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HomeMy WebLinkAbout09-8805IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: CONSTANTINE N GEKAS EVAN N GEKAS TAX PARCEL NO.: 09-20-1850-044 460 Brentwater Road East Pennsboro Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - -??D S C VU 1 I f `GTM PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, et sic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 2007 and 2008 Cumberland County, Cumberland County Library and East Pennsboro Township real estate taxes. 2006-07 through 2008-09 East Pennsboro School District real estate taxes. Total amount of claim including penalty, interest and costs as of date of tax sale: $9,122.78. b. Neither the owner, his, her, their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her, their or its heirs, successors or legal representatives, or any other person interested, has caused stay of sale, discharge of tax claim or removal from tax sale. C. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 24, 2009. Petition for Judicial Sale (Parcel No. 09-20-1850-044) Page 1 d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset price was $ 15,823.14. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 3. Attached hereto, marked Exhibit "A," and incorporated herein by reference as is fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel number of the property is 09-20-1850-044. The property is situate in the Township of East Pennsboro, Cumberland County, Pennsylvania and is known as, 460 Brentwater Road. 4. The names and addresses of all parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through December 31, 2009: $9,324.68 (Includes 2007 and 2008 county/municipal real estate taxes and 2006-07 through 2008-09 School real estate taxes). b. Debbie Lupold, Tax Collector 98 S Enola Drive, Room 101 Enola, PA 17025 2009 County and Township real estate taxes at penalty in the amount of $741.84 and 2009-10 School real estate taxes at face in the amount of $2,308.02. Petition for Judicial Sale (Parcel No. 09-20-1850-044) Page 2 C. East Pennsboro Township 98 S Enola Drive Enola, PA 17025 East Pennsboro Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debbie Lupold. d. East Pennsboro School District 890 Valley Street Enola, PA 17025 East Pennsboro School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debbie Lupold. e. Integrity Bank 3345 Market Street Camp Hill, PA 17011 Mortgage recorded July 14, 2004 in Mortgage Book 1873, Page 2742, in the amount of $160,000.00. Assignment of Rents recorded on July 14, 2004 in Mortgage Book 709, Page 4345. Confession of Judgment 2007-07512 filed December 17, 2007 in the amount of $162,921.48. Community Banks dba Susquehanna Banks 2796 Old Post Road Harrisburg, PA 17110 Mortgage recorded November 2, 2004 in Mortgage Book 1886, Page 2237, in the amount of $68,000.00. g. Grandview Surgery & Laser Center 205 Grandview Avenue Camp Hill, PA 17011 $5,478.25 Judgment 1998-02812 filed May 18, 1998, not revived. h. McKinney, Michael McKinney, N Capitol View Enter 625 Whitetail Drive Lewisberry, PA 17055 $4,272.00 Judgment 1998-03827 filed July 8, 1998, not revived. Petition for Judicial Sale (Parcel No. 09-20-1850-044) Page 3 Sheibley R L Construction c/o Attorney Jerry A. Philpott 227 N High Street Duncannon, PA 17020 $16,803.67 Judgment 2000-00178 filed January 10, 2000. Wormleysburg Borough 20 Market Street Wormleysburg, PA 17043 $576.71 Lien 2008-06105 filed October 10, 2008 $746.43 Lien 2009-01534 filed March 12, 2009 k. Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 $9,336.66 Judgment 2009-01433 filed March 9, 2009. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Constantine N. and Evan N. Gekas, 48 South Terrace Road, Wormleysburg PA 17043. Certified correspondence sent to said address has been returned as "not deliverable" and regular mail has also been returned as "not deliverable as addressed". Additional notices by regular mail and certified mail were also sent to 9222 N 123?d Street, Scottsdale AZ, 85259. Certified notices were returned as unclaimed at the latter address but regular mail was not returned to the Bureau. Per a foreclosure action (09-5780) filed by Integrity Bank, Constantine N. Gekas was served at 13607 East Geronimo Road, Scottsdale, AZ 85259, and Evan N. Gekas was served at 1045 Laurian Park Drive, Roswell, GA 30075. Petition for Judicial Sale (Parcel No. 09-20-1850-044) Page 4 WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Date: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: ZU7yC&A-' Melissa'F. Mixell, Dir for Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 09-20-1850-044) Page 5 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.) PHONE: 717-582-3504 FAX.- FAX TO HOME FAX.- 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURTHOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: CUMBERLAND COUNTY TAX CLAIM BUREAU ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Constantine N. Gekas and Evan N.Gekas, it PREMISES: Cumberland County, East Pennsboro Township 460 Brentwater Road (lot 5) GRANTOR (S): Chester John Jasek and Lois M. Jasek, his wife,Trustees GRANTEE (S): Constantine N.Gekas and Evan N. Gekas, joint tenants with the right of survivorship and not as tenants in common DATE OF DEED: July 9, 2004 RECORDED: July 14, 2004 DEED BOOK: Deed Book 264, Page 692 CONSIDERATION: stamps: $1644.35, 822.18 and 822.17 COVER DATE: September, 2009 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $7.60,000.00; Constantine N. Gekas and Evan N.Gekas TO:Integrity Bank; dated July 9, 2004; recorded July 14, 2009 in Mortgage Book 1873, Page 2742. closed-ended;not assigned. ASSIGNMMENT OF RENTS RE ABOVE MORTGAGE recorded July 14, 2004 in Misc. Book 709, Page 4345. $68,000.00 (open end); Constantine N. Gekas and Evan N.Gekas TO: Community Banks; dated October 26, 2004; recorded November 2, 2004 in Mortgage Book 1886, Page 2237. not assigned. JUDGMENT (S): 1998-2812-not revived 2007-7512 1998-3827-not revived 2008-6105 FEDERAL TAX LIEN (S): 2000-178 2609-1534 NONE 2009-1534 TAX CLAIM BUREAU: 2 -1,952.36+ 2007: 3,769.97+ 2008: 3,475.75+ nl?d ?inl?m SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT. TAX PARCEL # 09-20-1850-044 land: 55,000 bdg: 123,930 DATE: October 6, 2009 THANK YOU JBIT A a?Y Parcel Number 09-20-1850-044 THIS DEED THIS DEED, made this -f , day of 2004 BETWEEN Chester John Jasek and Lois M. Jasek, his wife, Trustees, under an Agreement of Trust dated March 10, 1969 known as the "Chester John Jasek Family Trust", Grantors AND Constantine N. Gekas, a married man and Evan N. Gekas, a married man, joint tenants with the right of survivorship and not as tenants in common, Grantees. WITNESSETH, That in consideration of the sum of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said Grantees, their heirs and assigns. 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. BEING THE SAME PREMISES which William D. Turner, Executor of the Estate of Frances S. Turner, granted and conveyed by deed dated September 22, 1971, unto Chester John Jasek and Lois M. Jasek, his wife, Trustees, under an Agreement of Trust dated March 10, 1969 known as the "Chester John Jasek Family Trust", the Grantors herein, and recorded on September 22, 1971, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book H24, Page 371. 9 ..)ti soo264 PACE 692 EXHIBIT A 10/06/2009 11:40:05 AM CUMBERLAND COUNTY Inst.# 200428251 - Page 1 of 4 AND the said Grantors do hereby Warrant Specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals, the day and year first above-written. Sealed in the presence of: Witness Witness Chester John asek, T tee ,;P L jletl? EAL) Lois M. Jasek, T stee Commonwealth of Pennsylvania : . . ss. County of Cumberland: On this, 04 , day of 1 , 2004 before me, a notary public, the undersigned officer, personally appea hester John Jasek and Lois M. Jasek, known to me (or satisfactorily proven) to be the person(s) whose name(s) he/she/they subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal Al?t? - --*--?r- Notary rroR?i?u, sit ?w?w OL WUJK 0"T ?ws My Commission Expires: Coro or OMV J* q,tMnd4DW$ . PA W CoWalso ron b" W $0, 2M Certificate of Residence I hereby certify, that the precise residence of the Grantees herein is: ?rerAce A^J Agent for Grant a F+ i 7-py? I Ceoify ti?is to be recorded In Cunibeflaud county PA RON 264 PACE 693 Record er. o f Deed. 1 10/0612009 11:40:05 AM CUMBERLAND COUNTY Inst.# 200428251 - Pape 2 of 4 f Commonwealth of Pennsylvania : SS. County of Cumberland : RECORDED in the Office for Recording of Deeds, etc., in and for said County, in Record Book No. , Page WITNESS my Hand and Official Seal this day of Recorder of Deeds nun rl pQ?? {pip ? M 4. i +t. J N O n?+ ? ? V? N .2004. 70 M Q N 'S 1 ?~+ S6 NO 264 PACE 694 G. EXHIBIT A I 10/06/2009 11:40:05 AM CUMBERLAND COUNTY Instl 200428251 - Page 3 of 4 sev.hslexw" , RECORDER'S USE ONLY 5ft" T" Paid REALTY TRANSFER TAX . ., 6..h N6 COMMONWEALTH Of PENNSYLVANIA STATlMEW Of VALUE w DEPARTMENT Of xromi age Nw* win" or 9e01VIOM TAxee RacwdW DEPT. HARRISSUAG, PA 1771284902 Soo R*vwn for instruction! °~ Complete each section and (tie to duplicate with Recorder of Deeds when (1) the full value/oontlderation is not set forth in the deed, (2) when the deal is without consideration, or by , or 3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (I1 family reksNa or 1121 public utility easement. If more SEE is needed, Mach addlill" sheet(s). A CORD--- - - -- -- -- - -- "» dirnetsd to " feNewift jMrson: Cdr Nam. Miller Lipsitt LLC A e I Code { 7 f? 73, ?' Qa Strw rest 2157 Market Street zip cc" Camp Hill, PA 17011 B TRAIN 2. Cheek Appreprlato Box Below for Exensptlon Claimed 10 In ? Will or intestate succession eer of M.1m) !de NwPW ? Transfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, candemrwtion or In lieu of condemnation. (if condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory corporate consolidation, merger or division, (Attach copy of articles.) ? Other (Please explain exemption claimed, if other than listed above.) I l j$% PAIILURE TO COMPLETE PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S RlFUS TO RECORD THE D!!D. Under pessalltes of law, l ded? that 1 b.ne exeusbted *I@ Statenselti, hwhi les oeeempserykv hi4entuttlent, and to ilse beet of my knowledge acct bow, it is "", Owned and eseOwl. two of comespeoh of bete cook 264 PACE 695 I 10/06/2009 11:40:05 AM CUMBERLAND COUNTY EXHIBIT A Inst.# 200428251 - Paqe 4 of 4 r?- tie y,} DEED WHEN RECORDED MAIL TO: 01 Integrity JUL Camp Hill Office Rill, 8 3348 Market Street Camp Hill, PA 17011 &reej.- `;Rr) ~' I = - ON FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE dated July 9, 2004, is made and executed between CONSTANTINE N. GEKAS and Evan N. Gekas, 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 Ireferred to below as "Lander"). 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, allays, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all 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 Hill, PA 17011. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $100,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency' law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Is) 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 Lander 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. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or 8 i 873PG2742 EAHIBIT A 10/06/2009 11:49:44 AM CUMBERLAND COUNTY Inst.# 200428252 - Paqe 1 of 9 x-43 WHEN RECORDED MAIL TO: Integrity Bank - N r v Camp Hill Office oy JUL ?Y Y-t 3345 Market Street /? 7 Camp Hill, PA 17011 ` ? 1 1 PQ reoa : 0C1 ao" 750 -Qjq FOR RECORDER'S USE ONLY ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated July 9, 2004, is made and executed between CONSTANTINE N. GEKAS and Evan N. Gakes, 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 "Lander"). '1. ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest In, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Assignment and made a part of this Assignment as if fully set forth herein. The Property or Its address is commonly known as 460 Brentwater Road, Camp Hill, PA 17011. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND 121 PERFORMANCE OF ANY AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any 'one action" or "anti-deficiency" low, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lander takes in connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about the Property. Borrower waives any defenses that may arise because of any action or Inaction of Lender, including without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the Property. Borrower agrees to remain liable under the Note with Lender no matter what action Lender takes or fails to take under this Assignment. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises Its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the' Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral In a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender In writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided In this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents, For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and terry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lander may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the nox 709 PAcE 4345' FXHIBITA 10/06/2009 11:50:37 AM CUMBERLAND COUNTY Inst.# 200428253 - Page 1 of 6 _ n ) 3 RI B ?..?? "] R0 i ?,rfoLt:.2 2U0It NOU 2 An 9 48 After Recordation Return to: Community Banks P,O.Box 233 Hanover, PA 17331 Parcel Identification No. 09-20-1850-044 OPEN-END MORTGAGE This Mortgage Secures Future Advances 66nae tine N` Gekai Evan N Gekas ', AT3[)FtE89 ' : 48'ou£h terrace Road Wormleyoburg, PA 17043 TELEPH04:mt < 10ENTIFICAATION NO. In consideration of the loan or other credit accommodation hereinafter specified and any future advances, which may hereinafter be advanced or incurred and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowleds1 ed, Mortgaqor has and b these resents does hereb rant, convey, bargain, sell and mortgage ::o unity )a>'fka X796 x?id Podt Road, -("Lender"), its successors and assigns, with power of sale and right of entry and possession all of Mort ggagor s present and future estate, right, title and interest in and to the real property described in Schedule R which is attached to this Mortgage and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property, Including, without limitation, all machinery, equipment, building materials, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, easements, and appurtenances, Including all development rights associated with the Property, whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from the Property to other real property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property°); until payment in full of all Obligations secured hereby. Moreover, in further consideration, Mortgagor does, for Mortgagor and Mortga is heirs, representatives successors and assigns, hereby expressly warrant, covenant, and agree witrLender its successors and' assigns as follows: LPPA601 Q) Had" Financial SoUlons, Inc. ;1/18/04) (800) 937-3788 Paps 1 of 12 N!886PG22137 ErAuflIBIT A 10/06/2009 11:51:03 AM CUMBERLAND COUNTY Inst.# 200444433 - Page 1 of 15 1. OBLIGATIONS. This Mortgage shall secure 1he-payment and performance of all indebtedness liabilities, obii ations and covenants of Borrower or orttgagor to Lender up to a maximum amoun( outstanding a? any one time of $ 68, 000.00 plus accrued and unpaid interest (cumulatively "Obligations") pursuant to: (a) this Mortgage and the following promissory notes and other agreements: l.u p . f ,QAt? LL CIlt3TQME?t A38 trtaAt PfitlCt C1? MTf /tflRA! i MA1' i?ulwl?p MBE1?ltrT RIABLE $68,000.00 10/26/04 0VA (b) obligatory future advances, to the same extent as if made contemporaneously with the execution of this Mortgage, made or extended on behalf of Mortgagor or Borrower. Mortgagor agrees that if the Obligation is a line of credit, the lien created by this Mortga a shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of the line) no balance may be outstanding; and (c) unpaid balances of advances made, with respect to the Property, for the payment of taxes, assessments, maintenance charges, Insurance premiums or costs incurred for the protection of the Property or lien of this Mortgage, and expenses Incurred by the Lender by reason of default by the Mortgagor under this Mortgage; and (d) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the fforegoing. 2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Mortgagor represents, warrants and covenants to Lender that: ka) Mortgagor has fee simple marketable title to the Property and shall maintain the Property free of all Hens, security interests, encumbrances and claims except for this Mortgage and those described in Schedule B which is attached to this Mortgage and incorporated herein by reference, which Mortgagor agrees to pay and perform in a timely manner; (b) Mortgagor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, those relating to "Hazardous Materials", as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Mortgagor's knowledge, threatened, which involve Mortgagor or the Property. Neither Mort aor nor, to the best of Mortgagor's knowledge, any other party has, used, generated, released?dgschar ed, stored, or disposed of any Hazardous Materials In connection with the Property or transported any Hazardous Materials to or from the Property. Mortgagor shall not commit or permit such actions to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste which Is or becomes regulated by any governmental authority including but not limited to: (1) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes, (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Actor any amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter in effect. Mortgagor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; {c} All applicable laws and regulations including, without limitation the Americans with Disabilities Act, q. (and all regulations promulgated thereunder) and all zoning and building laws 4422 U.S.C.12i01 et se and regulations relating to the Property by virtue of any federal, state or municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all rights, Licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming uses, and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy ofthe Property, presently are and shall be obtained, preserved and, where necessary, renewed; LPPA501 B 0 Harland Financial Solullone, Inc. (1/19/04) (800) 937.3799 Pape 2 of 12 Bit 1886PG2238 10/06/2009 11:51:03 AM FOXHIBIT a CUMBERLAND COUNTY Intl 200444433 - Page 2 of 15 11515910062009 Cumberland County Prothonotary's Office Page 1 PYS510 Civil Case Print 1998=02812 GRANDVIEW SURGERY & LASER C NTR (vs) GEKAS CONSTANTINE Reference No..: Filed........: 5/18/1998 Case Type.....: EXEMPLIFIED RECORD Time.........: 4:14 Judgment...... 5478.25 Execution Date 5/18/1998 Judge Assigned: Jury Trial.... Disposed Desc.: SATISFIED Disposed Date. t 1 h C i 12/04/2003 ------------ Ca se Comments ----------- r .: er g -- H Higher Crt 2.: ******************************************************************************** General Index Attorney Info GRANDVIEW SURGERY & LASER PLAINTIFF ALFOR.D BRIGID Q CENTER 205 GRANDVIEW AVE CAMP HILL PA 17011 GEKAS CONSTANTINE DEFENDANT 6205 LOCUST LN MECHANICSBURG PA 17055 Judgment Index Amount Date Desc GEKAS CONSTANTINE 5,478.25 5/18/1998 WRITPOFFEXECUTIOND ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 5/18/1998 EXEMPLIFIED RECORD FROM YORK COUNTY YORK COUNTY COSTS $265.05 ------------------------------------------------------------------- 5/18/1998 NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- 5/18/1998 CERTIFICATE OF RESIDENCE ------------------------------------------------------------------- 5/18/1998 PRAECIPE FOR WRIT OF EXECUTION AND WRIT OF EXECUTION ISSUED $2.50 PD ATTY $1.00 COUNTY $.50 LL ------------------------------------------------------------------- 4/07/2003 SHERIFF'S RETURN (WRIT RETURNED STAYED NO ACTION TAKEN IN SIX MONTHS) SHERIFF PAID $1.00 COUNTY & $0.50 LL SHERIFF'S COSTS $222.87 PD ATTY ------------------------------------------------------------------- 12/04/2003 PRAECIPE TO SATISFY - BY BRIGID Q ALFORD ESQ - - -- - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*q Bal Pmts/Ad! End Bal ******************************** ******** ****** ******************************* EX RECORD/SAT 10.00 10.00 .00 SATISFACTION 5.00 5.00 .00 WRIT OF EXEC 15.00 15.00 .00 SHFF RETURN FEE 1.00 1.00 .00 LAW LIB FEE .50 .50 - .00 --------- -------------- 31.50 ---------- -- 31.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** EXHIBIT A 11520910062009 Cumberland County Prothonotary's Office Page 1 PYS510 Civil Case Print 1998-03827 MCKINNEY M ET AL NO CONSTANTINE GEKAS ET AL Reference No..: Filed........: 7/08/1998 Case Type.....: JUDGMENT - DJ Time.........: 3:23 Judgment.... 4272.00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. t 1 i C 0/00/0000 ------------ Case Comments ------------- r .: gher H Higher Crt 2.: ***************************************************** *************************** General Index A ttorney Info MCKINNEY M PLAINTIFF 625 WHITETAIL DR LEWISBERRY PA 17339 MCKINNEY N PLAINTIFF 625 WHITETAIL DR LEWISBERRY PA 17339 CAPITOL VIEW ENTER PLAINTIFF 625 WHITETAIL DR LEWISBERRY PA 17339 GEKAS CONSTANTINE DEFENDANT 48 BURBON RED RD MECHANICSBURG PA 17055 GEKAS IRENE DEFENDANT 48 BURBON RED RD MECHANICSBURG PA 17055 Judgment Index Amount Date Desc GEKAS 4272.00 7081998 TRANSCRIPT JUDGMENT GEKAS IRENETINE 4,272.00 7/08/1998 TRANSCRIPT JUDGMENT ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 7/08/1998 JUDGMENT FROM DISTRICT JUSTICE DATED MAY 14, 1998 ------------------------------------------------------------------- 7/08/1998 NOTICE MAILED TO DEFENDANTS - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** Escrow Information * Fees & Debits Beq*Bal***Pmts/Add End Bal ******************************** **** ****** ******************************* JDMT/DJ 9.00 9.00 .00 TAX ON JDMT/DJ .25 .25 .00 SATISFACTION 5.00 5.00 .00 ------------------------ ------------ 14.25 14.25 .00 ******************************************************************************** End of Case Information ******************************************************************************** 11535110062009 Cumberland County Prothonotary's Office Page 1 PYS510 Civil Case Print 2000°-00178 SHEIBLEY R L CONSTRUCTION (vs) GEKAS CONSTANTINE N ET AL Reference No..: Filed........: 1/10/2000 Case Type.....: COMPLAINT Time.........: 4:12 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. t 1 i C 0/00/0000 ------------- Case Comments ------------- gher r .: H Higher Crt 2.: ********************************************************************* *********** General Index Attorney Info SHEIBLEY R L CONSTRUCTION PLAINTIFF PHILPOTT JERRY A P 0 BOX 117 BLAIN PA 17006 GEKAS CONSTANTINE N DEFENDANT 25 SOUTH 26TH STREET CAMP HILL PA 17011 GEKAS IRENE A DEFENDANT 25 SOUTH 26TH STREET CAMP HILL PA 17011 Judgment Index Amount Date Desc GEKAS 16803.67 GEKAS IRENE ATINE N 16,803.67 3/03/2000 FAILURE TO ANSWER ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 1/10/2000 COMPLAINT - CIVIL ACTION - RENT AND DAMAGES ------------------------------------------------------------------- 1/14/2000 SHERIFF'S RETURN FILED Litigant.: GEKAS CONSTATINE N SERVED 1/12/00 COMPL Costs....: $37.30 Pd By: JERRY A. PHILPOTT 01/14/2000 ---------------------------- ------- 1/14/2000 SHERIFF'S RETURN FILED Litigant.: GEKAS IRENE A SERVED : 1/12/00 COMPL Costs....: $16.00 Pd By: JERRY A. PHILPOTT 01/14/2000 ------------------------------------------------------------------- 3/03/2000 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED ------------------------------------------------------------------- 3/03/2000 NOTICE MAILED TO DEFENDANTS ------------------------------------------------------------------- 3/03/2000 IMPORTANT NOTICE FILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Bw*Bal***Pymts/Ad End Bal *********************************** ****** ******************************* COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 JDMT/DEFAULT 9.00 9.00 .00 --------------- 54.50 --------- --- 54.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** EXHIBIT A 11545910062009 Cumberland County Prothonotary's Office PYS510 Civil Case Print 2007-07512 INTEGRITY BANK (vs) GEKAS CONSTANTINE N ET AL Reference No... Case Type.....: CONFESSION OF JUDGMENT Judgment..... 162921.48 Judge Assigned: Disposed Desc.: ------------ Case Comments ------------- Page 1 Filed........: 12/17/2007 Time.......... 12:04 Execution Date 1/29/2009 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt l.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info INTEGRITY BANK 3345 MARKET ST CAMP HILL PA 17011 GEKAS CONSTANTINE N 12703 E DESERT COVE AVE SCOTTSDALE AZ 85259 GAKAS DEAN 12703 E DESERT COVE AVE SC'OTTSDALE AZ 85259 PLAINTIFF DAVIDSON CLAYTON W DEFENDANT DEFENDANT Judgment Index Amount Date Desc GEKAS CONSTANTINE N 162,921.48 12/17/2007 CONFESSION OF JUDG GAKAS DEAN 162,921.48 12/17/2007 CONFESSION OF JUDG GEKAS CONSTANTINE N 162,921.48 1/29/2009 WRIT OF EXECUTION GAKAS DEAN 162,921.48 1/29/2009 WRIT OF EXECUTION ******************************************************************************** * Date Entries - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 12/17/2007 CONFESSION OF JUDGMENT AND COMPLAINT ENTERED IN THE AMOUNT OF $162921.48 BY CLAYTON W DAVIDSON ESQ ------------------------------------------------------------------- 12/17/2007 NOTICE MAILED TO DEFENDANTS ------------------------------------------------------------------- 12/17/2007 AFFIDAVIT OF NON MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF DEFTS BY CLAYTON W DAVIDSON ESQ ------------------------------------------------------------------- 12/17/2007 CERTIFICATE OF RESIDENCE BY CLAYTON W DAVIDSON ESQ ------------------------------------------------------------------- 1/13/2009 RETURN OF SERVICE REGARDING NOTICE UNDER PA R CIV P 2958.1 OF JUDGMENT AND EXECUTION THEREON - UPON DEFTS - BY CLAYTON W DAVIDSON ATTY FOR PLFF ------------------------------------------------------------------- 1/29/2009 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND WRIT OF EXECUTION ISSUED - $2.50 PD ATTY - $2.00 COUNTY - $.50 LL ------------------------------------------------------------------- 1/29/2009 AFFIDAVIT PURSUANT TO RULE 3129.1 - BY CLAYTON W DAVIDSON ATTY FOR PLFF ------------------------------------------------------------------- 1/29/2009 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 ------------------------------------------------------------------- 2/18/2009 AFFIDAVIT PURSUANT TO PA RCP NO 3129.2 - NOTICE OF SHERIFFS SALE UPON ENTITIES - BY CLAYTON W DAVIDSON ATTY FOR PLFF ------------------------------------------------------------------- 4/30/2009 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 - BY CLAYTON W DAVIDSON ATTY FOR PLFF ------------------------- -------------------------------------- 5/01/2009 SUPPLEMENTAL AFFIDAVIT PURSUANT TO PA RCP NO 3129.2 - BY CLAYTON W DAVIDSON ATTY FOR PLFF ------------------------------------------------------------------- 6/09/2009 PRAECIPE TO DISCONTINUE WRTI OF EXECUTION OF GARNISHEE INTEGRITY BANK - BY CLAYTON W DAVIDSON ATTY FOR GARNISHEE ------------------------------------------------------------------- 6/18/2009 SHERIFF'S RETURN - WRIT IS RETURNED STAYED SHERIFF PAID $2.00 COUNTY & $0.50 LL SHERIFF'S COSTS $ 918.67 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - rvH EA 181T A 11545910062009 Cumberland County Prothonotary's Office Page 2 PYS510 Civil Case Print 2007-07512 INTEGRITY BANK NO GEKAS CO NSTANTINE N ET AL Reference No..: Filed........: 12/17/2007 Case Type.....: CONFESSION OF JUDGMENT Time.........: 12:04 Judgment...... 162921.48 Execution Date 1/29/2009 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------ - Higher Crt 1.: Higher Crt 2.: * Escrow Information Bal Fees & Debits Beq P*ymts/Add **** *** End Bal **************** ************ *** * ******************************** *** * ** JDMT/CONFESSION 14.00 14.00 .00 TAX ON CONFESS .50 .50 .00 SATISFACTION 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 WRIT OF EXEC 24.00 24.00 .00 2007 SHERF FEE 2.00 2.00 .00 LAW LIB FEE .50 .50 .00 ------- --------------- 54.00 --------- - 54.00 ---- .00 **************************************** **************************** ************ * End of Case Information **************************************** **************************** ************ EXHIBIT A 11552110062009 Cumberland County Prothonotary's Office PYS505 JUDGMENT INDEX INQUIRY Case No. Litigant 2007-07512 GEKAS CONSTANTINE N Description/Amount: CONFESSION OF JUDG 10/06/2009 Page 1 File Date/Time 12/17/2007 12:04 162,921.48 EXHIBIT An 1_1.524910062009 Cumberland County Prothonotary's Office Page 1 PtiS510 Civil Case Print 2008-06105 WORMLEYSBURG BOROUGH OF (vs) GEKAS CONSTANTINE ET AL Reference No... Filed......... 10/10/2008 Case Type.....: JUDGMENT - DJ Time.,........: 2:30 Judgment..... 576.71 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info WORMLEYSBURG BOROUGH OF PLAINTIFF 20 MARKET ST WORMLEYSBURG PA 17043 GEKAS CONSTANTINE DEFENDANT 48 S TERRACE RD WORMLEYSBURG PA 17043 GEKAS IRENE DEFENDANT 48 S TERRACE RD WORMLEYSBURG PA 17043 Judgment Index Amount Date Desc GEKAS 576.71 GEKAS IRENETINE 576.71 10/10/2008 TRANSCRIPT JUDGMENT ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 10/10/2008 JUDGMENT FROM DISTRICT JUSTICE IN THE AMOUNT OF $576.71 DATED NOVEMBER 7, 2007 ------------------------------------------------------------------- 10/10/2008 NOTICE MAILED TO DEFENDANTS - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal Pmts/Add End Bal ******************************** ******* ****** ******************************* JDMT/DJ 14.00 14.00 .00 TAX ON JDMT/DJ .25 .25 .00 SATISFACTION 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ ------------ 27.25 27.25 .00 * End of Case Information ******************************************************************************** ?xwisirA 11.552910062009 Cumberland County Prothonotary's Office Page 1 PYS510 Civil Case Print 2009-01433 CUMBERLAND COUNTY ADULT PROBAT (vs) GEKAS CONSTANTINE NICHOLAS Reference No..: Filed........: 3/09/2009 Case Type.....: JUDGMENT - COSTS FINES Time.........: 11:09 Judgment...... 9336.66 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. t l i h C 0/00/0000 ------------ Case Comments ------------- r .: g er H Higher Crt 2.: ******************************************************************************** General Index Attorney Info CUMBERLAND COUNTY ADULT PLAINTIFF PROBATION 1 COURTHOUSE SQ CARLISLE PA 17013 3387 GEKAS CONSTANTINE NICHOLAS DEFENDANT 12703 E DESERT COVE AVE SCOTTSDALE AZ 85259 4319 Judgment Index Amount Date Desc GEKAS CONSTANTINE NICHOLAS 9,336.66 3/09/2009 PRAECIPE JUDGMENT * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 3/09/2009 PRAECIPE TO ENTER JUDGMENT FOR COSTS AND FINES AND JUDGMENT ENTERED IN THE AMOUNT OF $9336.66 $31.00 DUE COUNTY NOTICE MAILED BY CLERK OF COURTS CP-21-CR-0002883-2006 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * End of Case Information ******************************************************************************** UuHluz%li i"i 11532110062009 Cumberland County Prothonotary's Office PYS510 Civil Case Print 2009-01534 WORMLEYSBURG BOROUGH OF (vs) GEKAS CONSTANTINE ET AL Reference No... Case Type.....: JUDGMENT - DJ Page 1 Filed...... 3/12/2009 Time.......... 10:40 Judgment..... 746.43 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info WORMLEYSBURG 20 MARKET ST WORMLEYSBURG GEKAS CONSTA 48 S TERRACE WORMLEYSBURG GEKAS IRENE 48 S TERRACE WORMLEYSBURG BOROUGH OF PLAINTIFF PA 17043 \TTINE DEFENDANT RD PA 17043 DEFENDANT RD PA 17043 Judgment Index Amount Date Desc GEKAS CONSTANTINE 746.43 3/12/2009 TRANSCRIPT JUDGMENT GEKAS IRENE 746.43 3/12/2009 TRANSCRIPT JUDGMENT ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 3/12/2009 JUDGMENT FROM DISTRICT JUSTICE IN THE AMOUNT OF $746.43 DATED NOVEMBER 14, 2008 ------------------------------------------------------------------- 3/12/2009 NOTICE MAILED TO DEFENDANTS - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - Escrow Information * Fees & Debits Bw Bal Pmts/Ad! End Bal JDMT/DJ 14.00 14.00 .00 TAX ON JDMT/DJ .25 .25 .00 SATISFACTION 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ ------------ 27.25 27.25 .00 ******************************************************************************** * End of Case Information EXHIBIT A CU; , t i IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: CONSTANTINE N GEKAS EVAN N GEKAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - TAX PARCEL NO.: 09-20-1850-044 a 460 Brentwater Road East Pennsboro Township RULE TO SHOW CAUSE c7 AND NOW, this 6'14 day of 2099 upon consideration of the thin Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be served on all parties and addresses listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable J2a&&4-- 3 20JQ at9%lsA.M. i P.M in Courtroom Number ?, at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~~~1CN of C~Itr~t~rY„~~~ Fri F~ -.~`~ Ir~~ Edward L Schorpp Solicitor r`I ~ `;1L, i~r,~~~'i1' Cumberland County Tax Claim Bureau vs. Case Number Constantine N Gekas Page 1 of 3 2009-8805 SHERIFF'S RETURN OF SERVICE 01/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named lien holder, to wit: Attorney Jerry A. Philpott, but was unable to locate hirr in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Rule to Show Cause according to law. 01/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named lien holder, to wit: Community Banks d/b/a Susquehanna Banks, but was unable to locate it in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Rule to Show Cause according to law. 01/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named lien holder, to wit: Capitol View Enterprises, but was unable to locate it in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Rule to Show Cause according to law. 01/11/2010 Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2010 at 1440 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Cumberland County Tax Claim Bureau, by making known unto Melissa Mixell, Adult in Charge, at 1 Courthouse Square, Room 106, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/11/2010 Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2010 at 1439 hours, he seared a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Cumberland County Probation, by making known unto Mike Varner, Adult in Charge, at 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/12/2010 03:44 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1544 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Wormleysburg Borough, by making known unto Kathleen Godfrey, Adult in Charge, at 20 market Street, Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/12/2010 01:52 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1352 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Integrity Bank, by making known unto Judy Levan, Adult in Charge, at 3345 market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/12/2010 02:23 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1423 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Grandview Surgery & Laser Center, by making known unto Larry Rodabaugh, at 205 Grandview Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. . ~nunvS~..rtn ShE;!'{. Te~^c;:u?t. Inc Page 2 of 3 01/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named defendant, Evan N. Gekas, in the following manner: On January 8, 2010, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau to the defendant's last known address of 1045 Laurian Park Drive, Roswell, GA 30075. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by - signature illegible - on, January 12, 2010. 01/12/2010 02:46 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1440 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: East Pennsboro Township Tax Collector, by making known unto Debbie Lupold, Tax Collector, at 98 Enola Drive, Room 101, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 01/12/2010 02:46 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1446 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: East Pennsboro Township, by making known unto Robert Gill, Adult in Charge, at 98 S Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/12/2010 03:01 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1501 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: East Pennsboro Area School District, by making known unto Jen Radel, Adult in Charge, at 890 Valle} Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 01/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau for lien holder Capitol View Enterprises c/o Michael McKinney at 722 Limekiln Road, New Cumberland, York County, Pennsylvania 17070 is being returned NOT SERVED per instruction from Melissa Mixell at the Cumberland County Tax Claim Bureau. 01/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau for lien holder Community Banka d/b/a Susquehanna Banks at 2796 Old Post Road, Harrisburg, Dauphin County, Pennsylvania 17110 is being returned NOT SERVED per instruction from Melissa Mixell at the Cumberland County Tax Claim Bureau. 01/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau for lien holder Jerry A. Philpott, Esquire, at 227 N High Street, Duncannon, Perry County, Pennsylvania 17020 is being returned NOT SERVED per instruction from Meiissa Mixell at the Cumberland County Tax Claim Bureau. 02/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named defendant, Constantine Gekas, in the following manner: On January 8, 2010, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau to the defendant's last known address of 9222 N 123rd Street, Scottsdale, AZ 85259. The certified mail return receipt card was not received by the Cumberland County Sheriffs Office. The United States Postal Service seb site indicates that they attempted to deliver the item at 12:13 PM on January 15 2010 and a notice was left. No further information is available for this item. 02/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named defendant, Constantine Gekas, in the following manner: On January 8, 2010, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau to the defendant's last known address of 13607 E. Geronimo Road, Scottsdale, AZ 85259. The certified mail return receipt card was not received by the Cumberland County Sheriff's Office, but the United States Postal Service web site indicates that the item was delivered at 1:04 PM on January 11, 2010. ri (~f.U:'t?YJUICF ~(1F,~i!F. T$I@C3J'(..t':;;. _. Page 3 of 3 02/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named defendant, Evan Gekas,ln the following manner: On January 8, 2014, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau to the defendant's last known address of 9222 N 123rd Streef, Scottsdale, AZ 85259. The certified mail return receipt card was not received by the Cumberland County Sheriffs Office. The United States Postal Service web site indicates that they "forwarded to a different address at 1:15 PM on January 20, 2010 in Fountain Hills, AZ 85268. This was because of the forwarding instructions or because the address or ZIP Code on the label was incorrect. Information, if available, is updated periodically throughout the day. Please check again later." No other information is available from the USPS web site. ' So Ans rs, Ronny R, Anderson, Sheriff l , f ~.~ \,.J on V'oral, Deputy Sheriff ' Noah Cline, Deputy Sheriff . . ,~ ^ Complete items 1, 2, and 3. Also complete A. Si item 4 if Restricted Delivery is desired. ^ Agent - ^ Print your name and address on the reverse ^ Addressee so that we can return the card to you. B. ed by (Printed Name) C. Da of elivery - ^ Attach this card to the back of the mailpiece, ~ ~ : or on the front if space permits. ' 1. Article Addressed to: D. Is delivery address Brent from Rem 17 Y every address below: ^ No Evan N. ,Gekas 1045 Laurian Park Drive Roswell, GA 30075 3. Service Type Certified Matl ^ Express Matl ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. . 4. Restricted Delivery? (Extra Fee) ^ Y~ _ 2. Article Number 7 0 0 4 13 5 D IJ U D 3 71, 4 5 8 8 31 2v~ g ^~8`~ (transfer from serv/ca, - ~ - S PS Form 3811, February 2004 Domestic Return Receipt to25s5-o2-M-tsoo NO! Tp AL SEAL _ _ Sworn and ubscribed to of re me C~p,UpIA A. gREWaAKER, NOTR.RY PUBLIC this ~ ~ day of 2010 A.D. Carlisle 3©CO, Cumkaerlano° County (~~tr ~'c~mr~ : i~~ Ex,~'~Yi14_.~,. ht~ `3 i - Notary Public - ~;ci Cou!;rySuite Sner~fl, Teecsofl. Inc.