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Home My WebLink About10-5710r%c S-?7v r ? ?'t',JT?1"11 Our File No.: 268526 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, VS. MARILYN ALEXANDER 235 MARION AVE CARLISLE, PA 17013-1139 Defendant. t, .. N ; 110- S4 n 1 P?? COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ID - EY710 &-wil"Term NOTICE You have been sued in court. If you wish to defend against the claims set forth iii 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 defense 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 YOB DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET+I=FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE SABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SER'V'ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 P0 A7" ?? a?I?7d8 Our File No.: 268526 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Plaintiff, VS. MARILYN ALEXANDER 235 MARION AVE CARLISLE, PA 17013-1139 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500„ GREENVILLE, SC 29601 2. Defendant(s) is/are MARILYN ALEXANDER, an adult individual resitting at 235 MARION AVE CARLISLE, PA 17013-1139. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 9769; and said account was issued to Defendant(s) by CREDIT ONE BANK, NA, the Oi iginal creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $1,13887. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit' "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,138.87 and requests this Court award costs to the extent permitted by applicable law APOTHAKER & AS IATES, P.C. Attorney f r /a ntiff A Law Firm Enpa d Debt Colleetioi Dated: 8/24/2010 BY: David J. Akothaker, Esquire Our File No.: 268526 VERIFICATION David J. Apothaker, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the' statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unkvom falsification to authoAties. David J. Apc Attorney DATE: 8/24/2010 LVNV FUNDING, LLC MARILYN ALEXANDER 235 MARION AVE CARLISLE, PA 17013-1139 STATEMENT OF ACCOUNT Debtor's Name: MARILYN ALEXANDER Account Number: ending in 9769 Original Creditor: CREDIT ONE BANK, NA Balance Due: $1,138.87 Our File No.: 268526 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FlLEt_}-C'`rIC~ ;~ Jody S Smith Chief Deputy Richard W Stewart Solicitor LVNV Funding, LLC vs. Marilyn Alexander r~:P 15 ~~ 8~ 53 PG"Ji~~ i ~Y~i~ YV'~ Case Number 2010-5710 SHERIFF'S RETURN OF SERVICE 09/10/2010 08:15 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 10, 2010 at 2015 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marilyn Alexander, by making known unto Steve Alexander, Husband of defendant at 235 Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 September 13, 2010 DENN FRY, D SO ANSWERS, c~-~ ---~'-- RON R ANDERSON, SHERIFF r. t_ Our file No.: 268526 APOTHAKER & ASSOCI, 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800}672-0215 Attorneys for Plaintiff Attorney ID# 307949 LVNV FUNDING, LLC 7'sl~ i~~?~l ~~#~~OT RTES, P.C.~OlO OCR -- l ~~~ ~' C111~QER~.A~.DrC ~'E~1~5`~ LEA Plaintiff, vs. MARILYN ALEXANDER Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on September 17, 2010, STIPULATED by and between Plaintiff, LVNV FUNDING, LLC, and Defendant, MARILYN ALEXANDER parties as follows: 1. Defendant agrees to pay the sum of $1,334.89, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. As of this date, payments totaling $400.00 have been applied to the amount of $1,334.89, and the amount due and owing as of September 17, 2010 is $934.89. 3. The sum aforesaid of $934.89 shall be paid by the by Defendant, MARILYN ALEXANDER, to the attorneys for Plaintiff in the following manner: a. $400.00 to be paid on or before October 1, 2010. All checks are to made payable to LVNV FUNDING, LLC, and sent to: ~~c~c\ e Tf SfP24pOl0~lUl1 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-5710 CIVIL TERM Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 4. In the event Defendant, MARILYN ALEXANDER makes all payments as stated above, this account will marked satisfied when MARILYN ALEXANDER pays $800.00. 5. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex pane, in the sum of $1,334.89, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 6. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex pane application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to MARILYN ALEXANDER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firp~n~a~ed iu'l~bt Collection By: vallaro, Esquire -Otii File No.: 268526 APOTHAKER & ASSOCIATES, P.C. By: Benjamin ~. Cavallaro, Esquire Attorney I.D.# 307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC vs. ~iii,,.~i 1 115+N'IY~~~~~ Z~~~ OCT ~ I P 1 ~ ~ g CiJ~t$E~L~l~D CDUA~Ty~ ~'E~PdSYL1~fi~~fA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff NO.: 10-5710 CIVIL TERM MARILYN ALEXANDER Civil Action Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint in the above referenced matter. Date: E DER, Defendant Address: 235 MARION AVE CARLISLE, PA 17013-1139 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, ) Plaintiff ) Vs. ) RONALD J. FORRY, JR. and PATRICIA ) B. FORRY, a/k/a PATRICIA FORRY ) Husband and Wife, ) Defendants ) Confessed Judgment Other - Mortgage Foreclosure File No. 11-5710 Civil Term Amount Due: $145,445.36 Interest ($25.41/day): $ 4,827.90 Atty Comm: Costs: PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: -rl Cc n? x, ?n r-.. y? r- . C-° C-3 rv rv - r, !_j Kindly issue Writ of Execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the Defendant(s) 905 Chester Road Enola Cumberland Count PA. GROSS MCGINLEY LLP Date: -ZU 2 !/ -r n _ Thomas A. Capehart, Esquire Attorney for Plaintiff ? Attorney I. D. #57440 G) 4 't m PO ArT-t 33 S. 71h Street, PO Box 4060 o - Do CBF Allentown, PA 18105-4060 (610) 820-5450 4a. 00 14. oo 11.50 ?? 147.50 -Po MY •50 LL Cll 3??0(0 RE Wrif •ds coed ij IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, Plaintiff VS. RONALD J. FORRY, JR. and PATRICIA B. FORRY a/k/a PATRICIA FORRY, Husband and Wife, Defendants NO. 11-5710-Civil`' u ) t f`? ---i `? ? r N) ' 'U . ? MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 905 Chester Road, Enola, Cumberland County, Pennsylvania and more particularly described in Exhibit "A" attached hereto: 1. The names and last known address of the Owners or Reputed Owners of the Property is: Ronald J. Forry, Jr., and Patricia B. Forry a/k/a Patricia Forry, 905 Chester Road, Enola, Pennsylvania 17025. 2. The name and last known address of the Defendants in the judgment is: Ronald J. Forry, Jr., and Patricia B. Forry a/k/a Patricia Forry, 905 Chester Road, Enola, Pennsylvania 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold is: a) Sovereign Bank, 601 Penn Street, Reading, Pennsylvania 19601; $145,445.36; dated 08/31/11; No. 11-5710-Civil, Cumberland County records. b) Pennsylvania Department of Revenue, Bureau of Compliance, Lien Section, PO Box 280948, Harrisburg, PA17128-0948; $2,221.56; dated 04/4/11; No. 2011-4198 Civil, Cumberland County records. 4. The names and last known addresses of the last recorded holders of every mortgage of record are: a) Sovereign Bank, 601 Penn Street Readin B k C Pennsylvania 19601; $145,000.00; recorded 3/13/06;IMortgage Book Volume,1943, Page 975. 5. There are no other known persons who have any record lien on the property. 6. The name and address of any other persons who have a record interest in the property and whose interest may be affected by the sale: a) Cumberland County Tax Claim Bureau, 1 Courthouse Square, Room 106, Carlisle, PA 17013. b) Cumberland County Domestic Relations 13 N. Hanover Street, P.O. Box 320, Carlisle, PA 17013. 7. There are no other persons who have any interest in the property which may be affected by the sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. GROSS MCGINLEY LLP Dated: f Thomas A. Capehart, squire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 or All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded and described in accordance with a final subdivision and land development plan for George Sullenberger, Jr., as recorded in Plan Book 77, page 20, as follows: Beginning at a point located on the westerly side of Chester Road and at the dividing line of Lot No. 2 and Lot No. 3 on the above mentioned plan; thence continuing along the western side of Chester Road South 22 degrees 40 minutes 00 seconds East a distance of 110.01 feet to a point at the dividing line of Lot No. 3 and Lot No. 4 on the above mentioned plan; thence continuing along said dividing line the three (3) following courses and distances: (1) South 67 degrees 20 minutes 00 seconds West a distance of 34.79 feet to a point (2) North 77 degrees 40 minutes 58 seconds West a distance of 91.97 feet to a point and (3) North 22 degrees 23 minutes 27 seconds West a distance of 58.56 feet to a point located on the dividing line of Lot 2 and Lot 3 on the above mentioned plan of lots; thence continuing along said dividing line North (erroneously described on Plan as South) 68 degrees 00 minutes 00 seconds East a distance of 109.98 feet to the first mentioned point and place of Beginning. Being Lot No. 3 of Plan Book 77, page 20, abovementioned. BEING THE SAME PREMISES WHICH George F. Sullenberger, Jr., and Ellen M. Sullenberger, his wife, by Deed dated September 26, 2000 and recorded on October 2, 2000 in the Office for the Recording of Deeds in and for the County of Cumberland at Deed Book Volume 229, page 1111, granted and conveyed unto Ronald J. Forry, Jr. and Patricia Forry, husband and wife, their heirs and assigns. EXHIBIT "N' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, Plaintiff Vs. RONALD J. FORRY, JR. and PATRICIA B. FORRY a/k/a PATRICIA FORRY, Husband and Wife, Defendants NO. 11-5710-Civil -' -- CU -- cD r? :z- [:I MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. R C P $129 TO: Ronald J. Forry, Jr. 905 Chester Road Enola, PA 17025 Patricia B. Forry, a/k/a Patricia Forry 905 Chester Road Enola, PA 17025 Your real estate located at 905 Chester Road, Enola, East Pennsboro Township, Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on March 7, 2012 at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA to enforce the court judgment of $145,445.36, plus interest from August 30, 2011 and costs of this proceeding, obtained by SOVEREIGN BANK. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A. Capehart, Esquire, the entire judgment amount, accrued interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 820-5450. 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 Three 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 (610) 820-5450. 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 (610) 820-5450. 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 a 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 will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your real estate 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717)240-6200 GROSS MCGINLEY LLP Dated: 1 F By: Thomas 4A. Capeha4ts uir e Attorney for Plaintiff I. D. No. 57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18195-1014 All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded and described in accordance with a final subdivision and land development plan for George Sullenberger, Jr., as recorded in Plan Book 77, page 20, as follows: Beginning at a point located on the westerly side of Chester Road and at the dividing line of Lot No. 2 and Lot No. 3 on the above mentioned plan; thence continuing along the western side of Chester Road South 22 degrees 40 minutes 00 seconds East a distance of 110. feet to a point at the dividing line of Lot No. 3 and Lot No. 4 on the above mentioned plan; thence continuing along said dividing line the three (3) following courses and distances: (1) South 67 degrees 20 minutes 00 seconds West a distance of 34.79 feet to a point (2) North 77 degrees 40 minutes 58 seconds West a distance of 91.97 feet to a point and (3) North 22 degrees 23 minutes 27 seconds West a distance of 58.56 feet to a point located on the dividing line of Lot 2 and Lot 3 on the above mentioned plan of lots; thence continuing along said dividing line North (erroneously described on Plan as South) 68 degrees 00 minutes 00 seconds East a distance of 109.98 feet to the first mentioned point and place of Beginning. Being Lot No. 3 of Plan Book 77, page 20, abovementioned. BEING THE SAME PREMISES WHICH George F. Sullenberger, Jr., and Ellen M. Sullenberger, his wife, by Deed dated September 26, 2000 and recorded on October 2, 2000 in the Office for the Recording of Deeds in and for the County of Cumberland at Deed Book Volume 229, page 1111, granted and conveyed unto Ronald J. Fo Patricia Fo Forry, Jr. and Forry, husband and wife, their heirs and assigns. EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5710 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From RONALD J. FORRY, JR. and PATRICIA B. FORRY, a/k/a PATRICIA FORRY, husband and wife (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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $145,445.36 L.L.: $.50 Interest @ $25.41 a day -- $4,827.90 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $197.50 Other Costs: Plaintiff Paid: Date: 10/27/11 David D. Buell, Prothonot (Seal) B : Deputy REQUESTING PARTY: Name: THOMAS A. CAPEHART, ESQUIRE Address: GROSS MCGINLEY LLP 33S7 TH STREET PO BOX 4060 ALLENTOWN, PA 18105-4060 Attorney for: PLAINTIFF Telephone: 610-820-5450 Supreme Court ID No. 57440