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HomeMy WebLinkAbout13-2203 Supreme Cour "o Pennsylvania For Prothonota Use On Court,of�Colnmo�hPleas y y: C heet Docket No: cunRLxtNo County I informoliott collected on this orn7 is used solely court administration purposes. This form does not S11171)1et7lent of rel)IaCe tlle and service of pleadings or other Topers as required by /aw or rules Of court. Commencement of Action: S EE Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: AMERICHOICE FEDERAL CREDIT UNION STEVE. J YANEK and EDIE J. YANEK T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? El Yes El No (check one) [3outside arbitration limits O N Is this a Class Action Suit? 0 Yes S No Is this an MDJAppeal? D Yes M No A Name of Plaintiff /Appellant's Attorney: DARRELL C. DETHLEFS El 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 PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional El Buyer Plaintiff Administrative Agencies F1 Malicious Prosecution rl Debt Collection: Credit Card El Board of Assessment Motor Vehicle El Debt Collection: Other [] Board of Elections E] Nuisance rl Dept. of Transportation n Premises Liability Statutory Appeal: Other S rl Product Liability (does not include mass tort) � Employment Dispute: E rl Slander /Libel/ Defamation Discrimination C 0 Other: E] Employment Dispute: Other F7 Zoning Board El , I E] Other: O MASS TORT M Asbestos N F1 Tobacco rl Toxic Tort - DES rl Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Other: E:1 Ejectment [] Common Law /Statutory Arbitration B rl Eminent Domain /Condemnation E] Declaratory Judgment rl Ground Rent Mandamus 17 Landlord /Tenant Dispute Non - Domestic Relations n Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITV rx1 Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental [] Partition El Replevin Legal E] Quiet Title Other: E] Medical Other: ® Other Professional: Updated 1/1/2011 C j7 Darrell C. Dethlefs, Esquire ID # 58805 L( { . Dethlefs - Pykosh Law Group, LLC # C� >' 2132 Market Street Camp Hill, Pennsylvania 17011 ��.���� v �l Cti,a��..,,. Telephone — (717) 975 -9446 , VA } 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 No.: 1:5-Z D3 0 - Ivl Ierm 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 ( *103. PO ATTV 1 2i S 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 STEVE 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, Steve 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, Steve 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 37 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 October 16, 2008 (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 Steve J. Yanek, Jr. and Edie J. Yanek in the original principal sum of one hundred eighty thousand dollars ($180,000.00) plus interest (the "Loan "). (A true and correct copy of the October 16, 2008 Promissory note is attached hereto, made part hereof and marked as Exhibit "A"). 11. To secure repayment of the Loan, as evidenced by the Note, Defendants, Steve J. Yanek, Jr. and Edie J. Yanek, as mortgagors, executed that certain Mortgage, with an effective date of October 16, 2008 (as it may have been amended, restated, replaced, supplemented or otherwise modified from time to time, the "Mortgage ") in favor of and to Plaintiff, Americhoice Federal Credit Union, as mortgagee. (Said Mortgage is a public record accessible in the Recorder of Deeds office in and for Cumberland County, Pennsylvania, Instrument Number 200834551, recorded October 21, 2008, and is attached hereto as Exhibit "B "). 2 12. A true and correct copy of the legal description for the Subject Property is attached hereto and made a part hereof as Exhibit "C." 13. Plaintiff, Americhoice Federal Credit Union, is the owner and rightful holder of all right, title, and interest in the Note 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 "). 14. Defendants, Steve J. Yanek, Jr. and Edie J. Yanek, have defaulted under the Loan Documents by, inter alia, failing to timely make all payments due thereunder. 15. 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 Indebtedness. 16. As a result of the default of Defendants, Steve 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. 17. The following amounts are due on the said Mortgage as of April 30, 2013: Principal of debt due $169,391.68 Unpaid interest $3,086.18 Title Report $75.00 Court Costs (anticipated, excluding Sheriff's Sale costs) $203.75 Escrow overdraft / (Balance) $0.00 Late Charges $189.40 3 (Monthly late charge of $22.0441 should be added in accordance with the terms of the note after 04/30/13) MIP/PMI $0.00 Recoverable balance $172,946.01 Attorneys Fees (anticipated and actual to 5% of principal) $8,469.58 TOTAL $181,415.59 18. Plaintiff, Americhoice Federal Credit Union, has a valid, perfected and enforceable lien against and security interest on the subject properties. 19. 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, Steve J. Yanek, Jr. and Edie J. Yanek. 20. The amounts due under the Loan Documents are currently due and owing and have not been paid, which is a default. 21. Defendants, Steve 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. 22. Defendants, Steve 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. 23. The amount Defendants, Steve J. Yanek, Jr. and Edie J. Yanek, currently owe to Plaintiff Americhoice Federal Credit Union is not less than the Indebtedness. 24. Defendants, Steve J. Yanek, Jr. and Edie J. Yanek, have failed to pay the Indebtedness, which is a default. i 4 x WHEREFORE, Plaintiff, Americhoice Federal Credit Union, demands judgment be entered, in rem, against the Defendants herein in the sum of $169,391.68 plus interest, costs and attorney's fees as more fully set forth in the Complaint, and for foreclosure and sale of the mortgaged premises. Respectfully b itted, Dethlefs -Py osh aw Group, LLC a Darrell C. IJWIefs, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975 -9446 Attorney for Plaintiff Date: r tl, 6 ADJUSTABLE RATE NOTE (1 Year Treasury Index -Rate Caps) YAMK, JR Loan t 44151 -52 THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. OCTOBER 16, 2008 CARLISLE PENNSYLVANIA [Date] (City] [State] 37 EAST FIRST STREET, BOILING SPRINGS, PA 17007 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a Ioan that I. have received, I promise to pay U.S. $180, 000.00 (this amount is called "Principal "), plus interest, to the order of tfie Lender. The Lender is AMERICBOICE FEDERAL CREDIT UNION. . I will make all payments under this Nate in the form of cash, check or money order. I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.750%. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the fast day of each month beginning on DECEMBER 1, 2008..l will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on NOVEMBER 1, 2038,1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO BOX 1429, MECHANICSBURG, PA 17055 or at a different place if required by the Note Holder. (Ii) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $1, 050.43. This amount may change. (C) Monthly Payment Changes . Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of NOVEMBER, 2011, and on that day every 36th MULTISTATE ADJUSTABLE RATE NOTE -ARM 4 -115 -116-1- Single Family - b 13470.4 Page 1 of 4 Vol Modified by AMEF ICSOICE FEDE CREDIT UNION EXHIBIT A dd151 -S2 month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding THREE AND THREE-FOURTHS percentage points (3.750%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at'the first Change Date will not be greater than 6.7504'0 or less than 4.750%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0 %a) from the rate of interest I have been paying for the preceding 36 months. My interest rate will never be greater than 11.750 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORRO'WER'S RIGHT TO PREPAY I have the -right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." Wizen I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this Ioan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from we which exceeded permitted limits will be refunded to me. The Note MULTISTATE ADNSTABLE RATE NOTE -ARM 4- LS- 1/6 -1— Single Family — etJ 13470.4 Page 2 of 4 1/01 Modified b y ANERICHOICE FEDERAL CREDIT UMON 44151 -52 Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 30 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OT PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require die Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I MULTISTATE ADJUSTABLE RATE NOTE -ARM 4 -115 -116.1— Single Family — o� 13470.4 Page 3 of 4 1101 Modified by MWMCHOICE FEDERAL CREDIT UNION aal.si -ss do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If al I or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all 'SUMS secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HANDS) AND SEALS) OF Tim IINDEP SIGNED. BORRO R -� S VE J: YANER, JR - DATE Q BORROWER - EDI 0% YANES — DATE — [Sign Original Only] MMIISTATE ADJUSTABLE RATE NOTF_ARM 4-L5- 116-1— Single Family— ® 13470.4 Page 4 of 4 Vol Modified by AMERICNOTCE FEDERAL CREDIT UNION ADDENDUM TO NOTE Y=K, aR Loan #: 44151 -52 This addendum is made OCTOBER 16, 2008 and is incorporated into and deemed to amend and supplement the Adjustable Rate Note of the same date. The property covered by this addendum is described in the Security Instrument and located at: 37 EAST FIRST STREET, BOILING SPRINGS, PA 17007. AMENDED PROVISIONS In addition to the provisions and agreements made in the Note, or in the event of a conflict between the Note and this addendum to the Note, I/we further covenant and agree as follows: ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHARGES Limits on Interest Rate Changes The interest rate I am required to pay at the first Change date will not be greater than 6.750 %.or less than 4.750 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than ONE percentage point(s) (1.000%) from the rate of interest I have been paying for the preceding THIRTY SIX (36) months. My interest rate will never be greater than 11.750%. My interest rate will never be less than 4.000 %. UNII ORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoked any remedies permitted by this Security Instrument without further notice or demand on Borrower. 1201 Addendum to Note tO) 11414.1 Page I or 2 Vol 44151 -52 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this addendum, and agrees that any conflict between this addendum and the Note shall be resolved in favor of this addendum - BO WE J. YA=x, JR - DATE - BORROWER - E E K - DATE - r ` witness 1201 Addendum to Note effD 11414.I Page 2 of 2 1101 j a ,� a•+ PARCEL 40- 29- 2482- 079U15 001 B1J After Recording Return To: AMERICHOSCE FEDERAL CREDIT UNZON 2175 BMMLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055 ATTN: jOHN NEEDS (717) 591 -1264 Prepared By: Property Address: 37 EAST FIRST STREET BOILING SPRINGS, PA 17007 PIN: [Space Above This Line For Recording Data] MORTGAGE YMMK, JR Loan #: 44151 -52 PIN: DEFINMONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage Of words used in this document are also provided in Section 16. (A) "Security Instrument' means this document, which is dated OCTOBER 16, 2008, together with all Riders to this document. (B) "Borrower" is STEVE J. YANEK AND ERIE J. YANLK, HUSBAND AND WIFE Borrower is the mortgagor under this Security Inshument. (C) "Lender" is APIERICHOICE FEDERAL CREDIT UNION. Lender is a CREDIT UNION organized and existing under the laws of PENNSYLVANIA. Lender's address is 2175 BUMBLE BEE HOLLOW ROAD, RECHANICSBURG, PA 17055. Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated OCTOBER 16, 200h. The Note states that Borrower owes Lender ONE HUNDRED EIGHTY THOUSAND Dollars (U.S. $180, odo. oo) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2038. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all hums due under this Security Instrument, plus interest. (G) "Riders " means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ❑ Condominium Rider ❑ Balloon Rider [- - ] Planned Unit Develo ment Rider ❑ Second Home Rider p ❑ Biweekly Payment Rider PENNSYLVANIA- Single Family- Tnnnie MadFreddle Mac UNIFORM INSTRUMENT 430 347.11 Page I of 14 Form 3039 1/01 EXHIBIT B 44151 -52 1:11-4 Family Rider ® Other(s) [specify) 3/3 ARM RIDER, ADDENDUM TO ADJUSTABLE RATE RIDER (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,17 "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE.PROPF..RTy This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY (Type of Recording Jurisdiction) of CUMBERLAND (Name of Recording Jurisdiction) which currently has the address of 37 EAST FIRST STREET, BOILING SPRINGS, Pennsylvania 17007 ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all PENNSYLVANIA- Single Family - Fannie MadFreddle Mac UNIFORM INSTRUMENT Q7 347.11 Page 2 of 14 Form 30391/01 44151 -52 easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is Iawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise' described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If .Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNWORM INSTRUMENT 4EB) 347.11 Page 3 of 14 Form 30391/01 t 44151 -57 late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender.may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 1.5 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as PENNSYLVANIA- Single Family- Fannie Mae/Freddic Mac UNIFORM INSTRUMENT OE� 347.11 Page 4 of 14 Form 30391/01 44151 -52 defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all.taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the Iien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and /or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shag also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's PENNSYLVANIA- Single Family- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT 49D 347.11 Page 5 of 14 Form 30391/01 44151 -sa right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and /or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shalt not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or,restoration. PENNSYLVANIA- Single Family - Fannie Mae1I'reddle Mac UNIFORM INSTRUMENT Q�- 347.11 Page 6 of 14 Form 30391/01 44151 -52 Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application -process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of tIte Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements, contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such Ioss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay PE NNSYLV.ANIA- Single Family - Fannie Mac/Preddie Mac UNIFORM INSTRUMENT q9 347.11 Page 7 of 14 Form 30391/01 44151 -5a Borrower any interest or earnings on such loss reserve. Lender can no longer require Ioss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage 'Insurance ends in accordance with any written agreement between Borrower.and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note)-for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate @heir total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive; from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or L'ender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. PENNSYLVANIA-Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT 4] 347.11 Page 8 of 14 Form 30391/01 In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial tailing, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately -before the partial taking. destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or fire party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's 'interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by die original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; $uccessors and Assigns Bound.-Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not-execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the tcrnrs of this PENNSYLVANIA- Single Family - Fannie Mne/Fraddie Mac UNIPORM INSTRUMENT 8 347.11 Page 9 of 14 Form 30391/01 44151 -52 Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed lute permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given'by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Q> 347.11 Page 10 of 14 corm 3039 L01 44151 -52 As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. IS. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment: sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days. before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees inured for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Leader may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and.Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in .connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a PENNSYLVANIA- Single Family- Fannie WOW reddle Mac UNIFORM INSTRUMENT QD 347.11 Page 11 of 14 Form 30391/01 441St -52 Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not;assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before. certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, Iawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge,"release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority; or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Lnw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 1S unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration PENNSYLVANIA -Single Family -I annie Mae/Freddie Mae UNIFORM INSTRUMENT 15) 347.11 Page 12 of 14 Dorm 30391/01 44151 -52 and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured. by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. This is a contract under seal and may be enforced under 42 Pa.C.S. Section 5529(b), io ` s t �v� - oxxowE - s. YAMIC, JR - DATE -1 id t 0� BORROWER - EDIFY YANEIC .. DATE — PrMSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNIT ORM INSTRUMENT Q�D 347.11 Page 13 of 14 Form 30391/01 44151 -52 (Space Below This Line For Acknowledgment] STATE OF PA COUNTY OF Cumberland On this the day of Aetebe —�Aag before me, the undersigned officer, personally appeared Gfe A .T Vqn=1c .7r �nr7 F C� � —T , h�i a �nr7 known to me (or satisfactorily proven) to be the person( hose name(s) is subscribed to the within instrument and acknowledged that he executed the sam for the purposes therein n• fined. In witness whereof, I hereunto set my hand and official seal. /� t Notary Public NOTAR) q SEAL My Commission Expires: RENEE L. MLRRAY, Notary Public Carlisle Som, Cumberland Cauaty, PA My Commission Expires Dec. 13.2Q04 CERTIFICATE OF RESIDENCE: I do certify that the precise address of th hin named Mortgagee is 2175 BUMBLE BEE HOLLOW ROAD, MECHANICSBIIRt3, PA 17055. Signature: i'Jr Age on behalf.df Mortgagee ROb�rt C. Saidis, Esquire PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT qEP 347.11 Page 14 of 14 Form 36391/01 Exhibit A ALL THAT CERTAIN unit, being Unit No. 15 ( "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 beclarant 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. TOGETII ER 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. ADJ[JSTA13LE RATE RIDER (1 Year Treasury Index -Rate Caps) YAN=, OR LOAN #., 44151 -52 THIS ADJUSTABLE RATE RIDER is made this 16TH day of OCTOBER, 2008, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date given by the undersigned ( "Borrower ") to secure Borrower's Adjustable Rate Note (the "Note ") to AMERICHOICE FEDERAL CREDIT UNION ( " Lender ") of the same date and covering Elie property described in the Security Instrument and Iocated at: 37 EAST FIRST STREET, BOILING SPRINGS, PA 17007 (Property Address]. • THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 5.750%. The Note provides for changes in the interest rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of NOVEMBER, 2011, and on that day every 36TH month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of three years, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. MULTISTATE ADJUSTABLE RATE RIDER -3 YEAR ARM—Single Family — aL 13615.3 Page 1 of 3 44151 -52 (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding THREE AND THREE - FOURTHS percentage points (3.75095) to the Current Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 6.7500 or less than 4.750%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than 1.000% from the rate of interest I have been paying for the preceding months. My interest rate will never be greater than 11.75095. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that a risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. MULTISTATE ADJUSTABLE RATE RIDER -3 YEAR ARM — Single Family — 13615.3 Page 2 of 3 44151 -52 If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice.is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sun5s prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. t0 l� p�v — BO OWE qm .. rix EK, JR — DATE — i 0 1� Q — BORROWER — E e E J. YANEK — DATE — MULTISTATE ADJUSTABLE RATB RIDER -3 YEAR ARM -- Single Family - 4L 13615.3 Page 3 of 3 ADDENDUM TO ADJUSTABLE RATE RIDER YMM, aR Loan #: 44152 -52 This addendum is made OCTOBER 16, 2008 and is incorporated into and deemed to amend and supplement the Adjustable Rate Rider of the same date. The property covered by this addendum is described in the Security Instrument and located at: 37 EAST FIRST STREET, BOILING SPRINGS, PA 17007. AMENDED PROVISIONS In addition to the provisions and agreements made in the Security Instrument, or in the event of a conflict between the Note and this Rider to the Mortgage and or Deed of Trust, I/we further covenant and agree as follows: ADAJSTABLE INTEREST RATE AND MONTHLY PAYMENT CHARGES Limits on Interest Rate Changes The interest rate I am required to pay at the first Change date will not be greater than 6.750% or less than 4.750 %a. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than ONE percentage point(s) (1.000%) from the rate of interest I have been paying for the preceding THIRTY SIX (36) months. My interest rate will never be greater than 11.750 %n. My interest rate will never be Iess than 4.000 %. TRANSFER OT THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, 1202 Addendum to Rider ® 11415.2 ?age 1 of 2 1 /Ol 44151 -52 those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this addendum, and agrees that any conflict between this Rider and the Security Instrument shall be resolved in favor of this Rider. (0 ( a BORROWE — S : StANE2r, JR - DATE — BORROWER — ED J. YA= 1202 Addendum to Rider 4�0 11415.2 Page 2 of 2 1701 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY -0 ' °" � 1 COURTHOUSE SQUARE CARLISLE, PA 17013 = ' 717- 240 -6370 W Instrument Number - 200834551 Recorded On 10/21/2008 At 9:41:17 AM * Total Pages - 21 * Instrument Type - MORTGAGE Invoice Number - 30876 User ID - RAK * Mortgagor - YANEIC, STEVE J *.Mortgagee - AMERICHOICE FEDERAL CREDIT UNION * Customer - ABSTRACT CO * FEES STATE WRIT TAX $0 .50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $43.50 RECORDER OF DEEDS Th is page is now art PARCEL CERTIFICATION $10.00 P g p FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 I Certify this to be recorded in Cumberland County PA ya p Ctlly 2. 9 p �c RECORDER O D EDS t�so ' - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001B1J II I I II I II I I II II I I IIII it 11 111 Exhibits A ALL THAT CERTAIN unit, being Unit No. 15 ( "the Unit ") of Spring Court Condominium, located in South Middleton 'Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration treating 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 beclarant 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 "). TOGE'THER with an undivided interest in common elements as more particularly set forth in the aforesaid 'Third Amendment to Declaration of Spring Court Condominium. TOGETtMi R 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. EXHIBIT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Lf-.5-OF Via€; Ronny R Anderson ` '{ Sheriff Of THE PR01� 0H0 BAR . �Q�yrxtt? �� Jody S Smith 2013 MAY 13 AM 13= 37 Chief Deputy { Richard W Stewart CUMBERLA"(40 CG�J'�4�'} Solicitor cFFt�rTr. : �r= REN14SYBIANIA Americhoice Federal Credit Union Case Number vs. 2013-2203 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 t requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing the el es to be Edie Yanek, wife of defendant, who accepted as"Adult Person in Charge"for Steve J Yan k, J . at 8 S. Ridge Road, South Middleton Township, Boiling Springs, PA 17007. SH N H RISON, DEPUTY 04/23/2013 08:35 PM- Deputy Shawn Harrison, being duly sworn according to law, served th equested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person pres nti g themselves to be the Defendant, to wit: Edie J Yanek at 8 South Ridge Road, South Middl t ail Springs, PA 17007. 9L - SH N H ON, DEPUTY 05/03/2013 11:48 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Patricia Woll, tenant, who accepted as"Adult Person in Charge"for Occupants at 37 East F'. t Street, South Middleton, Boiling Springs, PA 17007. UTSHALL, PUTY SHERIFF COST: $89.62 SO ANSWERS, May 06, 2013 RON W R ANDERSON, SHERIFF (c)CounlySuile Sheriff,Teleosoft,Inc. Darrell C.Dethlefs,Esquire fit; �'6Ft- ID#58805 F ' Dethlefs-P kosh Law Group,LLC P�1 Y P 2132 Market Street llu (; lU14 Camp Hill,Pennsylvania 170111°� � `� � � ,( � 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.:13-2203 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: $169,391.68 Interest(through April 22, 2013): $3,068.18 Title Report: $TBD Escrow overdraft (forced insurance): $TBD Court Costs: $203.75 Late Charges (through April 22, 2013): $189.40 Attorneys Fees (5% of principle, Interest and Late Charges): $TBD ------------------------------------------------------------------------------------------------------------ Total: $172,853.01 pC � ag139t $172,853.01 with.interest, accruing at 5.75%, plus attorney's fees and the costs of suit. The undersigned certif es 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. /r Dethlefs-Pykosh aw , LLC C.� ✓ �Jam' Date: By. Darrell L. ethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, PA 17011 Tele#: (717) 975-9445 i 1 :.FICATE L SERVICE CEF, OF MAILING . q�• AIfIK y�y1 Frpn , POm4W and Of PA One ri w Pd+nerY rnall add rued to: cC, MAY BE USED FOR FOR INSURANCE OOaI�STIC 0 INT NATIONAL MALI, °osrMASTEa ODES NOT PROVIDE MAY 3817 n U.S.Government PTinting Offlce:489.224 Nv.a i(Mv :i91 U.S. POSTAGE ._. ._-•--- PRIG LRM1701 L.PR 1 ..... ..-, rml 3 osTaL ERVIC AMOUNT • POSTp�SERVICE $1.20 _. 1000 i 00092585-19 ,,. .1.. �:• J':: !1;1'1• .., ;`°` ::. i �i i. i; POSTAL SERVICE CER7 'LATE OF MAILING ABIx Recei Fromm 1 POSU Je and c Postmark"Ire Of 02(� 2 �lV��� S Poatmeslor One pie=of nary mall add��to: MAY BE USED FOR pp w 1 FOR INSURANCE —PpfYM AND TERIVA AL MAIL,OM I40T pR0VIDE MAY FORM TtR 1 3817 Q U.S.Government Printing Office:489-224 ,1 f . U POSTAGE- :...y.;..:;>,:, PAID CFIMF H!LL,PA 17011 �Nrrsnsrnres i•in5' i-1. 1.3 rosrei.ER�icE AMOUNT 1000 $1 .20 00092585-1q i !1 t!'' 9i:•i; '/i r .. :l'es rxg7( Owh��i ... ---- ( a i i S . s Darrell C.Dethlefs,Esquire ID#58805 :1, � Dethlefs-Pykosh Law Group,LLC 2132 Market Street ; Camp Hill,Pennsylvania 17011ai} FaTelephone 717 975-2309 -9446 P�gs5 WAD tk DDethlefs@a,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.:13-2203 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, Edie J. Yanek, is not in the military service of the UNITED STATE OF AMERICA to the st of his knowledge, information and belief. Date: 6 q —(..3 Darrell C. ethlefs, Esquire h Sworn and subscAbed before me this �� day of June,2013. My Commission Expires: O Notary P blic COMMONWEALTH OF PENNSYLVANIA Notartal Seat Crystal L Mahoney,Notary Public Camp Hill Soro,Cumberland County My Commission Expires Marla 20,2014 Member,Pennsylvania Association of Notaries 1 Darrell C.Dethlefs,Esquire ID#58805 Dethlefs-Pykosh Law Group,LLC 2132 Market Street UTA*[ Camp Hill,Pennsylvania 17011 } j3EiZLN� }1� Telephone—(717)975-9446 �E �SY LO 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.:13-2203 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, Steve J. Yanek, Jr., 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. efs, Esquire Sworn and subscribed before me this y '� day of June, 2013. My Commission Expires: 3 -a c Notary P lic COMMONWeALTM Of PENNSYLVANIA Notarial seal crystal 1..Mahoney,Notary Public ;Camp Hill Boro,Cu►nberland County My Commission March 20,2014 Peanla AsSOCiation of Notaries Member, nn ti Darrell C. Dethlefs, Esquire ID#58805 v i p �� �R0T�i0NO Tr`�i' Dethlefs-Pykosh Law Group, LLC 2132 Market Sheet 2013 JUN -4 P11 2. 0-1 Camp Hill, Pennsylvania 17011 ������,����� �,l-OU,��� Telephone—(717)975-9446 PENNSYLVANIA Fax—(7 17)975-2309 DDethlefs a aol.cotll 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.: 2013-2203 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 PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE `PHIS 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. 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 1MPORTANTE 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 D1EZ (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, 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 Date: 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-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 2Detlilefs@aol.com Attorney for Plaintiff AMERICHOICt FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION - LAW STEVE J. YANEK, JR. and ED]E J. YANE K, NO.: 2013-2203 Defendants MORTGAGE FORECLOSURE TO: Steve J. Yanck, Jr. Edie J. Yanck 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 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 S 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 1MPORTANTE LISTED 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, 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 Date: 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-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.:13-2203 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 of$172 53.0 'th In st, accru' 5.75%,plus attorney's fees and the costs of suit. DATE: 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$172,853.01 with interest, accruing at 5.75%,plus attorney's fees and the costs of suit. FECHA: Protonotario t Certifico que la siguiente direccion es la del defendido/a segun indicada en,el certificado de residencia: A: Steve J. Yanek, Jr. 8 South Ridge Road Boiling Springs, PA 17007 Abogado del Demand ante Dethlefs-Pykosh aw roup, LLC �n r Date: By: Darrell C ethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, PA 17011 Tele#: (717) 975-9445 Darrell C.Dethlefs,Esquire ID#58805 Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 DDethlefs@aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW STEVE J. YANEK,JR. and EDIE J. YANEK, No.:13-2203 CIVIL TERM Defendants MORTGAGE FORECLOSURE TO: Edie J. Yanek, Jr. 8 South Ridge Road Boiling Springs, PA 17007 You are hereby notified that on 2013, the following Judgment has been entered against you in the above-captioned case. Default in rem Judgment in the amount of$ 2,8 ft w i terest, acc i g at 5.75%, plus attorney's flees and the costs of suit. DATE: (7 /-3 ®° Prothonotary 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$172,853.01 with interest, accruing at 5.75%,plus attorney's fees and the costs of suit. FECHA: Protonotario Certifico que la sigguiente 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-Pykosh aw , LLC Date: By: Darrell C. ethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, PA 17011 ! Tele#: (717) 975-9445 i 1 AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2203 —CIVIL TERM , STEVE J. YANEK, JR., and EDIE J. YANEK, . MORTGAGE FORECLOSURE r w C— T;:';: Defendants =� 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 37 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. Tax Parcel ID #40-29-2482-079-U15 Legal Description: ALL THAT CERTAIN unit, being Unit No. 15 ("the Unit ") of Spring Court Condominium, located in South Middleton 'Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration treating 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 s163,7,rcd0` ' U Ps.ta " Du.e.- Cry. ,s"o-.P�'� 37 p4-47 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 October 16, 2008 and recorded October 21, 2008 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument Number 200834550 did grant and convey unto Steve J. Yanek, Jr. and Edie J. Yanek, husband and wife. Judgment Amount: Amount Due: Amount Due: Amount Due: Principal Balance: $169,391.68 Interest(through 4-30-13): $3,086.18 Title Report: $75.00 Escrow overdraft(forced Ins.) $TBD Court Costs: $203.75 Late Charges (through 4-30-13)$189.40 Attorney's Fees $TBD Total: tl-7A/rs-3 0 1 Interest: 6.50% per year (simple) from 4-30-2013 through date of satisfaction Costs: $TBD—Costs of Judgmen Sale to be added Respectfuully lly mitt u itted, DATE:— BY: I Dar C. Dethlefs, Esquire I D# 58805 y, y AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2203 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 lly ubmitted: Date: `~ r Darre . ethlefs, 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-Pykosh Law Group, LLC Judgment Amount: Amount Due: Principal Balance: $169,391.68 Interest(through 4-30-13): $3,086.18 Title Report: $75.00 Escrow overdraft (forced Ins.) $TBD Court Costs: $203.75 Late Charges (through 4-30-13)$189.40 Attorney's Fees $TBD Total: $104,64=4 t?a ,ns.of Aoll Interest: Additional interest accruing on the Principal Balance at the simple rate of 6.50% per year from April 30, 2013 through date of satisfaction Costs: $TBD— Costs of Judgment& Sale to be added Situate in the Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania Tax Parcel # (40-29-2482-079-U15) Premises Being : 37 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 iudgment obtained by Americhoice Federal Credit Union at Cumberland County, Pennsylvania, Court of Common Pleas Docket Number 13-2203— Civil Term LEGAL DESCRIPTION OF PROPERTY TO BE SOLD 37 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007 ALL THAT CERTAIN unit, being Unit No. 15 ("the Unit ") of Spring Court Condominium, located in South Middleton 'Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration treating 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 October 16, 2008 and recorded October 21, 2008 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument Number 200834550 did grant and convey unto Steve J. Yanek, Jr. and Edie J. Yanek, husband and wife. L J i -jIt H0,0 P JUN -5 pVj Darrell C. Dethlefs Esquire ID#58805 CUMBERLAND Cow,iT-y Dethlefs-Pykosh Law Group,LLC PEN NS YLVANIA 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, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2203 — 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: 37 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. 3129 n the date indicated. Date: Darrell . Dethlefs, Esq. Attorney for Plaintiff T� PRO 2013 JUN' -5 P11 4- 17 CWJBERLANn C(!Lrj-i y PEWISYLVAZ� 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@—aolcom Attorney for Plaintiff. AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. No.: 13-2203-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, 37 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 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 37 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 U.S. Attorney, Federal Building 3 228 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 1 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. §49 relating to unsworn falsification to authorities. Respectf Ily ubmitted: Date: f Darre relating Esquire ID 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff 4 i Darrell C.Dethlefs,Esquire i t I F% , t d��, I.D.#58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2 C 13 J° P{l 2132 Market Street Camp Hill,PA 17011w; Telephone:(717)975-9446 `v I Fax: (717)975-2309 PENNSYLM E-mail:dethlefs c,aol.com AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2203 —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: 37 EAST FIRST STREET, BOILING SPRINGS, Cumberland County, Pennsylvania 17013 CUMBERLAND C.C.P. NO.: 13-2203-- 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 will a made in accordance with the schedule unless exceptions are filed thereto within days after the filing of the schedule. --c Date: �.._ Darre 4- . Dethlefs, Esquire Attorney for Plaintiff AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. No.: 13-2203 - CIVIL TERM STEVE J. YANEK, JR., and EDIE J. YANEK, MORTGAGE FORECLOSURE Defendants JUDGMENT ENTERED To: Steve J. Yanek, Jr. and Edie J. Yanek -. o 8 South Ridge Road cza Boiling Springs, Pennsylvania 17007 7-1 TAKE NOTICE: -<> That the Sheriff's Sale of Real Property (real estate) will be held: 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 37 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007, is scheduled to be sold at the Sheriffs 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 $69,391.68 plus interest of $3,086.18 current as of April 30, 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 13-2203 - 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 Sheriffs 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 37 East First Street, Boiling Springs, Cumberland County, Pennsylvania 17007 ALL THAT CERTAIN unit, being Unit No. 15 ("the Unit ") of Spring Court Condominium, located in South Middleton 'Township, Cumberland County, Pennsylvania, which Unit is authorized in the Declaration treating 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 October 16, 2008 and recorded October 21, 2008 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument Number 200834550 did grant and convey unto Steve J. Yanek, Jr. and Edie J. Yanek, husband and wife. Respectf 11 fitted: Date: � �; ( Darrell t. 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 13-2203 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$172,853.01 Plaintiff Paid$ Interest 6.50%PER YEAR(SIMPLE)FROM 04/30/13 THROUGH DATE OF SATISFACTION Attorney's Comm. % Law Library$.50 Attorney Paid$238.37 Due Prothonotary$2.25 Other Costs$TBD-COSTS OF JUDGMENT&SALE TO BE AD D Date:JUNE 5,2013 David D.B15'ell,Pr onotary (Scal) 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 Ic,Es TH uire Pi?O O I.D.458805 NO!!'jpj DETHLEFS-PYKOSH LAW GROUP,LLC V 6 2132 Market Street P[1 12: ra Camp Hill,PA 1.7011 CUIVER1 AND Telephone:(717)975-9446 NIA Fax: (717)975-2309 PENN��L VA E-mail:ddethlefs(g-mol.com AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. No.: 13-2203—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. b firs C lass United States mail, postage pre-paid, on the date set forth below. (See attL receipts for list of all those served). Date: <7 Darrell eDethlefs, Esq. Attorney for Plaintiff U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From po•age and Darrell C. Dcihlels. LSyuire po•Cnark.lrpulro of Dethlels-PykOsh Law('11-0111). IA-C PostmasEertorpoatage 3133 Market Street Camp 1-1111. PA 1701 1 One piece of ordinary mail reved to: MAY BE USED FOR DOME— AND INT RN TIONAL MAIL•ODES NOT PROVIDE FOR INSURANCE –POSTMASTER PS FORM 3817 a U.S.Government Printing Office:489-224 MAY 1976 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: Darrell C'. De(hlel`,s. FSquirc postage and postmark.Inpuina of IDellilefs-Pykosh Law Group- L.LC PosUnagerforpwilge 3133 Market Street Camp Hill, PA 1701 1 One piece of ordinary mail addrpned to: MAY BE USED FOR DOMEVIC AND INTERNATIONAL MAIL,DOES NOT PROVIDE FOR INSURANCE –POSTMASTER PS FORM 3817 o U.S.Government Printing Office:489-224 MAY 1976 ni 1-r. • _ Q– o. • 1` PA 'M 117 ,{ B_11_:h1!J '.III,' "1i- hh if , m _ m coPostage $ Iii) Postage $ Certified Fee I Crrtilietl Pee lam. — � f�sJglark r-9 — Po lk CD Return Receipt Fee O Re--turn Receipt Fee Her6I C3 (Endorsement Required) 1, .a (Endorsenient Required) `i'• `" C3 Restricted Delivery Fee t r; �V c!) Restricled Delivery Fee. O (Endorsement Required) .. )• (] (Endo,enient Required) U- Total Postage B Fees s',. .-;'-'.. .?t i;,. Total Postage 8 Fees $ ;.... _ rij ru -- Sent To J. _ -- ni 1 Merl!70 J J— y ---- Slrecl,Apf.No.; Srrocr,Apl. ----- o.; n•• - 0 -----------PO Box A'-- � S t 2� or PO Qox No. S 1(.��C �r.I --'-----.p.................•-'- Cify,Slaf, IP+4 / 2' S Py 7©oy Cit.Slain O r/ /r n 2 .� / / �?OD `i C U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: \ J� i•� Postage and llll C U t}- postmark Inquire of Dethlefs-Pykosh Lew Group. I_.L.0 Potstmasw for"I 71'? l\q�rket Street Camp Hill- PA 17011 _ ieoe of ordinary moll sou rerse„ _ S0i � I k MAY BE USED OR oMESTIC• D INTERNATIONAL MAIL.ODES NOT PROVID FORINSURANCE –POSTM TER PS FORM MAY 1976 3817 n U.S.Government Printing Office:489-: D^ 0 r; IJ z -<T 17 m rnM ym T R E' cC —• o _ U.S.POSTAL SERVICE 0. m° 1 a. . 3 m CERTIFICATE OF MAILING Affix Receied rom. Postage and ° D U �f I postmark.In quire of T N N Li D n° Dehlefs-1' C Postmaster for poste m o y av rD 1n L p, 2132 Market SIfCGI m a r /� �m Calll1) 1-Ills, PA 17011 C . n �-�` '� p ... . \ - One Piece of ordin moil rat to: 'ytq /�11 0 D m �� ^� 1 f' 11 A f— O Z �1 y< Z r 0 �1n1 n 1C S rAS FA I 0 D MA' )14ESTIC A�tjb INTERNATIONAL MAIL.ODES NOT PROVIOI FOR INSURANCE –POSTMAS ER P$FORM S Cu MAY FORM 3817 0 U.S.Government Printing Office:489-2 O Z 33 m >< O mm m n m A O$ o� N �o 0 - n °m U.S.POSTAL SERVICE - CERTIFICATE OF MAILING Affix Received From: postage DIY Y i r 1)Q h "f °po�„arIL and e Dethlefs-Pykosh Law Group, I,LC - Po"ff'a*w to'00*1 2132 Market Street _ Canlp 1-fiil, PA 1701 1 _ a 0800 0f ordinary it ne[Tad to: MA BE USED FOR DOMESTIC A14D INTERNATIONAL MAIL.DOES NOT PROVIE FORINSURANCE —POSTMASTFA PS FORM MAY 1978 3.817 O U.S.Government Printing Office:489- U.S.POSTAL SERVICE CERTIFICATE OF MAILING ' 1111777 111 f,, Affix FRe ved From. l�Ci� /� > postage and thfefs-Pykosh I_aw (;,'r�i,P LI C Potrmaatt.Ifourif�sel 21;2 Iviarl:et Strut Camp I'lill, PA 1701 1 One Piece of ordinary moil e[Idrened to: rn MAY BE USED F R DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVIDE FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 r, U.S.Government Printing Office:489-2: S N o; -0 m 0 S ' QQ U.S.POSTAL SERVICE IT m mD $ = ­0 CERTIFICATE OF MAILING Affix b r' —�; —C Received From: f 1 I r Postage and Y �no � �y �c��rlfl �����,i� � � J �J � e I pwtmerk.Inpulre of >o Delhlefs-Pykosh I_,av\' Group, 1111 _ Postmaster for post, m n ?1 32 Market Street 4 nm Cal»p l-lilt, PA 17011 c T m C — D z C o tit < < ( y 1 ` W ,i �� ,,� � Q -�.y D m One Piece o1 ordinary mail eddrersod to:IR IJU t 1 I�11.nt trt l?1 G) 11 9 Ip L 1 rill ''e e'u? " r x Nb I L� �—� MAY BE USED FOR •ESTIC AND INTERNATIONAL MAIL.DOES NOT PROVID r _.t FOR INSURANCE —POSTMASTER 7 PS FORM o QR o a MAY 1976 3817 ', U.S.Government Printing Office:489-: O m 0 dD M < Z a Pi - °a U.S.POSTAL SERVICE r CERTIFICATE OF MAILING Affix Received From I 1 I I V'r �I �f�-I,r I l l'r postage and Dethlcis-Pykosh 1.11 W GA-t01L111), ITC Postmasterngefre of GA-01-11),1 Postmaster for posit 21.i? IMa1'ket Sti-eet Camp Ilil1, PA 17011 .1,, e Place of ordinary mail addressed to: �.�r _r' "1 �••lo r -IT 1lfirrit 01 LA' `rl k Plo Id Inc' �LY�J1� MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVID FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 +�U.S.Government Printing Office:489 U.S POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: ) postage and �r�Il i s DetlllelS-P\ikOSh Lai\ Postmark.Inquire of Grpllp. 1_l-,C _ Postmaster for Posts \'larket Street Ca111p 1-1111. PA 17011 One piece of ordinary mail addrened to: 11; ' f n MAY BE USED FOR. ME IC AND INTERNATIONAL MAIL,DOES NOT PROVI01 FOR INSURANCE —POSTMASTER 'tee PS FORM MAY 1976 3817 0 U.S.Government Printing Office:489-2 {(n 0> 1� p O I m > DC t� o v r rA O o U.S.POSTAL SERVICE w �o �a 3 m CERTIFICATE OF MAILING Affix n O ry T C Received From:DO 1 1J I I �rl I e�• p0618g8 and l I t postmark.Inquire of xm J D , Do Ue(hle1' -Pykosh 1„1w Group, LLC Postmaster for poste X; c m D 2 1 2 Market Strut D c�,111p 1-1111, PA 17011 P G Z 3< :� One piece of ordinary mail addretred to: (g r Worp 3 ,�. ; MAY BE USED FOR 0111,11t.3111L AAW INTERNATIONAL MAIL,OM NOT PROVIOi -e D FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 o U.S.Government Printing Office:489-2 x A o °C _< N �O A m U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From- I ((�f ,`�}-l�I'�L.( postage and Ihlhlels-P�I:o+sh 1. ;�� Grciup, l.,l_( _ Postmark.Inquire of Postmaster er for post) -'► �- MerkCI Stl-CC I _ (.anlp 1 1111, PA 17011 One Puce of ordinary mail addressod to: JIM MAY BE USED FOR DO ESTIC AND INTERNATIONAL MAIL,DOES NOT PROVID FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 o U.S.Government Printing Office:489 U.S.POSTAL SERVICE CERTIF'I'CATE*OF MAILING Affix Received From: Wye e ., ,1 j f h I C�l Postage and I)�tltle S-1'*l:i)sh I.,I\\ Group. 1-I.C' Po.ur+eaa.�'forlp:a 1 ? N'llill-kci Stre t 1 1111. I'.\ 170 i I One piece of Ordin moil eddratJed to: en rat � � MAY BE USED R ESTI R. D INTERNATIONAL MAIL,DOES NOT PROVIDI FOR INSURANCE —PpsTMASTER PS FORM MAY 1976 3817 0 U.S.Government Printing Office:489-2 nin Oy _ ` _ D Z 0Q rn _ M —J+ SERVICE ce m 1 0 'J a n CERTIFICATE LOF MAILING nitlx d n' rn r MM-D _ _ �. ,.(,� 10 Received From UG 1 r postage and r �l' 1III��:.S I Tin J postmark.Inqulry of o �. ��Ihluls-1 �klt�ll l.a�� (scull)- L;l.,� Postmaster forpoek a mr' (' aril) I IIII. I',\ 17;11 I O as O Q ^-5 A �� ^ ��. < One PI"Of 0' 0 m Cj D m G7 + A_ME:;'Iq 3 [— i 1 1 M AY BE USED 0 INTERNATIONAL MAIL,FOR INSURANC [R ��►+OT PROVID PS FORM 7 MAY 1976 3817 o U.S.Government Printing Office:489-: m 03 o �� T Y n CU.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: C Y I �i II �f`1 .{( postage and Postmark.Iraqulry of L't llc1:;-1)yk()sh Lavv Group, I:I,(. Postmestsr for post Z 1 12 ,Milrl•:rt Street Canll.t I Ii11. PA 17011 Ono Piece of ordinary mail addreued f0: �, I I I1�' r 1 1 Y�'L'Q.►:i}� o I 11 f I ~1 , '1i111�i'►i (�1"1f� jCix l�l' " i��n `Flour. S1Yd1�'Yb(r�►y S'U Iar , DzD� )MO IaYMLIN, 19A Ili1.V MAY BE USED FOR DOWESTIC A ifn INTERNATIONAL MALL.ODE'S NOT PROI/IC FOR INSURANCE —POSTMASTER PS FORU M AY 1 1 976 3817 0 U.S.Government Printing OffICO:489-: M U.S.POSTAL SERVICE CEIR/TIFICATE OF IMAILING Affix Recei„ed Flom:1 Y.t rf l I 1 0 I/t I,! ( posepe and Ih;hl�is-I'vktlsh I,rl\\ O1-0llp- Ll.( POStmerk.lrpulrvof POSlmasfer for poste 170 11 Ona pies of inery mall add. to: IN' . D Lo H ArrlSb , r; , p�} I11"L MAY BE USED FOR ESnC AND INTERNATIONAL MAIL,DOES NOT PROVIDI FOR INSURANCE -P'OSTMASTRA PS FORM MAY 1978 1817 a U.S.Government Printing Office:489-2 >(n Ft (-1 ij U D ,_., n - = 3 U.S.POSTAL SERVICE qa- " ,) CERTIFICATE OF MAILING Wink rA go J:,I. � a � c) v m r o _. '-� m Receired From.Orl 1'j1+I '�,{�-��'j'D postage and O ultl �/` I ( �' fl ' 11 L,'1 I Postmark.Inquire or DC1111l;is-I yk0S Law 01-0111, 1. U Postmaster for posta- 1 - ' — -� > ?132 I\4111-kel Street m> Cramp I lilt- PA 17011 or l m One Piece of ordinary moil eddretsod to; p � D ",� y;►\L1I1mL; }I�,I C) ' umaldna C-� r m r o = -i-• i r larl1W, M lion 3 y MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVIDE r FOR INSURANCE -POSTMASTER T D PS FORM MAY 1976 3817 Or U.S.Government Printing Office:489-2 7 D g D Q x m $ YYY Q co ° m g a U.S.POSTAL SERVICE P, CERTIFICATE OFf IIMAILING Affix - Received From. `JI f f�(�l' {`,�} 11 1( (( Postage and ---G' VVV111 1 U 1 1 J 11Lthlcl:S-l'ykCiSh Law O1'0u)- I,I.0 Postmark.Inquire a _ Postmaster for post ( ru11p I IiII- PA 1701 1 l� On*Piece of ordinary mail add mted to: �C N. Ur I MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL"DOES NOT PROMO FOR INSURANCE -POSTMASTER PS FORM MAY 1976 3817 o U.S.Government Printing Office:489-' i U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: �•I postage and Dethlels-Pykttsh l_a\V Gmup- LL.(' for p of ?1�? J�larket Sl1'ecl Camp 1-1111. PA 17011 One piece of ordinary mail addrm9d to: _Ii n t Of i r7 I I c _0 r MAY BE USED FOR DOM C AND INTERNATIONAL MAIL,DOES NOT PROVIDI FOR INSURANCE —PCiSTMASTEA PS FORM 3817 a U.S.Government Printing Office:489 MAY 197E g Dto ra —� m (m n D a �j R 3 n Q \ D U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix o Tj Ro T S X D O Received From: postage and 10 3` _ m; DC1111cl:5-PykOSh 1,a\\' �_�rtlup. I.l.(.' PPoofatmaawforipposh �� o" �Z\ Om '7)1)2 N/lill'1�Ct �trcc1, D= s �� 3� Camp Hill.i PA 1701 1 !n D m oD ��. o� \ Z ,'One Piece of ordinary moll e� to — z mar fn1 ul�l�c WP1(n�e, A4 a0 1-l�Irri,SbII W l%A 11 ion .Si MAY BE USED FOR DO IC AND INTERNATIONAL MAIL,DOES NOT PROVID y FORINSURANCE 30STMASTER .0 co 0 .0 g 33 o MAY 01978 3817 o U.S.Government Printing Office:489 n -1 b g o� n to 0 8� N T .0 n m U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Roca.-d From: O CI Y r 0 i I'1 t."M postage and I } postmark.Inquire of Dethle s-Pykosh Law C.;roup. 1,1,C Postmaster for pOata 2 13 Market Strect Camp 1-1111, PA 1701 1 One piece of ordinery mail osad to: 't r�r11 C%r Iw° Ji f �I ( FA MAY BE USED FOR DOME TIC AND INTERNATIONAL MAIL, DOES NOT PROVIDI FORINSURANCE - STMASTER PS FORM MAY 1976 3817 'r U.S.Government Printing Office:489-2 U.S P05TAL SERVICE CERTIFICATE OF MAILING Affix Received From: postage and i0f)rz 2e /( N�Y!y/Cl'S postmark.Inquire of Postmaster for posit �► 3� ���z o� LSl- One piece of Adinary mail)eddrettad to: / �r 2 CO v 20 �Ohol a �JS�C F, /-)VC 1150 ; Tod MAY BE USED FOR-DOMG&TIC AND INTERNATIONAL MAIL,DOES NOT PROVID FORINSURANCE —POSTMASTYR PS FORM MAY 1976 3817 n U.S.Government Printing Office:489-`< DN Oy n IQ Ll (D S a C T N � qq m A N 3 m 0 U.S.POSTAL SERVICE o - 1y� M CERTIFICATE OF MAILING n Attlz C V)0" _ —y Received From postage and a mp 213 (f1gR sS r m c � ' 3< C9�v���lF p/1 /70f1 Z G O D m One piece of ordinary mail edrlrmaed ° z 6 C o C o , OC. 1 r 0 f ; >t S iz1 y I MAY BE USED MR DOMESTIC—A)41) INTERNATIONAL MAIL,OM NOT PROVIDI r. FOR INSURANCE —POSTMASTER 7 ± ppp PS FORM g MAY 1976 3817 o U.S.Government Printing Office:489-2 O GO n A g t, o Q N � A U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: postage and Poma o;i�'a : ste: t C grn�l y. �It Pg �70I f One piece of ordinary mail addressed to: F. ,'•} sprt:,5c �N 1700 . MAY BE USED FOR D ESTIC AND INTERNATIONAL MAIL,OM NOT PROVID FOR INSURANCE —POSTMASTIER PS FORM MAY 1976 3817 n U.S.Government Printing Office:489.: U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: postage and Deihlefs-Pykosh 1—1W Group- I_LC ?1 32Make( Strect C anlp 1-1111. PA 17011 9p,Piece of ordinary mel I awre rV p V wlllti�Im Careen "�c���. -b6i' t Koo, yi )21-eIr MAY BE USED FOR DOMESTIC ANO INTERN IONAL MAIL,OOU NOT PROVIDI FOR INSURANCE -POSTMASTER PS FORM MAY 1976 3817 n U.S.Government Printing Office:489-i V pT; D m m a � DrMn 4 U.S.POSTAL SERVICE g° �� 7� pi ' m CERTIFICATE OF MAILING affix mr — �s r--1 M D ,� \� -1 Received From:Wfi postage and O :z F)w^ post mark.Inquire of ry = Og° Dethlefs-Pykosh Law Group. 1-1-C Poatmesterforposter ru t m> 1 ;"' Market Street -4 °el Camp 1-1111, PA 17011 r v�� C D f<i One piece of ordinary moil addressed to: 0 IM(l1 f3u64 ('df'Y Il &I Am, :p(lo ' �. DV MAY BE USED FOR DOMESTI AND INTERNA ONAL MAIL. DOES NOT PROVIDE _ FORINSURANCE –POSTMASTER r n PS FORM MAY t976 3817 --'1 U.S.Government Printing Office:489-2 � p D m O O -7� m m n { u sa N (-11 14 N � A m _ U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From; �1i I Y��I ,it f +p I ( postage and Dethlefs-Pykosh Law Group. LLC _ PO*trttmrwforPoe Potfmafter for Dort 2132 Market Street _ Canlp 1-1111, PA 17011 One piece of ordinary mail addressed Cr l I .I nt; r(tm S P-1- i A I C MAY BE USED FOR OOMESTI AND FOR INSURANCE -POSTMASTER INTERNATI AL MAIL,DO[E NOT PROVIC PS FORM MAY 1976 3817 o U.S.Government Printing Office:489 U.S.POSTAL SERVICE CERTIFICATE ,vO-}FhMAILING Affix Received From:1'111 r�"�11 �/'` I.I I I'� �S Postage and l/U 1 po��nL Dethlels-Pykosh 1aw '01-1111). L _C Ina lro of Postal Market Street Camp 1-1111. PA 1701 1 One Piece of ordin"mail add fd:V BUT. all �QV of I c -N0 M J)U* Cj EA i--1, It's MAY BE USED FOR D• ESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURANCE -POSTMASTER PS FORM MAY 1976 3817 A U.S.Government Printing Office:489-2: <m _n< /1 1_, d 80 70 Z CD a[ MC o -� Iv 1)N . -- o m ZO -d "�' N 3 m V.S.POSTAL SERVICE m'a y_ 1� CERTIFICATE OF MAILING Affix ✓\ o "'r T O in Roceived From:`lrI 1 Postage and I _ D n v 'V1,4��P.II 1/ I t� j C S Postmark.Inquire of �° I)ethle'I:ti-PykOSh I_.a�,vCrroup, L,I�C P�t master for posti m n �a ' O n �I>2 /Itl1-ket �tllet d AX - o �. T mD �. A < '' sill}J 1-1111, PA 17011 c Z �, G7 3 n„ -��z-: m One Piece of ordin '" a�'}y�p }� f j�I m C J O D ery moll addretied to: DO r�t} I I�I I l I�I t 01 k e Y 1'1 1 tLl, O Z —� r �I IYtQ�, _5 Z R a C�Y�or �I i�an iax� S D =5 MAY BE USED FOR DO STIC AND INTERNATIONAL MAIL,DOES NOT PROMO m l0 FOR INSURANCE - TINASTER g x 0 $ w MAY 1979 3817 o U.S.Government Printing Office:489 O 33 o m m n 0 p g N 0 — 3O V.S.POSTAL SERVICE CERTIFICATE OF MAILING Alfix Received from: (' -j( C postage and v Y f I �i '�,! IJ Postmark.Inquire of Dethlefs-Pykosh 1,aN.v '01-0111), LLC Postmaster forpostt ? Market Street Cal„p 1-1111, PA 17011 1 One Piece of ordinary mail add 1 ,r '1 r / 7 .I ra.,adfd: n�Lr,1c� �;1;1F► o.i ui- t MAY BE USED F(fR DOMESTIC AN NTERNATIONAL MAIL,00”NOT PROVIDI FOR INSURANCE -POSTMASTER _ "PS:FORM MAY 1976 3817 n U.S.Government Printing Office:489-2 U.S.POSTAL SERVICE CERTIFICATE O"}FMAILING Affix Received From: ��(( r II �'� 1 I 1 11�S ���and,Ltl'`1 L postrrurk Inqulry of pcthlels-1')rkosh Lai\ Group- 1.1_C PosBnasterforpoeb 2132 Market Street Camp 11111- PA 1701 1 s Preca of ordinary mall ad iratsed to: 11 Ui`l'- u, 1iG111 )II Main ` U 10w MAY BE USED FOR DOM IC AND INTERNATIONAL MAIL,GOES NOT PROMO FORINSURANCE - 7MA5TlR \: PS FORM MAY 1978 3817 o U.S.Government Printing Office:489-: <N D D a (-) ('j m T < - ` I G 0 Zm n � (-D L' v� m _ LJ MN O T w Dm o (D o Z0 a. fy N 3 m U.S.POSTAL SERVICE A -' X b G' CERTIFICATE OF MAILING Affix -t tp 5=• 8 00 > a Received From. ���p I I l`g I^ ( Postage and C !J( t I J D O Postmark.Inquire of m i Dethlefs-Pykosh Law ( j-Okj), LLC Postmaster for poste N D -� �. fb �7 r 7 132 fr r"^ OH Market Stl•eet C A 0 . Camp 1-1111, PA 1701 1 in n t (LPL. C -— V:_5 O 'y D m One Piece of ordinary mail eddreued to: 1 --r-� r t, 0 D r D �. 1 F _C MAY BE USED FOR D� STIC AND INTERNATIONAL MAIL.DOES NOT PROVIDI FOR INSURANCE -POSTMASTER O ` :R ` D M FAY 1978 ORM 3817 0 U.S.Government Printing Office:489-2 s� Y X M m 0 C J fti c c T N ^' _ r^•• ra o- U.S.POSTAL SERVICE ° CERTIFICATE OF MAILING Affix Received From: �\ �!y postage and ' f `',�I U�•i!I I'L �.S postmark Inquire of DethleI,s-Pykosh Law Group 1.LC Postmaster forposta 2132 Market Street Camp 1-1111, PA 17011 One piece of ordinary mail eooretsad to: I,j 1 1 1 I l l.• I)I ill.� �/i Y� n. MAY BE USED FOR O ESTIC AND INTERNATIONAL MAIL,DOEa NOT PROVIDI FOR INSURANCE - TMASTER PS FORD MAY 1978 3817 o U.S.Government Printing Office:489-2 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Racei-o From: POsfege and Dcthlefs-Pykosh LaN-V Group. LI-C Postmark.lnquire of Poatmestar for poaU 132 Market Street Ca1111) 1-1111. 13A 17011 One Pace of ordinary moil rased t0: ' MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL.DOES NOT PROVID FOR INSURANCE —POSTMASTER PS FORM o MAY 1976 3817 U.S.Government Printing Office:489-: DN OD j o <pOr n1 r� IV r) 0 IQ ss� D N �-+-, fit m 2p C) J m T U.S.POSTAL SERVICE ,yt `G N 7" rte, T rCn CERTIFICATE 1,O�)F/1 M A/IL`I NG Affix D En D Posta ga and acev0 Fro--N° Y l ) Postmark.Inquire of o u fns Dethlefs-Pykosh La\•V GI.OL11), L,L,C Postmaster for posti Ore p n ?l,? Market Street 1 D m Camp 1-1111, PA 17011 L1 Z/ _� f One Piece of ordinary mail addressed to: a� 0 p t7' \ r - 3 � D _ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL.DOES NOT PROVID 7 � D FOR INSURANCE —POSTMASTER `O x PS FORM O o x MAY 1976 3817 o U.S.Government Printing Office:489 m z a m $ n g a N p 19 m A m U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Remi.en From: ���f(�a I� D t �1 (. postage and u I ` t' i j S poabnark InWire of DethlePs-Pykosh Law (;roue, LL,C Postmaster forpostl 132 Market Street Camp 1-1111, PA 17011 On Piece of ordin"E _ Y,lil 1i "(N. I Ic/l L�-1'1`31 I tl I ) i C `UST MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL.0065 NOT PROVID FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 t,U.S.Government Printing Office: 489-: U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix '\ Received From f 1 .� o Postage and G.f Delhlels-P kosh l_avw IlY it postmark.lnqulry of GI'OUp. LLC Postmaster for ooste 2132 Market Sti-cel Camp Bill, PA 17011 Glace ordinary i to: °Nr.).of tl ),I C Po I r 11033 MAY BE USEO F R DOMESTIC ANO INTERNATIONAL MAIL,DOES NOT PROVIDI FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 +'t U.S.Government Printing Office:4892 U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: postage and postmark hquim of Dethlefs-Pykosh Law Group. LLC 2132 Market Street Camp 1-1111, 111A 17011 1 e 1 33 MAY BE USED F R DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVID FOR IIV$U RANCE —POSTMASTER PS FOR MAY 11976 3817 o U.S.Government Printing Offlca:489•: U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix- Received From: Postage and Darrell C. Delhle1s, I:stluire .�,`.` postmark.Inquire of Dethlei's-Pykosh Poslmaster for posit 3133 Market >treet Calnp Hill. PA 17011 One niece of ordinary mail addrersod to: METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. 3801 Parton Street Harrisburg, Pennsylvania 17111 MAY BE UScu rUH UOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVID FOR INSURANCE —POSTMASTER PS FORM MAY 1976 3817 .J U.S.Government Printing Office:489: 7012 2920 0001 7853 98117 n; ° g rn m m moo; � o am n q; O!3; y 06 g= o U.S.POSTAL SERVICE ob ° o CERTIFICATE OF MAILING Affix D<. A� ReceivaS From: postage and a' c< �;'i' I)al"rell . Deddeis. I.:>quu"r I�i T •2 S.— n ° `a' ;,.1 postmark.Inquire o' m E DcthlcFs-PykoSh L1W Group- Ll-C PostmMiter tor ow • -112 Nlill"kct Street Ciunll Bill. PA 17011 One piece of ordinary mail addre to: 7z METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. �� - _ — _ • 3801 Paxton Street Harrisburg, Pennsylvania 17111 - _ MAY BE IAED FOR DOMEST11C AND INTERNATIONAL MAIL,DOES NOT PIRWO C��'. •\' r' FOR INSURANCE —I'OSTUASTtA �° !� • PS FORM .,� MAY 1076 3817 a U.S.Government Printing Office:489-: �T U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix Recaivd From I�c(hl^1� 1'.ti111111"L postage and U;lrrcll C. 1.1.L Pasant foriplMt 1)C(hlc!s-I')'kL,;il I.a�� (.mull. 2132 Markci sil-c., C:u1IP hill,Pry 170! One piece of ordinary mall add ned to: } METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. 3801 Paxton Street Harrisburg, Pennsylvania 17111 MAY BE U5EU FOR UUMW IC ANU INTERNAI IUNAL-A, tutu a0T PROVIO FOR INSURANCE —POSTMASTER MAY 1978 3817 °U.S.Government Printing Office:489 s •' • M nu co D I':1R.F:I B!JGaa l'A .. i.li, °�'n 70 M Ni+4R152`.;;', U-)Ln ' Postage $ co co 1-1 (� - .i.• r t, _ Certified Fee c P '.j ( r•;'i_ f f: Ccrtilir:d Fee ,` '" - J(,yosimark •t Retum Receipt Fee Postmark C3 Return Receipt Fee 5:i i,:Ji t W e ([ndorsentent Required) :' '_; - ore (Endorsemeni Required) i cC'riNb O -. 1 �W IlecI icled Ddivery FC:r, j Restricted Delivery Fee ;j i i II) 'V /// (fnrinrsemenl Required) (Gndorsemenl Required) rS� Q j\ (L rLl rJ.71. lit/y.17. ` i.:r Totall'osWge6 Fens Total Postage E Fees nj ru S011 To ----— --- Sent To Ili "-�' ...._.-_.p...._- � J SIrCCI,Apt.No.; RD �y O or 1'00 px A,0. M- S C erPOQoxNo. n- �..I L� _ l..V..l.l 1-- - n crl stale,zlP,..l I City,Stale,ZIPi4 ( 1 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F!LE0-0'F FiCf-- Sheriff O I HE PRO ,H ;1 f , � s�:�~v �r r$J�,i Jody S Smith Chief Deputy 22 'IF 1 A '. Richard W Stewart ` i !� Solicitor OF F10E OF THE SHERIFF v iJ M W E R L A i D C G UdU t y PENusYLVAWA Americhoice Federal Credit Union Case Number vs. Steve J. Yanek, Jr. (et al.) 2013-2203 SHERIFF'S RETURN OF SERVICE 06/27/2013 07:23 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 37 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: $1,431.34 SO ANSWERS, November 20, 2013 RbNr4Y R ANDERSON, SHERIFF ��-ao Per•�'� (c)CountySuite Sheriff,Teleosoft,Inc. 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, 37 East First Street, Boiling Springs, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 13, 2013 K N 0 By: ,. co _1 � F `.' Rea Estate Coor inator ,J m LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2013-2203 Civil Terre Book 715,Page 2737 and designated in the Third Amendment to the Decla- AMERICHOICE FEDERAL ration of Spring Court Condominium CREDIT UNION dated December 21,2006 recorded in VS. the Office of the Recorder of Deeds in STEVE J.YANEK,JR., and for Cumberland County in Mis- Edie J.Yanek cellaneous Book 733,Page 1470 and Atty.:Darrel C. Dethlefs the corresponding plots and Plans in Plan Book 92,Page 89 ("collectively, Premises Being 37 East First Street, the Declaration of Condominium"). Boiling Springs,Cumberland County, TOGETHER with an undivided in- Pennsylvania 17007. terest in common elements as more Seized and Sold as the property particularly set forth in the aforesaid of Steve J. Yanek, Jr. and Edie J. Third Amendment to Declaration of Yanekto satisfy a iudgment obtained Spring Court Condominium. byAmerichoice Federal Credit Union TOGETHER with the right to at Cumberland County, Pennsylva- use limited common elements ap- nia, Court of Common Pleas Docket plicable to the Unit being conveyed Number 13-2203—Civil Term. herein,pursuant to the Declaration LEGAL DESCRIPTION OF PROP- of Condominium and the Grantors ERTY TO BE SOLD 37 East First submitted the property to the provi- Street,Boiling Springs,Cumberland sions to the Pennsylvania Uniform County,Pennsylvania 17007. Condominium Act,as amended,and ALL THAT CERTAIN unit, being created Spring Court Condominium Unit No. 15 ("the Unit ") of Spring of which the above described Unit Court Condominium, located in is a part. Under and Subject to the South Middleton 'Township, Cum- Declaration of Condominium,rights berland County,Pennsylvania,which of way,-easements and agreements Unit is authorized in the Declaration recorded in the Recorder of Deeds treating and establishing Spring Office in and for Cumberland County, Court Condominium,dated October Pennsylvania and matters which a C rt C and recorded October 17, physical inspection and survey of the isc 1986 in the Office in the Recorder d and common elements would disclose. of Deeds in and for Cumberland BEING the same property as Steve County, Pennsylvania in Miscella- J.Yanek,Jr.by his deed dated Octo- neous Book 324, Page 775 and the ber 16, 2008 and recorded October Amendment of Declaration of Spring 21,2008 in the office of the Recorder Court Condominium dated July 29, of Deeds in and for Cumberland 1992 and recorded in the Office of County,Pennsylvania at Instrument the Recorder of Deeds in and for Number 200834550 did grant and Cumberland County,Pennsylvania in convey unto Steve J.Yanek,Jr. and Miscellaneous Book 424,Page 1140, Edie J.Yanek,husband and wife. 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 125 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 Coy , Editor SWORN TO AND SUBSCRIBED before me this 9 da y of Auizust, 2013 C2"� '�) 'y Notary ENOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLIYSLE OROUGH,CUMBERLAND COUNTY mission Expires Apr 28,2014 ") The Patriot-News Co. • 1900 Patriot Drive t4f atno ~ ews 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. ormerly of the Marietta M.Coovcr care, This ad ran on the date(s)shown below: 20 .2203 Clvll Term 07/28/13 AMERIC ICE FEDERAL C DIT UNION 08104/13 VS. STIEVE J.YANEK,JR. 08/11/13 Edle J Yanek Atty: Darrel C.Dethlefs . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises Being 37 East First Street,Boiling Springs, Cumberland County,Pennsylvania 17007 Sworn to d ubscribed be re met is a o u ust, 20 3 A.D. Seized and Sold as the property of Steve g J.Yanek,Jr.and Edie J.Yanekto satisfy a judgment obtained by Americhoice Federal Credit Union at Cumberland County, Pennsylvania, Court of Common Pleas ary t- unu Docket Number 13.2203 Civir Term , LEGAL DESCRIPTION OF PROPERTY TO BE SOLD 37 East First Street, Boiling Springs, COMMONWEAL ,OF PENNSYLVANIA Cumberland County,Pennsylvania 17007 ALLTHATCERTAIN unit,being Unit No.15 Notarial Seal Public ("the unit,,) fi )of S R ondominium, Holl y Lynn Warfel,Notary located in South Middleton `Township, Washington Twp.,Dauphin County Cumberland County, Pennsylvania, which My Commission Expires Dec.12,2016 _ MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES tntttuimopuoj unoD SuudS Su!gs!Igeisa puL 8upearl uopelgoa(l aql m pozuotime si 1!ufl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, 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 2203, at the suit of Americhoice Federal Credit Union against Steve J. Yanek Jr. and Edie J. Yanek is duly recorded as Instrument Number 201337485. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 0?0? day of A.D. )Q ,S Recorder of Deeds Recorder of Dee s, umberland County,Carlisle,PA JAY commission Expires the First Monday of Jan.2014