Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09-5780
If INTEGRITY BANK, V. Plaintiff CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. - 57$0 3" i (T: NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 INTEGRITY BANK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant : NO. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m" adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificacio'n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 7 INTEGRITY BANK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, : S ?? ?- Terre Tenant : NO: 0 9 - COMPLAINT IN MORTGAGE FORECLOSURE Integrity Bank, by and through its undersigned counsel, hereby files this Complaint in Mortgage Foreclosure pursuant to Pa.R.C.P. No. 1141, et seq., and in support thereof avers the following: The Parties 1. Plaintiff, Integrity Bank (the "Bank"), is a Pennsylvania banking institution with its principal place of business located at 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendant, Constantine N. Gekas, is an adult individual last known residing at 9222S. 123`d Street, Scottsdale, Arizona 85259. 3. Defendant, Evan N. Gekas, is an adult individual last known residing at 1045 Laurian Park Drive, Roswell, Georgia 30075-7306. 4. Terre tenant, Kirk Sohonage (the "Trustee"), was the court appointed trustee for Constantine N. Gekas, holds an unrecorded deed for the property subject to this mortgage foreclosure proceeding, and is located at 417 Walnut Street, 4`h Floor, Harrisburg, Pennsylvania, 17101. Jurisdiction and Venue This court has jurisdiction over this matter this matter pursuant to 42 Pa.C.S.A. §931(a). 6. This Court is the proper venue for this matter pursuant to 42 Pa.C.S.A. §931(c) and Pa.R.C.P. No. 11142 because the real property in question is located in Cumberland County, Pennsylvania. Factual Background 7. On July 9, 2004, the Bank loaned Evan N. Gekas $160,000.00 (the "Loan") for a commercial purpose to obtain an interest in the real property known and numbered as 460 Brentwater Road, Camp Hill, Pennsylvania (the "Real Property") and immediately thereafter the Evan N. Gekas executed and delivered to the Bank a certain promissory note (the "Note") evidencing the Loan. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 6. On July 9, 2004, Constantine N. Gekas and Evan N. Gekas (collectively the "Borrowers") delivered to the Bank a purchase money mortgage (the "Mortgage") to secure the payments due under the Note against the Real Property which is more particularly described as tax parcel number 09-20-1850-044, Lot 5 on the plan of Brentwater section "A" in Plan Book 6, Page 45, East Pennsboro Township, and instrument number 200428251. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Mortgage. 7. The Mortgage encumbers the Real Property and was duly filed in the Office of the Recorder of Deeds of Cumberland County on July 14, 2004 at Book 1873, Page 2742. The Borrowers have defaulted under the Mortgage by failing to: (a) maintain the Real Property in a tenantable condition, (b) promptly performing all repairs, replacements and maintenance necessary to preserve the value of the Real Property, and (c) abandoning and leaving the Real Property unattended (collectively the "Defaults") 9. On July 31, 2009, the Bank has provided the Borrowers notice of the Defaults along with a ten (10) day right to cure the Defaults. 10. The Borrowers failed to cure the Defaults within their ten (10) day cure period. 11. The Borrowers are the record owners of the Real Property and the Trustee holds an unrecorded deed for the Real Property. 12. The Loan and the Real Property were used by the Borrowers for a commercial purpose, and Act 6 and Act 91 notices are not applicable to the instant case. 13. The amount due under the Note, and therefore the Mortgage, has been accelerated as a result of the Defaults and as of August 14, 2009, the amount due and owing thereunder is itemized as follows: Principal: Interest: Satisfaction Fee: TOTAL: $138,075.77 $ 129.94 $ 134.00 $138,339.71* *ALONG WITH INTEREST ACCURING AT THE PER DIEM RATE OF $16.30, COSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL. (the "Indebtedness") 14. Judgment has not been entered on the Mortgage in any jurisdiction. 15. The Note and Mortgage have not been assigned and are still held by Integrity. Count I - Mortgage Foreclosure 16. The Bank incorporates herein by reference the allegations contained in paragraphs 1 through 15 above. 17. Pursuant to Pa.R.C.P. No. 1019(h), this count is based upon a breach of the written Mortgage. 18. The Bank demands judgment for the Indebtedness in mortgage foreclosure be entered against the Borrowers and the Trustee so that the Bank may sell the Real Property in an attempt to satisfy the Indebtedness. WHEREFORE, Integrity Bank demands judgment in mortgage foreclosure against Constantine N. Gekas, Evan Gekas, and Kirk Sohonage as the Trustee for Constantine N. Gekas, as owners of the Real Property, in the sum of $138,339.71 as of August 14, 2009, along with interest accruing at the per diem rate of $16.30, costs and reasonable attorney's fees until paid in full. Date: August 20, 2009 McNEES WALLACE & NURICK LLC ! a?u By: V?A Z/ C-lavt& W. Davi on PA Attorney I.D( No. 79139 100 Pine Street --P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidson@mwn.com Attorneys for Plaintiff, Integrity Bank A PROMISSORY NOTE Principal Amount: 8160,000.00 Date of Note: July 9, 2004 PROMISE TO, PAY. Even N. Oakes ("Borrower) promises to pay to Mtegrtty Bank ('Lender"), or ordar, In lawful money of the United States of America, the principal amount of One Hundred Slaty Thousand & 001100 Dollars (4180,000.001, together with Interest on the unpaid principal balance from July 9. 2004, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan In aocordance with the following payment now".* 60 monthly consecutive principal and interest payments in the Initial amount of 41,201.83 each, beginning August 9, 2004, with interest calculated on to unpaid. principal balsems at an inltW Interest rate of 6.500% per annum; and 180 monthly consecutive principal and interest payments in On Initial smaunt of $1,128.50 each, beginning August 9, 2009, with intarod calculated on the unpaid principal balances at an Interest rah based on the Now York Pdme'Raie of liitertst, The New York Prime Rats of Interest shat mean the Interest rate per annum announced from time to time in vatous business journals, such as The W9111 90"t JoumW, m the "Prins Rata of hrbrsst". The New York Prime Rena of 1:06re n to in index, aid toms of tW dank may 66 . istabibbed 4 above or'below to index. The New'York Plume Rata of Interest li twt necessarily the Sank's kwvast rift of •irtertst. The Interest rate shah float at New York Pdima'(currenthy 4.800%), phis' i munrgin' of 1.000%. resulting bi an Initial Interest raft of 5.600%.. Borrower's. final payment. wl1 be dais an July 9:.2024 and Will be for ail prknetpal aid seamed Intsrtst not yet paid;,together with any other unpaid amounts underthis Note. Unit" otherwise agreed or required by appINabis law, psymea is will be applied first to any seemed unpaid Interest; then to principal; then to any unpaid collection oosts; and than to any lap charges. The ardaud interest rate for this Note is computaj on a 3651360 basis: that la; by. applying the ratio of the annum interact tab over a yew of 360 days, muldplsd by the outstanding prkcipal balance, multlpbd by the actual number of days•.tha pifnolpil• balance to outstanding. Borrower WE pay Lender A Lender's address shown above qr et.auch other piece as Linder may designate In writing. VARIABLE INTEREST RATE. For the first 80 payments, the Interest rate on this Note will be 6.500%. Thereafter, the Interest rats on this Note is subject to change from time to time besed on changtp In an Independent index which'is the New York Prime Rate of Interest 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 Joumal, 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 New York Prime Rate of Interest Is not necessarily the Bank's lowest rate of interest. The Interest rate shell float at Now York Prime ithe "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 (ntorest rate change will not occur more often than each day. Borrower understands that Lander may make loans based on other rates as well. The Index curraptly Is 4.500% 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 hersln in the "Payment' section. Notwithstanding any other provision of this Note, after the prat payment stream), the kphrest rate for each eubaewont payment stream will be'afleatve as•ot the last payment dote of the lust-ending payment stream NOTICE: Under no ekeumstanoss wp[ the Interest rate on this Note be more than'the maximumrate allowed by applicable low. Wt»never increases occur in the interest rata, Lander, 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 data, (B) increase 9orrower's payments to cover accreting Interest, (C) increase the number of Borrowers piymenta; and • (D) continue Borrower's payments at -the some amount and Increase Borrower's line[ payment. PREPAYMENT. Borrower agrees that all loan fees and other prepekl flnsn" charges we earned fully as of the date of the loan and will not be aub)ect 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 riot, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to.make peyrnente 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'aocept it without losing any of Lender's - rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lander. All written communications concerning disputed amounts, including any check or other payment Instrument that indicates that the payment oonsthutes "psymsnt in full" of the amount owed- or that Is tendered with other conditions or Iknitations or. as full satisfaction of a dispuited. 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 $10.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final. maturlty, Lender, at its option, may, If permitted under applicable law, increase the varlabie.irdereat rote on this Note to 8.00Q percentage points over the Index. 'The Interest Late will not exceed the maximum rate permittad 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.Defouit. Borrower fails to make any payment when due under this Note. 'Other Defsuks. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents onto 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 sates 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 thlb 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 Lander by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading In any material respect, after now or at the time made or furnished or becomes false or misleading at any time thereafter. B000W6r: Eon N. Oacss I Lender: Integrity Bank 1046 Louden Park Drive Camp Hill OfMa Rosswed, OA 30078 3345 Market Streat Camp Hill, PA 17011 (717) 820,4900 PROMISSORY NOTE Loan No: 1600080760 (Continued) Page 2 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 So?mwer. Cwdha or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,. whether by judicial proceeding, self-help, ropossesalon or any other method, by any creditor of Borrower or' by any governmental agency against any collateral securing the loin. This includes a garpishment 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 Via creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lander 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 guarentor, endorser, surety, or aooolnmodation 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 unoondWonally the obligations arising under the guaranty in a manner satisfactory to Lander, and, In doing so, ours any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lander believes the prospect of payment or performance of this Nate Is Impaired: Insecurity. Lender in good faith believes itself Insecure. Cure Provisions. If any data^ other than a default In payment Is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lander domanding'oure of such default: (1) cures the defauh within ten 110) days; or' (2) 11 the cure requires more than ten (10} days, immediately initiates 'steps vbh(ch 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'$ RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on title Note and all accrued unpaid interestimntedlately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. LerWar may hire or pay someone also to help collect this Note If Borrower does not pay. Borrower will pay Lander 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 attomays. "fass; expenses for bankruptcy proceedings (including efforts to modify or vacate any auwmetlo stay or Injunction); and appeals. If not prohibited by applicable law, Borrower also will pay any court. coats, In addition to all'ochei sums provided by low. JURY WAIVER. Lander and-Borrower here to any jury Vial in any action, procoading, or counterclaim brought by either Lender or Borrower sgalnst rite other. (Initial Hare } GOVERNING .LAW. This Note we be governed by, construed and enforced In accordance with federal low and the laws of the Commonwealth of Pennsylvania. This Not* has been accepted by Under 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 FEW. 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, Lander reserves a right of astoff In all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes .all accounts Borrower holds jointly with someone also 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 Lander, 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 t st mortgage Ron on 460 Brantwater Road, Camp Hill, Cumberland County, Pennsylvania, assignment of rents. 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 RECORD INFORMATION 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, ANO OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SFE YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS. CALL OPTION. The Bank shall have a call option which may be exercised to be. effective on each fifth.annivereary of the date of closing, subject to ninety (90) dogs advance written notice to Borrower advising the Bank's election to call the obligation due. 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 Lander 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 extent allowed by taw, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether so maker, guarantor, accommodation maker or endorser, shall be released from liability. AD such parties agree that Lander may renew or extend (repeatedly and for any length of tame) this losn'or release any party gr guarantor or collaterel; or Impair, fell to realize upon or perfect Lender's security Interest in the collateral;. and take any other action deemed, necessary by'Lander without the consent of or notice to anyone. All such parties also agree that Lander may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable, it will not effect 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 WITWOR 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 _ PROMISSORY NOTE Loan No: 1500060750 (Continued) Page 3 COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY. BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OP'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 AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VAFJABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERM8 OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GtM UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. SOR l n e as LENDER: INTEGRITY BANK X -ARGrlnd M91 W IAMRIIIO IrMM.Vw.6M.040101'.M?. NIMMIM?IMYMWni Mia,LI/, WOL NIfN Ywn/. -PA S(AMPUMM 7"N Mll B WHEN RECORDED MAIL TO: Integrity Bank Camp HE Office 3346 Market Street Camp Hill, PA 17011 EGLER '.pl JUL .I `l fit,,, 18 ra reef aig -do -- I= _ OW FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE dated July 8, 2004, is made and executed between CONSTANTINE N. GEKAS and Even N. Gekes, whose address Is 48 S. Terrace Road, Wormleysburg, PA 17043 (referred to below as "Grantor") and Integrity Bank, whose address is 3345 Market Street, Camp Hill, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and Interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all streets, lanes, alleys, passages, and ways; all sawments, rights of way, all liberties, privileges, tenements, hereditamenta, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; ail water, water rights, watercourses and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property, including. without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as If fully set forth herein. The Real Property or Its address Is commonly known as 460 Brentwater Road, Camp HUI, PA 17011. Grantor presently assigns to Lender all of Grantor's right, title, and Interest in and to dl present and future leases of the Property and all Rents from the Property. In addition, Grantor brents to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 6160,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor wahres all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any motion against Grantor, Including a claim for deficiency to the extent Lender Is otherwise entitled to a claim for deficiency, before or after lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (s) this Mortgage is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis Information about. Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage Is lent to Borrower to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Borrower shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property, Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compgartos With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened raise" of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or $?iaS73PG.272 MORTGAGE (Continued) Page 2 threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lander In writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the. Mortgage. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or Kablilty on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence In Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any fitture claims against Lender for indemnity or contribution In the event Grantor becomes liable for cleanup or other costa under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabli(t(es, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest In the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to Indemnify, shell survive the payment of the Indebtedness and the satisfaction and reconveyence of the lien of this Mortgage and shell not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance, Weate. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Remove) of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Gevsmmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without Imitation, the Americana With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, In Lender's sole opinion, Lender's interests In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the Interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Property is not jeopardized, If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (16).days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lion. In any contest, Grantor shell defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materiatmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds 61,000.00, Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of ptwrance: Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability Insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability Insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boller insurance as Lender may require. Policies shell be written by such Insurance companies and In such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from 011 UN-18-73K TO MORTGAGE (Continued) Page 3 each insurer containing a stipulation that coverage will not be cancelled or diminished without a rrdnimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each Insurance policy also shall include an endorsement providing that coverage in favor of Lander will not be impaired in any way by any act, ornission or default of Grantor or any other person. Should the Reel Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 46 days after notice Is given by Lender that the Property is located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior gene on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Apploodan of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds 41,000.00. Lender may make proof of loss If Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lander elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shag be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shag be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lander deems appropriate, including but not limited to discharging or paying all taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Lander for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title Insurance policy, title report, or final title opinion Issued In favor of, and accepted by, Lander in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the Merest of Lander under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate In-the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. , Survival of Representations and Wanandes. Ali representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedhp. if any proceeding in condemnation is filed, Grantor shell promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lander shall be entitled to participate in the proceeding end to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lander such Instruments and documentation as may be requested by Lander from time to time to permit such participation. AppOcadon of Net Proceeds. If ell or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The not proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees Incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shag reimburse Lander for all taxes, as described below, together with all expanses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. 1'.873PG2744 MORTGAGE (Continued) Page 4 Texas. THe following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above In the Taxes and Lions section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Sscurlty Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lender to perfect and continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shag reimburse Lender for all expenses incurred In perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender to the extant permitted by applicable law. Addresses. The ma)Ang addresses of Grantor (debtor) and Lander (secured party) from which Information concerning the security interest granted by this Mortgage may be obtained {each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATION& The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances, At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refilled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may doom appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) ? the liens and security interests created by this Mortgage as first and prior lane on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Addkkx al Authorization. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It Is understood that nothing set forth herein shalt require Lender to take any such actions. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest In the Rents and the Personal Property. Grantor will pay, If permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Borrower fails to make any payment when due under the indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lion. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading In any materiel respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collataralb adon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Death or Insolvency. The death of Borrower or Grantor, the Insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Crodltor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, Rt-.t 8-73A 27.4 5 MORTGAGE (Continued) Page 5 repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lander. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lander that Is not remedied. within any grace period provided therein, Including without limitation any agreement concerning any Indebtedness or other obligation of Borrower or Grantor to Lander, whether existing now or later. Events Affecting Guarantor. Any of the preceding everts 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. 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 Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself Insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within ten (101 days; or (2) if the cure requires more than ten (10) days, immediately Initiates steps which Lander deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lander, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness, Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness Immediately due and payable. UCC Remedles. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rants. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and, with or without taking possassion of the Property, to collect the Rents, including amounts past due and unpaid, and apply the not proceeds, over and above Lander's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lander to endorse instruments received In payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lander in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lander may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lander shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the coat of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lander's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall riot disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's Interest In all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lander of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage vadfled by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudidel Sale. If permitted by applicable law, Lender may foreclose Grantor's Interest in all or In any part of the Personal Property or the Real Property by nonAudiclal sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Ra nedles. Lander shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shell be free to sell all or any part of the Property together or BOX" t 873PG2 7.46 MORTGAGE (Continued) Page 6 separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least tan (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lander to pursue any remedy shall not exclude -pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shag not affect Lander's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shag be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lander to proceed directly against Grantor and/or Borrower and/or against any other oo-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shell be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lander's opinion are necessary st any time for the protection of its interest or the enforcement of its rights shall become a part of the indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, `including attorneys' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postaudgment collection services, the cost of searching records,. obtaining tide reports (including foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall bei effective when actually delivered, when actually received by telefacsimile {unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any ken which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address, Unless otherwise provided by applicable law, If there is more then one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shag be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shag furnish to Lander, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year In such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to Interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender In the Commoniveakh of Pennsylvania. Choke of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Joint and Several Liabkky. All obligations of Borrower and Grantor under this Mortgage shag be joint and several, and all references to Grantor shag mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below Is responsible for all obligations in this Mortgage. No Waiver by Linder. Lender shall not be deemed to have wahred any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shag not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances where such consent Is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabflity. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that fending shall not make the offending provision illegal, Invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the Illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate In the Property at any time held by or for the benefit of Lander in any capacity, without the written consent of Lender. BK: ?1.873PG2747 MORTGAGE (Continued) Page 7 Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and amWs, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence In the performance of this Mortgage. Waive Jury. Ali parties to this Mortgage h are T i 'fiI 191" to any Jury trial in any notion, proceeding, or counterclaim brought by any party against any other party. flnidal Hero T I IIE M*MiliiI i ? N:i'i DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined In this Mortgage shall have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The word "Borrower" means Evan N. Gekas and includes all cc-signers and co-makers signing the Note. Default. The word "Default" means the Default set forth in this Mortgage In the section titled "Default'. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of haxnan health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage In the events of default section of this Mortgage. Grantor. The word "Grantor" means CONSTANTINE N. GEKAS and Evan N. Gekes. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without Iimitatlon a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used In their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lander to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided In this Mortgage. Lender. The word 'Lander" means Integrity Bank, Its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, Note. The word 'Note" means the promissory note dated July 9, 2004, in the originals principal amount of $160,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any eels or other disposition of the Property. Property. The word 'Property' means collectively the Real Property and the Personal Property. Real Property. the words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documsrrts. The words `Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and facture rents, revenues, income, Issues, royalties, profits, and other benefits derived from the Property. B 1.'8_73FG27:148 MORTGAGE (Continued) Page 8 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN CINDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE NS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A WALED INSTRUMENT ACCORDING TO LAW. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Intsprity Bank, herein is as follows: Camp Hill Office, 3346 Market Street, Camp Hill, PA 17011 A y or Agerrt for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 )SS COUNTY OF ??/ LL//J? 1 n this, th day of 20 yT before me the undsrsign d Ncj*y Public, personally appeared CONSTANTI NE N. GEKAS and Even N. es, k wn to me ( satisfactorily proven) to be the person wh ee names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offiolal seal. NOTARIAL SEAL . •.. '.i n a t JAMES A MILLER, Notary Public Notary Public in end r the State of Born of Came HG, OWId Land County, PA MY COXWesron Expires April 30, 2W6 LAM P U 0% W, 6Ka"M a... IWni M, 1M7, 9W. M W*ft ll„a" • M CAMOU00MC IIFMi M13 s r' _L Sche( ule C - Land Description Number IA 2004-257-C ALL that certain lot or "parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the western line of Brentwater Road as shown on the hereinafter mentioned plan of lots on the dividing line between pots Nos. 4 and 5 as shown on said plan, said point being 288.98 feet measured southwardly along the western line of Brentwater Road from the southern extremity of the arc or curve con- necting the western line of Brentwater Road and the southern line of Putter Lane as shown on said plant thence along said dividing line between said Lots Nos. 4 and 5, South 69 degrees - ll minutes West, 212.79 feet to Lot No. 16 as shown on said plant thence along the eastern line of said Lot No. 16, South 35 degrees 15 minutes East, 100.17 feet to Lot No. 6 as shown on said plan; thence along the northern line of said Lot No. 6, North 64 degrees 15 minutes East, 213 feet to Brentwater•Road; thence along the western line of Brent- water Road, North 35 degrees West, 104'feet to the•point or place of BEGINNING'. BEING Lot No. 5 'as shown on the Plan of Brentwood-Section "A" said plan being recorded ih the Cumberland County Recorder's office in Plan Book 6, Page E."K 1$7 3 PG.2•7-5.0 I 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. ?U"b(aj Gary G. Kli as Vice President of Integrity Bank co FIL???-w rr?G'? OF THE P" u'°7HIONOTAP.Y 2009 AUG 21 PM 1: 0 3 FE`Jr YVMA +W-50 PO ATT4 uq 681 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFFCE( F ' °-ERIFF FLED { "4 OF T! "c 2009 SQU - ! Ali : 4 ! Edward L Schorpp Solicitor Integrity Bank vs. Kirk S. Sohonage Case Number 2009-5780 SHERIFF'S RETURN OF SERVICE 08/25/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kirk S. Sohonage, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 08/27/2009 10:58 AM - Dauphin County Return: And now August 27, 2009 at 1058 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kirk S. Sohonage by making known unto Chad Bogar, adult in charge at Schutjer Bogar LLC 4th Floor, 417 Walnut Street Harrisburg, PA 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, August 31, 2009 R THOMAS KLINE, SHERIFF tfVC9 Of 111 e ,'9 vrr Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin INTEGRITY BANK Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS KIRK S SOHONAGE, ES')UJJ I Sheriff s Return No. 2009-T-2316 OTHER COUNTY NO. 095780 And now: AUGUST 27, 2009 at 10:58:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon KIRK S SOHONAGE, ESQUIRE by personally handing to CHAD BOGAR 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at SCHUTJER BOGAR I,LC 4TH FLOOR, 417 WALNUTSTREET HARRISBURG PA 17101 ATTORNEY Sworn and subscribed to before me this 27TH day of August, 2009 NOTARIAL SLAL E JANE SNYDER, Notary Public ighspire. Dauphin Countv mmission Ex Tres Seoul, 2010 So Answers, kae';c_ Sheriff of Dauphin Co ty a. By- Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 8/26/2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Integrity Bank vs. Schutjer Bogar, LLC 417 Walnut Street, 4th Floor Harrisburg, PA 17101 Civil No. 2009-5780 Now, August 25, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ? ` Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to the contents thereof. Sworn and subscribed before me this day of 120 copy of the original So answers, Sheriff of COSTS SERVICE_ MILEAGE_ AFFIDAVIT County, PA 20 , at o'clock M, served the ., '` ''?, f. INTEGRITY BANK, Plaintiff V. CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA IN MORTGAGE FORECLOSURE NO: 09 - 5780 Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT UPON EVAN N. GEKAS Integrity Bank, et. al., Plaintiff(s) VS. Constantine N. Gekas, et. al., Defendant(s) Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 APS File #: 098802-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on: McNEES, WALLACE & NURICK --Evan N. Gekas Ms. Charmaine Y. O'Hara Court Case No. 09-5780 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 State of:g}? ) ss. County of: Fulton ) Name of Server: Donnie Q. Briley , undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Date/Time of Service: that on the 30th day of August , 20 09 at 5: 40 o'clock P M Place of Service: at 1045 Laurian Park Drive in Roswell GA 30075 Documents Served: the undersigned served the documents described as: Complaint Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Evan N. Gekas Person Served, and Method of Service: Jck By personally delivering them into the hands of the person to be served. L By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she resides with Evan N. Gekas at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex m; Skin Color ; to ; Hair Color rla,-k Facial Hair Approx. Age 45 Approx. Height 5'10" ; Approx. Weight 200 [ To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Unders' ed dec res under penalty of perjury Subscribed and sworn to before me this that e foregoi is true and co ect. 2nd ttof,,,,,,, September , 20 09 Signature of Server fot$ry Paffilic F ommission Expires) APS International, Ltd. Oir'FS lei 0?''. ?i??, '?^I fuf Iii. i'; ???` • 34653 FILED-.y OF THE PP,'*" Y 2009 SEE IS PH 2: 18 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant IN MORTGAGE FORECLOSURE NO: 09 - 5780 Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT UPON CONSTANTINE N. GEKAS r 9/1/2009 10:19 AM FROM: Civil Action Group Civil Action Group TO: +1 (602) 2588864 PAGE: 019 OF 020 Integrity Bank, et. al., Plaintiff(s) VS. Constandne N. Gekas, et. al., Defendant(s) McNEES, WALLACE & NURICK Ms. Cbarmaine Y. O'Hara 100 Pine St. P.O. Box 1166 Harrisburg, PA 17108-1166 Service of Process by APS International, Ltd. 1-800-328-7171 APs t?gnNATIOKAL APS International Plan 7800 Clenroy Rd. Minneapolis, MN 55439-3122 APS File #: 0"754-0002 AFFIDAVIT OF SERVICE - Individual Service of Process on: --Constantine Gekas, a/k/a Dean Gekas Court Case No. 09-5780 _ v W State of. .?9 ) ss. County of: Name of Server: , undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; DatelThue of Service: that on the iS+ day of ?- , 20 CEI, at 8 ,L o'clock P-M Place of Service: at 13607 East Geronimo Road , to Scottsdale, AZ Documents Served: the undersigned served the documents described as: Complaint Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Constantine Gekas, a/k/a Dean Gekas Person Served, and By personally delivering them into the hands of the person to be served. Method of Service: By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she resides with Constantine Gekas, a/k/a Dean Gekas at the place of service, and whose relationship to the person is: Description of Person The person receiving do ments is described as follows: Receiving Documents: Sex M; Skin Color; Hair Color ekLcrh . ; Facial Hair Approx. Age 0* Approx. Height St go' ; Approx. Weight I?L To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury SubsarAbed and sworn to before me this that t foregoing is true and correct. YOda of Se 20 AA A- r ?? Si ature of Server Not blic (Commission Expires) APS International, Ltd. 4K9 SEAL LOREZ C•ARIZONA COUNTY eb. 25, 2010 CF THr- Fr i?.,{?, `?7 ?Y 2009 SEP 15 P 2: 18 CUNAll- Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendant, Evan K. Gekas INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5780 Civil Term CONSTANTINE N. GEKAS and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant ANSWER TO COMPLAINT WITH NEW MATTER AND NOW COMES, Evan N. Gekas, by and through his counsel, Law Offices of Craig A. Diehl, answering the Complaint in Mortgage Foreclosure as follows: The Parties 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted Jurisdiction and Venue 5. Admitted. 6. Admitted. Factual Background 7. Admitted 8. (erroneously shown as 6) Admitted. 9. (erroneously shown as 7) Admitted. 10. (erroneously shown as 8) Denied. Borrower, Evan N. Gekas, has no legal obligation to maintain the Real Property in a tenantable condition, to perform repairs, replacements and maintenance, and has not abandoned the Real Property. By way of further answer, the Real Property was conveyed to Kirk Sohonage, Trustee by a Deed dated February 4, 2008, which has never been recorded in the public records of Cumberland County, Pennsylvania. Based on this conveyance and notwithstanding the fact that the Deed has not been recorded by the Court appointed Trustee, Evan N. Gekas has no legal duty to address these issues. 11. (erroneously shown as 9) Denied. The default notice mailed to Defendant, Evan N. Gekas, is erroneous in that the Real Property was conveyed on February 4, 2008 from Evan N. Gekas to a Court appointed Trustee. 12. (erroneously shown as 10) Denied. Borrower, Evan N. Gekas, has no legal right to even access the Real Property since he is no longer an owner of the Real Property. By way of further answer, the Trustee has failed to cure the noted defaults. 13. (erroneously shown as 11) Denied. Since the Deed has been executed and delivered to the grantee (Kirk Sohonage, Trustee), the recording of the Deed is not essential to establish its validity and title passed upon delivery of the Deed without it being recorded. 14. (erroneously shown as 12) Admitted. 15. (erroneously shown as 13) Denied. Since the Borrower, Evan N. Gekas, cannot cure any alleged nonmonetary defaults by reason of lacking an ownership interest in the Real Property, the default taken by Plaintiff is unjust and inequitable. 16. (erroneously shown as 14) Admitted. 17. (erroneously shown as 15) Admitted. Count I - Mortgage Foreclosure 18. (erroneously shown as 16) Denied. No responsive pleading is required. 19. (erroneously shown as 17) Admitted. 20. (erroneously shown as 18) Denied. The Trustee is to be professionally marketing the Real Property to allow the Bank to satisfy its indebtedness. WHEREFORE, Evan N. Gekas, respectfully requests dismissal of this suit. NEW MATTER 21. Defendant, Evan N. Gekas, was a silent partner with his brother, Constantine N. Gekas, as it pertained to this Real Property transaction and the overall maintenance of the home since he resided in Roswell, Georgia. 22. The execution of the Deed by Defendant, Evan N. Gekas, transferring the Real Property to Kirk Sohonage, Trustee, was done solely to assist in resolving a criminal matter filed against his brother, Constantine N. Gekas, the former co- owner of the Real Property. 23. The Real Property was to be sold pursuant to a Court Order in a case involving Defendant Constantine N. Gekas, on or before November, 2008. 24. Despite the Real Property not being sold by November, 2008, and currently still not under contract to be sold, Defendant, Evan N. Gekas, solely paid the monthly mortgage payment on a timely basis and for the proper amount to Integrity Bank through August, 2009. 25. Due to the commencement of this mortgage foreclosure proceeding by Integrity Bank for a nonmonetary default, it would be fruitless for Defendant, Evan N. Gekas, to continue paying the monthly mortgage payment since he cannot control or cure the nonmonetary default. 26. Since the execution of the Deed, Defendant, Evan N. Gekas, has been at the mercy of the Court appointed Trustee to sell the Real Property. 27. The apparent inability of the Trustee to adequately maintain the Real Property which has resulted in this foreclosure proceeding has inequitably and unjustly caused adverse effects on Evan N. Gekas' creditworthiness. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: /01/174 By Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant, Evan N. Gekas VERIFICATION I, Evan N. Gekas, Defendant above-named, being duly sworn according to law, deposes that the facts set forth in the foregoing Answer to Complaint with New Matter are true, as I verily believe. Date: 9/21/09 Evan N. Gekas CERTIFICATE OF SERVICE AND NOW, the Rd _ day of September, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing Answer to Complaint with New Matter was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Clayton W. Davidson, Esquire McNees Wallace & Nurick, LLC P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Plaintiff e r4 L A. Fike, Legal Secretary OF THE F? 2009 SEP 24 PM 12: l e r # INTEGRITY BANK, Plaintiff V. : CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09 - 5780 Civil Term PRAECIPE TO ENTER DEFAULT JUDGMENT To: Prothonotary Pursuant to Pa.R.Civ.P. No. 1037(b)(1), you are directed to enter default judgment against Constantine N. Gekas, Defendant and Kirk Sohonage, as the Trustee for Constantine N. Gekas, Terre Tenant, only. The amount due and owing is itemized as follows: Principal: Interest: Satisfaction Fee: $138,075.77 $ 129.94 $ 134.00 TOTAL: $138,339.71* *ALONG WITH INTEREST ACCRUING AT THE PER DIEM RATE OF $16.30, COSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL. I hereby certify that on September 17, 2009, Plaintiff provided to Kirk Sohonage, as the Trustee for Constantine N. Gekas, Terre Tenant, written notice of its intention to file this Praecipe for Entry of Default Judgment in according with Pa. R. Civ. P. 237.1. Attached hereto as Exhibit "A" is a true and correct copy of the Notice of Intent transmitted to Kirk Sohonage. Attached hereby as Exhibit "B" is the original Certificate of Mailing evidencing the transmittal of the Notice to Kirk Sohonage. I hereby certify that on September 22, 2009, Plaintiff provided to Constantine N. Gekas, Defendant, written notice of its intention to file this Praecipe for Entry of Default Judgment in according with Pa. R. Civ. P. 237.1. Attached hereto as Exhibit "C" is a true and correct copy of the Notice of Intent transmitted to Constantine N. Gekas. Attached hereto as Exhibit "D" is the original Certificate of Mailing evidencing the transmittal of the Notice to Constantine N. Gekas. McNEES WALLACE & NURICK LLC 3 By: VDDNNo.. Clayton W. n PA Attorney 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidson@mwn.com Attorneys for Plaintiff, Integrity Bank Date: October 71 2009 INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant NO: 09 - 5780 Civil Term CERTIFICATE OF RESIDENCE I hereby certify that the last-known address of the Defendant Constantine N. Gekas and the Terre Tenant are as follows: Constantine N. Gekas, 13607 East Geronimo Road, Scottsdale, AZ 85259 Kirk S. Sohonage, Esq., Schutjer Bogar LLC, 417 Walnut Street, Harrisburg, PA 17101 McNEES WALLACE & NURICK LLC By: ????/ rte- `---,?- Clayton W.'Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidson@mwn.com Attorneys for Plaintiff, Integrity Bank Date: October 7, 2009 A INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant NO: 09 - 5780 Civil Term To: Kirk Sohonage, As Trustee for Constantine N. Gekas, Terre Tenant Date: Member 17, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO Exhibit A PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By: (/L Clayton W. Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidson@mwn.com Attorneys for Plaintiff, Integrity Bank -2- U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE U FO ESTIC AND INTERNATIONAL MAIL, DOES NOT 5-2, PROVIDE CE-POSTMASTER 7 Received F Melees Wallace Nurick attorneys at laLLf w P.O. BOX 1166. 100 Pnw SME, y,r eeuAC+, PA 17105 77 One piece of ordinary mail addressed to'. 4 Kirk S. Sohona e, Es 'u Schut'er Bo gar LLC U, 1 Walnut Street Harrisburg, PA 17101 PS Form 3317. January 20U1 C) m to ° ° rN 0 •? W ?a Z W s ? v> q I u' U7 N 0 (Do INtI o 0 W a 0 U CL ru 0 X U- 0 J d Exhibit B INTEGRITY BANK, V. Plaintiff CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant To: Constantine N. Gekas, Defendant Date: September 22, 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 09 - 5780 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO Exhibit C PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC . C ayton W. Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 edavidson@mwn.com Attorneys for Plaintiff, Integrity Bank -2- U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Recei?r s? attorneys at taw a Q?tMUlto PA 1710&11 t One piece of ordinary mail addressed to: Constantine N. Gekas / 13607 East Geronimo Road Scottsdale, AZ 85259 PS Form 3817, January 2001 C o D o rJ o_ Q rnD T N to ."Q N i cn N_ (n 49 MO aa? C UwrFo IV, 9 2 n C N Exhibit D Certificate of Service The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe was served by regular, first-class mail, postage prepaid, upon the following: Craig A. Diehl, Esq. Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 Attorney for Evan N. Gekas Constantine N. Gekas 13607 East Geronimo Road Scottsdale, AZ 85259 Kirk S. Sohonage, Esq. As Trustee for Constantine N. Gekas Schutjer Bogar LLC 417 Walnut Street Harrisburg, PA 17101 Date: October 7, 2009 layt . Davidson RLED-0FRO? rE OF 'fit ?'^,?,ff.? :, it Nl f.7TAPY 2009OCT -8 A? i!:'1 2 414. 00 Pb P07, CrIt 18gau P-r# aal4a, lea. kjac-w INTEGRITY BANK, Plaintiff V. CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09 - 5780 Civil Term NOTICE OF ENTRY OF JUDGMENT To: Constantine N. Gekas, Defendant You are hereby notified that on October , 2009, default judgment has been entered against you in the above-captioned case as follows: Principal: $138,075.77 Interest: $ 129.94 Satisfaction Fee: $ 134.00 TOTAL: $138,339.71 *ALONG WITH INTEREST ACCRUING AT THE PER DIEM RATE OF $16.30, COSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL. Date: 1Dl8/Oq Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: Constantine N. Gekas 3607 East Geronimo Road Scottsdale, AZ 85259 McNEES WALLACE & NURICK LLC By: (. ilZG ?? GL _- Clayton W. Davidson 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidsonna,mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, Plaintiff V. CONSTANTINE N. GEKAS, and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee For Constantine N. Gekas, Terre Tenant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09 - 5780 Civil Term NOTICE OF ENTRY OF JUDGMENT To: Kirk Sohonage, as the Trustee for Constantine N. Gekas, Terre Tenant You are hereby notified that on October , 2009, default judgment has been entered against you in the above-captioned case as follows: Principal: Interest: Satisfaction Fee: TOTAL: $138,075.77 $ 129.94 $ 134.00 $138,339.71* *ALONG WITH INTEREST ACCRUING AT THE PER DIEM RATE OF $16.30, COSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL. Date: /0/8/0`) s g )?. Prothonota I hereby certify that the name and address of the .. ¦ proper person to receive this Notice is: Kirk S. Sohonage, Esq. Schutjer Bogar LLC 417 Walnut Street Harrisburg, PA 17101 McNEES WALLACE & NURICK LLC By: C ? hb,67?? Clayton avidson 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidsonAmwn.com Attorneys for Plaintiff, Integrity Bank . ~ ~ ^- C~JAL INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CONSTANTINE N. GEKAS and n ~ o o :~ ^'-` , EVAN N. GEKAS, -,-, ~, ~~,~, ~ ~ r-~,~ Defendants -~ - ~ ~ ~ ~ ~ C7 KIRK SOHONAGE as the Trustee ~ ~ n•' ~~ For Constantine N. Gekas, ~ ~ Terre Tenant NO: 09 - 5780 Civil Term PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court on March 31, 2010 1. State the Matter to be Argued: Plaintiffs Motion for Summary Judgment. 2. Identify all counsel who will argue the case: (a) For Plaintiff: Dana M. Windisch, McNees Wallace & Nurick, LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pennsylvania 17108. (b) For Defendant: Craig A. Diehl, Esquire, Law Offices of Craig A. Diehl, 3464 Trindle Road, Camp Hill, PA 17011. I, Dana M. Windisch, will notify all parties in writing within two days that this case has been listed for argument. 3. Argument Court Date: March 31, 2010 ~ , Dana M. Windisch Dated: March ~ , 2010 ~ h ~ i CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first class mail, postage prepaid upon the following: Craig A. Diehl, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 ~- , Dana M. Windisch Counsel for Plaintiff Dated: March ~, 2010 FfLE~ ,- 20i0 J~i;d -9 ~,~ 3: ~~3 ~~~v;r' ;~ ~. ~.;'..iiV~ PERSUN &HEIM, P.C. Lloyd R. Persun, Esquire Identification No. 10139 P.O. Box 659 Mechanicsburg, PA 17055-0659 (717) 620-2440 (717) 620-2442 (fax) INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : CONSTANTINE N. GEKAS and EVAN N. GEKAS, No. 09-5780 Civil Term Defendants . v. : KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant PRAECIPE FOR WRIT OF EXECUTION -MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in this case. Si nature: '~ g Name: oyd R. Persun, Esquire Identification No. 10139 Address: PERSUN &HEIM, P.C. P.O. Box 659 Mechanicsburg, PA 17055-0659 Telephone: (717) 620-2440 Date: June 9 , 2010 Attorney for: Plaintiff 17063v1 3 y.'~- Co s~l ~~' . „ r( ~y,~ ~~ , ~ /~l. a° a.SU _ n ' l ~.C~b ,eta ~ ~3 ~~~ Judgment amount $ 138,339.71 Interest 8-14-09 to 6-9-10 4,873.70 Attorneys' fees & expenses to 6-9-10 6,000.99 Real estate taxes 13,319.64 Prothonotary's costs Sheriff's costs Subtotal $ ,plus interest after 6-9-10 at the rate of $16.30 per day, all attorneys' fees & expenses after 6-9-10 and all costs and other charges as provided in the Note and the Mortgage INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : CONSTANTINE N. GEKAS and EVAN N. GEKAS, No. 09-5780 Civil Term Defendants thereon or affixed thereto. DATE: ~~ To satisfy the judgment, mteres d costs in the ve-captioned case, you are directed to levy upon and sell the real property describ m e attached description and all improvements v. : KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant : WRIT OF EXECUTION -MORTGAGE FORECLOSURE CO ONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF BERLAND ) TO THE SHERIFF OF C ERLAND COUNTY: Prothonotary By: ~ Deputy 17064v1 `. ALL that certain lot ar'paroel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wits BEGINNING at a point in the western .line of Brentwater Road as shown on the hereinafter mentioned plan of lots on the dividing line between hots Nos. 4 and S as shown on said plan, said point being 288.98 feet measured southwardly al.ong•the western line of Brentwater Road from the southern extremity of the arc or curve con- necting-the-western line of Brentwater Road and-the southern line of Putter Lane as shown on said plan? thence .along said dividing line between said Lots Nos. -4 and 5, South 69 degrees~ll minutes West, .212.79 feet to Z,ot No. 1'6 as shown on said plan? thence along the eastern line of said Lot No. 16, South 35 degrees 15 minutes East, 100.17 feet to Lot No. 6 as shown on said plan; thence along the northern line of said Lot No. 6, North 64 degrees 15 minutes East, 213 feet to Brentwater•-Road; thence slang the western line of Brent- water Road, North 35 degrees Wast, ].04 feat to the ,point or place of BEGINNING'. BEING Lat No. 5~as shown on the Plan of Brentwood-Section "A" said plan being recorded ih the Cumberland County Recorder's Office in Plan Book 6, Page '45 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5780 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 AND EVAN N. GEKAS -KIRK SOHONAGE AS THE TRUSTEE FOR CONSTANTINE N. 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 $138,339.71 L.L. $.50 Interest 8/14/09 TO 6/09/10 - $4,873.70 Atty's Comm % Due Prothy $2.00 Atty Paid $170.44 Other Costs ATTORNEY'S FEES & EXPENSES TO 6/9/10 - $6,000.99 AND REAL ESTATE TAXES - $13,319.64 Plaintiff Paid Date: JUNF, 9, 2,010 {Seal) "~ . Buell, Proth notary By: ItEQ1JESTIlaG PARTY: Name I.LI~~'D I~. PERSUN, ESQUIRE Address: PERSJN & HEIM, P.C. P.O.BOX 659 MECHANICSBURG, PA 17055-0659 Attorney for: PLAINTIFF Deputy Te 1 ephone: 7l 7-620-2440 Supreme Court ID No. 10139 INTEGRITY BANK, Plaintiff v. CONSTANTINE N. GEKAS and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5780 Civil Term n ~ `~- r~. ,15~~ ~ _ ~ ~ ~- _ ~~ - =~ w AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff, sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 460 Brentwater Road, East Pennsboro Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto, together with all buildings, structures and improvements of every kind erected thereon: 1. The names and addresses of the owners or reputed owners: Constantine N. Gekas 13607 East Geronimo Road Scottsdale, AZ 85259 Evan N. Gekas 1045 Laurian Park Drive Roswell, GA 30075-7306 Kirk S. Sohonage, Esquire as Trustee for Constantine N. Gekas Schutjer Bolgar LLC 417 Walnut Street Harrisburg, PA 17101 t 2. The names and addresses of the Defendants in the judgment: Constantine N. Gekas 13607 East Geronimo Road Scottsdale, AZ 85259 Evan N. Gekas 1045 Laurian Park Drive Roswell, GA 30075-7306 Kirk S. Sohonage, Esquire as Trustee for Constantine N. Gekas Schutjer Bolgar LLC 417 Walnut Street Harrisburg, PA 17101 3 4. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity Bank 3314 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Clerk of Courts Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Borough of Wormleysburg Borough Hall 20 Market Street Wormleysburg, PA 17043 Dove Mortgage, LLC 25505 Halburton Road Beachwood, OH 44122 Township of East Pennsboro 98 South Enola Drive Enola, PA 17025 Dove Mortgage, LLC c/o Clayton W. Davidson, Esquire McNees Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 The name and address of the last recorded holder of every mortgage of record: Integrity Bank Susquehanna Bank, formerly 3314 Market Street Community Banks Camp Hill, PA 17011 2796 Old Post Road Harrisburg, PA 17110 2 5. The name and address of every other person who has any record lien on the property: Cumberland Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (Delinquent real estate taxes) 6. The 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 found. 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: Lois M. Jasek, individually, as surviving Trustee U/A 4-12-68 as amended and reinstated and as Executrix of the Estate of Chester J. Jasek, deceased a/k/a Lois Gumbert Jasek 460 Brentwater Road Camp Hill, PA 17011 Lois M. Jasek a/k/a Lois Gumbert Jasek c/o Richard Charles Rupp, Esquire 355 North 215 Street, Suite 201 Camp Hill, PA 17011 Lois M. Jasek, individually, as surviving Trustee U/A 4-12-68 as amended and reinstated and as Executrix of the Estate of Chester J. Jasek, deceased a/k/a Lois Gumbert Jasek c/o Herbert G. Rupp, Esquire Apt. 111 Oakhurst Boulevard - 4700 Harrisburg, PA 17110 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, 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. y .~ Gary G. Klick ice President Date: June , 2010 i ~os9~ i 4 ALL that certain lot cr~garael of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, moxe particularly bounded and described as follows, to wits BEGINNING at a point in the western line of Brentwater Road as shown on the hereinafter mentioned plan of lots on the dividing line between Lots Nos. 4 and 5 as shown on said plan, said point being 288.98 feet measured sauthwardly along the western line of Brentwater Road from the southern extremity of the arc or curve con- necting the-western line of Brentwater Road and -the southern line of Putter Lane as shown on said plant thence .along said dividing line between said Lots Nos. .4 and 5, South 69 degrees•11 minutes West, .212.79 feet to 2,ot No. 1'6 as shown on said plan? thence along the eastern line of said Lot No. 16, South 35 degrees 15 minutes East, lOD.l? feet to Lot No. 6 as shown on said plan; thence along the northern line of said Lot No. 6, North 64 degrees 15 minutes East, 213 feet tb Brentwater•Road; thence along the western line of Brent- water Road, North 35 degrees West, ].09'Peet to the .point or place of BEGINNING'. BEING Lot No. 5•as shown on the Plan of Brentwood-Section "A" said plan being recorded ih the Cumberland County Recorder`s Office in Plan Book 6, Page '45 Exhibit "A" . ,. ..+ INTEGRITY BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS and EVAN N. GEKAS, Defendants No. 09-5780 Civil Term V. KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: C N c? ,~} c~ ~ T ~ = tw, ~, _ i=. • "'. . ~ r ~!{ ~. That a Sheriff s Sale of Real Property (Real Estate) and all improvements thereon or affixed thereto will be held in the Cumberland County Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on September 8, 2010 at 10:00 a.m., prevailing time. THE REAL ESTATE TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATION of the property to be sold is: 460 Bentwater Road, East Pennsboro Township, Cumberland County, Pennsylvania 17011 Parcel Number: 09-20-1850-044 THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: NO. 09-5780 . ,, THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE: CONSTANTINE N. GEKAS EVAN N. GEKAS KIRK SOHONAGE as the Trustee for Constantine N. Gekas A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE 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 Cumberland 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 Sheriff s Sale you may file a petition with the Court of Common Pleas of Cumberland 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. 2 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 Cumberland 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, Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is available from the Cumberland County Prothonotary or Sheriff. SHERIFF OF CUMBERLAND COUNTY »oz9~~ 3 ALL that certain lot or'•paroel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more partioularly bounded and described as follows, to witr BEGINNING at a point in the western line of Brentwater Road as shown on the hereinafter mentioned plan of lots on the dividing line between hots Nos. 4 and 5 as shown on said plan, said point -being 288.98 feet measured southwardly along •the western line of Brentwater Road from the southazn extremity of the arc or curve con- necting the-western line of Brentwater Road and the southern line of Putter Lane as shown on said plan? thence along said dividing line between said Lots Nos. 4 and 5, South S9 degrees•11 minutes West, • .212.79 feet to Lot No. 1'6 as shown an said plan; thence along the eastern line of said Lot No. l6, South 35 degrees 15 minutes East, 1DD.17 feet to Lot IJo. 6 as shown on said plan; thence along the northern line of said Lot Na, 5, North 64 degrees 15 minutes East, 213 feet tb Brentwater~Road; thence along the western line of Brent- water Road, North 35 degrees West, ].09 Pest to the ,point or place of BEGINNING', BEING Lot No. 5•as shown on the Plan of Brentwood-Section "A" said plan being recorded ih the Cumberland County Recorder`s Office in Plan Book 5, Page '45 Exhibit "A" r o,F:? 7"he A,&ryAtibT,y. sa2? Co Y/ PERSUN & HEIM, P.C. Lloyd R. Persun, Esquire Identification No. 10139 P.O. Box 659 Mechanicsburg, PA 17055-0659 (717) 620-2440 (717) 620-2442 (fax) INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS and EVAN N. GEKAS, No. 09-5780 Civil Term Defendants V. KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant RETURN OF SERVICE Lloyd R. Persun, being duty sworn according to law, deposes and says that on August 3, 2010 he caused to be served by United States Mail, First Class, postage prepaid, an envelope containing the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof, on each of the following addressed as follows: Integrity Bank 3314 Market Street Camp Hill, PA 17011 Borough of Wormleysburg Borough Hall 20 Market Street Wormleysburg, PA 17043 Dove Mortgage, LLC 25505 Halburton Road Beachwood, OH 44122 Susquehanna Bank, formerly Community Banks 2796 Old Post Road Harrisburg, PA 17110 Lois M. Jasek, individually, and as Trustee and Executrix a/k/a Lois Gumbert Jasek c/o Herbert G. Rupp, Esquire Oakhurst Boulevard - 4700, Apt. 111 Harrisburg, PA 17110 Lois M. Jasek, individually, and as Trustee and Executrix a/k/a Lois Gumbert Jasek 460 Brentwater Road Camp Hill, PA 17011; Cumberland County Adult Probation Clerk of Courts Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Township of East Pennsboro 98 South Enola Drive Enola, PA 17025 Dove Mortgage, LLC c/o Clayton W. Davidson, Esquire McNees Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 Cumberland Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Lois M. Jasek a/k/a Lois Gumbert Jasek c/o Richard Charles Rupp, Esquire 355 North 21" Street, Suite 201 Camp Hill, PA 17011 that Exhibit "B" attached hereto and made a part hereof contains the original U.S. Postal Service Forms 3817 Certificates of Mailing evidencing such service; and that to date, no such envelope 2 was returned, except the envelopes addressed to: Lois M. Jasek a/k/a Lois Gumbert Jasek c/o Richard Charles Rupp, Esquire 355 North 21 S` Street, Suite 201 Camp Hill, PA 17011 Lois M. Jasek, individually, and as Trustee and Executrix a/k/a Lois Gumbert Jasek 460 Brentwater Road Camp Hill, PA 17011 Lloyd A. Persun Sworn to and subscribed before me this /7q, day of August, 2010. otary Public My commission expires: 9, o 13 (SEAL) COMMONWEALTH Of PENNSYLVANIA Notarial Seal Julia A. Wleman, Notary Public Sliver Spring Twp., Cumberland County My Commission Expires Aug. 28, 2013 Member, Pennsylvania Association of Notaries 3 18119vI ???`?` ?? INTEGRITY BANK, Plaintiff V. CONSTANTINE N. GEKAS and EVAN N. GEKAS, Defendants v. KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5780 Civil Term NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That a Sheriff's Sale of Real Property (Real Estate) and all improvements thereon or affixed thereto will be held in the Cumberland County Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on September 8, 2010 at 10:00 a.m., prevailing time. THE REAL ESTATE TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATION of the property to be sold is: 460 Bentwater Road, East Pennsboro Township, Cumberland County, Pennsylvania 17011 Parcel Number: 09-20-1850-044 THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: NO. 09-5780 THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE: CONSTANTINE N. GEKAS EVAN N. GEKAS KIRK SOHONAGE as the Trustee for Constantine N. Gekas A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE 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 Cumberland 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 Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland 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. 2 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 Cumberland 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, Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. Prothonotary. 17029vl 4. A copy of the Writ of Execution is available from the Cumberland County 3 ALL that certain lot or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the western line of Brentwater Road as shown on the hereinafter mentioned plan of lots on the dividing line between Lots Nos. 4 and 5 as shown on said plan, said point being 288.98 feet measured southwardly along the western line of Brentwater Road from the southern extremity of the arc or curve connecting the western line of Brentwater Road and the southern line of Putter Lane as shown on said plan; thence along said dividing line between said Lots Nos. 4 and 5, South 69 degrees 11 minutes West, 212.79 feet to Lot No. 16 as shown on said plan; thence along the eastern line of said Lot No. 16, South 35 degrees 15 minutes East, 100.17 feet to Lot No. 6 as shown on said plan; thence along the northern line of said Lot No. 6, North 64 degrees 15 minutes East, 213 feet to Brentwater Road; thence along the western line of Brentwater Road, North 35 degrees West, 104 feet to the point or place of BEGINNING. BEING Lot No. 5 as shown on the Plan of Brentwood-Section "A" said plan being recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 45. 17193v1 Exhibit "A" ??` ?;? ? U.S. POSTAL SERVICE - "'IF- • ° '- DOES ' ED F PR MAY OVIDE FSOR INOSURAOME TPOSTMASTERNATIONAL MAIL, N?O?T[f ?1t 4' NCE Received From: oyd R. Persun, Esquire ?? l ersun & Heim, P.C. .O. Box 659 t Mechanicsburg, PA 17055-0659 FOne iece of ordinary mail addressed to: ntegrity Bank 314 Market Street Camp Hi ll, PA 17011 Sc PS Form 3817, mar. 1989 `U.S. G.P.O.: 1942 - 329.823169237 YIt ? '? 2S'1 W 1 in r~ ri 3 p ? rv r` m > LL r 9 Si 0 ! a°' sa ;? ,... cl, o 0. iL G?r+r7N1"1 7 c ? ?. U.S. POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: - Lloyd R. Persun, Esquire Persun & Heim, P.C. i - P.O. Box 659 -i MechanicsburLy. PA 17055-0659 One piece of ordinary mail addressed to: - Cumberland County Adult Probation Clerk of Courts - Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 t'S Form 3517, Mar. 1989 'U.S. G.P.O.: 1442 - 324.823189237 N O'.,..,,?wcn 3 o 0 0 ?"" rv r- m ^pw C? W C Q u a0g a- .... co O o, o c> CL 1 ei. : M w _1 ©31 ? a 1NO C U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: -L<jt$i1 Lloyd R. Persun, Esquire - Persun & Heim, P.C. _ P.O. Box 659 Mechanicsburg, PA 17055-0659 One piece of ordinary mail addressed to: Borough of Wormleysburg - Borough Hall - 20 Market Street - Wormleysburg, PA 17043 00 o u'+; _ 3 ? o o I p ?Nr- f m [ r? s IY T ?U f? ? SV A . ?r o a C) LL. `f 2 a o ??1 1 ;? 1 Nf ? a PS Form 3817, Mar. 1989 'U.S. G.P.G-' i- CERTIFICATE OF MAILING } tt t 0 7 Nr, 0V_ O? r W T' '' u3 U.S. POSTAL SERVICE m MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DO?ES,N 7 PROVIDE FORINSURANCE-POSTMASTER 4r 0 0 Received From: r 40 Lloyd R. Persun, Esquire Heim, P.C. Persun & ? P.O. Box 659 PA 17055-0659 . Mechanicsburg. YA. ?['?.l1NCI cv c? One piece of ordinary mail addressed to: o p - Township of East Pennsboro r _ 98 South Enola Drive 4 Enola, PA 17025 Mar. 1989 U.S. G.P.O.: 17 PS Form 3817, U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N PROVIDE FOR INSURANCE-POSTMASTER c Received From: C. _ Lloyd R. Persun, Esquire Persun & Heim, P.C. _ P.O. Box 659 Mechanicsburg, PA 17055-0659 e One piece of ordinary mail addressed to: - Dove Mortgage, LLC 25505 Halburton Road Beachwood, OH 44122 ra rorm ao i /, Mar. I=j 'U.S.G.P.O.: 1992-329-823169237 rn O a .n W <.a ? [? O RGp m??r9 r, w. Z o 0 a?Q a LL: INn U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDEFORINSURANCE -POSTMASTER r: Received From: ??. 4?r Lloyd R. Persun, Esquire Persun & Heim, P.C. P.O. Box 659 Mechanicsburg. PA 17055-0659 One piece of ordinary mail addressed to: Dove Mortgage, LLC c/o Clayton W. Davidson, Esquire McNees Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 win-?i 3?oof pr W C_ i,7 UJ ? a4< a 00 K LL n r & a ,:t UA `r v O ?11N(1 ?? o g I'S I-orm 3817, Mar. 1989 'U.S. G.P.O.: 1992 - 329.823/69237 CERTIFY N' `!7. POSTAL SERV?DOMESTIC AND INTERNATIONAL MAIL, DOES MAY BE USED FOR pRO141DE FOR 114SURRNCE-P0STMASTER t w, Received From: ? 1J Q Lloyd F, - Persun, Esquire Persun & Heim, P•C• P.O. Box 659 17055-0659 lviechanicsburg, PA of ordinary mail addressed to: - 0114, piece ommunity Banks - Susquehanna Bank, formerly C 2796 Old post Road - Harrisburg, PA 17110 U.S. G.P.O.: 1992 329 87 PS Form 38171 Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES PROVIDE FOR INSURANCE-POSTMASTER Received From: G _ Lloyd R. Persun, Esquire Persun & Heim, P.C. - P.O. Box 659 Mechanicsbur,Q, PA 17055-0659 One piece of ordinary mail addressed to: Cumberland Tax Claim Bureau Cumberland County Courthouse - 1 Courthouse Square - Carlisle, PA 17013 F'S Norm 3817, Mar. 1989 'U.S. G.P.O.: 1992 - 329.823x69237 1 c { I m ` <- u1 ?'¦` 0 c1 i0 r 0 r3 r- u c'?tl+ur. C ?; w o o ?n W u 3 O O RA Q?l?'Nh o Ld 0 ? o ?? ? < v ? rJ hP r o 0 LL "I LL Y? Q. cn S QM W . o - .1F U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER " F Received From: Lloyd R. Persun, Esquire Persun & Heim, P.C. - 20113 P.O. Box 659 Mechanicsbura, PA 17055-0659 One piece of ordinary mail addressed to: ,ois M. Jasek, individually, and as Trustee and Executrix !k/a Lois Gumbert Jasek /o Herbert G. Rupp, Esquire )akhurst Boulevard - 4700, Apt. I 1 1 larrisburg, PA 17110 *~ o V) r CS 11.3 0 0 Q ?'? N h m W C? ? LAJ ;Q?C 7 - Q ur ? c a Ln v 0) 0 C1. '3>> s??1fIV(1 cv ,:? ¢ PS Form 3817, Mar. 1989 'U.S. G.P.O.: 1992 - 106 "-"- U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOS PROVIDE FOR INSURANCE-POSTMASTER Received From: / Lloyd R. Pet-sun, Esquire Persun & Heim, P.C, P.O. Box 659 Mechanicsburg, PA 17055-0659 One piece of ordinary mail addressed to: Lois M. Jasek a,'kla Lois Gumbert Jasek c/o Richard Charles Rupp, Esquire - 355 North 21' Street, Suite 201 Camp Hill, PA 17011 PS Form 3817, Mar. 1989 'U.S. G.P.O.: 1992 - O a.Vt?O r ? i 6g -a 44 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N PROVIDE FOR INSURANCE-POSTMASTER Received From: Lloyd R. Persun, Esquire Persun & Heim, P.C. ?' - P.O. Box 659 Mechanicsburg, PA 17055-0659 One piece of ordinary mail addressed to: Lois M. Jasek, individually, and as Trustee and Executrix a/kJa Lois Gumbert Jasek 460 Brentwater Road Camp Hill, PA 17011 Lffiv fon k- •- H O 0 U"I W /) - U3, 0 m r cv rW ?011 < v Qa N O °. o a f, a t` W 1 Y PS Form 3817, Mar. 1989 'U.S. G.P.O.: 1992 - 329.823/6923/ 1 Integrity Bank, et. al., Plaintifl'(a) vs. Constantine N. Gckas, et. al., Defendant(s) ~- - - ~ PERSUN & HELM, P.C. Mr. Lloyd R. Persua P.O. Box 659 Mecbaaicsburg, PA 1TOSS --Constantine N. Gekas, a/Wa Dean Gekas Court Case No. 09-5780 Civil Term Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glearoy Rd. Minneapolis, MN 55439-3122 ~ I State`of: ~~ ~ } ss. County of: !` Name of Server: , tutdersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a parry~to~th=i~s action; Date/Time of Service: that on the ~'~day of , 20 ~,, at `~. ~ o'clock M Place of Service: at 13607 East Gerooimo Road~_ !_~.^' . in Scottsdale, AZ 85259 T___ Documents Served: the undersigned served the documents described as: Notice of Sheriff s Sale Pursuant to Pennsylvania Rule of CivU Procedure Rule 3129.2; Service o[ Process on: A true and correct copy of the aforesaid document(s) was served on: Constantine N. Gekas, a/k/a Dean Geltas Person Served, and _.__.,-_ __~ -__-- -_-__ _ Method of Service: y personally delivering them into the hands of the person to be served. ~' By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she resides with Constantine N. Gekas, a/Wa Dean Gekas __ _ _ __ at the place of service, and whose relationship to the person is: - Description o[ Person The erson receiving do uments is described as fol ws: Receiving Documents: Sex; Skin Color ;Hair Color ;Facial Hair Approx. Age -i" ;Approx. Height ~D' ~ ' ~ ;Approx. Weight ~To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury that th oregoing is true and correct. . '-"1 dlN1~A~JlSNN3cJ Signature of Server JllN(~O'~ nr.tM '~~~ ~' APS International, Ltd. S5 ~6 6~~ $- d3S ~!. ,lUi~l~~ ~~a ~N1. ~Ci ~;}311J D ~- 5~~0 APS Flie tl: IOS383-0001 AFFIDAVIT OF SERVICE -Individual Service of Process on: ands ~ before me this (Commission Expires) OFFICIAL SEAL JOANN ROMO NOTARY PUBLIC•ARIZQNA MARICOPA COUNTY Comm, Exp Aorll 27, 2014 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CONSTANTINE N. GEKAS and EVAN N. GEKAS, No. 09-5780 Civil Term Defendants v. KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That a Sheriff s Sale of Real Property (Real Estate) and all improvements thereon or affixed thereto will beheld in the Cumberland County Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on September 8, 2010 at 10:00 a.m., prevailing time. THE REAL ESTATE TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATION of the property to be sold is: 460 Bentwater Road, East Pennsboro Township, Cumberland County, Pennsylvania 17011 Parcel Number: 09-20-1850-044 docketed to: THE JUDGMENT under or pursuant to which the properties are being sold is NO. 09-5780 THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE: CONSTANTINE N. GEKAS EVAN N. GEKAS KIRK SOHONAGE as the Trustee for Constantine N. Gekas A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE 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 Cumberland 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 Sheriff s Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filet( before the Sheriff's Deed is delivered. 2 ~.'~ , , 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 Cumberland 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, Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. Prothonotary. 4. A copy of the Writ of Execution is available from the Cumberland County i ~oz9~ ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILET-OFF fBE I H? P olI kj0 I0 fkRY 20 13 OCT 12 AM I0. " Richard W Stewart Solicitor Integrity Bank vs. Evan N Gekas (et al.) OF'.Flt F 7-PR,F? UMBLRLANB COUNTY CNIk1SYLV;%1, i'A Case Number 2009-5780 SHERIFF'S RETURN OF SERVICE 06/22/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 06/24/2010 01:22 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-24-2010 at 1319 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Evan N. Gekas, Kirk S. Sohanage, & Constantine Gekas, located at, 460 Brentwater Road, Enola, Cumberland County, Pennsylvania accordinc to law. 06/24/2010 01:05 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-24-2010 at 1303 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Evan N. Gekas c/o Craig A. Diehl, Esq., by making known unto, Stephanie Rider, Office Manager, at, 3634 Trindle Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 07/09/2010 Dauphin County Return and now the, 2nd day of July 2010, at 1022 hrs served the within Real Estate Writ, Notice of Sale and Description upon Kirk S. Sohanage, the defendant, by making known unto Jamie Brown, Adult in Charge, at 417 Walnut Street, Harrisburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: G. Miller, Deputy Sheriff of Dauphin County, Pennsylvania 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Lloyd R. Persun on behalf of Integrity Bank, 3345 Market Street, Camp Hill, PA 17011, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 885.81 SHERIFF COST: $885.81 SO ANSWERS, October 12, 2010 RON R ANDERSON, SHERIFF ,sue ? pd ;ci countySu to Shenff. ieleosoft. Inc t-,* (f q &3 f INTEGRITY BANK, Plaintiff V. CONSTANTINE N. GEKAS and EVAN N. GEKAS, Defendants V. KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5780 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff, sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 460 Brentwater Road, East Pennsboro Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto, together with all buildings, structures and improvements of every kind erected thereon: 1. The names and addresses of the owners or reputed owners: Constantine N. Gekas 13607 East Geronimo Road Scottsdale, AZ 85259 Evan N. Gekas 1045 Laurian Park Drive Roswell, GA 30075-7306 Kirk S. Sohonage, Esquire as Trustee for ?ortstantine N. Gekas Schutjer Bolgar LLC 417 Walnut Street Harrisburg, PA 17101 2. The names and addresses of the Defendants in the judgment: Constantine N. Gekas 13607 East Geronimo Road Scottsdale, AZ 85259 Evan N. Gekas 1045 Laurian Park Drive Roswell, GA 30075-7306 Kirk S. Sohonage, Esquire as Trustee for Constantine N. Gekas Schutjer Bolgar LLC 417 Walnut Street Harrisburg, PA 17101 3. 4 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity Bank 3314 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Clerk of Courts Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Borough of Wormleysburg Borough Hall 20 Market Street Wormleysburg, PA 17043 Dove Mortgage, LLC 25505 Halburton Road Beachwood, OH 44122 Township of East Pennsboro 98 South Enola Drive Enola, PA 17025 Dove Mortgage, LLC c/o Clayton W. Davidson, Esquire McNees Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 The name and address of the last recorded holder of every mortgage of record: Integrity Bank Susquehanna Bank, formerly 3314 Market Street Community Banks Camp Hill, PA 17011 2796 Old Post Road Harrisburg, PA 17110 2 5. The name and address of every other person who has any record lien on the property: Cumberland Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (Delinquent real estate taxes) 6. The 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 found. 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: Lois M. Jasek, individually, as surviving Trustee U/A 4-12-68 as amended and reinstated and as Executrix of the Estate of Chester J. Jasek, deceased a/k/a Lois Gumbert Jasek 460 Brentwater Road Camp Hill, PA 17011 Lois M. Jasek a/k/a Lois Gumbert Jasek c/o Richard Charles Rupp, Esquire 355 North 21St Street, Suite 201 Camp Hill, PA 17011 Lois M. Jasek, individually, as surviving Trustee U/A 4-12-68 as amended and reinstated and as Executrix of the Estate of Chester J. Jasek, deceased a/k/a Lois Gumbert Jasek c/o Herbert G. Rupp, Esquire Apt. 111 Oakhurst Boulevard - 4700 Harrisburg, PA 17110 3 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, 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. Gary G. Klick ice President Integrity -n Date: June , 2010 17059vl 4 ALL that certain lot or'pareel of land situate in East T ennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wits BEGINNING at a point in the western line of Brentwater Road as shown on the hereinafter mentioned plan of lots on the dividing line between lots Nos. A and 5 as shown on said plan, said point being 288.98 feat measured southwardly along the western line of Brentwater Road from the southern extremity of the arc or curve con- necting.the -westar-n line of Brent-water -Road and the southern line of Putter vane as shown on said plane thence along said dividing line between said Trots Nos. •A and 5, South 69 degrees-11 minutes West, .212.79 feet to Lot No. 16 as shown on said plany thence along the eastern line of said lot No. 16, South 35 degrees 15 minutes East, 100..17 feet to Lot No. 6 as shown on said plan; thence along the northern lime of said Lot No. 6, North 64 degrees 15 minutes East, 213 feet to Brentwater-Road 7 thence along the western line of Brent- water Road, North 35 degrees West, 109'feet to the.point or place of BEGINNING''. BEING Lot No. 5•as shown on the Plan of Brentwood-Section "A" said plan being recorded ih the Cumberland County Recorder's ofii.ca in Plan Book 6, Page '45 Exhibit "A" INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS and EVAN N. GEKAS, No. 09-5780 Civil Term Defendants V. KIRK SOHONAGE as the Trustee for Constantine N. Gekas, Terre Tenant NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That a Sheriff's Sale of Real Property (Real Estate) and all improvements thereon or affixed thereto will be held in the Cumberland County Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on September 8, 2010 at 10:00 a.m., prevailing time. THE REAL ESTATE TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) r THE LOCATION of the property to be sold is: 460 Bentwater Road, East Pennsboro Township, Cumberland County, Pennsylvania 17011 Parcel Number: 09-20-1850-044 THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: NO. 09-5780 THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE: CONSTANTINE N. GEKAS EVAN N. GEKAS KIRK SOHONAGE as the Trustee for Constantine N. Gekas A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE 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 Cumberland 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 Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland 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. 2 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 Cumberland 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, Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is available from the Cumberland County Prothonotary. 17029v1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-5780 Civil COUNTY OF CUMBERLAND) 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 AND EVAN N. GEKAS - KIRK SOHONAGE AS THE TRUSTEE FOR CONSTANTINE N. 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 $138,339.71 L.L. $.50 Interest 8/14/09 TO 6/09/10 - $4,873.70 Atty's Comm % Due Prothy $2.00 Atty Paid $170.44 Other Costs ATTORNEY'S FEES & EXPENSES TO 6/9/10 - $6,000.99 AND REAL ESTATE TAXES - $13,319.64 Plaintiff Paid Date: JUNE 9, 2010 (Sea'.) Deputy REQUESTING PARTY: Name LLOYD R. PERSUN, ESQUIRE Address: PERSUN & HEIM, P.C. P.O.BOX 659 MECHANICSBURG, PA 17055-0659 Attorney for: PLAINTIFF Telephone: 717-620-2440 Supreme Court ID No. 10139 V On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 460 Brentwater Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: eal Estate oordinator & PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN-TO AND SUBSCRIBED before me this 0 day of July. 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 Wak M. 9900~ civil Integrity Bank vs. Kirk S Sohanage, Esq. as Trustee for Conatantine N. Gekas Evan N. Gekas Constantine Gekas Atty.: Lloyd R. Persun ALL that certain lot or parcel of land situate in East Pennsboro Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the west- ern line of Brentwater Road as shown on the hereinafter mentioned plan of lots on the dividing line between Lots Nos. 4 and 5 as shown on said plan, said point being 288.98 feet measured southwardly along the western line of Brentwater Road from the southern extremity of the arc or curve connecting the western line of Brentwater Road and the southern line of Putter Lane as shown on said plan; thence along said dividing line between said Lots Nos. 4 and 5, South 69 degrees 11 minutes West, 212.79 feet to Lot No. 16 as shown on said plan; thence along the east- ern Ww of said Lot No. 16, South 35 18 Minutes bast, lOq.ITlsst to M& i so *boon =$ said pMa; th*A" a tFw nor4Tiern it" bl solid Lat No. 6, North 64 de 15 miou" i Bast, 213 Est t+o aloos the woolem lhse of Brentwater Road, North 35 degrees West, 104 feet to the point or place of BEGINNING. BEING Lot No. 5 as shown on the Plan of Brentwood-Section "A" said plan being recorded in the Cumber- land County Recorder's Office in Plan Book 6, Page 45. tr NF,BGcI:?? _V1 %, °SIVSq 'F8MIt P- `SUd i '., The Patriot-News Co. 020 Technology Pkwy. Suite 300 Mechanicsburg,'PA 17050 Inquiries - 717-255-8213 CUMBERLAND COUNTY COURT HOUSEaJ-AA * CUMBERLAND CO. SHERIFFS OFFICE ot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, 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 a id/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. F UBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 11 07/23/10 Sworn to and s4bscribed before me this 05 d2yy' 4f'August, 2010 A.D Notary Public f ?COMMONWEALTiH OF PFNNSYLIVAN,x I Nosier, Seal it Sherrie L Klsner Notary Pubiic I Lower Parton Twp., Dauphin County ( My Commission Explres Nov. 26, 2011 Member, Pennsylvania Association of Notaries ' Jrit No. 2000-5780 Civil Term Integrity Bank Vs Kirk S Sohanage, Esq as Trustee for Constantine N. Gekas Evan N Gekas Constantine Gekas Atty Lloyd R Persun ALL that certain lot or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the western line of Brentwater Road as shown on the hereinafter mentioned plan of lots on the dividing line between Lots Nos. 4 and 5 as shown on said plan, said point being 288.98 feet measured southwardly along the wester line of Brentwater Road from the southern extremity of the arc or curve connecting the western line of Brentwater Road and the southern line of Putter Lane as shown on said plan; thence along said dividing line between said Lots Nos. 4 and 5, South 69 degrees 11 minutes West, 212.79 feet to Lot No. 16 as shown on said plan; thence along the eastern line of said Lot No. 16, South 35 degrees 15 minutes East, 100.17 feet to Lot No. 6 as shown on said plan; thence along the northern line of said Lot No. 6, North 64 degrees 15 minutes East, 213 feet to Brentwater Road; thence along the western line of Brentwater Road, North 35 degrees West, 104 feet to the point or place of BEGINNING: BEING Lot No. 5 as shown on the Plan of Brentwood-Section °A" said plan being recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 45. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Integrity Bank is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 9th day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 5780, at the suit of Integrity against Constantine N Gekas. Trustee is duly recorded as Instrument Number 201029295. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this f ?- day of A.D. D ! D corder of Deeds FAMWftdJ"2W