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14-0764
Supreme Co,": Of ,.ennsylvania C ourt • f Co 'inmo • leas For Prothonotary Use Only: --- , v Docket No: r,i lA CUMBEFtL "ANA C oun ty N zl .1 r The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S x; Complaint El Writ of Summons Petition El Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T ACNB BANK MERLE E. MIXELL, A/K/A MERLE E. MIXELL, JR. Dollar Amount Requested: r1within arbitration limits I Are money damages requested? El Yes El No (check one) fix; outside arbitration limits O N Is this a Class Action Suit? 0 Yes CE No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: Sharon E. Myers, Attorney 0 Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution 0 Debt Collection: Credit Card n Board of Assessment 1 j Motor Vehicle Fil Debt Collection: Other [3 Board of Elections Nuisance Q Dept. of Transportation E] Premises Liability M Statutory Appeal: Other S E] Product Liability (does not include - E mass tort) Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: Q Employment Dispute: Other Q Zoning Board , E3 Other: I E] Other: O MASS TORT El Asbestos N n Tobacco C{ Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS n Toxic Waste 0 Other: � Ejectment Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation n Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord /Tenant Dispute Non - Domestic Relations [x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto Mortgage Foreclosure: Commercial Q Dental M Partition Replevin El Legal Quiet Title Other: Medical Other: Q Other Professional: Updated 1/1/2011 y OF T ki PROWONLITARY 2014 FEB %U�SII NNSYLVA'N A TY ACNB BANK, Successor to : IN THE COURT OF COMMON PLEAS Farmers National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V . . No MERLE E. MIXELL, aWa : Civil Term MERLE E. MIXELL, JR., Defendant 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 S 1. 800. 990.9108 ©,3 ` , 717. 249.3166 i (!,# 55s* c 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 : IN THE COURT OF COMMON PLEAS Farmers National Bank, OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. . No. MERLE E. MIXELL, a/k/a : Civil Term MERLE E. MIXELL, JR. Defendant Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, TO WIT, this 1+'k day of February 2014, 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: 1 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, Merle E. Mixell, a/k/a 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 Defendant has 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 "). Dorothy M. Mixell died September 2, 2012 and title to the Property vested in Defendant by operation of law. 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 Defendant, which funds were received by Defendant, the Defendant, as Borrower, 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 of the Note is attached hereto as Exhibit "A" and incorporated herein. 5. The Note obligates the Defendant to pay to Plaintiff the Principal and Interest in monthly payments initially in the amount $585.30 each, (the "Payments "), on the 29 day of each month beginning September 29, 2000, until the Principal and Interest are paid in full. The Note has a 2 maturity date of August 29, 2025. 6. The payment to Plaintiff by Defendant 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 Defendant has failed or refused to pay the Payments of $585.31 due for October 29, November 29 and December 29, 2013 and January 29, 2014, constituting defaults under the terms of the Mortgage. The Defendants owe past due charges of $87.81. The total owed for these amounts is $2,429.05. 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; 3 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 Defendant, the Plaintiff may accelerate and demand immediate payment of all sums secured by the Mortgage. 11. The sums presently due and payable to Plaintiff by Defendant and secured by the Mortgage are computed as follows: 4 A. Unpaid Principal $52,058.28 B. Unpaid Interest through 2/4/14 $ 1,623.77 C. Past due charges through 2/4/14 $ 87.81 D. Attorney's fees (estimated) $ 2,600.00 TOTAL $56,369.86 12. The Combined Notice as required by 35 P.S. §1680.403c does not apply to this loan. The Property is not the principal residence of the Defendant. 13. While the Mortgage has not been assigned, it was assumed by ACNB Bank, which is the successor to Farmers National Bank. 14. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant 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 Defendant the name and address of the original creditor if different from above. 5 WHEREFORE, Plaintiff demands judgment in the sum of $56,369.86, together with costs and interest accruing at the rate under the Note, ($12.57 per day), from the date hereof, and demands foreclosure and judicial sale of the interests of the Defendant, in the mortgaged Property. CGA Law Firm By: XdE. e s, squir 135 North George Stree 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 unsworn falsification to authorities. ACNB B . B.; Susan M. Saylor Assistant Vice resid Dated: February 5 th , 2014 NOTE August 29 0 Newvil1e Penn. ..sylvnia ..... ...... a .... [City] [State] 125 Centerville Road Newville, PA 1.7.2.4.1 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $. , , , , , 7 9 R . o o (this amount is called "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 ... 8 : 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 Paymetts I will pay principal and interest by making payments every month. I will make my monthly payments on the , , , . � 9th, . , day of each month beginning on .... , , .September 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 Sprint' Aven ................... Ne . .. . , ..PA . .... 17 .241 . , , , , , , , , , . 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. $ .. , , , 5 8 5.3 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 I 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 loarl is finally interpreted so that the interest or other loan charges collected or to be collected in connection wi s 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 s r me. The Note Holder may choose to make this refund by reducing the principal I owe under t aking a direct payment to me. If a refund reduces principal, the reduction will be treated as a p 'al epa t .. 6. BORROWER'S FAII URE TO (A) Late Charge for O e R If the Note Holder has of r ed 11 amount of any monthly payment by the end of ..... �5. calendar days after the date it is due, I l pay a charge to the Note Holder. The amount of the charge will be .... 5, , o o, . _ % 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. EXHIBIT 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. MULTISTATE FIXED RATE NOTE -- Single Family -• FNMAIFHLMC UNIFORM INSTRUMENT SANCONSUMER FORM US M- 320012/83 S. 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. / // /[ AiM. . /p. /......'/�/ [Seal] or G� _Borrower J�orothixell .... Z 7..�1�� [Seal] M rle E. Mixe7.1 Borrower ...:......................................................... ............................... [Seal] ' - Borrower [Sign Original Only] LE R ..i cED3 CUM ERLANID COUNTY - '00 SEP 6 PM 1 19 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ( "Security Instrument ") is given on .................... August z9, 2000 The mortgagor is Doroth M Mixel]. and . Merle E. Mixell ............ .......... Y ... ........................................................ ............................... ........... ............................... ( "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 1 ................ ............................... ( "Lender "). Borrower owes Lender the principal sum of. , ,Seventy Thousand and 001100 ........... ............................... Dollars (U.S. $ ..... 70, 000 00 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for monthly payments, with the full debt, 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 2nd modifications of the Note; (b) the payment of all other sums, 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 Cumberland ................. .................. County described property located in .. .................. . . ............. ry, y which has the address of . ........... 125 Centerville Road Ne .................... wville ........ .............................., [Street] [City] Pennsylvania ..... 17241 ...................... ("Property Address "); [Zip Code] TOGETHER WITH all the improvements no a don the property, and all easements, appurtenances, and fixtures now or hereafter a part of the p Y. 1 cements and additions shall also be covered by this Security Instrument. All of the foregoing is referr . o is r trument as the "Property." BORROWER COVENANT t w is ]awfully 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 n 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 EXHIBIT account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one -time charge for an independent real �{ estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an $ agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender PENNSYLVANIA Single Family-Fannie MaelFreddie Mac UNIFORM INST7FEENT 1 �� P Form 3039 IWO) (page I of 4 pages) ACE .526 t ' 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 stall pay all taxes, assessments, charges, roes 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 iticlude 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 BOOK 1.637 PAGE .527 Form 3039 (9190) (page 2 of 4 pages) } r 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 I 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- siggers. 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 t '' ment shall be given by delivering it or by mailing it by first class mail unless applicable law requires o o' d. The notice shall be directed to the Property Address or any other address Borrower designates b o e Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other ad de ales by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to ha o orrower or Lender when given as provided in this paragraph. 15. Governing Law; Severa Instrument shall be governed by federal law and the law of the jurisdiction in which the Prope o e event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, s co 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) S 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 sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address, to which payments should be made.The notice will also contain any other information required by applicable law, BOOK 163 PAGE ,528 Form 3039 19190) (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 sheriffs 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. Witnes • f,, L.!` . . .............................. /O .1 ........ .........................(Seal) ........ .. /� Dorothy M. Mixell - Borrower f dA_ :� Seal ... /�.... . .... ivil e ' rle E. Mixell - Borrower [Space Below This Line For Acknowledgment] COMMONWEAL�THH O PENNSYLVANIA, County ss: On this, the ! day of fore me the undersigned officer, personally appeared [/ known to me (or satisfactorily proven) to be the person(s) whose name(s) scribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r My. Commis ;ion expires: "t w +u x obin J. Goshom, Notary Public T kereby cettt�y dtatlGe precise` address of the within Mortgagee (Lender) is RAFA [ MY R Commission Expires Apr. 17, Title of Officer aooKi6 37 PACE 529 _.. Form 3039 (9190) (page 4 of 4 pages) s, 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. r •Tr `, u:;•v. K. a .��Y "t .?C State nn }Iva e of Ae s ni a = s} .:?J'F ✓ t. Iy Of Cum? b Hsu ` erland - •'�•'� :Y�'r`c.:�.�;' �:.;;.,,:!,.� ; I:IJ..mrr.Ld It" Uffl ( ice t , for the r erdimg of , at ,� � rJi'•flcfr( Ullni ra.i 4. y` iIl.L �f G WWi- -- l >c t'�ISI�J n Qf Ofi r c f1c` )c�3� Spa �LL0 -0 F I - 10E FORM 1 F #HE P R 0 TH 0 N 0 T/A Rf ACNB Bank Successor to Farmers : IN THE COURT OF COMMON PAJ FFEB I Q PM 1' 48 National Bank CUMBERLAND COUNTY, PENNSYMMAERLAND COUNTY Plaintiff(s) PENNSYLVANIA VS. Merle E. Mixell, a /k/a Merle E. Mixell, Jr. (f Defendants) f t7 Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a 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 su mitte� t- .y Date SignaturVof Counsel for Plaintiff } FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST APPLICATI Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INF FINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ if yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: _ Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support /Alim. Spending Money Day /Child Care /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): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or tender'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: .- 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 IN THE COURT OF COMMON PLEAS OF National Bank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Merle E. Mixell, a /k/a Merle E. Mixell, Jr* Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE 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 Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 ACNB Bank, Successor t0 Farmers IN THE COURT OF COMMON PLEAS OF National Bank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Merle E. Mixell, a /k/a Merle E. Mixell, Jr. Defendants) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t L t-i �,1 ,• , �t�it 01 ¢taix every THE i I �i t Jody S S Chief S Smith mut ?Olt'FEB 28 PM 3: 39 Richard W Stewart CUMBERLAND COUNTY Solicitor Er;F=- PENNSYLVANIA ACNB Bank, successor to Farmers National Bank of Newville, A Division Case Number vs. Merle E. Mixell, Jr. 2014-764 SHERIFF'S RETURN OF SERVICE 02/21/2014 07:34 PM- Deputy Shawn Harrison, being duly sworn according to law, se• ed the re,,ue.ted Complaint & Notice by"personally" handing a true copy to a person representing th- .e -s a be e Defendant, to wit: Merle E. Mixell, Jr. at 121 Steelstown Road, North Newton Towns i • - ' e, P' 17241. AAA .� _ SHA filk AR'l!,-:, DEP —Y SHERIFF COST: $41.56 SO ANSWERS, February 25, 2014 RONNK ANDERSON, SHERIFF ACNB BANK, Successor to Farmers : IN THE COURT OF COMMON PLEAS National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA : CIVIL ACTION - LAW v. : No. 2014 — 764 CIVIL MERLE E. MIXELL, a /k/a • MERLE E. MIXELL, JR . , : Mortgage Foreclosure Defendant PRAECIPE TO SATISFY To the Prothonotary: (X) Please mark the above - captioned action settled and satisfied. ( ) Please mark the above - captioned judgment or lien settled and satisfied. Date: April 7, 2014 CGA Law Firm By: I4 l� Sh.ron E. Myers, Esquire PA 32111 135 North George Street York, PA 17401 Telephone: 717- 848 -4900 Attorneys for Plaintiff