HomeMy WebLinkAbout13-4639 FAF1LES\C1ien1s\1 1470 Members] st\1 1470 CurrenAl 1470.254 Yanek\1 1470.254.G0m.comF1.wpd
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046 1
MARTSON LAW OFFICES Ci',Ji - 133 E R L A, D C 0 7 .. y
10 East High Street PENNSY'LW NIA'
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF
UNION, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
STEVE J. YANEK, JR., and NO. 2013 - CIVIL TERM
EDIE J. YANEK,
Defendants IN REM ACTION
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Promissory Note attached as Exhibit "A" to the
Complaint filed in the above-captioned case, we appear for Defendants Steve J. Yanek, Jr., and Edie
J. Yanek, and confess judgment in favor of Members lst Federal Credit Union against Steve J.
Yanek, Jr., and Edie J. Yanek as of July 23, 2013, as follows:
Principal $186,690.61
Late Fees $ 335.40
Interest (through 7/23/2013) $ 6,640.58
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 18,669.06
Total: $212,835.65*
*Plus interest per them at $30.69, along with additional costs and fees incurred, until
paid in full.
Respectfully submitted:
MARTSON LAW OFFICES
By: '�4 C ; /?—
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
F/0 10 East High Street
4 Carlisle, PA 17013
(717) 243-3341 44 '60 pow -
e
9 �/'/P/
- r r-.
Christopher E. Rice, Esquire �' l
Attorney I.D. No. 90916 Lf, G[ [1�` .V
Attorney I.D. No. 203046
Seth T. Mosebey, Esquire PENNSY
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
V.
: NO. 2013 - /.�� 3 9' CIVIL TERM
STEVE J. YANEK, JR., and I
EDIE J. YANEK,
Defendants : IN REM ACTION
COMPLAINT FOR CONFESSION OF JUDGMENT
Members 1 S` Federal Credit Union, by and through its undersigned counsel, hereby files this
Complaint for Confession of Judgment pursuant to Pa. R.C.P. Rule 2951 et seq., and in support
thereof, avers the following:
1. Plaintiff, Members 1st Federal Credit Union, ( "Plaintiff') is a federally chartered
credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055.
2. Defendants Steve J. Yanek, Jr., and Edie J. Yanek are adult individuals with a last
known address of 8 South Ridge Road, Boiling Springs, Pennsylvania 17007.
3. On November 16, 2011, Defendants executed various loan documents, including a
Promissory Note ( "Note ") in the principal amount of $186,400.00, in favor of Plaintiff and, among
other things, agreed to make 83 monthly payments of $1,118.03 and one irregular payment of
$168,224.54 in satisfaction of the principal balance. A true and correct copy of the Note is attached
hereto and incorporated herein as Exhibit "A."
4. In consideration for the Note, Defendant Steve J. Yanek, Jr., executed a Mortgage in
favor of Plaintiff encumbering the real property located at 27 East First Street, Boiling Springs,
Pennsylvania. A true and correct copy of the Mortgage is attached hereto as Exhibit `B" and is
incorporated herein by reference.
5. Defendants have defaulted under the Note, by and including, but not limited to,
allowing a material adverse change in their financial condition, and failing to make payments as
required under the Note (collectively the "Events of Default ").
6. The Note provides that Plaintiff, after any of the Events of Default have occurred,
may confess judgment against Defendants for all sums due and owing thereunder.
7. The total sum due and owing under the Note as of July 23, 2013, is itemized as
follows:
Principal $186,690.61
Late Fees $ 335.40
Interest (through 7/23/2013) $ 6,640.58
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 18,669.06
Total: $212,835.65*
*Plus interest per diem at $30.69, along with additional costs and fees incurred, until
paid in full.
8. All conditions precedent have been satisfied to allow Plaintiff to confess judgment
against Defendants under the Note, including obtaining authority to lift the automatic stay imposed
by the Defendants' bankruptcy filing. A true and correct copy of the Order dated July 10, 2013,
lifting the automatic stay is attached hereto and incorporated herein as Exhibit "C."
9. Due to the nature of the Order granting relief from the automatic stay, Plaintiff is
proceeding in rem only and is not proceeding personally against Defendants.
10. Judgment has not been confessed against Defendants in any other jurisdiction under
the Note.
11. Plaintiff is the holder of the Note.
12. The Note was executed and delivered in connection with a commercial transaction,
and judgment is not being entered by confession against a natural person in connection with a
consumer credit transaction.
13. The Note has not been assigned.
WHEREFORE, Members I" Federal Credit Union requests that this Court enter judgment
by confession against Steve J. Yanek, Jr., and Edie J. Yanek in the amount of $212,835.65, along
with interest accruing at the per diem rate of $30.69, and additional fees and costs as prayed for in
the Complaint.
Respectfully submitted,
MARTSON LAW OFFICES
By: C Z S 2
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Date: ®� _ �3 Attorneys for Plaintiff
EXHIBIT "A"
PROMISSORY NOTE
.�(I: C.
JUN
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing " • * ^ has been omitted due to text length limitations.
Borrower: Edie J. Yanek Lender: Members 1st Federal Credit Union
Steve J. Yanek, Jr. ATTN: Business Lending
8 South Ridge Rd. 5000 Louise Drive
Boiling Springs, PA 17007 Mechanicsburg, PA 17055
Principal Amount: $186,400.00 Interest Rate: 6.000% Date of Note: November 16, 2011
PROMISE TO PAY. Edie J. Yanek; and Steve J. Yanek, Jr. ( "Borrower ") jointly and severally promise to pay to Members list Federal Credit
Union ( "Lender "), or order, in lawful money of the United States of America, the principal amount of One Hundred Eighty -six Thousand Four
Hundred & 00/100 Dollars ($186,400.00), together with interest on the unpaid principal balance from November 16, 2011, calculated as
described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 6.000% par annum, until paid in full. The interest
rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section.
PAYMENT. Borrower will pay this loan in 83 regular payments of $1,118.03 each and one irregular last payment estimated at $168,224.54.
Borrower's first payment is due December 16, 2011, and all subsequent payments are due on the same day of each month after that.
Borrower's final payment will be due on November 16, 2018, and will be for all principal and all accrued interest not yet paid. Payments include
principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs; then
to any late charges; then to any accrued unpaid interest; and then to principal. Borrower will pay Lender at Lender's address shown above or at
such other place as Lender may designate in writing.
MAXIMUM INTEREST RATE. Under no circumstances will the interest rate on this Note exceed (except for any higher default rate shown
below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. -- . -- _-
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the
interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the
principal balance is outstanding. All interest payable under this Note is computed using this method.
PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender is
entitled to a minimum interest charge of $1.00. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay
without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal
balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full ",
"without recourse ", or similar language. If Borrower sends such a payment, Lender may accept it without. losing any of Lender's rights under
this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed
amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or
that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Members 1 st
Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled
payment or $25.00, whichever is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased to
15.000% per annum ( "Default Rate "). If judgment is entered in connection with this Note, interest will continue to accrue after the date of
judgment at the Default Rate. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law.
DEFAULT. Each of the following shall constitute an event of default ( "Event of Default ") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in
any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement
between Lender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or
sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false
or misleading at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency
of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan.
This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall
not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or
forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or
a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate
reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
4 ,
PROMISSORY NOTE
1 -oan No:11100MAL„ (Continued) Page 2
Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the
same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to
Borrower demanding cure of such default: (1) cures the default within thirty (30) days; or (2) if the cure requires more than thirty (30)
days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay
Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses,
whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to
all other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender
or Borrower against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the
Commonwealth of Pennsylvania.
CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of Pennsylvania.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or
preauthorized charge with which Borrower pays is later dishonored.
STATUTORY LIEN. Borrower agrees that all loan advances under this Note are secured by all shares and deposits in all joint and individual
accounts Borrower has with Lender now and the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the
balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shares and deposits in an
Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not
subject to the security interest Borrower has given in Borrower's shares and deposits.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
(A) a Mortgage dated November 16, 2011, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
MEMBERSHIP REQUIREMENTS. All borrowers and Guarantors must maintain a membership with the Credit Union in good standing for the life of
the loan.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Borrower may notify Lender if Lender
reports any inaccurate information about Borrower's account(s) to a consumer reporting agency. Borrower's written notice describing the
specific inaccuracy(ies) should be sent to Lender at the following address: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg,
PA 17050.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice
to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend
additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms
of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate,
fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the
order or manner of sale thereof, including without limitation, any non - judicial sale permitted by the terms of the controlling security agreements,
as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties,
endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of
payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs,
guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for
any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in
the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree
that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The
obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect
the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT
AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND
ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 00 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR
MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL
BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE
EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN
FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A
HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER
SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PROMISSORY NOTE
Loan : (Continued)
Page 3
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH BORROWER
AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
Edie J. anek Steve J. ane , {Seal)
LENDER:
MEMBERS 1ST FEDERAL CREDIT UNION
�riudigner
LASER NO V.. 6.67.00.009 C.P. H.1-d Fm..W SOW,I ., Ina. 1997, 2011. M Rots R',—d, . PA CACOMMERCIAL1CFhLPL1020.FC TA-2800 PIL -6
EXHIBIT "B"
Vk
Parcel Identification
Number:
40 -29- 2482- 079..0 10
RECORDATION
REQUESTED BY:
Members 1st Federal 003GHO
Credit Union
ATTN: Business Lending
5000 Louise Drive
Mechanicsburg, PA 17055
WHEN RECORDED MAIL
TO:
Members 1st Federal
Credit Union
ATTN: Business Lending
5000 Louise Drive
Mechanicsburg, PA 17055
SEND TAX NOTICES TO:
Members 1st Federal
Credit Union
ATTN: Business Lending
5000 Louise Drive
Mechanicsbur PA 17055
FOR RECORDER'S USE ONLY
MORTGAGE
MAXIMUM LIEN. This Mortgage shall secure unpaid loan advances made after this Mortgag e is
recorded. The unpaid principal balance of advances exclusive of interest and other extensions of
credit secured by the Mortgage made for the payment of taxes, assessments, maintenance
charges, insurance premiums and costs incurred for the protection of the mortgaged premises
shall not exceed at any one time $186,400.00.
Amount Secured Hereby: $1.86,400.00
THIS MORTGAGE dated November 16, 2011, is made and executed between Steve J. Yanek,
Jr. (referred to below as "Grantor ") and Members 1st Federal Credit Union, whose address is
ATTN: Business tending, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as
"Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant and
remainders with respect thereto; all water, water rights, watercourses and d tch r ghts (inc uding stock in utilit es s w with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Cumberland
County, Commonwealth of Pennsylvania:
See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as if
fully set forth herein.
The Real Property or its address is commonly known as 27 E. First St., Boiling Springs, PA
17007. The Real Property parcel identification number is 40 -29 - 2482- 079. -U 10.
CR OSS - COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus
interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender
against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or
unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect,
determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be
liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
MORTGAGE
(Continued) Page 2
whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and
whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE IN TIME ORIGINAL PRINCIPAL AMOUNT OF $186,400.00, THE
RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency"
law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for
deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
or completion of any foreclosure action, either judicially or by exercise of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at
Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into
this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a
default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law,
regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from
Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to
Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all
Borrower's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's
possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may
control of the Property; (2) use, operate or manage the Property; and (3) collect th (1) remain in possession and
e Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
-generation, manufacture, storage, treatment, disposal, .release or threatened release -of any Hazardous Substance
on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's
purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or
to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage,
disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether
or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage,
including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in
the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
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stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any
such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety
bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments
not due as further specified in the Right to Contest paragraph.
- flight to Contest. - Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed,
within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could
accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and
shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an
additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
other lien could be asserted on account of the work, services, or materials and the cost exceeds $5,000.00.
Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can
and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
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Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such
coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business
interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and
in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage
from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of
thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure
to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of
Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the
Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a
special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full
unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy
limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the
estimated cost of repair or replacement exceeds $5,000.00. Lender may make proof of loss if Grantor fails to do
so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the
Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender
elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed
Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay
or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default
under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which
Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing
to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the
principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such
proceeds shall be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in
the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but
not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under
this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action
that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring,
maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then
bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on
demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of
the Note.; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage
also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which
Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any
mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any
title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection
with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to
Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of governmental authorities.
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Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in
this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall
remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the
net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating,
to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the
Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses
incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower
which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a
specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available
remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes
delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender
cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage
in the real property records, Lender may, at any time and without further authorization from Grantor, file executed
counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and
make it available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform
Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
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other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the
Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on
the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to
the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the
matters referred to in this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender
may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or
desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all
the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable
satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing
Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this
Mortgage:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or
condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term,
obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor.
Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit,
security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person
that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the
Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any
of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor
or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any
material respect, either now or at the time made or furnished or becomes false or misleading at any time
thereafter.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect
(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and
for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of
a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
Borrower or Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
proceeding, self -help, repossession or any other method, by any creditor of Borrower or Grantor or by any
governmental agency against any property securing the Indebtedness. This includes a garnishment of any of
Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall
not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim
which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of
the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the
dispute.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between
Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without
limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender,
whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
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Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice
of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if
Grantor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default
within thirty (30) days; or (2) if the cure requires more than thirty (30) days, immediately initiates steps which
Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,
at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the
Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due
and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance
of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees
directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse
instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the
proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the
obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender
may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the
receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right
to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
Property.
Possession of the Property. - For the purpose of procuring possession of the Property, Grantor hereby authorizes
end empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney
for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent
court an amicable action in ejectment for possession of the Property and to appear for and confess judgment
against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of
possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage
verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith,
without any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Property by non - judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to
Lender after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided
above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor,
Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's
option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately
upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available
at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all
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right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any
part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any
public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after
Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing
under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to
Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed
directly against Grantor and /or Borrower and /or against any other co- maker, guarantor, surety or endorser and /or to
proceed against any other collateral directly or indirectly securing the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and
Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including
foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by
applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited
in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may
change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that
the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender
informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than
one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: -
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and
agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this
Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or
bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to
Lender, upon request, a certified statement of net operating income received from the Property during Grantor's
previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
receipts from the Property less all cash expenditures made in connection with the operation of the Property.
Arbitration. Borrower and Grantor and Lender agree that all disputes, claims and controversies between them
whether individual, joint, or class in nature, arising from this Mortgage or otherwise, including without limitation
contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in
effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Property shall
constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes,
without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any
deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights
relating to personal property, including taking or disposing of such property with or without judicial process
pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the
lawfulness or reasonableness of any act, or exercise of any right, concerning any Property, including any claim to
rescind, reform, or otherwise modify any agreement relating to the Property, shall also be arbitrated, provided
however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment
upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this
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(Continued) Page 9
Mortgage shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute
of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action
brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration
proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall
apply to the construction, interpretation, and enforcement of this arbitration provision.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not
preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law
provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
courts of Cumberland County, Commonwealth of Pennsylvania.
Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several,
and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each
and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such
waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall
not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or
any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and
Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by
Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or
unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or
unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other
provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. - Time is of the essence in the performance of this Mortgage.
Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or
counterclaim brought by any party against any other party.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
money of the United States of America. Words and terms used in the singular shall include the plural, and the plural
shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall
have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Edie J. Yanek; and Steve J. Yanek, Jr, and includes all co- signers and
co- makers signing the Note and all their successors and assigns.
Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default ".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the
MORTGAGE
(Continued) Page 10
events of default section of this Mortgage.
Grantor. The word "Grantor" means Steve J. Yanek, Jr..
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
petroleum by- products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without
limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross - Collateralization provision
of this Mortgage.
Lender. The word "Lender" means Members 1 st Federal Credit Union, its successors and assigns.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated November 16, 2011, in the original principal
amount of $186,400.00 from Borrower to Lender, together with all renewals of, extensions of, modifications
of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
the Note is November 16, 2018.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property;
together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this
Mortgage. _
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived from the Property.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES
TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
X. <(Seal)
eve J a Jr.
MORTGAGE
(Continued) Page 11
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Members 1st Federal Credit Uniori, hher in is as follows:
ATTN: Business Lending, 5000 Louise Drive, Mechanicsburg, PA 17055
i
/
Attorney gent ortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONW L •H OF PENNSYLVANIA
)SS
COUNTY 0 1 )
t is, the C" day of / Y 20 before me
he undersigned Not ry Public, personally appeared S�. Yanek, Jr., known
t for satrs a rily p an to b he person whose name is subsc ' to the within ins ment, and acknowledged
that h or she executed the sam or the purposes therein contai
In witness whereof, I hereunto set my hand and official s I.
NOTARIAL SEAL
RENF.,F L. NAURR AY, NotwyPublic Notary Public in and for the t e of
Carlisle Horo. (_'un;berland County, PA
My Commis.i,w Expires Dec. 13.2013
LASER PRO Lending, Ver. 5.57.00.004 Copr. Harland Financial Solutions, Inc. 1997 2011. All Rights Reserved.
PA C:\COMMERCIAL \CFI \LPL \G03.FC TR -2800 PR -6
r
I
r
r
Exhibit A
ALL THAT CERTAIN unit, being Unit No. 10 ( "the Unit ") of Spring Court
Condominium, located in South Middleton Township, Cumberland County,
Pennsylvania, which Unit is authorized in the Declaration creating and establishing
Spring Court Condominium, dated October 1, 1986 and recorded October 17, 1986
in the Office in the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Miscellaneous Book 324, Page 775 and the Amendment of Declaration of Spring
Court Condominium dated July 29,1992 and recorded in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 424,
Page 1140, and 2nd Amendment to the Declaration creating and establishing Spring
Court Condominium dated February 28, 2005 and recorded March 1, 2005 in
Miscellaneous Book 715, Page 2721 and the Assignment of Special Declarant Rights,
Unit 7 -17, inclusive, Spring Court Condominium, dated February 28, 2005 and
recorded March 1, 2005 in Miscellaneous Book 715, Page 2737 and designated in the
Third Amendment to the Declaration of Spring Court Condominium dated
December 21, 2006 recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Miscellaneous Book 733, Page 1470 and the corresponding
plots and Plans in Plan Book 92, Page 89 ( "collectively, the Declaration of
Condominium ").
TOGETHER with an undivided interest in common elements as more particularly
set forth in the aforesaid Third Amendment to Declaration of Spring Court
Condominium.
TOGETHER with the right to use limited common elements applicable to the Unit
being conveyed herein, pursuant to the Declaration of Condominium and the
Grantors submitted the property to the provisions to the Pennsylvania Uniform
Condominium Act, as amended, and created Spring Court Condominium of which
the above described Unit is a part. Under and Subject to the Declaration of
Condominium, rights of way, easements and agreements recorded in the Recorder
of Deeds Office in and for Cumberland County, Pennsylvania and matters which a
physical inspection and survey of the Unit and common elements would disclose.
BEING part of the same premises which were the subject of an action of quiet title
filed by Spring Court Condominium Association, Inc., against Keith E. Peifer and
Saundra M. Peifer docket number 99 -5201 in the Court of Common Pleas
Cumberland County, Pennsylvania, upon which default judgment was entered in
favor of Spring Court Condominium, Inc. on November 17,1999.
ALSO BEING part of the same premises which were the subject of an Assignment
of Special Declarant Rights Unit 7 -17, inclusive Spring Court Condominium dated
February 28, 2005 recorded March 1, 2005 in Misc. Book 705, Page 2737, granted
and conveyed unto Yanek Custom Homes, Inc., a Pennsylvania corporation.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013 a
717 - 240 -6370
Instrument Number - 201132269
Recorded On 11/21/2011 At 9:53:41 AM * Total Pages - 13
* Instrument Type - MORTGAGE
Invoice Number - 97112 User ID - MSW
* Mortgagor - YANEK, STEVE J JR
* Mortgagee - MEMBERS 1ST FEDERAL CR UN
* Customer - ABSTRACT CO
* FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES - $27.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00 This page is now part
FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $78.00
I Certify this to be recorded
in Cumberland County PA
o fou
9
0 o
RECORDER O 7EDS
r�so
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
003GHO
IIIIIIIIIIIIII IIIIIIIIIIIII
EXHIBIT "C"
)
UNITED STATES BANKRUPTCY COURT
F0R?0E MIDDLE DISI.R1uTOFPENNSYLVANIA
DyKE': ) Chapter
)
8T2VS].YAM£Kand ) Case No. }:|3-bk-01420-KN0
FDU�J.YANbK. )
)
Debtors )
.MEMBERS }"T FEDERAL CREDIT )
UNION, )
M.ovuot )
V. )
)
STEVE J. yANB{uud )
8Dl£IY&NEK, )
Respondents )
ORDER
Upon consideration of flic Motion for Relief from the Automatic Stay filed by Members I"
Federal Credit Union, itiy hereby OKDGKBD, ADJUDGED and DBCK8Gl).that the Motion is
granted and that. the'liLit0matic stay be and here is terminated as it affects the interest of Members
I" P'ederal Credit Union in and to the Real Property of Debtors as identi Fied in said Motion; and
further, that Members l" Federal Credit Union may pursue any and all state, law rights and remedies
regarding the Real Property, including but not lirnited to a foreclosure action or acceptance of a deed
in lieu.
]0y the Court,
Robert w.op/.o.on.x�mvrwuun
Oahad:Ju|y1O.2O13 wn
Caae1:l3'bkO142O'RNO Doc 41 Filed 07/10/13 Entered O7/11U.313:2255 Deau
Main Document Page 1of1
VERIFICATION
I, Laura Hoke, Business Collection Specialist for Members I" Federal Credit Union,
acknowledge I have the authority to execute this Verification on behalf of Members 1" Federal
Credit Union and certify that the foregoing Complaint for Confession of Judgment is based upon
information which has been gathered by my counsel in the preparation of the lawsuit. The language
of this document is that of counsel and not my own. I have read the document and to the extent the
Complaint for Confession of Judgment is based upon information which I have given to my counsel,
it is true and correct to the best of my knowledge, information and belief. To the extent the content
of the Complaint for Confession of Judgment is that of counsel, I have relied upon counsel in
making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
MEMBERS 1 ST FEDERAL CREDIT UNION
By: A'��L Y&
Laura Hoke, Business Collection Specialist
FAFTLES \Clients \I 1470 Members Ist \I 1470 Current \I 1470.254 Ymek \11470.254.com.confl,wpd
Christopher E. Rice, Esquire HAE P P M TH O N I OT� ' � O "- " l
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire 20'I3 AU _ PM 12: 3 8
Attorney I.D. No. 203046
MARTSON LAW OFFICES CU11BE tit AND COL ' TY
10 East High Street PENNSYLVANIA
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
:NO. 2013 - dA 3y CIVIL TERM
STEVE J. YANEK, JR., and ;
EDIE J. YANEK, ;
Defendants : IN REM ACTION
NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION
REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2000)
To: Defendants
PURSUANT TO 42 PA. C.S.A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTLY
IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU,
YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS
DETERMINED BY THE COURT.
INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED
JUDGMENT ARE SET FORTH BELOW:
Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment
(a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in
subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other county
in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only:
(i) in support of a further request for a stay of execution where the court has not
stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can
demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be
denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and
may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file
an answer on or before the return of the rule. The return day of the rule shall be fixed by the court
by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions,
admissions and other evidence. The court for cause shown may stay proceedings on the petition
insofar as it seeks to open the judgment pending disposition of the application to strike off the
judgment. If evidence is produced which in a jury trial would require the issues to be submitted to
the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings
to strike off or open the judgment are pending.
(g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a
debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to
strike a judgment or regarding any rights available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of
subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments
entered on or after the effective date.
r r
You may have other rights available to you other than as set forth in this notice. 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
34 South Bedford Street
Carlisle, PA 17013
(717) 249 -3166
Christopher E. Rice Esquir e
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046 Pff f2
MARTSON LAW OFFICES :.11IBER AN `
10 East High Street PENNs YL A J
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
STEVE J. YANEK, JR., and : NO. 2013 -� �� CIVIL TERM
EDIE J. YANEK,
Defendants : IN REM ACTION
CERTIFICATE OF RESIDENCE
We hereby certify that the last known addresses of the Defendants are:
Steve J. Yanek, Jr.
8 South Ridge Road
Boiling Springs, PA 17007
Edie J. Yanek
8 South Ridge Road
Boiling Springs, PA 17007
The address of Plaintiff is: 5000 Louise Drive, Mechanicsburg, PA 17055
MARTSON LAW OFFICES
By:
Christopher E. Rice, Esquire
Date: , / Seth T. Mosebey, Esquire
l� ' Attorneys for Plaintiff
Christopher E. Rice, Esquire L 0
Attorney I.D. No. 90916 Fir 0 T H'31
Seth T. Mosebey, Esquire L 13 AUG _ 7 PM 12: 38-
Attorney I.D. No. 203046
MARTSON LAW OFFICES iJMBEPLAN D CU — Ujr y
10 East High Street PENNSYLVANIA
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 2013 -� CIVIL TERM
STEVE J. YANEK, JR., and
EDIE J. YANEK,
Defendants : IN REM ACTION
AFFIDAVIT
I, Christopher E. Rice, Esquire, attorney for Plaintiff, hereby certify, that to the best of my
knowledge, that the Confession of Judgment for Money attached is not being entered against a
natural person in connection with a consumer credit transaction.
Christopher E. Rice, Esquire
Sworn to and subsc ibed
before me this dM day of 2013.
v�
f l , G J
Not ry ublic COMMONWEALTH OF PEN NSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
Carlisle Boro, Cumberland County
COmmlSSion Expires Aug. 18, 2015
M Mt{ bAHIA AS WATION OF NOTARIES
Christopher E. Rice, Esquires r. u
�1r w ��tfJ�;if j! it'•;
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire ! 3 A _ �
Attorney I.D. No. 203046 Pr 12 ' uo
MARTSON LAW OFFICES �ItE_f;D CJ % = ;awl
10 East High Street PENNSYLVANJ+ i
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 2013 - q� 3� CIVIL TERM
STEVE J. YANEK, JR., and ;
EDIE J. YANEK, ;
Defendants : IN REM ACTION
AFFIDAVIT AS TO MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND :SS. )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
has authority to make this affidavit on behalf of his client, and to the best of his knowledge,
information and belief, the Defendants Steve J. Yanek, Jr., and Edie J. Yanek are not in the military
service of the United States of America, that he has knowledge that Steve J. Yanek, Jr., and Edie J.
Yanek reside at 8 South Ridge Road, Boiling Springs, Pennsylvania.
Christopher E. Rice, Esquire
Sworn to and subscribed before me
this JAV_ day of � 2013.
No ry ublic
CoMhgONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
carlisle Boro, cumberiand county
My commission Expires Aug. 18, 2015
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
S
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
:NO. 2013 - CIVIL TERM
STEVE J. YANEK, JR., and
EDIE J. YANEK,
Defendants : IN REM ACTION
NOTICE OF ENTRY OF JUDGMENT
PURSUANT TO PA. R.C.P. NO 236
To: Steve J. Yanek, Jr.
8 South Ridge Road
Boiling Springs, PA 17007
You are hereby notified that on 4t, _ - 7. .2013 , judgment by confession was
entered against you in the above - captioned case in favor of Members 1 S` Federal Credit Union as
follows:
Principal $186,690.61
Late Fees $ 335.40
Interest (through 7/23/2013) $ 6,640.58
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 18,669.06
Total: $212,835.65*
*Plus interest per diem at $30.69, along with additional costs and fees incurred, until
paid in full.
Date: _ 7. _W/,3 �
Prothonotary
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
STEVE J. YANEK, JR., and :NO. 2013 - 1Q"3 c, CIVIL TERM
EDIE J. YANEK,
Defendants : IN REM ACTION
NOTICE OF ENTRY OF JUDGMENT
PURSUANT TO PA. R.C.P. NO. 236
To: Edie J. Yanek
8 South Ridge Road
Boiling Springs, PA 17007
You are hereby notified that on '7 �O /� , judgment by confession was
entered against you in the above - captioned case in favor of Members 1st Federal Credit Union as
follows:
Principal $186,690.61
Late Fees $ 335.40
Interest (through 7/23/2013) $ 6,640.58
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 18 669.06
Total: $212,835.65*
*Plus interest per diem at $30.69, along wi addit' al c nd fees incurred, until
paid in full. i
Date:
. 7 aD /3 q
Prothonotary
f
E-1 r
0-ofICj:
FAFILES\C1ients\11470 Members 1st\I 1470 Current\I 1470.254 Yanek\11470.254.pral.wpd ' THE P RO T�j 014 0 {A i',f
Christopher E. Rice, Esquire 2013 SEP -3 AM 14: 21
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire CUMBERLAND COUNTY
Attorney I.D. No. 203046 PENNSYLVANIA
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 2013 - 4639 CIVIL TERM
STEVE J. YANEK, JR., and
EDIE J. YANEK,
Defendants
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Steve J. Yanek, Jr., Defendant; and
(3) execute against real property known as 27 East First Street, Boiling Springs,
Cumberland County, Pennsylvania, owned by Defendant Steve J. Yanek, Jr., and identified on
Exhibit "A" attached hereto.
Principal Balance: $186,690.61
Late Fees $ 335.40
Interest past due as of July 23, 2013: $ 6,640.58
Interest accruing at $30.69 per day from July 23, 2013: $
Court Costs and Fees: $
Attorney's Fees: $ 18,669.06
Total Due:
� �v P
g ys� Pj- 2y a
* To be determined by the Cumberland County Sheriff.
I certify that:
(a) This Praecipe is based upon a judgment by confession; and
(b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real
property pursuant to Rule 2958.2.
MARTSON LAW OFFICES
By: ,tee'__
Christopher E. Rice, Esquire
I.D. No. 90916
Seth T. Mosebey, Esquire
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: 7/`3//3 Attorneys for Plaintiff
EXHIBIT "A"
DOCKET NO. 2013 - 4639
Tax Parcel No. 40-29-2482-079-U10
ALL THAT CERTAIN unit,being Unit No. 10("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 of 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 2"d 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 of 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.
TO BE SOLD AS THE PROPERTY OF STEVE J. YANEK, JR.AND EDIE J. YANEK ON
JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
Christopher E. Rice, Esquire E PR�d'I�CAIC �������
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire i13$
Attorney I.D. No. 203046 AM 1 f. 2 7
MARTSON LAW OFFICES CUMBERLAND COUNTY
10 East High Street PENNSYLVANIA
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 11T FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 2013 - 4639 CIVIL TERM
STEVE J. YANEK, JR., and
EDIE J. YANEK,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1"Federal Credit Union, Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed,the following information concerning the real property
located at 27 East First Street, Boiling Springs, Cumberland County, Pennsylvania, and as further
described in Exhibit"A" attached hereto:
1. Name and address of owner(s) or reputed owner(s):
Steve J. Yanek, Jr.
8 South Ridge Road
Boiling Springs, PA 17007
Edie J. Yanek
8 South Ridge Road
Boiling Springs, PA 17007
2. Name and address of defendant(s) in the judgment:
Steve J. Yanek, Jr.
8 South Ridge Road
Boiling Springs, PA 17007
Edie J. Yanek
8 South Ridge Road
Boiling Springs, PA 17007
Y
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Members 1St Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
Metro Bank
3801 Paxton Street
Harrisburg, PA 17111
Metro Bank
c/o Scott A. Dietterick, Esquire
James, Smith, Dietterick& Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Americhoice Federal Credit Union
20 Sporting Green Drive
Mechanicsburg, PA 17050
Americhoice Federal Credit Union
c/o Darrell C. Dethlefs, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
Nationstar Mortgage, LLC
350 Highland Drive
Lewisville, TX 75067
Nationstar Mortgage, LLC
c/o Melissa J. Cantwell, Esquire
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
4. Name and address of the last recorded holder of every mortgage of record:
Members 1St Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the
property:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Old Courthouse, Room 106
Carlisle, PA 17013
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:
Spring Court Condominium Association, Inc.
17 East First Avenue
Boiling Springs, PA 17007
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:
Patrick Frye
27 East 1 S` Street
Boiling Springs, PA 17007
Yanek Custom Homes, Inc.
8 South Ridge Street
Boiling Springs, PA 17007
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
MARTSON LAW OFFICES
Date: By: C�.4 S—
/Z_
3
Christopher E. Rice, Esquire
EXHIBIT "A"
DOCKET NO. 2013 - 4639
Tax Parcel No. 40-29-2482-079-U10
ALL THAT CERTAIN unit,being Unit No. 10("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 of 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 2°d 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 of 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.
TO BE SOLD AS THE PROPERTY OF STEVE J. YANEK, JR.AND EDIE J. YANEK ON
JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
w
Christopher E. Rice, Esquire OF THE{��`�-OFFICE
PF;GT�f�,'�u�t�i `;
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire 2013 SEP —3 AM If.
Attorney I.D. No. 203046 ��
MARTSON LAW OFFICES CUMBERLAND COUN'TY
PENNSYLVANIA
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 11T FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 2013 - 4639 CIVIL TERM
STEVE J. YANEK, JR., and
EDIE J. YANEK,
Defendants
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE that the Sheriff's Sale of Real Property will be held on December 4,2013,
by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property,together with a brief mention
of the buildings and any other major improvements erected on the land (SEE LEGAL
DESCRIPTION ATTACHED HERETO).
THE LOCATION of the property to be sold is 27 East First Street, Boiling Springs,
Pennsylvania 17007.
THE JUDGMENT under or pursuant to which the property is being sold is docketed to:
No. 2013-4639, Cumberland County C.C.P., Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY IS Steve
J. Yanek, Jr., and Edie J. Yanek.
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty(30)days after the sale, and distribution of the
proceeds of the sale in accordance with this schedule will, in fact,be made unless someone objects
by filing exceptions to it within ten(10)days of the date it is filed. Information about the Schedule
of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County
Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment
against you or because the sale of real property described herein may affect an interest you have in
the real property. It may cause your property to be held,sold or taken to pay the Judgment. You may
have legal rights to prevent your property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Cumberland County Bar Association
34 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MARTSON LAW OFFICES
By: r /?------
Christopher E. Rice, Esquire
I.D. 90916
Seth T. Mosebey, Esquire
I.D. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: l r -�,3 Attorneys for Plaintiff
EXHIBIT "A"
DOCKET NO. 2013 - 4639
Tax Parcel No. 40-29-2482-079-U10
ALL THAT CERTAIN unit,being Unit No. 10("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 of 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 of 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.
TO BE SOLD AS THE PROPERTY OF STEVE J. YANEK, JR.AND EDIE J. YANEK ON
JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
T E' A�
LL.v
Christopher E. Rice, Esquire , ° f;I Pf?o
Attorney I.D.No. 90916 2013 SEP _3
Seth T. Mosebey, Esquire On. 27
Attorney I.D. No. 203046 CUMBERLAND Coutay
MARTSON LAW OFFICES PENNSYLVANIA
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF
UNION, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 2013 - 4639 CIVIL TERM
STEVE J. YANEK, JR., and
EDIE J. YANEK,
Defendants
NOTICE UNDER RULE 2958.2 OF
JUDGMENT AND EXECUTION THEREON
Notice of Defendants' Rights
TO: Edie J. Yanek
A judgment in the amount of$212,835.65 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The court has issued a writ of
execution which directs the sheriff to levy upon and sell certain real property owned by you to
pay the judgment. The sheriff's sale has been scheduled for December 4, 2013.
You may have legal rights to defeat the judgment or to prevent or delay the sheriff s sale,
I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY(30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. 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
34 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MARTSON LAW OFFICES
By (2 'l r 2
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
Date: (717) 243-3341
Attorneys for Plaintiff
PPOTJi
Christopher E. Rice, Esquire
Attorney I.D.No. 90916 2013-SEP —3 AM It---A a 7
Seth T. Mosebey, Esquire CUMBERLAND NIA Attorney I.D.No. 203046 PENNSYLVA
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717)243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF
UNION, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 2013 - 4639 CIVIL TERM
STEVE J. YANEK, JR., and
EDIE J. YANEK,
Defendants
NOTICE UNDER RULE 2958.2 OF
JUDGMENT AND EXECUTION THEREON
Notice of Defendants' Rights
TO: Steve J. Yanek, Jr.
A judgment in the amount of$212,835.65 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The court has issued a writ of
execution which directs the sheriff to levy upon and sell certain real property owned by you to
pay the judgment. The sheriff's sale has been scheduled for December 4, 2013.
You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale.
1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
..e Y
II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. 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
34 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MARTSON LAW OFFICES
B ( � 2.
Y
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: �''3 �3 Attorneys for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 2013-4639 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1ST 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 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,
(2) 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$186,690.61 Plaintiff Paid S
Interest PAST DUE AS OF JULY 23,2013-$6640.58 -INTEREST ACCRUING AT$30.69 PER
DAY FROM JULY 23,2013
Attorney's Comm. $18,669.06 Law Library$.50
Attorney Paid$74.50 Due Prothonotary$2.25
Other Costs$335.40-LATE FEES
Date: Sept.3,2013
David D.Buell,Prothonotary
(Seal)
,-By
Deputy
REQUESTING PARTY:
Name:Christopher E.Rice,Esq.
Address:Martson Law Offices,Ten East High Street,Carlisle,PA 17013-3093
Attorney for:Plaintiff
Telephone: 717-243-3341
Supreme Court ID No. 90916
rr TIli d ; ItaU�]Ait '
Christopher E. Rice, Esquire
Attorney I.D. No. 90916 2013 SEP 24 PH 3 1
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046 CUMBERLAND COUNT t'
MARTSON LAW OFFICES PENNS YLVA N f A
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 2013 - 4639 CIVIL TERM
STEVE J. YANEK, JR., and
EDIE J. YANEK,
Defendants
AFFIDAVIT OF NOTIFICATION
Christopher E.Rice,Esquire,attorney for Plaintiff,first having been duly affirmed according
to law, deposes and says that on or about the 23rd day of September, 2013, he notified all lien
creditors and any other parties listed in the 3129.1 affidavit of the sheriffs sale in the above-
captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are
attached hereto.
Affirmed and subscribed to before me this °Zy day of September, 2013.
N to Public
COMMONWEALTH SFPENNSY ANIA
N rE&�ea
Mary M nr% . Christopher E. Rice, Esquire
Carlis le Bay , I.D. No. 90916
My cony r,��; x 15
r,_Memt, �,� OTARIES Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: 9/24/13 Attorneys for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
Notomal Seal
Mary M.Price,Notary Public
Carlisle Boro,Cumberland county
My Comrntoon Expires Aug.18,2015
MEMBER �,PE N N A00GATION OF NOTARIES
UNITED STATES Certificate Of 3Od1SOd sn f
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'U ARS street SON LAW OF, �ESSdS,� O1 o
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"Cumberland County Tax Claim Bu ' a U31SVH
1 Courthouse Square 4 — Old COurthouse Room 1 � •
Carlisle, PA 17013
6
PR Frtrm 3817 Aril 2007 PSN 7530-02-000-9065
� UNITEDSTATES- Certificate Of
POSTAL SERVICE 3OdisOd sn'Mailing w
This C rtlftate of Mailing provides evidence that man has been presented to LISPS®for mailing.
This form may be used for domestic and hdemational man.
from:
C7
.'v"TSON LAW OF to O1
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10 East High Street n C, � N cn u
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To: H31SVH
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C.
17 East First Avenue
Boiling Springs, PA 17007
- m
tic iFnm 3817 Anril 2007 PSN 7530-02-000-9065
UNITED SIATES Certificate Of
POSTAL SERVICE Mailing 3Od1SOd Sn
Ths CertBicate of Malone provides evidence that mail has been presented to LISPS®for mailing.
This form may be used for domestic and International man.
From:
co
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IMARTSON LAW OFFICES c
cm o
10 East High Street � N
S S 'Q0 g
C67 610/1 2131SVH
To: Patrick Frye ai Ee
a
27 East lst Street -e d38
Boiling Springs, PA 1700
Pc Fnrm 3817 Anril 2007 PSN 7530-02-000-9065
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Notification was
served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage
prepaid, addressed as follows:
Steve J. Yanek, Jr. and
Edie J. Yanek
8 South Ridge Road
Boiling Springs, PA 17007
MARTSON LAW OFFICES
By �1,
M". Price
10 East High Street
Carlisle, PA 17013
,Dated:
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
•
Ronny R Anderson ,
Sheriff t'^ T'H
tttttr of 'stillio fr '- ti 0 f :
Jody S Smith j'f' �" itti f; r'
Chief Deputy 190
JAN
AM If:
Richard W Stewart CUMBERL.
Solicitor FctcE OF-H S ERIFr A riD en( 1'
Members 1st Federal Credit Union
vs. Case Number
Steve J. Yanek, Jr. (et al.) 2013-4639
SHERIFF'S RETURN OF SERVICE
09/27/2013 03:15 PM - Deputy Brian Grzyboski, 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 27 East First Street, South Middleton -Township, Boiling
Springs, PA 17007, Cumberland County.
10/01/2013 07:21 PM - Deputy Shawn Gutshall, 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 Steven Yanek- Husband,
who accepted as"Adult Person in Charge"for Edie J Yanek at 8 South Ridge Road, Boiling Springs, PA
17007, Cumberland County.
10/01/2013 07:21 PM -Deputy Shawn Gutshall, 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:
Steve J. Yanek, Jr. at 8 S. Ridge Road, South Middleton Township, Boiling Springs, PA 17007,
Cumberland County.
12/04/2013 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, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at
10:00 AM. He sold the same for the sum of$1.00 to Attorney Christopher Rice, on behalf of Members 1st
Federal Credit Union , being the buyer in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $1,149.16 SO ANSWERS,
December 10, 2013 RONIV ANDERSON, SHERIFF
Z1� (0 ill, a .
a. aS ,�. co,
sv
;el* 2e,0 6 7c.
!c)Ccun ySuite Sheriff in:.
On September 9, 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, 27 East First Street,
Boiling Springs, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
co r at. Date: September 9, 2013
WM
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(2,_I
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t1} By:
al-V.../1----..2:4/U4 tiq
Real Estate Coordinator
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No.2013-4639 Civil Term particularly set forth in the aforesaid
Third Amendment to Declaration of
MEMBERS 1ST Spring Court Condominium.
FEDERAL CREDIT UNION TOGETHER with the right to
vs. use limited common elements ap-
STEVE J.YANEK,JR., plicable to the Unit being conveyed
Edie J.Yanek herein,pursuant to the Declaration
of Condominium and the Grantors
Atty.:Christopher E. Rice submitted the property to the provi-
ALL THAT CERTAIN unit, being sions of the Pennsylvania Uniform
Unit No. 10 ("the Unit") of Spring Condominium Act,as amended,and
Court Condominium, located in created Spring Court Condominium
South Middleton Township, Cum- of which the above described unit
berland County,Pennsylvania,which is apart. Under and Subject to the
Unit is authorized in the Declaration Declaration of Condominium,rights
creating and establishing Spring of way, easements and agreements
Court Condominium,dated October recorded in the Recorder of Deeds
1, 1986 and recorded October 17, Office in and for Cumberland County,
1986, in the Office of the Recorder Pennsylvania and matters which a
of Deeds in and for Cumberland physical inspection and survey of the
County, Pennsylvania, in Miscella- Unit and common elements would
neous Book 324, Page 775 and the disclose.
Amendment of Declaration of Spring TO BE SOLD AS THE PROPERTY
Court Condominium dated July 29, OF STEVE J.YANEK,JR.AND EDIE
1992, and recorded in the Office of J.YANEK ON JUDGMENT ENTERED
the Recorder of Deeds in and for AT THE ABOVE NUMBER AND
Cumberland County,Pennsylvania in TERM.
Miscellaneous Book 424,Page 1140,
and Amendment to the Declaration
creating and establishing Spring
Court Condominium dated Febru-
ary 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 Condomin-
ium, dated February 28, 2005 and
recorded March 1, 2005 in Miscel-
laneous 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 Cumber-
land County in Miscellaneous Book
733,Page 1470 and the correspond-
ing plots and Plans in Plan Book 92,
Page 89("collectively,the Declaration
of Condominium").
TOGETHER with an undivided
interest in common elements as more
136
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:
October 11, October 18 and October 25, 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.
` L,Usa Marie Co e, Editor
SWORN TO AND SUBSCRIBED before me this
-day of October, 2013
•
/,
Notary
NOTARIAL SEAL
DEBORAH A GOWNS
Notary Public
.CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 23,2014
The Patriot-News Co. eferh isottio Technology Pkwy patriotXews
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant 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 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
of IRE (CATION COPY This ad ran on the date(s)shown below:
2013-4eaa CMI Term 10/13/13
M BEM 18T FEDERAL C DIT
UNION
10/20/13
�J J ,ER. � 10/27/13
ALL 7T Cpfier E Rice /00%"
�RTAINunit,being Unit No.1O
("the Unit")of Spring Court Condominium,.
ondominium, .
located in South Middleton Township,
Cumberland County, Pennsylvania, which
Unit is authorized in the Dedarationcreating Sworn to a d subscribed before met 11 day of November, 2013 A.D.
and establishing
Spring court Condominium 1 ,
dated October 1,1986 and recorded October
1
17, 1986,in the Office of the Recorder of •
Deeds in and for Cumberland County; • e
Pennsylvania, in Miscellaneous Book 324'
Page 775 and the Am Dedara HS
of Spring� Condominium iH in the-Office of the
Recorder of Deeds in and for Cumberland 13 COMMONWEALTH WEALTH C" E.NNSYLVANIA
"� �laDeOUS g r3!;a t adi
Book County,24,Page 114,and Amendment to EI Holly Lynn 11;_'rt ,�^tart'Public
the Declaration creating and g ` �u
atabllS711n g rn "r,.p. E�aUphin County
My Commission Expires Dec.12,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriffs Deed in which Members 1st Federal Credit Union is the grantee the same having been sold to
said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on
the 3rd day of September, A.D., 2013, out of the Court of Common Pleas of said County as of Civil
Term, 2013 Number 4639, at the suit of Members 1st Federal Credit Union against Steve J. Yanek Jr.
and Eddie J. Yanek is duly recorded as Instrument Number 201401509.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this o7/ o day of
lzve_____, A.D. 02o/
4 ,
MAI Recorder of Deeds
Recorder of Deeds,Cumberland County,Care,PA
My Commission Expires the First Monday o. n.2018