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HomeMy WebLinkAbout00-01868 , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bane One Financial Services, Inc. 10790 Rancho Bernardo Road San Diego, CA 92127 Cumberland County Court of Common Pleas v. Merle E. Mixell, Jr. 121 Steelstone Road Newville, PA 17241 and Lorrie J. Mixell 121 Steelstone Road Newville, PA 17241 and Dorothy M. Mixell 121 Steelstone Road Newville, PA 17241 Number 00 - /PI..? CI(~~CTE./u7j CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Sf usted against the claims set forth in the fal Lowing qui ere defenderse de estas demandas ex-puestas en pages, you must take action within twenty (20) days Las paginas siguientes, usted tiene veinte (20) after this complaint and notice are served. by dias de plaza a1 partir de la fecha de La demanda y entering a written appearance personaLLy or by la notificacion. Hace falta asentar una attorney and filing in writing with the court your comparencia escrita 0 en persona 0 con un abogado Y defenses or objections to the claims set forth entregar a la corte en forma escrita sus defensas 0 against you. You are warned that if you fail to do sus objeciones alas demandas en contra de su so the case may proceed without you and a judgment persona. Sea avisado que si usted no se defiende, may be entered against you by the court without la corte temara medidas y puede continuar la further notice for any money claimed in the demanda en contra suya sin previo aviso 0 complaint or for any other claim or relief notificacion. Ademas, la corte puede decidir a requested by the plaintiff. You may lose money or favor deL demandante y requiere que usted cumpla property or other rights important to you. con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades U otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue CarLisle, PA 17013 (717) 249-3166 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 'i'> :,7 ,~, '," " ~, """0 "c' ~"'~~-u ~ 0 ,Y.' -. ". '" .. ..,.. ..,,, . ,-" . " . .. , , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bane One Financial Services, Inc. 10790 Rancho Bernardo Road San Diego, CA 92127 Cumberland County Court of Common Pleas v. Merle E. Mixell, Jr. 121 Steelstone Road Newville, PA 17241 and Lorrie J. Mixell 121 Steelstone Road Newville, PA 17241 and Dorothy M. Mixell 121 Steelstone Road Newville, PA 17241 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Bane One Financial Services, Inc., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Merle E. Mixell, Jr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 121 Steelstone Road, Newville, PA 17241. 3. The Defendant is Lorrie J. Mixell, who is one of the mortgagors and real owners of the mortgaged property hereinafter I I I I i , , [, , !f, ,.~ , .,. '"'"" .C?-,~" : ~_''''. ,-,- .'(;'"," ","'::;";"~'" ,~"_,,," -,,', ',_ - -'-^' ",^', ,,,,,,,,,, ,~.. '"'"~ , - '. , described, and her last-known address is 121 Steelstone Road, Newville, PA 17241. 4. The Defendant is Dorothy M. Mixell, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 121 Steelstone Road, Newville, PA 17241. 5. On September 24, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Alternative Lending Mortgage Corp. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1504, Page 487. 6. On April 19, 1999, the aforesaid mortgage was thereafter assigned by Alternative Lending Mortgage Corp. to Banc One Financial Services, Inc., Plaintiff herein, by Assignment of Mortgage recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 610, page 125. 7. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 125 Centerville Road, Newville, FA 17241. 8. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 1999 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, ,0""'" '",~'_~"'" ,--s" """,'_ "-_",~~c"~' ~,_,~"',~ ~_.,.'U ',0",<>- ,o~,,_ '",<,,> ~"_~""_' _,e ,r-,',-'--- ,-,-"" (-.-- , '. .,-. , the entire principal balance and all interest due thereon are collectible forthwith. 9. The following amounts are due on the mortgage: Principal Balance Interest 08/29/99 through 03/15/00 (Plus $23.26 per diem thereafter) Attorney's Fee Late Charges Cost of Suit Appraisal Fee Title Search $54,912.16 $ 4,652.00 $ 2,745.61 $ 247.24 $ 225.00 $ 125.00 $ 7.00 00 GRAND TOTAL $63,107.01 10. The attorney's fees set forth above are in conformity wi th the mortgage documents and Pennsylvania Law and will be collected in the event of a tpird party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 11. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B. " "' ',"~i'.Y.'Y, u 0,,""" "- ._,_,.pc,. . .,,, ,", ."_c_ " or'T:! ~,,-' .-' ,., "~~"--" ".,,,.,--'" ,----""',,~~ ., -.' -""-~-,'''-- WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $63,107.01, together with interest at the rate of $23.26 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. @/f}1(lCokJ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff I, I I [, ~ fl., --"'",'.'-,-: - "'-"r -~ ,"r.,,""'" ' 'f'->'.,"'_""'"r~-. '_'",_..'" ,_", . ._w_ """ --:"-'f," "1:;';O',''''''<"!- . ~n '". . , VERIFICATION The undersigned, Robert Michalik, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, &nr (JIIf. r;1Y111~lo..l SenJi('tS, lne. . , and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. !!i4904 relating to unsworn falsification to authorities. N7l1~ ROBERT MICHALIK . ~ .~ ~ ~!: ~"', ""} Parcel Number: Certified True and Correct / -~"'f. # [Space Above ThIs LIne For Recording Data] AP# 15-MIXELL.M0998 LNiI 808090826 MORTGAGE THIS MORTGAGE ('Security Instrument') is given on September 24. 1998 . The mortgagor is Merle E, Mixell Jr., AND WRRIE J. MIXELL IIlJSBAND AND WIFE, AND DOROTHY M. MIXELL, A SINGLE WOMAN ("Borrower"). This Security lostrument is given to ALTERNATIVE LENDING MORTGAGE CORP. . which is organized and existing under the laws 01 THE STATE OF FLORIDA . and whose address is 2229 PAXTON CHURCH ROAO, HARRIS8URG. PA 17110 ("Lender"). Borrower owes Lender the principal sum of Fifty Five Thousand and no/100 Dollsrs (U.S. $ 55.000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments. with the full debt. ilno' paid earlier. due and payable on September 29. 2013 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and ail renewals, extensions and modifications of the Note; (b) the payment of all other SUlIL1:, with interesr, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the folIowing descrihed property located in CUM8ERLANO County. Pennsylvania: THE LAND REFERRED TO IS LOCATED IN THE TOWNSHIP OF WEST PENNS80RO. COUNTY OF CUM8ERLAND. COMMONWEALTH OF PENNSYLVANIA AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED LEGAL DESCRIPTION. COMMONLY KNOWN AS: 125 CENTERVILLE ROAD TAX 10#: 46-21-0359-006 whicbhastheaddressol 125 CENTERVILLE ROAD. NEWVILLE Pennsylvania 17241 [Zip Codo] ("Property Address"); PENNSYLVANIA-Single Famlly-FNMA/FHLMC dJJt:l. UNIFORM INSTRUMENT Fonn 3039 9/90 ~ -6RIPA1194101.o3 Amended 6191 ~ .....M P,g.laI6 MWIIW4.03 1nltlaI.:~1' \IMP MORTGAGE FORMS-lBOOlli21.7291 [Street. City]. IJJI)Jjm b./-116JT "All 11I~111~1"'IIIIII"IIIII""I"1 "'''' ~ ,.~.,. - - "" -~ "<'~o_ --., , , TOGETHER WITH all the improv.. ~nts now or hereafter erected on the property>.....d all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be' covered by this Security Instrument. All of the foregoing is referred to in this S~ty Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the rigbt to mortgage, grant and convey the Property and that the property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encnmbrances of record. THIS SEcURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insttument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed 'the maximum amount a lender for a federally related mortgage loan may require fol' Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 D.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall b.e. held in an institution whose deposits are insured. by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items. unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge. an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument, If the Funds held by Lender exceed the amounts pennitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instnunent, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: .first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; "and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fmes and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on tinie directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against 'enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a .notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. ~m ,,,"',',, J) 1)1\ _.-6RIPAI194101.03 Page:Z of 6 orm 3039 9/90 " -~ "'.~ ~ "~~.~"". ,r--,. S. Hazard or Property Ins.uran,- Borrower shall keep the improvements now .,..{isting or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards. including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may. at Lender's option, obtain coverage to proteCt Lender's rights in the Property in accordance with paragraph 7. All insUrance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have th~ right to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiUIJJS and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property dlUrUlged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by tllis Security Instrument, whether or not then due, with any excess paid to Borrowet. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 3D-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend .or postpone the due date of the monthly. payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragnq>h 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured.by this Security Instrument inunediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security tnstrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate. as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Leml.er's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any materi81 infonnation) in connection with the loan evidenced by the Note, including, but not limited to, representlltions concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding ill 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 Security Instrument, 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 Security Insuument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbu.rsement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the l1\Ortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the. mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one~twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. !.emler will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance'!::IrJ ~erve Inllialst!ii!! '.IV} _-6R1PAI C94101.03 Page 3 of 6 Form 3039 9/90 ~~"""''' r"~'''''''''' ~~-,. ~.._"". ,...--"~ -.~ paymentS may no longer be required. at option of Lender, if mortgage insurance COVf ~ (in the amount and for the period that Lemler requires) provided by an insUler approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect," or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. 1nspection. Lender or its agent may make reasonable entries upon and inspections oftbe Property. Lender shall give Borrowe! notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Con.demnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender. In tlle event of a total taking of the Property. the proceeds shalI be applied to the sums secured by this Security Instrument, whether Of not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market v.a1ue of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument inunediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property inunediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market v;ilue of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by narrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of .tbe monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time ror payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sUms secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Boundi Joint and Several LiabilitYi Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security InstrUmeot but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenus of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that taw is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund _ reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security lnstrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided fot in this Security Instrument shall'b'e deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall. be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument~ ~ m ."",..L!LW 0 M _e-6RIPA}19410f.03 Paglt4of6 Forrn3039 9/90 -,-. "I -~-~ ~"..,., ~~ 17. Transfer of the Property or ~ neficial Interest in Borrower. If all Of any l. :of the Property or any interest in it is sold or transferred (or if a beneficial uuerest in Borrower is sold or transferred and Borrower is 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 Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails 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 Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instniment; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects nionthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated.to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flanunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default -as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all SUD;1S secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred. in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall tenninate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent pennitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attaclunent. levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. r.::/tJ tfJ """,':fif!!J 1/ JY) ~.6RIPAI (94101.03 P"l)8 5 of 6 Form 3039 9/90 -';""'~~7 .1 - 27. Riders to this Security Instroment. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement lhe covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable 00'(0$)] D Adjustable Rate Rider D Graduated Payment Rider D Balloon Rider DVARider D Condominium Rider [Xl 1-4 Family Rider D Planned Unit Development Rider 0 Biweekly Payment Rider D Rate Improvement Rider 0 Second Home Rider [Xl Olber(s)[specify] ATTACHED LEGAL MZ1iE~J7~1 BY SIGNING BELOW. Borrower accepts and agrees to the tenru>> and covenants contained in this Security Instrument and in any rider(s) executed by Borrow and recorded with it. Witnesse (Seal) -Borrower j~~~~~ DOROTHY M. ] XELL J:jA1~9.' ~ rie . Mixell ficate of Residence !, Debra A. Schoettke lbe wilbin-named Mongagee is 2229 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower , do hereby cenlfy lba~lbe conect address of PAXTON CHURCH ROAD. HARRIS RG. PA 17110 ' i Witness my hand this 24th day of COMMONWEALTH OF PENNSYLVANIA, CODDty ss: On lbis, lbe ,24th day of September ,1998 personally appeared MERLE E. MIXELL JR. and DOROTHY M. MIXELL and . before me. the undersigned officer, Lorrie J. Mixell known to me (or satisfactorily proven) to be lbe persons whose IiameS are subscribed to the within instrument and ac wledged that they executed the same for the purposes herein conwned. .. IN WITNESS WHEREOF, I hereunto set my Iwld and official seal. My Commission Expires: G -6RIPA) 494101.03 $ _Seal John L EdGar. NoIaJy PublIc -1\Ip.,-CounIy My~......Oct."'l!OO1 Member. P8rms:ytN1la AssocIatIon 01 Notarles PIlllll I ofa ',~_o~ -j-- Fonn 3039 9/90 ,.,,1" ii Ii I' i il 'I I, " il " I'", ~,~. Allthnl cerlaln tract of land situate In the Township of West Pennsboro, County of Cumbertand and State of Pennsylvania, Bounded and described as follows, to wit: Beginning at a point In the Gutter line of the Newville-Centervllle Road at comer of land of John S. Graegor and wife; thence along the land of Graegor, and at right angles to the eforesaid road 200 feet to other land of Carl Devoe Farner; thence by a line parallel to the aforesaid Road South 31 degrees East, 100 feet to a point: thence by a line at right angles with the aforesaid PUblic Road 200 feet to the eforesald gutter line; thence, North 31 degrees West 100 feel to the place of beginning. COMMONLY KNOWN AS: 125 CENTERVILLE ROAD TAX ID#: 46-21-0359-006 . ... ~ - ~. ..-'. BALLOON RIDER TO NOTE MERLE E. MIXELL JR, BORROWERNAME(Sl' DOROTHY M MIXfl1 'NOTE DATE: 09/24/98 For a valuable consideration, receipt of which is hereby acknowledged, both Borrower and Lender agree that this BALLOON RIDER TO ,NOTE ("Rider") amends lbat certain Promissory Note ("Note") of date shown above, to which this Rider is attached. Borrower and lender agree that this Note sball be subject to the following provisions, notwithstanding any provisions to the contrary contained in said Note of the Mortgage given by Borrower to secure repayment of the Note. BALLOON PAYMENT This loan is payable in full at the end of fifteen (15) years. Borrowers must repay the entire principal balance of lbe loan and lbe unpaid interest then doe. THE LENDER IS UNDER' NO OBUGA TION TO REFINANCE THE LOAM AT THAT TIME. Borrower will therefore be required to make payment out of other assets borrower may own, or borrower will have to fmd a lender, which may be the lender borrowers has this loan with, willing'to lend borrower the money at prevailing market rates, which may be considerbaly higher or lower than the interest rate on this loan. Ifborrowers refinances this loan at maturity, borrower may have to pay some'or all closing costs nonnally associated. with a new loan, even if borrower obtains refinancing from the same lender. NOTICE OF MATURITY At least ninetY (90) but not more than one hundred twenty (120) days pnor to the Maturity date, Lender must send Borrower a notice which states the maturity date and the amount of the large balloon payment which will be due on ~e' maturity date (assuming all scheduled regular monthly payments due between the date of the notice and the Maturity date are made on time). 1J Ho,ro:td f ::Zdf "Oi~?'!v~L norrower and corree", Certified T~Uthe e Original Copy o. ,'9:~~W! r Certified True and. Correct ~ Copy of the Onglnal ~ 1-4 FAMILY RIDER Assignment of Rents LOAN NO. BOB 0 9 0 B 2 6 THIS 1-4 FAMiLY RIDER is made this 24 t h day of S e p t e m b e r. 1998 . and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed ofTrost or Security Deed (the "Security losuument") of the same date given by the undersigned (the "Borrower-) to secure Borrower's Note to Al TERNATIVE lENOING MORTGAGE CORP, (the "Lender") of the same date and covering the Property described in the Security Iristrument and located at: 115 CENTERVlllE ROAO.NEWVlllE.PA 17241 [Propeny Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDmONAL PROPERTY SUBJECT TO TIlE SECURITY INSTRUMEN"Dn addition to the Property described in the Security lnsuument, the following items are added to the Property description. and shall also constitute the Property covered by the Security Instrument: building materials, appliances and .goods of every nature whatsoever now or hereafter located in. on, or used, or intended to be used in connection with the Property. including, but not limited to, those for the purposes of supplying or distributing heating, coo.1ing, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs. water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors,_ cabinets, panelling and attached floor coverings now or hereafter attaehed to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by the Security Instrument.. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAWBorrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any govenunental body applicable to the Property. C. SUDORDINA TE LIENS. Except as permitted by federal law , Borrower shall not allow any lien inferior to, the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent Joss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E. IIBORROWER'S RIGHT TO-REINSTATEII DELETEWniform Covenant 18 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. AU remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. MULT5i'ATE 14 FAMILY RIDER - FNMAIFHLMC UNIFORM INSI'RUMENT- ISC/C14FR--'/{l29113l70(09.oo)-L PAGE 1 OF 2 FORM 3170 09/90 "'''"'~-~, ~" , ~r,~~ - - - " '."',.". '.--..:..' uiAN NO, BOB 090 B 26 G. ASSIGNMENT OF LEASES. Upon Lender's request, borrower shall assign to Lender all leases of the Property and all sc,>cudty deposits made in connectiOn with Jease$ of lhe Property. Upon the assignment. l.erider shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RIlNTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender~s agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender bas given Borrower notice of default pursuant to paragraph 21 of the Security Instrument and (Ii) Lender has given notice to the tenant(s} that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constirutes.an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Leoder only, to be applied to the sums secured by the Security InslI1ln1ent; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property: (Hi) lrorrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first 10 the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, anomey's fees, receiver's fees. premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other chsrges on the Propeny, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to accoUJU for only those Rents -actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and co11ect the Rents and profits derived from the Propeny without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the coSts of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security lnstrument pursuant to Unifonn Covenant 7. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perfonn any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of defauJt to Borrower. However, Lender, or Lend.er's agents or a judicially appointed receiver. may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of.the Property shall tenninate when all the sums secured by the Security Instrument are paid in fu11. t. CROss.DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies pencilled by the Security Instrument. BY SIGNING BELOW. Borrower accepts and agrees to the tenns and provisions contained in this 1-4 Family Rider. do:::- ~, ;'11. J. 1/ Mixell """ ,- M::t~I;;L~~;J D~~~E~~ ISeall .- (Seal) ,,,- (SO.U . Borrower MULTlSTATE 1- 4 FAMILY RIDER - FNMAlF1ILMC UNIFORM INSTRUMENT - ISCIC14FRu'10291/3110(09-90H. PAGE 2 OF:2 FORM 3170 09190 -':"t.~. ~ " ~ ~~T - ;~.. BALLOON MORTGAGE NOTICE Thank you for applying for a mortgage loan from us. The payment schedule you've selected requires a "balloon" payment. We urge you to read this very carefully because we feel it is important you understand it. By having a balloon payment as a imal payment. we can offer you a loan with smaller monthly payments. In other words. because you will make a largcrpaymcnt at the end of the loan. your regular IIXlnthly payment will be lower than the IDOnl:h1y payment on a loan with equal payments over the same number of months. "IMPORTANT.! At the end. of the loon you will have three alternatives: 1. To apply to us to reImance the balloon payment so that you can pay it in monthly installments. The l..eDder is under no obligation to refmance the loan at that time. You will.therefore, be required to make payment Out of other assets that you may own~ or you will have to fmd a Lende~. which may be the Lender youJ~aveJhis IQatl with. wiUiD,g to lend you the money. 2. To pay the balloon payment in full. 3. - To apply to another lender to refinance the balloon payment, ~fore signing this- statement wbich acknowledges your acceptance of the balloon payments, please be sure lU fully understand the lemlS of you loan. "Ie have read and understand and ack:nowledge receipl of this letter. ~Pdc'C~/,,~, E R LEE. . M I.X ELL .J R .. . DATE: S~ptem~er 24. 1998 to-4~ ~~ JROTHY M. ~IXEll DA1'E: S.eptember 24. 1998 ~~, rrl+ft orrie .. M,iXell DATE: September 24. 1998 Certified True and. qorrec1V, Copy 01 !he Ongma~ ' TERRENCEJ,McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.c. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PIDLADELPHlA, PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (609) 858-7080 FAX (609) 858-7020 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212) 697-0011 FAX (212) 953-0986 February 21, 2000 Merle E. Mixell, Jr. 121 Steelstone Road Newville, PA 17241 / ACT 9{ 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 MORTGAGE ASSISTANCE PROGRAM (BEAP) may be able to help to save your home. This Notice explains how the program works. To see if HEAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 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 NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANC1A, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA fx rl/8/T "6" 1_1 'I"itf";!!>~_,,,, I I' ~ ~ -, , NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Dorothy M. Mixell and Merle E. Mixell. Ir. 125 Centerville Road. Newville. P A 17241 12063079 Alternative Lendin~ Mortgage Co:cp. Banc One Financial Services. Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEF AUL T 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 OTIlER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TIlE 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. 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 THE NEXT (30) DAYS. 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 DEF AUL T." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and 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). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial 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 ""'M'''"'''''''~' ~ ^, ~""~ - -,- ~, --~~ agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the 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 requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIllS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date). NA TORE OF THE DEF AUL T --The MORTGAGE debt held by the above lender on your property located at 125 Centerville Road. Newville. P A 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHL Y PAYMENTS for the following months and the following amounts are now past due: $706.45 for the months of September 1999 through February 2000 Other charges: Late Charl!es Totaling $211.92 TOTAL AMOUNT PAST DUE: $4.450.62 HOW TO CURE THE DEFAULT-- Y oumay cure this default within TillRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4.450.62. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TIllRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Tamra Owens Banc One Financial Services, Inc. 10790 Rancho Bernardo Road San Diego, CA 92127 IF YOU DO NOT CURE THE DEF AUL T --If you do not cure the default within TIDRTY (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) '-:<::~~~ _ ~ ,M_~ . _'~__M= ~~ ~ ~.., -"'='-'-~--- DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgal!ed proper1y. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to payoff 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. !fyou 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--Ifyou 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 Sheriff's Sale. You may do so by paying the total amount then past due. plus any late or other charl!es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's 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 Sheriff's Sale of the mortgaged property could be held would be approximately from the date ofthis Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default win increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Banc One Financial Services. Inc. Address: 10790 Rancho Bernardo Road. San Diego. CA 92127 Phone Number: 858-613-2082. Fax Number: 858-674-1353 Contact Person: Tamra Owens EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's 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 Sheriff's 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 mayor X may not 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 PAYOFF 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. - TOHA VE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (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 DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. I - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF TIDS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIDS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 215738293 RETURN RECEIPT REQUESTED \;W__ ~~ r ~ =_,,~~<~, o,~ ~~_,,~~~""! PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 ,SiT -- - "~~~. --'.. .,>.~-~~ TERRENCE J,McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19 I 09 (215) 790-1010 FAX (215)790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, Nl 08108 (609) 858-7080 FAX (609) 858-7020 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 100I7 (212) 697-00II FAX (212) 953-0986 February 21, 2000 Lorrie 1. Mixell 121 Steelstone Road Newville, P A 17241 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 MORTGAGE ASSISTANCE PROGRAM (HEAP) maybe able to help to save your home. This Notice explains how the program works. To see if HEAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIIlli 30 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 NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR V1VIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA ""I~ - _.c.. .... "~ ~ """""'"" - ~-, ~ ~-" NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Dorothv M. Mixell and Merle E. Mixell. Jr. 125 Centerville Road. Newville. P A 17241 12063079 Alternative Lending Mortgage COI;P. Banc One Financial Services. Inc. 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. 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 THE NEXT (30) DAYS. 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 DEF AUL T." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COlJNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and 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 ASS1STANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling ".~ ~,~ . ~-~ ~.. -,....,,'-~-~ agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the 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 requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIDS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (l3rin~ it up to date). NA TORE OF THE DEF AUL T-- The MORTGAGE debt held by the above lender on your property located at 125 Centerville Road. Newville. PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHL Y PAYMENTS for the following months and the following amounts are now past due: $706.45 for the months of September 1999 through February 2000 Other charges: Late Charges Totaling $21 1.92 TOTAL AMOUNT PAST DUE: $4.450.62 HOW TO CURE THE DEF AUL T-- You may cure this default within TIDRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4.450.62. 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: Tamra Owens Banc One Financial Services, Inc. 10790 Rancho Bernardo Road San Diego, CA 92127 IF YOU DO NOT CURE THE DEF AUL T--Ifyou do not cure the default within THIRTY (30) DAYS of the date ohhis 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 TIDR TY (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 payoff 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. !fyou cure the default within the TmRTY (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 DEF AUL T 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 anv time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as snecified in writinll bv the lender and bv 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 Sheriff's Sale of the mortgaged property could be held would be approximately from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Banc One Financial Services. Inc. Address: 10790 Rancho Bernardo Road. San Diego. CA 92127 Phone Number: 858-613-2082. Fax Number: 858-674-1353 Contact Person: Tamra Owens EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's 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 Sheriff's 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 mayor X may not 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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. .-. - - ___~~r. - 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 DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF TillS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBERZ 215 738 294 RETURN RECEIPT REQUESTED 0'" ~ ( ,,~~, -- ~~ '=="'~"'~'I!;'; PENNSYLVANIA HOUSING FINANCE AGENCY HOMEQWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 :::~,=- -- ~~ '.". TERRENCE J, McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.e. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19 I 09 (215) 790-10 10 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (609) 858-7080 FAX (609) 858-7020 SUITE 1503 52 V ANDERBILT AVENUE NEW YORK, NY 10017 (212) 697-lJOll FAX (212) 953-0986 February 21, 2000 Dorothy M. Mixell 121 Steelstone Road Newville, P A 17241 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 MORTGAGE ASSISTANCE PROGRAM (HEAP) may be able to help to save your home. This Notice explains how the program works. To see if HEAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITlllN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. addres~ 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 NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA '1 _m.~~ . ,d NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDERlSERVICER: Dorothy M. Mixell and Merle E. Mixell. Jr. 125 Centerville Road. Newville. P A 17241 12063079 Alternative Lending- Mortgage Coq>. Banc One Financial Services. Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE EI ,WIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VB 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 MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEF AUL T 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. 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 THE NEXT (30) DAYS. 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 DEF AUL T." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and 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-- Y our mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling ~ ~,' t~~~~ =~,-~ <" _ ..~, ~_,_,. .....,-'''''''''R'lFF' agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED: AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the 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 requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIllS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date). NATURE OF THE DEF AUL T-- The MORTGAGE debt held by the above lender on your property located at 125 Centerville Road. Newville. PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHL Y PAYMENTS for the following months and the following amounts are now past due: $706.45 for the months of September 1999 through February 2000 Other charges: Late Charges Totaling $211.92 TOTAL AMOUNT PAST DUE: $4.450.62 HOW TO CURE THE DEF AUL T -- You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4.450.62. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIllCH BECOME DUE DURING THE TIllRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made payable and sent to: Tamra Owens Banc One Financial Services, Inc. 10790 Rancho Bernardo Road San Diego, CA 92127 IF YOU DO NOT CURE THE DEFAULT--Ifyou 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) ,'CT , '" ,.:u , "~ ".. ~" ~" _~_\.~," "'~"_~~~~_'''",_II',"""V'' 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 payoff 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 amOlmt 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--Ifyou 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 Sheriff's Sale. You may do so by paying the total amount then past due. plus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's 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 Sheriff's Sale of the mortgaged property could be held would be approximately from the date ofthis Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Bane One Financial Services. Inc. Address: 10790 Rancho Bernardo Road. San Diego. CA 92127 Phone Number: 858-613-2082. Fax Number: 858-674-1353 Contact Person: Tamra Owens EFFECT OF SlffiRIFF'S SALE-- You should realize that a Sheriff's 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 Sheriff's 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 mayor X may not 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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. '-T .~" - ~~ ,_ .~""_n__.,l"'~ - TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO'HA VE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIDS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 215 738295 RETURN RECEIPT REQUESTED 1~'TnllT .... " ,~ _",,,",,,'I' ,~.. ~e,"'"' PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 " ,~-" "~-,- -~'" " ~~ -~-~. TERRENG:E J, McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTI! BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (609) 858-7080 FAX (609) 858-7020 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212) 697-0011 FAX (212) 953-0986 February 21, 2000 Occupant(s) 125 Centerville Road Newville, P A 17241 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 MORTGAGE ASSISTANCE PROGRAM (HEAP) may be able to help to save your home. This Notice explains how the program works. To see if HEAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS 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 Coun1y 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 attomey in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICATION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. Sl NO COMPRENDE EL CONTENIDO DE ESTA '~,p - r- .--"... ~ "~..,-~-~ NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Dorothy M. Mixell and Merle E. Mixell. Je. 125 Centerville Road. Newville. PA 17241 12063079 Alternative Lending Mortgage Coq>. Banc One Financial Services. Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEF AUL T 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 OTIlER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TIlE 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. 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 THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TIllS 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and 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-- Y our mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling ;;, .~ - ,-,=--~ ~_1,~ > agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the 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 requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date). NATURE OF THE DEF AUL T-- The MORTGAGE debt held by the above lender on your property located at 125 Centerville Road. Newville. P A 17241 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE MONTIIL Y PAYMENTS for the following months and the following amounts are now past due: $706.45 for the months of September 1999 through February 2000 Other charges: Late Charges Totaling $211.92 TOTAL AMOUNT PAST DUE: $4.450.62 HOW TO CURE THE DEF AUL T-- Y ou may cure this default within TillRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WInCH IS $4.450.62. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH 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: Tamra Owens Bane One Financial Services, Inc. 10790 Rancho Bemardo Road San Diego, CA 92127 IF YOU DO NOT CURE THE DEFAULT--1fyou do not cure the default within TillRTY (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. rffull 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 Sheriffto payoff 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. !fyou cure the default within the TIDRTY (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 DEF AlJL T PRIOR TO SHERIFF'S SALE--If you have not cured the default within the 1HIRTY (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 Sheriff's Sale. You mav do so by paying the total amount then pa~t 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 Sheriff's 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 Sheriff's Sale of the mortgaged property could be held would be approximately from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Banc One Financial Services. Inc. Address: 10790 Rancho Bernardo Road. San Diego. CA 92127 Phone Number: 858-613-2082. Fax Number: 858-674-1353 Contact Person: Tarnra Owens EFFECT OF SHERIFF'S SALE-- Y ou should realize that a Sheriff's 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 Sheriff's 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 mayor X may not 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. ll"""!_ ~<,--, ~~ - 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 DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AUL T. (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 DEF AUL T 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF TillS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TillS PURPOSE. SENT VIA REGULAR MAlL AND CERTIFIED MAlL NUMBER Z 215738296 RETURN RECEIPT REQUESTED '.;: ~~ ,~- ~ ~, y~~""'~~' ., PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 .- -," ~"--"""~-' I I I I , II I: II I I ~ " I! I: iI ii, - .~- - ~"~ """'~""'"'- .... , iVP-t' \t:- ~ !'1 !'O .... ~ t.V ~ I * ~ 1-J U ~ ~ ~ ~ ~ ~ ~.- '~, I' ? ~~ o ~ () 0 , ~ i- o c ~,] ~:;'S: r:-~C] ~~() ~2 ~ '. o a :x ),~", ';~v o~ ......n :-;:i VJ .:".~ -., ,I, ~._ ~~ ~ ~ N -.I -0 :~" w w (.;) _'~-'Y.~""_~~~'!J'!I~,,\,,jl$'1I!i'_~iI!~I_~!iiti)jl,", ~~","W1J"""lfllll!!~!lj .. -., SHERIFF'S RETURN - REGULAR CASE NO: 2000-01868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EANC ONE FINANCIAL SERVICES IN ' VS MIXELL MERLE E JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MIXELL LORRIE J the DEFENDANT , at 0012:30 HOURS, on the 30th day of March , 2000 at 121 STEELSTOWN ROAD NEWVILLE, PA 17241 by handing to LORRIE MIXELL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~vt:~< R. Thomas Kline 03/31/2000 MCCABE, WEISBERG & CONWAY Sworn and Subscribed to before By: \Jo.Wn ~. ~ Deputy Sheriff me this /o~ day of ().l!JJ.'# ~ A.D. l 9~t;/ ,a I'M dL / , Oa( Prothonotary' , .' SHERIFF'S RETURN- REGULAR ... CASE NO: 2000-01868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANe ONE FINANCIAL SERVICES IN VS MIXELL MERLE E JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MIXELL DOROTHY M the DEFENDANT , at 0012:21 HOURS, on the 30th day of March , 2000 at 125 CENTERVILLE RAOD NEWVILLE, PA 17241 by handing to DOROTHY MIXELL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r'~~~~1 R. Thomas Kline 03/31/2000 MCCABE, WEISBERG & CONWAY Sworn and Subscribed to before By: ~~~~ Deputy Sheriff me this P-' /0 ~ day of rJ ,hrm} _ A.D. ~n Q "71AdltJ,,, ~ P othonotary I - ., SHERIFF'S RETURN - REGULAR ..... CASE NO: 2000-01868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANC ONE FINANCIAL SERVICES IN VS MIXELL MERLE E JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MIXELL DONALD the TERRE TENANT , at 0012:30 HOURS, on the 30th day of March , 2000 at 125 CENTERVILLE ROAD NEWVILLE, PA 17241 by handing to DONALD MIXELL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 SO;~~~t R. Thomas Kline 03/31/2000 MCCABE, WEISBERG & CONWAY Sworn and Subscribed to before By: \J~ J IUl Deputy Sheriff me this /o~ day of rr' /t ~ A.D. ~ t2'~J~ Prothonotary ~,~ ~__!fI' SHERIFF'S RETURN - REGULAR ~. .... CASE NO: 2000-01868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANC ONE FINANCIAL SERVICES IN VS MIXELL MERLE E JR ET AL DAWN ]CELL , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MIXELL MERLE JR was served upon the DEFENDANT , 2000 , at 0012:30 HOURS, on the 30th day of March at 121 STEELSTOWN ROAD NEWVILLE, PA 17241 LORRIE MIXELL by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 Sworn and Subscribed to before me this /0 I$? day of ~ c2o-o-o A.D. ~;(.A.- O. "il.-tdh.. ~ P 0 honotary I I -,- So An~,wers: . ~ -'~<:~r! R. Thomas Kline 03/31/2000 MCCABE, WEISBERG & CONWAY By: \::)QJ.Un 8. ~ Deputy Sheriff --- , IN WE COURl' OF CCMDN PLEAS OF crnBERlJ\ND CDUNl'Y, PENNSYLVANIA CIVIL DIVISION ~r ".. .4/ BANC ONE FINANCIAL SERVICES, INC. File No. 00-1868 CV Arrount Due .64,386.31 J Interest .f ('M-ro 1;-/0-00 Atty's Comn Costs V. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL TO THE PRCYIHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrrent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended: and for real property pursuant to Act 6 of 1974 as amended. PRAOCIPE FOR EXECUTION Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 125 Centerville Road, Newville, PA 17241 PRAECIPE FOR ATTACfWENl' EXEnlTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) 125 Centerville Road, Newville, PA 17241 . and all other property of the defendant( s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: G - q -00 Signature: ")QJ\/1f/nA"-{ fl /J11' C/~ Print Name: Terrence 0. McCabe, Esq. 123 S. Broad St., Suite 2080 Address: Attorney for: Telephone: Phila., PA 19109 Plaintiff (215) 790-1010 Supreme Court ID No.: 16496 =.Jl - It"", ~ - ,,"'-, - ~ ' , ','. " "1<< ~,~ "' -- i' , ~" '\~ Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. o C :? UD) mn': Z::r; 7C- W_-,-;~ ~~. '"7[) ~=(j ....">c '7 ~ -< o Cl i= z ~. u ,j __,I .l......... ':? ---'f'll -.)<? ~.~~ -,,0 t)f"n ~ ::n -< .<-- ~: i'0 en ~.~ , -~~ ~ ,,~__'f'lW.;r~t"l'!/I<:D,'~j~. =~_~~~,~~~wwr"1~j,~-jp'-I:.:},;",,f;f'~*,~~I~~1ffii"~i~p'!~~,@~lijT ~ ".. DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate and being in the Township of West Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, and described as follows, to- wit: BEGINNING at a point in the gutter line of the Newville-Centerville Road at corner of land of John S. Greegor and Wife; thence along the land of Greegor, and at right angles to the aforesaid Road 200 feet to other land of Carl DeVoe Famer; thence by a line parallel to the aforesaid Road South 31 degrees East, 100 feet to a point; thence by a line at right angles with the aforesaid public Road 200 feet to the aforesaid gutter line; thence North 31 degrees West 100 feet to the Place of Beginning. COMMONLY known as 125 Centerville Road Tax ID No. 46-21-0359-006 -~,,.,- ~'-'--~ ~,~ _~L ._, O~ -,'-~~ --"'.' r ~R ~ - ~ ~ ~ ~ " - ", ~ ~~~ . ~\f: <:::r- I0L ......... s, - -- 0.~~~ ~ ~~ J ~~J J.iW.~1;,'~""'~~1!l~(j ""II ~ J -...... ~ ~':-...;:=- \S""" 01 ~'I C-'\- t~ .. , ~.' ~ ~ A ~ " ~ o o c_ c: __,,-,w .~ o ~n ,"J ';~l fTI -.'Irn ';:'0 >)'1 :=.1(,) ~._,-' "j', ~;~? ?~ ;:sr-n "" :0 -< o S; <, "'0 [f; S2SU zc- ?'~:~~': ~~~~ 58 z =<' ~ 3: J"-l <1' ~ ~-, ,~~"'FI!'~m~~~~~'l\'!j~J!I,r~l~W;>~~_~~.'J!~Ii'R~ijl!i!lI~~~I~~ ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 Centerville Road, Newville, PA 17241, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address Merle E. Mixell, Jr. 121 Steelstown Road Newville, PA 17241 Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address Merle E. Mixell, Jr. Lorrie J. Mixell 121 Steelstown Road Newville, PA 17241 Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 U! ~ "O_,"~__,,_ ~-~'-''''''';'"::'i?"<''C''-;-':''''U . '''<!'''!'<'--' ~--.-~~" '_ ,_ Lrc _ ,,~ 'CC ~ . , .- { -~ 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6 . Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Occupant(s) 125 Centerville Road Newville, PA 17241 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE b - q - 00 4 Iv, er-<A ii /J1 {' ~ TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff '0.',,_,,"" _'--_>"'<';'_"~'_"/' 7',-, ',' ..." . ~,r",T"m"'.,~__~"""_~,;~,_,~,,,_",~_~.,_,_ _ ,_ ,_ .'.''"". .." ~ "'" - '.<>' ,-~, - . '~,' ,_. 0'""." ,,_,___ I DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate and being in the Township of West Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, and described as follows, to- wit: BEGINNING at a point in the gutter line of the Newville-Centerville Road at corner of land of John S. Greegor and Wife; thence along the land of Greegor, and at right angles to the aforesaid Road 200 feet to other land of Carl DeVoe Famer; thence by a line parallel to the aforesaid Road South 31 degrees East, 100 feet to a point; thence by a line at right angles with the aforesaid public Road 200 feet to the aforesaid gutter line; thence North 31 degrees West 100 feet to the Place of Beginning. COMMONLY known as 125 Centerville Road Tax ID No. 46-21-0359-006 EXHIBIT 451 \;, , .~ '::l'm - ~" ~~_r'~ ~ ..--- "" ,. ,,",' 0"'".''''''''''''.''''''' .. . , ". ~~~" '" - ~.~. !III!l1'l~ ~ ~. -. . ~~_J~iI<IiIH: :.i F "'"oc I>~',"', ~ ~; ,"~ M _."<,-,, ." __ ""__ ,,' "'0"' . . 0 (::> C) C- O ~ -,1 ~ ^ -'OeD ~,- '-j s.; --,~ ;~~t: ,c::::-;-'-T1 ",-'- "iF':: /._- [- ~-8tS (I) ,;~.~ "." -~ .~~~ ~ffi :~". -,.. (Sill 2~ ',", ,,-,, )> :2 In :0 -< lP-,,... _~ T;.,...~_lVrmil~I!'1\"T"lqn.7"~""~~~II!i'!~'!,*,~~:I~"")Iff.~!I!"lg,~~",!~~....",JlIf!'MII~Il!\j << - McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Merle E. Mixell, Jr. Lorrie J. Mixell 121 Steelstown Road Newville, PA 17241 Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 Your house (real estate) at 125 Centerville Road, Newville, PA 17241 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on September 6, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $64,386.31 obtained by Bane One Financial Services, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Bane One !'ftll ". ~" . "'-,~ "^"~ - ~~, - ~.~,,,.,.. "~I...,' ( + Financial Services the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed 'I:' ~~ - _ """,",,"<"""',lffl!llWP, I schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 '3,'1" -'-' J DESCRIPTION ALL THA T CERTAIN piece or parcel of land situate and being in the Township of West Pennsboro, County of Cumberland, Co=onwealth of Pennsylvania, and described as follows, to- wit: ' BEGINNING at a point in the gutter line of the Newville-Centerville Road at corner of land of John S. Greegor and Wife; thence along the land of Greegor, and at right angles to the aforesaid Road 200 feet to other land of Carl DeVoe Farner; thence by a line parallel to the aforesaid Road South 31 degrees East, 100 feet to a point; thence by a line at right angles with the aforesaid public Road 200 feet to the aforesaid gutter line; thence North 31 degrees West 100 feet to the Place of Beginning. COMMONLY known as 125 Centerville Road Tax ID No. 46-21-0359-006 ~.o:,~~ "~ - - ,II. -' -- ,. 7~n!i~~JlI,,,",,,,,,. ,.,-. ,_ ., II " -'-.""""'-,.",' 'J, ',. o ~; -va-' rnr, ~ 7....r' ~~i: ,;;c-, >- ;'~, (~ t:~ r '--_ Z ::t C> Cl .,- - '~'i l ~~~~ o -n ..--j ,-r\;TI i'~~, ~;? ~y~~ ?~.\n '~""', i; :< ~,;t" ::;r: j'V 0' ~l'l~!"'j~!t,.'4_"!"~,~~!DJ<~RjM'lff~~~fi!WJ.~~~I~1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Lorrie J. Mixell 121 Steelstown Road Newville, PA 17241 BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. ESQuire at (215) 790 1010. ~""'/ _'~ - -'--J-t-",~ r.::':'!'1-'-f:'--""~_",,-_,, :o~,<--c,:,".-,_,,,-.'''''''''' >-"'><-~''', ^',; -",,' ,',,-,,","->""",- --!,.-,-",,:_-'~- r.~ ,- . -", ~ ~, , ~ . -~- "" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 BANe ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esauire at (215) 790-1010. f',-'f,':", - - ~ ". ';-1;2"~"~', "':",_~o,~ ",','. '",;c" --, ; ",,"," _ c"7,--'~'~:_,":"<_' '_' Cc ',.;-".~ ''Co'' CO"~ ','" _ _ _ 0 "0_'", ,.',', ',-,-' "<, - _ 0-'" F.-' " OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Merle E. Mixell, Jr. 121 Steelstown Road Newville, PA 17241 BANe ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esauire at (215) 790-1010. if" '",,~ _>,",0 "'-i-'f:'!--", :_""-,,-,-,,,~_, " ., , " ,,~,," -', ":,-"",,-~,, - -, ___"_",_",___ _0-' '" _',,_",,__,' __T_ McCABE, WEISBERG AND CONWAY, P.C. BY~ TERRENCE J. McCABE, ESQUIRE Id8ntification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 3/16/00 through 5/9/00 TOTAL $63,107.01 S 1.279.30 $64,386.31 ~N~of/f~ TE ENCE J. M~ABE, ESQU E AND NOW, this /~ day of (f2 'a ,-( , 2000, Judgment is entered in favor of Plaintiff, Bane One Financial Services, Inc. and against Defendants Merle E. Mixell, Jr. and Lorrie J. Mixell and Dorothy M. Mixell and damages are assessed in the amount of $64,386.31, plus interest and costs. BY THE PROTHONOTARY: N(L-hy k>-~ ~: .~.'c ~, "<",:x,-',~,'_"l"~_,'C,~!"'_..e__"~,,,,-_,_,-,- "'~. -e .e.. ';c-'. _"~_"__ ',_ _'___~__~_". . - ,"'~ e,,__ .. .- ...... McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL NUMBER 00-1868 CV DOROTHY M. MIXELL AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Merle E. Mixell, Jr., is over eighteen (18) years of age, and resides at 121 Steelstone Road, Newville, PA 17241; and that the Defendant, Lorrie J. Mixell, is over eighteen (18) years of age, and resides at 121 Steelstone Road, Newville, PA 17241; and that the Defendant, Dorothy M. Mixell, is over eighteen (18) years of age, and resides at 125 Centerville Road, Newville, PA 17241. SWORN TO AND SUBSCRIBED BEfORE ME THIS q~ DAY OF M~ , 2000. J. M CABE, ESQUIRE Attorney for Plaintiff LIC \ NOTARIAL SEAL lRACY A RIFF, NolBIY Public \, City of Phil~lphia, Phg~ ~u~~oo My Commission Ex was . , ~~c~, "," , '~/-~,-""--,~~,,,~ 0,",",,; -.-,- --,-". 1--'""'''-''-_:'~ '<',~' "A" .< '~'~'_7'" .4''''-' -. ,- '~~ ,-- , ., " ,,- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV CERTIFICATION Terrence J. McCabe, Esquire, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail letters notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letters in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copies of said letters are attached hereto and marked as Exhibit "A." SWORN TO AND SUBSCRIBED BEFORE ME 'THIS ~ DAY OF ~ ' 2000. ~,Q ~Y6 ~ cCABE, ESQUIRE Plaintiff t,_ :~.,,_'; _._ ---'." -' ".;t'",-,,> '"'_' _~, "'~'"_""'_"",,_" t '."0_, "."'-' "^_"__-'_'''-''''''_'''_-~_C'-' " . u,,- --_---~ - ,_~_"' ":"'~~"__ ."_ _~_ ___",_,~o _ ,'" _ ",,-- OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER prothonotary To: Lorrie J. Mixell 121 Stellstown Road Newville, PA 17241 BANC ONE FINANCIAL SERVICES, INC. v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL April 24, 2000 CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-1868 CV NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE 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 (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia par no haber presentado una camparecencia escrita, ya sea persanalmente 0 par abogado y par no haber radicado por escrito con este Tribunal sus de fens as u objeciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de la fecha de eata notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notificacion a un abogado inmediatamente. 8i usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o lIame por te1efono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 It you have any questions oonoerning this notioe, please oall: Terrenoe J. MoCabe, Esquire MoCABE, WEISBERG AND CONWAY, P. C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/lw ;""'f\\~\' :!?,,~.lS .\~ "~ - ~ -~ ~" _ ~ _,:;",'f" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA LAWRENCE E. WELKER Prothonotary To: Dorothy M. Mixell 125 Centervi11e Road Newville, PA 17241 BANC ONE FINANCIAL SERVICES, INC. v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL 17013 April 24, 2000 CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-1868 CV NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because yOll 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 aaainst vou. Unless vou act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted 5e encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente 0 por abogado y por no haber radicado por escrito con este Tribunal sus defensas u obieciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Oebe llevar esta notificacion a un abogado inmediatamente. 8i usted no tiene abogado, 0 8i no tiene dinere suficiente para tal servicio, vaya en persona o llame per telefono a la ofic1na, nombrada para averiguar s1 puede conseguir as1stencia legal. Court Administrator Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P. C . First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/lw , "-""''''''''"'~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER April 24, 2000 prothonotary To: Merle E. Mixell, Jr. 121 Stellstown Road Newville, PA 17241 BANC ONE FINANCIAL SERVICES, INC. v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-1868 CV NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You a~e in default because you have failed to enter a written appearance personally or by attorAey and file in writing with the Court your defenses or objections to the claims Bet forth against you. Unless you act within ten (10) days from the date of this notice, a judgm~nt may be entered against you without a heating and you may lose your property or other important rights. You should take this notict to a lawyer at once. If you do not have ~ lawyer or cannot afford one, go to or telep~one the following office to find out where you can get legal help: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia par no haber presentado una comparecencia escrita, ya sea persooalmente 0 par abogado y par no haber radicado por escrito con este Tribunal sus defensas U objeciones a los reclamos formulados en contra suyo. Al no tomar la aecton debida dentro de diez (10) dias de la fecha de esta notifieacion, el Tribunal pOdra, sin necesidad de comparecer usted en corte u oir preuba alguna, dietar senteneia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notlficacion a un abogado inmediatamente. Si usted no tiene abogado, 0 si no tiene dioero sufieieote para tal servieio, vaya en persona o llame por telefono a la ofieina, oornbrada para averiguar si puede conseguir asisteneia legal. Court Administrator Cumberland County Courthouse Carlisle, FA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P. C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/lw ';~~ " ~ ~ . -. ~~~ _il't<-""" ,~_"__~_~,-; VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TE~C~~~ '>;.- " ~.~ _F :'O~~-""-'"'('~_ "'" '~'-~ __,_f_'''''_ ... ",. ,"", . -", "'.' ',"n;,< '. '7' . -- . ,,' " "'" , ,. ,~" . _'C< '" - ~ ,~ ^ ,- ~, ,~ I -"0>> - ~~ " , .,^, - -~ ".- " u ~ ;::v G ~ 0 0 0 -:C c Cl -n fl ~ ;:~ -,.. .'4 n,'!II. 0 -TJC2 T"'" :~-:-n rnj';""'j --< 1"'lp () z::::::.} ~-~t9 ("\ Zt"'--- ~ -.... S2~2 ('~ 1. r f-.J ._.rr> :g U F:CJ ~"fJ ='1~:r1 - "";c:! =~ ~:'~ -~ 3 ...:} ~ p:::, 5~2? w ('j~ ~ -oj 0 z 55 ~ 1: -; -< Clj -< r- -f.- ~ -L.. "--, JI~~_ .~ -"', ',~"'~. ~- , ,~""",,",!lfI ,",ij McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Un~on Building 123'South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 14th day of JULY, 2000, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in ~he Affidavit Pursuant to 3129 which is attached hereto as Exhibit "Aff. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." ~AAQ MI0Q 1-tJg~~ RR~NCE J. Me B, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 14th DAY OJ; JULY, 2000. i14~~QP~ "'M6"!'ARY P LIC NOTARIAL SEAL TRACY A. RIFF, Notary Public City of I"hiiadelphia, Phila. County M Commission Ex ires Oct. 23, 2000 ","';.-- =""', "'~_",_'" _', -, _ <r ~_/:~"""~,_,-,"" t_~.-), __ "., ,r ,"" ,,', _ __ _.~?_-"r-" _' :""'_,_, ' ,~_ - '''-,"-- -'r", ~_,___ ",. "~,.-,-_. - _.,-" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building , 12j South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANe ONE FINANCIAL SERVICES, INC, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 Centerville Road, Newville, PA 17241, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Merle E. Mixel1, Jr. 121 Steelstown Road Newville, PA 17241 Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address Merle E. Mixell, Jr. Lorrie J. Mixell 121 Steelstown Road Newville, PA 17241 Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 3. judgment Name and last known address is a record lien on the real Name of every judgment creditor whose property to be sold: Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. EXHIBIT "1\' I"" ~, ~ " ""-':", . ",-;:;-"';'i' "'_'_" '-'.'O"~~" _~_,_(_ '''-''-'::'0';'' ,-'"o:r",~'--':~ - __ ,_, _~ ~_,_,_ '.'C-- _.,.'-,m ,,~., ' ~ ",,- ,,~ -" - --'''-> 5 . interest affected Name and address in or record lien by the sale: Name of every other person who has any record on the property and whose interest may be Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Occupant(s) 125 Centerville Road Newville, PA 17241 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of IS Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 13, 2000 J~l'5~~cC~E~E;~ Attorney for Plaintiff DATE EXHIBIT "P\' 1". " ~\,~<f,,~>,.~ ,;,?' . '''._.' '._C,_" '"",^,-.. _,-,"_"",,,~,,,,~j,._ '_',",__>"""~"'~" ",., - - - - - - ~ ,~~-- __','-.',7"_ ,-. , ,~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Phi1adeiphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV DATE: July 13, 2000 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Dorothy M. Mixell and Merle E. Mixell, Jr. PROPERTY: 125 Centerville Road, Newville, PA 17241 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on September 6, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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Sheriff's Costs: Docketing Poundage Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Share of Bills Law Journal Patriot News Sworn and subscribed to before me 30.00 1,380.00 15.00 15.00 .50 1.00 14.26 1.37 15.00 20.00 40.00 23.53 214.25 216.60 $ 1,986.51 Pd by Atty 09/07/00 So~~ _ ~. r...j <; t:. -." R. Thomas Kline, Sheri f This 1'1 It.. day of (] ~ 2000,A.D.(~kQ,~J~ P onotary BY~.~. J P."-/L Real Estate Deputy \, E;\J '0 b \'6'\ t.k., ~/6,)"'}J'f I~~' - . .. .~,. . .. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIKELL NUMBER 00-1868 CV AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 Centerville Road, Newville, PA 17241, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Merle E. Mixell, Jr. 121 Steelstown Road Newville, PA 17241 Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address Merle E. Mixell, Jr. Lorrie J. Mixell 121 Steelstown Road Newville, PA 17241 Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 I!,.~ . ~- -" - --- . . . 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of reco~d: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6 . Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Occupant(s) 125 Centerville Road Newville, PA 17241 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ - q - 00 ,;L J\ n e r<A/\ ie- /J1 (" ccr.Jo TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff DATE I~~ -" - ; DESCRIPTION ALL THA T CERTAIN piece or parcel of land situate and being in the Township of West Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, and described as follows, to- wit: BEGINNING at a point in the gutter line of the Newville-Centerville Road at comer of land of John S. Greegor and Wife; thence along the land of Greegor, and at right angles to the aforesaid Road 200 feet to other land of Carl DeVoe Famer; thence by a line parallel to the aforesaid Road South 31 degrees East, 100 feet to a point; thence by a line at right angles with the aforesaid public Road 200 feet to the aforesaid gutter line; thence North 31 degrees West 100 feet to the Place of Beginning. COMMONLY known as 125 Centerville Road Tax ID No. 46-21-0359-006 EXHIBIT <I'I!~,:' '.:"; 1HI , .'.. "il ,,~ .- ....... -'1- , McCAEE, WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Phi1~de1phia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE FINANCIAL SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MERLE E. MIXELL, JR. LORRIE J. MIXELL DOROTHY M. MIXELL NUMBER 00-1868 CV NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Merle E. Mixell, Jr. Lorrie J. Mixell 121 Steelstown Road Newville, PA 17241 Dorothy M. Mixell 125 Centerville Road Newville, PA 17241 Your house (real estate) at 125 Centerville Road, Newville, PA 17241 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on September 6, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $64,386.31 obtained by Bane One Financial Services, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Bane One 'd- "'" " Financial Services the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. ' 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to. the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. This ,schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed ., schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY ,BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ;'~;"-- "'."' . >,,,- "',r," ,,_, ~~ '-',' " . DESCRIPTION ALL THAT CERTAIN piece orparcel of land situate and being in the Township of West Pennsboro, County of Cumberland, Co=onwealth of Pennsylvania, and described as follows, to- wit: BEGINNING at a point in the gutter line of the Newville-Centerville Road at comer of land of John S. Greegor and Wife; thence along the land of Greegor, and at right angles to the aforesaid Road 200 feet to other land of Carl DeVoe Famer; thence by a line parallel to the aforesaid Road South 31 degrees East, 100 feet to a point; thence by a line at right angles with the aforesaid public Road 200 feet to the aforesaid gutter line; thence North 31 degrees West 100 feet to the Place of Beginning. COMMONLY known as 125 Centerville Road Tax ID No. 46-21-0359-006 '--~ '''f'--- .., . . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAlTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND To satisfy the debt, interest and costs due N02000-1868 CIVIL 19 CIVIL ACTION - LAW COUNTY: Banc One Financial Services, Inc. PLAINTIFF(S) Merle E. Mixell, Jr. and Lorre J. Mixell, 121 Steelstown Rd., Newville 17241 and Dorothy M.Mixell, 125 Centerville Rd., Newville PA 17241. from PA (1) You are directed to levy upon the property of the defendant(s) and to sell at 125 Centerville Road, Newville PA 17241. (See attached legal description.) DEFENDANT(S) Real estate located (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) iSlareenjoine(j from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon all subject to attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Due Prothy Other Costs $.50 $1. 00 Amount Due $64.386.31 Interest from 5-10-00 Atty's Comm % Atty Paid $155.44 Plaintiff Paid LL Date: June 14, 2000 CURTIS R. LONG Deputy by: REQUESTING PARTY: Name Terrence J. McCabe, Esq. Address: 123 S. Broad St., Ste. 2080 Philadelphia PA 19109 Attorney for: Plaintiff Telephone: (215) 790-1010 Supreme Court ID No. 16496 ~""--~ ,~ " e ~, . REAL ESTAIE SALE NO.5'? ufl 9<- . 1'7, ~ the sheriff levied upon the defendants Interest in the real property situated in &)ulJ!.........L ~/.~ Cumberland County, Pa., known and numbered as:/~..('r?_.i....# ~ /bA /V..#.iL. and more: scribed on Exhibit "A" flied with this writ anO by thiS referefl" 'ncorporated herein. '1318:9"'- . . n :J#Ti1. B~~~- ,C', ~ 1 1, ;~~_ . : ' ,d, ' [, \ j l';iJ' ". ('. '1'1 io,j'" , ,~ \'....' AJ.,\i', .:l.~!~?h ;,--,"," 1 . . ce c:;nl C\ii1 c::;::::I GV tf\iil. ~ ~__''Il-1''~~!~'li'_ffl:W;~I~"I'~_ ~mliP~~1J!1lli' ""~~" -~ ",- .,,, ~",""""'m'f,,,",'':'l'~,~I~ .. . _,"~,,~O Y"" ,_ C~o , "?-,~':;i-';~!~-:,'::," \"''':'':':c~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Banc One Financial Services Inc. Cumberland County COURT OF COMMON PLEAS v. Merle Mixell, Jr. and Lorrie J. Mixell and Dorothy M. Mixell NUMBER 2000-1868 PRAECIPE TO VACATE JUDGMENT AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly vacate judgment and mark the above-captioned matter discontinued and ended, without prejudice, upon payment of your costs only. . 'u."',~_ -,< _0 '_'.,,-.,_ , .,. .~.~" , ,". - ~, -, -~, ~ ,'<" ,_.~->'I":', ._~. ,,~ . .'~' "' lfl1M1"[l)1,.~~,~.~~r,~"_,.." ~] '~j1(1:;I;,'t:%w0\i%\~{ 0 0 0 C -n g c::J :1 __,_. "'Om C) mr"n -1 ~~~G Z-"l~-1 21;:' N 00.,>;: ~ -<... <:,~~~?, '<c: \1 ,---.,:U RcC) -_..~ ;":?C) 20 ~~ qrn J>c ~ 2 :.n ;1>- :<: <::> :5! ._l~_. W'ff!-"~:-'~f; ~, .I~