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HomeMy WebLinkAbout14-4575 .. ........... Supreme Co ennsylvania Cour COi11mo leas For Prothonotary Use Only. 'vr r _jam Docket No: S1 CU N County 7s- U1� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the.iling and service ofpleadings or other papers as required by lav or rules of court. Commencement of Action: S 13 Complaint ® Writ of Summons ® Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T RIVERVIEW BANK JACK C. PARSONS Dollar Amount Requested: ®within arbitration limits I Are money damages requested? !'E Yes ® No U (check one) ®x outside arbitration limits N Is this a Class Action Suit? ®Yes l2 No Is this an MDJAppeal? ® Yes 19 No A Name of Plaintiff/Appellant's Attorney: ROBERT G. RADEBACH, ESQUIRE ® 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 ® Buyer Plaintiff Administrative Agencies ®Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment j ®Motor Vehicle ®Debt Collection:Other DBoard of Elections ! ®Nuisance Dept.of Transportation ®Premises Liability Statutory Appeal:Other S ® Product Liability(does not include E mass tort) ® Employment Dispute: SlanderlLibell Defamation Discrimination � ® C ® Other: Employment Dispute:Other ® Zoning Board T ® Other: I ® Other: o MASS TORT ® Asbestos N l3 Tobacco Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ®Ejectment ® Common Law/Statutory Arbitration B ®Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent Mandamus ® Landlord/Tenant Dispute Non-Domestic Relations lM Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 13Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition ®Replevin ® Legal ® Quiet Title ®Other: Medical ® Other: ® Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RIVERVIEW BANK Plaintiff vs JACK C. PARSONS and BONNIE L. PARSONS Defendant CZ bz. — rr7 co h NOTICE TO DEFEND mac.`" . t --q- YOU -Y 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 C�/36s 6 Rif3M 7V 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. JACK C. PARSONS and BONNIE L. PARSONS, 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, JACK C. PARSONS, is an adult individual who resides at 130 Hideaway Hills Road, Mathis, Texas 78368. 3. The Defendant, BONNIE L. PARSONS, is an adult individual who resides at 130 Hideaway Hills Road, Mathis, Texas 78368. 4. On April 28, 2004, the Defendants, JACK C. PARSONS and BONNIE L. PARSONS, 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 $95,000.00. Said Mortgage was duly recorded on April 29, 2004, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Mortgage Book 1863, Page 262, See Exhibit A, Attached hereto and made a part hereof. 5. Said Mortgage has not been assigned. 6. The premises subject to the lien of the Mortgage are described as follows: ALL THAT CERTAIN piece, parcel or tract of and situate 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 in the center line of Millers Gap Road at the southern line of a 33 foot right of way; thence along said right of way North eighty-seven degrees (87°) East, one hundred seventy-six and five tenths feet, more or less (176.5'±), to a point at line of lands now or formerly of Herbert Markel; thence along said last mentioned lands, South three degrees (03°) East, one hundred fifty feet, more or less (150'±)to a point at line of lands of S.L. Vogelsong, now or formerly of Nick Davick; thence along said last mentioned lands South eighty-six degrees(860)West, seventy-two and forty-five hundredths feet, more or less (72.45'±)to a point in the center line of Millers Gap Road; thence along the center line of Millers Gap Road, North thirty-eight degrees (38')West, one hundred eighty-three and three tenths feet(183.3')to the point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to certain reservations and restrictions set forth in prior deeds of record, and together with the right of the Grantees herein, their heirs and assigns, to use the said 33 foot wide right of way for the purpose of ingress, egress and regress to and from said premises. HAVING thereon erected a dwelling house, known as 2 Oak Avenue, Enola, PA. BEING designated as Cumberland County UPI: 38-13-0985-045. BEING the same premises which RICHARD D. MINNICH and PAULA J. MINNICH, his wife by deed dated March 16, 2004, and recorded April 29, 2004, in the Office of Recorder of Deeds of Cumberland County, Pennsylvania at Record Book 262, Page 3581, granted and conveyed unto JACK C. PARSONS and BONNIE L. PARSONS. 7. Said Mortgage is in default because the Defendants have failed to make the monthly installments payments due on March 28, 2014, and thereafter on a regular basis. The following amounts are due on said Mortgage: Principal Amount Due $ 78,463.10 Accrued Interest $ 2,683.63 Accrued late charges $ 401.72 Attorney collection fee $ 3,923.15 TOTAL AMOUNT DUE $ 85,471.60 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 28, 2014, however the Defendants have failed to cure the mortgage default. WHEREFORE, Plaintiff demands judgme a ainst the Def dants for the total amount of$85,471.60, together with interes at 11.9887 p r ay from July 30, 2014,all costs of suit, and for the Foreclosure a �`Sal of the adp remises described in Paragraph 6 above. sp - ly submitted, 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. JACK C. PARSONS and BONNIE L. PARSONS, 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: -713111q'- RIVERVIEW 73/ ! RIVERVIEW BANK, f/k/a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, A. Wim van Olden, Vice President Chief Credit Officer G 5`a /S6 2�. _ RCDRERTP. .Z�. REQU(jkR Or REEDS 1.'Ml ERLiaND COUNTY iy 0°R 29 AM 9 00 I l TAX PARCEL NO: _ 13— O 9 �5 -© L15 MORTGAGE THIS MORTGAGE made the 28th day of April 2004, between the Mortgagors, Jack C. Parsons and Bonnie L. Parsons, his wife, (herein "Borrowers" / "Borrower") , and the Mortgagee, The First National Bank of Marysville, a corporation organized and existing under the laws of Pennsylvania, whose address is 101 Lincoln l Street, P.O. Box B, Marysville, Pennsylvania 17053 (herein "Lender") . WHEREAS, Borrowers are indebted to Lender in therinci al P P sum of U.S. Ninety Five Thousand Dollars ($95, 000 .00) , which indebtedness is evidenced by Borrower's Note dated April- 28, 2004, and any- extensions and renewals thereof (herein "Note") , providing ! for payment on demand, in absence of demand, monthly installments ! of principal and interest, with balance of indebtedness, if not sooner paid, due and payable on April 28, 2019. TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage and the performance of the covenants and agreements of Borrowers herein contained, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, State of Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION ANY RIDER ("RIDER") ATTACHED HERETO AND EXECUTED OF EVEN DATE IS INCORPORATED HEREIN AND THE COVENANT AND AGREEMENTS OF THE RIDER SHALL AMEND AND SUPPLEMENT THE COVENANTS AND AGREEMENTS OF THIS MORTGAGE, AS IF THE RIDER WERE A PART HEREOF. TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, j together with said property (or the leasehold estate if this BK1863'G0262 Mortgage is on a leasehold) are hereinafter referred to as the "Property" . Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the property, and that the Property is unencumbered, except for encumbrances of record. Borrowers covenants that Borrowers warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. IlljUNIFORM COVENANTS. Borrowers and Lender covenant and agree as follows: I . , Payment of Principal and Interest. Borrowers shall promptly pay when due the principal and interest indebtedness evidenced by the Note. This Mortgage secures payment of said Note according to its terms, which are incorporated herein by jreference. 2 . Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraph 1 hereof shall be applied by Lender first to interest payable on the Note, to any fee permitted in the Note or this Mortgage and third to the principal of the Note. 3 . Prior Mortgages and Deeds of Trust; Charges; Liens . Borrowers, shall perform all of Borrower's obligations, under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrowers shall pay.or cause to be paid all taxes, assessments and other charges, fines and impositions . attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 4 . Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrowers subject to approval by Lender; provided, however, that such approval shall not be unreasonably withheld and Lender shall not require Borrowers to obtain such insurance from any particular agent, broker or underwriter. Lender shall consent to such property insurance as Borrower has obtained prior to the time when the loan is made, as long as such insurance is valid and collectible and Borrowers have furnished a loss payable endorsement sufficient for the protection of Lender' s interest in the Property. All insurance policies and renewals thereof obtained .after the loan is made shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a i lien which has priority over this Mortgage. In the event of loss, Borrowers shall give prompt notice to BK ! 863PG0263 the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrowers. If the Property is abandoned by Borrowers, or if Borrowers fail to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance-proceeds at- Lender's option either to restoration or repair' of the Property or to the sums secured by this Mortgage. S. Credit Life Insurance. The purchase of credit life or credit health insurance is not a prerequisite to Borrowers obtaining the loan from Lender evidenced by a note of even date with this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; i Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions' of any lease if this Mortgage is on' a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrowers shall perform all of borrower' s obligations under the declaration or covenants creating or governing the condominium or planned unit development, the bylaws and regulations of the condominium or planned unit development, and constituent documents. 7. PROTECTION OF LENDER'S RIGHTS IN THE PROPERTY: If Borrower fails to perform the covenants and agreements contained in this mortgage, or there is ' a legal proceeding that may significantly affect Lender' s rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations) , then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this mortgage, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this mortgage. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8 . Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrowers notice prior to any such inspection specifying reasonable cause therefor related to Lender' s interest in the Property. 9 . Condemnation. The proceeds of any award or claim for j damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrowers Not Released; Forbearance By Lender Not A Waiver. The Borrowers shall remain liable for full payment of the principal and interest on the Note (or any advancement or obligation) secured hereby, notwithstanding any of the following: (a) The sale of all or a part of the premises, (b) the assumption by another party of the Borrower's obligations hereunder, (c) the forbearance or extension of time for payment or performance of any obligation hereunder, whether granted to Borrowers or a subsequent owner of the property, and (d) the release of all or any part of the premises securing said obligations or the release of any party who assumes payment of the same. Except to the extent that the lien of this Mortgage shall have been released with respect to all or any part of the premises, none of the foregoing shall in any way affect the full force and effect of the lien of this Mortgage or impair Lender' s right to a deficiency' judgment (in the event of foreclosure) against Borrowers or any party assuming the obligations hereunder. i Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Cosigners. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrowers, subject to the provisions of paragraph 15 hereof. All covenants and agreements of Borrower shall be joint and several. Any borrowers who cosigns this Mortgage, but does not execute the Note (a) are cosigning this Mortgage only to mortgage, grant and convey that Borrower's interest in the property to Lender under the terms of this Mortgage, (b) are not personally liable on the Note or under this Mortgage, and (c) agree that Lender and any other Borrowers hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrowers or modifying this Mortgage as to that Borrower' s interest in the Property. 12 . Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrowers provided for in this Mortgage shall be given by delivering it or by mailing such notice by first class mail addressed to Borrowers or the current owner at the Property Address or at such other address as borrowers may designate by notice to Lender as provided herein, and any other person personally liable on this Note as these persons' names and addresses appear in the Lender' s records at the time of giving notice, and (b) any notice to Lender shall be given by first class mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrowers as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrowers or Lender when given in the manner designated herein. 13 . Governing Law; Severability. The state and local laws 3PG0265 i r applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the I provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys ' fees" include all sums to the .extent not prohibited by applicable law or limited herein. 14 . Borrower's Copy. Borrowers shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15 . Transfer of the Property or a Beneficial Interest in Borrowers. Borrowers shall :tot sell or transfer all or any part of the Property or any interest in it without Lender' s prior written consent. If Borrowers are not a natural person, no beneficial interest in Borrowers. shall be sold or transferred without Lender's prior written consent. If all or any part of the Property or any -interest in it is sold or transferred (or if a beneficial interest in borrower is sold or transferred and Borrowers are not a natural person) without Lender' s prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrowers notice of acceleration, as is required by law. Unless otherwise provided by applicable law: (1) The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrowers must pay all sums secured by this Security Instrument; (2) If Borrowers fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrowers. This Mortgage may not be assumed by a purchaser without the Lender's consent. If an assumption is allowed, the Lender may charge an assumption fee and require the person(s) assuming the loan to pay additional charges as authorized by law. NONUNIFORM COVENANTS. Borrowers and Lender further covenant and agree as follows: 16. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrowers in this entire Mortgage, including the covenants to pay when due any sums under the Note secured by this Mortgage, Lender, at Lender' s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without demand or notice and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including but not limited to, costs of documentary evidence, abstracts and title reports. l 17. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrowers hereby assign to Lender the rents of the Property, provided that Borrowers shall, prior to acceleration under paragraph 16 hereof or abandonment of the Property, have the right to collect and retain such rents as they Cbecome due and payable.Upon acceleration under paragraph 16 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage i the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver' s bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage . The receiver shall be liable to account only for those rents actually received. 18 . Loan Charges. If the loan secured by this Mortgage is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted limits, then: (1) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (2) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrowers. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrowers. If a refund reduced principal, the reduction will be treated as a partial prepayment under the Note. 19. Legislation.. If, after the date hereof, enactment or expiration of applicable laws have the effect either of rendering the provisions of the Note, the Mortgage or any Rider unenforceable according to their terms, or all or any part of the sums secured hereby uncollectible, as otherwise provided in the Mortgage or any Rider, or of diminishing the value of Lender' s security, or of imposing a mortgage tax or other charge against Mortgagees and prohibiting them from passing the charge on to Mortgagors, then Lender, at Lender's option, may declare all sums secured by the Mortgage to be immediately due and payable. 20. Release. Upon payment of all sums secured by this Mortgage, this Mortgage shall become null and void and Lender shall release this Mortgage without charge to Borrowers. Borrowers shall pay all costs of recordation, if any. Lender, at Lender' s option, may allow a partial release of the Property on terms acceptable to Lender and Lender may charge a release fee. 21. Interest Rate After Judgment. Borrowers agree that the i interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure mortgage shall be the rate stated in the Note. I IN WITNESS WHEREOF, Borrower(s) have executed this Mortgage. WITNESS: 1 6JiEick C. Parsons l n Bonnie L. Parsons I hereby certify that the precise address of the Lender (Mortgagee) is 101 Lincoln Street, PO BOX B. MARYSVILLE, PA. 17053 . on behalf of the Lender. By: Title: ft(ftj%F7 0(-- Q5 pjC) L I COMMONWEALTH OF PENNSYLVANIA /l ,"X �� (�� S S lJ� COUNTY On this, the da of IV/,:gt�' Y / 2004 before me, a notary public, the undersigned officer, personally appeared Jack C. Parsons and Bonnie L. Parsons, his wife, known to me satisfactorily proven) to be, the person(s) whose name (s) is/m. subscribed to the within instrument and acknowledge that he/she/ e executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto setm hand and official seal. T. 4UDS -mo-- Notary Public I My Commission Expires j( 4- 6-7 COMMONWEALTH OF PENNSYLVANIA Notarial Seat Sheri L.htl4 lotler,Notary Pubpe Camp Hill Boro,Cumberland County My Corpmisston Expires Nov.4,2007 Memb®r,P®nnayivtlnira Ration.of Notaries caify tl:,is to be recorded j t;d "ounty PA. 0 z d ?ec order of Dee 1 EXHIBIT ,A,,-MORTGAGE LEGAL ALL THAT CERTAIN piece, parcel or tract of land situate 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 in the centerline of Miller's Gap Road at the southern line of a thirty-three(33)foot right of way;thence along said right of way North 87 degrees East one hundred seventy six and five-tenths(176.5)feet, more or less, to a point at line of lands now or formerly of Herbert Markel;thence along said last mentioned lands South 3 degrees East one hundred fifty(15o)feet, more or less, to a point at line of lands now or formerly of S.L.Vogelsong, now or formerly of Nick Davick; thence along said last mentioned lands South 86 degrees West seventy-two and forty-five hundredths(72.45)feet, more or less to a point in the centerline of Miller's Gap Road;thence along the centerline of Miller's Gap Road, North 38 degrees West one hundred eighty-three and three-tenths(183.3)feet to the point and place of BEGINNING. I HAVING THEREON ERECTED a dwelling commonly known as 2 Oak Avenue. i 1 I w f I I i 1 (PARS0NS.J.PFD/PARS0NS.)/18) BALLOON MORTGAGE Me understand this mortgage has a balloon payment due in fifteen(15)years. The entire balance is due and payable at that time and must be paid in full or refinanced under the terms and conditions in effect at that time. If the balance is refinanced,all fees associated with.a mortgage must be paid by the customer. . .: I A new appraisal will be required. c arsons i I e Bonnie t., Parosnz— IC/i Date: . / IN THE COURT OF COMMON PLEAS OF-'------ CUMBERLAND m CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, Plaintiff I rn rr_ VS CIVIL ACTION - LAW Z �= JACK C. PARSONS and NO. l({- C(S-7C- Cl-v, v r �; BONNIE L. PARSONS, Mortgagors and IN MORTGAGE FORECLO E=- Real Owners, Defendants mc_; cam NOTICE OF RESIDENTIAL MORTGAGE FORECLOSQR 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 that 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 MUS` ' CT QUIC - Y AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectf k tt Date: August 4, 2014 Rob6rt G. Rade ach, 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. JACK C. PARSONS and BONNIE L. PARSONS, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants 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 false 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 Y D 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. JACK C. PARSONS and BONNIE L. PARSONS, MORTGAGE FORECLOSURE Mortgagors and Real Owners, Defendants 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 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, J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY pled —0 viqre� �tABERI_ AxQ ap Ty of 'Imhof ©FF'ICE, F itf wfi" FtF:= Riverview Bank vs. Jack C Parsons (et al.) Case Number 2014-4575 SHERIFF'S RETURN OF SERVICE 08/04/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint & Notice upon the within named defendant, Jack C Parsons, in the following manner: On August 04, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint & Notice to the defendant's last known address of 130 Hideway Hills, Mathis, TX 78368. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Jack C Parsons on August 19, 2014. 08/04/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint & Notice upon the within named defendant, Bonnie L Parsons, in the following manner: On August 04, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint & Notice to the defendant's last known address of 130 Hideway Hills, Mathis, TX 78368. The certified mail return receipt card and envelope was received by the Cumberland County Sheriffs Office unopened, unclaimed and marked "Deceased". SHERIFF COST: $59.71 SO ANSWERS, August 28, 2014 {c} CountySu to Sherif, i eleoso_. Inc. RONIWR ANDERSON, SHERIFF SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jack C. Parsons 130 Hideway Hills Mathis, TX 78368 —.4 COMPLETE THIS SECTION ON DELIVERY tAff Lire A. S X4tr 0 Agent k'El.Add ssee at\ Beceived by (Thinped Name) Ple/t) D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ,—.0.-410 c-QcAL1 45/5 3. Service Type ...—Ertertified Mall® 0 Registered 0 Insured Mall ry o Priority Mall Express"' 0 Return Receipt for Merchandise 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ,---- I 11- T 7023 3020 0001 3665 4243 (Transfer from service labe0 PS Form 3811, July 2013 Domestic Return Receipt Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com PA. ID# 19255 Attorney for Plaintiff 20 ICT 23 Pi`; 1. 3 2 CUt Ci< <'ir r) COUNTY Y VA N I A 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, Plaintiff v. JACK C. PARSONS and BONNIE L. PARSONS, Mortgagors and Real Owners, Defendants : CIVIL ACTION - LAW NO. 14-4575 : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE AND NOW, October aa , 2014, I, Robert G. Radebach, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of the Notice Pursuant to Pa.R.C.P. No. 237.1(a)(1) in the above -captioned matter upon Jack C. Parsons and Bonnie L. Parsons, Defendants, on October 21, 2014, by depositing the same in the United States Mail, postage prepaid and via Certificate of Mailing (see Certificate of Mailing attached hereto and hereby made a part hereof), in the post office at Harrisburg, Pennsylvania, addressed as follows: Jack C. Parsons 130 Hideaway Hills Road Mathis, Texas 78368 Bonnie L. Parsons)) 130 Hi`deawajHill Road Mathis, Texas 7:368 Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff UNITED ST4TES POST/IL SERVICE. Certificate 0 Mailin Certificate of Mailing payout evidence Mal mad nas been ptesenled a USP$t) lot infs.linq lilts form mar De used lot dornesttc and mlemaliOnal mail From Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 ee lo ‘c-1 E.Skoctoi #-"x PS Form 3817 Ant,' 2007 PSN 2530-02-000-9065 „Num OCT 2 1 2014 "It eft is /41111111.1 Pk \ AX •Z`1)-- ,3 Van§ OCT 2 2014 52"6 UNITED STATES Certificate 0 POSTAL SERVICE Mailin Thts Cerithr-lie PI Mailing prortaes artclence mai mad has been preSehlett lel LISP SO for otaotnq This farm May be useo for Oa/nestle and omemattonal mail _ f rorn To Robert G. Radebach, Esquire 912 North River Road -Halifax, PA 17032 Dy_36-12 ,L. __ _arsons 1Y-W:r1j-ST TOCC)6 1-cS." PS Form 3817, April 2007 PSN 7530-02-000-9065