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Home My WebLink About12-6566 OCT 22 PM 1: 5 2 ter, ACNB BANK, Successor to Farmers National Bank, Plaintiff V. DOROTHY M. MIXELL and MERLE E. MIXELL, a/k/a MERLE E. MIXELL, JR. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA . No. I Z - 6-5-66_ 2012 Civil Term Defendants : Mortgage Foreclosure NOTICE TO DEFEND THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT INHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1.800.990.9108 717.249.3166 416a.7s PdLN 018710 R-? asazY/. Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com ACNB BANK, Successor to Farmers National Bank, Plaintiff V. DOROTHY M. MIXELL and MERLE E. MIXELL, a/k/a MERLE E. MIXELL, JR. Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2012 : Civil Term Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, TO WIT, this 18th day of October 2012, comes Plaintiff, ACNB Bank, successor to Farmers National Bank, by its attorneys, CGA Law Firm, and files the within Complaint in Mortgage Foreclosure as follows: The Plaintiff, ACNB Bank, successor to Farmers National Bank, is a Pennsylvania financial institution organized and existing under the laws of the Commonwealth of Pennsylvania, having a mailing address of P. O. Box 3129, Gettysburg, Pennsylvania 17325. 2. The Defendant, Dorothy M. Mixell, is an adult individual whose last known mailing address is 925 Greenspring Road, Newville, Pennsylvania 17241. The Defendant, Merle E. Mixell, a/k,ia Merle E. Mixell, Jr., is an adult individual whose last known mailing address is 121 Steelstown Road, Newville, Pennsylvania 17241. 3. At all relevant times, the Defendants have been the real owners of a tract or parcel of land with buildings and other improvements thereon located at 125 Centerville Road, West Pennsboro Township, Newville, Cumberland County, Pennsylvania (the "Property"). The Property is more specifically described hereafter. 4 On or about August 29, 2000, in consideration of a loan of $70,000.00, made by Plaintiff to Defendants, which funds were received by Defendants, the Defendants, as Borrowers, executed and delivered to Farmers National Bank, as Lender, a Note dated August 29, 2000, (the "Note"), in the principal amount of $70,000.00 (the "Principal"), and requiring the payment of interest on the Principal at a rate of 8.950% per annum (the "Interest"). A true and correct copy 2 of the Note is attached hereto as Exhibit "A" and incorporated herein. 5. The Note obligates the Defendants to pay to Plaintiff the Principal and Interest in monthly payments in the amount $585.30 each, (the "Payments"), on the 29th day of each month beginning September 29, 2000, until the Principal and Interest are paid in full. The Note has a maturity date of August 29, 2025. 6. The payment to Plaintiff by Defendants of, inter alia, the Payments due under the Note is secured by a Mortgage on the Property dated August 29, 2000, (the "Mortgage"), executed, conveyed and delivered by Defendants, as Mortgagors, to Farmers National Bank, as Lender. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 7. The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on September 6, 2000 in Mortgage Book 1637, Page 526. 8. The Defendants have failed or refused to pay a partial Payment of $143.74 due for July 29, 2012 and the Payments of $585.31 each, due and payable for August 29, 2012 and September 29, 2012, constituting defaults under the terms of the Mortgage. The Defendants owe past due charges of $58.54. The total owed for these amounts is $1,372.90. 9. The Property subject to the lien of the Mortgage is described as follows: A. LAND: 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: 46-21-0395-006 B. IMPROVEMENTS: All buildings and improvements erected upon the Property. C. FIXTURES: All fixtures attached to the Property. D. PROPERTY RIGHTS: All hereditaments, appurtenances, reversions and remainders, rents, issues and profits therefrom. 10. The terms of the Mortgage provide that upon the occurrence of a default by the 4 Defendants, the Plaintiff may accelerate and demand immediate payment of all sums secured by the Mortgage. The sums presently due and payable to Plaintiff by Defendants and secured by the Mortgage are computed as follows: A. Unpaid Principal $54,317.07 B. Unpaid Interest through 10/16/12 $ 1,046.63 C. Past due charges through 10/16/12 $ 58.54 D. Attorney's fees (estimated) $ 2,700.00 TOTAL $58,122.24 12. A Notice of Intention to Foreclose Mortgage as required by as required by 41 P.S. §403 was sent to the Defendants on August 3, 2012 by first-class mail and certified mail, return receipt requested, to the Property address and to their last known mailing addresses. The Defendants have failed to cure all the aforementioned defaults. A true and correct copy of each notice is attached hereto as Exhibit "C" and incorporated herein. 13. While the Mortgage has not been assigned, it was assumed by ACNB Bank, which is the successor to Farmers National Bank. 5 14. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendants with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in the sum of $58,122.24, together with costs and interest accruing at the rate under the Note, ($13.20 per day), from the date hereof, and demands foreclosure and judicial sale of the interests of the Defendants, in the mortgaged Property. CGA Law Firm By: SharodE. M .ifs, Esqoire PA 32111 135 North George Street York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 smyers@cgalaw.com 6 VERIFICATION I hereby affirm that the following facts are correct. The attached Complaint in Mortgage Foreclosure is based upon information which has been furnished to counsel in the preparation of this document. The language of the Complaint in Mortgage Foreclosure is that of counsel and not mine. I have read the Complaint in Mortgage Foreclosure and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint in Mortgage Foreclosure are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. ACNB BANK Susan M. Saylo,,?? . Assistant Vice fPresi nt Dated: October M , 2012 NOTE August 29, 2000 Newville Pennsylvania ............ [City] [State] 125 Centerville Road Newville, PA 17241 ........................................... ....................................... ............................ [Property Address] 1. BORROWER'S PROMISE TO PAY .. . (this amount is called In return for a loan that I have received, I promise to pay U.S. $......... ,000.00 "principal"), plus interest, to the order of the Lender. The Lender is Farmers National Bank 1 W Big Spring Avenue, Newville, PA 17241 I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on the unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ... s :950 % The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the , ...? P"_ day of each month beginning on ....... S. Ptember 2000 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on ....,August 29, 2025 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at.. Farmers National Bank 1 W Bid Sp ....ring Avenue ....................... Newville, PA 17241 or at a different place if required by the Note Holder. ......................... (B) Amount of Monthly Payments My monthly payments will be in the amount of U.S. $ ...... 65.3 0 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment. " When I make a prepayment, I will tell the Note Holder in writing that l am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum to harges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection wit is an exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to r uc c to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limi me. The Note Holder may choose to make this refund by reducing the principal I owe under t ng a direct payment to me. If a refund reduces principal, the reduction will be treated as a p -al ep t 6. BORROWER'S FAILURE TO (A) Late Charge for O e If the Note Holder It of r ed 11 amount of any monthly payment by the end of ..... i5.... calendar days after the date it is due, I 1 pa a charge to the Note Holder. The amount of the charge will be .... 5 ; oo, .. % of my overdue payment of princi d interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing; it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 11 EXHIBIT MULTISTATE FIXED RATE NOTE --Single Family -- FNMA/FHLMC UNIFORM INSTRUMENT A 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. I [Seal] orothy M. ixell -Borrower / - n [Seal] M/1 E. l ixe7.1 -Borrower [Seal] -Borrower [Sign Original Only] ..!EsLCR J 1Ci??i.v •J uCEDn ,UMBERLAND COUNTY-F'A '00 SEP 6 N9 1 19 (Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on .................... August 29, 2000 M. Mixell and Merle ... Mixell The mortgagor is Dorpth ..........? ................ ........................................................................... ................................... ... ("Borrower"). This Security Instrument is given to ............... . .................... Farmers National Bank . . . . .. . . . , which is organized and existing ........................................... ........................................ . under the laws of............ Pennsylvania .., and whose address is ....................................... 1 W Big Spring Avenue, Newville, PA 17241 ("Lender"). ......................................................................... . and 001]00 Borrower owes Lender the principal sum of .. Seventy Thous . and . ........................................................................... Dollars (U.S. $ ..... 70, 000.0. 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, if not paid earlier, due and payable on ...................August 29, 2025 . . . . . . . . . This Security Instrument ....... secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sutras, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance 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 following described property Cumberland County, Pennsylvania: located in .................................................................... . . which has the address of ............125 Centerville..Road Newviiie ................ ............ ......... . .......... .............................. , [Street] [City) Pennsylvania .....17241 ....... ("Property Address"); (Zip Code) TOGETHER WITH all the improvements no a on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the p 1 ements and additions shall also be covered by this Security Instrument. All of the foregoing is referr o s trument as the "Property." BORROWER COVENAN t is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey Pr that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will d end ally the title to the Property against all claims and demands, subject to any encumbrances 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 instrument 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 (f) 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 for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 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 the 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 be 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 snake 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 PENNSYLVANIA angle FanilyFannieMaelFreddleMactINIFORMINST ENT e.,,,"o,,I %",T1637PAGF.526 EXHIBIT FR 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 permitted 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 Instrument, 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 1 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, fines 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 time 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 determines 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. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and 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 the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums 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 damaged, 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 this Security Instrument, whether or not then due, with any excess paid to Borrower. 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 30-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 paragraph 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 immediately 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 Instrument 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 Lender'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 material information) in connection with the loan evidenced by the Note, including, but not limited to, representations 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 in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this 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 Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. 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 mortgage 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. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance Bood.07 PAGE .527 Form 3039 19(90) (page 2 of 4 pages) coverage (in the amount and for the period that Lender requires) provided by an insurer 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. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. 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 the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately 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 immediately 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 value 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 Borrower, 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 the 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 for 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 Bound; Joint and Several Liability; 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 Instrument 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 terms 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, forebear or make any accommodations with regard to the terms 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 law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted 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 ill be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in t 's ment shall be given by delivering it or by mailing it by first class mail unless applicable law requires o d. The notice shall be directed to the Property Address or any other address Borrower designates b of a Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other ad d ates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to ha en o orrower or Lender when given as provided in this paragraph. 15. Governing Law; Severa .s Instrument shall be governed by federal law and the law of the jurisdiction in which the Prope o n e event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, s ce t s of affect other provisions of this Security Instrument or the Note which can be given effect without the co ictin vision. 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 conformed copy of the Note and of this Security instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and 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 the 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 Instrument; 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 monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a We 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. BOOK x,63? PAGE .528 Farm 3039 (9f90) (page 3 of 4 pages) 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 flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, 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 paragraphs 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 sums 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 cost 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 terminate 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 permitted 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 attachment, 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 aquire 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. 27 Riders to this Security Instrument. 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 the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witness . ......r ............ (t..... ...... .. ....... ?.-... . ....................... Seal) ((??JJ r d Dorothy M. Mixell -Borrower d 4L- .. L /............ (Seal) erle E. Mixell -Borrower [Space Below This Line For Acknowledgmentl COMMONWEALTH Oe PENNSYLVANIA, J/1111 I] On this, the d( -y day of the undersigned officer, personally appeared person(s) whose name(s) L?ZAQ? scrib executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: s FCIt ?1 rr`trts'' (= NA ?(, known to me (or satl;faCtonly proven) to be the to the within instrument and acknowledged that _1/ ? •.i%' 01 T1?oPdi4gfal Robin J. Goshom, Notary Public My t OMMISS106 Expires Apr. 17, 2003 Title of Officer Boow1637 PAGE 529 Farm 3039 01901 (page 4 of 4 pages) ALL THAT CERTAIN piece or parcel of land situate in 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 now or formerly of John S. Greegor and Wife; thence along the land now or formerly of Greegor, and at right angles to the aforesaid road 200 feet to other land now or formerly 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. Pennsylvania Cemueriand? "1"0, office _ nc' .W ^ for the recording f r h d r; ins eadL, Vo: 1 CP37 530 To: Dorothy M. Mixell 925 Greensnrine Road Newville, PA 17241 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 125 Centerville Road, Newville, West Pennsboro Township Cumberland County PA IS IN SERIOUS DEFAULT because you have not made the partial monthly payment of 85.31 for the month of MM 29 and the monthly payments ofS585.31 for the months of June 29 and July 29. 2012. Late charges or other charges have also accrued to this date in the amount of 58.54. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1,314.47. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,314.47, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Sherij's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 4 months. A notice of the 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 will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. ACNB Bank- (formerl DAMS COUNTY NAT NAL B By: - usan M. Saylor, Assis t Vic esi ent *Copies also sent to 125 Centerville Road, Newville, PA 17241 and *Copies also sent First Class Mail. EXHIBIT --C- Date: August 3, 2012 Mortgage Loan No._ 74 5739 1 Merle E. Mixell, Jr. Date: August 3, 2012 121 Steelstown Road Mortgage Loan No. 7 4 5 7 3 9 Newville, PA 17241 NOTICE OF INTEArHON TO FORECLOSE MORTGAGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 125 Centerville Road. Newville. West Pennsboro Township Cumberland County PA IS IN SERIOUS DEFAULT because you have not made the partial monthly payment of 85.31 for the month of Mav 29 and the monthly PM? nts of $585.31 for the months of June 29 and July 29. 2012. Late charges or other charges have also accrued to this date in the amount of 58.54. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1,314-47. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,314.47, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged properly. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 4 months. A notice of the 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 will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. WNB B formerIXADAMS COUNTY NATONAL BOK) 'y: Susan . Say or, APeenterville ice esi ent --opies also sent to 125, Road, Newville, PA 17241 and ?opies also sent First Class Mail. ACNE BANK, Successor to Farmers National Bank Plaintiff(s) VS. DOROTHY M. MIXEL.L and MERI E E. MILLI.., a/k/a HMIE E. MLUU, JR. Defendant(s) FORM 1 S-9- % IN THE COURT OF COMMON PLEAS OF 1 --t , CUMBERLAND COUNTY, PENNSYLVANI q c'h 2 ilV y 12 - - Civil ? N 71 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully suynitteoJ October 17, 2012_. Date signat'pre of unsel f Iaintiff t, FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: Is the property for sale? Realtor Name: State: Zip: Yes ? No ? Listing date: Price: $ Borrower Occupied: Yes ? Mailing Address (if different) _ City: Phone Numbers: Home: Cell: Realtor Phone: State: Zip: Office: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: Phone Numbers: Home: Cell: State: Zip: Office: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: _ Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: No[] Is the loan in Bankruptcy? Yes [] No ? If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transportation (automobiles, boats, motorcycles) Year: Amount owed: Value: Year: Value: Model: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Value: Monthly Gross Monthly Gross Monthly Gross Year: Monthly Amount: _ Monthly Amount: _ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently pa&S EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Monthly Net Monthly Net Monthly Net Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZAVON I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 ACNB BANK, Successor to Farmers National Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. DOROTHY M. MIXELL and MERLE E. MIXELL, ask a MERLE E. MIXELL, JR. Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Civil Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date FORM 4 ACNB BANK, Successor to Farmers National Bank Plaintiff(s) vs. DOROTHY IJ. MIXELL and MERLE E. MIXELL, a/k/a MERLE E. MIXELL, JR. Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE MANAGEMENT ORDER AND NOW, this day of Civil ,20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/ lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy „~ 3 %€i EtiiaY{ _ 'r'`''z9 ;~ ,~ d" f Richard W Stewart. Solicitor ACNB Bank Case Number vs. 2012-6566 Dorothy M. Mixell (et gal. j ___ SHERIFF'S RETURN OF SERVICE 10/25/2012 12:48 PM -Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be DONNY MIXELL, GRANDSON, who accepted as "Adult Person in Charge" for Dorothy , .Mixell at 125 Centerville Road. West Pennsboro Township, Newville, PA 17241. Advised by grand o ,Doroth M II is deceased. r I 'LIAM CLINE DEPUTY 10/26/2012 05:09 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Merle E. Mixell, Jr. at 121 Steelstown Road, North Newton Township, Newville, PA 17241. SHAWN GUTSHALL DEPUTY SHERIFF COST: $56.00 November 02, 2012 SO ANSWERS, RONf~1 R ANDERSON, SHERIFF !7-0F F ICE .,�. .� PitOH(JNOIAC ` : � 2013 APR 2S All 11: 26 'CUMBERLAND COUNTY PENNSYLVANIA Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers @cgalaw.com IN THE COURT OF COMMON PLEAS OF S=UM6COUNTY,PENNSYLVANIA ACNB BANK,Successor to Farmers CIVIL ACTION—LAW National Bank, Plaintiff V. No. 2012—6566 CIVIL DOROTHY M.MIXELL (now deceased) Mortgage Foreclosure and MERLE E. MIXELL, a/k/a MERLE E. MIXELL,JR., Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ( SS. COUNTY OF YORK ) Before me,the undersigned officer,personally appeared Sharon E. Myers, Counsel for the Plaintiff, who, being duly sworn according to law, deposes and says that Notice to the parties who hold one or more mortgage,judgment,tax liens against the real estate, or may have an interest in the real estate, of Dorothy M. Mixell (now deceased) and Merle E. Mixell, a/k/a Merle E. Mixell,Jr., was given by first-class mail,postage prepaid thereon, as evidenced by the Certificate of Mailing sheet, attached hereto and made a part hereof as Exhibit"A". A copy of the Notice to Lien Holders Pursuant to PA RCP 3129.2 is attached hereto and made a part hereof as Exhibit`B". Sh on E. yers, squire Sworn and subscribed to before me this" day of f 2013 Notary t6blic My commission expires: COMMONWEALTH OF PENNSYLVANIA Noterla!Seal Barbara].Ross.-Notary Public CRY of York,Yorktounfy My any--Mw EXPIM Feb.17,2016 M PBINSY6VAMiA ASSIMTION OF N WrA.R S Name and Address of Sender Check type of mail or service: ❑Adult Signature Required ❑ Adult Signature Restricted Delivery (ifis. Iss POD, ❑ Certified Mail ❑ Recorded Delivery(International) cert yst CGA Law Firm ❑ COD ❑ Registered or ft i4� i 135 North George Street [3 Delivery Confirmation ❑ Return Receipt for Merchandise cop. York, Pennsylvania 17401 13 Express Mail - [3 Signature Confirmation wrNEr eowEs ❑ Insured Da: O Da: S w 02 1M J v VOQ 0 Article Number Addressee(Name,Street,City,State,8 ZIP CodeTm) Postage 1' 0004229668 APR 23 2013 e SC SH Fe RR MAILED FROM ZIP CODE 1 7401 Fee Fee Fee Fee Fee 1. One Courthouse Square Cumberland County Tax Claim Room 106 — Bureau Carlisle, PA 17013 2. P.O.Box 3129 ACNB Bank,Successor to Farmers Gettsyburq, PA 17325 National Bank m 3. Inheritance Tax Division __ W Commonwealth of Pennsylvania 5th Floor,Strawberry Square Department of Revenue Harrisburq, PA 17128 A sapaW 4. Bureau of Public Inteqrity Commonwealth of Pennsylvania Division of Third Party Liability >_ 10 Department of Public Welfare Estate Recovery Program _ Qy i 1 P.O.Box 8486,Harrisburg, PA 17105-8486 5. 125 Centerville Road dJ + — G Any Tenants/Occupants Newville, PA 17241 O C +O+ 6. P.O.Box 157 O Cr O t0 O Deborah W. Piper,Tax Collector Plainfield, PA 17081 V � West Pennsboro Township I j 0) 7 tR 7. 13 Hanover Street ,,.r > M Cumberland County Domestic P.O.Box 320 0� 4) Relations Office Carlisle,PA 17013 > W H N t+ Gi 8. +� 3 � a a Total Number of Pieces Total Number of Pieces Mtmaer( o rec ivi a loyee) Listed by Sender Received at Post Office 7 PS Form 3877, .tune 2011 (Page 1 of 2) Complete by pewriter,Ink,or Ball Point Pen See Privacy Act Statement on Reverse Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York,PA 17404 717-848-4900 717-843-0939(f) smyers @cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ACNB BANK, Successor to CIVIL ACTION—LAW Farmers National Bank, Plaintiff' V. No.2012—6566 CIVIL DOROTHY M.M]MLL(now deceased), Mortgage Foreclosure and MERLE E.M [ELL,a/k/a MERLE E.MIXELL,JR., Defendants NOTICE TO LIEN HOLDERS PURSUANT TO PA RCP 3129.2 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage,judgment or tax liens against the real estate or the parties may have an interest in the real estate of Dorothy M.Mixell(now deceased)and Merle E.Mizell,a/Wa Merle E.Mixell,Jr. Cumberland County Tax Claim Bureau One Courthouse Square Room 106 Carlisle,PA 17013 EXHIBIT ACNB Bank, Successor to Farmers National Bank P. 0. Box 3129 Gettysburg, PA 17325 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 5t'Floor, Strawberry Square Harrisburg, PA 17128 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Program Integrity Division of Third Party Liability Estate Recovery Program P. 0.Box 8486 Harrisburg,PA 17105-8486 Any Tenants/Occupants. 125 Centerville Road Newville,PA 17241 Deborah W. Piper, Tax Collector West Pennsboro Township P. 0.Box 157 Plainfield,PA 17081 Cumberland County Domestic Relations Office 13 North Hanover Street P. 0. Box 320 Carlisle, PA 17013 You are hereby notified that on June 5,2013 at 10:00 o'clock a.m.,prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County,Pennsylvania,on the judgment of ACNB Bank, Successor to Farmers National Bank v. Dorothy M. Mixell,(now deceased)and Merle E. Mixell,a/k/a Merle E. Mixell,Jr., No. 2012—6566 CIVIL,the Sheriff of Cumberland County,Pennsylvania,will expose at Public Sale in the Cumberland County Courthouse,One Courthouse Square,Carlisle, Cumberland County,Pennsylvania 17241, real estate of Dorothy M. Mixell(now deceased) and Merle E. Mixell,a/k/a Merle E. Mixell,Jr.,known and numbered as 125 Centerville Road,West Pennsboro Township,Newville,Cumberland County,Pennsylvania 17241. The description of said real estate is attached hereto. a � 1 � 1 You are further notified that a Schedule of Proposed Distribution will be filed no later than 30 days after the sale by the Sheriff of Cumberland County, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest,if any, by being notified of said Sheriff Sale. Dated: February 27,2013 Shar E. yers Attorney for Plaintiff 0 ` 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. IT BEING the same premises which Dorothy M. Mixell, a single woman, survivor of herself and her deceased husband,Merle E. Mixell,by her Quit Claim Deed dated September 24, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania, in Record Book 190,Page 867,granted and conveyed unto Dorothy M. Mixell,a single woman, and Merle E. Mixell,Jr.,a married man, as joint tenants with full rights of survivorship and NOT as tenants in common. Commonly known as: 125 Centerville Road Tax ID NO: 46-21-0395-006 Full Address: 125 Centerville Road,Newville,PA 17241 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson. !` t Sheriff Jody S Smith Chief Deputy Richard W Stewart r�LAiD ., Solicitor i Eri11'SYLVAt i, ACNB Bank vs. Case Number Dorothy M. Mixell (Deceased) (et al.) 2012-6566 SHERIFF'S RETURN OF SERVICE 03/26/2013 06:22 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Merle E. Mixell, Jr. at 121 Steelstown Road, North Newton Township, Newville, PA 17241, Cumberland County. 03/26/2013 08:27 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 125 Centerville Road, West Pennsboro-Township, Newville, PA 17241, Cumberland County. 05/31/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $826.22 SO ANSWERS, June 03, 2013 RwV R ANDERSON, SHERIFF 7 :Ounty&00 SI?nri!f,Ideosofl.Inc. Sharon E. Myers,Esquire PA 32111 CGA Law Firm 135 North George Street York,PA 17404 717-848-4900 717-843-0939(f) smyers @cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ACNB BANK, Successor to Farmers CIVIL ACTION—LAW National Bank, . Plaintiff V. No.2012—6566 CIVIL DOROTHY M.MIXELL (now deceased) Mortgage Foreclosure and MERLE E.MIXELL,a/k/a MERLE E. MIXELL,JR., Defendants AFFIDAVIT PURSUANT TO PA RCP 3129.1 SHARON E. MYERS, counsel for plaintiff, in the above action, sets 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, West Pennsboro Township Newville, Cumberland County,Pennsylvania 17241 Affidavit under PA RCP 3129.1 -Page 2 1. Name and address of Owner(s)or Reputed Owner(s): Name Address Dorothy M. Mixell(now deceased) c/o Merle E. Mixell,Jr. As Executor of the Estate of Dorothy M. Mixell 121 Steelstown Road Newville,PA 17241 Merle E. Mixell,a/k/a 121 Steelstown Road Merle E. Mixell,Jr. Newville, PA 17241 2. Name and address of Defendant(s)in the judgment: Name Address Merle E. Mixell,a/k/a same as above Merle E. Mixell,Jr. 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Tax Claim Bureau One Courthouse Square Room 106 Carlisle,PA 17013 ACNB Bank, Successor to Farmers P. O. Box 3129 National Bank Gettysburg,PA 17325 Affidavit under PA RCP 3129.1 —Page 3 4. Name and address of the last recorded holder of every mortgage of record: Name Address ACNB Bank, Successor to Farmers P. O. Box 3129 National Bank Gettysburg, PA 17325 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address None 7. 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 Commonwealth of Pennsylvania Inheritance Tax Division Department of Revenue 5t'Floor, Strawberry Square Harrisburg,PA 17128 Commonwealth of Pennsylvania Bureau of Program Integrity Department of Public Welfare Division of Third Parry Liability Estate Recovery Program P. O. Box 8486 Harrisburg,PA 17105-8486 Affidavit under PA RCP 3129.1—Page 4 Any Tenants/Occupants 125 Centerville Road Newville,PA 17241 Deborah W. Piper,Tax Collector P. O. Box 157 West Pennsboro Township Plainfield,PA 17081 Cumberland County Domestic Relations 13 North Hanover Street Office P. O. Box 320 Carlisle,PA 17013 I verify that the statements made in this affidavit are true and convect 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. §4904 relating to unsworn falsification to authorities. Date: February 27, 2013 SbIVon 12-Myers, squire Counsel for Plaintiff Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers @cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ACNB BANK, Successor to Farmers CIVIL ACTION—LAW National Bank, Plaintiff V. No. 2012—6566 CIVIL DOROTHY M. MIXELL (now deceased) Mortgage Foreclosure and MERLE E. MIXELL, a/k/a MERLE E. MIXELL,JR., Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property(real estate)will be held on June 5,2013, in the CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013 at 10:00 a.m.,prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 125 Centerville Road, West Pennsboro Township Newville, Cumberland County, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2012—6566 CIVIL The names of the owners or reputed owners of this property are: Dorothy M. Mixell, (now deceased) and Merle E. Mixell, a/k/a Merle E. Mixell, Jr., 121 Steelstown Road,Newville, PA 17241 A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are owed taxes),will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 1-800-990-9108 717 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2)business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Room 301, Carlisle, Pennsylvania 17013,before presentation of the petition to the Court. �V � - ��?'OkNEF R TH PLAIN F Sharon E. Myers, Esquire Date: February 27, 2013 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. IT BEING the same premises which Dorothy M. Mixell, a single woman, survivor of herself and her deceased husband, Merle E. Mixell, by her Quit Claim Deed dated September 24, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 190, Page 867, granted and conveyed unto Dorothy M. Mixell, a single woman, and Merle E. Mixell, Jr., a married man, as joint tenants with full rights of survivorship and NOT as tenants in common. Commonly known as: 125 Centerville Road Tax ID NO: 46-21-0395-006 Full Address: 125 Centerville Road,Newville,PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6566 Civil COUNTY'OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACNB BANK,SUCCESSOR TO FARMER NATIONAL BANK Plaintiff(s) From DOROTHY M. MIXELL(NOW DECEASED)AND MERLE E. MIXELL,A/K/A MERLE E. MIXELL,JR. (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $58,890.20 L.L.: $.50 Interest $2,291.01 Atty's Comm: Due Prothy: $2.25 Atty Paid: $204.75 Other Costs: Plaintiff Paid: Date: 2/28/2013 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: SHARON E. MYERS,ESQUIRE Address: CGA LAW FIRM 135 NORTH GEORGE STREET YORK,PA 17404 Attorney for: PLAINTIFF Telephone: 717-848-4900 TRUE COPY FROM RECORD Supreme Court ID No.32111 In Testimony whereof,I here unto set my hand and the s��alggo,f said Co rt at Carlisle,P— This day of '20 /n Q thonotary ) On March 11, 2013 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as 125 Centerville Road, Newville, more fully described on Exhibit � A filed with this writ and by this reference incorporated herein. r. r� Ea_ Date: March 11, 2013 •a By. Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-6566 Civil ACNB BANK vs. DOROTHY M. MIXELL (DECEASED), Merle E. Mixell,Jr. Atty.: Sharon E.Myers DOROTHY M. MIXELL (now de- ceased)and MERLE E. MIXELL,JR. Owners of property situate in West Permsboro Township, Cumberland County, Pennsylvania, being 125 Centerville Road,Newville,PA 17241. Improvements thereon: Residen- tial Dwelling. PROPERTY ADDRESS: 125 CEN- TERVILLE ROAD, NEWVILLE, PA 17241. Tax ID NO:46-21-0395-006. 56 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929),P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12,April 19 and April 26, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. /f-i,,Z Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 26 day of April, 2013 zi- Notary WfARX SEAL DEBORAH A COLLINS Not-Ary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 020 Technology Pkwy Ot atr1*otwXtws Suite 300 Mechanicsburg,-PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 041'16113 04123113 ACNB,BANK �' 04130/13 vt;. DOROTHY M.IaiflXEU. l MECEABED) ,uYe� DOROTHY M.MDan(now deceased) Sworn to and subscribed before this 13 day of May, 2013 A.D. and MERLE E.MIXELL,JR Owners of Property situate is West Pemsboro 7bwns ,Cumberland County, Penosytvania,_being 125 Centerville Road, ry ubliC Newvi7le,PA 17241. Improvements thereon: Residential Dwelling PROPERTY ADDRESS: 125 CENTERVILLE ROAD,NEWVRJA PA Mx ID NO:46-21-039 COMMONWEALTH OF PENNSYLVANIA 'fax 5 Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County MY Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES F LED-OF ICL"' Or THE P OTHONOTAR'-i. 7013 JUN, I I PM 1: 32 CUMBERLAND COUNTY PENNSYLVANIA ACNB BANK, Successor to Farmers IN THE COURT OF COMMON PLEAS National Bank,. OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION - LAW V. No. 2012—6566 CIVIL DOROTHY M. MIXELL (now deceased) : Mortgage Foreclosure and MERLE E. MIXELL, a/k/a MERLE E. MIXELL,JR., Defendants PRAECIPE TO DISCONTINUE To the Prothonotary: (X) Please mark the above-captioned action discontinued without prejudice. The judenmt cis not satisfi-ed in full. ( ) Please mark the above-captioned judgment or lien settled and satisfied. CGA Law Firm By: SW E. Myer , squire PA 32111 135 North George Street York, PA 17401 Telephone: 717-848-4900 Attorneys for Plaintiff Date: June 5, 2013 a� q, PA � C A--" s � � aC?