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HomeMy WebLinkAbout13-3379 Supreme Co ennsylvania COur f o mo leas For Prothonotary Use Only: r M C it V40 t F 7 ....; w Docket No: STR Cu `BEN County l3 33 r The information collected on this form. is used solely_for court administration purposes. Tl is form. does not supplement or replace the and service ofpleadings or other papers as required by law or rules ofcourt. Commencement of Action: El Complaint ® Writ of Summons © Petition S ! El Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: C RIVERVIEW BANK DONALD E. BRYSON T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? 0 Yes ® No (check one) outside arbitration limits O 4 ! N Is this a Class Action Suit? ® Yes No Is this an MDJAppeal? (3 Yes El No A Name of Plaintiff /Appellant's Attorney: ROBERT G. RADEBACH, ESQUIRE ® Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. t TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies E3 Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle © Debt Collection: Other © Board of Elections i ® Nuisance Dept. of Transportation 13 Premises Liability Statutory Appeal: Other S © Product Liability (does not include mass tort) [3 Employment Dispute: E Discrimination ® Slander/Libel/ Defamation j C [3 Other: [3 Employment Dispute: Other 13 Zoning Board � ©Other: T , I ® Other: ` O MASS TORT f i 0 Asbestos N ® Tobacco { ® Toxic Tort -DES ' ® Toxic Tort - Implant RED,, PROPERTY MISCELLANEOUS 0 Toxic Waste Other: 13 Ejectment [3 Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation [3 Declaratory Judgment Ground Rent Mandamus 0 Landlord/Tenant Dispute r3 Non - Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order i PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto 13 Dental El Partition E3 Replevin ! 13 Legal 13 Quiet Title Other: ® Medical ❑J Other: ® Other Professional: i Updated 111/2011 f ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RNERVIE BANK. Okla FIRST NATIONAL BANK OF WRYSVILLE.a DMiw el Riverview Nelloml Bank Plaintiff CIVIL ACTION - LAW Cl vs 2 c NO. 13 33 / DONALD E. BRYSON and REBECCA A. BRYSON - uT Mcn .` c Defendant MORTGAGE FORECLOSURE- c, CD r .. ,-' 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 AN 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 /0/ Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717- 896 -2666 robradebachatty @aol.com PA. ID# 19255 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k /a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAW Plaintiff vs. NO. DONALD E. BRYSON and : REBECCA A. BRYSON, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants COMPLAINT 1. The Plaintiff, Riverview Bank, f /k/a First National Bank of Marysville, a Division of Riverview National Bank, Mortgagee, is a banking corporation having an office at 200 Front Street, Marysville, Perry County, Pennsylvania 17053. 2. The Defendant, DONALD E. BRYSON, is an adult individual who resides at 111 Valley View Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant REBECCA A. BRYSON, is an adult individual who resides at 111 Valley View Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. On August 20, 2009, the Defendants, DONALD E. BRYSON and REBECCA A. BRYSON, executed and delivered a Mortgage upon premises as hereinafter described to the First National Bank of Marysville, a Division of Riverview National Bank, now known as Riverview Bank which Mortgage is in the principal amount of $206,000.00. Said Mortgage was duly recorded on August 27, 2009, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200930116. 5. Said Mortgage has not been assigned. 6. The premises subject to the lien of the Mortgage are described as follows: Tract No. 1: 111 Valley View Drive ALL THAT CERTAIN piece or parcel of land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern right -of -way line of public road L.R. 21019 at the dividing line between Lots Nos. 3 and 4 as shown on the Plan of Lots hereinafter mentioned; thence along the dividing line between Lots Nos. 3 and 4 as shown on said Plain of Lots, South thirteen degrees (13 twenty -five minutes (25') East, a distance of two hundred thirty -four feet (234') to a point at line of lands now or formerly of Mervin A. Raudabaugh; thence along the said line of lands now or formerly of Mervin A. Raudabaugh, South seventy -six degrees (76 °) thirty -five minutes (35') minutes West, a distance of one hundred eighty -seven feet (187') to a point at the Southeast corner of Lot No. 2, as shown on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots Nos 3 and 2 as shown on said Plan of Lots, North thirteen degrees (13') twenty -five minutes (25') West, a distance of two hundred thirty-four feet (234') to a point on the Southern right -of -way line of public road L.R. 21019 first mentioned above; thence along said Southern fight -of -way line of public road L.R. 21019, North seventy -six degrees (76 °) thirty -five minutes (35') East, a distance of one hundred eighty -five and seventy -five hundredths feet (185.75') to a point on the same at the dividing line between Lots Nos. 3 and 4 as shown on the Plan of Lots hereinafter mentioned, to the point and place of BEGINNING. BEING Lot No. 3, as shown on the Plan of Lots laid out by William B. Whittock, Professional Engineer, on June 20, 1968, for Mervin A. Raudabaugh entitled Section B. "Valley View Acres ", said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 16, Page 73, and having thereon erected a one story brick dwelling house. UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior record pertaining to said premises. BEING designated as Cumberland County UPI: 38 -06- 0013 -022. BEING the same premises which John J. Venesky, by deed dated August 20, 2009, and recorded August 27, 2009, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200930115, granted and conveyed unto DONALD E. BRYSON and REBECCA A. BRYSON, husband and wife, Mortgagors and Real Owners. Tract No. 2: 279 Susquehanna Avenue ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point :on the East side of Wyoming Avenue at the southern extremity of the arc or curve having a radius of 10 feet connecting the East side Of Wyoming Avenue and the South side of Susquehanna Avenue; thence Northeastwardly by the said arc or curve having a radius of 10 feet, 15.781 feet to a point on the South side of Susquehanna Avenue at the northern extremity of said arc or curve; thence along the southern line of Susquehanna Avenue, North 79 degrees. 40 minutes East, 50 feet to a point at the corner of lands now or late of Joseph Eichel; thence by said lands, South 10 degrees 20 minutes East, 152 feet to a point; thence South 79 degrees 40 minutes West, 60 feet to a point at the east Side of Wyoming Avenue; thence along the East side of Wyoming Avenue, North 10 degrees 20 minutes West 142 feet to the point and place of BEGINNING. HAVING thereon erected premises known as No. 279 Susquehanna Avenue. BEING designated as Cumberland County UPI: 09 -14- 0832 -092 BEING the same premises which William C. McDonald AND Mary P. McDonald, husband and wife, by deed dated March 2, 1994, and recorded March 7, 1994, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Deed Book 1092, Page 336, granted and conveyed unto DONALD E. BRYSON and REBECCA A. BRYSON, husband and wife, Mortgagors and Real Owners. 7. Said Mortgage is in default because the Defendants have failed to make the monthly installments payments due on October 2, 2012, and thereafter on a regular basis. The following amounts are due on said Mortgage: Principal Amount Due $ 199,474.20 Accrued Interest $ 7,302.01 Accrued late charges $ 481.12 Attorney collection fee $ 9,973.71 TOTAL AMOUNT DUE $ 217,231.04 8. The purpose of the filing of this Complaint in Mortgage Foreclosure is to proceed to have the in described premises sold by the Sheriff of Cumberland County at a judicial sale pursuant to the statutory provisions of the Commonwealth of Pennsylvania and pursuant to the applicable rules of Court relevant to Mortgage Foreclosure as promulgated by the Supreme Court of Pennsylvania. 9. Plaintiff avers that notices required by Act 6 of 1974, and Act 91 of 1993, were given to the Defendants on February 26, 2013. WHEREFORE, Plaintiff demands judgment against the Defendants for the total amount of $217,231.04, together with interest at $33.82935 per day from June 5, 2013, all costs of suit, and for the Foreclosure and Sale of the said premises described in Paragraph 6 above. Re pee"yub , Rob ert G. Radebach, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k /a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAW Plaintiff vs. NO. DONALD E. BRYSON and REBECCA A. BRYSON, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants AFFIRMATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 2oj3 RIVERVIEW BANK, f /k /a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, By: qW W " 1 4 11 A. Wim Van Olden, Vice President Chief Credit Officer APPENDIX A Date: February 26, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is Drovided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the Program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsvlvania Housing Finance Agency toll free at 1- 800 - 342 -2397 (Persons with impaired hearing can call (717) 780 -1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICA06N EN ADJUNTO ES DE SUMA E"ORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR MNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRkSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDE%M SU HIPOTECA. Page 1 of 5 • t1V1VIX V VV1Nr.K•J nAIVLL4(a): 1)onalo L'. Bryson Rebecca A. Bryson PROPERTY ADDRESS: 279 Susquehanna Ave. Enola, PA 17025 LOAN ACCT. NO.: # 229609 ORIGINAL LENDER: First National Bank of Marysville CURRENT LENDER/SERVICER: FirstNational Bank of Marysville, nka Marysville Bank, a Division of Riverview Bank 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 MORTGAGE 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•o£ foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). 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 WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agency 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 telephone numbers of designated consumer credit counseling agencies for the county in which the property 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.) 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. To temporarily stop the lender from filing 'a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITFI N 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 2 of 5 s 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 Act. 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 requirement is 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, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. y ou have filed ba:nkruptey you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT Brim it up to date) NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: IS SERIOUSLY:IN DEFAULT because: A. YOU HAVE NOT MAIDE.MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Full monthly payment for November 25 2012 ($1.285.17). December 25 2012 ($1,285.17), January 25 2013 ($1,285.17) and February 25, 2013 ($1.285.17) totaling: $5 140'68 Other charges (explain/itemize): Late charges $ 288.34 TOTAL AMOUNT PAST DUE: $5,429.02 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 5,429.02 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: . Riverview Bank 200 Front Street, P. O. Box B Marysville, PA 17053 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Page 3 of 5 IF YOU DO NOT CURE THE DEFAULT —If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage 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 (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged 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 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 costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER 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 SHERIFF'S SALE -- if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due. plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 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 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. HOW TO CONTACT THE LENDER: Name of Lender: Riverview Bank Address: • 200 Front Street, P. O. Box B Marysville, PA. 17053 Phone Number: (717) 8274045 Fax Number: 4 717) 9574578 Contact Person: A. Wim van Olden, Chief Credit Officer E -Mail Address: wvanolden(a)riverviewbankna.com 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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or X may not (CHECK ONE) 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. Page 4 of 5 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY jRU in a list of all Counseling Agencies listed in Appendix C FOR THE COUNTY in which the property is located using additional pages if necessary) CUMBERLAND County Advantage Credit Counseling Service/CCCS Of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of YorkYY Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717- 2645913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 3341518 717- 780 -3940 800 - 342 -2397 FORM 1 RIVERVIEW BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. DONALD E. BRYSON and REBECCA A. - w- BRYSON, p — 3.3 M C__ Defendant(s) CivwE 7 J fi r`_; C c~ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 7 ; DIVERSION PROGRAM "?- - = You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM,IS REE. Respe ull sub i d: June 11, 2013 Date Sign ature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMAR Y APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 RIVERVIEW BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. DONALD E. BRYSON and RFRFCY:A A_ RRYSON O Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served. with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference: The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 RIVERVIEW BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. DONALD E. BRYSON and REBECCA BRYSON, Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of 1 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. S. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4,,rat�:�runr iii" > �� C ice' Jody S Smith Viol' 'Z 1 ,U l i¢ `';` Chief Deputy 20(3JU !� 1, Richard W Stewart ` ' + Solicitor O;>F','rE FTPES RIF-P CUIMBERLA U C(3IATY PEMS YLVA NIA Riverview Bank Case Number VS. Donald E Bryson(et al.} 2013-3379 SHERIFF'S RETURN OF SERVICE 06/13/2013 07:55 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Donald E Bryson at 111 Valley View Drive, Silver Spring Twp., Mechanicsburg, PA 177050. RYAN BURGETT, DE PV' 06/19/2013 Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Chelsie Motes, Grand-daugher of defendant, who accepted as"Adult Person in Charge"for Rebecca A Bryson at 279 Susquehanna Avenue, E. Pennsboro Township, Enola, PA 17025. BURGETT, D SHERIFF COST: $72.71 SO ANSWERS, June 21, 2013 RONNY R ANDERSON, SHERIFF (a)CountySuite Sheriff,Teleosoft,Inc. FORM 3 RIVERVIEW BANK IN THE COURT OF COMMON PLEAS M CUMBERLAND COUNTY,PENNSYLVfip Plaintiff s) rn Cc C_=M rte'=::Q 'r -r,r-n T (,Or- — ;:VCD VS. ko -0 DONALD E. BRYSON and RFRFrrA A. RRYSON a / 2- C) Defendant(s) 70 REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which Is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities Signature of 6rddant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date RIVERVIEW BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-3379 CIVIL z� c -- -,_DFf.: DONALD E. BRYSON and tia REBECCA A. BRYSON, _' Defendants CASE MANAGEMENT ORDER AND NOW, this d% a day of July, 2013, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on YgLO , at / m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendantiborrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendantiborrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, v'be c t S Kevin . Hess, P.J. ✓Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 For the Plaintiff • �nI Susan Hartman, Esquire a One Irvin Row 2 Carlisle,PA 17013 For the Defendant :rhn RIVERVIEW BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-3379 CIVIL �r, C#) DONALD E. BRYSON and c=nA REBECCA A. BRYSON, r-2: Defendants 5--.© -� IN RE: CONCILIATION CONFERENCE _f en Present at a conciliation conference held September 5, 2013, were Robert Radebach, Esquire, attorney for the plaintiff; Susan Hartman, Esquire, attorney for the defendants; Wim Van Olden, a representative of Riverview Bank; and the homeowners, Donald and Rebecca Bryson. This matter will be continued generally pending receipt of a stipulation and proposed order from the parties. ORDER AND NOW,this s day of September, 2013, following conciliation conference, this matter is continued generally pending receipt by the Court of a stipulation and proposed order removing this case from the Mortgage Foreclosure Conciliation Program. BY THE COURT, Kev' A. Hess, P. J. ✓ Robert Radebach, Esquire For the Plaintiff V1.1-<usan Hartman, Esquire For the Defendants (26 I'QT Nat LL 1f;)F.3 '±ry) LEJ13 SEP 30 PH 2: 5f C UMBERL A tL) U Uj't ' r�;J IN THE COURT OF COMMON PLEAS PENNSYLVANIA' CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f/k/a • FIRST NATIONAL BANK OF • MARYSVILLE, a Division of RIVERVIEW NATiONAL BANK, : CIVIL ACTION - LAW Plaintiff vs. : NO. 13-3379 CIVIL DONALD E. BRYSON and REBECCA A. BRYSON, : MORTGAGE FORECLOSURE Mortgagors and Real Owners, • Defendants STIPULATION OF PARTIES And now, September d1, 2013, it is agreed by and between Plaintiff, RIVERVIEW BANK, and Defendants, DONALD E. BRYSON and REBECCA A. BRYSON, as follows: 1. Defendants agree to pay all currently delinquent taxes on the property at 111 Valley View Road, Mechanicsburg, PA and to make necessary repairs to the roof of that property. 2. Defendants admit the allegations in the Complaint filed in this action and agree that Plaintiff may enter Judgment against them in this action. 3. Defendants further agree to execute a Deed in Lieu of Foreclosure for 111 Valley View Road, Mechanicsburg, PA, to be held in escrow by counsel for Defendants. 4. Plaintiff agrees to forebear with execution proceedings in this action until February 25, 2014. 5. Plaintiff further agrees that if Defendants are able to make a sale of the property at 279 Susquehanna Avenue, Enola, PA, for its fair market value, on or before February 25, 2014, Plaintiff will release the Mortgage on that property in exchange for payment of the net proceeds realized after payoff of the first mortgage on that property. 6. In the event that Defendants cannot sell the property at 279 Susquehanna Avenue, Enola, PA, by February 25, 2014, then the Deed in Lieu will be released to Plaintiff and execution proceedings in this action can proceed. 7. In the event that the mortgage is reinstated and Defendants make all regular monthly payments and have stable income through the balance of the balloon period of the mortgage, then Riverview will consider extending the loan for another balloon period. RIVERVIEW BANK By: ���� '� � A. Wim Van Olden, Vice President DONALD E. BRYS4 Chief Credit Officer O:E PA! Cr.A. BRYS. - Robert G. Radebach, Esquire Susan Hartm. , Esquire Attorney for Plaintiff Attorney for r■efendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f/k/a • FIRST NATIONAL BANK OF • MARYSVILLE, a Division of • RIVERVIEW NATIONAL BANK, • CIVIL ACTION - LAW Plaintiff • vs. NO. 13-3379 CIVIL DONALD E. BRYSON and • REBECCA A. BRYSON, • MORTGAGE FORECLOSURE Mortgagors and Real Owners, • Defendants • ORDER OF COURT And now, r- 8` , 2013, upon presentation and consideration of the within Stipulation at the suggestion of counsel for the parties it is hereby Ordered and Decrees as follows: 1. The Court hereby approves the within Stipulation and makes it a part of this Order. 2. it is further ORDERED and DECREED that the Automatic Stay of the Cumberland County Residential Mortgage Foreclosure Diversion Program is lifted and this action may proceed in accordance with the terms of the within Stipulation. BY THE COURT: J. mQ) c �,. tribution: 9uR bert Radebach, Esquire, 912 North River Road, Halifax, PA 17032 -<:1 co san Hartman, Esquire, 1 Irvine Row, Carlisle, PA 1 9//3 _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIAL-, M C=) r BANK, f/k/a FIRST NATIONAL BANK OF MARYSVILLE, a Division of > RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAVWcD- Plaintiff VS. NO. 13-3379 CIVIL DONALD E. BRYSON and REBECCA A. BRYSON, MORTGAGE FORECLOSURE Defendants PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendants in the action above-captioned in accordance with Stipulation and Order of Court entere ctober xx, 2013, and assess damages as follows: Principal amount due 217,2, .0 4 Interest from 06/05/2013- 1 0/XXXJ2013 at$34.84 per them $,,<727.88 Total Amount Due -$220,958.92 And costs. Dated: October 10, 2013 Robekr(, adebach, Esquire 912 No rhRiver Road Halifax, PA 17032 Attorney for Plaintiff (717)896-2666 AND NOW, this 10th day of October, 2013, judgment upon stipulation is hereby entered in favor of Plaintiff and against the Defendants in the action above-captioned in the amount of$220,958.92, together with interest at t rate of 6% per annum. -5-0 06/ 1.3.3 ell A103'e2 1AP111V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANJA RIVERVIEW BANK, f/k/a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION - LW. Plaintiff VS. NO. 13-3379 CIVIL DONALD E. BRYSON and REBECCA A. BRYSON, MORTGAGE FORECLOSURE Defendants To: DONALD E. BRYSON & REBECCA A. BRYSON, Defendants You are hereby notified that on October 10, 2013,the following Judgment has been entered against you in the above-captioned case - Judgment by Stipulation for $220,958.92. 340 4W DATE:— Prothonotary I hereby certify that the name and address of the proper persons to receive this notice under Pa. R. Civ. P. 236 is: Donald E. Bryson Rebecca A. Bryso 111 Valley View Drive 111 Valle V* riv Valley �' Mechanicsburg, PA 17050 Mechanicsbu PA 7050 Susan Hartman, Esquire 1 Irvine Row Carlisle, PA 17013 fkob'�r/t4�;. Radebach, Esquire 912�North River Road Halifax, PA 17032 Attorney for Plaintiff (717)896-2666 PA. ID#: 19255