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HomeMy WebLinkAbout07-7512INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ?7 - 't•??o? ?? V ??i2. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note, attached as Exhibit A in the Complaint filed in the above captioned case, we appear for Constantine N. Gekas, a/k/a Dean Gekas, and confess judgment in favor of Integrity Bank against him as follows: Principal: $145,071.07 Accrued Interest: $ 2,404.74 Late Fees $ 938.57 Attorney Fees (10% commission): $ 14,507.10 Total: $ 162,921.48* *along with interest accruing at the per diem rate of $25.18 following December 3, 2007 until paid in full and costs of suit. McNEES WALLACE & NURICK LLC Date: December 13, 2007 By 4" 4 ?rz' , ?*, Z- , Cla n WI.Da dson, Esquire PA ttorney 11D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a-),mwn.com Attorneys for Integrity Bank Clayton W. Davidson, Esquire PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(i?mwn.com Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT Integrity Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Integrity Bank ("Integrity"), is a Pennsylvania banking institution doing business at 3345 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendant, Constantine N. Gekas, a/k/a Dean Gekas ("Gekas"), is an adult individual currently residing at 12703 E. Desert Cove Avenue, Scottsdale, Arizona, 85259. 3. On October 23, 2003, Integrity loaned Gekas the sum of $163,300 (the "Loan") for a business purpose as evidenced by a promissory note (the "Note") executed by Gekas. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note (less Gekas' social security number). 4. Gekas has defaulted under the Note by failing to make the regular payments due and owing thereunder for the months of October 23, 2007 and November 23, 2007. 5. As a result of Gekas' payment defaults under the Note, Integrity Bank has accelerated the entire indebtedness due and owing thereunder. 6. The Note, as well as applicable law, does not require Integrity Bank provide notice to Gekas prior to accelerating the indebtedness thereunder and/or provide Gekas a right to cure payment defaults. 7. The Note provides that upon a default thereunder Integrity may confess judgment against Gekas for the entire principal balance due and owing thereunder along with accrued interest, late charges, costs of suit and an attorney's commission of 10% of the principal balance due and owing. 8. The total sums due and owing under the Note as of December 3, 2007 are itemized as follows: Principal: $145,071.07 Accrued Interest: $ 2,404.74 Late Fees $ 938.57 Attorney Fees (10% commission): $ 14,507.10 Total: $ 162,921.48* *along with interest accruing at the per diem rate of $25.18 following December 3, 2007 until paid in full and costs of suit. 9. All conditions precedent have been satisfied to allow Integrity to confess judgment against Gekas under the Note. 10. Integrity is the holder of the Note. 11. 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. 12. Judgment has not been confessed or entered against Gekas under the Note in any other jurisdiction. 13. Integrity will only seek its reasonable attorney's for costs of collection in this matter and is not seeking a windfall. The 10% attorney's fee commission included in the confessed judgment is authorized under the Note and is being used to calculate a sum certain for purposes of confessing judgment. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by confession Constantine N. Gekas, a/k/a Dean Gekas in the amount of $162,921.48 along with interest accruing at the per diem rate of $25.18 following December 3, 2007 until paid in full and cost of suit. Respectfully submitted, McNEES WALLACE & NURICK LLC Date: December 13, 2007 By Cl on avidson, Esquire PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a,mwn. com Attorneys for Integrity Bank VERIFICATION I, Gary G. Klick, Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. " - " ? -, & /-<x, J, Gary G. Kli as Vice President of Integrity Bank (,,Xh)O-A PROMISSORY NOTE References in the shaded area are for Lender's use only ?a?nd"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: CONSTANTINE N GEKAS Lender: Integrity Bank 25 S 26TH STREET 00 Camp Hill Office CAMP HILL, PA 17011 3345 Market Street Camp Hill, 17011 ? (717) 920-49 4900 Principal Amount: $163,300.00 'F Date of Note: October 23, 2003 PROMISE TO PAY. CONSTANTINE N GEKAS ("Borrower") promises to pay to Integrity Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Sixty-three Thousand Three Hundred & 00/100 Dollars (5163,300.00), together with interest on the unpaid principal balance from October 23, 2003, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of $1,202.37 each, beginning November 23, 2003, with interest calculated on the unpaid principal balances at an initial interest rate of 6.250% per annum; and 180 monthly consecutive principal and interest payments in the initial amount of 81,107.86 each, beginning November 23, 2008, with interest calculated on the unpaid principal balances at an interest rate based on the The Now York Prime Rate of Interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the index Icurrently 4.000%), plus a margin of 1.000%, resulting in an initial interest rate of 5.000%. Borrower's final payment will be due on October 23, 2023 and will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 365/360 basis; that Is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this Note will be 6.250%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the The New York Prime Rate of Interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the index (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently, is 4.000% per annum. The interest rate or rates to. be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, 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: Integrity Bank, Camp Hill Office, 3345 Market Street, Camp Hill, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or 810.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 18.000% per annum. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. 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. • PROMISSORY NOTE Loan No: 1500023450 (Continued) Page 2 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. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. 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. 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 (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) 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 on 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 attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including 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 611 other sums provided by law. JURY WAIVER. Lender and Borrower here b.,_; , I;x,xt?eright to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. (Initial Here y; .:,.....kc:4x,:•;rin.. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. 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 $10.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by a 1st mortgage lien on 915 Acri Drive, Mechanicsburg, Cumberland County, Pennsylvania, Assignment of rents. CALL OPTION. The Bank shall have a call option which may be exercised to be effective on each fifth anniversary of the date of closing, subject to ninety (90) days advance written notice to Borrower advising the Bank's election to call the obligation due. PATRIOT ACT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORDINFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A LOAN, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS. 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. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the ext t allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and nless wise expressly stated in writing, no party who signs this Note, ed from liability. All such parties agree that Lender may renew whether as, maker, guarantor, accommodation maker or endors 41 or extend (repeatedly and for any length of time) this Ioa a rty or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take an r eemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify thi without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note a 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 (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT ? ESS THAN FIVE HUNDRED DOLLARS ($500) ON w ;ICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIP Y; AND FOR SO DOING, THIS NOTE OR A COPY THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHC Y GRANTED IN THIS NOTE TO CONFESS JUL.-ENT AGAINST BORROWER SHALL NOT BE PROMISSORY NOTE gars Mo: 1500023450 (Continued) Page 3 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. PRIOR TO SIGNING THIS NOTE, BORROWER READ ANP.l*DERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO _ T"S OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED GORY 0F.1*9-.PROMISSORY NOTE. '1t i. is 7 . THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NtI .IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INST CCORDING TO LAW. BORROW g eal CONSTANTINE N GEKAS, Individually LENDER INTEGRITY BANK X Authorized Signer USER PRO Lmdko. Vw. 5.2LOG.OW C01,. Hwbnd F&WHAW SwWd-nI. Aw. 1ES7, SOW. N MEAN P-wd. - M R:ICFMPL%=.FC TR•24 PM72 ?„} w mw< ?Q ZF C INTEGRITY BANK, Plaintiff, v. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ?L Defendant CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Constantine N. Gekas, a/k/a Dean Gekas 12703 E. Desert Cove Avenue Scottsdale, Arizona 85259 You are hereby notified that on December I, 2007 a judgment by confession was entered against each of you in the above-captioned case in favor of integrity Bank as follows: Principal: $145,071.07 Accrued Interest: $ 2,404.74 Late Fees $ 938.57 Attorney Fees (10% commission): $ 14,507.10 Total: $ 162,921.48* DATE: ?19_r 17 --?607 *along with interest accruing at the per diem rate of $25.18 following December 3, 2007 until paid in full and cost of suit. 11 - PR THONOT INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01 - AISI ;X, CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Constantine N. Gekas, a/k/a Dean Gekas, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Constantine N. Gekas, a/k/a Dean Gekas is over eighteen (18) years of age and was last known residing at 12703 E. Desert Cove Avenue, Scottsdale, Arizona, 85259. !x .WO - Clayto vis ,Esquire SWORN and subscribed to p'l before rrte..t ecem n 2 07. Notary Public ' My Commission Expires (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ellen M. Palmer, Notary Public City of Harrisburg, Dauphin County My Commission Expires Aug. 1, 2010 0 r= P C= A -V ILIX) INTEGRITY BANK, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4`r - ?js" l ?t v C C-7EL CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I, Clayton W. Davidson, Esquire, hereby certify that Constantine N. Gekas, a/k/a Dean Gekas, resides at 12703 E. Desert Cove Avenue, Scottsdale, Arizona, 85259. Date: December 13, 2007 McNEES WALLACE & NURICK LLC By Cla W. Dav' son, Esquire PA ttorney I. . No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(c mwn.com Attorneys for Integrity Bank C -V fm M (?i r INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant : NO. 07-7512 Civil Term : CIVIL ACTION -LAW RETURN OF SERVICE REGARDING NOTICE UNDER Pa.R.Civ.P. 2958.1 OF JUDGMENT AND EXECUTION THEREON Plaintiff, Integrity Bank, files this Return of Service in accordance with Pa. R. Civ. P. 2958.1(c) and hereby swears and affirms that Defendant, Constantine N. Gekas, was served with (a) Complaint for Confession of Judgment; (b) Confession of Judgment; (c) Notice of Entry of Judgment; (d) Notice under Pa. R.C.P. No. 2958.1 of Judgment and Execution Thereon; and (e) Notice in Connection with Judgment by Confession Required by 42 Pa. C.S.A. §2737.1 by Certified Mail - Restricted Delivery on December 22, 2007, at 12703 E. Desert Cove Avenue, Scottsdale, Arizona 85259 as provided by Pa.R.Civ.P. 403, as is evidenced by a true and correct copy of the Certified Mail card signed by Constantine N. Gekas. Date: January 12, 2009 McNEES WALLACE & NURICK LLC By: Clayton . Dav' son Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Integrity Bank r' -t 2. Article Number 7160 3901 9845 2641 5726 r.r na,re nuuresse0 to: Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 RESTRICTED DELIVERY "- -'-WFY aaaress below: ?f 1?,7?- l_ ?Y? ?r'?- 1 1?,. ? ?. ? ? A +?y ?Yr i INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7512 Civil Term CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant CIVIL ACTION -LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary of Cumberland County: Issue a writ of execution upon a judgment entered by confession in the above matter. 1) directed to the Sheriff of Cumberland County; 2) against Constantine N. Gekas, 12703 E. Desert Cove Avenue, Scottsdale, Arizona 85259, Defendant; 3) index this writ against Constantine N. Gekas, as Defendant; 4) levy on the real property of the Defendant found at 951 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. A copy of the property description is attached hereto. 5) Amount Due Principal: $145,071.07 Accrued Interest: $ 2,404.74 Late Fees $ 938.57 Attorney Fees (10% commission): $ 14,507.10 Total: $ 162,921.48* *along with interest accruing at the per diem rate of $25.18 from December 3, 2007 until paid in full and cost of suit. CERTIFICATION I certify that (a) (b) This praecipe is based upon a judgment entered by confession; and Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a copy of the Certified Mail Card. Date: January 28, 2009 McNEES WALLACE & NURICK LLC By: f./ ClayJok. Davidso Atto I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonnaanwn.com Attorneys for Integrity Bank r-3 r C: C=7) = 1 7 aa° 4 f7 70 © O ' " =€ 'a 4:, b y s= -?• 0 c; -Q i 2. Article Number BIIA?IIRA?II?l?llq?? 7160 3901 1645 2641 5726 3. Article Addressed to: Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 RESTRICTED DELIVERY PS Form 3811, January c. Isiv rfditlerent from item 1? If S, enter delivery address t»low: 21328-120 Receipt B. Date of Delivery \2 - -Z LJ Yea ? No t '4. INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7512 Civil Term CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant CIVIL ACTION -LAW AFFIDAVTT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 915 Acri Road, Mechanicsburg, PA 17050, as more fully identified in the attached property description. 1. Name and address of owner: Constantine N. Gekas 915 Acri Road Mechanicsburg, PA 17050 2. Name and address of defendant in the judgment herein: Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 East Pennsboro Township Administration 98 S. Enola Drive Enola, PA 17025 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 r , 4' 4. Name and address of the last recorded holder of every mortgage of record: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 Name and address of every other person who has any record lien on the property: None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the Property which may be affected by the sale: East Pennsboro Township Tax Claim Bureau 98 S. Enola Drive Enola, PA 17025 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 unworn falsification to authorities. McNEES WALLACE & NURICK LLC Date: January 28, 2009 By: 7)?""'- 1?&41 Clayton W. Dae139 n Attorney I.D. 7 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson mwn.com Attorneys for Integrity Bank cv. , w INTEGRITY BANK, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7512 Civil Term CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVEL PROCEDURE 3129.2(c) TO: Constantine N. Gekas 915 Acri Road Mechanicsburg, PA 17050 Integrity Bank 3345 Market Street Carnp Hill, PA 17011 East Pennsboro Township Administration 98 S. Enola Drive Enola, PA 17025 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 TAKE NOTICE: Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 East Pennsboro Township Tax Claim Bureau 98 S. Enola Drive Enola, PA 17025 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 10, 2009 TIME: 10:00 a.m. LOCATION: Cumberland County Sheriff's Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of the property to be sold is: 915 Acri Road, a/k/a Lot No. 120, Section 5 of Laurel Hills, Mechanicsburg, East Pennsboro Township, Cumberland County, Pennsylvania 17050, Parcel No. 09-18-1310-091. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Constantine N. Gekas, No. 07-7512 Civil Term, in the amount of $162,921.48, plus interest at the per diem rate of $25.18, from December 3, 2007 through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for sale of the property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are Constantine N. Gekas. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: January 28, 2009 By: Clayton W. D 'son Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(E4mwn.com Attorneys for Integrity Bank LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: in accordance with a Subdivision Plan of Laurel Hills Section 5, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34, Page 69, as follows, to wit: BEGINNING at a stake on the northern right-of-way line of Acri Road, formerly Laurel Lane, on said Plan, at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence along the northern right-of-way line of Acri Road; North 45 degrees 42 minutes 35 seconds West, a distance of 100.00 feet to a stake; thence on a curve to the right having a radius of 25.00 feet, a distance of 39.27 feet to a stake on the eastern right-of-way line of Matter Drive; thence along the eastern right-of-way line of Matter Drive, North 44 degrees 17 minutes 25 seconds East, a distance of 31.00 feet to a stake; thence on a curve to the right having a radius of 125.00 feet, a distance of 35.34 feet to a stake; thence along the eastern right-of- way line of Matter Drive, North 60 degrees 29 minutes 15 seconds East, a distance of 9.51 feet to a stake at the corner of Lot No. 124 on the above referenced Subdivision Plan; thence along the line of said Lot No. 124, South 45 degrees 42 minutes 35 seconds East, a distance of 117.38 feet to a stake at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence South 44 degrees 17 minutes 25 seconds West, a distance of 100.00 feet to a stake in the northern legal right-of-way line of Acri Road, the point and place of BEGINNING. CONTAINING 12,216.99 square feet. BEING Lot No. 120, Section 5 of Laurel Hills. Said Laurel Lane by municipal action is now known as Acri Road and said Lot No. 120 is known and numbered as 915 Acri Road. Parcel No. 09-18-1310-091 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7512 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK, Plaintiff (s) From CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $162,921.48 L.L. $.50 Interest accruing at the per diem rate of $25.18 from 12/03/07 until paid in full and costs of suit Atty's Comm % Atty Paid $54.00 Plaintiff Paid Date: 1/29/09 (Seal) REQUESTING PARTY; Due Prothy $2.00 Other Costs Curtis R. Long, Prothon ary By: Deputy Name: CLAYTON W, DAVIDSON, ESQUIRE Address: McNEES WALLACE & NURICK, LLC 100 PINE STREET - PO BOX 1166 HARRISABUARG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 79139 INTEGRITY BANK, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7512 Civil Term CIVIL ACTION -LAW AFFIDAVIT PURSUANT TO PA.R.C.P. No. 3129.2 Clayton W. Davidson, Esquire, of McNees Wallace & Nurick LLC, Attorneys at Law, being duly sworn according to law, hereby swears and affirms under penalty of perjury that he served the within Notice of Sheriffs Sale of Real Estate attached hereto as Exhibit A upon the entities listed below in the manner so indicated: By ordinary mail on the parties listed below on February 6, 2009, as evidenced by U.S. Postal Service Forms 3817 Certificates of Mailing, which are attached hereto as Exhibit B. Integrity Bank 3345 Market Street Camp Hill, PA 17011 East Pennsboro Township Administration 98 S. Enola Drive Enola, PA 17025 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 East Pennsboro Township Tax Claim Bureau 98 S. Enola Drive Enola, PA 17025 Constantine N. Gekas 915 Acri Road Mechanicsburg, PA 17050 By certified mail, return receipt requested on the parties listed below on February 6, 2009, as evidenced by the Receipt for Certified Mail, original signed green card and the Track and Confirm Search Results from the United States Postal Service showing delivery of February 11, 2009, which are attached hereto as Exhibit C. Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 McNEES WALLACE & NURICK LLC Date: February 17, 2009 By: Clayto . VDavion uire PA Attorn e9 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson@mwn.com Attorneys for Plaintiff, Integrity Bank EXHIBIT "A" INTEGRITY BANK, Plaintiff, V. CONSTANTINE N. GEKAS, aWa DEAN GEKAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7512 Civil Term CIVIL ACTION -LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CPADL PROCEDURE 3129.2(c) TO: Constantine N. Gekas 915 Acri Road Mechanicsburg, PA 17050 Integrity Bank 3345 Market Street Camp Hill, PA 17011 East P=wboro Township Administration 98 S. Enola Drive Enola, PA 17025 Borough of Wormleysburg 20 Market Steret Wormleysburg, PA 17043 TAKE NOTICE: Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 Andy Kartalis 25505 Halburton Road Beachwood, OH 44122 East Pennsboro Township Tax Claim Bureau 98 S. Enola Drive Enola, PA 17025 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 10, 2009 TIME: 10:00 am. LOCATION: Cumberland County Sheriffs Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of the property to be sold is: 915 Acri Road, a/k/a Lot No. 120, Section 5 of 1AwvI Hills, Mechanicsburg, East Pennsboro Township, Cumberland County, Pennsylvania 17050, Parcel No. 09-18-1310-091. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Constantine N. Gekas, No. 07-7512 Civil Tam, in the amount of $162,921.48, plus interest at the per diem rate of $25.18, from December 3, 2007 through the date of payment, mchxbng on and altar the date of entry of judgment on this Complaint, and costs, and for We of the property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are Constantine N. Gekas. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. TM UM IS A NOTICE OF THE TIME AND PLACE OF SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BK USE Mn IS A JUDGMENT A AIN3T YOU. KE MAY ?,'.Y "UBf, E YOUR PROPERTY TO BE HELD. TO BE SOLD OR TA XEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Cartiale, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the sane Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a proaesitation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: January 28, 2009 By: Clayton W4. D nn Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson aArn Attorneys for Integrity Bank q ' * m_!tl 57 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: in accordance with a Subdivision Plan of Laurel Hills Section 5, made by Buchart-Hom, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34, Page 69, as follows, to wit: BEGINNING at a stake on the northern right-of-way line of Acri Road, formerly Laurel Lane, on said Plan, at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence along the northern right-of-way line of Acri Road; North 45 degrees 42 minutes 35 seconds West, a distance of 100.00 feet to a stake; thence on a curve to the right having a radius of 25.00 feet, a distance of 39.27 feet to a stake on the eastern right-of-way line of Matter Drive; thence along the eastern right-of-way line of Matter Drive, North 44 degrees 17 minutes 25 seconds East, a distance of 31.00 feet to a stake; thence on a curve to the right having a radius of 125.00 feet, a distance of 35.34 feet to a stake; thence along the eastern right-of- way line of Matter Drive, North 60 degrees 29 minutes 15 seconds East, a distance of 9.51 feet to a stake at the corner of Lot No. 124 on the above referenced Subdivision Plan; thence along the line of said Lot No. 124, South 45 degrees 42 minutes 35 seconds East, a distance of 117.38 feet to a stake at the comer of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence South 44 degrees 17 minutes 25 seconds West, a distance of 100.00 feet to a stake in the northern legal right-of-way line of Acri Road, the point and place of BEGINNING. CONTAINING 12,216.99 square feet. BEING Lot No. 120, Section 5 of Laurel Hills. Said Laurel Lane by municipal action is now known as Acri Road and said Lot No. 120 is known and numbered as 915 Acri Road. Parcel No. 09-18-1310-091 EXHIBIT "B" U.S. POSTAL SERVICE CERTIFICATE OF MAILING M'd PR McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 ,.- Constantine N. e 915 Acri Road JEB 0 6 20. Mechanicsburg, PA 170 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING_ MAN McNees Wallace & Nurick LLC F 100 Pine Street P.O. Box 1166 _ Harrisburg, PA 17108-1166 _- `_. _ Cau East Pennsboro Townshi Administration 98 S. Enola Drive Enola, PA 17025 PS Form 3817, January 2001 _ O U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY E PROVIC McNees Wallace & Nurick LLC _ Rec 100 Pine Street P.O. Box 1166 '• Harrishurr7_ PA 17109-1166 - n o N uavrrFo ca13URG, A. T cc nn East Pennsboro To iy/ Tax Claim Bureau _ v b9 98 S. Enola Drive FEB 06 2909 o w Enola, PA 17025 _ m° o o O" O PS Form 3817, January 2001 oZa? _ ` 40 D o N uNIlle m A v N T tll p o ? L? a o Ln i T40 00 m O•i $I N ?1 O O (n W R?• v o N uwr?os NJ a ?n N 1 FEB 0 6 rn s - 00 W K 0 N O " u.a. rv51AL SERVICE CERTIFICATE OF MAILING h r MA` PR( N 1? m W m° 16 N?11 V C, o C PS Form 3817, January 2001 260 p McNees Wallace & Nurick LLU 100 Pine Street P.O. Box 1166 UNI U.Harrisburg, PA 17108-1166 reb* S. POSTAL SERVICE CERTIFICATE OF MAILING Harrisburg. PA 17109-116 MAY McNees Wallace & Nurick LLC F 100 Pine Street P.O. Box 1166 Integrity Bank FEB 0 6 200( 3345 Market Street Camp Hill, PA 17011 z !MI Borough of Wormley, 20 Market Street Wormleysburg, PA 1 PS Form 3817, January 2001 ? U.5. POSTAL SERVICE CERTIFICATE CU If C. op% 1`SgURt=pq aN uwrfio?? FEB 0 6 20? n m io - s 0 m rn o 0 CD co •ti. OF MAILING Harrisburg- P A 17108-1 1 fib/ S McNees Wallace & Nurick LLC _ 100 Pine Street ' 00 P.O. Box 1166 ` gUR a P,q n AD uwFO?q Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 1 FEB U 6 200 m z ?rI 1 N PS Form 3817, January 2001 DCLO , 'rte EXHIBIT "C" 7160 3901 9645 7155 5666 TO: Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 SENDER: 225 - Davidson REFERENCE: 21328-120 RECEIPT ied Fee RETURN ERWricteed ge i SERVICE n Receipt Fee Delivery Postage a Fet US Postal Service Receipt for Certified Mail s No insurance Covsrage P-k" Do Not use for b"mNbnN MIA POSf% C@ 16\1009 - --- 2. Article Number 7160 3901 9645 7155 5666 Constantine N. deltas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 P5 Form 3a-Ii, .lartwary cw:+ -- 225 - Davidson Receipt UNITED STATES AgPOS14L jrE * Home I Heuer I Alan In Track &..Confirm FA9s Track & confirm Search Results Label/Receipt Number: 7160 3901 9845 7155 5866 - --- - - - Status: Delivered Track & Corm Your item was delivered at 1:59 PM on February 11, 2009 in Enter Label/Receipt Number. SCOTTSDALE, AZ 85259. (notification options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. : sorv> Return Receipt (Electronic) F, Gar> 'i Verify who signed for your item by email. Site Map Contact Us Farms Gov't Services Jobs Privacy Policy Terms of Use National & Premier Accounts Copyright(k1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA 40 Ca n. C r3 _ ?...., . r"r "'l ?i INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant NO. 07-7512 Civil Term CIVIL ACTION -LAW SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 915 Acri Road, Mechanicsburg, PA 17050, as more fully identified in the attached property description. 1. Name and address of owner: Constantine N. Gekas 915 Acri Road Mechanicsburg, PA 17050 2. Name and address of defendant in the judgment herein: Constantine N. Gekas 9222 N. 123rd Street Scottsdale, AZ 85259 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity.Bank 3345 Market Street Camp Hill, PA 17011 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 East Pennsboro Township Administration 98 S. Enola Drive Enola, PA 17025 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square, Room 302 Carlisle, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the Property which may be affected by the sale: East Pennsboro Township Tax Claim Bureau 98 S. Enola Drive Enola, PA 17025 Irene Gekas 9222 N. 123`d Street Scottsdale, AZ 85259 Current Resident 915 Acri Road Mechanicsburg, PA 17050 Kirk Sohonage, Esquire Schutjer Bogar LLC 417 Walnut Street, 4 h Floor Harrisburg, PA 17101 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. McNEES WALLACE & NURICK LLC Date: April 29, 2009 By: ?'- Clayto W. Da 'dson Attorney I.D. 9139 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a),mwn.com Attorneys for Integrity Bank 10» LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: in accordance with a Subdivision Plan of Laurel Hills Section 5, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34, Page 69, as follows, to wit: BEGINNING at a stake on the northern right-of-way line of Acri Road, formerly Laurel Lane, on said Plan, at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence along the northern right-of-way line of Acri Road; North 45 degrees 42 minutes 35 seconds West, a distance of 100.00 feet to a stake; thence on a curve to the right having a radius of 25.00 feet, a distance of 39.27 feet to a stake on the eastern right-of-way line of Matter Drive; thence along the eastern right-of-way line of Matter Drive, North 44 degrees 17 minutes 25 seconds East, a distance of 31.00 feet to a stake; thence on a curve to the right having a radius of 125.00 feet, a distance of 35.34 feet to a stake; thence along the eastern right-of- way line of Matter Drive, North 60 degrees 29 minutes 15 seconds East, a distance of 9.51 feet to a stake at the corner of Lot No. 124 on the above referenced Subdivision Plan; thence along the line of said Lot No. 124, South 45 degrees 42 minutes 35 seconds East, a distance of 117.38 feet to a stake at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence South 44 degrees 17 minutes 25 seconds West, a distance of 100.00 feet to a stake in the northern legal right-of-way line of Acri Road, the point and place of BEGINNING. CONTAINING 12,216.99 square feet. BEING Lot No. 120, Section 5 of Laurel Hills. Said Laurel Lane by municipal action is now known as Acri Road and said Lot No. 120 is known and numbered as 915 Acri Road. Parcel No. 09-18-1310-091 lr' '" C A -(L Pti 9 AFR 3 2 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant : NO. 07-7512 Civil Term : CIVIL ACTION -LAW SUPPLEMENTAL AFFIDAVIT PURSUANT TO PA.R.C P Np 3129.2 Clayton W. Davidson, Esquire, of McNees Wallace & Nurick LLC, Attorneys at Law, being duly sworn according to law, hereby swears and affirms under penalty of perjury that he served the within Notice of Sheriffs Sale of Real Estate attached hereto as Exhibit A upon the entities listed below in the manner so indicated: By ordinary mail on the parties listed below on April 29, 2009, as evidenced by U.S. Postal Service Forms 3817 Certificates of Mailing, which are attached hereto as Exhibit B. Current Resident 915 Acri Road Mechanicsburg, PA 17050 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square, Room 302 Carlisle, PA 17043 Date: April 30, 2009 Irene Gekas 9222 N. 123`d Street Scottsdale, AZ 85259 Kirk Sohonage, Esquire Schutjer Bogar LLC 417 Walnut Street, 4 h Floor Harrisburg, PA 17101 McNEES WALLACE & NURICK LLC By; ? ?'e' 0 ; .?.? ClaytM W. Davi on, Esquire PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson@mwn.com Attorneys for Integrity Bank t? INTEGRITY BANK, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7512 Civil Term : CIVIL ACTION -LAW SUPPLEMENTAL NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2(c) TO: Current Resident 915 Acri Road Mechanicsburg, PA 17050 Kirk Sohonage, Esquire Schutjer Bogar LLC 417 Walnut Street, 4d' Floor Harrisburg, PA 17101 TAKE NOTICE: Irene Gekas 9222 N. 123rd Street Scottsdale, AZ 85259 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square, Room 302 Carlisle, PA 17043 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 10, 2009 TIME: 10:00 am. LOCATION: Cumberland County Sheriff's Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of the property to be sold is: 915 Acri Road, a/k/a Lot No. 120, Section 5 of Laurel Hills, Mechanicsburg, East Pennsboro Township, Cumberland County, Pennsylvania 17050, Parcel No. 09-18-1310-091. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Constantine N. Gekas, No. 07-7512 Civil Term, in the amount of $162,921.48, plus interest at the per diem rate of $25.18, from December 3, 2007 through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for sale of the property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are Constantine N. Gekas. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: April 29, 2009 By: ...? Clayton WAttorney 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonAmwn.com Attorneys for Integrity Bank LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: in accordance with a Subdivision Plate of Laurel Hills Section 5, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34, Page 69, as follows, to wit: BEGINNING at a stake on the northern right-of-way line of Acri Road, formerly Laurel Lane, on said Plan, at the comer of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence along the northern right-of-way line of Acri Road; North 45 degrees 42 minutes 35 seconds West, a distance of 100.00 feet to a stake; thence on a curve to the right having a radius of 25.00 feet, a distance of 39.27 feet to a stake on the eastern right-of-way litre of Matter Drive; thence along the eastern right-of-way line of Matter Drive, North 44 degrees 17 minutes 25 seconds East, a distance of 31.00 feet to a stake; thence on a curve to the right having a radius of 125.00 feet, a distance of 35.34 feet to a stake; thence along the eastern right-of- way line of Matter Drive, North 60 degrees 29 minutes 15 seconds East, a distance of 9.51 feet to a stake at the corner of Lot No. 124 on the above referenced Subdivision Plan; thence along the line of said Lot No. 124, South 45 degrees 42 minutes 35 seconds East, a distance of 117.38 feet to a stake at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence South 44 degrees 17 minutes 25 seconds West, a distance of 100.00 feet to a stake in the northern legal right-of-way line of Acri Road, the point and place of BEGINNING. CONTAINING 12,216.99 square feet. BEING Lot No. 120, Section 5 of Laurel Hills. Said Laurel Lane by municipal action is now known as Acri Road and said Lot No. 120 is known and numbered as 915 Acri Road. Parcel No. 09-18-1310-091 ti U.S. POSTAL SERVICE CERTIFICATE OF MAILING P McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 f Harrisburg, PA 17108-1166 On Current Resident 915 t,.cri Road Mecb:anicsburg, PA 17050 = I PS Form 3817. January 9nn1 U.S. POSTAL SERVICE CERTIFICATE OF MAILii McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Kirk Sohonage, Esquire Schutjer Bogar LLC 417 Walnut Street, 4t` Floor Harri, burg, PA 17101 PS Form 3817, January 2001 ?ry U Cosa 4 rnD ' N ? ?i CJ1 N _ g O O Q M O ATE OF MAILING McNees Wallace & Nurick LLC T 100 Pine Street P.O. Box 1166 U 0 Harrisburg, PA 17108-1166 n wlro m? 0 N ? Or Irene Gekas O CCil ? 9222 N. 123rd Street - 25 > N Z Scottsdale, AZ 85259 - ?O _ (D O • I O O OO - cc - • co Y? O N UO C3 N 'n cn N 35 C) D? m. Co s s N? O 0 0 W OF MAILING PRoN McNees wairace& Nurick LLC R 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 o Cumberland County Adult Probation - Cumberland County Courthouse - 1 Courthouse Square, Room 302 - Carlisle, PA 17043 PS Form 3817, January 2001 X UNO o ?- M?1' b A ` N 1) j N? 0 -U 0 ;U C ?I N O O OO CID FILED-DiTi 2'014V,AY --i , ?,DL INTEGRITY BANK, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7512 Civil Term CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE WRIT OF EXECUTION TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please discontinue the writ of execution entered on behalf of Integrity Bank in the above captioned case against Defendant. McNEES WALLACE & NURICK LLC Date: June 9, 2009 By: Clayton W. Da on Attorney I.D. 39 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsona,mwn com Attorneys for Integrity Bank F LED-OFFIrT QE THE M01PDNOTARY 2009 JUN -9 PM 2> 4 7 4u ly PENNSYLVANLA f In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7512 Civil Term Integrity Bank VS Constantine N. Gekas, a/kla Dean Gekas Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit Constantine N. Gekas, a/k/a Dean Gekas, by certified mail, return receipt requested to his last known address of, 12703 E. Desert Cove Avenue, Scottsdale, AZ 85259. This letter was mailed under the date of March 19, 2009 and returned to the Sheriffs Office on April 29, 2009, Return to Sender, Unclaimed, Unable to Forward. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1001 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property Constantine N. Gekas, a/k/a Dean Gekas, located at, 915 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit Constantine N. Gekas, a/k/a Dean Gekas, by regular mail to his last known address of, 12703 E. Desert Cove Avenue, Scottsdale, AZ 85259. This letter was mailed under the date of April 2, 2009 and returned to the Sheriffs Office on April 20, 2009, Moved March 18, 2009. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Docketing 30.00 Poundage 18.01 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 12.60 Certified Mail 5.71 Levy 15.00 Surcharge 20.00 r Law Journal Patriot News Share of bills So Answers, ? R. Thomas Kline, She ff By Real Estate Coordinator 425.00 344.42 15.43 918.67 C i C ?- n f. Y .2 7 iv INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant NO. 07-7512 Civil Tenn CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 915 Acri Road, Mechanicsburg, PA 17050, as more fully identified in the attached property description. 1. Name and address of owner: Constantine N. Gekas 915 Acri Road Mechanicsburg, PA 17050 2. Name and address of defendant in the judgment herein: Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 East Pennsboro Township Administration 98 S. Enola Drive Enola, PA 17025 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 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: East Pennsboro Township Tax Claim Bureau 98 S. Enola Drive Enola, PA 17025 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. McNEES WALLACE & NURICK LLC Date: January 28, 2009 By: Clayton W. Davison Attorney I.D. 791139 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonL&mwn.com Attorneys for Integrity Bank LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania,. more particularly described as follows: in accordance with a Subdivision Plan of Laurel Hills Section 5, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34, Page 69, as follows, to wit: BEGINNING at a stake on the northern right-of-way line of Acri Road, formerly Laurel Lane, on said Plan, at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence along the northern right-of-way line of Acri Road; North 45 degrees 42 minutes 35 seconds West, a distance of 100.00 feet to a stake; thence on a curve to the right having a radius of 25.00 feet, a distance of 39.27 feet to a stake on the eastern right-of-way line of Matter Drive; thence along the eastern right-of-way line of Matter Drive, North 44 degrees 17 minutes 25 seconds East, a distance of 31.00 feet to a stake; thence on a curve to the right having a radius of 125.00 feet, a distance of 35.34 feet to a stake; thence along the eastern right-of- way line of Matter Drive, North 60 degrees 29 minutes 15 seconds East, a distance of 9.51 feet to a stake at the corner of Lot No. 124 on the above referenced Subdivision Plan; thence along the line of said Lot No. 124, South 45 degrees 42 minutes 35 seconds East, a distance of 117.38 feet to a stake at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence South 44 degrees 17 minutes 25 seconds West, a distance of 100.00 fret to a stake in the northern legal right-of-way line of Acri Road, the point and place of BEGINNING. CONTAINING 12,216.99 square feet. BEING Lot No. 120, Section 5 of Laurel Hills. Said Laurel Lane by municipal action is now known as Acri Road and said Lot No. 120 is known and numbered as 915 Acri Road. Parcel No. 09-18-1310-091 INTEGRITY BANK, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7512 Civil Term CIVIL ACTION -LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2(c) TO: Constantine N. Gekas 915 Acri Road Mechanicsburg, PA 17050 Integrity Bank 3345 Market Street Camp Hill, PA 17011 East Penmboro Township Administration 98 S. Enola Drive Enola, PA 1.7025 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 TAKE NOTICE: Constantine N. Gekas 12703 E. Desert Cove Avenue Scottsdale, AZ 85259 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 East Pennsboro Township Tax Claim Bureau 98 S. Enola Drive; Enola, PA 17025 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 10, 2009 TIME: 10:00 a.m. LOCATION: Cumberland County Sheriff s Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) t THE LOCATION of the property to be sold is: 915 Acri Road, aWa Lot No. 120, Section 5 of Laurel Hills, Mechanicsburg, East Pennsboro Township, Cumberland County, Pennsylvania 17050, Parcel No. 09-18-1310-091. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Constantine N. Gekas, No. 07-7512 Civil Term, in the amount of $162,921.48, plus interest at the per diem rate of $25.18, from December 3, 2007 through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for sale of the property until the Sheriffs Sale. • THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are Constantine N. Gekas. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: January 28, 2009 By: Clayton W. D son Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonA,mwn.com Attorneys for Integrity Bank LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: in accordance with a Subdivision Plan of Laurel Hills Section 5, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34, Page 69, as follows, to wit: BEGINNING at a stake on the northern right-of-way line of Acri Road, formerly Laurel Lane, on said Plan, at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence along the northern right-of-way line of Acri Road; North 45 degrees 42 minutes 35 seconds West, a distance of 100.00 feet to a stake; thence on a curve to the right having a radius of 25.00 feet, a distance of 39.27 feet to a stake on the eastern right-of-way line of Matter Drive; thence along the eastern right-of-way line of Matter Drive, North 44 degrees 17 minutes 25 seconds East, a distance of 31.00 feet to a stake; thence on a curve to the right having a radius of 125.00 feet, a distance of 35.34 feet to a stake; thence along the eastern right-of- way line of Matter Drive, North 60 degrees 29 minutes 15 seconds East, a distance of 9.51 feet to a stake at the corner of Lot No. 124 on the above referenced Subdivision Plan; thence along the line of said Lot No. 124, South 45 degrees 42 minutes 35 seconds East, a distance of 117.38 feet to a stake at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence South 44 degrees 17 minutes 25 seconds West, a distance of 100.00 feet to a stake in the northern legal right-of-way line of Acri Road, the point and place of BEGINNING. CONTAINING 12,216.99 square feet. BEING Lot No. 120, Section 5 of Laurel Hills. Said Laurel Lane by municipal action is now known as Acri Road and said Lot No. 120 is known and numbered as 915 Acri Road. Parcel No. 09-18-1310-091 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7512 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK, Plaintiff (s) From CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $162,921.48 L.L. $.50 Interest accruing at the per diem rate of $25.18 from 12/03/07 until paid in. full and costs of suit Atty's Comm % Due Prothy $2.00 Atty Paid $54.00 Other Costs Plaintiff Paid Date: 1/29/09 urtis R. L ng, roth otary (Seal) By: Deputy REQUESTING PARTY: Name: CLAYTON W. DAVIDSON, ESQUIRE Address: McNEES WALLACE & NURICK, LLC 100 PINE STREET - PO BOX 1166 HARRISABUARG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 79139 FROM, RECORE,, *d JtW V(SW . Pt. We we SW a? sir CW Real Estate Sale # 44 On February 13, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 915 Acri Road, Mechanicsbui-g, more fully described on Exhibit "A" filed with this writ and by this reference incorporated hereji A. Date: February 13, 2009 nti ? B y: Clayton W. Davidson, Esquire I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (Phone) (717) 260-1678 (Direct Fax) cavidson@mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant OF THE CIOTARy 2010 MAR -3 PM 2: 06 CUP PEVNSYL?/,Ak-q? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7512 Civil Term : CIVIL ACTION - LAW NOTICE OF ASSIGNMENT OF CONFESSED JUDGMENT FROM INTEGRITY BANK TO DOVE MORTGAGE, LLC TO THE PROTHONOTARY: 1. On or about December 13, 2007, Integrity Bank confessed judgment against Constantine N. Gekas, a/k/a Dean Gekas in the amount of $162,921.48, along with interest, late charges, attorney's fees and costs of suit in the above captioned case (the "Confessed Judgment"). 2. On September 21, 2009, Integrity Bank assigned all of its rights, title and interest in the Confess Judgment, along with the supporting loan documents and debt giving rise to the confessed judgment, to Dove Mortgage, LLC. 3. Dove Mortgage, LLC is now the holder of the Confessed Judgment. ??- od pl. al 94 h;-95-3 y ,&0 d-39.30 WHEREFORE, Dove Mortgage, LLC should be noted as the holder of the Confessed Judgment against Constantine N. Gekas, a/k/a Dean Gekas in the above captioned case. McNEES WALLACE & NURICK LLC Date: March 3, 2010 By: Clayton W. D vidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson a mwn.com Attorneys for Plaintiff, Integrity Bank CERTIFICATE OF SERVICE The undersigned hereby certifies that on March 3, 2010, a true and correct copy of the attached document was served by first-class United States mail, postage prepaid, addressed as follows: Constantine N. Gekas 13607 Geronimo Road Scottsdale, AZ 85259 Clayton W. avidson Clayton W. Davidson, Esquire I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (Phone) (717) 260-1678 (Direct Fax) cdavidson@mwn.com Attorneys for Dove Mortgage, LLC DOVE MORTGAGE, LLC, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant OF THc PPQ ,GNOTAqY 2010 MAR -3 PM 2. 07 currl 4. ° u k jJNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7512 Civil Term CIVIL ACTION -LAW ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, Dove Mortgage, LLC, in the above captioned action. Date: March 3, 2010 McNEES WALLACE & NURICK LLC By: a_x?jz_'? Clayt(Th Woavidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Plaintiff, Dove Mortgage, LLC CERTIFICATE OF SERVICE The undersigned hereby certifies on this day that a true and correct copy of the attached Entry of Appearance was served by first-class United States mail, postage prepaid, addressed as follows: Constantine N. Gekas 13607 Geronimo Road Scottsdale, AZ 85259 Date: March 3 2010 A ; ? f 7Clayton W. Davidson, Esquire DOVE MORTGAGE, LLC, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C-) Q C r? NO. 07-7512 Civil Term T, =c CIVIL ACTION - LAW - RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) J rn 11 T, P -C Plaintiff, Dove Mortgage, LLC, hereby files this Return of Service and swears and affirms that the person or persons listed below, whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129. 1, were served with the Notice of Sheriff's Sale Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing. A copy of each certificate of mailing is attached hereto. Constantine N. Gekas a/k/a Dean Gekas Andy Kartalis 13607 Geronimo Road 25505 Halburton Road Scottsdale, AZ 85259 Beechwood, OH 44122 The Township of East Pennsboro 98 S. Enola Drive Enola, PA 17025 Integrity Bank 3345 Market Street Camp Hill, PA 17011 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 Cumberland County Adult Probation 1 Courthouse Square Third Floor, Room 302 Carlisle, PA 17013 Cumberland County Tax Claim Bureau Peter and Litsa Glinatsis 1 Courthouse Square 915 Acri Road Carlisle, PA 17013 Mechanicsburg, PA 17050 McNEES WALLACE & NURICK LLC Date: April 28, 2010 By: Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson a,mwn.com Attorneys for Plaintiff, Dove Mortgage, LLC U 0 r o 0 CD "'?' • O 0 o a E? z 00 m O m No te a r Q Vl a , o CD CD o O CD COD CD ao ? CD .. > CD n FOR' z 00 ?' k O a', rn ? TOIL l 3491 dIZ WO gilm OLOZ sz2ir , , LffiSZ'9b000 051 1?0 $ . dl• z o 53felpg A3NLd -®`_ Aft. G ??A 1 ' b90dgOy o .?z c?CD OTI v? a? cD w z `< ?O' wcD O 9 x c? " N Gy CT 07 , O , J, ", L 0 6 L 1. 9000 di t lvvq e OlOZ 8Z 2idb` 0 00 0%30 $ VI• zo 53M09 A3Nlid (. }iI ??b dy5 1sOd S3? o? am MC O Cl) ?O zT F- CA m o m a my O m 08 Ka r 2 Az M 1 o ? a M M o O o m nn 3 z D o p. z. m m -n a 3 T S? 3 m a' 6W ?s w 7i ?v 0a a M9 03 d m. d.y m 6 s 3a?a. UNITEDSTATES Certificate POSTAL SERVICE. Maiiir This Certlflcate of Mailing provides evidence that mail has been presented to USPS® for mailf This forth may be used for domestic and International mall. From: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 d Harrisburg, PA 17108-1166 To: _ Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 Z rM a ?i y? MA X ;A 149, A y M N? rb ¦ ? I PS Form 3817, April 2007 PSN 7530-02-000-9065 ° o q UNITEDSTATES Certificate POSTAL SERVK Maili This Certificate of Mailing provides evidence that mail has been presented to USPS® for ma This form may be used for domestic and international mail. From: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 To: Integrity Bank 3345 Market Street Camp Hill, PA 17011 uwrF b C*to `p D Cp '? 9 r--- "' i Co N ao C z b. I t0 OD PS Form 3817, April 2007 PSN 7530-02-000-9065 h N 0 N 0 O u--- rw, AL SERVICE CERTIFICATE OF MAILING MAY "E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 0 3n fp McNees Wallace & Nurick LLC 100 Pine Street, P. 0. Box 1166 Harrisburg, PA 17108-1166 "" more of ordinary mail addressed to: The Township of East Pennsboro 98 S. Enola Drive Enola, PA 17025 PS Form in t, January zvv, O ti ' ?, i O ?yEAy ?. H °;UCm M N eeA _ 00 ¦ .v N ¦? ? o O I To: UNITEDSTATES Certificate "POSTAL SERVICE Mail! Thla Certificate of Mailing provides evidence that mail has been presented to USPS® for ma This form may be used for domestic and international mail. From: N PS Form 3817, April 2007 PSN 7530-02-000-9065 0 -? o O McNees Wallace & Nurick LLC (`l 100 Pine Street, P.O. Box 1166 g o uwk Harrisburg, PA 17108-1166 F n y - --Cumberland County Tax Claim B ' ; I "- ? !?a ' ure4 ,; -i Courthouse Square Carlisle, PA 17013 _ - s Z T Ct `rn I uN?rED srarES 3 b a"), ? Certificate l P STAL SERYIC Mailii This Certificate of Mailing provi..,vdess;.. ? eevide i me ?nce that mad has been presented to USPS® for maili This form - he .-d f.., e...? ...?r,.... m??i From: - McNees Wallace & Nurick LLC - - 100 Pine Street, P.O. Box 1166 K o Co uNnto n - Harrisburg, PA 17108-1166 _ D s9 To: Peter and Litsa Glinatsis 915 Acri Road y qty Mechanicsburg, PA 17050 Z _Up < rn co N PS Form 3517, April 2007 PSN 7530-02-000-9065 _ o? 0 o O 3r.??a UNITED STATES Certificate POSTAL SERVICE Mailir This certificate of Mailing provides evidence that mail has been presented to USPS® for mallii This form may be used for domestic and international mail. From: McNees Wallace & Nurick LLC - 100 Pine Street, P.O. Box 1166 - Harrisburg; PA 17108-1166 1 1 To: -Andy Kartalis -25505 Halburton Road -Beechwood, 01144122 PS Form 3817, April 2007 PSN 7530-02-000-9065 a o; UNlr??s rn .b 9 N ? z a rlf , . AN 10 N 4 I n -U o;UO 0Nr& ? T : 2U1 n 0 O 3 a? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy rr?, r Edward L Schorpp Solicitor 0;. =F z`rj'N4YZ8 AN 10: Zi a Y Dove Mortgage LLC vs. Constantine N Gekas Case Number 2007-7512 SHERIFF'S RETURN OF SERVICE 03/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendant, to wit: Constantine N. Gekas, to his last known address of, 13607 Geronimo Road, Scottsdale, AZ 85259. The return receipt card was not returned to Sheriffs Office prior to 5/2/10. 04/09/2010 07:21 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1920 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Constantine N. Gekas, located at 915 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 05/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Clayton Davidson on 5/17/10 SHERIFF COST: $902.36 SO ANSWERS, May 21, 2010 RON R ANDERSON, SHERIFF c2 Ift) f" -co, t bunk DOVE MORTGAGE, LLC, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant C-) IN THE COURT OF COMMON PLEA 5 N , CUMBERLAND COUNTY, PENNS?LV AI A S NO. 07-7512 Civil Term r :;_ c r CIVIL ACTION - LAW 4• AFFIDAVIT PURSUANT TO RULE 3129.1 Dove Mortgage, LLC, 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 consisting of a tract or parcel of land together with the buildings and improvements erected thereon located in East Pennsboro Township, Cumberland County, Pennsylvania, known as 915 Acri Road, Mechanicsburg, PA 17050, Parcel No. 09-18-1310-091. 1. Name and address of owner or reputed owner: Constantine N. Gekas 13607 Geronimo Road Scottsdale, AZ 85259 2. Name and address of defendant in the judgment: Constantine N. Gekas a/k/a Dean Gekas 13607 Geronimo Road Scottsdale, AZ 85259 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: The Township of East Pennsboro 98 S. Enola Drive Enola, PA 17025 Integrity Bank 3345 Market Street Camp Hill, PA 17011 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 Cumberland County Adult Probation 1 Courthouse Square Third Floor, Room 302 Carlisle, PA 17013 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage ofrecord: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Andy Kartalis 25505 Halburton Road Beechwood, OH 44122 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Peter and Litsa Glinatsis 1 Courthouse Square 915 Acri Road Carlisle, PA 17013 Mechanicsburg, PA 17050 of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. I, Clayton W. Davidson, Esquire, attorney for the Plaintiff, Dove Mortgage, LLC, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties Date: March 4, 2010 McNEES WALLACE & NURICK LLC By Clayton W. avidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 171.08-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a mwn.com Attorneys for Plaintiff, Dove Mortgage, LLC i? r DOVE MORTGAGE, LLC, Plaintiff, V. CONSTANTINE N. GEKAS, a/k/a DEAN GEKAS, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7512 Civil Term CIVIL ACTION - LAW C7 r ,C Crt 3"?" zi. cP N cn M --c NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 2, 2010 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: a tract or parcel of land together with the buildings and improvements erected thereon located in East Pennsboro Township, Cumberland County, Pennsylvania, known as 915 Acri Road, Mechanicsburg, PA 17050, Parcel No. 09-18- 1310-091. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Dove Mortgage, LLC vs. Constantine N. Gekas, a/k/a Dean Gekas, No. 07-7512, in the amount of $162,921.48, plus interest at the rate of $25.18 per day, from December 3, 2007, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Constantine N. Gekas. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition r must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: March 4, 2010 By V < < - Clayt W. idson PA Attorney I.D. No.. 79139 McNees Wallace & Nurick LLC 100 Pine Street -P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a-)mwn.corn Attorneys for Plaintiff, Dove Mortgage, LLC All TUAT CERTAIII Inlet ur porrel ,t/'l,llnl and lurnrisrn, sihurA. lpiufJ nrrr! Rr,u nr fGr To unaIi ip of fiaat Pcnnabero u Cursbarland uu+1 C'?rurmrwn+vvrhh uj!'rmrxPlrvrrrin, urun' purlirudrrIM th-scrim)O is,yirllau - in accordance with a Subdivision Ylart of Laurel liilla Section 5, mado by 8uchart-liar n, Consulting Engineers and Planners, Job Ho, 203020, an(III recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, in I'lnn Book 34, rage 69, as follows, to uitr BEGENNING at a stake on the northern right-of-way line of Acri Road, formerly Lauvoi Lane, on said Clan, at the corner of Lot Ile, 119, . Section No, 13 oil the above referenced Subdivision Plan; thence along the northern right-of-way line of Acri Road; North 45 degrees t,. minutes 35 seconds Nest, a distanco of 100,00 feet to a stake) thence on a curve to the right having It radius of 25,00 feet, a distance of 39,27 feet to a stake on the onstarn right-of-way line of Matter Drive; thence along the eastern right-of-way line of Hatter Drive, North 44• degrees 17 minutes 25 seconds Fast, a distance of 31.00 fact to a stake; thence on a curve to the right having a radius of 15,00 fact, a distance of 35.34 fast to a stake) thence along the eastern right-of?j way Tina of Matter Drive, Ilorth 60 degrees 29 minutes 15 seconds East, a distance of 9,51 feet to it stake at the corner of Lot No. 124 on the above raforanecd Subdivision Plant thence along the lino of said Lot Ito• 124, South h5 degrees 4Z minutes 35 seconds Fast, a distance of 117.18 feet to a stake at the corner of Lot Ito, 119, Section Ito. 13 on the above raferaneed Subdivision flan; thence South /,4 depreas 17 minutes 25 aanoilds.Iles t, a distance of 100,00 feat to a stake in the northern legal right-of-way line of Acri Road, the point: and place of DEGINHINGI CONTAIN Itic 12,216,99 square feet, DEING Lot Ile, 120, Section 5 of Laurel 11111.9 , Said Laurel Lana by municipol action is now known as Acri Road and said Lot Ile, 120 is known and numbered as 915 Acri Road, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7512 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DOVE MORTGAGE, LLC, Plaintiff (s) From CONSTANTINE N. GEKAS a/k/a DEAN GEKAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $162,921.48 L.L. Interest from 12/3/07 until paid in full and costs of suit @ $25.18 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $1,002.17 Other Costs Plaintiff Paid Date: 3/5/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: CLAYTON W. DAVIDSON, ESQUIRE Address: MCNEES WALLACE & NURICK LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-260-1678 Supreme Court ID No. 79139 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered, 915 Acri Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Rea Estate Coordinator The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4ePatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 04/30/10 .................... Sworn to a ubscribed before me this 18,-0ay, of May, 2010 A. D. Notary Pubic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Writ No. 2007-7512 Civil Term Dove Mortgage LLC Vs. Constantine N Gekas Attyc Clayton Davidson ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboto in the County of Cumberland' and Commonwealth of Pennsylvania, more particularly described as follows: in accordance with a Subdivision Plan of Laurel Hills Section 5, made by Buchart-Hom, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34, Page 69, as follows, to sat BEGINNING at a stake on the northern right-of- way line of Acri Road, formerly Laurel Lane, on said Plan, at the comer of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence along the- northern right-of-way line of Acri Road; North 45 degrees 42 minutes 35 seconds West, a distance of 100.00 fat to a stake; thence on a curve to the right having a radius of 25.00 fat, a distance of 39.27 feet to a stake on the eastern right-of-way Jim of Matter Drive; thT tdor g the, am-a n ti -of-wa '' of Mafia Drive, North 44 degees 17 mines 2S seconds East, a distattca of 31.00 feet to a salt,?, thence on a carve to dv right having a radius of 125.00 fat, a distance of 35.34 feet to a star,; thence along the eastern right-of- way line of Matter Drive, North 60 degrees 29 minutes 15 s?onds East, a distance of 9.51 feet to a stake at the comer of Lot No. 124 on the above referenced Subdivision Plan; thence along the line of said Lot, No. 124; South 45 degrees 42 minutes 35 seconds East, a distance of 117.38 feet to a stake at the comer of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence South 44 degrees 17 minutes 25 seconds West, a distance of 100.00 feet to a stake in the northern legal right-of-way line of Ac ri Road, the point and place of BEGINNING. CONTAINING 12,216.99 square feet BEING Lot No. 120, Section 5 of Laurel Hills. Said Laurel Lane by municipal action is now known as Acri. Road and said Lot No. 120 is known and numbered as 915 Acri Road. Parcel No. 09-18-1310-091 BEING the same premises which David H. Huffman, and Carol J. Huffman, by their deed dated October 27,'2003 and recorded with the Cumberland,County Recorder of Deeds Office in Dad Book 261, Page 651, granted and conveyed unto Constantine N. Gekas. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affant 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. V isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this _ 30 da of April, 2010 Notary NOTARIAL AL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ No. 2007-7512 Civil Dove Mortgage LLC VS. Constantine N. Gekas Atty: Clayton Davidson ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: in accordance with a Subdivision Plan of Laurel Hills Section 5, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Penn- sylvania in Plan Book 34, Page 69, as follows, to wit: BEGINNING at a stake on the northern right-of-way line of Acri Road, formerly Laurel Lane, on said Plan, at the corner of Lot No. 119. Section No. 13 on the above referenced Subdivision Plan; thence along the northern right-of-way line of Acri Road; North 45 degrees 42 minutes 35 seconds West, a distance of 100.00 feet to a stake; thence on a curve to the right having a radius of 25.00 feet, a distance of 39.27 feet to a stake on the eastern right-of-way line of Matter Drive; thence along the eastern right-of-way line of Matter Drive, North 44 degrees 17 minutes 25 seconds East, a distance of 31.00 feet to a stake; thence on a curve to the right having a radius of 125.00 feet, a distance of 35.34 feet to a stake; thence along the eastern right- of- way line of Matter Drive, North 60 degrees 29 minutes 15 seconds East, a distance of 9.51 feet to a stake at the corner of Lot No. 124 on the above referenced Subdivision Plan; thence along the line of said Lot No. 124, South 45 degrees 42 minutes 35 seconds East, a distance of 117.38 feet to a stake at the corner of Lot No. 119, Section No. 13 on the above referenced Subdivision Plan; thence South 44 degrees 17 minutes 25 seconds West, a distance of 100.00 feet to a stake in the northern legal right-of-way line of Acri Road, the point and place of BEGINNING. CONTAINING 12,216.99 square feet. BEING Lot No. 120, Section 5 of Laurel Hills. Said Laurel Lane by mu- nicipal action is now known as Acri Road and said Lot No. 120 is known and numbered as 915 Acri Road. Parcel No. 09-18-1310-091 BEING the same premises which David H. Huffman and Carol J. Huff- man, by their deed dated October 27, 2003 and recorded with the Cumber- land County Recorder of Deeds Office in Deed Book 261, Page 651, granted and conveyed unto Constantine N. Gekas.