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Home My WebLink About13-2202 Supreme Up ,, ro nnsylvania COUr f #Commo For Prothonotary Use Only: C .>tCCbt�" t Docket No: n Cu County (?� _ �� 1. V" lerm The inlormaliott collected on this fiorm is used solely court udminisiration purposes. This fiorm does not suppleinent or replace the filing and service of'pleadings or other papers as required by law or rules of court. Commencement of Action: s Q Complaint 0 Writ of Summons Petition E 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: AMERICHOICE FEDERAL CREDIT UNION STEVE. J YANEK and EDIE J. YANEK T' I Are money damages requested? 0 ,Yes 0 No Dollar Amount Requested: Owithin arbitration limits (check one) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? E3 Yes No A a Name of Plaintiff /Appellant's Attorney: DARRELL C. DETHLEFS 0 Check here if you have no attorney (are a Self - Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment ® Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance _ Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include mass tort) Employment Dispute: E Discrimination 0 Slander /Libel/ Defamation 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: 0 Other: MASS TORT 0 Asbestos N ( Tobacco 0 Toxic Tort - DES 0 Toxic Tort -Implant Toxic Waste REAL PROPERTY MISCELLANEOUS 0 [3 Other: 0 Ejectment 0 Common Law /Statutory Arbitration B Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Residential Restraining Order El Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 Darrell C. Dethlefs, Esquire ' L. E L - o THE ID #58806 ; " Dethlefs - Pykosh Law Group, LLC 2132 Market Street ) APR 22 PM 3: [; 7 Camp Hill, Pennsylvania 17011 Telephone — (717)975 -9446 lsUMBER1 A C(1�.lr�1'�" Fax — (717) 975 -2309 P E N N� Y L VA N* I A DDethlefs @aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION — LAW STEVEN J. YANEK, JR., and No 1 3 - c2JQ EDIE J. YANEK, . Defendants MORTGAGE FORECLOSURE NOTICE 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 filling in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 6D 103.75 'P8 A`T CI )38(os Darrell C. Dethlefs, Esquire ID # 58805 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975 -9446 Fax — (717) 975 -2309 DDethlefs @aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION — LAW STEVEN J. YANEK, JR., and No.: EDIE J. YANEK, Defendants MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes the Plaintiff, Americhoice Federal Credit Union, by and through its attorneys, the Dethlefs - Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire who files this Complaint for Mortgage Foreclosure (the "Complaint ") against Defendants, Steven J. Yanek, Jr. and Edie J. Yanek, and hereby alleges as follows: 1. Plaintiff is Americhoice Federal Credit Union, duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 20 Sporting Green Drive, Mechanicsburg, PA 17050. 2. Defendant, Steven J. Yanek, Jr., is an adult individual currently residing at 8 South Ridge Road, Boiling Springs, PA 17007. 3. Defendant, Edie J. Yanek, is an adult individual currently residing at 8 South Ridge Road, Boiling Springs, PA 17007. 4. The parcel of real property which is the subject of this action (the "Subject Property ") is 29 East First Street, Boiling Springs, Pa 17007. 1 5. The Subject Property does not serve as the primary residence of the Defendants, and therefore a Notice of Residential Mortgage Foreclosure Diversion Program is not required in this matter. 6. This Court has subject matter jurisdiction over this cause of action. 7. This Court has personal jurisdiction over the Defendants in this matter pursuant to 42 Pa.C.S.A. §§ 5301, 5322(a)(1)(v), and /or 5322(a)(5). 8. Preferred venue properly lies with this Court pursuant to Pa.R.C.P. § 1142. 9. This is an action seeking foreclosure upon a mortgage on certain real estate. 10. Pursuant to that certain Promissory Note with an effective date of February 27, 2009 (as it may have been amended, restated, replaced, supplemented or otherwise modified from time to time, the "Note "), Plaintiff, Americhoice Federal Credit Union, agreed to extend credit to Steven J. Yanek, Jr. and Edie J. Yanek in the original principal sum of one hundred seventy - eight thousand five hundred dollars ($178,500.00) plus interest (the "Loan "). 11. A true and correct copy of the Promissory Note is attached hereto and made a part hereof as Exhibit "A." 12. To secure repayment of the Loan, as evidenced by the Note, Defendants, Steven J. Yanek, Jr. and Edie J. Yanek, executed that certain Mortgage, with an effective date of February 27, 2009 (as it may have been amended, restated, replaced, supplemented or otherwise modified from time to time, the "29 East First Mortgage" in favor of and to Plaintiff, Americhoice Federal Credit Union, as mortgagee. 13. Said Mortgage is a public record accessible in the Recorder of Deeds office in and for Cumberland County, Pennsylvania, Instrument Number 200906300, recorded March 5, 2009, and is attached hereto and made a part hereof as Exhibit `B. 2 e 14. A true and correct copy of the legal description for the Subject Property is attached hereto and made a part herof as Exhibit "C." 15. Plaintiff, Americhoice Federal Credit Union, is the owner and rightful holder of all right, title, and interest in the Notes and Mortgage, (together with all documents, instruments, and agreements delivered in connection with the foregoing and all substitutions therefore and extensions, renewals, replacements, supplements, modifications and amendments thereof, collectively, the "Loan Documents "). 16. Defendants, Steven J. Yanek, Jr. and Edie J. Yanek, have defaulted under the Loan Documents by, inter alia, failing to timely make all payments due thereunder. 17. The Mortgage provides for payment and collection of all costs and expenses to protect Plaintiff, Americhoice Federal Credit Union's, interests in the Property or to collect the total Indebtedness. 18. As a result of the default of Defendants, Steven J. Yanek, Jr. and Edie J. Yanek, Plaintiff, Americhoice Federal Credit Union, has accelerated and declared, and does hereby accelerate and declare any and all amounts due under the Loan Documents to be immediately due and payable. 19. The following amounts are due on the Mortgage as of April 17, 2013: Principal of debt due $170,778.43 Unpaid interest $4,039.38 Title Report $75.00 Court Costs (anticipated, excluding Sheriff's Sale costs) $203.75 Escrow overdraft / (Balance) $0.00 3 Late Charges (Monthly late charge of $30.8350 should be added in accordance $227.80 with the terms of the note after 04/17/13) MIP /PMI $0.00 Recoverable balance $175,324.36 Attorneys Fees (anticipated and actual to 5% of principal) $8,538.92 TOTAL $183,863.28 20. Plaintiff, Americhoice Federal Credit Union, has a valid, perfected and enforceable lien against and security interest on the Subject Property. 21. Plaintiff, Americhoice Federal Credit Union, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants. 22. The amounts due under the Loan Documents are currently due and owing and have not been paid, which is a default. 23. Defendants, Steven J. Yanek, Jr. and Edie J. Yanek, have failed to pay the amounts due and owing under the terms of the Note, which is a default. 24. Defendants, Steven J. Yanek, Jr. and Edie J. Yanek, have failed to pay the amounts due and owing under the terms of the Mortgage, which is a default. 25. Defendants, Steven J. Yanek, Jr. and Edie J. Yanek, have failed to pay the total Indebtedness, which is a default. 26. Plaintiff, Americhoice Federal Credit Union, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants. 4 27. As of the date of this Complaint, and under the Loan Documents, Defendants, Steven J. Yanek, Jr. and Edie J. Yanek owe not less than the Total Indebtedness. 28. The total Indebtedness is now due and owing and has not been paid by Defendants, Steven J. Yanek, Jr. and Edie J. Yanek. 29. Defendants' failure to pay the total Indebtedness constitutes a default pursuant to the Mortgage and under the Loan Documents. 30. As a result of the default of Defendants, Plaintiff, Americhoice Federal Credit Union, has incurred and continues to incur expenses under the Loan Documents including, without limitation, attorneys' fees, costs, and expenses, all of which amounts are payable by and secured under the Loan Documents and which Plaintiff, Americhoice Federal Credit Union, is entitled to recover under the Loan Documents. 31. Defendants, have failed to make payments for the amounts due and owing under the Loan Documents, which is a default. 32. Plaintiff, Americhoice Federal Credit Union, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants. 33. The loan documents are secured by a non -owner occupied investment property and are commercial loans. Accordingly, the combined notice under the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 are not applicable. 5 WHEREFORE, Plaintiff, Americhoice Federal Credit Union, demands judgment be entered, in rem, against the Defendants herein in the sum of $175,324.36 plus interest, costs and attorney's fees as more fully set forth in the Complaint, and for foreclosure and sale of the mortgaged premises. Respectful s bmitted, Dethlefs- ko Law Grou Darrell thlefs, Esquire 2132 MArket Street Camp Hill, PA 17011 (717) 975 -9446 Attorney for Plaintiff Date: 1 6 EXHIBIT 4 PROMISSORY NOTE A i PFFritrlp;�N LbtlEh Dlkt :; 41GGtfty l.iftitl <1VQ ca11,r l�ty I �1ttrtit ..: " '; i 9178,500.00 fez 2T OD : f?.�= �'i' »�p '�j�i ' , �a01= 00t1�d8. • Q��f�r ^ ihitF�ts , References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or Item. Any item above containing " has been omitted due to text length limitations. Borrower: Steve J. Yanek aka Steve J. Yanek, Jr. Lender: AmeriChoice Federal Credit Union Edie Yanek 8 South Ridge Road 2175 Bumble Bee Hollow Road Boiling Springs, PA 17007 Mechanicsburg, PA 17055 , Principal Amount: $178,500.00 Date of Note: February 27, 2009 i t PROMISE TO PAY. Steve J. Yanek site Steve J. Yanek, Jr.; and Edie J. Yanek ( "Borrower ") jointly and several) promise Federal Credit Union 1 "Lender "), or order, in lawful money of the United States of America, the p incipal amountot One Hund ed Se enty eight Thousand Five Hundred & 001100 Dollars (9178,500.00), together with Interest on the unpaid principal balance from February 27, 2009, until I paid in full. . r PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this ban in accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph using the interest rates described in this paragraph: 60 monthly consecutive principal and interest payments in the initial amount of r $1,139.05 each, beginning March 27, 2009, with interest calculated on the unpaid principal balances using an interest rate of 6.500% pr annum e based on a year of 360 days; 59 monthly consecutive principal and interest payments In the initial amount of $935.82 each, beginnin March 27, 2014, with interest calculated on the unpaid principal balances using an interest rate based on the highest US Prime Rate as published In the Money Rates Section of the Wall Street Journal, Eastern Edition (currently 3.250 %), plus a margin of 1.000 percentage points, adjusted if necessary for the minimum and maximum rate limitations for this loan, resulting in an initial Interest rate of 4.500% per annum based on a year of 360 days; and one principal and interest payment of $148,051.98 on February 27, 2019, with interest calculated on the unpaid principal balances using an interest rate based an the highest US Prime Rate as published in the Money Rates Section of the Wall Street Journal, , Eastern Edition (currently 3.250 %1, plus a margin of 1.000 percentage points, adjusted If necessary for the minimum and maximum rate limitations for this loan, resulting In an initial interest rate of 4.500% per annum based on a year of 360 days. This estimated final payment is r based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any late charges; then to any accrued unpaid interest; then to principal; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in i t writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index ; which is the highest US Prime Rate as published in the Money Rates Section of the Wall Street Journal, Eastern Edition (the "Index "). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest 1 rate change will not occur more often than each month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or + . rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the Interest rate for each subsequent payment stream will be effective as of the last payment date of the Just - ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be less than 4.500% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) r increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 3651360 basis; that is, by applying the ratio of the interest rate , over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless 1 agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender , payments marked "paid in full ", "without recourse ", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written i communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes i "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled ' payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue j interest at the interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If judgment Is entered in connection with this Note, interest will continue to accrue after the date of ' judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ( "Event of Default ") under this Note: + " Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender end Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or ; sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. , False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this ' Loan No: 1001 - 000146 PROMISSORY NOTE (Continued) Page 2 Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false t or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for an 1 y part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of an 1 1 y proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, r repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. ( j This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate ! reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any 1 ` Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid I j balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount, P Principal f! ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pa Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender y 's legal expanses, + whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court addition costs, in addi to + + all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the la wa of I i the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the j Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland i County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $30.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borrower agrees that all loan advances under this Note are secured by all shares and deposits in all joint and individual t ' accounts Borrower has with Lender now and In the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the I ! balance In these accounts to pay any amounts due under this Note when Borrower Is in default under this Note. Shares and deposits in an I Individual Retirement Account and any other account that would lose special tax treatme subject to the security Interest Borrower has given in Borrower's shares and deposits. nt under state or federal law if given as security are not SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, f successors and assigns, and shall Inure to the benefit of Lender and its successors and assigns. , I NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any Inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to i f us at the following address: AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. f GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not effect the rest of the Note. Lender may delay or Forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands end agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend j additional credit; (b) after, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms f of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; Id) apply such security and direct the j order or manner of sale thereof, including without limitation, any non - judicial sale permitted by the terms of the controlling security agreements, ) as Lender in Its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of , payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by low, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for I any length of time) this loon or release any party or guarantor or collateral; or Impair, fail to realize upon or perfect Lender's security interest in t the collateral; end take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree 1 that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, The it will not affect ' the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE ' PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND 1 t ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (9500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE I EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT iN R( PROMISSORY NOTE 1 f Loan No: 1001 000146 (Continued) Page 3 FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER i SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. t! PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: i X ;,' � � {S eal) X i J "Steve,J. anek aka Steve J. a k Edie . Yanek 'Seal) / r ... wS/ MO L11, V. \ J] W M7 CoL• IWIFy f.rye•J. $e+e•rl MG •007 J00'J N a fJS �1nd rw M 'Cl': lot• 1 OM IC lA fD VA 6 , 1 f / f r f � 1 �I I� 1 .I 1 rs 7 , '4 . •r .I ( 1 �f Parcel Identfication I 40 -2 9 -2482 -079 -U 11 RECORDATION 000UCM REQUESTED BY: + AmeriChoice Federal Credit i Union 2175 Bumble Bee Hollow Road ! j Mechanicsburg, PA 17055 J ' WHEN RECORDED MAIL I I TO: AmeriCholce Federal Credit Union 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 ( ) If i FOR RECORDER'S USE ONLY li OPEN - END MORTGAGE AND SECURITY AGREEMENT THIS IS A PURCHASE MONEY MORTGAGE I ! (This instrument is an open -end mort agge and secures future advances pursuant to 42 Pa. C.S. ) , 8143 and 8144, Act No. 126 of 990) I� Amount Secured Hereby: $178,500.00 ; THIS MORTGAGE dated February 27, 2009, is made and executed between Steve J. Yenek, Jr. (referred to below as Grantor ") and ArnerlChoice Federal Credit Union, whose address is i Mechanicsburg, PA 17055 (referred to below as "Lender "). I + GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, ► hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter privileges, tenements, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with 1 ditch or irrigation rights); and all other rights, royalties, and profits relating to the reel property, including without I ! limitation all minerals, oil, g as, geothermal and similar matters, (the "Real Property ") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A ", which is attached to this Mortgage and made a part of this Mortgage as if l fully set forth herein. The Real Proparty or its address is commonly known as 29 East First Street, Boiling Springs, PA 17007. The Real Property parcel identification number is 4 0 -29- 2482 - 079 -U11. CROSS COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as ail claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or I ) unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquideted, whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, sure party whether recovery upon such amounts may be or hereafter may become barrred any of otherwise, r limitatons, and I whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. I � Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the I Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security ± interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND EXHIBIT r B `► �i I MORTGAGE (Continued) Page 2 � it PERSONAL PROPERTY, IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: f ( GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti - deficiency" low, or any other low which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. I r+ GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into i this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from I Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Borrower to acquire title to the t Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to ` Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictl 1 Borrower's and Grantor's obligations under this Mortgage. y perform all I POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's ` I possession and use of the Property shall be governed by the following provisions: I ► Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or menage the Property; and (3) collect the Rents from the Property. ' Duty to Maintain. Grantor shell maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of , Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and I acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, I r generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or { i threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously _ disclosed to and acknowledged by Lender in writing, (e) neither Grantor nor any tenant, contractor, agent or other 7 T authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous i I Substance on, under, about or from the Property; and (b) any such activity shelf be conducted in compliance with i all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such t inspections and tests, at Grantor's expense, as Lender may doom appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's Purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or 1 to any other person. The representations and warranties contained herein are based on Grantor's due diligence in ) investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims I against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under { i any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, ' liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, , disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, I including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be effected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including j oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may requl • f I ( i i 11 . If i� I MORTGAGE "! (Continued) ! ' Page 3 c Grantor lu make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all i reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's I ' compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and l regulations, now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's 4 I interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. f t Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. , DUE t ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any Y part of the Real Property, or any interest in the Real Pro I , p rb. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater r than three 13) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land I I trust holding title to the Reel Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania low. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: f Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, payroll taxes, special taxes, I assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith i dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, ' within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by j Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes t or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes end assessments against the Property. 1 Notice of Construction. Grantor shall notify Lender at least fifteen 115) days before any work is commenced, any I ! services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender f furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such ! 4 improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this ' Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended l coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real ' Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance In such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance 1 t Policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and I i+ li tt l 1. i MORTGAGE i (Continued) Page 4 in such form as may be reasonably acceptable to Lender. Grantor shell deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of fifteen (15) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of f i Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the i 1 Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as e special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 t t days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such ' insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may I make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration I and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed t i within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property i shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, i encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on f t demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage i f also will secure payment of these amounts. Such right shell be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any + ` mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other then those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to ' Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all ersons. In the event an action or proceeding r f p Y p g is commenced that questions Grantor's title or the interest of Lander under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and ; Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time ' to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all I existing applicable laws, ordinances, and regulations of governmental authorities. f Survival of Representations and Warranties. All representations, warranties, end agreements made by Grantor in t this Mortgage shall survive the execution and delivery of this Mortgage, shell be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shell be paid in full. , CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: i f I i I , i i I MORTGAGE ' (Continued) Page 5 Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and 1 Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor ! may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to i Lender such instruments and documentation as may be requested by Lender from time to time to permit such t participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by j r any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net i 1 proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating j to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the + Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, ( t documentary stamps, and other charges for recording or registering this Mortgage. , Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of , Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; 12) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a 1 specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) cornests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: I i if Security Agreement. This instrument shell constitute a Security Agreement to the extent any of the Property ! constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. ! y i Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect ; and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shell reimburse Lender ! f for all expenses incurred In perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and ' make it available to Lender within three (3) days after receipt of written demand from Lender to the extent t permitted by applicable low. i 14 Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information i concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and f f deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by r i Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, ( I perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the i r Related Documents, and (2) the liens end security Interests created by this Mortgage as first and prior liens on ! the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to I the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the , 1� I S� t i i' i} MORTGAGE (Continued) Page 6 i matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender ' may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby f r irrevocably authorizes Lander to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is 1 understood that nothing set forth herein shall require Lender to take any such actions. j } FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all ; the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable low, any i t reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: II Payment Default. Borrower fells to make any payment when due under the Indebtedness. 1 Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. ! f Other Defaults, Borrower or Grantor fails to comply with or to t p y perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, I it security agreement, purchase or sales agreement, or any other agreement, to favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any + related document. i False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor ' or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any { ; material respect, either now or at the time made or furnished or becomes false or misleading at any time I I thereafter. if Defective Collateralization. This Mortgage or any of the Related Documents ceases to be In full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against I Borrower or Grantor. i Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial + proceeding, self -help, repossession or any other method, by any creditor of Borrower or Grantor or by any I governmental agency against any property securing the Indebtedness. This includes a garnishment of any of I Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply If there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim ' which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture f proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between ' Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the I prospect of payment or performance of the Indebtedness is impaired. { RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or i I MORTGAGE ; (Continued) Page 7 remedies provided by low: t Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. + UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and ) f remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the l Property and collect the Rents, including amounts pest due and unpaid, and apply the net proceeds, over and i r above Lender's coats, against the Indebtedness. In furtherance of this right. Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof In the name of Grantor end to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the I I receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. i 1 Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the i Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney i for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action In ejectment for possession of the Property and to appear for and confess judgment i • against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of i 1 possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage I verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, I without any prior writ or proceeding whatsoever. Nonjudiciaf Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. j Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. - —• Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided ' above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, } i Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, st Lender's ( f option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available f at law or in equity. Sale of the Property. To the extent permitted by applicable low, Borrower and Grantor hereby waive any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. t ! Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal I Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with ( I any sale of the Real Property. j Election of Remedies. Election b Lender to pursue an remedy shall not exclude I Y P Y pursuit of any other remedy, end i an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after , } Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing i I under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to j Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed �e I I� I( j1 I' i 1 i f 1 i MORTGAGE (Continued) I Page 8 i directly against Grantor and/or Borrower and /or against any other co- maker, guarantor, surety or endorser and/or to I ' proceed against any other collateral directly or indirectly securing the Indebtedness. , Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, 6 Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and i upon any appeal. Whether or not any court action is involved, end to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its i interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, t I without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or in a antici ated Y I p orts ( and any p past - judgment collection services, the cost of searching records, obtaining title reports including i foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, an notice required to be f ! Y q given under this Mortgage shall be 1 given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless ! f otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited ) + in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et, seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change Its address for notices under this Mortgage by r giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. I ADVANCE MONEY MORTGAGE. (A) This Mortgage secures future advances made pursuant to the Note or Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. 8144. (B) If Grantor sends a written notice to Lender which purports to limit the indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances made: (1) to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; (2) to pay taxes, ! e assessments, maintenance charges and insurance premiums; 13) for costs incurred for the protection of the Property or the lien of this Mortgage; (4) on account of expenses incurred by Lender by reason of a default of Borrower or Grantor hereunder or under the Related Documents or under the Note; and (5) on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage. it Is the intention of the parties hereto that any such l advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. ' MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and } agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shell be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's I previous fiscal year in such form and detail as Lender shall require. "Net operating income' shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to 1 interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not 1 preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law i provisions. This Mortgage hes been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several, + t and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage. I No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such { waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right .j , I• I , Ir i� MORTGAGE (Continued) Page 9 shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be Illegal, invalid, or t unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent ' of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time Is of the essence in the performance of this Mortgage. r Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this } Mortgage. Unless specifically tated to the contra I ' Y contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall i have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Steve J. Yanek aka Steve J. Yanek, Jr.; and Edie J. Yanek and includes all . co-signers and co-makers signing the Note and all their successors and assigns. I 'Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default ". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without , limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section (1901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Steve J. Yanek aka Steve J. Yanek, Jr.. ; Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the ► + Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation e ! guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard I ! to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and i I include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed s under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, , mobile homes affixed on the Rea! Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses + �I ji i i l ii I MORTGAGE (Continued) Page 10 1+ payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, I ! consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without I I limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross. Collateralization provision I 1 of this Mortgage. Lender. The word "Lender" means AmeriChoice Federal Credit Union, its successors and assigns. ' Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. I� Note. The word "Note" means the promissory note dated February 27, 2009, in the original principal amount of $178,500.00 from Borrower to Lender, together with all renewals of, extensions of, modifications i of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of 1 ` the Note is February 27, 2019. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. I Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal ! 1 property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; I i together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. r 1 i Real Property. The words "Reel Property" mean the real property, interests and rights, as further described in this Mortgage. II Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan 1 f agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security i deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, I I other benefits derived from the Property. Y profits, and ! �l GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE { AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: J. a aka Steve J. Y e r. (Seal! li CERTIFICATE OF RESIDENCE i I hereby certify, that the precise address of the mortgagee, AmeriCholce Federal Credit, rein is as follows: I + 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 1 I Attorney`' o gen -for Mortgagee Robert C. Saidis, Esquire If , �I I� Il ) 1� t+ MORTGAGE (Continued) Page 11 I( INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) 4 + ) SS i COUNTY OF nr+mherld ^A ) � � On this, the 27th day of _Fehruary 20 before me —� Tv0 \\'.%4t 1 * t S. b. , the undersigned Notary Public, personally appeared Steve J. Yanek aka Steve J. Yanek, Jr., known to me (or satisfactoril proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, 1 hereunto set my hand and official seal. i li COMMONW OF PENNSYLV . Notarial Seal ^ { Yvonne Seisah, Notary Publle Nota ( P blic in and for the State of PA I + Camp Hill Bero, CumbwiwW County \ My Commission Expires Feb. 1, 2012 , + Member, Pennsylvania Association of Notaries LASER PRO Lending, Ver. 5.43.00.003 Copr. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. PA M:WFI%LPL%G03.FC TR -49 PR -6 'I I i I i� 1' f 1 I' . i +it I j I } 1 . , 1 1 f ,1 Exhibit A ALL THAT CERTAIN unit, being Unit No. 11 ( "the Unit ") of Spring Court Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration creating and establishing Spring Court Condominium, dated October 1, 1986 and recorded October 17, 1986 in the Office in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 324, Page 775 and the Amendment of Declaration of Spring Court Condominium dated July 29,1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 424, Page 1140, and 2nd Amendment to the Declaration creating and establishing Spring Court Condominium dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2721 and the Assignment of Special Declarant Rights, Unit 7 -17, inclusive, Spring Court Condominium, dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2737 and designated in the Third Amendment to the Declaration of Spring Court Condominium dated December 21, 2006 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 733, Page 1470 and the corresponding plots and Plans in Plan Book 92, Page 89 ( "collectively, the Declaration of Condominium "). TOGETHER with an undivided interest in common elements as more particularly set forth in the aforesaid Third Amendment to Declaration of Spring Court Condominium. TOGETHER with the right to use limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and the Grantors submitted the property to the provisions to the Pennsylvania Uniform Condominium Act, as amended, and created Spring Court Condominium of which the above described Unit is a part. Under and Subject to the Declaration of Condominium, rights of way, easements and agreements recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania and matters which a physical inspection and survey of the Unit and common elements would disclose. 'SS24!; -MM-22 ROBERT P. ZIEGLER t� RECORDER OF DEEDS. CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 m 717- 240 -6370 _ _ a{ .s Instrument Number - 200906300 Recorded On 3/5/2009 At 12:09:02 PM * Total Pages -13 • Instrument Type - MORTGAGE Invoice Number - 38522 User ID - JM • Mortgagor - YANEK, STEVE J JR • Mortgagee - AMERICHOICE FEDERAL CREDIT UNION • Customer - SAIDIS * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $27.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $64.50 I Certify this to be recorded in Cumberland County PA y op °uvs� ° RECORDER O 7E * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 00OUCM I) I I I) IIII IIII I III � (I 1�1 EXHIBIT C ALL THAT CERTAIN unit, being Unit No. 11 ( "the Unit") of Spring Court Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration creating and establishing Spring Court Condominium, dated October 1, 1986 and recorded October 17, 1986 in the Office in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 324, Page 775 and the Amendment of Declaration of Spring Court Condominium dated July 29,1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 424, Page 1140, and 2nd Amendment to the Declaration creating and establishing Spring Court Condominium dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2721 and the Assignment of Special Declarant Rights, Unit 7 -17, inclusive, Spring Court Condominium, dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2737 and designated in the Third Amendment to the Declaration of Spring Court Condominium dated December 21, 2006 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 733, Page 1470 and the corresponding plots and Plans in Plan Book 92, Page 89 ( "collectively, the Declaration of Condominium "). TOGETHER with an undivided interest in common elements as more particularly set forth in the aforesaid Third Amendment to Declaration of Spring Court Condominium. TOGETHER with the right to use limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and the Grantors submitted the property to the provisions to the Pennsylvania Uniform Condominium Act, as amended, and created Spring Court Condominium of which the above described Unit is a part. Under and Subject to the Declaration of Condominium, rights of way, easements and agreements recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania and matters which a physical inspection and survey of the Unit and common elements would disclose. = 1:ti1F;RIUIft }Wl". FEDERAL R »s i IN THE (*()UR 3 F (0; . I.N10-1 PLEAS CREDIT t`MON, C" �'4�I�i�:I��.��Il�t»"t'3�`;�`ry Plaintiff, - { IVILs K 11100 -- LAW t STEVEN .i. YANEK 114., and No.: ttrfcttdan #s M()}t'>I'tx:"I<G Ffi9ILM l O'.41AF a i TA L Rffl F K ' , , A:f1 0i A t 4 I. Dallas 7ulh, As,istam Vice PresiJent. Amerxt hoic a Federal Credit Union ht= by t �rriA that The iict enlents of 14cl made in die foregoing Complaint are tn.te and correct to the be. t t}t DIN personal ltino itr Le. infortnation anti hefief. I understand that arty false staTre:tttt -MN therein are Su hivel yo Tile Criminal penalties contained in 18 I'a C. S- Section ec:tion 4 +11)4, relating tit t n -w.-om ialsilicution to authorities, ZU1ii Assktant Vict Pres rnt AtmriC'hoice NAmal Crctlft Union Date — SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILEO_0FFIC Jody S Smith O THE PROTHONO "'ARY r . ' 2013 APR 29 1.- 30 Chief Deputy Richard W Stewart Solicitor DEERE OF THE SHERIFP 6UMBERLAND COUNTY PENNSYLVANIA Americhoice Federal Credit Union Case Number vs. 2013-2202 Steve J. Yanek, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 04/23/2013 08:35 PM- Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing th selves to be Edie Yanek, wife of defendant, who accepted as"Adult Person in Charge"for Stev e , Jr. at 8 S. Ridge Road, South Middleton Township, Boiling Springs, PA 17007. S AWN RRISON, DEPUTY 04/23/2013 08:35 PM - Deputy Shawn Harrison, being duly sworn according to law, served requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a perso epr en ing themselves to be the Defendant, to wit: Edie J Yanek at 8 South Ridge Road, South Midd a oili g Springs, PA 17007. SH WN HARRISON, DEPUTY 04/23/2013 08:45 PM - Deputy Shawn Harrison, being duly sworn according to law, served the r uested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person represe in themselves to be the Defendant, to wit: Christopher Pollard, Occupant at 29 East First Str t, ou Mi dleton, Boiling Springs, PA 17007. SHYWR HARRISON, DEPUTY SHERIFF COST: $82.66 SO ANSWERS,JJf/yy�//J/�� April 24, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuito Sheriff,Teleosoft,Inc, F, 0 F F I C'l` Darrell C.Dethlefs,Esquire TA ID#58805 k"!F THE PROTHONO Dethlefs-Pykosh Law Group,LLC 2013 JUN -4 PM 2: 0-5 2132 Market Street Camp Hill,Pennsylvania 17011 CUMBERLAND COU111 Y Telephone—(717)975-9446 PENNSYLVANIA Fax—(717)975-2309 DDethlefs@,aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW STEVE J. YANEK,JR. and EDIE J.YANEK, No.:13-2202 CIVIL TERM Defendants MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in favor of the Plaintiff,Americhoice Federal Credit Union, and against the Defendants, Steven J. Yanek and Edie J. Yanek, for failure to answer or otherwise plead in the above captioned matter within twenty (20) days of the date of service of the Complaint and enter judgment in rem for: Principal Balance: $170,778.43 Interest(through April 17, 2013): $4,039.38 Title Repdrt: $TBD Escrow overdraft(forced insurance): $TBD Court Costs: $203.75 Late Charges*(as of April 17, 2013): $227.80 Attorneys,Fees (5% of principle, Interest and Late Charges): $TBD ------------------------------------------------------------------------------------------------------------ Total: $175,249.36 �ju/�c�. ��IBjLr°� $175,249.36 with interest, accruing at 6.5%,plus attorney's fees and the costs of suit. The undersigned certifies that a written notice of intention to file a Praecipe for Judgment was mailed to the Defendants:on May 14, 2013 and copy of said notice is attached hereto. 1� Dethlefs-Pykosh a Group, LLC Date: By: Darr . Dethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, PA 17011 Tele#: (717) 975-9445 1 I U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix [R. From: L' postage and Gl UY� I ' G i� i postmark._Inquire of Postmaster for postage One piece of pr nary mail addressed 10: 1 {zuc -,tot: 1 1, r1V, s /1 17oc > MAY BE USED FORD ESTIC ND INT NATIONAL MAIL. DOES NOT PROVIDE ' FO fl INSURANCE —PosTM STEa PS FORM MAY 1976 3817 fr U.S.G.P.O.: 1988 -202-395/78114 U.S. POSTAGE PAID LEMOYNE.PA 17083 MAY I9.'I'� UNITEOSTATES AMOUNT POSTAL SFRVICE 1000 $1 .20 } 00087902-06 I F i a U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Recei - • postage and (�•�(V-r- ` fi-C.1 V\\-C, G postmark.Inquire of �1^ Postmaster for postage ` —��Klr , One piece of or nary mail addressod o: 1 �c� � � S r�1.� 0� I �jUC7 MAY BE USED FOR OMESTI AND INItANATIONAL MAIL,DOES NOT P FOR INSURANCE -POST ASTER ROVIDE . - PS FORM MAY 1976 3817 fr U.S.G.P•O.: 1988 -202-395/78114' , U.S. POSTAGE PAID LEMOYNE.PA 17093 VNITEO STATES MAY l�. 13 nosrnr sfawcf AMOUNT 1000 $1 .20 00087902-06 Darrell C. Dethlefs, Esquire ID 9 58805 Detlilefs-Pykosh Law Group,LLC u 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 DDetlilefs@aot.coni CUMBERLAND tl.U\.Attorney for lliaimiff- AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION -LAW STEVE J. YANEK,JR. and EDIE J. YANEK, NO.: 2013-2202 Defendants MORTGAGE FORECLOSURE TO: Steve J. Yanek. .Jr. Edie J. Yanek S'So' ll'ill Ridge Road 8 South Ridge Road Boiling Springs, PA 17007 Boiling Springs, PA 17007 DATE OF NOTICE: May 14, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER - IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 A: Steve J. Yanek, Jr. 8 South Ridge Road Edie J. Yanek 8 South Ridge Road Boiling Springs, PA 17007 Boiling Springs, PA 17007 FECHA DE NOTICIA: May 14, 2013 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RES13ECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ.(I 0) SIAS DESDE LA FE CHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AUYDA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Dater Darrell C. Dethlefs, Esquire I.D. # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff 1 Darrell C. Dethlefs, Esquire i- , YJI ut 9�. �.�-iJi't ��.�Y ID # 58805 Dethlefs-Pykosh Law Group, LLC F 2132 Market Street (�13 -- = Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 CUMBERLAND COUNT Y Fax—(717)975-2309 PENNSYLVANIA DDethlefs @aol.com Attorney for Plaintiff AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION - LAW STEVE J. YANEK, JR. and EDIE J. YANEK, NO.: 2013-2202 Defendants MORTGAGE FORECLOSURE _ TO: _ Steve.J. Yanek,Jr. Edie J. Yanek 8 South Ridge Road 8 South Ridge Road Boiling Springs, PA 17007 Boiling Springs, PA 17007 DATE OF NOTICE: May 14, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PRO_ PERTY OR OTHER IMPORTANT-RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r A: Steve J. Yanek, Jr. Edie J. Yanek 8 South Ridge Road 8 South Ridge Road Boiling Springs, PA 17007 Boiling Springs, PA 17007 FECHA DE NOTICIA: May 14, 2013 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) SIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO.TIENE CON QUE PAGAR LOS.SERVICIOS DE UN ABOGADO, VA.YA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AUYDA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 I ---------.. Date: t /�/ Darrell C. Dethlefs, Esquire I.D. # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff Darrell C.Dethlefs,Esquire } ID#58805 Dethlefs-PykoshLaw Group,LLC ij; T Ht RRU T HON(' �'``! 2132 Market Street 6 Camp Hill,Pennsylvania 17011 2043 JUN, —fib Pfd _' , Telephone—(717)975-9446 Fax—(717)975-2309 std-iBERLAC�D cli �Y DDethlefs c(�,aol.com PENNSYLVANIA Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW STEVE J. YANEK,JR. and EDIE J. YANEK, No.:13-2202 CIVIL TERM Defendants MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a notary public in and for said County and Commonwealth, personally appeared, Darrell C. Dethlefs, Esquire, attorney for Plaintiff, who being duly sworn-according law deposes and says that the Defendant, Edi J. Yanek, is not in the military service .-of the UNITED STATE OF AMERICA to the e t of his knowledge, information and (belief. Date: Darrell C. Dethlefs, Esquire Sworn and subscribed before me this LI r r. day of June, 2013. My Commission Expires: " a D Notary P blic COMMONWEALTH OF PENNSYLVANIA Notarial seal Crystal L.Mahoney,Notary Public Camp Hill Soro,Cumberland County My Commission Expires March 20,2014 Member,Pennsylvania Association of Notaries c w Darrell C.Dethlefs,Esquire ., ID#58805 1 € , s Dethlefs-Pykosh Law Group LLC ', � _ 2132 Market Street Camp Hill,Pennsylvania 17011 r. 1'p\kkk PS Telephone—(717)975-9446 Fax—(717)975-2309 DDethlefs@aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW STEVE J. YANEK,JR. and EDIE J. YANEK, No.:13-2202 CIVIL TERM Defendants MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a notary public in and for said County and Commonwealth, personally appeared, Darrell C. Dethlefs, Esquire, attorney for Plaintiff, who being duly sworn according law deposes and says that the Defenda teve J. Yanek, Jr., is not in the military service of the UNITED STATE OF AMERICA 0 th best of his knowledge, informations and belief. Date: DarreITt. Dethlefs, Esquire Sworn and subscribed before me this �� day of June, 201 . My Commission Expires: 3 ' O Notary P lic COMMONWEALTH F PENNSYLVANIA Notarial Seal Crystal L.Mahoney,Notary Public Camp Hill Boro,Cumberland County My Commission Expires March 20,2014 Member,Pennsylvania Association of Notaries Darrell C.Dethlefs,Esquire ID 458805 Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 DDethlefs@aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW STEVE J.YANEK,JR. and EDIE J. YANEK, No.:13-2201 CIVIL TERM Defendants MORTGAGE FORECLOSURE TO: Edie J. Yanek, Jr. 8 South Ridge Road Boiling Springs, PA 17007 You are hereby notified that on 6 Y , 2013, the following Judgment has been entered against you in the above-captioned case. Default in rem Judgment in the amount of 75,249.36 with interest, accrui at 6.5%, plus attorney's fees and the costs of suit. DATE: P -3 ' °P- onot " I hereby certify that the name and address of the proper person(s)to receive this notice is: A: Edie J. Yanek, Jr. 8 South Ridge Road Boiling Springs, PA 17007 Por este medio se'le esta notificando que el , 2013, el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Default in rem Judgment in the amount of$175,249.36 with interest, accruing at 6.5%,plus attorney's fees and the costs of suit. FECHA: Protonotario Certifico que la si`guiente direccion es la del defendido/a segun indicada en'el certificado de residencia: A: Edie J. Yanek, Jr. 8 South Ridge Road Boiling Springs, PA 17007 Abogado del Demand ante Dethlefs-Pykos w Group, LLC Date: W � By: Darrell . Dethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, PA 17011 Tele#: (717) 975-9445 Darrell C.Dethlefs,Esquire ID#58805 Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 DDethlefspaol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW STEVE J. YANEK,JR. and ED.IE J. YANEK, No.:13-2202 CIVIL TERM Defendants MORTGAGE FORECLOSURE TO: Steve J. Yanek, Jr. 8 South Ridge Road Boiling Springs, PA 17007 You are hereby notified that on , 2013, the following Judgment has been entered against you in the above-captioned case. Default in rem Judgment in the amount o3$1249.3,6 'th ' erest, ac at 6.5%,plus attorney's fees and the costs of suit. DATE: Ale3 Prothonotary I hereby certify that the name and address of the proper person(s)to receive this notice is: A: Steve J. Yanek, Jr. 8 South Ridge Road Boiling Springs, PA 17007 Por este medio se-le esta notificando que el , 2013, el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Default in rem Judgment in the amount of$175,249.36 with interest, accruing at 6.5%, plus attorney's fees and the costs of suit. FECHA: Protonotario C s Certifico que la siguiente direccion es la del defendido/a segun indicada en:el certificado de residencia: A: Steve J. Yanek, Jr. 8 South Ridge Road Boiling Springs, PA 17007 Abogado del Demand ante Dethlefs-Pykos� L Group, LLC Date: By: Darrel . Dethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, PA 17011 Tele#: (717) 975-9445 i VIII t Zi AMERICHOICE FEDERAL . IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW ;.. V. 3 -t LZ No.: 13-2202 -CIVIL TERM , STEVE J. YANEK, JR., and EDIE J. YANEK, MORTGAGE FORECLOSURE ' ' Defendants cca � , JUDGMENT ENTERED -_ PRAECIPE FOR WRIT OF EXECUTION :=:} MORTGAGE FORECLOSURE - Pa. R.C.P. 3180-3183 To the Prothonotary: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended; and for real property pursuant to Act 6 of 1974, as amended. Kindly issue a writ of execution in the above matter to the Sheriff of Cumberland County, to satisfy the debt, interest and costs due to Plaintiff, Americhoice Federal Credit Union, from Defendants, Steve J. Yanek, Jr. and Edie J. Yanek, kindly issue a writ of execution in the above captioned case. Instruct the Sheriff to levy upon the following described property of the Defendants, Steve J. Yanek, Jr. and Edie J. Yanek. All that real property situate at 29 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. Tax Parcel ID #40-29-2482-079-U11 Legal Description: ALL THAT CERTAIN unit, being Unit No. 11 ( "the Unit 11) of Spring Court Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration creating and establishing Spring Court Condominium, dated October 1, 1986 and recorded October 17, 1986 in the Office in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 324, Page 775 and the Amendment of Declaration of Spring Court Condominium dated July 29,1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland . County, Pennsylvania in Miscellaneous Book 424, Page 1140, and 2nd Amendment to the Declaration creating and establishing Spring Court Condominium dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2721 and the Assignment of Special Declarant Rights, Unit 7 17, inclusive, Spring Court Condominium, dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous F/63,7Y ��x so /4 ;r. sv �cx e � L LILT/y0y 6 J- 410 Book 715, Page 2737 and designated in the- Third Amendment to the Declaration of Spring Court Condominium dated December 21, 2006 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 733, Page 1470 and the corresponding plots and Plans in Plan Book 92, Page 89 ( "collectively, the Declaration of Condominium "). TOGETHER with an undivided interest in common elements as more particularly set forth in the aforesaid Third Amendment to Declaration of Spring Court Condominium. TOGETHER with the right to use limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and the Grantors submitted r the property to the provisions to the Pennsylvania Uniform Condominium Act, as amended and created Spring Court Condominium of which the above described Unit is a part. Under and Subject to the Declaration of Condominium, rights of way, easements and agreements recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania and matters which a physical inspection and survey of the Unit and common elements would disclose. BEING the same property as Steve J. Yanek, Jr. by his deed dated May 6, 2010 and recorded May 19, 2010 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument Number 2010012830 did grant and convey unto Steve J. Yanek, Jr. and Edie J. Yanek, husband and wife. Judgment Amount: Amount Due: Amount Due: Principal Balance: $170,778.43 Interest(through 4-17-13): $4,039.38 Title Report: $TBD Escrow overdraft (forced Ins.) $TBD Court Costs: $TBD Late Charges (through 4-17-13)$227.80 Attorney's Fees $TBD Total: $175,249.36 Interest: 6.60% per year(simple) from 4-17-2013 through date of satisfaction Costs: $TBD— Costs of Judgm t& Sale to be added Juagm "k Sale 'c ReAspelly bmitt d, c I DATE:- BY: C. D 11 C. Dethlefs, Esquire ID# 58805 AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2202 —CIVIL TERM STEVE J. YANEK, JR., and EDIE J. YANEK, MORTGAGE FORECLOSURE Defendants JUDGMENT ENTERED CERTIFICATE OF SERVICE I hereby certify that on the date noted below that a copy of the foregoing Praecipe, were hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid addressed as follows: Steve J. Yanek, Jr. and Edie J. Yanek 8 South Ridge Road Boiling Springs, Pennsylvania 17007 Respectf II Submitted: Date: Darrell W. Dethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, Pennsylvania 17011 717-975-9446 Attorney for Plaintiff LEGAL DESCRIPTION OF PROPERTY TO BE SOLD Sale Number: Name of Law Firm Representing Plaintiff: Dethlefs-Pvkosh Law Group, LLC Judgment Amount: Amount Due: Principal Balance: $170,778.43 Interest (through 4-17-13): $4,039.38 Title Report: $TBD Escrow overdraft (forced Ins.) $TBD Court Costs: $203.75 Late Charges (through 4-17-13)$227.80 Attorney's Fees $TBD Total: $175,249.36 Interest: Additional interest accruing on the Principal Balance at the simple rate of 6. 5% per year from April 17, 2013 through date of satisfaction Costs: $TBD — Costs of Judgment & Sale to be added Situate in Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania Tax Parcel # (40-29-2482-079-U11 Premises Being : 29 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007 Seized and Sold as the property of Steve J. Yanek, Jr. and Edie J. Yanek to satisfy a judgment obtained by Americhoice Federal Credit Union at Cumberland County, Pennsylvania, Court of Common Pleas Docket Number 13-2202 — Civil Term Legal Description 29 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007 ALL THAT CERTAIN unit, being Unit No. 11 ( "the Unit ") of Spring Court Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration creating and establishing Spring Court Condominium, dated October 1, 1986 and recorded October 17, 1986 in the Office in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 324, Page 775 and the Amendment of Declaration of Spring Court Condominium dated July 29,1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 424, Page 1140, and 2nd Amendment to the Declaration creating and establishing Spring Court Condominium dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2721 and the Assignment of Special Declarant Rights, Unit 7 17, inclusive, Spring Court Condominium, dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2737 and designated in the Third Amendment to the Declaration of Spring Court Condominium dated December 21, 2006 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 733, Page 1470 and the corresponding plots and Plans in Plan Book 92, Page 89 ( "collectively, the Declaration of Condominium "). TOGETHER with an undivided interest in common elements as more particularly set forth in the aforesaid Third Amendment to Declaration of Spring Court Condominium. TOGETHER with the right to use limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and the Grantors submitted the property to the provisions to the Pennsylvania Uniform Condominium Act, as amended and created Spring Court Condominium of which the above described Unit is a part. Under and Subject to the Declaration of Condominium, rights of way, easements and agreements recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania and matters which a physical inspection and survey of the Unit and common elements would disclose. BEING the same property as Steve J. Yanek, Jr. by his deed dated May 6, 2010 and recorded May 19, 2010 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument Number 2010012830 did grant and convey unto Steve J. Yanek, Jr. and Edie J. Yanek, husband and wife. HE PROrH 2013 JUN -,5 otio to Darrell C. Dethlefs Esquire PM 4: 16 ID#58805 CtI11BERLAND h CjUAj Dethlefs-Pykosh Law Group, LLC PENt4s YL 'ry 2132 Market Street V /,4 Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 ddethiefs@aol.com Attorney for Plaintiff AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2202 —CIVIL TERM STEVE J. YANEK, JR., and EDIE J. YANEK, MORTGAGE FORECLOSURE Defendants JUDGMENT ENTERED AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 403 OF NOTICE OF SALE Plaintiff in the above action set forth as the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 29 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. As required by Pa. R.C.P. 3129.2(c) Notice of Sale/Owners Rights and Writ of execution has been given to each of the persons or parties named, at the address set forth on the attached Affidavit Pursuant to Pa. R.C.P. 3 .1 on the date indicated. Datel:—� Darrell C. Dethlefs, Esq. Attorney for Plaintiff E A p PEs _ "SYL � `` r. Darrell C. Dethlefs Esquire ID#58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 ddethlefsaaol.com Attorney for Plaintiff AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2202 —CIVIL TERM STEVE J. YANEK, JR., and EDIE J. YANEK, MORTGAGE FORECLOSURE Defendants JUDGMENT ENTERED AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 Mid Penn Bank, Plaintiff in the above captioned action, by and through its attorneys, the Dethlefs-Pykosh Law Group, LLC, set forth, as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 29 East First Street, Boiling Springs, Cumberland County, Pennsylvania. 1. Name and Address of Owner(s) or reputed Owner(s) Steve J. Yanek and Edie J. Yanek 8 South Ridge Road Boiling Springs, Pennsylvania 17007 2. Name and address of Defendants in the Judgment Steve J. Yanek and Edie J. Yanek 8 South Ridge Road Boiling Springs, Pennsylvania 17007 1 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Americhoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, Pennsylvania 17050 Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, Pennsylvania 17111 4. Name and address of last recorded holder of every mortgage of record: Name: Americhoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, Pennsylvania 17050 5. Name and address of every other person who has any record lien on the property 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. 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. SPRING COURT CONDOMINIUM ASSOCIATION, INC. 17 East First Avenue Boiling Springs, Pennsylvania 17007 SPRING COURT CONDOMINIUM ASSOCIATION, INC. 9 East First Street Boiling Springs, Pennsylvania 17007-9682 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE PO Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY P.O. Box 320 Carlisle, PA 17013 2 TENANT/OCCUPANT 29 East First Street Boiling Springs, Pennsylvania 17007 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION 6T" Floor, Strawberry Sq. Dept. 28061 Harrisburg, PA 17128 INTERNAL REVENUE SERVICE 1000 Liberty Avenue Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square, Room 106 Carlisle, PA 17013 SOUTH MIDDLETON TOWNSHIP 520 Park Drive Boiling Springs, PA 17007 INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP ADVISORY GROUP, 3 William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 DEPARTMENT OF REVENUE BUREAU OF CORPORATION TAXES P.O. Box 280427 Harrisburg, PA 17128-0407 ATTORNEY GENERAL OF U.S. U.S. Dept. of Justice, Rm 511 Main Justice Bldg. 10th & Constitution Avenue, N.W. Washington DC 20531 UNITED STATES OF AMERICA U.S. DEPARTMENT OF JUSTICE 3 U.S. Attorney, Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108-1754 CUMBERLAND COUNTY ADULT PROBATION One Courthouse Square Carlisle, PA 17013 STEVEN J. YANEK, JR. 8 South Ridge Road Boiling Springs, Pennsylvania 17007 EDIE J. YANEK 8 South Ridge Road Boiling Springs, Pennsylvania 17007 METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. 3801 Paxton Street Harrisburg, Pennsylvania 17111 SCOTT A. DIETTERICK, ESQUIRE P.O. Box 650 Hershey, Pennsylvania 17033 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respe tfu ly Submitted: Date: (JC DarAft. Dethlefs, Esquire ID 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff 4 Darrell C.Dethlefs,Esquire IZ I I.D.#58805 t ftC',`,' DETHLEFS-PYKOSH LAW GROUP,LLC g 44 2132 Market Street Camp Hill,PA 17011 f""RERLApID, Cotjt,_ Telephone:(717)975-9446 Fax: (717)975-2309 PENtis YL V,4�,,14 E-mail:ddethlef§(.W,,aol.com AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2202—CIVIL TERM STEVE J. YANEK, JR., and EDIE J. YANEK, MORTGAGE FORECLOSURE Defendants JUDGMENT ENTERED Notice of Sheriff's Sale of Real Property To: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER: STEVE J. YANEK, JR. and EDIE J. YANEK PLAINTIFF/SELLER: AMERICHOICE FEDERAL CREDIT UNION DEFENDANTS: STEVE J. YANEK, JR. and EDIE J. YANEK PROPERTY: 29 EAST FIRST STREET, BOILING SPRINGS, Cumberland County, Pennsylvania 17013 CUMBERLAND C.C.P. NO.: 13-2202 —CIVIL TERM The above captioned property is scheduled to be sold at Sheriff's Sale on September 4, 2013 at 10:00 am in the Cumberland County Courthouse, One. Courthouse Square, Carlisle, Pennsylvania 17013. You may hold a judgment on the property which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution wilRe made in accordance with the schedule unless exceptions are filed thereto within 14 days after the filing of the schedule. Date:-- Darrell 6.--bethlefs, Esquire Attorney for Plaintiff AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2202 — CIVIL TERM STEVE J. YANEK, JR., and EDIE J. YANEK, MORTGAGE FORECLOSURE Defendants JUDGMENT ENTERED To: Steve J. Yanek, Jr. and Edie J. Yanek 8 South Ridge Road Boiling Springs, Pennsylvania 17007 -< Cn , TAKE NOTICE: ' That the Sheriff's Sale of Real Property (real estate) will be held: a Date: September 4, 2013 Time: 10:00 am Eastern Time LOCATION: Cumberland County Courthouse Office of the Sheriff One Courthouse Square Carlisle, Pennsylvania 17013 The real estate at 29 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007, is scheduled to be sold at the Sheriff's sale on September 4, 2013 at 10:00 am at the Cumberland County Courthouse, to enforce the court judgment in the original principal amount of $170,778.43 plus interest of $4,039.38 current as of April 17, 2013 and accruing thereafter at the simple rate of 6.50% per year until time of sale and costs, obtained by Americhoice Federal Credit Union against you and docketed at 13-2202 — CIVIL TERM in the Prothonotary's Office in and for Cumberland County, Pennsylvania. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 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 away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights YOU MUST ACT PROMPTLY. To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Americhoice Federal Credit Union the judgment amount, interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may contact Americhoice Federal Credit Union c/o Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975- 9446. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by contacting Americhoice Federal Credit Union c/o Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975-9446. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff, and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal action to evict you. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within 10 days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 Toll Free (in PA): 1-800-990-9108 Notice: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the Plaintiff is not present at the sale. LEGAL DESCRIPTION OF PROPERTY TO BE SOLD 29 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007 ALL THAT CERTAIN unit, being Unit No. 11 ( "the Unit ") of Spring Court Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration creating and establishing Spring Court Condominium, dated October 1, 1986 and recorded October 17, 1986 in the Office in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 324, Page 775 and the Amendment of Declaration of Spring Court Condominium dated July 29,1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 424, Page 1140, and 2nd Amendment to the Declaration creating and establishing Spring Court Condominium dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2721 and the Assignment of Special Declarant Rights, Unit 7 17, inclusive, Spring Court Condominium, dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715, Page 2737 and designated in the Third Amendment to the Declaration of Spring Court Condominium dated December 21, 2006 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 733, Page 1470 and the corresponding plots and Plans in Plan Book 92, Page 89 ( "collectively, the Declaration of Condominium "). TOGETHER with an undivided interest in common elements as more particularly set forth in the aforesaid Third Amendment to Declaration of Spring Court Condominium. TOGETHER with the right to use limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and the Grantors submitted the property to the provisions to the Pennsylvania Uniform Condominium Act, as amended and created Spring Court Condominium of which the above described Unit is a part. Under and Subject to the Declaration of Condominium, rights of way, easements and agreements recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania and matters which a physical inspection and survey of the Unit and common elements would disclose. BEING the same property as Steve J. Yanek, Jr. by his deed dated May 6, 2010 and recorded May 19, 2010 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument Number 2010012830 did grant and convey unto Steve J. Yanek, Jr. and Edie J. Yanek, husband and wife. Respec . 11 Submitted: Dater _ Darrell . Dethlefs, Esquire ID 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2202 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICHOICE FEDERAL CREDIT UNION Plaintiff(s) From STEVE J.YANEK,JR.AND EDIE J.YANEK (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 GARNISHEES)as follows: and to notify the garnishee(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$175,249.36 Plaintiff Paid$ Interest 6.50% PER YEAR(SIMPLE)FROM 04/17/13 THROUGH DATE OF SATISFACTION Attorney's Comm. % Law Library$.50 Attorney Paid$231.y I Due Prothonotary$2.25 Other Costs$TBD-COSTS OF JUDGMENT& SALE TO BE ADDED Date:JUNE 5,2013 a) 'W/ Buell,Prothonotary (Sea!) By: Deputy REQUESTING PARTY: Name :DARRELL C.DETHLEFS,ESQ. Address:DETHLEFS-PYKOSH LAW GROUP,LLC, 2132 MARKET STREET,CAMP HILL,PA 17011 Attorney for: Plaintiff Telephone: 717-975-2309 Supreme Court ID No. 58805 Darrell C.Dethlefs,Esquire r{Or. I.D.#58805 DETHLEFS-PYKOSH LAW GROUP,LLC `1 u —6 ri i'i 2132 Market Street Camp Hill,PA 170111 � � f� CCl " Telephone:(717)975-9446 Fax: (717)975-2309 Wf��rs E-mail:ddethlefsr.aol.com AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. , No.: 13-2202 — CIVIL TERM STEVE J. YANEK, JR., and EDIE J. YANEK, MORTGAGE FORECLOSURE Defendants JUDGMENT ENTERED AFFIDAVIT OF SERVICE I hereby certify that I have sent copies of the Notice of Sheriff Sale of Real Property to the Defendant certified and regular United States mail and all lien holders or judgment holders of record as required by Pa. R.C.P. by first class United States mail, postage pre-paid, on the date set forth below. (See attac receipts for list of all those served). �7 Date: Darrell . Dethlefs, Esq. Attorney for Plaintiff U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Receimd Fro- I Portage and Darrell C. Driblets. >quire Postmark.Irpufraof Dethlefs-Pykosh La\t:(:rraup. 1-.I..0 Poam-1-for postage '1' 3133 Market Street Camp Hill. PA 1701 1 One Piece of ordinary mail Q\d\dratted t0: r LJ i MAY BE USED FOR(5-OMESTICYAND INT RN TIONAL MAIL,DOES NOT PROVIDE FOR INSURANCE -POSTMASTER PS FORM M AY 1976 3817 a U.S.Government Printing Office:489-224 M a U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: I)a well C. Dethlrls. I-:Squire postage and postmark Inqulru of Delhlels-Pykosh Lew Group. 1-,I_C Poshnester for postage 3133 Market Street Camp Hill, PA 17011 One piece of ordinary mail a idriewd to: ) MAY BE USED FOR DOM IC AND INTERNATIONAL MAIL,DOES NOT PROVIDE FOR INSURANCE -POSTMASTER PS FORM MAY Im 3817 a U.S-Government Printing Office:489.224 e man= nj 77NIFTIC fart: n Pp i7llll? 011,:Hla_ M _ m Ln £ !Ii;.A L!1 it!li co Postage $ - - co Postage $ .' -. ... Certilied Fee - !! Certified Fee r-q Y-',f��`y .. "ERps ark O Return Receipt Fee Return Receipt Fee 0 (BrdorsementReyuired) F-i.,l,l jf�y 0 (EnclorsenienlRequired) ' '°-' Herdk O Restricted Delivery Fee t r t7� C3 laestricled Delivery Fee (Endorsement Require(j) Ui! (Cndorscmrnl Required) °!' "+! 1� CD M f Cr- Total Postage 8 Fees ,- - s,r'.'_,..;li.. Dom-. htal Postage E,Fees ru Sent 1'q ij.,ru ru S..e.t!�' = �f1 Nc(�� ..J R... . n' ._...... .t ....... r-q tract,l7pL N_( r - r•-R SlrcOr.A N.No.; ......................... O or PO Box No. 7 S _1 2� � or PO Box No. Y r ----•----------------•---•----V --,000- L.. - -- lC �r t J-------------------------------- City,Sral IP+4 5 City,Stale lf'�rj---�----'-•--•----•---- l ' R s A J7ooyn ,/r., U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Receivsd From: !\/�r��)1 ` pottage and Ull 11 U PpttrnarX Inquire of Delhiel-s-Pykosh Laxv GI.0111_ LI_.0 Po-masw for POSt1 21 32 Market Street Camp I-1111. PA 17011 _ iece of ordinary mall acore.,c„ "- srl o qr BE USED of MESTIC A D INTERNATIONAL MAIL,DOES NOT PROVIO FORINSURANCE -"TM TER =A, PS FORM MAY 1978 3817 a U.S.Government Printing Office:489-: <T D-< p o rD ea Zm _ J IJ rD M C O T ZO �-i- "� (n 3 () U.S.POSTAL SERVICE F d, r' m CERTIFICATE OF MAILING v m Affix CD ,f --f Recervad From VII{' -t(-( postage and O TH 0 postmark.Inquire of rD = Do Dethlefs-Pykosh Law Group, I_ L,C Postmaster for posts �,• m v 2132 Market Streel r �y� � p TI� Camp 1-1111, PA 17011 O m 1.�:. �_o - D One piece of orin mail D a to: M m Ip z E: wsh 3 n r 0 l�I MAr BE USED F R DOMESTIC ATE( I TERNATIONAL MAIL,DOES NOT PROVIDI D FOR INSURANCE -POSTMAS ER 3 r PS FORM ET n$1 �J MAY 1976 3817 t,U.S.Government Printing Office:489-2 C �_ M w m x z 333 m p om m m 1 m a) _g N O N m m^ A m U.S.POSTAL SERVICE w . - CERTIFICATE OF MAILING Affix Received From: postage and /��Y f I I •u!,�,`n •�-1 ) postmark-Inquire o Dethle!:s-Pykosh Law Gfr!oup,)LLC - Posilm" ''°'p°d 2132 Market Street _ Camp 1-1111, PA 17011 s Pi"of ordinary mail eodrettad to: - t I I SCII ► 1 , IIvy) 1 ' MA BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,OOEE NOT PROVIC FORINSURANCE -POSTMASTER PS FORM MAY 1976 3817 o U.S.Government Printing Office:489- U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From. ' 1 (/}`^I�7 f�! Postage and Dethlels-Pykosh Lawl'tGI-O>IIEJ,\_ I_I_C PostmA-tgfofp o, Ppstrnruter for postal '-1 32 K4arl:et Strcet Camp (IiII, PA 17011 On°Piece of onfinery mail addretseo to: _ 'r 0 1 1 [ G 1111 i'?m l �r �1 pp � rn I . MAY BE USED F R DOMESTIC AND INTERNATIONAL MAIL,00"NOT PROVIDE FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 +1 U.S.Government Printing Office:489-2: aN OT; O � o � W r f-r NZ J rn C mm� w Drn —L: N O U.S.POSTAL SERVICE m° $ C CERTIFICATE OF MAILING Affix o nn C Rocei„ad F,om: 1'��1�Y'�1 r� n Postage and ON � t7 N �J ` I `1 �)r: i Postmark.Inquirs of G Do w r� p,Dhlf 'y: h L C llC Postmaster for postl 0 ID 9- u o> 21 32 Market Strect 4 C) rM Camp Hill, PA 17011 C — p D m One Piece of ordinary mail addressed to: z T� � �, r- 1 . # 1 .. Xi>! i1 C~ MAY BE USED FOR D ESTIC STE DO"MAIL,DO NOT PROMO FOR INSURANCE —POSTMASTER PS FORM Uv v y MAY 1976 3817 U.S.Government Printing Office:489 Y o z 0 CS 3 a '° x m 0 $ C tmp T rZ r•'ti+ pQ a U.S POSTAL SERVICE *- •. � c=. CERTIFICATE OF MAILING Affix Received From: I Mull I if�� II I„I J 1� / Poatege and 1)cthlePs-Pykosh Law Group, L,l C Postmasterforlreot Postmaster for poste 21 332 Market S11-eat Camp I1i11, 1'A 1701 1 .f,, One Place of ordinary mail addretsed to: 1 v�l il t 1. I't 1�11C a ° r `P 1013 VIf1 ` M -1► C n 1 2 i AUI� 414 PA. 1105 MAY BE USED FOR OOlMESTIC AND INTERNATIONAL MAIL,OOE3 NOT PROVID FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 0 V.S.Government Printing Office:4894 U.S POSTAL SERVICE CERTIFICATE OF MAILING Affix Recmved From: 1 �, j' Postage and f l.1'n I It postmark.Inquire of Dethlels-Py kosh La\\. Group- LLC _ Postmaster for poste 132 \/larket Street Camp 1-1111. PA 1701 1 One p,eca of on inarr moil ackl,".d to: Cl R' n ' f f e., MAY BE USED FOR. ME IC AND INTERNATIONAL MAIL,DOES NOT PROVIDI FOR INSURANCE -POSTMASTER PS FORM 3817 0 U.S.Government Printing Offlco:489-2 MAY 1976 Dv, Oy (1 IJ A <m D ( o ry ^ '0 �- J W D Eat a. O1� C I---� U.S.POSTAL SERVICE m nm° --1 �a 3 m CERTIFICATE OF MAILING Affix OL ._. rD Received From:DO 1 9 I I ��,) I p ` pottage and o -J > (n .5::-5 > I l J Pps�tmaaaterfglposte ( m - De1111e1s-1 ykosh Law GI•oup, L.I..,C ;1 C N � m ?I i? Market Street IaD .� ow Camp Hill, PA 1701 1 -4 z o' rb -n m - D 0 "'�"' 3 ,-� One Piece of ordinary mail addrotted to: (J rn 0 z 0 Menu r n Y r- MAY BE USED FOR,0(2ii 1 C ANO INTERNATIONAL MAIL,DOES NOT PROVIDI X FOR INSURANCE —POSTMASTER D PS M AY 1976 FORM M 3817 C U.S.Government Printing Office:489-2 Q m `1 o a O b m x ti Z k y O o m G 701 O C U.S POSTAL SERVICE n CERTIFICATE OF MAILING Affix polt8ge and Ihlhlels-Pyl:osh I.a\\ C;nulp, l.,l-,C' — Postmasterforlre ot Postmaster}a pod, 13-) Mal-kCt Sirlel amp I I111- PA 1701 1 Ono Piece of ordinary mail addretted to: MAY BE USED FO9jDOk4ESilC AND INTERNATIONAL MAIL,DOES NOT PROVID FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 0 U.S.Government Printing Office:489 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Receia d From:�juY I l I �t I Il I l S "-Mge and I)cthlri -1'\'��11;11 I.;IU (.il'llill). I.I.C' _ P°�°"`odrt+aanrrk'°"lo.o:a 21 ? \lark c I. street I'll. PA 1701 1 One piece of ordin mail addrtrged to: e.n rAI i 1' � c O BE USED R ESTIC FOR INSURANCE —POSTMASTEa M D INTERNATIONAL AIL.OM NOT PROVIDE O PS FORM MAY 1978 3817 n U.S.Government Printing Office:489-2 U T; rn� Cm IJ U.S POSTAL SERVICE m ZZO , 0 N, n CERTIFICATE OF MAILING Affix ., mD 5 i m - OUrr[,1I •},Q g O 9! — "'O C Race-�ed From. Il .I-�I j�,(' Postage and ! uJ lll Postmark.trpuiry of p Postmaster for post,0 o 132 I\%lal' IT, I:L'l -:57 oN C'arne I Lill. PA 1701 1 m p MID Cam` ._.y� T One piece Of on]in moil eddrenod to: r' O D M- 0 C) 3 > n MAY BE USED R MESTIC, D INTERNATIONAL MAIL,DOES NOT PROVID D Ma \ �� FOR INSURANC, —POST TIER ti PS FORM t MAY 1978 3817 o U.S.Government Printing Office:483 O $ N v a m g oC•�{ T 4 NU.S POSTAL SERVICE' o CERTIFICATE OF MAILING v Affix Received From:w� Y l I I �/� fo0stage and I)Lthlci:;-I',-1:osh l,<t�.1 (;roue. I,I,C Pd° a m:alPost 2 I_�? Markel �treci C;t1111-) 11i11, PA 1701 1 y 1f�I J Ons piece of ordinary mail addretted to: �, Y1(�•I I I Y 1�)Q,I, h o f 1?!� �11C�QU b� 111(�iVl l 1 � , 111hPi'►1� �I"1fe iC�x 1�1' ��n 'Fi��r S�rc�iNb{rry Soli Iclr�, �� 'now IAYrl2 l PA Il i` u MAY BE USED Fl q ESTIC ANO INTERNATIONAL MAIL,OOHS NOT PRo%nC FOR INSURANCE —POSTUAST[R PS FORM MAY 1078 3817 o_U.S.Governmont Printing Offlca:489 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix �I r Received From:1 Y.� r�l I 1 yt J Postage and I)r:hl�is-I'�1WS11 Law 51'OUIX 1_I_(" POihfe"` Iry of Postmaster for posts \larkrt Strut C'cunl; Ifill- PIA 17011 ) Ons Piece of ordinaty moil addressed to: �n1 on\N c,a �1(�YYiSbi,lE'; fir} 111'0 MAY BE USED FOR DO ESTIC ANO INTERNATIONAL MAIL,000 NOT PROVIDI FOR INSURANCE —POSTMASTER PS FORM MAY 1978 3817 o U.S.Government Printing Office:489-2 y D r) IJ lJ n p; m _� IJ U.S.POSTAL SERVICE v� _- a " ? r r CERTIFICATE OF MAILING Attlx w Dm Q h M M _ M Received From. - l .{p Postage and D 5.� C Postrnark.Inqulry of I _ Y C/) T N 1)ethlul:S-I ykc�sh L,a�c Grcn.lp, LI,C Postmaster for polio, ' -" 0 a 211;? Wrket Street �0 o `� m� Camp 1.1111, PA 17011 i r C: 0 to One Piece of ordinary mail addressed to: p ]I 'r;�s n cn m J� O D m i✓� ' 1 I i Ho o Z �t� r" 3 y n (,/", MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVIDE m r FOR INSURANCE —POSTMASTER y PS FORM MAY 1976 3817 U.S.Government Printing Office:489.2 � QQ ] }C T1 8 D n % O A ou a U,S.POSTAL SERVICE A '�" _ g CERTIFICATE OF OF {MAILING Affix�— Received From: `)I 1 V Q,l 1 j i I!I Postage and --G. VVVIII f t. V 1lctltl�is-I'ykosh La�.� Grctu�. L,I.0 Postmerk.lnq"m I _ Postmaster for post < <tnth 1-1111. PA 17011 Ona Piece of ordinary mail addressed to: "Y) OV ", C R�)�tloriS Gf f 11mb.�Ylr"ii1�i I`' c�i i ii r 1r M MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIO FOR INSURANCE —POSTMASTER PS FORM MAY 1978 3817 0 U.S.Government Printing Office:489--. U.S.POSTAL SERVICE CERTIFICATE �p`pOF�r"�MAILING Affix Received From: ''C,Y postage and ,v ppr{tRatk,ylQtdN O! Dethlet3-Pykosh L1W 01`71Li17)" _'I)? \garket Street Canlp 1-1111. PA 17011 One piece of ordinary mall eddrened to: 'NMO11'M I I (. WPl r�r� p U I U 11011) MAY BE USED FOR DOM TIC AND INTERNATIONAL MAIL,OM NOT PROVIDI FORINSURANCE _Pj TMASTLA PS FORM 3817 O U.S.Government Printing Office:489-: MAY 1978 sty OD m T A_< O V mD Zm W D m o jj 3 (7 m z o d m v mr ,. ,, �\ � CERT IFICATE U.S.POSTAL SERVICE OF MAILING Affix r\; -n N I y p J } 9; a U "` � C�y Received From: I Ir l I I ` I'f7 postage and s Do T _ . . �y a'm; P � foM1ey 00 2132 Nkirket StlCCt A� a 3 �� D^ Camp I-till. PA 1701 1 in \ Q Ff n 1., "� r' One piece of ordinary mail eddreaad r 0 m o: 1j1�1�1�I1 W C,t.I U 1 I ° Dr�artrr►ent o� �u��c WPIE��e, r PO hex 'U05 O o - I I� g �(I ,S Burn 110 \' MAY BE USED FOR DOM StTIC AND INTERNATIONAL MAIL,DOES NOT PROVED D FOR INSURANCE TMASTER �^ a : x PS FORM n U.S.Government Printing Office:489 = 33 MAY 1976 3817 -4 n A p c to ga fJ r 0 N T U.S POSTAL SERVICE A m CERTIFICATE OF 4MAILING Atflx Received From. O W t'V i i i,�1. I� I'`. I S .postage and postmark.Inquire of DCthlCls-PykoSl1 kmv (.,)foul), Postmaster for posts 2132 Market Street Ca111'1) Hill, PA 17011 One piece of ordinary mail resod to: n/ `` r F lU Y��t111�1.1` i�r l 11 1 � - :� yp \b Z / MAY BE USED FOR DOME TIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE — 57 M ASTEA PS FORM 3817 n U.S.Government Printing Office:4892 MAY 1976 U.S POSTAL SERVICE CERTIFICATE OF MAILING Alex Recoived From: ((//�� postage and —,ofi IZILc/I C• a.4 �(�f Postmark-Inquire of odmestlx for POtte CA"o,y `Il i �7ori One piece of inary mail addressed to: �f cohj& 413soc - V G 7 C f i�2S j p � ;n S /o,4 700 MAYBE USED FOR DOM TIC AND INTERNATIONAL MAIL,DOES NOT PROVID FOR INSURANCE —POSTMASTER PS FORM O MAY 1976 3817 0 U.S.Government Printing Office:489-: Dtn CID yi (� IJ D 0 bS_ m GJ n O m —J rw IJ T D� V CD Z Q cn 3 n U.S.POSTAL SERVICE mO rbt�y CERTIFICATE OF MAILING Affix n r� —c _,� ll i Received From: postage and a D fz r1�l C d . IRa,Iry of rD — -' rr G v ri PoslrnafESr for poste A :3F w m r !mac m o J a 4� s. T< '0A j70 fl jn O D m One piece of ordinmy mall eddretmd oc, r ci 3 n C) I r Yl S 61 1200 D MAY BE USED R ESTIC AND INTERNATIONAL MAIL,OM NOT PROVIOI r FOR INSURANCE —POSTMASTER m g p MAY 11978 3817 Q U.S.Government Printing Office:489-2 Y� o D o N O � bm n P a a � R N A U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: rr / nn II I rr r postage and �A�2e/ ' C, N� /hlefC LSD_ PPosstmasterforlposot. - 2-13a, /»d-4 4 ,0 _ 6 A.O.p } : /f, PA 170 I I One piece of ordinary mail addretted to: Spy; �, O L'r C' � 170 ,2. l' I.-) MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVID FOR INSURANCE —POSTMASTER - PS FORM ._ MAY 1978 3817 n U.S.Government Printing Office:489-: U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: L rl r� 1.y I 1 0(1 11 I t k Postage and Dcthlels-Pykosh `;4 lr Group. L-I_C 132 Markel Street Camp 1-1111. 13A 17011 p K Piece of ordinary mail addrMwd to: 111 1`r n I I v�r�irnU�. j z Yv I l TeCYI C �U ^ '� Wlii��lm han -mN 0, 11 t r, 'Z►-�I n mte,d, miofi�i�Lj, r/i MAY BE USED FOR DOMESTIC AND INTERN IONAL AIL,0099 NOT PROVIDi FOR INSURANCE —POSTMASTER PS FORM A MAY 1978 3817 a U.S.Government Printing Office:489-' r j IJ m V rL s J � d y1 D o --�, p� A0 C/ $ ,� n U.S.POSTAL SERVICE mm �----i m CERTIFICATE OF MAILING Affix n r�' 7:' •T7 \� 1!(I postage and > 7- C Received From:'\(I.t/-Y .l ,t111 15 Tl N /1U tI ,T ---c Inquire of to r--„ 0,a postmark. ri V Cu >0 Dethlefs-Pykosh Lmv Group, L LC Postmaster for poste{ "'D 21 i' f�1arket Street �o ^s °a Camp 1'1111 PA 17011 One Piece of ordinary mail addressed to: r' D m �, �"Ci o . -r ^ l Yl�-�r n .ti l 'Re.V en �. c�ry�i� , -� ID �., 11101YY1 ^ �ZP1 ✓QG�eY Il I i1� , <00P ' 3 D MAY BE USED FOR DOMESTIt AND INTERNA ONAL MAIL,DOES NOT PROVIDE r FORINSURANCE —POSTMASTER '! •, PS FORM m v $ y MAY 1976 3817 o U.S.Government Printing Office:489-2 0 m a Qj a to to � a a m - U.S.POSTAL SERVICE CERTIFICATE 1OF MAILING Affix Received From: U C 1 �� f -�n 14 postage and Dethlefs-Pykosh Law GI.Oiup.l1J,C _ postmark.irwforPoe Pos'trnaster for post 132 Market Street _ Camp 11111, PA 17011 One piece of ordinary moll addrettad to: n t�I h , l V t.Yl l,j( R.(VI 1 c.i i 11, i7f o hCo I. O I, �t iT(' 1 1 1 P I 4cf C MAV BE USED FOR D MIESTI AND INTERNATI AL MAIL,D099 NOT PROVIC FOq INSURANCE —POSTMASTER PS FORM MAY 1976 31317 0 U.S.Government Printing Office:489 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: V l I h If ) Postage and Dethlels-Py kosh Law Group. LL..0 i;? Market Street Canlp 1-1111. PA 17011 q/� y }n Ong Piece of ordinary mail addrsued to: i�•.� eV 1 I( 6 1.1 T 6A t'S 1 MaY BE USED FOR 0- ESTIC AND INTERNATIONAL MAfL,DOES NOT PROVIDE FORINSURANCE —POSTMASTER P V FORM 1976 3617 A U.S.Government Printing Office:489-2: v n Oy o ... o D f/Z�m CC O m 0 2 m d ^+t o 3 (� mm 3 r W m U.S.POSTAL SERVICE n CERTIFICATE OF MAILING r Affix 3 ✓� CD Received From: Postage end N ° 1 postmark.Inqulro of (-D m; llelhlefs-P�rkosh Laws Group. L,L,C Poatmastar for Poe) O W Om ,1 37 Market Street C A° 3 p ( a,n1) 1"1111. PA 1701 1 1�., i j} t ( I F. p t7 m 0 D m - Ong piece of 11ordinary mall addreuad to:rnq�lr`r�a InI I n_P(`��Y1 O<I t�\� 1.1 I L�l, D 5 ,� Z •� ��II�U Iii �� O�p�� lJt l lot l ilA/ n 0 m r MAY BE USED FOR AND INTERNATIONAL MAIL,DOES NOT PROVID �, r ?"Z. FOR INSURANCE —150STUASTIER 3gm x MAY Ig76 3617 o U.S.Government Printing Office:489.; 0 QQ m N T A- m U.S POSTAL SERVICE : CERTIFICATE OF MAILING � afr,< FDC'tIIICj,�,-p)'kosI1 From. �(1 y'`/ postage and La\-v Postmaster Inquire orf forpostt Ci I'o Postmaster for poste Market le; Street Camp 1-1111, PA 17011 Ong Piece of ordinary moil eddreued to!11 A" 1\ l't 1 t 1/iJ I o 1 1.11S MAY BE t1SED FdR DOMESTIC AN NTERNATIONAL MAIL, FOR INSURANCE —POSTMASTER OGEE NOT PROVIOt PS FORM MAY 1978 3817 0 U.S.Government Printing Office:489-2 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: I 1 I I I `J 1 1^ (` Postage end Y Postrnarlc InwIry Dcthleis-Pykosh La\\ Group. I-.LC Ppstrtti tertorPOSh 21 32 Market Street Camp 1-1111. PA 1701 1 4gna piece of inery�mail addrersed ro: �u 1 li� .Ill I;u.► U {�Y` i I MAYBE USED FOR DON IC AND INTERNATIONAL MAIL,OM NOT PROVID FOR INSURANCE – TM ASTER ' PS FORM MAY 1978 3817 U.S.Government Printing Office:489-: K'D T; In i mO d vD zm W 7J N o CS r md t7 o Ci a N 3 n v mO �' --, S' '� , m U.S.POSTAL SERVICE D x- 'U G' CERTIFICATE OF MAILING Affix CD O -° �• '�y Rocoived From. I/� I! �, ��I tn! Postage and DO l iJ Postmark.Inquire of ;� �''s — -1� Dethleis-Pykosh La�� (,rou) 1.LC Postmastar for poett p l m D 7 1 iz 132 Mal'I,cl Street c D Camp 11111, PA 1701 1 In M Cs '—5 O D m One Piece of ordinary mail eddr I (1.n i.. �,(� G v __ ry erred to: 111 C 1 J 1(,1-1 CS ) 2 —'' r �'. r=ti Z U,• no � �n z C� r L 3 D r� I I Z? ( a ?�. �Cyc 1 OR INSURANCE USED FOR DOMESTIC AND INTERNATIONAL MAIL.DOES NOT PROVIOI jr� �/•. —POSTMASTER S R PS FORM 0 s MAY 1978 3817 o U.S.Government Printing Office:489.2 y O n m v p --1 0� ° tODO < J (�' R C N m r"• m U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: WY . l . Postage and DcthleFS-P PPoma wfor e:a �kosh La�� Group, LLC 2132 Market Strcet Camp 1-1111, PA 17011 Ong piece of ordinary moil eddmtted to: ti i Al -, ,1. f IS ti K fl l MAY BE USED FOR ESTIC AND INTERNATIONAL MAIL.DOES NOT PRQVIDI FOR INSURANCE – TNASTER PS FORM MAY 1978 3817 o U.S.Government Printing Offlco:489-2 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Rece—cl From: postage and Dcthlels-P postmark.Inqui of }rkosh Law Gmup. Inquire of Postmaster for 2132 Market Street Camp Hill. PA 17011 One Prece of ordinary moil sassed to: on 00 r MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVID FORINSURANCE -POSTMASTER PS FORM MAY 1976 3817 U.S.Government Printing Office:489-. aW OD D to CD S w D m � .-r S CD 3 C) LO 0o - m I M - ' v M U.S.POSTAL SERVICE '� d —1 c CERTIFICATE OF MAILING Affix X- C) -, R m J- _,p r� C� � �, D N Rocoived From ?1 t-( POStflpe and rX r�I 2i -f - rD M-f postmark.Inquire of [f rrDD �- f11r Dethlefs-Pykosh Law Group, LLC Postmaster forpostl g `b °A 2132 Market Street DZ D v' 3� Camp I-lilt, PA 17011 m m (A �t :' O � 0 Z P' One Piece of ordinary mail Addressed to: ' MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL,ODES HOT PROVID FORINSURANCE -POSTMASTER PS FORM O u " MAY 1976 3817 n U.S.Government Printing Office:489-1 Qg m n 7F o m g O pQ G T A U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: .) Q J Ij �,p.1.1.n I C �. S postage and Dethlels-P kosh Lam\ `1 p�anL."Tllva Y " Group. L,I-,(' - Ppdtnasfrx fo.°°''' 2132 Market Street Camp 1-1111, PA 17011 On Piem of ordinary mail Addressed to: robe 111 MAV 8E llSEO FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVID FORINSURANCE -POSTMASTER PS FORM MAY Ig76 3817 n U.S.Government Printing Office:489-: U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From S\�1 1' n yy{ Postage and Poetmerk.trpulry of Dell -Pykosh Law Group, ITC Poat master for poste 7132 Markel Street CamP 1-1111. PA 17011 P�eca of ordinary m it addretted to; C'0 MAY BE USED F R DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDI FORINSURANCE —POSTMASTER PS FORM MAY 1976 3817 0 U.S.Government Printing Office:489.2 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: -- U D l l ) y I'>t'S portage and Dethek-I')kosh Law Group. ,LC id 2132 Market Street Camp 1-1111, 1'A 17011 On"iece I Ord ary B.addrested to[ . i IV-1111"Ff!I eA u i TIC, MAY BE USED F R DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVID FORINSURANCE —POSTMASTER PS FORM MAY f976 3817 o U.S.Government Printing Office:489•: U.S.POSTAL SERVICE CERTIFICATE OF MAILING - Affix Received From: postage and `. Darrell C. Delhlels, I;syuire `i Postmark.Inquire of Delhlels-I'vkosh Law Group, I,L.0 Postmaster for post$ 2132 Market SrrCll Camp Hill, PA 1701 1 One Pence of ordinary mail addra[tsd to: METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. 3801 Parton Street Harrisburg, Pennsylvania 17111 MAY BE USA rUR UUMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVID FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 U.S.Government Printing Offlr.o:489-: 7012 2920 0001 7853 9817 o_ 8. co co o rn=• rn A U.S.POSTAL SERVICE 3' n s • CERTIFICATE OF MAILING Affix ro; • oi� r �, - Received From: _ m,n, �t x, Postage end P' t �� m' N i Dal'i'eli C. !�ctlllr:l$. Ls quire E c_ EI 'r „m -n m �imark-Irqulre a Dcthlcl-s-Pykosh Law Group. LLC Poetntaner for post w �I_i� \larket Strict y Camp Hill. PA 1701 I ' On•Piece of ordinary nail addnrmd to: METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. 3801 Paxton Street - Harrisburg, Pennsylvania 17111 - _ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOJEa►�D7 pgpyl0 NSURANCE ' -.. FOR 1 –I'OdTHA3TEA • PS FORM MAY 1976 3817 o U.S.Government Printing Offlcc:489-: • U.S.POSTAL SERVICE CERTIFICATE OF MAILING !Affix Received From Oarr�llC. Dcthl;ti". Ist!un'c portapeend I)�ll)Ic1s , I.a�� (;t'oup,L.I.0 Irea Poet Car.tp I-!ill,I)A 170!! One Piece of ordinary mail addrened to: . g METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. 3801 Paxton Street Harrisburg, Pennsylvania 17111 MAY BE USED FOR UUMESTIC AND 114TERNA I ILMAL raAr�,wca r4pTPROVID FORINSURANCE –POSTMASTER PS FORM MAY 1976 3817 a U.S.Government Printing Office:489-. ru m - m 117 I':�t?5IS6!JI:G F'A ...i)"). Er N!^nF':C.B'•j C; :(' m m — – Ln 1—fl.!I!;l i. U) CO Postage a CO Codified Fee - // Certified Fee r-q , �(�Irostmark r� Return Receipt Fee • Postmark Return Receipt Fee 4,1; p_I W e t O P O (Endorsenlcnl Rcqulled) S!I. !!; 4c,re (indorsement Reyuired) ± i CD CD t 0 Resirirled Dr•IivC Fee Restricted Delivery Per. "tl Iiii \ �/� ry j (Endorsement Reyuired) / '47 (Endorsement Reyuired) ; j}! tS� CD ^�� O -- \ $; i!. Iif ail: fit ' ni Total Total Postage 8 Fees $ �.; ......a•r D– I oclage 8.Fees D– Sent 70 _ c,—r ro �.._: . f_k- S� IU r' Suecl,Apf.rJO.; y !j or,PO Qox Aro. drPO Box rJO. cixfi .�r_� -- - .� _ G!};Stale,ZIPi? ( n I I ii rr. r� ir: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r _I Sheriff Jody S Smith Chief Deputy T i U;3 Ld p C —2 P11 2: 22 Richard W Stewart l +li it3Lili7 +� d Solicitor OFFICE OF "`E SHERIFF PENNSYLVANIA Americhoice Federal Credit Union Case Number vs. Steve J. Yanek, Jr. (et al.) 2013-2202 SHERIFF'S RETURN OF SERVICE 06/27/2013 07:22 PM - Deputy Tim Black, 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 29 East First Street, South Middleton -Township, Boiling Springs, PA 17007, Cumberland County. 07/03/2013 08:20 PM -Deputy William Cline, 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: Edie J Yanek at 8 South Ridge Road, South Middleton, Boiling Springs, PA 17007, Cumberland County. 07/03/2013 08:20 PM - Deputy William Cline, 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 Edie Yanek, Wife, who accepted as"Adult Person in Charge"for Steve J. Yanek, Jr. at 8 S. Ridge Road, South Middleton Township, Boiling Springs, PA 17007, Cumberland County. 09/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Darrel Dethlefs, on behalf of Americhoice Federal Credit Union, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,366.62 SO ANSWERS, November 26, 2013 RONNY R ANDERSON, SHERIFF a7f �Vo�9 (c;CountySuite Sheri R,Tele=ft Inc. r , On June 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 29 East First Street, Boiling Springs, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 13, 2013 -'x By: r Real Estate Coordinator WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2201 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICHOICE FEDERAL CREDIT UNION Plaintiff(s) From STEVE J.YANEK,JR. AND EDIE J.YANEK (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 garnishee(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$175,249.36 Plaintiff Paid$ Interest 6.50% PER YEAR(SIMPLE)FROM 04/17/13 THROUGH DATE OF SATISFACTION Attorney's Comm. % Law Library$.50 Attorney Paid$231.y I Due Prothonotary$2.25 Other Costs$TBD-COSTS OF JUDGMENT&SALE TO BE ADDED Date: JUNE 5,2013 D.Buell,Prothonotary By: Deputy REQUESTING PARTY: Name : DARRELL C.DETHLEFS,ESQ. Address: DETHLEFS-PYKOSH LAW GROUP,LLC, 2132 MARKET STREET,CAMP HILL,PA 17011 Attorney for: Plaintiff Telephone: 717-975-2309 Supreme Court ID No. 58805 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Court at Carlisle,Pa. This 3 2 day of c�A-e- 20 13 �,f notary LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2013-2202 Civil Term ration of Spring Court Condominium dated December 21,2006 recorded in AMERICHOICE FEDERAL CREDIT the Office of the Recorder of Deeds in UNION and for Cumberland County in Mis- cellaneous Book 733,Page 1470 and VS. the corresponding plots and Plans in STEVE J.YANEK,JR. Plan'Book 92,Page 89("collectively, Edie J.Yanek the Declaration of Condominium'). Atty.:Darrel C. Dethlefs TOGETHER with an undivided Premises Being : 29 East First interest in common elements as more Street,Boiling Springs,Cumberland particularly set forth in the aforesaid Thud Amendment to Declaration of County,Pennsylvania Cum Spring Court Condominium. Seized and Sold as the property of Steve J. Yanek, Jr. and Edie J. TOGETHER with the right to use limited common elements ap- Yanek to satisfy a judgment obtained plicable to the Unit being conveyed by Americhoice Federal Credit Union herein,pursuant to the Declaration at Cumberland County, Pennsylva- of Condominium and the Grantors nia,Court of Common Pleas Docket submitted the property to the provi- Number 13-2202—Civil Term. sions to the Pennsylvania Uniform Legal Description 29 East First Condominium Act,as amended and Street,Boiling Springs,Cumberland created Spring Court Condominium County,Pennsylvania 17007. of which the above described Unit ALL THAT CERTAIN unit, being is a part. Under and Subject to the Unit No. 11 ( "the Unit I of Spring Declaration of Condominium,rights Court Condominium,located in South of way, easements and agreements Middleton Township, Cumberland recorded in the Recorder of Deeds County, Pennsylvania, which Unit is Office in and for Cumberland County, authorized in the Declaration creat- Pennsylvania and matters which a ing and establishing Spring Court Physical inspection and survey of the Condominium,dated October 1, 1986 Unit and common elements would and recorded October 17, 1986 in the disclose. Office in the Recorder of Deeds in and BEING the same property as Steve for Cumberland County,Pennsylvania J.Yanek,Jr.by his deed dated May in Miscellaneous Book 324, Page 775 6,2010 and recorded May 19, 2010 and the Amendment of Declaration m the office of the Recorder of Deeds of Spring Court Condominium dated in and for Cumberland County, July 29,1992 and recorded in the Of- Pennsylvania at Instrument Number fice of the Recorder of Deeds in and foi 201001 did grant and convey unto Steve e J.Yanek,Jr.and Edie J. Cumberland County,Pennsylvania in Yanek,husband and wife. Miscellaneous Book 424,Page 1140, and 2nd Amendment to the Declara- tion creating and establishing Spring Court Condominium dated February 28,2005 and recorded March 1,2005 in Miscellaneous Book 715, Page 2721 and the Assignment of Special Declarant Rights, Unit 7 17, inclu- sive, Spring Court Condominium, dated February 28,2005 and record- ed March 1, 2005 in Miscellaneous Book 715,Page 2737 and designated in the Third Amendment to the Decla- 124 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: July 26, August 2 and August 9, 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. Lisa Marie Co ne, Editor SWORN TO AND SUBSCRIBED before me this 9 dav of August, 2013 C Al /�z/" Notary N ,I ARIAL S!_,??- DE130RAi4 A COLONS Notary Public CARLISLE.BOROUGH,CUM.3ERLAND COLT"dam" i'V1,+Cnmrnission Expires Apr 23,2014 The Patriot-News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller 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 1900 Patriot Drive, 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 he 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 he 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: 07/28/13 08/04/13 08/11/13 . . . . . . . . . . . . . . . %ei . . . . . . . . . . . . . JSt Wandsubscribed 23 day of Aug st, 2 013 A.D. Publl COMMONWEALTH OF PENNSYLVANIA Notarial Seal • Molly laynn Warfel,Notary Public ----i Twp.,DaLjnin County My Commission Expires Dec.12,2016 rlp ""'!N�Yl-`I NIA A' 'x ATSON OF NOTARIES 2913-2202 CNII jinx. AML41CltOiCE FEDERAL CREDIT UNUM ee. STEVE J.YANEK,JR. Edle J Yanek AttyT Darrel C.DeMlefs Premises Being:29 East First Street,Boiling 1� Cumberland County, Pennsylvania Seized and Sold as the property of Steve J.Yanek,Jr.and Edie J.Yanek to satisfy a judgment obtained by Americhoice Federal Credit Union at Cumberland County, Pennsylvania, Court.of ComatOn Pleas Docket Number 13-2202—Civil Term Legal Description 29 East First Street, lioiltng Springs, Cumberland County,Pennsylvania 17007 ALL THAT CERTAIN unit, being Unit No. 11 ( "the Unit ") of Spring Court Condominium,located in South Middleton Township,Cumberland County, Pennsylvania,which Unit is authorized in the Declaration creating and establishing Spring. Court Condominium,dated October 1,1996 and recorded October 17,1986 in the Office in tke Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 324, Page 775 and the Amendment of Declaration Of Spring Court Condominium dated July 29,1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 424,Page 1140,and 2nd Amendment to the Declaration creating and establishing Spring Court Condominium dated February 28, 2005 and recorded March 1, 2005 in Miscellaneous Book 715,Page 2721 and the Assignment of Special Declarant Rights,Unit 717,inclusive,Spring Court Condominium, dated February 28, 2005 and recorded March 1,2005 in Miscellaneous gook 715, Page 2737 and designated in the Third Amendment to-the Declaration of Spring Court Condominium dated December 21, '2006 recorded in the Office of the Recorder Of Deeds in-and for Cumberland County in Miscellaneous Book 733,Page 1470 and the df lots and Plans iq Plan Book ge$9(.collectively,the-Dedaration of Condominium"}. TOGETHER with an undivided-interest in common elements as more particularly set forth in the aforesaid Third Amendment to k Declaration of Spring Court Condominium. ' TOGETHER with the right to use limited common elements applicable tq the Unit being conveyed herein, pursuant to the Declaration of.Condominium and the Grantors submitted the property to the provisions to the Pennsylvania Uniform Condominium Act,as amended and created Spring Court.Condominium of which the above described Unit is a part.Under and Subject to the Declaration of Condominium, rights of way, easements and agreements recorded in the Recorder of Deeds Office in and for Cumberland County, PennsyN" and matters which a physical inspection and survey of the Unit and common elements would disclose. BEING the same property as Steve J. Yanek,Jr.by his odeed�dated May 6,2010 and w Deeds m)in the office Ch;PenngMt is at Instrument Number 20100120 did grant and convey unto Steve J.Yanek,Jr:and Edie L Yanek,husband and wife. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Americhoice Federal Credit Union is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 5th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2202, at the suit of Americhoice Federal Credit Union against Steve J. Yanek Jr. and Edie J. Yanek is duly recorded as Instrument Number 201338254. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. Recorder of Deeds tft= of d County,Cari<sle,PA ortmiesion res the Frd Monday of Jan.2014