HomeMy WebLinkAbout11-5710IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
P..TVTT. nTVT.qTnN - LAW
SOVEREIGN BANK,
Plaintiff
vs.
RONALD J. FORRY, JR. and
PATRICIA B. FORRY a/k/a PATRICIA
FORRY, Husband and Wife,
Defendants
L C-)
NO.
man
Z rn
'e
::0 r rn
00 1
0
Ga » C :)-n
°C qtr °,,irr.
MORTGAGE FORECLOSURE
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS
SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY
(20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY
PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE
COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT
OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, 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 BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108 (717) 249-3166
GROSS MCGINLEY LLP
By:
Thomas A. Capehart, squire
Attorney for Plaintiff
Attorney I. D. No. 57440
CS)
ask ?qa.66 aN
Ck ? 3tro s ?9
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
COMPLAINT
NO.
MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff, Sovereign Bank, by and through its attorneys,
Gross McGinley LLP and Thomas A. Capehart, Esquire, and avers a cause of action
of which the following is a statement:
1. The Plaintiff, Sovereign Bank, is a Federal Savings Bank with its
principal office located at 601 Penn Street, Reading, Berks County, Pennsylvania
19601.
2. The Defendants, Ronald J. Forry, Jr. and Patricia B. Forry a/k/a
Patricia Forry, are adult individuals currently residing at 905 Chester Road, Enola,
Cumberland County, Pennsylvania 17025.
3. The Defendants are the owners of record of the premises known as 905
Chester Road, Enola, Cumberland County, Pennsylvania, and more fully described in
Exhibit "A" which is attached hereto and incorporated herein (the "Premises").
4. On February 23, 2006, the Defendants executed and delivered a
Mortgage to Plaintiff upon the Premises, which Mortgage was recorded on March 13,
2006, in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in
Mortgage Book 1943, Page 0975 et. seq. (the "Mortgage"). A true and correct copy of
the Mortgage is attached hereto, marked as Exhibit "B", and incorporated herein.
5. There have been no Assignments of the Mortgage by the Plaintiff.
6. The Mortgage was given as collateral security for a loan to the
Defendants as evidenced by a Promissory Note executed by the Defendants on
February 23, 2006 in the original principal amount of One Hundred Forty-Five
Thousand Dollars and 00/100 ($145,000.00) (the "Note"). A true and correct copy of
the Note is attached hereto and marked as Exhibit "C", and incorporated herein.
7. The Mortgage is in default because the Defendants have failed to make
monthly payments of principal and interest due under the terms of the Note and the
Mortgage since July 30, 2010.
8. Because of the aforesaid default, on or about December 17, 2010, an Act
91 Notice to take Action to Save your Home From Foreclosure was mailed to the
Defendants by certified mail, return receipt requested, wherein Plaintiff demanded
that the Defendants make a payment of $5,793.81 as required by the Mortgage in
order to cure the aforesaid default. A true and correct copy of the said Act 91 Notice
is attached hereto and marked as Exhibit "D", and incorporated herein.
9. A copy of the Verification Notice pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "E" and
incorporated herein.
10. The Defendants has failed to pay the amount demanded in the Act 91
Notice in order to cure the said default.
11. Pursuant to the Note, Plaintiff is permitted to recover reasonable
attorney's fees as part of this Mortgage Foreclosure Action. Plaintiff anticipates the
legal fees in this matter to be One Thousand Five Hundred, Thirty Dollars and
00/100 Cents ($1,530.00).
12. As a result of the default which occurred on July 30, 2010, and since the
mailing of the Notice, the following amounts are now due pursuant to the terms of
the Mortgage:
(a) Principal
(b) Interest to 7/1/2011
(c) Late Charges
(d) Attorney's Fees
(e) Satisfaction Fees
Q) Misc. Fees
TOTAL
$131,576.61
9,361.65
892.00
1,530.00
50.50
510.00
$143.920.76
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in its
favor and against the Defendants in the amount of $143,920.76, plus interest of
$25.41 per day from July 1, 2011, late fees, escrow advances, costs of foreclosure and
sale of the mortgaged property and costs of this proceeding and reasonable attorney's
fees as provided in the Mortgage.
GROSS MCGINLEY LLP
a
By:
Thomas A. Capehart, squire
Attorney for Plaintiff
I. D. No. 57440
VERIFICATION
I, KAREN M. SWARTZ, state that I am a Foreclosure Specialist at Sovereign
Bank, Plaintiff in the within action, and as such, I am authorized to make this
Verification on behalf of the said Sovereign Bank, and verify that the statements
made in the foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unworn falsification to authorities.
Dated:/
Ronald Forry
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 oo 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 oo 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 o0
minutes oo 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, 2ooo 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, the within Mortgagors, their heirs and assigns.
EXHIBIT "A"
Record and Return To
United iaarv-aitl=adTns
F
FaRRV ,p, RONALD J Rocky Mill. CT 08967
ZI ,'I.ER
RECORDEii OF DEEDS
CUMBERLAND COUNTY-FA
Z6 MOO 13 PSI ? 27
PENNSYLVANM
CLOSED-END MORTGAGE
THIS MORTGAGE i6 given an FEBRUARY 23, 2006 The mortgagor i6
RONALD J FORRY JR and PATRICIA B FORRY
This b&xtpp is given to SOVEREIGN BANK, whose
address is 525 Lamster Avenue, Reading, PA 19611 ("Lender") or its successors
or assignees. Inthis Mortgage, the terms "you," "your," and "yours" refer to the mortgagor(s). The tams "we,"
"us" and "our" refer to the L.andsr. You owe us the principal sum of
One Hundred Forty-Five Thousand and no/100 Dollars
(S 145,000.00 ). This debt is evidenced by your Promissory Note and Disclosures (the "Note") dated the
am date a due Mortgage, whicb provides for monthly payments, with the full debt, if not paid earlier, due and
Payable on 02/21=6 This Mortgage scums to us: (a) the repayment of the debt evidenced by the Note,
with infant, and all renewals, cumslons and modification of the Note, (b) the payment of all other sums, with
ww est, advanced under this Mortgage to protect the security of this Mortpge; and (c) the perforrnanlx of your
covenants and agreements under this Mortgage and the Note. For this purpose, you hereby mortgage, grant and
convey to us and our successan and assigns the property located in CUMBERLAND , County, Pennsylvania,
and more folly described below:
PROPERTY DESCRIPTION
That certain pies or parcel of Lod, and the buildings and improvements thereon, :
In the Town of ENOLA
County of CUMBERLAND
and State of PENNSYLVANIA
and b particularly described in a deed recorded in
Book
Pap 11I I
of the CUMBERLAND County, City of EWLA
which property is more commonly known as
905 CHESTER RD , ENOLA, PA 17MS ("Property Address");
?ag?- Qeh?sboco?P
LN0033SOV 4266
EXHIBIT
BK i 943PG0975 a _?
TOGETHER WITH all the improvements now or bade ter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property."
YOU COVENANT that you are lawfully seized of the estate hereby conveyed and have the right to
mortgage, grant sued convey the Property and that the Property is unencumbered, except for encumbrances of
raced. You warrant and will defend generally the title to the Property against all claims and demands, subject
to any encemebranca of record.
YOU AND WE covenant and agree a follows.
1. Payment of Principal, Llatat and Odw Crargaa You shall pay when due the principal of
and inured owing under the Note and all other charges due under the Note.
2. Payouts of Tara and Inrrance. You will pay, when due, all taxes, ass ai% leaeiald
payments or ground rents (if any), ad heard insurance on the Property and mortgage insurance (if any). We
specifically reserve to ourselves and our aceeaom and an*u the unilateral right to reTene that you pay to as
on the day monthly payments are due an amount equal to one-tuerelfile (1/12) of the yearly taxes, and =wnments
(including condominium and planned out development mossments, if any) which may stain priority over this
Mortgage and grand rem on the Property, if any, plus one-dwlfih (1/12) of yearly premium installments for
bazadd and mortgage insurance, all see we reasonably estimate initially and from time to Unto, a allowed by and
in accordance with applicable law.
3. Application of Payments. Unless applicable haw provides otherwise, all payments received by
us under the Note and Section 1 will be applied by us in any order we choose.
4. Prior Mortgages; Cleanups; Liens. You shall perform all of your obligations under any
mortgage, dad of triad, or other security in/hrments with alien which has priority over this Mortgage,
including your covenants to make payments when due. You shall pay all taxes, aaasmants, charya, finer and
impositions attributable to the Property which may attain priority over this Mortgage, and lea dveld payments or
ground rats, if any. Upon our request, you shall promptly 5rnish to us all notices of amounts to be paid under
this paragraph and receipts evidencing my such payments you make directly. You shall promptly discharge any
lien (other tan alien disclosed to a in your application or in any title report vie obtained) which has priority
over this Mortgage.
5. Hansard Iawranee. You shall keep the Property insured against loan by fire, hazards included
within the term "extended coverage" and any other hazards, including floods or flooding, for which we require
insurance. This insurance shall be maintained in the amounts and for the periods thN we require. You may
choose any insurer reasonably acceptable to us. Insurance policies aril renewals shall be acceptable to us and
shall include a standard mortgagee clause. If we require, you shall promptly give us all receipts of paid
prommens and renewal notices.
If you fail to maintain coverage as required in this section, you authorize us to obtain such coverage a we in
our sole discretion dolormioe appropriate to protect our interest in the Properly in accordance with the provisions
of Section 7. You understand and agree that any coverage we purchase may cover only our i eterest in the
Property and may rot cover your interest in the Property or any personal property therein. You also understand
and spa that the premium for any such insurance may be higher than the premium you would pay for such
insurance.
You shall promptly notify the im nvr and us of any low We may make proof of loss if you do not promptly
do so. We may also, at our option and on your behalf, adjat and compromise ay claims under die iauranca,
give release; or acgnittaueces to the intnrsoce company in connection with the settlement of any claim and collect
and receive insmsoce proceeds. You appoint as as your eittoruesy-in-filet to do all of the foregoing, which
appointment you understand and agree is irrevocable, coupled with an inured with fall pourer of substitution
and shall not be affected by your subsequent disability or incompetence.
BK 1943PGO976
Insurance proceeds shall be applied to mum or repair the Property damaged, if restoration or repair is
economically fumble and our swmty would not be lessened. Otherwise, insurance proceeds shall be applied to
sums secured by this Mortgage, whether or not them due, with say 6xeea paid to you. If you abandon the
Property, or do not answer within 30 days our notice to you that the insum has offaad to settle a claim, then
we may collect and use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage,
whether or not than due. The 30-day period will begin when notice is given. Any application of proceeds to
principal shall not nq m us to extend or postpone the due date of monthly payments. If we acquire the
Property at a faced sale following your defsul4 yaw right to any insurance proceeds resulting from dump to
the Property prior to the acquisition shall pass to us to the extant of the suns secured by this Mortgage
immediately prior to the acquisition.
You shill not permit my condition to exist on the Property which would, in any way, invalidate the insurance
coverage on the Property.
6. PreaorvNiu mad Mainksiaoee of Prepertl; Leaseblds. You dull not destroy, damage or
substantially change the Property, allow the Property to deteriorate, or commit waste. If this Mortgage is on a
leasehold, you shall comply with die lease. If you acquire he title to the Property, the leasehold anal fee title
dell not merge unless we agree to the merger in writing.
7. Frelectles of Our RigYb In the Property; Mortgage Iwroca. If you fail to perform the
covenmts and agreements contained in this Mortgage, or them is a legal proceeding that may significantly affect
our rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or farfeittne or to
enfaee laws or regulations), then we may do, and pay for, anything necessary to protect die Property's value and
our rights in the Property. Our actions may include paying any sums secured by alien which has priority over
this Mortgage or my advance under the Note or this Mortpge, appearing in cowl, paying reasonable attorneys'
Sees, paying any sums which you are required to pay under this Mortgage and entering on the Property to make
rquirs. We do not have to Was any action we are permitted to take under this paragraph. Any amounts we pay
under this paragraph shall become additional debts you owe ns and shall be secured by this Mortgage. These
amounts shall bear inters- from the disbursement date at the rate established under the Note and shall be
payable, with interest, upon our request. If we required mortgage insurance a a condition of making the two
secured by this Mortgage, you shall pay the premiums for such mamence until such time a8 the requirement for
the insuranoe terminates.
L Impeeden. We may make entries in and upon the Property to inspect same at any reasonable
time and upon re"Onable notice.
9. Condemnation. The proceeds of any award for damages, direct or consequential, in
connection with any condemnation or other taking of any pat of the Property, or for convoyance in lieu of
ccmdemnabom, a s hereby assigned and shall be paid to us. If the Property is abandoned, or if, after notice by us
to you tlat the comdamncr offers to make an award or settle a claim for damages, you fail to reaped to us
within 30 days after the date the notice a given, we are authorized to collect and apply the proceeds, at or
option, either to restoration or raw of the Property or to the sums securW by this Mortgage, whether or not
than due. Umlas we and you oduawise agree in writing, any application of proceeds to principal shall not
extend or postpone the due data of the monthly payments payable under the Note and paragraph 1 or change the
10. Yam Are Net Ralused; Fabenraaee by Us Net a Waiver. Extension of time for payment or
modification of amortisation of the sums secured by this Mortgage granted by us to any of your aiceasos in
interest dull not operate to release your liability or the liability of your successors in interest. We shall not be
inquired to commence proceedings against any successor in interest, refwe to extend time for payment or
otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by you or
your successors in interest. Our fwbeeranoe in exercising any right or remedy shall not waive or preclude the
exercise of any right or nimedy.
BK 1943PGO977
11. Successors and Assigns Bound; Joint and Seven) Liabilty; Co-signers. The covenants and
agreements of this Mortgage stall bind and benefit your successors and permitted assigns. Your covenants and
agreements stall be joint and several. Anyone who co-ups this Mortgage but does not execute the Note: (a)
is co-signing this Mortgage only to mortgage, grant and convey such person's interest is the Property; (b) is not
personally obligated to pay the Note, but is obligated to pay all other arms secured by this Mortgage; and (c)
agrees that we and anyone else who "ms this Mortgage may agree to extend, modify, forbear or make any
accommodations regarding the terms of this Mortgage or the Note without such person's consent.
12. Lou Charges. If the loan secured by this Mortgage is subject to a law which sets maximum
loan charges, and that law is finally interpreted so that the interest or other loon charges collected or to be
collected a connection with the loan exceed the permitted limits, than: (a) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected
bran you which exceed permitted limits will be refunded to you. We may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to you. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
13. Notka. Unless otherwise required by law, any notice to you provided for in this Mortgage shall
be delivered or mailed by first class mail to the Property Address or my other address you designate by notice
to us. Union otherwise required by law, any notice to us shall be given by fast class mail to our address stated
above or any other address we desigmte by notice to you.
14. Governing Law; SeverA ty. The interpretation and enforcement of this Mortgage shall be
governed by the law of the jurisdiction in which the Property is located, except as preempted by federal law. In
the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict
shall not affect other provisions of this Mortgage or the Note which can be given d &ct without the conflicting
provision. To this and the provisions of this Mortgage and the Note are declared to be severable.
15. Traudw of the Property. If all or
traosferred without our prier written content, we may
sums secured by this Mortgage. Ebwever, this option
federal law as of the date of this Mortgage.
any part of the Property or any interest in it is sold or
at out option, require immediate payment in full of all
shall not be exercised by us if exercise is prohibited by
11L Sak of Noel; Clump of Lou Servieer. The Note or a partial interest in the Note (together
with this Mortgage) may be sold one or more times without prior notice to you. A ask may reanh in a change
in the entity (known as the "Loan Servicce) that collects month ly payments due under the Note and this
Mortgage. That also may be one or more changes of the Loan Servitor unrelated to the sale of the Note. If
date it a change of the Loan Servicer, you will be given written notice of the change a required by applicable
law. The notice will store the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any information required by applicable law.
17. Hazardous Subdonces. You shall not can or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Property. You doll not do, nor allow anyone else to do,
anything meeting the Property that is in violation of any Environmental Law. The preceding two sentanca
shall not apply to tie presence, use, or storage on the Property of Hanardow Substances in quantities that me
generally recognized to be appropriate to normal residential uses and to maintenance of the Property. You shall
promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any governmental
or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which you have actual knowledge. If you loam or are notified by any government or regulatory authority,
that any removal or other mnediation of any Hazardous Subatance a1€ecding the Property is necessary, you ahai
promptly talcs all necessary remedial actions in accordance with Enviroomental Law. As used in this Mortgage,
"Hazardous Substances" are those substances defined as toxic or hamdous substances by Enwamrr+nta Law
and the following substances: gasoline, kerosene, other Damnable or toxic pmrokum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or fcamaWehyde, and radioactive materials. As
and in this Mortgage, Taviroomental Law'" means federal laws and laws of the jurisdiction where the Property
is located that relate to health, satiety or environmental protection.
BK 1943PGO978
'? of
It Acceleration; Remedies. We shall give you notice prior to acceleration following your
branch of any covenant or agreement In this Mortgage (bat not prior to acceleration under Section 15
alias appgeW* law provides odserwise} The notice dill specify: (a) the defank; (b) the action required
to care the default (c) when the defaait meet be eared; and (d) flat faUve to care the default a specified
any rook In acceleration of the rare secured by this Mortgage, foreclosure by Judicial proceeding and
ale of do Property. The notice sball farther inform you of the right to reinstate after acceleration and
the ri& to assert In the foreclosure proceeding the noaezistence of a default or any other defense you
may have to acceleration mad forec sm re. If the default is not cured as specified, we may, at our option,
require immedlate payment In fhfi of aY same secured by this Mortgage withoat fisrther demand and may
f eclow this Mortgage by judicial procsedhgg We doll be eadded to collect all espouses incurred in
pursuing the rmedles provided In the Section 18, Including, but not limited 04 reasonable attorneys, fees
as pwmkW by appihable law, and cosh of title evidence to the extent permitted by applicable low.
IA. Discontinuance of Enforcement Notwithstanding our acceleration of the sums secured by
this Mortgage under the provisions of Section 18, we may, in our sole discretion and upon such conditions as we
m our sole discretion determine, discontinue any proceedings begun to enforce the terms of this Mortgage.
20. Release. Upon payment of all am secured by this Mortgage, we shall discharge and satisfy
this mortgage without charge to you. You shall pay any recordation costs.
21. Additional Charges. You agree to pay reasonable charges as allowed by law in connection
with the servicing of this loan including, without limitation, the costa of obtaining tax searches and
mboalmatioos. Provided, however, that nothing contained in this section is intended to create and shall not be
construed to create any duty or obligation by us to perform any such act, or to execute or consent to any such
transaction or matter, except a release of the Mortgage upon full repayment of all sums secured thereby.
22. Waivers. You, to the extent permitted by applicable law, waive and release any error or defect
in proceeding to enforce this Mortgage, and hereby waive the benefit of any present or fhture laws providing for
stay of execution, extension of time, examption fimn attachment, levy sod ale, and homestead exemption. No
waiver by us at any time of any term, provision or covenant contained in this Mortgage or in the note secured
hereby shall be deemed to be or construed a a waiver of any other term, provision or covenant or of the same
teem, provision of covenant at any other time.
23. ReMtatement Period. Your time to reinstate provided in Section 18 shall extend to one hour
prior to the commencement of bidding at a sbeif l'a sale or other sale puownt to this Mortgage.
24. Purchase Mousy Mortgage. If any of the debt secured by this Mortgage is lent to you to
acquire title to the Property, this Mortgage shall be a purchase money mortgage.
25. Iabrok Rah After Judgment You agree that the inter rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the
Note.
26. RMM to tad Mortgage. If one or more riders are executed by you and recorded together
with this Mortgage, the covenants and agreements of each such rider shall be incorporated nto and shall amend
and supplement the covenants and sgreenteats of this Mortgege a if the rider(s) were a part of this Mortgage.
[(heck applicable bor(es)]
? Condominium Rider ? 1-4 Family Rider
? Planned Unit Development Rider ? Other(s) [specify]
27. Waiver of Hemestad; Dowar and Cartay. When applicable, and a permitted by law,
Borrower hereby waives all tights of homestead in the Property and relinquishes all rights of dower and cumey
in the Property.
BK 1943PGO979
?= I
t
BY SIGNING BELOW, You accept and agree to the terms and covenants contained in this Mortgage and in any
rider(s) executed by you and recorded with it.
Signed, sealed and delivered in the presence of
(SEAL)
: R Wit
/1JLGt1? ,U- ?'rl (SEAL)
Name: PATRICIA B FORRY '-?
(SEAL)
Name:
(SEAL)
Name:
(SEAL)
Name:
(SEAL)
Name :
STATE OF #WWO T//01
COUNTY OF &0Ufi??l?Pf
on thu, meaCJ ?Y ?fw?r ? ?fG%SlK eA ; the undersigned
officer, persawwt appeared RONALD J FvRRY JR and PA B / it
known to me or soddactordy proven) to be the person whose name subscribed to the within instrument, and
acknowledged that executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
EAL)
My commission expires:
IAO Name: 00IGI KA?
Tide of
wldulsGMs?
NOW ii:=
?owwAMnlMp. Mr??6M0" f' = wsra CERTIFICATE OF RESIDENCE OF MORTGAGEE
I do hereby ewtify that the precise address ad principal place of business of the within named mortgagee is:
525 Lancaster Avenue, Reading, PA I%I 1 SOVEREIGN BANK
By: jf"z
Name.
Title: cd,f A
I Certify this to be recorded
In Cumberland Coinity PA
BK 1943PGO980
PROMISSORY NOTE AND DISCLOSURES
Account No. ftwiil?iillia Date: 07/33/3006
In Ws Promissory Note and Dloclosures ("Note"), the fdWwing words have the following deflnkiions:
"r, W, and 'my" mean each person who signs this Note below.
"You', your" and "Bank' mean Sovereign Bank, Its a wcrsors and assigns.
(in the Nolbs to Cosigner, you' and your' moon each person who sipne this Note as a cosigner or guarantor, if
applcobis. )
ANNUAL PERCENTAGE FINANCE CHARGE Amount Fbwmd Total Of Psym&ft
The amount of my credit doMer amount the The amount of sack The amount I
6.59L : 115.604.00 = 145.000.00 $ 360.4e4.00
Number of Amount of INlhen Are Due: 310
20 IS 10" IaARCN 30. 3000
The properly bsbg prrchaad
Real! Estate
Deposit Aooohrd numbered
Other NorFRasi Estate Prop ary dlsaaibs
Severson tJltlaab, Elko or Legacy Checking; or Premlar Money Market Savlnps or olfhar qualfyYg account
account. The am uM Interest race will khcraaee 0.250; , I g anas points N I do not haw a Sovereign UlMnale,
assuming; all payments taw bean paid on ttms.
Is more.
AsounWillow M my knn to secured by my prbhcipal dwa0bg, aomsorrs tNrylrhg my home wiN not ba awwee t0 assume
EXHIBIT
085 muMshY(1offim
? f/v1
TRUTN-IN"LENDII? Ki DISCLOSURES
RAPE
r a yrry rate. cram we cast me. provkled to me or on my paid after 1 have made all
behalf. payments as actradubd.
P?? QQX WE b e:
>seaaity: M ciadred below, you are Wdrg a saw* Mhbrest h:
1/aAsble Role
Q My bur oontalns s variable rate feature. Olsdowet about the variable rats feature have been prohrided to
ms earlier.
The annual krteraat rata d ua loan (and tlhs?afara the anraral pwoerwge raa d nhe loan) may tnarr durhg
the arm of the loan M I Y aulhorixe the submatb deduction of my ?+hn P?? from my 3owrWpn
dhscNkrD, money market or statement eavbrge sooourd, and abeagtrarMy Ile aulonratle deduction of my
morNlry payments Is anntnaad. The annual braraet nab will bheraaea by 0.000 paraantapa pokds I I too a
and my monthly paymanls are deducted from a Sovereign dadrbq, moray market or staarrrerht sairYrpe
ENts or Lapacy Checking or Pnrnisr Money Market Savbps or other gtrellyYp aooourd and my nardhy
paymaMs are deducted from a Soveregn cr9, moray narks: or satanant savkpe aahohat. Any such
braeaee wit soar any once, rrMn Via autanatle deduction of my nwMliy payrrards is lerrrrtated. Any such
irrcraeea in the brlsrast refs will take the form of higlrsr morhiy d payment amoraNe. For auampN, K my loan
wr for 110.000 at an Wall arrhusi bNwed rota of 9% for 10 yam, and 9 the annual krbrest nab bheraasad o
9.5% agar 11 nhong a, the amount of my maltliy payment d prbrdpal and Interest would Wawa by 12.49, .
RaooratinglFtBrhpfar: ? HcMcked, Own Is a recardng AAnp tea of $
Lass CherOa: H my ken psymsrd is more flan 15 days lab, I will be chrgad 10% d tths payment or S20.00, whkdhsver
Prapaynwrt: M t pay off eary,l wp not tawto pay a pensity.
Rsgekad Deposit K my ban fs seared by a depoeR aaraxht, the Annual Perosntape Rob don not aka Into account
remainder of the loon an the ariglrhsl terms.
My Promissory Nob and any nlabd conbaot documents oorrbin addlYorhel Nhfermalion about rhorhpaynant, dabuk, t1w
dptN to aoceNrab the maturity of Be a09patlon, prepayrrrent rehshds aid ponsilles, end security eft
's' means an esttmab.
ITEMIZATION OF AMOUNT FINANCED AMOUNT PAID IN CASH
1. Amount given to me directly s 34,700.00 1. Res! Estate Cbskg Fsss WA
2. Amourit d other debts I owe to you kp+r?+o al (*«r cave 6w awwo i...I
Crack Fbport Fee WA
Account e, 6617079112 $ 11,579.00
s w/A TWe Sssrc;WAtwtrect Fee WA
$ r/A Title krrrrance Fee WA
S r/A
s r/A Appraisal Fee WA
3. ppt?to odw on my belidf $ 90,421.00 Rsoondkg"N Fee WA
WA Flood Determination Fee WA
Credo Report Fes to Credit Bureau
WA 2. Lien Protection Insurance Premium WA
Tide SeardYAbstrool as to
WA 3. VSI Insurance Prwnk n' WA
Tills Insurer=Fee to
WA 4. NorrReal Estate Cloektg Fees WA
Appraisal Fee to appra4sr
ReoordirgfFErg Fes to pubic oMdaie WA to N/A
Irruranoe PremNsnrsto Insurers:
WA
to
WA
Lion Probation Irour once WA to WA
WA 5. Prepaid Fkaroa Chrp WA
VSI irrrrance•
Flood DabrmirttlonFeeto WA S. frCa*gChe* to Bank
om Borrower $
0.00
To ! 6.01e.o0
Total AwAunt Paid M Cash $ 0.00
To ! 6,7112.6t
To
trot ! 09.824.00 •YounWbevvW*gspooft offttea
To
(name) r/a
To
twee r?o?
4. Prepaid Firtrree Cherp WA
5. CadgChm* to Be* from Borrower s 0.00
S lids, 000.00
AMOUNT FINANCED • (1 ? 2 t 3.4.5)
('e- mar an somata)
d you hose predwed the optionel Sovereign Loan Prob"m Program, lass willbe dwged that arenot kaluded h tit
"Fkwra CherW act liorth in the above TnwMnAAndng Dlaoin res. Picas sus yaw Loan Protection Plan Agreement
and relalad disclosures for addtionel debts
Proseft bturana
Properly knuranroe Is required If this loam is 990101141by colakeal not in your powessbn. I rrray abbM all required
wmb +eeseruMy asomplabie b you. (Propely (oVwa~rdo s Skgla irdarest nummmmar'VSI dwift)
not avalabla tieotgh you Ile pramr61, la d om Inthis peraWsph, VSI la required under this Nola. l nay buy Otis VSI
owmelia flown any asrrss (end tbw,@I arty bw"m pmdrrow or berry m e onq alto I dmmw& The
prrdh ofVM *vm you b rests , orrtillen of rotas bon wW vA not afawaat mrrwrt or filers oredt dsddorrs by
you, end try dwios of arwd w irterarroe producer or bmrarra spat wSl net afled your erect de c l 1, l
buy t boar you, tit cost willbe WA
1. PROMSE TO PAY. Fw velus raoelwd, I a" to pay to yo r orders &=,d 0 0/ wlnkNe
tit rub of 6.550 % yesr, I will pry #w ena9Rs urder tit tarns tltTMfGi?Grasrg et
DNdosures ovs tlt'Dladousee?, which are Inoorp I at by rWars as rots ft Nob. My' I -rasrate my be
InaeaOa . as provided in ftmp h i below ti t have asked to haw my tltrrkman Payvw is sulomtloely dsdudad from
my dwftg secourtt and auch automatic deductions we wbapuer* termintled.
2. SECUWY AfiRE Wff. i giveyou s scarily' I p 1 el h the property ider-red rod b tit box(es) dtded below
to scan repeymert of this Noll.
Mofrr Vshba Tha mobrveNcla 's p lb d below, at parts or a wrovenexswhidr now or hoer beano a part of
the motor vstdols (cdsd'aoosselons ), and all replaosments, substihAbrm and kmxance proacds mis*V to the motor
vehlds.
Item Make Yaw Modal Body Type
VINSUM No. No. of Cyl Color PUV*VW
If a CerlNieab of TMIe ls required for Ot motor vaMela, I will hove your seamy k tesel noted an the cerlifoste and will
haw the arttlaM delivered l0 you. The val will be kept or garaged at
065-Ia gwo(tome)
.2-
O Boat. The walworaftdesaibed babes. all puts and knprovemanlswhbh now or later lem e a partof the watercraft
(called'accessbra'), and also all nplecemsnts, subslNutbns and insurance Proceeds rektlnp to the watercraft.
Make (Manufacturer) Model Year Mull Material
" No. Reg. No. ftine No. FVO?
ouldrlve NO. Fuel Type Now I Used
If a Certllata of Title k rsqukad for the watsrcraft, I willhave your snarly k?lm noted on the csntlflcete and wil have
the, e -'N r ate dolvared to you.
If the walmaaft is documented with the U.S. Coast Guard, your security Interest Is described in a Prollor. Ship's
Morlpaps which I have given or will give to you.
The walarcrelt will be kept or moored at
[id Reel Eatslw Real atste baled at
Your sscrNy lieeri Is I r, I 'in a ma Op dated sa iLU2Us .
The morWV describes your riplcts and the rseporebr0 of the own(s) nslatirp to the real eeteb, kcdudkip
ckamMuras under which I may be required to immediately pay you in &A all amounts I owe under this Note. If I am In
dshult under this Note, or N the modpspe Is In dsfuit, you may faecbaa on the real estate as described in the
matpspa.
? DspeaN Asocu t The deposit aooounl(s) described below, of property added to or substituted for any deposit
acoourd(s) described below. and all money awned on any of the prsoa ft, such as Internet
Type of Deposit Account
Account Balance (AS of Oft of Nob)
1 also spree to pledge and on to you additional or substituted tape'- account(s) N and when you ask for It.
? Otfwr. (dsscrba):
? Unsecured If daded, this Note Is unsecured. (But we Pwogr*h 12 below.)
3. COLLATERAL If I have given you s security interest In any property I r 11- ed In Paragraph 2 above (tie
'Collahran, I agree to each of the fotbwirrp, es appicebla:
(a) The owner(s) of the Collateral own the Collateral frss and der d any other lapel d.Ina b ft, otler stern (I) existing
mortgages an real property, N applcabk, end (I) dolma I have toll you about In writing on or baton the dale of this Note.
(b) The owner(s) of the Colateral wll not treeisr, ad a give any olter parson cry Interest in the Colaterel a allow any
abler pnrecrr to acquire on 9 W In the Colatusl unless you first ghro written ponnimb to do so. You do not have to
gin Yom pen issim.
(c) The owner(s) of the Cols" wil not de iga or abandon the Collateral and will kesp the Cakftn l in good corudNiarn.
If the owner(s) of the Collateral cal to do so, you may (but are rat 1 1 1 , to) repair or preserve the Collateral and sister
add the oast to the ur"Id prkrcipel balance i owe under this Nab or bd me esparatey (in which cove I epee to pay the
bill imnedlolsiy).
(d) Except in the cove of Cdkleral thatls s I p, account or sscul ss, the owner(s) of the Collateral will keep the
Collateral Iran, ad apakrst al bsese you require. If the Collateral is reel estate, such required kauranroe may Include flood
insurance.
(e) You wit bo named and rsqutsd kauranos ea loospoyea (or mortgages, Nth* C b*W Is real estate), and you will
hoo t e right te reonive at least 30 days prior nonce of osrnos U n or reduction of oovsrags from the Iratarae
compliv•
(f) N any required kenrarrce an the Collateral =*m or to csnoeted, you may (but are not roquked to, exoept in the case
of required flood Insurance) gat Insurance on the Collateral and silher add Its oat to the unpsld prI cipal balance I owe
under this Nob or bll me separately (in which case 1 agree to pay the bill Immediately).
(g) That owner(s) of the Collateral will pay all taxes, assessments, and aster changes =eased against or rektlng to the
Colatrel, and N the own(s) fat(s) to do so, you may (but are not required to) pay those dwga and eNhe std the cost
to tle unpaid w incipai bsiwrae 1 owe under this Nate or bil me sepsrsisiy (Inwhich case I agree to pay tie bill
Immsdatey).
005 - WANA wb(10106) _ 3 -
(h) You may skier add any oasts of defending your security interest in the Collateral to the unpaid prkuapal balance 1 was
under this Nob or bill me separately (in which ease I mores to pay the bill immedWAsly).
(1) 1 wNl let you sign any proof of Ioss reldi g to any retuned Nuance. unleas prdiblhsd by appfealts law. 1 willalso let
you andass any cheek. trait or other form of payment lasued by an Nuance company or Its agent relating to the
Collateral.
0) You may teke the proceeds of any required kanrenee relelkhg to the cold" and apply them towards any amounts I
owe under lhla Note, or towards mpW% the Collateral, at your option.
(k) I well provide you with proof of ail nequdred Insurance upon your request.
(1) You may Inspect ttxi Collateral at cry reasonable *rm wOW giving lire owner(s) d the Collateral advance notice.
(m) I will tall you Immediately N the Collateral Is kat, stolen, damaged or destroyed.
(n) The owner(s) of the Collateral will use to Collateral in compliance with applicable law and also all required Insurance.
(o) The owner(s) d the Ccleterai will sign promptly, after you request, all documents wild maybe required from time to
time in order to perfect (or to keep perfected) or to protect your escrty i terest In tla CoNmbral.
(p)1 agree to pay for all of your cosh and aperaee to" to these documents. Including dWnsyW fees, rag and
recording fees, and any antes or trsraadlon taxes, on demand. I also agree to IdbnnSy you and hold you O nmlaes
against liability for the payment of wee doeurnergary ehmp taxes, ktarglble taxes, or other taxes (ka*AV Interest and
penalties, y cry), occluding your koor, a or aervkx Miss, which may be detain * d to be payable with respect to my
loan.
If 1 do not pay any d these costs and expenses Ylrem you ask meta, you may (but are not required tD) pay Uaee costs'
and axperass and el0er add him to fire unpaid principal balance I owe under Oft Note or bill me separately (Irh which
case I agree to pair the bill Immediately).
Peraoroph 12 below describes some of you rights H I am In defeuN and you take the C 11stsral.
4. INTEREST RATE. You will charge, and I will pay. I iW on the unpaid pkhdp 'balance I owe under ft Note at Ue
annual rats shown la Paragraph 1 above. which may be brcresaad esprovided kn Paragraph 0 below. You wit charge
inhIsis ai WON* on U» date d t* Nob ar, g 1Ms Note is sacred by my prI m 1pa'if', 111 and la subool b Une tgM of
feedesion, bsgkrnkp on the fourth bwkass day oRwthrs dated tits Note. For purposss d tits Paragraph A inoNes
day' means Monday through Saturday, except for legal (literal holldsys.
You will wn*%A to dmM% and I will continue to pay, ktereel as provided in tits Paragraph 4 ufd I pay all amounts I
owe under Ills Note. U full. Unim pdd*sd by epokabh law. the fate ss pevided kh this PallnngmyMr 4la the nab 1 will
pay bafore err alter any default I r I ad h Paragraph f 1(A) bebw, and after cry ropoonsOm ar sets d Comww.
aft the IrnNloaan d oolw*m proceedkga, end attar the comm.taoanat d auk to rolled upaid emouts under this
Note.
In no evert wi fie amount olktareel due or any payment or hs h the nal re d kterest payable by me under this Note
esmsed the mairnnrm rate d iMaastallowed by applicable law (ere Paragraph 20 below), ere amended from time to lims.
If any ktsnet is I gad or received by you in euosse d thel amount. Ua excess sun will be vsdltsd as a payment of
prktdpsl, unless I nollfy you, in writing, Uhai I elect to have ft sum retuned to me.
Interval lsknpoead each day el fie delly equivalent dthe annual rate ee provided In ft Prangs N 4. The Flnenca
Charge dladaad an Page 1 was computed by assuming that ail mm to haw an eqW rermbw d days and alt psymemts
were made ere scheduled. It i pay Isle. I will awe more kaamai It I pay any. I will owe less' ermst. My fhW payment will
be evlasd to rallied do actual snout I owe.
S. MINM M PAYMENTS. I w1N oaks the payment xtesalbed below every month (tM'Minkmm Payments').
(A) Payaads of Prlrrusipai and Interest This Paragraph S(ay applies to me uhlees the box in Pampreph IN below
is decked acrd my loan iesseured by a depcek necrt (ses Pomp oo 2 above). Except for my 5nal laymst (see
Paragraph W below), my Mkhkmum Payments will be equal loft smart nscesrery to repay, in full and In
sabdonlialiv equal paynnar Is, all snouts; I owe undar tlxla Note in soon r, r a with pre payment adnadub shown in the
Dlaebeuea, ee fie Aare may be adJxaled waist to Paragraph 0 below.
(111) Pall W of' I I Only. ? This Paragraph 5(B) applies to me only If Qa box pexxhdknp Uhla sentence is
A I" and my ban leesamd by a dposk aoowA (see Pumpoo 2 above). I wM make payments d ktsrest only
each month untilray"payment (s due (see Paragraph 51C)below).
(C) Fhrel Paysaw Unless you end tits Nob under Paragraph 11(8) below, I must pay you oY amounts I owe under
Uhla Note, In full, no later Elan the dale d tM 5nal marA* payment shown b Ue peymst sc1hed111 s In Uhf Dladosures.
You wg td me st lmd 15 days before my tied payment is due. If you do not mc*e sit d my Mtnlmun Paymanb
PsymeI payment will Inaeas a Thi becewsIhaw egnod to pey for mach day l owe principal onfft Note.
(D) Now You Apply My Paymsxts Subject to applicable law, you will apply my payments to ft amounts I owe under
this Nab In any order you daces. I may not tell you what ardor to use when you apply payments to whist I owe under
a" Note.
0. AUTOMATIC PAYMENTS. Q It Ue ban preoe I n Uhis sentence It clacked, I hew requested that you
aubn Mic* deduct my Mbbaan Paymsds from a deckkg, money menial or shtemat mmvinos account I ms*tWn
with you or with ahollm Iklarldal 1 a0 W r (ft "Deposit Acoout"), and you hove agreed to do so. You wA do file on
each ktn tun Paymst due dab until this Note is paid In full or nrd you or I cerhoai these sutanNb Minimum Payment
deductions from Ue Deposit Account.
If I maldakx the Deposit Accent wNh you, you will no15y me of the amount dedhxobd from my Deposit Account in Ue read
mxw" Deposit Account slobmert ether my L"num payment due dab.
006 - M A @Wds (10105) -4-
I agree that you can cancel these automatic Minimum Payment deductions from the Deposit Account and require me to
pay all my Minimum Payments by check or by cash payment made In person. N:
(a) I doss the Deposit Account,
(b) I fall to maintain sul5clsol belenosa in the Deposit Account to pay a Mk*num Payment when due; or
(r) I otherwise take any action to terminate there automatic Minimum Payment deductions from the Deposit Accent.
If I have a Sovereign llltlmals, Ella or Legacy Checking or Premier Money Market Savings or other quellfykp account
and you are submMlealy deducing my Minimum Payments from a Sovereign Deposit Account, my Inbred raft has
born reduced by 0.500 percentage points. N I do not hoe a Sovereign 111Mmats, Eke or Legacy Checkup or Prwnw
Money Market Soups or other quaNfyi g account, but you are automatically deducting my Minimum Payments from a
Sover4p Deposit AoowK my Interest rate has been reduced by 0250 percentage pouts. N than automatic
deductions are canceled by am or you, my kterest rata will I - a by 0.500 or 0.250, as applicable, and my Minimum
Payment will Increase. You will notify me of the Ise In my Interest rate and my new Minkraxn Payment amount.
I understand that do Itared rant discount for automatic cownernla provided for in this Parawaoh b is not offered by you
7. OILLE. N I have not asked you to deduct my Minimum Payments aulamatlcey from a Deposit Account or N you haw
not agreed to do s0, you will either (1) mail or oNnarw ho delver bills to me, or (1) on me a coupon book. The bills or the
coupon book will chow the amount of each Mknknum Payment (enoospt my fill payment), the address to which 1 should
mail the Minimum Payments, to date the Mkhimum Payments are due and the date after which you will large a life
large.
a PREPAYMENT. I may prepay ail or any part dwhat I owe underthis Note ahead of tine without penalty. Subject to
applcaMe law, N 1 prepay a part of what I owe under this Note. you may apply my prapeffat to the amounts I owe under
this Nolainany orderyou daces Unless you agree otherwise, 91 prepays part of whit I owe under Oft Nols, (I) tie
Minimum Psyeent due dates willnot tthrkgs, and (l) the smouts d my required Minktaun Payments wit not langs.
tit. LATE CHARGE Nyou receive my Min4msn Payment or any portion of my Minimum Payment "a than 15 days
alter my payment due date, I will pay a late cargo. My Mte fee will be 10 % of the payment or $20.00 whichever is more.
10. OTHER CHARGES. '
(A) R l,- - Check Fee. I will pay you a $30.00 be NI make my Minimum Payment and the died or pnaufhortted
ctwge whh which I pay ls rebnned to you unpaid for any reason.
(8) Copy Fee. I will aleo pay you $5.00 per page breach copy I ask you tomake d any
document relalirp to this Nola or my loan.
(C) Research Fee. I will also pay you $20.00 for each hour (or portion of an hour) of. essev ci n 1 request.
(D) PayaR Proossaklg Fee. The current applic" fee to discharge the mortgage securing Oft lift will be added to
the payoff amount. Except a otherwise equked by law, this fee will be watered if I agree tomm the dladarge of the
mortpaw myself.
(E) Appraisal Copy Fee. Us traditional appralsel was oblalred and I nqued a copy In the first 90 days from the date
this loan was closed, I will pay you a dharps at its rate of $5 per page.
11. DEFAULT.
(A) DWhdtton of ddauR. Except as otlerwi s provided below. I will be in debut N any d the foloo ft events happens:
(I) I have made. or ider make any fella or nislseding statement(s) or aignabnres in my application for this Nobs or arty
other loon I may have with you.
(in I fail to make a paymett when 4 Is due under this Note or any other ban I nay hove with you.
(8) M aseWw art has been made for the bandit of my c m Acre or an entry d, judgment has bow made against me.
(N) I talitooomplyh ft with any term or oorndlbn d this Nobs or any otter barn or agrearnent I may have with you.
(v) I fileor someaa alsa ilia ago' I me a pstitlon It bankruptcy.
(ur)There lss ohm adverse dance inmy flnenclal corndlion that substantially reduces my sbilly to nappy this Note.
(vii) i f d tooomplywith ary otte obilgetlone 1 hoe with you, Including, but not United to, any ban obligations or deposit
socant obilgi him
(vii) Someone Was to take or attach any of the Collateral or any otter property of mine.
(ix) The valued any Colelarel decreases beyond normal war end tar.
(x) I fell to give you a current Ikhaen del statement or a copy of my most recent tax plums when you ask for I.
()d) There ls a default uda any seemly agreeme t ralating to any d theC 1st eral (ses Poop 1p112 above), or anylhkg
happens whidn gives you tie right under the terms d any such security agreement torequire me toknmedist* pay you
In full all amounts i owe under this Note.
(x1)1 fail to give you at teat 14 days' advance notice of any sale or tramhr of an ownership ktaat in any Collateral.
Illomriverag, If ft Collateral Is a consumer good (such as a motor vehicle ar wsaercmlt).I will be In
auk oily N simmer d thefolaft eventbs happens: (n i fail to make one or, a re payments a requked by thisNobs; or
(1) an event occurs that aubelantlay knpWm the value of to Collateral.
065 . hlAMM (10106) -5-
(B) What Happens If 1 Am In Debuk.
(1) In General. If I am In default under this Note, you will have all d the rights and remedies evallable at low or in equity,
in addition to the speak rights and remedies set forth in this Note and It any other security agreement relating to any
Colateral (ace Paragraph 2 above). You may exercise any, some or all of your rights and remedies, in your sole
discretion.
(11) 1 Must Pay You In Full. If I am in default under this Note you may, at your option, require me to pay immediately the
entire amount I owe you under this Note, In full. You may do this without gMng me any advance nodes, unless otherwise
required by applicable low.
(lit) Insurance Prooads and Refunds. If I am In default, you may take the proceeds and the refund of any unearned
premiums on any VSI and on any credit rife andfor credit dbsbNly Insurance I have purchased In connection with this
Note, and apply them towards any amounts I owe under this Note.
12. REPOSSESSION OF THE COLLATERAL.
(A) You May Tab the CoNderal. IfI am in default under this Note and you have required that I imnadistoly py all
smouis I owe under lift Note in full (see Paragraphs 11asbove), I spree tint you nay take ay Collateral, even d you
have not Had the papers required to protect or perfect your security Interest M the Collateral.
If the Cdlderal Is a cahsraner good (such es a moor vehicle or watererolt), you vA give me any nodes d default and right
to sae which may be ro**W by applicable hw bares you No any Collateral. Except a d 1a 111 1 above. I agree Rat
you may We any Collateral, other Ran real estate, without going to court and without giving me advance notice If the
Collateral Is s moor vesicle or wwtercrok I agree that you will not be reapaaiblm for any d my propeny Which I Issve
irnida the Cakft 1. I bwever, you wN use reasonable albift to Mum any d my property Inside Cthe oAebral to me
(ather than parts or Improvements which are a pert of the CclderN).
(B)1 WM Repay Your Egwmwt. I will repay your expenses In tel", darling, reconditioning. and selling the Collateral,
unless prdrbited by applicable low. It the We proosads are not erwio to repay your permitted 1 peraes and eta
unpaid amount I owe under this Note (indudli g IslacFargss and interest). I will pay tine dMerw wissm pmh*W by
applicable low. 1 am erNMled to any sate proceeds In excess of your permitted expanas and the unpaid amount I owe
under tilt Nola (lrrPill dkg late charges and Interest).
13. OFFSETTING DEPOSIT ACCOUNT. You may applymoney from any d my dpook aaou is with you, row or in
the fusee, to pry alarm portion day amount due underthis Nola. TThis ls oded your rightd offeaf You can uue your
right of chat without gMM me any notice, unless olherniss required by applicable law.
You may use your right of o1Jomt awn N (a) the value of any Colsterei N enough to cover all amounts that I owe under this
Note, or (b) there is no Collateral smcuring repayment of Of Note.
14 COLLECTION COSTS. Except es otherMAa provided below, If I am in claim* under this Nob (No Awsgrapb
11(A) above). and you give my Nola to an attorney or a collection agency for collection, I agree to pay the roam m ",
comb cf you albnay or aoAacllOn agency. so slowed by law. If you enforce you rights under this NOW in court, i agree
to py your coot comb and attorneys' foes, es No by low and as ad by the tout. I also agree to pay any attoneys'
fees you Incur because of any barnknQl6y pe"I m n fled by or agaI I me.
ForlilowHommishlraillognmomm, If I em in deboA undwfhit Note (ma PoopWN f 1(A) above), I agree to pay you all
reeeonmbis coda you hew to cosiest this debt or rea1:e on any eeaany, te fie extent pee 0 bylaw. This Includes
court coma, altornsy lees for ssrvir rwhdsred by on stoney for oo/edlona when to alterray Is not your salaried
employee, ardla aolecllon sparest fees. Hwm wr. If I prevsil in any action, suit or preosedirng you ti ft a h an attion I
brig. rasaabls atarnmys' feesshallbe awarded toms. I 1 euoosaaittry assert • parMai fill erla, atoll, recoupmeM or
counterclaim to an motion brought by you. the a" may will I from you the entire amount or such poAbn of the
attorneys' Joss at the court deems appropriate.
15. RELEASE OF CREDIT INFORMATION. You may dlsoba inJorarmkm about my wo MsorUninsssand this Nob to
consumer spo tkg agendas, you aflMaies and ?. and W alters for valid bcein sms reatorm, unlessexpraeiy .
prohbibd by applicabla law. I cones fo thls dfadoaae.
16. CHANGE IN NAME OR ADDRESS. I wN td you promptly in wrkhV of any dnerge in my name ar address, or h the
location of ay Collateral.
17. ASSIGfiMENT. 1 may not assign any of my obligatlora uderthis Nob without you wwritien permheion. You do not
have to give me you permission. You may assign this Note at any time without my psrrnisshon. Unless prohibited by
e1 11 1 is law, you may do vo without teMrg me.
My obliptI'm under this Nola apply to ad of my hake and pa...a assigns. Your rights under this Nola apply to each of
your sucoesaore and assigns.
1141. NO WAIVER
(A) You My Daley EeJorolrag Yoarr ltights. You may delsy or wales a ftcknp any of yourrights et ay tine wvithout
welving any of your rights at any future time. My rssponsibRy for paying this Nod In U Is 1, 8s m - a by the Nab ft of
any other psrean for repeylnp this Nola, or by you faaurs to fait me that a required payment has not been made. You
may releaa a y osier penal obligelad underthis Note, crony smc rlty interamt deeeritad to Paragnuplr 2 above writlaat
sffacb my obNgaftona under this Nob.
(B)I Waive Preseatnrm and li c", d Dtebonar. 1 wain the right of "p uwbnwesid 'notice of dishaor".
IN*mtmwm' mane tin right to require you to domed payment of amounts due uder this Nola TNdioe of dlshhahor"
means the right to require you to give nOYee W other pereaa That mmouna due under ffils Note have not been paid. I
doo waive derrand for payment, prolast, noticed pretest, notice of nonpeynmut or dishonor, and all oiler No and
demands. u loss pnolhbltsd by low.
(C) My Obligation Is AboOlute. My obligation to pay all amounts owed under Bnls Not is absolute and not conditioned
on anything.
065 - taiarhb (IO Md) _ 8 _
19. SPECIAL PAYMENT INSTRUCTIONS.
(A) General. If I pay you with a check or similar Instru n mt that has notations or inatnxftw on or with the check, I agree
that you may ignore these notations end instructions except ss indicated In PwWq* 19M) below. I agree thatyou
may audit arty payment you receive to amounts I owe under its Note (including a dhedk) and your cxedtkhp d that
payment will not mom that you have agreed to any notations or instructions on or with that psyment.
(B) Payasni In Full. If I want to pay you M ful(wlih a dhsdt or similar indrumedd at has such special notations or
instructions on t or with It, I agree to send the payment (Inducing special notations or Instructions) to:
Sovereign Bank
Mal Stop 10.421-CP2
450 Pam Street
Rsadrp, PA 19801
If I sand my prymert In U to any other address, I Was that (Q you may ignore to speelel ON a or Instructions. and
(ii) your aedb any such cMck or ottw instrument to smounb I owe under this Note doss not mean that you have
agreed to is speabl notations or instructions.
(C) Rsoslpt of PayataNS AN payments must be mods by dwic k, sutomatic sowut debit aiecfrork hrids bo We,
money order. or otlw kstrttments in U.S. doNan end must be reoelwd by ua atthe remittance addruas simm an your
coupon book or any bN that wa may provide. Payments matived at that address ter to 9:00 PM Esslsm Stmdad Time
on any busknsss day wS bs credNsd to your ban as d the dab naaiutad. Ilya raoaive payn enla at other batlbrs. such
payments wit be credited p'mhpty b your bah, but , III hg may be delayed for up to the (5) drys MW receipt If you
haw sabalsd b make yon payments by aubmatb aoosut debit, payment book willbs p viceassd on the date the
payment is due monthly. If is sdnadulod data tails on a Sunday or a bent hdiday, the transfer will be poasssd on the
nand business day. N funds for is p ymmt are w=lsdad or kaullidsrtt on the tmmhr data, an inwllldsnt firhds
dwge nay ba sassed. If tins paymentis odui neat bus, is payment win be your noportabNty for tat month. If you do
not maintain suMalart finds to poses your payment trarslar, your pna ld orlasd tranab? may be P, m -ad sad any
Preferred Rob Reduction may be With d. Payments reoelwd at any of our community banking dkn on a business
day (Mondry - Friday) before his cut off fine poattd at tat of log will be asdNad to your account es of the doe of recelpt.
Psymenis moskad on a norVbuarws day (Sabrday. Sunday or a bank hok*) or after is posted kart cif time win be
I II" to your account a of is faNmh business day.
(D) Electronic Pay w Each tins you make a payment by dsdk. wa may convert your deck kAo an ebdrorhb
payment By sending us a dmak, you sutlerin us to convart your check. VOw we do tlhls, the funds may be w ftnewn
from your account mom Cubby den N we I; ,111 sat you or191 1, rd, so *AVp mats acre you haw mohugh funds in
your stooout to aisle your payment After we owNert It your duaA will not be sent back to you because we we required
to dsstrey It. tits do, however. keep an elactrorhic copy. If you do not wish us to oonvert your dhedk or t you need more
kdbmm*x , please cal us at 477-786 2285.
20. APPLICABLE LAIN. This Nob will be gon by Pennsylvania low (wlthhoht regard to frkheip', of oortI'll ds of low
or A m i r , of lew), except avid to tlne.raent governed by ! derel low applicable to fi? I savings banks,' A 11 p 12 USC
1443 and 1464. If any part of this Nob corcMots with spoic" low, that pat will be , a I 1 1 by you and by me to be
modillsd to conform with the law. This Note will take teed as a seated Instrument. Tile Nob is subject to urea
noaphrm by you at your after InPa nsylvants.
21. PROVISIOIIS WWBIABLE. N ay d is isms d thls Note are WmNd,,' gad by apploablo low or dedered
h u by orderd s cart the remaining terms d thls Nota shall not be olfs l and thlo Nob vA bs Yteipretatiss if
such WmW teeth had not been pleoed in Oft Note or as t is new low was incorporabd kto its Nob.
22. JOINT AND SEVERAL LIAMLITY. If morethen one dug has sigrsd below, sedh d us is f* realm sbie for ail
obligations under this Nob, Inducting payment to you of the entire amount owed under its Note.
23. GUARANTOR tl I have signed thls Nole ss a arely aguaator(abo known w s ooslWw). I agneto oN dune
tarns d list Nob. 1 tndsrsto het 1 am g,uarmteskp the Borrower's prombe to pay ell amounb owkg under its Note.
My guaranty is abeokAe and not oor dtoned on anything,.
If any Borrower doss not pay, I will hew to. I must pay you even if you (a) fall to take ay action psrmMed under ids Nob
o (b
Collateral, (e) wan wry dot your rights under MN Nat (d mWm eryB)ormwarcdsr suety or ?guanrtor atom h or
her ob19 -1, ht under this Nob. or (a) allow ay Borrower or odw surely or gutmnbr to make payments aller tie duns
data. You may We any of thhess actions witimut NOW me.
You an exiNad any smout owed under this Nob from me wMW fist trying to soled tram any Borrower or any other
surely or guarantor, and without *9 trying, to repossess. pursue or rsaNae on your security kterest in any Collel".
I also agree list 1 have road and I urxWoWhd the 'Notice to CosVW at tit and of file Note.
24. OTMR OVJKW44 Esdh paroorh who signs ilea Agraanat m o n Otw Omw ogress b sit is tarns and
provision d tits Agrearwt, P it ro Ida d ParaOraph Peragraph 1 and ParprdpA 12 nevi
not kick fling thole provisions nlotng b to mp Wrie t d the debt. An Olier Ownw agrees that such Otw Owner's
hft in the Collateral Is granted as security for the repeymert by the pow or persons obigaled to spay the debt.
25. tECTION NEADINGS. Sedbn hsadkhgs do notin any way Nmk w detkhs your rights or my respwob6du under
this Note.
oss-I?Ilelehet1MD6) - ? -
Nodes to so"Dwers and Ouarardom
1. 1 ahouhd read the farms of this Nob cordully before 1 sign.
2. 1 am andiled to a copy of We Nob
3. By slpdng below, I on agreeing to all of the to.. aided above In tlis Nob.
(SEAL) (SEAL)
=hgwe Borrower 2 Name
sEAI) (SEAL)
WA (SEAL) A (SEAL)
re
WA _ meA
uwantor Nwne wrantor
OTHER OVAMMS)
INW grant you a sow* merest in the C4118WW wd agree to al of the Iran s and sand Ilona of Mis Noe, parfimAwy the
prooWbna d Pwap pick A Poe p*h 3 and Paragraph 12, but not knekrdirro the provisions mlatlng to t e repayment of
,U• SEAL) (SEAL)
(SEAL)
(SEAL)
the folwAV Notice to Cosigner, 'You' and you^ moan each person who sIWw fide NoW as s cosigner or guarardor.
NOTICE TO COMOM
iu are beta mind I*' ecome liable on this debt. Think cwW* bdwe you do. If the Borrower don not pay the debt,
u wN haw to. Be shoe you an afford to pay H you have to. and that you went lo 1 - pt this resporsbMty.
ti may have to pay up to the ful amount of the debt N the Borrower does not pay. You may also have to pay We fees
oolNtlhon oohs, wlich kncrwe Mis amount.
e Bank can oolsat •is dsbt fiom you w hwA lkst t tg to wW from fhe Borrower. The flank an use the tams
#sclion nngrods spinet you Malt con be used apafrut the Borrower, rich as wing you. garnishing your wages, etc. If
Is debt ls ever b deftA Met fact may bscm s a part of ga creditrecord.
nodoa Is not ft oonfract that makes you Isbb far the debt.
co Siprer's soulare
Date
ces - MABIM9 (10ltla)
.a-
Exhibit B
Loan mINJIM11*
Name: RONALD J. FORRY JR
Borrower 1
Borrower 2
Borrower 3 Borrower 4
Other Debts To Be Paid:
TO: NIA $ N/A -
_
TO: N/A $ N/A
To: N/A $ N/A
_
To: N/A $ N/A
To: N/A S N/A
TO: N/A $ N/A
TO: N/A $ N/A
TO: N/A $ N/A
TO: N/A $ N/A
_
TO: N/A _ $ N/A
Ex8
h.
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date of Notice: DECEMBER 17, 2010
RONALD J FORRY JR
905 CHESTER ROAD
ENOLA PA 17025
Loan 0 ?
4- _ ' Ot."' Ali'.: 1__ _7!_'
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to
save your bome. Tbis Notice eioWr bow the nnm= w oda?.
To see U HHEMMAP cad beta you mast MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITH N 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice witb you wben
you meet wkb the Coanselina As ma,
The samm address mW shone number of Consumer Credit Coamdisa As! dw servbx your
Coasty an toed st-the end of this Notice. If you have any ammdm& you may a& the Powny ?ania
HovAw Houses As!eacy foU free at 14*(WM2 2397?= with imoaired bearine can call (7171
750-lK9*L
This Notice eostsiss bnsortast kni information. Uvon have am amdous. nnrmmdstives at the
Cossamer Credk Cousedisa As! m may be able to bets a uMm IL You may W o wart to emod
an attorney is your area. The lord bar aaodedon may be abk to beb von And a bmver.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IlMORTANCL44 PLIES AFECTA SU.
DERECHO A COMI NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO
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 PUEDE SALVAR SU CASA DE LA PERDMA DEL DERECHO A
REDEWM SU HIPOTECA.
EXHIBIT
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
RONALD J FORRY JR
PATRICIA B FORRY
905 CHESTER ROAD
ENOLA PA 17025
CURRENT LENDER/SERVICER: Sovereign Bank
The total amount currently due In order to cure the default is as follows:
Total Monthly Payment(s) Due:
5 Payments @ $1,08535: $5,426.75
Late Charges: $ 217.06
Available/Unapplied Funds: $ 0.00
Other permissible charges: $ 150.00
"TOTAL DUE AS OF DECEMBER 17, 2010 ** $5,793.81
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL SSWANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE nrrrrmE:rrnwrr_AGR PAYMa" TS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT% YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the
date of this meeting. The nama4. addresses and teleolwne numbers of desigU ted consumer credit counseling
agencies for the county in which the pmM is located are sat forth at the end of this Notice. It is only necessary to
schedule one face-to-face meeting. Advise your lender imnnediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later
in this Notice (see following pages for specific information about the nature of your default.) If you have tried and
are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end. of this Notice. Only consumer credit ca nseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-f tce meeting.
YOU UST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE' MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds 4.emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your applicadon. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, OR IF
YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE
DEBT.
(If you have filed bankruptcy yen can still apply hr Eroergeaey Mor4W Assistanes.)
_) .,j
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it no to date).
NATtME OF THE DEFAULT -The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your
property located at 905 CHESTER ROAD, ENOLA, PA 17025, IS SERIOUSLY IN DEFAULT because you have
not made the monthly payments of 51,08535 since JULY 30, 2010 to the present. The total amount now required
to cue this default, or in other words, get caught up in your payments, as of the date of this letter, is $5,793.81. The
total amount includes late charges and any other charges that have accrued to this date. If you disagree with the
asserfm that a default has occurred or the correctness of the calculated amount required to cure the default, contact:
SOVEREIGN BANK
CREDIT COUNSELING DEPARTMENT
PO BOX 12646
READING, PA 1%12-9849
1-800.929-0234
HOW TO CURE THE D AULT -You may cure the default within THIRTY-THREE (33) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,793.81, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-
THREE (33) DAY PERIOD. pgv MW must be made either by cash. casbices check, certified check or money order
made psAWg to So mmigrr Bak and sent to the above address.
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY-THREE (33) DAYS of
the date of this Notice, the leader intends to exercise its EWU to aeederate the morlrage debt. This means that
the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay
the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-
THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your
mortotend property.
IF THE MORTGAGE IS FORECIASED UPON - The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the tender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be
added to the amount you owe the lender, which may also include other reasonable costa. If you cure the deihalt
within the THIRTY-THREE (33) DAY nerkmL You will pot be rehired to pay attoraWs fees.
- The lender may also sue you personally for the unpaid principal balance and all
other sums dun under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the
defiiuk and prevent the sale at 10 time um to one boa before the Sheriffs Sale. You = do so by pWdag the total
amount then at due. plus gpy late or other cbaraes then yyLreaaamble attonnejej fees and comb coneactod with
the jaylosure sale and My other costs connected witb the Sheriff's Sale as specified in writhng by the leader and lmv
g = other raauirenrents under the mortgage. Curing your defaalt in the manner ad forts is this
notice will restore your mortgage to the some podtion as K you had never defaaited.
ZARLIBST POSSIBLE SHERIFF'S SALE DATE -- It a estimated that the earliest date that such a Sheriffs Sale
of the mortgaged property could be held would be approximately all (6) months from the date of this Notice. A
notice of the actual daft of the Sheriffs 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
or action will be by contacting the lender.
r - -;
HOW TO CONTACT THE LENDER:
Name of Lander: SOVEREIGN BANK
Address PO BOX 12646, READING, PA 1%12-9849
Phone Number 14NO-9294V234
Contact Person: Constance M. Cocrok Vice President
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the properly after the Sheriffs Sale, a
lawsuit to remove you and your finnishings and other belongings could be started by the lendr at any time.
ASSUMPTION OF MORTGAGE - You may have the right to sell or transfer your home 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 of the mortgage are satisfied.
YOU MAY ALSO 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.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
This bank is a debt collector attempting to collect a debt and any information obtained from you will be used
for that purpose.
s
N y'
HOUSING AND URBAN DEVELOPMENT PHUD41 NOTIFICATION
IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987
PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU,
DATE: December '17,2010
TO: RONALD J FORRY JR
RE: Account No.
FROM: Sovereign Bank
The Housing and CommuNty Development Act of 1967, requires that Sovereign Bank, F.S.B., no* eligible homeowners wkh
delinquent home bans of the avabbil ty of homeownership counseling. Because your home loan is DELINQUENT, you may be
erigble for homeownership cou nse" poovided by c artain non-profit organizations. The following orgenizedons are eVerienced in
the provision of homeownership counseling and have been approved by the Secretary of Houutlrrg and Urban Development ('HUD's.
PLEASE CONTACT THE NEAREST COUNSELING AGENCY ON THE ATTACHED LIST OR CALL THE HUD TOLL FREE
NUMBER AT 1400•'6MM FOR MORE INFORMATION.
The Bark does not provide homeownership counseling. However, should you have any questions about your home loan or the
attached Iist you may call or write to the Bank. The none, address and telephone number of our restive is:
SOVEREIGN BANK
CONSUMER COLLECTIONS
PO BOX 12646
READING PA 19612
14IW929-0234
If you desire to receive homeownership counseling, it is important that you promptly contact a course" agency from the attached
list.
Constance M. Cocroft
Vice President
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date of Notice: DECEMBER 17, 2010
PATRICIA B FORRY
905 CHESTER ROAD
ENOLA PA 17025
Loan # ?
This is as ofriCkl notice that the mortme on your home k is defamlL aced the kinder iatemds to
foreclose. Specific information about the nature of the ddkyh k provided in the attached mom
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be akk to help to
save your home. This Notice mpWps hay the prmmm mwk.
The man& address aced nhoae amber of Coasaner Credit Coin Amoada serviu your
Coaaft an iskd_at the cad of Ws Notice. If you have may au db m& you nay can the Peamnlyaaa
Hawiaa Fiamce Anna toil free at 1400-342-2397.(Persou with impaired bndmm =a affi [717)
780-1869).
__? - ?._ 7!T -m L"7117,11-17,74111
LA NOTIFICACION EN AWUNTO ES DE SUMA E"ORTANCIA, PLIES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMAI)O "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMM SU HEPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
RONALD J FORRY JR
PATRICIA B FORRY
905 CHESTER ROAD
ENOLA PA 17025
CURRENT LENDER/SERVICER: Sovereign Bank
The total amount currently due in order to care the default Is as follows:
Total Monthly Payment(s) Due:
5 Payments @ $1,085.35: $5,426.75
Late Charges: $ 217.06
Available/Unspplied Funds: $ 0.00
Other permissible charges: $ 150.00
**TOTAL DUE AS OF DECEMBER 17, 2010 ** $5,793.81
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MQ TQAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR. MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure
on you mortgage for thirty-dove (33) days from the date of this Notice. During that time you must arrange and
attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR RE= THE XT [331 DAYS IF YOU DO NOT APPLY FOR
EMIMENCY MORTGAGE ASSISTANCE. YOU MUST B WG YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO
BRiMG YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the
date of this meeting. The names. addresses and telenhoae numbers of designated consumer credit counseling
allies for the county in which the gmRM is located are set forth at the end of this Notice . It is only necessary to
schedule one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later
in this Notice (see following pages for specific information about the nature of your default.) If you have tried and
are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty-three (33) days of your face-to•face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Ad The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, OR IF
YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE
DEBT.
(If you have tiled bankruptcy you an still apply far Emergency Mortgage Assistusm)
HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date).
NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your
property located at 905 CHESTER ROAD, ENOLA, PA 17025, IS SERIOUSLY IN DEFAULT because you have
not made the monthly payments of $1,08535 since JULY 30, 2010 to the present. 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 $5,793.81. The
total amount includes late charges and any other charges that have accrued to this date. If you disagree with the
assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact:
SOVEREIGN BANK
CREDIT COUNSELING DEPARTMENT
PO BOX 12646
READING, PA 1%12-9849
1-800-929-0234
HOW TO CURE THE DEFAULT -You may cure the default within THIRTY-THREE (33) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 55,793.81, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-
THREE (33) DAY PERIOD. Payments must be made either by cash, cashiers chek certified check or money order
made 243abk to Sovereign Bank and sent to the above address.
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY-THREE (33) DAYS of
the date of this Notice, the Iander Mends to exercin its rights to acederete the mortsege ehhbt. This means that
the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay
the mortgage in monthly b atalhnents. If full payment of the total amount past due is not made within THIRTY-
THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your
mortal property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
actually inc urrcd, up to $50.00. However, if legal proceedings are started against you, you will have to pay all
reasonable attorneys fees actually incurred by the leader even if they exceed 550.00. Any attorney's fees will be
added to the amount you owe the lender, which may also include other reasonable costs. If You care the default
within the TMMTY-THREE (331 DAY period. You wit not be reashyd to my atk wneVs ?
OTHER LE MR REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHKREWS SALE _ If you have not cured the default within
the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have tie right to carne the
debuk and pre =the sale at in time W to one hour before the Sheriffs Sale, You maw ?,+s? , _RL*iz the 19W
amount then past due. pl_ in ate or other charges then due, reasonable Migg A feet and coats connected with
the foreclosure sale and to odwr costs amnected with the ?_ a ?•le = specified in writing by the Mader and by
Meaning any odher auk== under the =M=. Caring your def ak in the manger set forth In this
notice will restore your mortgage to the same position as U you had never defauked.
EARLIEST POSSIBLE SHEUMS SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale
of the mortgaged property could be held would be approxhaneety si: (6) months from the date of this Notice. A
notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to
cure the defiult will increase the longer you wait. You may find out at any time exactly what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: SOVEREIGN BANK
Address: PO BOX 12646, READING, PA 1%12-9849
Pbone Number: 1-800-9294MM
Contact Person: Constance M. Cocrolt, Via President
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and your fiunishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may have the right to sell or transfer your home 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 of the mortgage are satisfied.
YOU MAY ALSO 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.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
This bank is a debt collector attempting to collect a debt and any information obtained from you will be used
for that purpose.
1
HOUSING AND URBAN DEVELOPMENT ("HUD") NOTIFICATION
IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987
PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU.
DATE: December 17, 2010
TO: PATRICIA B FORRY
RE: Account No.?
FROM: Sovereign Bank
The Housing and Community Development Act of 1987, requires that Sovereign Bank, F.S.B., notify eligible homeowners with
delinquent tame loots of the availability of homeownershp couraelnrg. Because your tame loan is DELINQUENT, you may be
eligible for homeomarahip counseling provided by owlain nonIx At orgenizalions. The following organkdons are experienced in
the provision of homeownership counseling and have been approved by the Secretary of Horsing and Urban DevsbW*M ('HUD').
PLEASE CONTACT THE NEAREST COUNSELING AGENCY ON THE ATTACHED LIST OR CALL THE HUD TOLL FREE
NUMBER AT 14004287 FOR MORE INFORMATION.
The Bar* does not provide homeownership counseling. However, should you have any questions about your home loan or the
attached list you may call or write to the Bank. The name, address and telephone number of our representative is:
SOVEREIGN BANK
CONSUMER COLLECTIONS
PO BOX 12646
READING PA 19612
14800-929-0234
If you desire to receive homeownership counseling, it is important that you promptly contact a counseling agency from the attec hed
list
Constance M. Cocroft
Vice President
?
MALCOLM J. GROSS GROSS LOREN L. SPEZIALE°
HOWARD S. STE ENS MCGINLEY SAMUEL E. CO EN°
DONALD LaBARRE, JR. up EWALDE M. COOK
J. JACKSON EATON, III ROBERT G. VIDONI*
MICHAEL A. HENRY ATTORNEYS AT LAW GRAIG M. SCHULTZ*
PATRICK J. REILLY
ANNE K. MANLEY
SUSAN ELLIS WILD'
VICTOR F. CAVACINI www.grossmgginley.com OFCOUNSEL
THOMAS E. REILLY, JR. MICHAEL J. PIOSA
ROBERT A. ALPERT Please reply to:
ALLEN I. TULLAR
RAYMOND J. DeRAYMOND
33 S. 7"' Street, Allentown, PA 18105
*Also admitted in NY
THOMAS A. CAPEHART (610) 820-54540
*Also admitted in NJ
JOHN F. GROSS tAlso admitted in DC & MD
KIMBERLY G. KRUPKA Thomas A. Capehart -Also admitted in MA
KIMBERLY A. SPOTTS-KIMMEL
ANDREW H. RAULSTON, JR.
TO: Ronald J. Forry, Jr. and Patricia B. Forry a/k/a Patricia Forry
We have filed this complaint against you on behalf of our client, Sovereign Bank.
WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C.
Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE:
The amount of the debt owed by you is $143,920.76 as of July 1, 2011.
Sovereign Bank, is the original creditor for this debt.
You have thirty (30) days from the date of this Notice to dispute the validity of this debt. If
you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid
and the amount of the debt is correct. If you notify us in writing that the debt or any portion thereof
is disputed by you, we will obtain verification of the debt from our client and provide such
verification to you.
Please note that the thirty (30) day period described above, the Bank is not required to
wait thirty (30) days to take any action to enforce its rights to collect the amount owed,
including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to
proceed with any such action within the time frame set forth in the accompanying Complaint or
documents, and any other previous correspondence you may have received directly from the
Bank.
This letter is from a debt collector. This letter and any other correspondence from this office
is an attempt to collect a debt and any information obtained will be used for that purpose.
Please note that if you have filed a petition in bankruptcy or if you have received a discharge
in bankruptcy, this notice is for information purposes only and should not be considered as an
attempt to collect the debt, but only enforcement of a lien against property.
Sincerely,
Thomas A. Capeh rt
EXHIBIT
E
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson 1
Ti.;;Q i }
Sheriff kA
a?u(.rr? Et n.
Jody S Smith 2011 AUK " 8 Frii
Chief Deputy
Richard W Stewart
pcol ?r{bF[I?^
Solicitor
Sovereign Bank Case Number
vs. 2011-5710
Ronald James Forry, Jr (et al.)
SHERIFF'S RETURN OF SERVICE
07/26/2011 04:31 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 26
2011 at 1631 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Patricia Forry, by making known unto herself personally, at 905 Chester
Road, Enola, Cumberland County, Pennsylvania 17025 its contents and a the same time handing to her
personally the said true and correct copy of the same.
SH TS HALL, DEPUTY
07/29/2011 06:58 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 29
2011 at 1858 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Ronald James Forry Jr., by making known unto himself personally, at 29
S. East Street, 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.
UTSHALL, DEPUTY
SHERIFF COST: $65.00
August 02, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA,
CIVIL DIVISION - LAW `
ra
SOVEREIGN BANK, ) NO. 11-5710-Civil?
Plaintiff
r CD -Z
VS. )
:nc
RONALD J. FORRY, JR. and ) . -x
PATRICIA B. FORRY a/k/a PATRICIA
FORRY, Husband and Wife, )
Defendants
MORTGAGE FORECLOSURE
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendants, Ronald J. Forrv, Jr., and
Patricia B. Forry, a/k/a Patricia Forrv. Husband and Wife, for want of failure to file a responsive
pleading to Plaintiffs Mortgage Foreclosure Complaint.
X Assess damages as follows:
Debt
$143,920.76
Interest from 07/01/11 to 8/30/11 1,524.60
@ $25.41/day
Attorney's Commission
TOTAL $145,445.36
Plus interest from 08/30/11 and costs
X I certify that the foregoing assessment of damages is for specified amounts alleged to be
due in the complaint and is calculable as a sum certain from the complaint.
X Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this
Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the
attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of
the filing of this Praecipe. A copy of the notice is attached.
Date s?7141b_z
(124Z,? X?_?4
1 L/? P
Thomas A. Capehart, E quire
Attorney for Plaintiff
Attorney I.D. No. 57440
33 S. 7th Street, PO Box 4060
Allentown, PA 18105-4060
(610) 820-5450
Ctrw+ S ly. ob pd a,,il
?h c? ?
NOW, 1 1( . 2011,
JUDWola AS AB
P ivil Division
By:
Deputy
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
MORTGAGE FORECLOSURE
( X) Notice is hereby given that a Default Judgment in the above-captioned matter has been
entered a a' st you in the amount of $145,445.36 plus interest from August 30, 2011 and costs, on
2011.
( X ) A copy of all documents filed with the Prothonotary in support of the within judgment are
enclosed.
Prothonotary/Clerk, Civil Div.
by:
If you have any questions regarding this Notice, please contact the filing party:
Thomas A. Capehart, Esquire
33 S. 71h Street, PO Box 4060
Allentown, PA 18105-4060
(610) 530-7500
(This Notice is given in accordance with Pa.R.C.P. 236).
CERTIFICATION OF ADDRESSES
I, THOMAS A. CAPEHART, ESQUIRE, hereby certify that the precise address of the within-
named Plaintiff, Sovereign Bank, is 601 Penn Street, Reading, PA 19602 and the precise address of the
within-named Defendants, Ronald J. Forry, Jr., and Patricia B. Forry, a/k/a Patricia Forry is 905 Chester
Road, Enola, Pennsylvania 17025.
Thomas A. Capehart, Esquire
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LEHIGH
ss:
Before me, the undersigned authority, personally appeared Thomas A. Capehart, Esquire,
who being duly sworn according to law, doth depose and say that he is the attorney for Sovereign
Bank and as such is authorized to make this affidavit on its behalf and that to the best of his
knowledge, information and belief, the Defendants, Ronald J. Forry, Jr., and Patricia B. Forry,
a/k/a Patricia Forry are not in the Military or Naval Service of the United States or otherwise
within the provisions of the Soldiers and Sailors Civil Relief Act of 1940 or its amendments.
This fact is verified through a search of the Department of Defense Manpower Data Center,
Military Status report which was completed on August 30, 2011 and indicated that the
Defendants are not on active military duty.
?vw J ,
.Thomas A. Capehart, squire
Sworn to and subscribed before me this
1\? day of August, 2011 A.D.
tary Publi
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CI W!s J. Cierlitsky-Metrick, Notay Public
City 0 Allentown, Lehigh County
My Commission Expires November 22, 2013
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
MORTGAGE FORECLOSURE
DATE OF NOTICE: August 19, 2011
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
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. 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.
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
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 (800) 990-9108
GROSS MCG Y LLP
By???.-vs- L
Thomas A. Cape art, Esq.
Attorney for Plaintiff
Attorney I. D. No. 57440
33 S. 7th Street, PO Box 4060
Allentown, PA 18105-4060
BE ABLE TO
OFFER LEGAL
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
t J
NO. 11-5710-Civil r'?
MW zrn ?
-
Z:m - r
-<> c-n a.
r=te --?c?
<cD
z =_n
X
o F;
CD
MORTGAGE FORECIPSEp
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
I, 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, PA 17128-0948; $2,221.56; dated 04/4/11;
No. 2011-4198 Civil, Cumberland County records.
c) Pennsylvania State Employees Credit Union, 1 Credit Union
Place, Harrisburg, Pennsylvania 17101; $4,465.89; dated 10/6/11; No. 2011-7657
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, Reading, Berks County,
Pennsylvania 19601; $145,000.00; recorded 3/13/06; Mortgage 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: _ 4Z?Vz4
Thomas A. Capehar , Esquire
Attorney for Plaintiff
Attorney I. D. #57440
33 S. 7th Street, PO Box 4060
Allentown, PA 18105-4060
(610) 820-5450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN&V.VA34IA-
CIVIL DIVISION - LAW X.rn
- r
cnr
r-x
) NO. 11-5710-Civil
SOVEREIGN BANK
,
?
Plaintiff )
?
vs.
RONALD J. FORRY, JR. and
PATRICIA B. FORRY a/k/a PATRICIA )
FORRY, Husband and Wife, )
Defendants ) MORTGAGE FORECLO SURE
PRAECIPE FOR SUBSTITUTION OF SUCCESSOR PLAINTIFF
PURSUANT TO PENNSYLVANIA R.C.P. No. 2352
TO THE PROTHONOTARY:
Kindly substitute the Plaintiff Sovereign Bank, with Sovereign Bank, N.A., formerly
known as Sovereign Bank.
STATEMENT OF MATERIAL FACTS
1. On or about February 23, 2006, the Defendants executed and delivered a Mortgage
to Sovereign Bank
2. At the time of the filing of the within action Sovereign Bank was the holder of the
Mortgage and Home Equity Line of Credit Agreement.
3. On or about January 26, 2012, Sovereign Bank converted from a Federal Savings
Bank to a National Association. As a result of the change in Charter, Sovereign
Bank is now known as Sovereign Bank, N.A.
WHEREFORE, Sovereign Bank N.A., is the successor Plaintiff to Sovereign Bank and the
correct name of the Plaintiff should now be Sovereign Bank. N.A., formerly known as
Sovereign Bank.
Date: '7z'
t
GROSS MCGINLEY LLP
By:
Thomas A. Capehar , Esq.
Attorney for Plaintiff
Attorney I. D. No. 57440
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYTAA m,
CIVIL DIVISION - LAW :x
rzt?
?e ...,
-A- I
-n
-
-__
r
SOVEREIGN BANK
N.A. formerly known ) NO. 11-5710-Civil r
,
as Sovereign Bank
) <
,
Plaintiff ) 3>c?
VS. CD 's
RONALD J. FORRY, JR. and ) r
PATRICIA B. FORRY a/k/a PATRICIA )
FORRY, Husband and Wife,
Defendants
MORTGAGE FORECLOSURE
PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF
TO THE PROTHONOTARY:
Kindly mark the Judgment in the above-captioned matter to the use of Sovereign Bank,
N.A., formerly known as Sovereign Bank which an address of 601 Penn Street, Reading,
Pennsylvania 19601.
GROSS MCGINLEY LLP
Date:
By.
Thomas A. Capehart, sq.
Attorney for Plaintiff
Attorney I. D. No. 57440
?9.Sz' pd
c#3g'ez s
ofAllig?
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r p I.
Sheriff1?'?tr o : s? e??firr/ 21 ?v !?
Jody S Smith 1012 A 3 26 AH 8, 5,
Chief Deputy
Richard W Stewart CUMBERLAND CQUjj s y
PENNSYLVA, NIA
Solicitor
Sovereign Bank Case Number
vs. 2011-5710
Ronald James Forry, Jr (et al.)
SHERIFF'S RETURN OF SERVICE
12/28/2011 04:11 PM - Deputy Gerald Worthington, being duly sworn according to law, states service was performed
by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action
upon the property located at 905 Chester Road, Enola, Cumberland County, PA 17025.
12/28/2011 04:11 PM - Deputy Gerald Worthington, being duly sworn according to law, attempted service to the
Defendant, to wit: Ronald James Forry, Jr at 905 Chester Road, East Pennsboro Township, Enola, PA
17025. The Defendant was found to have moved.
12/28/2011 04:11 PM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real
Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the
same time personally handing a true copy to a person representing themselves to be the Defendant, to
wit: Patricia Forry at 905 Chester Road, East Pennsboro Township, Enola, Cumberland County, PA
17025.
01109/2012 09:46 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be the Defendant, to wit: Ronald
James Forry, Jr at 29 S. East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County.
01/30/2012 Amended Affidavit of Service to Lienholders filed in Sheriffs Office
03/21/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2012 at 10:00
AM. He sold the same for the sum of $1.00 to Attorney Capehart, on behalf of Sovereign Bank at 601
Penn Street, 10-6438-FB4, Reading, Pennsylvania, 19601. Sovereign Bank, being the buyer in this
execution, paid to the Sheriff the sum of $920.23.
03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED.
SHERIFF COST: $920.23 SO ANSWERS,
March 21, 2012 RON R ANDERSON, SHERIFF
;ci CGUniy ui!e 3berifl '(eieosoff I.
y?- eo
?7 -00 hod • ? _
sc)
, 7;.:2-63
's
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
MORTGAGE FORECLOSURE
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
I, 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, PA 17128-0948; $2,221.56; dated 04/4/11;
No. 2011-4198 Civil, Cumberland County records.
c) Pennsylvania State Employees Credit Union, 1 Credit Union
Place, Harrisburg, Pennsylvania 17101; $4,465.89; dated 10/6/11; No. 2011-7657
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, Reading, Berks County,
Pennsylvania 19601; $145,000.00; recorded 3/13/06; Mortgage 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 4Z?0Z
.=?? ??.K "Y-294/e,
Thomas A. Capehar , Esquire
Attorney for Plaintiff
Attorney I. D. #57440
33 S. 7th Street, PO Box 4060
Allentown, PA 18105-4060
(610) 820-5450
r
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
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:
r
a) Sovereign Bank, 601 Penn Street, Reading, Berks County,
Pennsylvania 19601; $145,000.00; recorded 3/13/06; Mortgage 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:
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
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
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PA. R.C.P. 3129
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 1000 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: t
By: ::Z
Thomas A. Capehart, squire
Attorney for Plaintiff
I. D. No. 57440
33 S. 7th Street, PO Box 4060
Allentown, PA 18195-1014
8 0 :11 V L Z 100 HOI
i '
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 11-5710 Civil
COUNTY OF CUMBERLAND) 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: 9/0 Due Prothy: $2.00
Atty Paid: $197.50 Other Costs:
Plaintiff Paid:
Date: 10/27/11
David D. Buell, Prothon to
(Seal)
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
TRUE COPY FROM RECORD
In Testimony whereof. I here unto set my hand
and the Sao d said Court at Carlisle. Pa.
QA 'iws42" daYd 201_
\eu& IC Prothonotary
,?
Supreme Court ID No. 57440
On November 2, 2011 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered as, 905 Chester Road,
Enola, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date November 2, 2011
By:
Real Estate Coordinator
CUMBERLAND LAW JOURNAL
Writ No. 2011-5710 Civil Term
Sovereign Bank
vs.
Ronald J. Forry, Jr. and
Patricia B. Forry a/k/a Patricia
Forry, husband and wife
Atty.: Thomas Capehart
All that certain piece or parcel
of land situate in East Pennsboro
Township, Cumberland County,
Pennsylvania, being more particu-
larly bounded and described in ac-
cordance 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.
38
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:
January 27, February 3, and February 10, 2012
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.
'j 1a Marie Coyne, itor
SWORN TO AND SUBSCRIBED before me this
4 0 day of February, 2012
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
ti
,'-The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
Z4 e Patti* ot News
NOw you know
CARLISLE PA 17013
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
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of T he 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
This ad ran on the date(s) shown below:
Sworn to and'bscribe e re a thie24 y of'February, 2012 A. D.
t'
Notary ublic
COMMONWEALTH OF PENNSriVANIA
Notarial Seal
Sherrie L. Owens, Notary Pubk
Lower Paxton Twp., Dauphin County
My Commission Expires Nov. 26, 2015 j
MEMBER, PENNSYLVANIA ASSOCJATIAN OF NOTARIES
01/27/12
02/03/12
02/10/12
2011.5710 CM1 Term
sown Bank
konal
forry d J. Forty, W. Jr, and Patrlcla
B husband P f erry,
Atrt Thomas CsPehart
situate All that certain piece or parcel of land
in East pennsboro Township
more Cumberland County, Pennsylvania, be
ing
Particularly bounded and de bed
and land dance with a final subdivision
Pmen
a, t plan for George
Sulle berger, Jr.,
77, Page 20, as follows•
Side ide Of of Ch in Plan Book
h at a point located on the westerly
ester Road and at the dividing
line of Lot No. 2 and Lot No 3 on the
along the western sae' thencecontinuing
South 22 degrees 40 of ester Road
East a dilan
s minutes 00 seconds
tl a di ' ce of 110.01 feet to a point at
tiding line of Lot N0.3 and Lot No.
On the tinuingn in entionedplan. thence
?n
3) following alog u said dividing line the three
South 67 deg cewses and distances: (1) inutes West a distancce of34.779 feetto a post 2)
North 77degrees 40min
West a distance of 91 utes 58 seconds
and to .97feet to a point
seconds W st a 22 dirt degrees 23 minutes 27
Point 1 ance ted on °f 58.56 feet to a
nd Lot 3 the dividing Line of t 2
on the above thence con i mentioned plan ' 1,
'le e North (tnuing along sard dividin
erroneously desct- ed on Pl
as South) 68 degrees 00 minutes 00 seco ,s
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 E 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. Forty, Jr. and Patricia Forry,
husband and wife, their heirs and assigns.
r .
the'patriot-Xtws
Now you know
2020 Technology Parkway
Mechanicsburg, PA
(717) 255-8237
BILL TO: Cumberland County Sheriffs Office
Cumberland County Court House
Carlisle, PA 17013
ACCT. #
2260
DUPLICATE BILL
Of Ad
01/27/12
02/03/12
02/10/12
Sheriff Sale 5710 7.84 $12.00 $ 94.08
Sheriff Sale 5710 7.84 $12.00 $ 94.08
Sheriff Sale 5710 7.84 $12.00 $ 94.08
Notary Fee I I I I I I 1 $5.00
TOTAL DUE FOR THIS SALE: $ 287.24
JLC
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Sovereign Bank N.A. is the grantee the same having been sold to said
grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 27 day
of October, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011
Number 5710, at the suit of Sovereign Bank against Ronald J. Fogy Jr. and Patricia B. Form
Patricia Forry is duly recorded as Instrument Number 201212112.
IN TESTIMONY WHEREOF, I have hergunto set my hand
and seal of said office this 4 day of
A.D.
n
Recorder of Deeds
Rmdm of Onk QmtwW Cm ft CarW PA
My Commission Fires tlta FW Monday of Jan. 2014