty minutes West one hundred fifty-six feet and eight hundred forty-six thousandths of a foot to the Place of BEGINNING. BEING the same premises which Robert F. Roth and Nancy N. Roth, his wife, by deed dated May 10, 1983 and recorded in the Cumberland County Recorder of Deeds Office in Book E30, Page 574, grarlted and conveyed unto Robert F, Roth, Grantor herein, Caryn G. Rothjoins in this conveyance for the purpose of granting and conveying any and all interest which she has in the premises by being the wife of Robert F, Roth. File #: 127283 . VRRTFJecA TTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAfNTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. ~)kL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~~\o~ \ (2) (q. (;) ~ 7J ~ 1t- ~ <-, 0 c: c.-) * ,;:., -n c- c:."" - ~ :~;1 ~ f."._ hi~~ ~ ~ ..<..- " t:3 I ,) ~ ~:) f l E ?:-:: - -- - .. -+-- c":' .--z .:;,.. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00156 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SFJV 2004-1 LLC VS SHEPHERD HENRY C JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEPHERD HENRY C JR AKA SHEAP- HERD AKA SHEPERD AKA SHEPARD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SHEPHERD HENRY C JR AKA SHEAP- HERD AKA SHEPERD AKA SHEPARD 206 YORK ROAD ENOLA, PA 17025 206 YORK ROAD ENOLA IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 9.68 5.00 10.00 .00 42.68 S:~~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/26/2006 Sworn and subscribed to before me {? this day of J~ ~"'" l_D~ ~(J fl!i:tn- Pro onotary , SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00156 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SFJV 2004-1 LLC VS SHEPHERD HENRY C JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEPHERD SANDRA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SHEPHERD SANDRA A 206 YORK ROAD ENOLA, PA 17025 206 YORK ROAD ENOLA IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answe::s;. /',/ _._ ___ ~~;/~?" ~~.-. ( R. Thomas Kline Sheriff of Cumberland County // PHELAN HALLINAN SCHMIEG 01/26/2006 Sworn and subscribed to before me this 7 ~ day of j~ diT1'C" {.D., 212 'r/J~'ttjf/f 1 ... SHERIFF'S RETURN - REGULAR CASE NO: 2006-00156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SFJV 2004-1 LLC VS SHEPHERD HENRY C JR ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn,aqcording to law, says, the within COMPLAINT - MORT FORE was served upon SHEPHERD HENRY C JR AKA SHEAP- HERD AKA SHEPERD AKA SHEPARD the DEFENDANT , at 1943:00 HOURS, on the 19th day of January , 2006 at 1101 LINDHAM COURT APT 102 MECHANICSBURG, PA 17055 by handing to HENRY C SHEPHERD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 21.12 .00 10.00 .00 37.12 ~g~~L/~ R. Thomas Kline me this "1~ day of 01/26/2006 PHELAN HALLINAN SCHMIEG By' -1 --'7 ~ '7-A~ D ySe ff Sworn and Subscribed to before ]~'jJk~-;; AD, Prot a ,'- SHERIFF'S RETURN - REGULAR CASE NO: 2006-00156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SFJV 2004-1 LLC VS SHEPHERD HENRY C JR ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAPHERD SANDRA A the DEFENDANT , at 1913:00 HOURS, on the 25th day of January , 2006 APT 102 at 1101 LINDHAM COURT MECHANICSBURG, PA 17055 by handing to SANDRA SHEPHERD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~?~~;?7~~:':/~~' , -~,. ..~;~~.~:': ~- _e....r--I' '/ R. Thomas Kline me this 7~ day of 01/26/2006 "m~y~TM~:HiErt4 Deputy Sheriff Sworn and Subscribed to before 'A:1ff4 A.D. rotho rYfJ . . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SFJV 2004-1, LLC 3476 STA TEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-156 HENRY C. SHEPHERD JR. a/kla HENRY SHEAPHERD a/kla HENRY C. SHEPERD a/kla HENRY SHEPARD SANDRA A. SHEPHERD Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against HENRY C. SHEPHERD JR. a/kla HENRY SHEAPHERD alk/a HENRY C. SHEPERD alkla HENRY SHEPARD and SANDRA A. SHEPHERD, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1(6/06 to 2/24/06 TOTAL $74,214.38 $578.50 $74,792.88 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. tJl~JfJ DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. a . . 7 DATE~P~~ ...:y~~c::o.b W7..~ 7 PRO PROTHY -. /' ~ PHELAN HALLINAN AND SCHMIEG By: Lawrence T, Phelan, Esq" [d, No, 32227 Francis S, Hallinan, Esq" Id, No, 62695 Daniel G, Schmieg, Esq" Id, No, 62205 One Penn Center Plaza, Suite [400 Philadelphia, PA 19103 (215) 563-7000 SFJV 2004-!' LLC ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY HENRY C, SHEPHERD, JR" NKlA HENRY SHEAPHERD A1K1A HENRY C, SHEPERD NKlA HENRY SHEPARD SANDRA A. SHEPHERD Defendants : NO, 06-156-CIVIL TERM TO: HENRY C, SHEPHERD, JR" A1K1A HENRY SHEAPHERD AlKlA HENRY C, SHEPERD AlKlA HENRY SHEPARD 110] L1NDHAM COURT, APT. 102 MECHANICSBURG, PA 17055 DATE OF NOTICE: FEBRUARY 9.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE [N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGA[NST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LA WYER, TH[S OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENC[ES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 /~~1J ~~ FRANC[S S, HALLINAN, ESQUIRE Attorneys for Plaintiff . PHELAN HALLINAN AND SCHMIEG By: Lawrence '1', Phelan, Esg" Id, No, 32227 Francis S, Hallinan, Esg" Id, No, 62695 Daniel G, Schmieg, Esg" Id, No, 62205 One Penn Center Plaza, Suite 1400 Philadelphia. P A 19103 (2 J 5) 563-7000 SFJV 2004-1. LLC ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY HENRY C, SHEPHERD, JR, AlKlA HENRY SHEAPHERD A/KIA HENRY C. SHEPERD AlKlA HENRY SHEPARD SANDRA A SHEPHERD Defendants : NO, 06-1 56-CIVIL TERM TO: SANDRA A, SHEPHERD 1101 LINDHAM COURT, APT 102 MECHANICSBURG, PA 17055 DATE OF NOTICE: FEBRUARY 9, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9 J 08 -~-~1),1~ FRANCIS S, HALLINAN- ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 pmLADELPmA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SFJV 2004-1, LLC 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DMSION v. NO. 06-156 HENRY C. SHEPHERD JR. a/kla HENRY SHEAPHERD a/kla HENRY C. SHEPERD a/kla HENRY SHEPARD SANDRA A. SHEPHERD Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HENRY C. SHEPHERD JR. a/kla HENRY SHEAPHERD a/kla HENRY C. SHEPERD a/kla HENRY SHEPARD is over 18 years of age and resides at, 1101 LINDHAM COURT, APT. 102, MECHANICSBURG, PA 17055. (c) that defendant SANDRA A. SHEPHERD is over 18 years of age, and resides at , 1101 LINDHAM COURT, APT. 102, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ;fJ~Jj-4~' DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff G 7J D -log. ~ ~ + \t- C> - ~ , M ~ " :--} - .' -. ~ ""V -t:. r- r<::- ~ . ~ "-lJ llS ~ ~1- ~ ~ " Co'., \'"r\ ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SFJV 2004-1, LLC 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-156 HENRY C. SHEPHERD JR. aIkIa HENRY SHEAPHERD a/k/a HENRY C. SHEPERD a/k/a HENRY SHEPARD SANDRA A. SHEPHERD Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ')-.G,~,47 200t..,. (/ . .~ B~ / '109 1 If you have any questions concerning this matter, please contact: ,tf~Jj~~' DANIEL G. SCHMIEG, ESQU~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,"" (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SFJV 2004-1, LLC Plaintiff, v. No. 06-156 HENRY C. SHEPHERD JR. a1k/a HENRY SHEAPHERD a1k/a HENRY C. SHEPERD a1k/a HENRY SHEPARD SANDRA A. SHEPHERD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $74,792.88 Interest from 2/24/06 to JUNE 7, 2006 (per diem -$12.29) $1,265.87 and Costs TOTAL $76,058.75 f;~JIA~ DANIEL G. SCHMIEG, ES UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ....:$ OZ 00:: <"", "'";... ""'00, r:..Z Zz 0"," :itr:.. :it ~ O~ UZ ...;:l 00 ...U ~~ 8sa "'""'" =l:Q "':it Z;:l ....u u "'" "'" ~ ..... , ...,. o o .... ~ 00, ~ "'" r:.. ~ 00, o ;... ~~ ="'" ",= ~r:.. -.."'" "'= ~ ~v: "'"< ~~ ~~ 00,00, ~ Z "'" = ~ ~ ~ "'" = r:.. 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Vi <IJ V -B "'" < ~ ~ <IJ V .D ;>., '" 8 ~ ~ c. ~ $ ~E \.)- ::,.. .::r ~ "'-- --... :::z- ~~ 1 Ji ~ 3 ~ ~ ----J {B 0l WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-156 Civil CIVIL ACTION -- LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SFJV 2004-1, LLC Plaintiff (s) From Henry C. Shepherd, Jr. a/kla Henry Sheapherd a/kla Henry C. Sheperd a/kla Henry Shepard Sandra A. Shepherd (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $74,792.88 Interest from 2124/06 to ruNE 7, 2006 Arty's Corum % Atty Paid $198.80 Plaintiff Paid Date: February 27, 2006 1.1.$.50 (per diem-$12.29) $1,265.87 and Costs Due Prothy $1.00 Other Costs J<~ ~thonot~~L p ,71JJ24~~ Deputy (Seal) REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 Jobn F. Kennedy boulevard, Suite 1400 Pbiladelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: Supreme Court lD No, DESCRIPTION ALL THAT CERTAIN two lots of land situate in the Township of East Pennsboro, Country of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. I BEGINNING at a point on the southern line of York Street, two hundred twenty-nine and six hundred sixty one-thousandths (229.660) feet measured eastwardly along said southern line of York Street from the north east extremity of the arc or curve connecting the southern line of York Street with the eastern line of Altoona Avenue; THENCE continuing eastwardly along the southern line of York Street on a curve to the right having a radius of five hundred fifty (550) feet forty-eight and ten one-hundredths (48.10) feet to a stake; THENCE along other lands of the Enola Sewerage Company, South nineteen (19) degrees thirty (30) minutes West one hundred forty-six/and/five one-hundredths (146,05) feet to a stake; THENCE by the same North seventy- two (72) degrees no (00) minutes forty-two (42) seconds West thirty-three and three one- hundredths (33.03) feet more or less to a stake; THENCE by lands now or late of George I. Fisher, North thirteen (13) degrees thirty-five (35) minutes twenty-nine (29) seconds East one hundred forty-six and eleven one-hundredths (146.11) feet to the stake at the place of BEGINNING, HAVING THEREON ERECTED a dwelling house known as No. 206 York Street. TRACT NO.2 BEGINNING at a point in the southerly line of York Street at the distance of one hundred forty- one feet and five hundred fifty-eight thousandths of a foot measured eastwardly along said line of street from the easterly extremity of the arc or curve having a radius often feet connecting the easterly line of Altoona Avenue with the said southerly line of York Street; extending THENCE eastwardly along the said line of street on a line curving toward the right with a radius of five hundred fifty feet, a distance of eighty eight feet and one hundred two thousandths of a foot; THENCE South thirteen degrees thirty-five minutes twenty-nine seconds West one hundred fifty- two feet and two hundred sixty-seven thousandths of a foot; THENCE North seventy-two degrees no minutes forty-two seconds West twenty-four feet and one hundred ninety-two thousandths of a foot; and THENCE North ten degrees twenty minutes West one hundred fifty-six feet and eight hundred forty-six thousandths ofa foot to the Place of BEGINNING. BEING the same premises which Robert F. Roth and Nancy N. Roth, his wife, by deed dated May 10, 1983 and recorded in the Cumberland County Recorder of Deeds Office in Book E30, Page 574, granted and conveyed unto Robert F. Roth, Grantor herein. Caryn G. Roth joins in this conveyance for the purpose of granting and conveying any and all interest which she has in the premises by being the wife of Robert F, Roth. Being Parcel # 09-14-0332-252 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Henry C, Shepherd, Jr., and Sandra A. Shepherd, his wife, by Deed from Robert F. Roth and Caryn G, Roth, his wife, dated 08-22-90, recorded 08- 24-90 in Deed Book S34, page 1078. PREMISES BEING: 206 YORK ROAD, ENOLA, P A 17025 . "SFJV 2004-1, LLC CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS HENRY C. SHEPHERD JR. alkla HENRY SHEAPHERD alkla HENRY C. SHEPERD alkla HENRY SHEPARD SANDRA A. SHEPHERD CIVIL DIVISION NO. 06-156 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) SFJV 2004-1. LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .206 YORK ROAD. ENOLA. P A 17025 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HENRY C. SHEPHERD JR. alk/a HENRY SHEAPHERD alk/a HENRY C. SHEPERD alk/a HENRY SHEPARD 1101 LINDHAM COURT, APT. 102 MECHANICSBURG, PA 17055 SANDRA A. SHEPHERD 1101 LINDHAM COURT, APT. 102 MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOSCOV'S DEPARTMENT STORE, INC. P.O. BOX 4274 READING, PA 19606 P.O. BOX 157 CAMP HILL, PA 17011 KEYSTONE FUEL OIL . '. 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HARRIS SAVINGS BANK 17 W. HIGH STREET CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 206 YORK ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. February 24. 2006 DATE t5;~~J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff I .~'.~ -~~, ,\\ t'.,:, (.) -------- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No, 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SFJV 2004-1, LLC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION HENRY C. SHEPHERD JR. a/kla HENRY SHEAPHERD a/kla HENRY C. SHEPERD a/kla HENRY SHEPARD SANDRA A. SHEPHERD NO. 06-156 Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, ,fJ~P,.1i J~dRE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff OJ f SFJV 2004-1, LLC CUMBERLAND COUNTY Plaintiff, v. No. 06-156 HENRY C. SHEPHERD JR. a/kla HENRY SHEAPHERD a/kla HENRY C. SHEPERD a/kla HENRY SHEPARD SANDRA A. SHEPHERD Defendant(s). February 24, 2006 TO: HENRY C. SHEPHERD JR. a/kla HENRY SHEAPHERD a/kla HENRY C. SHEPERD a/kla HENRY SHEPARD 1101 LlNDHAM COURT, APT. 102 MECHAN1CSBURG, PA 17055 SANDRA A. SHEPHERD 1101 LINDHAM COURT, APT. 102 MECHANICSBURG, P A 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE, IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 206 YORK ROAD. ENOLA. PA 17025. is scheduled to be sold at the Sheriff's Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74.792.88 obtained by SFJV 2004-1. LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P" Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN two lots ofland situate in the Township of East Pennsboro, Country of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point on the southern line of York Street, two hundred twenty-nine and six hundred sixty one-thousandths (229.660) feet measured eastwardly along said southern line of York Street from the north east extremity of the arc or curve connecting the southern line of York Street with the eastern line of A1toona Avenue; THENCE continuing eastwardly along the southern line ofY ork Street on a curve to the right having a radius of five hundred fifty (550) feet forty-eight and ten one-hundredths (48,10) feet to a stake; THENCE along other lands of the Enola Sewerage Company, South nineteen (19) degrees thirty (30) minutes West one hundred forty-six/andlfive one-hundredths (146.05) feet to a stake; THENCE by the same North seventy- two (72) degrees no (00) minutes forty-two (42) seconds West thirty-three and three one- hundredths (33.03) feet more or less to a stake; THENCE by lands now or late of George I. Fisher, North thirteen (13) degrees thirty-five (35) minutes twenty-nine (29) seconds East one hundred forty-six and eleven one-hundredths (146.11) feet to the stake at the place of BEGINNING, HAVING THEREON ERECTED a dwelling house known as No. 206 York Street. TRACT NO.2 BEGINNING at a point in the southerly line of York Street at the distance of one hundred forty- one feet and five hundred fifty-eight thousandths of a foot measured eastwardly along said line of street from the easterly extremity of the arc or curve having a radius of ten feet connecting the easterly line of Altoona Avenue with the said southerly line of York Street; extending THENCE eastwardly along the said line of street on a line curving toward the right with a radius of five hundred fifty feet, a distance of eighty eight feet and one hundred two thousandths of a foot; THENCE South thirteen degrees thirty-five minutes twenty-nine seconds West one hundred fifty- two feet and two hundred sixty-seven thousandths of a foot; THENCE North seventy-two degrees no minutes forty-two seconds West twenty-four feet and one hundred ninety-two thousandths ofa foot; and THENCE North ten degrees twenty minutes West one hundred fifty-six feet and eight hundred forty-six thousandths of a foot to the Place of BEGINNING. BEING the same premises which Robert F. Roth and Nancy N. Roth, his wife, by deed dated May 10, 1983 and recorded in the Cumberland County Recorder of Deeds Office in Book E30, Page 574, granted and conveyed unto Robert F. Roth, Grantor herein. Caryn G. Roth joins in this conveyance for the purpose of granting and conveying any and all interest which she has in the premises by being the wife of Robert F, Roth. Being Parcel # 09-14-0332-252 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Henry C. Shepherd, Jr., and Sandra A. Shepherd, his wife, by Deed from Robert F. Roth and Caryn G. Roth, his wife, dated 08-22-90, recorded 08- 24-90 in Deed Book S34, page 1078. PREMISES BEING: 206 YORK ROAD, ENOLA, P A 17025 .-...::i :-:)_. ,..,', '-':~I (,) , -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SFJV-2004-1, LLC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION HENRY C. SHEPHERD JR. A!KIA HENRY SHEAPHERD A!KIA HENRY C. SHEPERD A/KJA HENRY SHEPARD AND SANDRA A. SHEPHERD Defendant(s). NO. 06-156 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for SFJV-2004-1, LLC hereby verifies that on FEBRUARY 27, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s) and any known interested party. ~~~~ D L G. SCHMIEG, ESQUIRE) Attorney for Plaintiff Date: JULY 25,2006 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the olaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ,.i ~. :s!Ql liE. .- .- .- .- .- r' o>~ "z VI ~ W .- N .- 0 \0 00 ....... 0\ er ....c.a if VI ~ W N .- f:I.lc. CD ~ ... ~ ll:Io 1:1 ~ a; '<.... i'flJl:I J ~ ... c. ci" CD z c 3 C" CD ., ::<Io-! I ll~ ~ f;i tXI ~ () 0 "'C.......~"'C !, z 0 ~ ~ . e:e ~ 0<: rn ~ --.JCll rn () ~ 0 ~ "'C~ 0 ~ 0 .... CllO'g~ 20 rn <: 0 rn >- -g:g- - .... rn :j ... ~~ rn ! ... i ~ en 0 () i s' "Y1 () ~ g a "rj 0 () ~ 1= ~ . 9 ~ ~ ~ "'C~..... CIJ >gq~ 0 ~ ~ f rn tXI 0 :j r ::OCll~2! . o%cn~ ~ ~ J= 3:: ~ ~ " ... w s:: ~ ~ "lI Itc~ ~ "tl N "tl rn ! ....... 0 P:o 9 0 ~ ~ 0 ~E..O"'cn 12' .- 0\ ....... tXI rn <5 a ~Cll~() f~ I ~ d ~ g ~~cn~ ~ >- ~ ts ... Oo..S" ~~ e; ~~ ... ~ ~ c", if .- j i ~ VI ~ "Ccng i rn ~....... ~~ ~ ::=s:: 9 ~ rn ~ ~~ ~~' r' 0 ~ "tl ~- ~ .... ~ 0 ~ . i 9 o ;c ~ ~~ tTl () l"'1o ~ 0 i j: tXI ~ .~ t""' ~ 0 s:: r ~ ~ ~ rn "tl ~ ~ > N "'tI ~"'''!fRl .- ....... .- 3: m rn ~~ ....... .- 8&~ J;; ....... 0 w OJ fn~a ~ 0 ~ N 0 ~ ~ .- VI ;:!! Iriil ~ .- "rj iJHI ~ ~ 0 .- Z tTl 'l> 0=0 ....... ~ N "'""0= rn 0 9 ~ ~t.if~ ~ .- ~~ w "tl [- ~ > 'J '.~ Ii ~ .- ,f~ 'a r;;' \0 "tl ~ fill a:.! 0\ 0 ~~li' 0 tXI ~~ g[ ~ 0\ ~ rn 8~~jg ; 9 N (II .. ~ N yo. fZ= 0\ ~~R1lr ....... ~VI ~o-i d I.,g. 0<: ~ g ca. S rn [Iii I ..... rn rn il ~ ~ tXI J;; _. g'" ~~ - o' 5~' il ~ -lljii !. a. - ca. ~ .- :~~! ....... s: 0 .- .- d"." iil Q. w iilfi 0 ....... .- 0 If= g'~ VI 5 ~If" ~ ~i I ~, ~~ . .~~~ .. if r;;' . Q ft~~ . . r ~ :----- I g'fi.~j. :J .......~ , ----AfflEV~S 3:i8~ . . ggO~~09825 ~Eq1.900 ~ l~ 3: _. ... S "'1i!.li' . MAILED FROM ZIPCOD~7 2006 !. II 1t 1 9 103 ....~ \, r-..:, 1-:;' r~. ) r..... " 1 In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-156 Civil Term SFJV 2004-1, LLC VS Henry C. Shepherd, Jr. alk/a Henry Sheapherd alk/a Henry C. Sheperd alk/a Henry Shepard and Sandra A, Shepherd R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Postpone Sale Certified Mail Mileage Share of Bills Patriot News Law Journal 30.00 40.00 1.00 .50 25.56 15.00 15.00 15.00 20.00 .98 23.76 19.57 420.20 677.00 $1,303.57 j/' ~/)-I/()~ ~ s<~~ R. Thomas Kline, Sheriff \ .~u <:Jt5' j 'f J D ~ Jf1:t 03 t~ SFJV 2004-1, LLC r CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS HENRY C. SHEPHERD JR. aIkIa HENRY SHEAPHERD aIkIa HENRY C. SHEPERD aIkIa HENRY SHEPARD SANDRA A. SHEPHERD CIVIL DMSION NO. 06-156 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) SFJV 2004-1. LLC. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .206 YORK ROAD. ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HENRY C. SHEPHERD JR. a/k/a HENRY SHEAPHERD a1k1a HENRY C. SHEPERD a/k/a HENRY SHEPARD 1101 LINDHAM COURT, APT. 102 MECHANICSBURG, P A 17055 SANDRA A. SHEPHERD 1101 LINDHAM COURT, APT. 102 MECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOSCOV'S DEPARTMENT STORE, INC. P.O. BOX 4274 READING, PA 19606 KEYSTONE FUEL OIL P.O. BOX 157 CAMP HILL, P A 17011 (, 4. Name and address of last recorded hold<!r of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HARRIS SAVINGS BANK 17 W. HIGH STREET CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 206 YORK ROAD ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 24. 2006 DATE tJ~Jij?~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff , SFJV 2004-1, LLC CUMBERLAND COUNTY Plaintiff, v. No. 06-156 HENRY C. SHEPHERD JR. aIkIa HENRY SHEAPHERD aIkIa HENRY C. SHEPERD aIkIa HENRY SHEPARD SANDRA A. SHEPHERD Defendant(s). February 24, 2006 TO: HENRY C. SHEPHERD JR. aIkIa HENRY SHEAPHERD aIkIa HENRY C. SHEPERD aIkIa HENRY SHEPARD 1101 LINDHAM COURT, APT. 102 MECHANICSBURG, P A 17055 SANDRA A. SHEPHERD 1101 LINDHAM COURT, APT. 102 MECHANICSBURG, P A 17055 **lliIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND lliIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOUW NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 206 YORK ROAD. ENOLA. P A 17025. is scheduled to be sold at the Sheriffs Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $74.792.88 obtained by SFJV 2004-1. LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIllS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 ~ DESCRIPTION ALL TIlAT CERTAIN two lots ofland situate in the Township of East Pennsboro, Country of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO.1 BEGINNING at a point on the southern line of York Street, two hundred twenty-nine and six hundred sixty one-thousandths (229.660) feet measured eastwardly along said southern line of York Street from the north east extremity of the arc or curve connecting the southern line of York Street with the eastern line of Altoona Avenue; TIIENCE continuing eastwardly along the southern line of York Street on a curve to the right having a radius offive hundred fifty (550) feet forty-eight and ten one-hundredths (48.10) feet to a stake; TIIENCE along other lands of the Enola Sewerage Company, South nineteen (19) degrees thirty (30) minutes West one hundred forty-six/andlfive one-hundredths (146.05) feet to a stake; THENCE by the same North seventy- two (72) degrees no (00) minutes forty-two (42) seconds West thirty-three and three one- hundredths (33.03) feet more or less to a stake; TIIENCE by lands now or late of George 1. Fisher. North thirteen (13) degrees thirty-five (35) minutes twenty-nine (29) seconds East one hundred forty-six and eleven one-hundredths (146.11) feet to the stake at the place of BEGINNING. HAVING THEREON ERECfED a dwelling house known as No. 206 York Street. TRACT NO.2 BEGINNING at a point in the southerly line of York Street at the distance of one hundred forty- one feet and five hundred fifty-eight thousandths of a foot measured eastwardly along said line of street from the easterly extremity of the arc or curve having a radius of ten feet connecting the easterly line of Altoona Avenue with the said southerly line of York Street; extending THENCE eastwardly along the said line of street on a line curving toward the right with a radius of five hundred fifty feet, a distance of eighty eight feet and one hundred two thousandths of a foot; THENCE South thirteen degrees thirty-five minutes twenty-nine seconds West one hundred fifty- two feet and two hundred sixty-seven thousandths of a foot; THENCE North seventy-two degrees no minutes forty-two seconds West twenty-four feet and one hundred ninety-two thousandths of a foot; and THENCE North ten degrees twenty minutes West one hundred fifty-six feet and eight hundred forty-six thousandths of a foot to the Place of BEGINNING. BEING the same premises which Robert F. Roth and Nancy N. Roth, his wife, by deed dated May 10, 1983 and recorded in the Cumberland County Recorder of Deeds Office in Book E30. Page 574, granted and conveyed unto Robert F. Roth, Grantor herein. Caryn G. Roth joins in this conveyance for the purpose of granting and conveying any and all interest which she has in the premises by being the wife of Robert F. Roth. Being Parcel # 09-14-0332-252 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Henry C. Shepherd, Jr., and Sandra A. Shepherd, his wife, by Deed from Robert F. Roth and Caryn G. Roth, his wife, dated 08-22-90, recorded 08- 24-90 in Deed Book S34, page 1078. PREMISES BEING: 206 YORK ROAD, ENOLA, P A 17025 WRIT OF EXECUTION ltnd/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA). COUNTY OF CUMBERLAND) NO 06-156 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SFJV 2004-1, LLC Plaintiff (s) From Henry C. Shepherd, Jr. a/k/a Henry Sheapherd a/k/a Henry C. Sheperd a/k/a Henry Shepard Sandra A. Shepherd (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,792.88 Interest from 2/24/06 to JUNE 7, 2006 Arty's Corom % Atty Paid $198.80 Plaintiff Paid Date: February 27, 2006 L.L.$.50 (per diem-$12.29) $1,265.87 and Costs Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: Supreme Court ID No. Real Estate Sale # 74 On March 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 206 York Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. .~ ..~ t:::::3 ~ ~ fe3 Date: March 06, 2006 By: J0k,k-f[, Re~Es4te Sergeant 011 :01 'V l- HVW qUOl \id 'AliiIIUJ UNVI.J38W03 .::l.:lIH3HS 3Hl .::i0 3::11.:1.:10 ~ . ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #74 NOT PUBLIC My commission expires June 6, 2006 , CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ........ uu.... 74 Wr1t,. 2OIJ&.1S8CMTamI SFJV 2004-1 LLe vs ~=~ Sheperd....Henry Sheperd 8IId A=~t.~ DFJSCRlPTION AIL 1HAT CElUAIN two 101$ ellaod silIIaIe in the Towuship el. East Peunsboro, COunty of ~ and State el PelmsyIvauia, _ ~ bouDded and described as follows, to WIt: 'lRAcrNOl BEGINNING at a point 011 1he. ~ !iDe OrYOIk Street, two 1Dmdred.~ nme and six hundred . sixty oue-~ (229.6fiO) feet JDeaS11ted Eastwady aIIliIg.illllill SoodIem line of YOIt St=t limn die NCIlh But ellmDity el die ap; Of. curve. ~-,!Ilc SoudrauJine dYOIk __..,~ el Altooua~; mrp COOIiJ!uiag ~ along die SoUdlem Iiile of Yut~o.a _ '--sixlaudIfive ~ (1 I .-ke; lbence by ~same Nor1h (7Z) degrees no (00) minutes forty seconds West tbirty-tbree and three 0De- hlU)dredlbs (33 D3) feet _ or less to a stake; thence by lands now Of late of George I.Fi*r, North thirteen (13) degrees 1hirty-five (35) minutes tweaty_ (29) secoods East. OIl!' hundRd furty-six and e1ev~ one-hundredibs (146.11) feet to the stake at "die plate of BJiGINNING. HAVING THEREON erected a dwelling boose known as No. 2CJ(j YOlk Street. 'lRAcrNO.2 BEGINNlNG llt a point in die Soutberly IiDe el Yod:: Street llt the distance of ODe Jnmdred fafty- one feet and five IIJndred fifty-eigllt tI100salIdlhs 01' a foot measured Eastwanlly abJg said line el Street from die ~,e11remity el the ,aa: Of curve having a ~ of ten feet CXIIIIItdiDg die Easterly line el ~ Aveone with die said Sontbedy !iDe of.Yod:: ~ extending theuce Eastwardly aloog'the said !iDe el sleet 011 lli8e . curving lOW8ld die rigbt witb a radius el' five hundRd fifty feet. a distance el eig/Ity eigbi'feet and ODe hnndaed two tbonsandlhs. el a foQt;. ~ Soutb thirreen deps 1hirty-iive nJiiIntes~- _ secoods W. one hundnld fifly-two feet., two bundred sixty-seven thousandths ela foot; thence Nor1h seventy-two degrees 00 ~ fOrty-two secoods W~ tlfenty-fQJ f~,~\~ bundred aiDely-two ~ ell focIiailll 1lJence North fa! deps twtllty ~ \Vest ODe. Jnmdred fift)'-six fell! lIIdei(lll.~ . t/loosandIIJsQf I (<<iuG.'" of .. BEING die same pIelIIilIes wbicll Rollrlt lIIld l'l*Y N.IIa!k,hiswife, by.dee4 10, 1983 andmx.ded in die ..., " ~ elDeeds Oftice in Boot mo, grlIIItell. 8IId ~_'R/lIleIt P.... Grantor .... Caryil9..lhlth ~.ilti~ COIIV~ . filo "'.plIlpOllC Of ........'a. . . . ........a1l~Midi....~.... .."-........."...... cooveymg any..... '. "'""'-. ..' . . IKeJDises by beiIig die ~ ofhliel'tF.R&6, BBlNGPABOlL'~4-0332-2S2 mum SI\D) ~ is vesIellil.Balry C. Shl\pIIenI, fr., and Sandra A. s~. .. wife, by Deed from Rollrlt F. Rotb and ClljnG. Rolb, his wife, dlIled08l22l9O; I!iCOIded CIllI1.4IW inDeedBld:S34,pII8e 107& PREMISES BEING: 2CJ(j Yed Road,PDoIa,PA 17025 . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: i\priI7,14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. :2 SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 NOT AR L SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5. 2009 .REAL ESTATE SALE NO. 74 - Writ No. 2006-156 Civil SFJV 2004-1 LLC H Vs. H enry C. Shepherd Jr. a/k/a ~~ Sheapherd a/k/a Herny C eperd a/k/ a HenMT Sh . and S - oJ epard andra A. Shepherd Atty.: Daniel Schmieg DESCRIPTION ALL 1HAT CERT land situate in th T AIN two lots of Pennsboro Co e ownship of East and State' of ~ntry of Cumberland Particularly bo ennsylvania, more as follows, to ~~~ed and described TRACT NO. 1 BEGINNING at southern line of ~ a tOint on the hundred twenty_ninor Street, two dred sixt e and six hun- (229.660) f~ one-thousandths I measured eastwardl ~:~~ ~~~ :;:uthern line of Yor~ ity of the e north east extrem- the Southe~~~; o~~:~ ~~~lDecting the eastern 1" eet with THENCE me of AItoona Avenue' along the SOC;:~~~ ~~ng eas twardl; on a CUIVe to the righme ofY~rk Street dius of fiv h t haVlng a ra- forty-eight ean~dred fifty (550) feet (48.10) feet to :n ~n~-hundredths along other lands o~ ~ e; THENCE erage Company South e Enola Sew- degrees thirty' (30) nineteen (19) one hundred 1i rty minutes West h 0 -six/and/five one- TH~~~~/~~~'~~ feet to a stake; enty-two (72) d me North sev- utes forty-two efees no (00) min- thirty-three an~ ~~ seconds West dredths (33.03) feet ree one-hun_ a stake; TIfENCE b ~ore or less to late of George I Fi ~ ands now or teen (3) d . s er, North thir- minutes twe;;;;~~nthirty-fjve (35) East one hu d e (29) seconds n red fo t . eleven one-hundredth r y-S1X and to the stake at th s (I 46.11) feet NING. e place of BEGIN- HAVING TIfERE dwelling house ON ERECTED a York Street. known as No. 206 -.'..........--q'.-------, TRACI' NO. 2 BEGINNING at a point in the southerly line of York Street at the distance of one hundred forty-one feet and fIve hundred fifty-eight thou- sandths of a foot measured east- wardly along said line of street from the easterly extremity of the arc or curve having a radius of ten feet connecting the easterly line of Altoona Avenue with the said south- erly line of York Street; extending THENCE eastwardly along the said line of street on a line curv1ng to- ward the right with a radius of five hundred fifty feet, a distance of eighty eight feet and one hundred two thousandths of a foot: THENCE South thirteen degrees thirty-five minutes twenty-nine seconds West one hundred fJfty-two feet and two hundred sixty-seven thousandths of a foot; THENCE North seventy-two degrees no minutes forty-two sec- onds West twenty-four feet and one hundred ninety-two thousandths of a foot; and THENCE North ten de- grees twenty minutes West one hun- dred fifty-six feet and eight hundred forty-six thousandths of a foot to the Place of BEGINNING. BEING the same premises which Robert F. Roth and Nancy N. Roth, his wife, by deed dated May 10, 1983 and recorded in the Cumberland County Recorder of Deeds Office in Book E30, Page 574, granted and conveyed unto Robert F. Roth, Grantor herein. Caryn G. Roth joins in this convey- ance for the purpose of granting and conveying any and all interest which she has in the premises by being the wife of Robert F. Roth. Being Parcel # 09-14-0332-252 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Henry C. Shepherd, Jr., and Sandra A. Shepherd, his wife, by Deed from Robert F. Roth and Caryn G. Roth, his wife. dated 08- 22-90, recorded 08-24-90 in Deed Book S34, page 1078. PREMISES BEING: 206 YORK ROAD, ENOlA. PA 17025