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HomeMy WebLinkAbout13-3602 Supreme CO `'� n nsylvania COu Cnl o leas For Prothonotary Use Only: Docket No: Cu .. �' County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S M Complaint ® Writ of Summons 13 Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: RIVERVIEW BANK RICHARD E. HARPER T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? M Yes ®No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? Yes D 'No A Name of Plaintiff /Appellant's Attorney: ROBERT G. RADEBACH ® Check here if you have no attorney (are a Self- Represented [Pro Se] 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. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional [3 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle 13 Debt Collection: Other E3 Board of Elections © Nuisance Dept. of Transportation Premises Liability 8 Statutory Appeal: Other S El Product Liability (does not include mass ton) Employment Dispute: E Other: ® Discrimination C /Libel/ Defamation Employment Dispute: Other ® Zoning Board � Other: , Other: I ® Other: O MASS TORT Asbestos N ® Tobacco Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS I ll Toxic Waste ® Ejectment 0 Common Law /Statutory Arbitration B Other: [3 Eminent Domain/Condemnation � Declaratory Judgment Ground Rent Mandamus ®Landlord/Tenant Dispute ® Non- Domestic Relations ` El Mortgage Foreclosure: Residential Restraining Order { PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial O Quo Warranto 13 Dental ® Partition ® Replevin © Legal [] Quiet Title Other: i l3 Medical 13 Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK Plaintiff N vs 3. cn� ry "Cl RICHARD E. HARPER & DEBORAH J. HARPER �� "' a c, 'r- - n Defendant r c-> � : r 7 :Zo c co ,.. 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 /d C#13;2000 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. RICHARD E. HARPER and DEBORAH J. HARPER, 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, RICHARD E. HARPER, is an adult individual who resides at 1942 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant DEBORAH J. HARPER, is an adult individual who resides at 1942 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. On November 16, 2009, the Defendants, RICHARD E. HARPER and DEBORAH J. HARPER, 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 $417,000.00. Said Mortgage was duly recorded on November 25, 2009, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200939646. 5. Said Mortgage has not been assigned. 6. The premises subject to the lien of the Mortgage are described as follows: ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 103 as shown on the Plan entitled Pinehurst Final Subdivision Plan Phase IVB, dated August 22, 1996, and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in an easterly right -of -way line of Monterey Drive (50 foot right -of -way) and being a southerly corner of Lot No. 104; thence along Lot No. 104, North eighty -two degrees (82 °) forty seven minutes (47') forty -four seconds (44 ") East, one hundred eighty -seven and thirty -one hundredths feet (187.31') to an iron pin, being an easterly corner of Lot No. 104 and lying in a westerly corner of lands now or formerly of Jack A. and Patricia L. Brightbill; thence along said lands, South nine degrees (09 twenty -four minutes (24') fifteen seconds (15 ") East, one hundred ninety -five and zero hundredths feet (195.00') to an iron pin, being a southerly corner of lands now or formerly of Brightbill and lying in a northerly line of Lot No. 101; thence along Lots No. 101 and 102, South eighty -two degrees (82 °) forty -seven minutes (47') forty -four seconds (44 ") West, one hundred ninety -four and seventy -nine hundredths feet (194.79') to an iron pin, being a westerly corner of Lot No. 102 and lying in an easterly right -of -way line of Monterey Drive; thence along said right -of -way, North seven degrees (07 twelve minutes (12') sixteen seconds (16 ") West, one hundred ninety -four and eighty -six hundredths feet (194.86') feet to an iron pin, being the place of BEGINNING. CONTAINING 0.855 acre and being known and numbered as 1942 Monterey Drive. Lot No. 103 is subject to a wetland area, being bounded and described as follows: BEGINNING at a concrete monument, lying in a northerly line of Lot No. 102 and lying in a southerly line of Lot No. 103; thence traversing through Lot No. 103, North seven degrees (07 forty -two (42') twenty-six (26 ") West, fifty -nine and seventy hundredths feet (59.70') to a concrete monument; thence South eighty-five degrees (85°) twenty -five minutes (25') twenty-four seconds (24 ") East, one hundred forty -six and ninety -five hundredths feet (146.95') to a concrete monument; thence South seventy -two degrees (72 °)eighteen minutes (18') twenty-five seconds (25 ") East, thirty -six and sixty -three hundredths feet (36.63') to a concrete monument; thence South sixty -eight degrees (68 °) eight minutes (08') sixteen seconds (16 ") West, fifty -six and thirty - nine hundredths feet (56.39') to a concrete monument, lying in a southerly line of Lot No. 103 and lying in a northerly line of Lot No. 102; thence along said line, South eighty -two degrees (82 °) forty -seven minutes (47') forty -four seconds (44 ") seconds West, one hundred twenty -two and zero hundredths feet (122.00') to a concrete monument, being the place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated October 4, 1989, and recorded October 5, 1989, in Cumberland County Miscellaneous Book 370, Page 86, as adopted by Amendment dated December 4, 1996, and recorded December 6, 1996, in Cumberland County Miscellaneous Book 536, Page 398. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Conservation Easement dated December 4, 1996, and recorded December 6, 1996, in Cumberland County Miscellaneous Book 536, Page 393 BEING designated as Cumberland County UPI: 10 -14- 0842 -141. BEING the same premises which KRESTU A. TSENOFF and MELISSA TSENOFF, husband and wife, by deed dated August 26, 2005 and recorded September 8, 2005, in the Office of Recorder of Deeds of Cumberland County, Pennsylvania at Record Book 270, Page 4345, granted and conveyed unto RICHARD E. HARPER and DEBORAH J. HARPER. 7. Said Mortgage is in default because the Defendants have failed to make the monthly installments payments due on January 1, 2013, and thereafter on a regular basis. The following amounts are due on said Mortgage: Principal Amount Due $ 403,840.44 Accrued Interest $ 19,054.69 Accrued late charges $ 3,778.21 Attorney collection fee $ 20,192.02 TOTAL AMOUNT DUE $ 446,865.36 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 May 13, 2013. WHEREFORE, Plaintiff demands judgment against the Defendants for the total amount of $446.865.36, together with interest at $36.232 per day from June 18, 2013, all costs of suit, and for the Foreclosure and Sale of the said premises described in Paragraph 6 above. Re pec. Ily ub tte Robert 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. RICHARD E. HARPER and DEBORAH J. HARPER, 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: 4 � A -. 11 RIVERVIEW BANK, f /k /a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, A. Wim VanOlden, Vice President Chief Credit Officer Date: May 13, 2013 ACT 6 & 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 provided 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 Pennsylvania 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 6 HOMEOWNER'S NAME(S): Richard E. Harper Deborah J. Harper PROPERTY ADDRESS: 1942 Monterey Drive Mechanicsburg, PA 17050 LOAN ACCT. NO.: 800002016 229911 228639 ORIGINAL LENDER: First National Bank of Marysville, n/k/a Marysville Bank a Division of Riverview Bank CURRENT LENDER/SERVICER: 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 of 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 Page 2 of 6 YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 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. 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. If you have filed bankruptcy ou can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 1942 Monterey Drive Mechanicsburg PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Loan 800002016 — February 1 2013 $1,578.50; March 2013, $1,578.50; April 2013, $1,578.50, May 2013, $1,578.50; plus late charges of $1,244.82 Total Amount Past Due for Loan 800002016 - $7,558.82 Loan 229911 - January 2013 $683.76, February 2013 $1,509.12; March 2013 $1,509.12; April 2013 $1,509.12; May 2013 $1,509.12 plus late charges of $3,627.29 Total Amount Past Due for Loan 229911- $10,347.53 Loan 228639 — FebruM 2013 $2,083.32; March 2013 $2,083.32; April 2013 $2,083.32; May 2013 $2,083.32; plus late charges of $5,330.56 Total Amount Past Due for Loan 228639 - $13,663.84 TOTAL AMOUNT PAST DUE: $31,570.19 (aggregate of all past due amounts) Page 3 of 6 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 $31,570.19 (aggregate of all past due amounts) 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: Marysville Bank a Division of 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. 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 paving 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 4 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. Page 4 of 6 HOW TO CONTACT THE LENDER: Name of Lender: Riverview Bank Address: 200 Front Street, P. O. Box B Marysville, PA. 17053 Phone Number: (717) 827 -4045 Fax Number: (717) 957 -4578 Contact Person: A. Wim van Olden, Chief Credit Officer E -Mail Address: wvanolden(ii,)riverviewbankya.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. 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 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Page 5 of 6 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Page 6 of 6 FORM 1 RIVERVIEW BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) C. C-) w � VS. M RICHARD E. HARPER and DEBORAH J. HARPER `> ^' C Defendant(s) Civio .0 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE° 90 i t 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 MU "AICKLY TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PRO G Res ectf a� '27 Date Sign i ture of Cou nsel 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 OMERIPRIMARY APPLICA TIO 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 payine) 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 I/We, , 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. RICHARD E. HARPER and DFRC)RAH .I. HARPFR 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. RICHARD E. HARPER and DEBORAH J. HARPER v Defendants) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 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. ' 5. 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 rm i�ILED GFEICLE Sheriff 3 T HP PRi3TH0IN0 TA Wf xotp Jody S Smith V, 2013 JUN 28 AM 10; 17 Chief Deputy Richard W Stewart CUMBERLAND COUNT`' Solicitor PENNSYLVANIA Rivewview Bank Case Number vs. Deborah J Harper(et al.) 2013-3602 SHERIFF'S RETURN OF SERVICE 06/21/2013 05:50 PM- Deputy Tim Black, being duly sworn according to law, served the requested Affidavit by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Richard Edward Harper at 1942 Monterey Drive, Hampden Township, Mechanicsburg, PA 17050. TIM C , DEPUTY 06/21/2013 05:50 PM - Deputy Tim Black, being duly sworn according to law, served the requested Affidavit by handing a true copy to a person representing themselves to be Richard Harper, husband of defendant, who accepted as"Adult Person in Charge"for Deborah J Harper at 1942 Monterey Drive, Hampden Township, Mechanicsburg, PA 17050. TIM BLACK, DEPUTY SHERIFF COST: $55.76 SO ANSWERS, June 24, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Tcleosolt,Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f/k/a z v' FIRST NATIONAL BANK OF to MARYSVILLE, a Division of Dom' RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAVf Plaintiff r\, ?>� VS. NO. 2013-3602 RICHARD E. HARPER and DEBORAH J. HARPER, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Riverview Bank,(hereinafter"Plaintiff), by its attorney, Robert G. Radebach, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On June 21, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for failure to make monthly payments of principal and interest upon their mortgage due January 1, 2013 and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On June 21, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Sheriffs Return of Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty(20) days of receipt of notice if not represented by counsel. 5. If more than sixty(60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service on June 21, 2013. 7. Since Defendants have opted not to participate in the Diversi Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests at t i m er be re Ved from the Cumberland County Residential Mortgage F clos re iversio rogram and the automatic stay be lifted. Dated: August 29, 2013 Attorne or Plaintiff _ T ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RIVERVIEW BANK Plaintiff . c7 vs mm c— --X: RICHARD E.HARPER&DEBORAH J. HARPER `- • �D N Defendant :r c:) 5:c c"ri cD =� 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 A FORM 1 RIVERVIEW BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. RICHARD E. HARPER and DEBORAHJ. HARPER p Defendants) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 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 represen=QUICKLYTHE pt to wo out reasonable arrangements with your lender before the mortgage foreclosure sui IF YOU WISH TO SAVE YOUR HOME, YOU MUST E THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM 1S FREE. Respectf Ily sub�ed: � U( Date Signatu a ounsel 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: CLISTOMERIPRIMARY APPLICATION 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? CO BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION 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: Assets 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 Su port/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: AUTHORIZATION I/We, ,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. RICHARD E. HARPER and nFR()RAH .I. HARPER Defendants) 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. RICHARD E. HARPER and DEBORAH J. HARPER p Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW,this day of , 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. 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. RICHARD E. HARPER and DEBORAH J. HARPER, 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, RICHARD E. HARPER, is an adult individual who resides at 1942 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant DEBORAH J. HARPER, is an adult individual who resides at 1942 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. On November 16, 2009, the Defendants, RICHARD E. HARPER and DEBORAH J. HARPER, 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$417,000.00. Said Mortgage was duly recorded on November 25, 2009, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200939646. 5. Said Mortgage has not been assigned. 6. The premises subject to the lien of the Mortgage are described as follows: ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 103 as shown on the Plan entitled Pinehurst Final Subdivision Plan Phase IVB, dated August 22, 1996, and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in an easterly right-of-way line of Monterey Drive(50 foot right-of-way)and being a southerly corner of Lot No. 104; thence along Lot No. 104, North eighty-two degrees (820)forty seven minutes(47')forty-four seconds (44")East, one hundred eighty-seven and thirty-one hundredths feet(187.31')to an iron pin, being an easterly corner of Lot No. 104 and lying in a westerly corner of lands now or formerly of Jack A. and Patricia L. Brightbill; thence along said lands, South nine degrees(09°)twenty-four minutes(24')fifteen seconds(15") East, one hundred ninety-five and zero hundredths feet(195.00')to an iron pin, being a southerly corner of lands now or formerly of Brightbill and lying in a northerly line of Lot No. 101; thence along Lots No. 101 and 102, South eighty-two degrees(82°)forty-seven minutes(47')forty-four seconds(44")West, one hundred ninety-four and seventy-nine hundredths feet(194.79')to an iron pin, being a westerly corner of Lot No. 102 and lying in an easterly right-of-way line of Monterey Drive; thence along said right-of-way, North seven degrees(07°)twelve minutes(12')sixteen seconds (16") West, one hundred ninety-four and eighty-six hundredths feet(194.86')feet to an iron pin, being the place of BEGINNING. CONTAINING 0.855 acre and being known and numbered as 1942 Monterey Drive. Lot No. 103 is subject to a wetland area, being bounded and described as follows: BEGINNING at a concrete monument, lying in a northerly line of Lot No. 102 and lying in a southerly line of Lot No. 103; thence traversing through Lot No. 103, North seven degrees(07°)forty-two(42')twenty-six(26")West, fifty-nine and seventy hundredths feet(59.70')to a concrete monument; thence South eighty-five degrees (850)twenty-five minutes(25')twenty-four seconds (24") East, one hundred forty-six and ninety-five hundredths feet(146.95')to a concrete monument; thence South seventy-two degrees(72°)eighteen minutes(18')twenty-five seconds (25") East, thirty-six and sixty-three hundredths feet(36.63')to a concrete monument; thence South sixty-eight degrees(68°)eight minutes(08')sixteen seconds(16")West,fifty-six and thirty- nine hundredths feet(56.39')to a concrete monument, lying in a southerly line of Lot No. 103 and lying in a northerly line of Lot No. 102; thence along said line, South eighty-two degrees(820)forty-seven minutes(47')forty-four seconds(44") seconds West, one hundred twenty-two and zero hundredths feet(122.00')to a concrete monument, being the place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated October 4, 1989, and recorded October 5, 1989, in Cumberland County Miscellaneous Book 370, Page 86, as adopted by Amendment dated December 4, 1996, and recorded December 6, 1996, in Cumberland County Miscellaneous Book 536, Page 398. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Conservation Easement dated December 4, 1996, and recorded December 6, 1996, in Cumberland County Miscellaneous Book 536, Page 393 BEING designated as Cumberland County UPI: 10-14-0842-141. BEING the same premises which KRESTU A. TSENOFF and MELISSA TSENOFF, husband and wife, by deed dated August 26, 2005 and recorded September 8, 2005, in the Office of Recorder of Deeds of Cumberland County, Pennsylvania at Record Book 270, Page 4345, granted and conveyed unto RICHARD E. HARPER and DEBORAH J. HARPER. 7. Said Mortgage is in default because the Defendants have failed to make the monthly installments payments due on January 1, 2013, and thereafter on a regular basis. The following amounts are due on said Mortgage: Principal Amount Due $ 403,840.44 Accrued Interest $ 19,054.69 Accrued late charges $ 3,778.21 Attorney collection fee $ 20,192.02 TOTAL AMOUNT DUE $ 446,865.36 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 May 13, 2013. WHEREFORE, Plaintiff demands judgment against the Defendants for the total amount of$446.865.36, together with interest at $36.232 per day from June 18, 2013, all costs of suit, and for the Foreclosure and Sale of the said premises described in Paragraph 6 above. Re opecily b tte Robert 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. RICHARD E. HARPER and DEBORAH J. HARPER, 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: !_3 RIVERVIEW BANK, f/k/a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, 1 By A. Wim anOiden, Vice President Chief Credit Officer Date: May 13, 2013 ACT 6 & 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 provided 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 Pennsylvania 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA,PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 6 HOMEOWNER'S NAME(S): Richard E.Harper Deborah J.Harper PROPERTY ADDRESS: 1942 Monterey Drive Mechanicsburg,PA 17050 LOAN ACCT.NO.: 800002016 229911 228639 ORIGINAL LENDER: First National Bank of Marysville,n/k/a Marysville Bank a Division of Riverview Bank CURRENT LENDER/SERVICER: 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 of 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 Page 2 of 6 f YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 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. 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. f you have filed bankruptcy ou can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 1942 Monterey Drive Mechanicsburg PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Loan 800002016—February 1 2013 $1,578.50; March 2013 $1,578.50; April 2013 $1,578.50, May 2013 $1,578.50;plus late charges of$1,244.82 Total Amount Past Due for Loan 800002016-$7 558.82 Loan 229911 - January 2013 $683.76; February 2013 $1,509.12; March 2013 $1,509.12,April 2013 $1,509.12; May 2013 $1,509.12 plus late charges of$3,627.29 Total Amount Past Due for Loan 229911 -$10,347.53 Loan 228639—February 2013, $2,083.32; March 2013, $2,083.32; April 2013, $2,083.32; May 2013 $2,083.32; plus late charges of$5,330.56 Total Amount Past Due for Loan 228639-$13,663.84 TOTAL AMOUNT PAST DUE: $31,570.19 (aggregate of all past due amounts) Page 3 of 6 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 $31,570.19 (aggregate of all past due amounts) 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: Marysville Bank a Division of 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.) 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 paving 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 4 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. Page 4of6 HOW TO CONTACT THE LENDER: Name of Lender: Riverview Bank Address: 200 Front Street, P. O. Box B Marysville, PA. 17053 Phone Number: (717)827-4045 Fax Number: (717) 957-4578 Contact Person: A. Wim van Olden, Chief Credit Officer E-Mail Address: wvanolden(a)riverviewbankua.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. 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 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Page 5 of 6 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Page 6 of 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of C:erha(ae�,���t� Jody S Smith Chief Deputy _ Richard W Stewart Solicitor Rivewview Bank vs. Case Number Deborah J Harper(et al.) 2013-3602 SHERIFF'S RETURN OF SERVICE 06/21/2013 05:50 PM -Deputy Tim Black, being duly sworn according to law, served the requested Affidavit by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Richard Edward Harper at 1942 Monterey Drive, Hampden Township, Mechanicsburg, PA 17050. TIM Bf-ACI< DEPUTY 06/21/2013 05:50 PM- Deputy Tim Black, being duly sworn according to law, served the requested Affidavit by handing a true copy to a person representing themselves to be Richard Harper, husband of defendant, who accepted as"Adult Person in Charge"for Deborah J Harper at 1942 Monterey Drive, Hampden Township, Mechanicsburg, PA 17050. TIM BLACK, DEPUTY SHERIFF COST: $55.76 SO ANSWERS, June 24, 2013 RONIJ R ANDERSON, SHERIFF #4 SIT d iCi CountySuiie Sheritt,Tue-osoft.h-c. 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. 2013-3602 RICHARD E. HARPER and DEBORAH J. HARPER, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants CERTIFICATE OF SERVICE I certify that a true and correct copy of Plainti otion o Lift Concili ion Stay and proposed Order were sent via first class mail 4`th erso s listed bel on August 28, 2013: RICHARD E. HARPER DE RA J. H PER 1942 Monterey Drive 192 Mo ter Drive Mechanicsburg, PA 17050 M�e((chan' urg, P 17050 R �& Radebach, Esquire Attom y for Plaintiff ROBERT G. RADEBACH ATTORNEY-AT-LAW 912 North River Road, Halifax, PA 17032 (717) 896-2666 August 28, 2013 RICHARD E. HARPER DEBORAH J. HARPER 1942 Monterey Drive 1942 Monterey Drive, Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Re: Riverview Bank Foreclosure Dear Harpers: Enclosed please find a copy of a Motion which I am filing with the Court in Cumberland County, Pennsylvania. Plie ad se Obc ou have any questions or comments. V y u Rd rt a Al U.S.POSTAL SERVICE CERTIFICATE OF MAILING or MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. Pa cw7 (1: h Pc ¢ 6 t"I Received From: f0! tn m __ r H 1 , ROBERT G.RADEBACH,Esquire 00=0 •Z ( V o 912 North River Road �`a�,m--000 •h- .d-rNg ��im Halifax,PA 17032 -� if}o �¢ a � � � ¢ m o x One piece of ordinary mail addressed to: � RICHARD E.HARPER 1942 Monterey Drive, Mechanicsburg,PA 17050 v PS Form 3817,Mar.1989 ~ �w o q� o w ti 2 '0 .� o LISPS-�- U.S.POSTAL SERVICE CERTIFICATE OF MAILING Lij MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT LD CL h- 0 PROVIDE FOR INSURANCE-POSTMASTER. ¢ C9 M 1n tr.t—• Received From: 00=-00� ROBERT G.RADEBACH,Esquire dm o • 0) CL-- O ��� 912 North River Road c1> ac t7¢ CA Halifax,PA 17032 '0 One piece of ordinary mail addressed to: �t _%tP� V� "I DEBORAH J.HARPER fi 1942 Monterey Drive, Mechanicsburg,PA 17050 c� CD PS Form 3817,Mar.1989 m ti�- 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. 2013-3602 RICHARD E. HARPER and DEBORAH J. HARPER, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants ORDER AND NOW, this `f` day of 2013, upon consideration of Plaintiffs Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: �4 4 ----------- Mfi' �nbution: s - ert Radebach, Esquire, 912 North River Road, Halifax, PA 17032 I=c-) Richard E. Harper, 1942 Monterey Drive, Mechanicsburg, PA 17050 - borah J. Harper, 1942 Monterey Drive, Mechanicsburg, PA 17050 iy � i, L . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) - RIVERVIEW BANK, f/k/a : �� � m� FIRST NATIONAL BANK OF u,r 1 C:07 MARYSVILLE, a Division of `D RIVERVIEW NATIONAL BANK, : CIVIL ACTION - LAW Plaintiff =C:) N vs. NO. 2013-3602 RICHARD E. HARPER and DEBORAH J. HARPER, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants CERTIFICATE OF SERVICE I certify that a true and correct copy of the IOTIC Pursuant to Pa.R.C.P. No. 237.1(a)(1) was sent via first class mail to the perelow o September 7, 2013: RICHARD E. HARPER. DEBO 1942 Monterey Drive 1942 , Mechanicsburg, PA 17050 Mec ni7050 G Esquire rney • 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. 2013-3602 RICHARD E. HARPER and DEBORAH J. HARPER, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants To: RICHARD E. HARPER DEBORAH J. HARPER 1942 Monterey Drive 1942 Monterey Drive, Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Date of Notice: September 06, 2013 IMPORTANT NOTICE Pursuant to Pa.R.C.P. No. 237.1(a)(1) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE E CARLISLE, PA 17013 (717)249-3188 (800)990-9108 G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiff (717)896-2666 PA. ID#: 19255 U.S.POSTAL SERVICE CERTIFICATE OF MAMING Affix fee here in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT or meter postage and PROVIDE FOR INSURANCE-POSTMASTER. post mark.Inquire of Received From Postmaster for current ROBERT G.RADEBACH,Esquire fee. 912 North River Road Halifax,PA 17032 j One piece of ordinary mail addressed to: RICHARD E.HARPER 1942 Monterey Drive, Mechanicsburg,PA 17050 +; PS Form 3817,Mar.1989 `• ,.y F QP��p32 L i A y �, co J� 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. 2013-3602 RICHARD E. HARPER and DEBORAH J. HARPER, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants To: RICHARD E. HARPER DEBORAH J. HARPER 1942 Monterey Drive 1942 Monterey Drive, Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Date of Notice: September 06, 2013 IMPORTANT NOTICE Pursuant to Pa.R.C.P. No. 237.1(a)(1) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BYATTORNEYAND FILE IN WRITING WITH THE COURTYOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3188 (800)990-9108 Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiff (717)896-2666 PA. ID#: 19255 U.S.POSTAL SERVICE CERTIFICATE OF MAIIANG Affix fee here in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT or meter postage and PROVIDE FOR INSURANCE-POSTMASTER, post mark.Inquire Of Received From: Postmaster for Current ROBERT G.RADEBACH,Esquire fee, 912 North River Road Halifax,PA 17032 One piece -- s P denary mail addressed to: DEBORAH J.HARPERy._` r 1942 Monterey Drive, Mechanicsburg,PA 17050 PS Form 3817,Mar.1989 f' 17032 y .` Qom' v� IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f/k/a r CTS cn FIRST NATIONAL BANK OF �' �: MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION VV—c- Plaintiff ��.:� •4 ' VS. NO. 2013-3602 7; RICHARD E. HARPER and DEBORAH J. HARPER, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendants in the action above-captioned for failure to file an Answer to the Complaint within 20 days after service thereof, see Sheriffs Return filed, and within 10 days after notice of default was forwarded to the Defendants, which notice was mailed on September 6, 2013, see Certificate of Service filed, and assess damages as follows: Principal amount due $446,865.36 Interest from 06/18/2013 - 09/18/2013 at $36.232 per diem $ 3,333.34 Total Amount Due $450,198.70 And costs. ZL Dated: September 18, 2013 Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 / Attorney for Plaintiff (717)896-2666 n� 13 38S— PA. I D#: 19255 C. yra ?,S-r/ 1�o��e- jya ; I�� AND NOW, this 18th day of September, 2013, judgment by default is hereby entered in favor of Plaintiff and against the Defendants in the action above-captioned in the amount of$450,198.70 together with interest at the rate of 6% per annum. Prothonotary 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. 2013-3602 RICHARD E. HARPER and DEBORAH J. HARPER, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants To: RICHARD E. HARPER and DEBORAH J. HARPER, Defendants You are hereby notified that on September 18, 2013, the following Judgment has been entered against you in the above-captioned case - Judgment by Default for $450,198.70. DATE: a �J I hereby certify that the name and address of the proper persons to receive this notice under Pa. R. Civ. P. 236 is: RICHARD E. HARPER DEBOW J:HARPER 1942 Monterey Drive 1942 Mdnter Drive Mechanicsburg, PA 17050 Mechanics rg, P 1 050 Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiff (717)896-2666 PA. I D#: 19255