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HomeMy WebLinkAbout12-1642 r'- 1-0 -3FF'1CE r tt ,?ql-i NOTARY IN THE COURT OF COMMON PLEAS OF ` CUMBERLAND COUNTY, PENNSYLVANIA , ' METRO BANK, Plaintiff, VS. YANEK CUSTOM HOMES, INC., Defendant. TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINI WITHIN TWENTY (20) DAYS FROM SERV eA AAULTJUDGMENT MAY BEE S U. A I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3801 Paxton Street Harrisburg. PA 17111 AND THE DEFENDANT(S): 8 South Ri a Road Boiling XngsAW7007 ATTOR1q6LIAPHPMfiITIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF XEC1'Ell 13Y 1H1S LIEN IN THE REAL.FSTATE AF 5 Vicksbu g Cour anicsburg, PA 17050 ATTORI) FOR 9it P_WNTI NO.. abla-l rya Curl CIVIL DIVISION € 1 -51E Lr IAI COUNTY 5Y4_?e'ANtA TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Metro Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 amp slog. 7.5P, a Ck-w Il13( P-462 -7 9 -/0 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, Plaintiff, vs. YANEK CUSTOM HOMES, INC., Defendant. CIVIL DIVISION NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: vs. YANEK CUSTOM HOMES, INC., Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, Plaintiff, vs. YANEK CUSTOM HOMES, INC., Defendant. CIVIL DIVISION NO.. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Metro Bank, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Metro Bank, which has its principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendant is Yanek Custom Homes, Inc., with an address of 8 South Ridge Road, Boiling Springs, Pennsylvania 17007. 3. On or about November 1, 2010, Defendant executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $416,250.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about November 1, 2010, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $416,250.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 4, 2010, as Instrument Number 201032140. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the original principal balance of the aforesaid Mortgage is more than the original principal balance threshold of the Act, and therefore: (a) said Mortgage is not a "residential mortgage" as defined in 41 P. S. §101; (b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S. §101, and; (c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 304,268.83 Interest through 2/27/2012 $ 3,717.96 Late Charges $ 130.96 Expenses $ 1,360.00 Other Fees $ 50.50 Attorney's Fees $ 2,500.00 Title Costs $ 410.00 TOTAL $ 312,438.25 plus interest on the principal sum ($304,268.83) from February 27, 2012, at the rate of $75.02 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $312,438.25, with interest thereon at the rate of $75.02 per diem from February 27, 2012 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Dated: ? 6 4r ? JAN BY: Scott A. Viettencx, tsquire C)NNELLY LLP PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE Principal Loan Date Maturity Loan No Call 1 Coll Account Officer Initials $416,250.00 11-01-2010 11-01-2012 883837350 992 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """" has been omitted due to text length limitations. Borrower: Yanek Custom Homes, Inc. Lender: METRO BANK 8 South Ridge Road COMMERCIAL MORTGAGE DEPARTMENT Boiling Springs, PA 17007 3801 PAXTON STREET HARRISBURG, PA 17111 r 1888) 937-0004 Principal Amount: $416,250.00 Date of Note: November 1, 2010 PROMISE TO PAY. Yanek Custom Homes, Inc. 1"Borrower") promises to pay to METRO BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Four Hundred Sixteen Thousand Two Hundred Fifty & 001100 Dollars (5416,250.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid interest on November 1, 2012. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning December 1, 2010, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Borrower wig pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each daily. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 1.000 percentage point over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.000% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this Note be less than 5.000% per annum or more than the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. AD interest payable under this Note is computed using this method. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to.refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", 'without recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Metro Bank, P 0 Box 4999 Harrisburg, PA 17111-9933. INTEREST RESERVES. Borrower authorizes Lender to place $20,000.00 of the Principal Amount as an interest reserve, which is an estimate of the interest due on the Note ("Interest Reserve"). All interest payments shall be paid from the Interest Reserve. Lender may automatically deduct accrued unpaid interest from the Interest Reserve. Interest will accrue, as described in this Note, on amounts deducted from the Interest Reserve. In the event the interest due under this Note exceeds the Interest Reserve, Borrower will pay accrued unpaid interest when due according to the terms of this Note. Upon maturity, Lender will not advance or disburse the remaining Interest Reserve, if any, to Borrower. The principal due upon maturity will not include any remaining Interest Reserve. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding an additional 4.000 percentage point margin 1"Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. 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 PROMISSORY NOTE Loan No: 883837350 (Continued) Page 2 commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff'in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein: a Construction Mortgage dated November 1, 2010, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(sl or other third party(ies) involved in the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about March 25, 2008. Upon breach of any term of condition therein Lender shalt have the right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. . GUIDANCE LINE ADVANCE. This loan facility is an advance under Guidance Line of Credit Number 88883549777 evidenced by a Promissory Note dated March 28, 2008 in the amount of $650,000.00. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Borrower may notify Lender if Lender reports any inaccurate information about Borrower's account(s) to a consumer reporting agency. Borrower's written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROMISSORY NOTE Loan No: 883837350 (Continued) Page 3 PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: YANEK CUSTOM HOMES, 1 C. BY- - (Seal) S eve r., esident of Yanek Custom Homes, '- L ASIA no LwY.1. V.. 5.15.10.001 UM. K~ rkN-w $.Wm N. km 1557. 2010 AN P0,N WrvN. -PA SAVAMMMM W32131 PW20 EXHIBIT "B" 321,fo so rw,i Parcel Identification Number: 38-18-1342-219 RECORDATION REQUESTED BY: METRO BANK COMMERCIAL MORTGAGE DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 WHEN RECORDED MAIL TO: Metro Bank P O Box 4999 Harrisburg, PA 17111-9933 11111111 OOOSL1 00303?35??` cwt ? SEND TAX NOTICES TO: Yanak Custom Homes, Inc. 8 South Ridge Road Boiling Springs PA 17007 FOR RECORDER'S USE ONLY OPEN - END CONSTRUCTION MORTGAGE AND SECURITY AGREEMENT (This instrument is an open-end mortgage and secures future advances pursuant to 42 Pa. C.S. § § 8143 and 8144, Act No. 126 of 1990) Amount Secured Hereby: $416,250.00 THIS MORTGAGE dated November 1, 2010, is made and executed between Yanek Custom Homes, Inc., whose address is 8 South Ridge Road, Boiling Springs, PA 17007 (referred to below as "Grantor") and METRO BANK, whose address is 3801 PAXTON STREET, HARRISBURG, PA 17111 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant 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 5 Vicksburg Court, Mechanicsburg, PA 17050. The Rea Property parcel identification number is 38-18-1342-219. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND MORTGAGE Loan No: 883837350 (Continued) Page 2 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 $416,250.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. CONSTRUCTION MORTGAGE. This Mortgage is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the Commonwealth of Pennsylvania. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that 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 threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and t, MORTGAGE Loan No: 883837350 (Continued) Page 3 regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. CONSTRUCTION LOAN. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest created by this Mortgage shall have priority over all possible liens, including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably request. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. 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 (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real 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 MORTGAGE Loan No: 883837350 (Continued) Page 4 coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 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 liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. TAX AND INSURANCE RESERVES. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month, or at such other interval as payments under the Note may be due, on the day payments are due under the Note, a sum ("Escrow Funds") equal to one-twelfth, or equivalent fraction if payments are not due monthly, of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage ("Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the amount of the Escrow Funds held by Lender, together with the future monthly or other periodic payments of Escrow Funds prior to the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow Items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. 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 Ibut shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of MORTGAGE Loan No: 883837350 (Continued) Page 5 the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Tide. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Represerrtations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes_ The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (31 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 Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code MORTGAGE Loan No: 883837350 (Continued) Page 6 as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (31 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve 11) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor 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. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Other Defaults. 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 Grantor. Default in Favor of Third Parties. Should 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 Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. MORTGAGE Loan No: 883837350 (Continued) Page 7 Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of 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 Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if 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 Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes 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 MORTGAGE Loan No: 883837350 (Continued) Page 8 court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 110) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. ADVANCE MONEY MORTGAGE. (A) This Mortgage secures future advances made pursuant to the Note or Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. § 8144. (B) If Grantor sends a written notice to Lender which purports to limit the MORTGAGE Loan No: 883837350 (Continued) Page 9 indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances made: (1) to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; (2) to pay taxes, assessments, maintenance charges and insurance premiums; (3) for costs incurred for the protection of the Property or the lien of this Mortgage; (4) on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Note; and (5) on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage. It is the intention of the parties hereto that any such advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any. right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. 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 Yanek Custom Homes, Inc. and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. MORTGAGE Loan No: 883837350 (Continued) Page 10 No. 99-499 ('SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Yanek Custom Homes, Inc.. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross -Collateralization provision of this Mortgage. Lender. The word "Lender" means METRO 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 November 1, 2010, in the original principal amount of $416,250,00 from Grantor 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, fixtdres, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. MORTGAGE Loan No: 883837350 (Continued) Page 11 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE. AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: YANEK CUSTOM HOMES, C. gy: (Seal) 4-meve n r., Pre ident of Yanek Custom Homes, Inc. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, METRO BANK, herein is as fo COMMERCIAL MORTGAGE DEPARTMENT, 3801 PAXTON STREET, HARRISBU , PA 71 Attorne o ent for Mortgagee CORPORATE ACKNOWLEDGMENT COMMONWEALXH OF PENNSYLI(ANIA I )SS '" I COUNTY OF I r On this, the day of _ '-T? Y 20 , before me the undersigned Notary Public, personally appeared Steve J. Yanek, Jr., President of Yanek Custom Homes, Inc., who acknowledged himself or herself to be the President of Yanek Custom Homes, Inc., of a corporation, and that he or she as such President of Yanek Custom Home Inc., being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the .i a of the corporation by himself or herself as President of Yanek Custom Homes, Inc.. A / In witness whereof. I hereunto set my hand and official NOTARIA L SEAL RFNEF, L. MURRAY, Notary Public Nota y Public in and for the Carhsic Bmo. Cumberland County, PA My Commission Expires Dec. 13, 2013 LASER PRO Lending, Ver. 5.53.10.003 Copr. Harland Financial Solutions, Inc. 1997, 2010. All Rights Reserved. PA S:\CFI\LPL\G03.FC TR-32138 PR-20 Exhibit A ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland Counh Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34, North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33, North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms - Phase II, dated 9/17/98 last revised June 23, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. UNDER AND SUBJECT to restrictions and conditions recorded in Deed filed to Instrument No. 200801999. BEING the same premises which Jesse W. Rice Living Trust by deed dated 1/3/08 and recorded 1/18108 to Instrument No. 200801999 granted and conveyed unto Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated March 5, 2001. 552 COtJ1" 7 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201032140 Recorded On 11/4/2010 At 11:37:55 AM * Instrument Type - MORTGAGE Invoice Number - 76095 User ID - RZ * Mortgagor - YANEK CUSTOM HOMES INC * Mortgagee - METRO BANK * Customer - ABSTRACT CO OF CENTRAL PA * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $27.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $78.00 I Certify this to be recorded in Cumberland County PA og cuy ° RECORDER OF D 1730 * Total Pages - 13 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III iiuiiIIINiimiiii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: Vs. YANEK CUSTOM HOMES, INC., Defendant. VERIFICATION I, David M. Chajkowski, Assistant Vice President of Metro Bank depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unswom falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief By: David M. Chajkowski, Assistant Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF t' i ?.l :li t J t'. ''7 NN S';' L"A H11 Metro Bank Case Number vs. Yanek Custom Homes, Inc. 2012-1642 SHERIFF'S RETURN OF SERVICE 03/26/2012 06:47 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2012 at 1847 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Yanek Custom Homes, Inc., by making known unto Steve Yanek, Owner of Yanek Custom Homes, Inc. at 8 S. Ridge Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPUTT- SHERIFF COST: $34.00 March 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF r, CCU T rt. Sher (F ec. 'It 1;t ;._ED-CFFIC : oIH F 40TH01"0 iA t'r12 1, PR, 19 AN 10:.5 ;HRLAND COUNT,' [ ENNSYLVANIA John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates a)pa.net METRO BANK f/k/a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2012-1642 Civil V. YANEK CUSTOM HOMES, INC. Defendant CIVIL ACTION -LAW ANSWER TO COMPLAINT IN MORTGAGE FORECLOSUE AND NOW comes Defendant, YANEK CUSTOM HOMES, INC., by and through its counsel, John S. Kundrat, Esquire, and in support thereof, states as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and, therefore, it is denied and strict proof at trial is demanded. 2. Admitted. 3. Denied. The document styled Promissory Note attached as Exhibit "A" speaks for itself. 4. Admitted in part and denied in part. The document styled as a Mortgage speaks for itself. It is admitted that the document styled as Mortgage was recorded in the Recorder of Deeds of Cumberland County on November 4, 2010, as Instrument 201032140. The balance of the averment is denied in that, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and, therefore, it is denied and strict proof at trial is demanded. 5. Admitted. 6. The averments of Paragraph 6 are a conclusion of law to which no response is required. 7. The averments of Paragraph 7 are a conclusion of law to which no response is required. (a) The averment of Paragraph 7(a) is a conclusion of law to which no response is required. (b) The averment of Paragraph 7(b) is a conclusion of law to which no response is required. (c) The averment of Paragraph 7(c) is a conclusion of law to which no response is required. 8. Denied. It is denied that the amount due is $312,438.25. To the contrary, if anything is due to Plaintiff by Defendant, it is an amount less than the aforementioned sum. WHEREFORE, the Defendant requests that Plaintiff's Complaint in Mortgage Foreclosure be dismissed. KUNDRAT & ASSOCIATES .D AA By ohn S. Kundrat, Esquire Attorney for Defendant DATED: April 17, 2012 VERIFICATION I, STEVE YANEK, authorized agent of YANEK CUSTOM HOMES, INC., do hereby verify that the facts stated in the foregoing instrument 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. Date: CERTIFICATE OF SERVICE AND NOW, this ff?4day of ) , 2012, I, Anna M. Hause, secretary for the law firm of Kundrat & Associates, Counsel for Defendant, hereby certify that a true and correct copy of the foregoing Answer to Complaint in Mortgage Foreclosure was served via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Scott A. Dietterick, Esquire JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 KUNDRAT & ASSOCIATES Anna M. Hause 107 Boas Streets Harrisburg, PA 17102 717-232-3755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, Plaintiff, vs. CIVIL DIVISION NO.:2012-1642 Civil F?- C.? 1 r YANEK CUSTOM HOMES, INC., Defendant. MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa.R.C.P. 1035.2 Metro Bank ("Plaintiff"), by its attorneys, James, Smith, Dietterick, & Connelly, LLP, files the following Motion for Summary Judgment Pursuant to Pa. R.C.P. 1035.2: 1. Plaintiff commenced the above-captioned action by filing a Complaint in Mortgage Foreclosure on or about March 6, 2012. In its Complaint, Plaintiff alleges that Defendant Yanek Custom Homes, Inc. is in default under the terms of a Note, dated November 1, 2010, in favor of Metro Bank in the original principal amount of $416,250.00 ("Note") and e Mortgage securing said Note on real property and improvements thereon commonly known as Vicksburg Court, Mechanicsburg, PA 17050 ("Premises"). 2. Defendant, Yanek Custom Homes, filed an Answer to Plaintiff's Complaint on about April 18, 2012. 3. Pennsylvania Rule of Civil Procedure 1029 (b) states "[a]verments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof... shall have the effect of an admission." 4. In its Answer, Defendant admits executing and delivering a Note and Mortgage at:k W 3 A !'1t W/ C a 47 --a ? i _-711 ca -„ 7 K? "i. (Answer ¶ 3-4). 5. In its Answer, Defendant generally denies its default as a conclusion of law (Answer at ¶ 6). 6. Defendant denies Plaintiff was not required to mail an Act 6 Notice (Answer at 7). Accordingly, this presents a legal issue and not an issue of material fact. 7. Defendant denies the principal amount due and owing, claiming to owe less the aforementioned sum (Answer at ¶ 8). 8. Defendant has not offered any proof in support of these denials. 9. To further support the averments in its Complaint, Plaintiff has filed a sworn affidavit, which is attached hereto as Exhibit "A" and incorporated by reference. In the Affidavit, an authorized representative of the Plaintiff certifies that the Defendant is in default under the terms of the Note and Mortgage, and further certifies the amount due and owing Plaintiff. The testimony is based on the Loan History Report, a business record of Plaintiff maintained in the normal course of business. 10. According to the Loan History Report, the amount due and owing by the Defendant to Plaintiff is as follows: Principal $304,268.83 Interest through 4/30/2012 $6,380.31 Late Charges $ 257.74 Expense $3,860.00 Other Fees $50.50 Title Costs $ 410.00 Total $315,227.38 11. Defendant has failed to raise a genuine issue of material fact in its Answer and has effectively admitted all material allegations against them, therefore, pursuant to Pa.R.C.P. 1035.2, Plaintiff is entitled to summary judgment as a matter of law. WHEREFORE, pursuant to Pa.R.C.P. 1035.2, Plaintiff respectfully requests this Honorable Court grant its Motion for Summary Judgment and enter Judgment in Mortgage Foreclosure in its favor and against Defendant Yanek Custom Homes in the total amount of $315,227.38, additional late charges, attorneys' fees and costs, and for foreclosure and sale of Mortgaged Premises. Respectfully submitted, JAMES, SMITH, DIETTERICK, & CONNELLY ev Scott A. Dietterick, Esquire Pa. I.D. # 55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Ralph M. Salvia, Esquire Pa. I.D. #202946 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: 2012-1642 CIVIL vs. YANEK CUSTOM HOMES, INC., Defendant. AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY I, David M. Chajkowski, for Metro Bank Fk/a Commerce BankJHarrisburg, N.A., being first duly sworn, say of my own personal knowledge that: 1. I am the Assistant Vice President and a duly authorized representative of Plaintiff i the above-captioned action. 2. This action is brought to foreclose on a Mortgage, which. Mortgage secured a Note dated November 1, 2010, executed by Defendant in favor of Plaintiff, in the original principal amount of $416,250.00 ("Note"). 3. As security for payment of the aforesaid Note, Defendant executed a Mortgage, dated of even date, in the original principal amount of $416,250.00. A true and correct copy of Mortgage is attached as Exhibit "B" to Plaintiff s Complaint in Mortgage Foreclosure. 4. The aforesaid Note and Mortgage are neither insured by the Department of H and Urban Development nor subject to the requirements of the FHA Mortgage Insurance Program under the National Housing Act. 5. The Loan History, with regard to the loan upon which judgment is requested against the Defendant ("Loan History") is a record of Plaintiff maintained in the regular course of business reflecting all payments made on the account, along with the corresponding balance, and accurately reflects the amount due and owing by Defendant. 6. By reason of the foregoing facts, and after allowing Defendant all proper credits, and set-offs, the following is due and owing by Defendant to Plaintiff, which is computed as follows: Principal $ 304,268.83 Interest through 4/30/2012 $ 6,380.31 Late Charges $ 257.74 Expenses $ 3,860.00 Other Fees $ 50.50 Title Costs $ 410.00 TOTAL $ 315,227.38 plus interest on the principal sum ($304,268.83) from April 30, 2012, at the rate of $42.26 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys" fees and costs and for foreclosure and sale of the mortgaged premises. BY SWORN TO AND SUBSCRIBED BEFORE COMMONWEALTH OF PENNSYLVANIA Notarial Seal ME THIS. a DAY OF Q_U n e--, 20 1 a- wneeta Kushla, Notary Public Spring Garden Tvrp., York County hN Commission Expires Feb. 26, 2014 1?( U Member, Pennsylvania Association of Notaries NOTARY PUBLIC MY COMMISSION EXPIRES: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, Plaintiff, vs. YANEK CUSTOM HOMES, INC., Defendant. CIVIL DIVISION NO.:2012-1642 Civil CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Motion For Summa Judgment was served on the following this day of July, 2012, via First Class U.S. Mail, Postage Pre-Paid: John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 JAMES, SMITH, DIETTERICK, & CONNELLY I/? Scott A. Dietterick, Esquire Pa. ID # 55650 Kimberly A. Bonner, Esquire Pa. ID # 89705 Ralph M. Salvia, Esquire Pa. ID #202946 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 OF THE PROTHONOTARY 2012 AUG -6 AN 9: 55 0 CUMBERLAND COUNTY PENNSYLVANIA John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates(i0a.net METRO BANK Fk/a Commerce Bank/Harrisburg, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl Plaintiff V. YANEK CUSTOM HOMES, INC. Defendant : NO. 2012-1642 Civil : CIVIL ACTION -LAW DEF'ENDAN'TS RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa. R.C.P. 1035.2 AND NOW comes Defendant, YANEK CUSTOM HOMES, INC., by and through its counsel, John S. Kundrat, Esquire, and in response to Plaintiff's Motion for Summary J Pursuant to Pa. R.C.P. 1035.2, states as follows: 1. Admitted with clarification. It is admitted that a Complaint was filed by Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. on or about March 6, 2012. The Complaint for itself. 2. Admitted. 3. Pa. R.C.P. 1029(b) speaks for itself. 4. Denied. It is denied that Defendant admits executing and delivering a Note and Mortgage. To the contrary, the response to Paragraph 3 and Paragraph 4 of the Complaint are forth below. "3. Denied. The document styled Promissory Note attached as Exhibit "A" speaks for itself. 4. Admitted in part and denied in part. The document styled as a Mortgage speaks for itself. It is admitted that the document styled as Mortgage was recorded in the Recorder of Deeds of Cumberland County on November 4, 2010, as Instrument 201032140. The balance of the averment is denied in that, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and, therefore, it is denied and strict proof at trial is demanded." Admitted. 6. The answer to Plaintiff's Paragraph 7 in its Complaint speaks for itself. it is a legal issue or an issue of material fact is a conclusion of law. 7. Admitted. Admitted with clarification. It is admitted that, to date, Defendant has not any proof in support of these denials. However, substantial discovery will be conducted and proof in support of all denials shall be supplied to the Court. Furthermore, it is requested that Court permit the Defendant to take depositions and other discovery it deems necessary to properly defend Defendant in this matter. Failure to permit such discovery would greatly prejudice the Defendant. 9. Admitted in part with clarification and denied in part. It is admitted that a document styled an "Affidavit" of an alleged authorized representative of Plaintiff is attached Exhibit "A" to Plaintiff's Motion. This Affidavit does not comply with the definition of affida as set forth in Pa. R.C.P. 76. It is not "sworn to or affirmed" nor does it contain a statement th it is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. It is sworn only in the sense that the signature is sworn to by a notary public to be authentic. Furthermore, no documentation reflects that the Affiant is an authorized representative of Plaintiff. The Affidavit is allegedly based upon a "Loan History Report". However, the Loan History Report is not attached to the Affidavit. By way of further answer, nowhere in the Affidavit does Plaintiffs representative state that the Defendant is in default. does state an amount due in the Affidavit, but the amount due in the Affidavit and Motion difi from the amount set forth in the Complaint. See Paragraph 10 herein. 10. Denied. It is denied that the amount due is $315,227.38. Plaintiff refers to the Loan History Report, but the Loan History Report is not attached separately as an exhibit to the Motion or as part of the Affidavit attached as Exhibit "A". Defendant must have access to the Loan History Report to determine how the amounts set forth in the Complaint and the Motion were calculated. All three (3) documents contain references to expense, but no explanation is given as to how this expense was incurred or why Defendant is obligated for same. There is a reference to title costs of $410.00, but nowhere in the Affidavit, Complaint or Motion does Plaintiff address how this amount was calculated or why it is owed. Additionally, the total set forth in the Complaint differs from the Motion. It is averred that the Loan History Report must be attached to properly calculate the balance due, if any. The Complaint references a balance due of $312,438.25. In summary, the balance due alleged in the Complaint and Motion are in conflict. See below. Complaint Principal 304,268.83 Interest thru 3,717.96 2/27/12 Late Charges Expenses Other Fees Attorney's Fees Title Costs Total 130.96 1,360.00 50.50 2,500.00 410.00 312,438.25 Motion Principal 304,268.83 Interest thru 6,380.31 4/30/12 Late Charges Expense Other Fees Title Costs Total Affidavit Principal 304,268.83 Interest thru 6,380.31 4/30/12 257.74 Late Charges 257.74 3,860.00 Expenses 3,860.00 50.50 Other Fees 50.50 410.00 Title Costs 410.00 315,227.38 Total 315,227.38 11. Denied. To the contrary, Defendant has raised genuine issues of material facts his Answer to Complaint and Response to Plaintiff s Motion. Additionally, no discovery has been conducted but will be conducted prior to the hearing in this matter if permitted by the Court. It is submitted that the information to be supplied by affidavit and deposition or other discovery will reflect more than adequate issues of material facts that would require the denial i this Motion for Summary Judgment. WHEREFORE, Defendant respectfully requests that this Court dismiss this Motion for Summary Judgment. DATED: August 1, 1012 KUNDRAT & ASSOCIATES By 11' -- Kundrat A rney for Defendant )f VERIFIC&UM 1, STEVE YANEK, authorizod agent ofYANEK CUSTOM HOMES, INC., do hereby verify that the facts stated in the faregoing instnment 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 t8 Pa CS. §4904 relating to uoswo falsification to authorities. S e Date: I?// ?'?- -- CERTIFICATE OF SERVICE AND NOW, this 3 rdday of UUJU,6-t- , 2012, I, Anna M. Hause, secretary for the law firm of Kundrat & Associates, Counsel for Defendant, hereby certify that true and correct copy of the foregoing Defendant's Response to Plaintiff's Motion for Summar Judgment Pursuant to Pa. R.C.P. 1035.2 was served via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Scott A. Dietterick, Esquire JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 KUNDRAT & ASSOCIATES Anna M. Hause 107 Boas Streets Harrisburg, PA 17102 717-232-3755 Cg ? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Metro Bank vs. Yanek Custom Homes, Inc. No. 2012-1642 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify all counsel who will argue cases: r - (a) for plaintiffs: _ r , Kimberly A. Bonner, Esquire (Name and Address) ; - P.O. Box 650, Hershey, PA 17033 (b) for defendants: John S. Kundrat, Esquire ' (Name and Address) 107 Boas Street, Harrisburg, PA 17102 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 7, 2012 Kimberl A. ner, Esquire Signatur Print your n Plaintiff 2012 Attorney for August 9 , Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. */9. 7Sfo f??? `J C'{#- /3 ?#74/7 \1 METRO BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VS. NO.:2012-1642 Civil YANEK CUSTOM HOMES, INC., Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe Listing Case for Argument was served on the following this 9th day of August, 2012, via First Class U. S. Mail, Postage Pre-paid: John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 JAMES, SMI H, DIETT RICK & CONNELLY LLP Date: I BY Kimberly A. Bonner, Esquire PA I.D. 89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 L;L rt ?, 4A" 23 P 12'- 23 t 1j1,,j RLAND COUNTY pEH%,SYLVAN1A John S. I undrat, Esquire Kundrat & Associates 107 Boa$ Street HarrisbuIrg, PA 17102 Attorney ID No. 24958 Telepho*e: 717-232-3755 Fax: 711-232-9608 METRO BANK f/k/a IN THE COURT OF COMMON PLEAS OF Comme*e Bank/Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. YAN% CUSTOM HOMES, INC Defendant : NO. 2012-1642 Civil CIVIL ACTION - LAW MOTION TO REMOVE CASE FROM ARGUMENT LIST AND NOW, comes Defendant, Yanek Custom Homes, Inc., by its attorneys, KUNDRAT & ASSOCIATES, and states the following: L This matter was listed by Plaintiff's counsel without discussion with Defendant's counsel.' 2. Notice of listing for argument was received by Defendant's counsel on August 22, 2012. 3. A Motion for Discovery in this matter is currently pending before the Court. 4. Defendant's counsel has a hearing on September 7, 2012, at 10:00 A.M. which was scheduled some time ago. 5. Defendant's counsel is a sole practitioner. 6. Pursuant to local rules, Defendant's Brief is required to be filed by August 31, 2012. 7 Defendant's counsel's secretary is on vacation August 29, 30 and 31, 2012, and Labor D4y is being observed on September 3, 2012. 8 On August 29, 2012, Defendant's counsel is required to be at John Hopkins Hospital lin Baltimore, Maryland, with his spouse. 9 Defendant's counsel, on Sunday, August 26, 2012, is required to take his daughter to New York to college. WHEREFORE, based upon the above, Defendant's counsel respectfully requests that this matter b$ removed from the argument list for September 7, 2012. Respectfully submitted, KUNDRAT & ASSOCIATES for Defendant Dated: August 23, 2012 CERTIFICATE OF SERVICE AND NOW, this J rdday of t-A-1 Lt,5f , 2012, I, Anna M. Hause, secretary) for the law firm of Kundrat & Associates, Counsel for Defendant, hereby certify that a true and ?orrect copy of the foregoing Defendant's Motion to Remove Case from Argument List was ser4d via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Scott A. Dietterick, Esquire JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 KUNDRAT & ASSOCIATES Anna M. Hause 107 Boas Streets Harrisburg, PA 17102 717-232-3755 a r.? 77' r John S. Kundrat, Esquire rn c . -0 Kundrat & Associates 107 Boas Street r ? ? Harrisburg, PA 17102 x c -s ry ca -I = Attorney ID No. 24958 Q 23 o ca Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates pa.net METRO BANK f/k/a IN THE COURT OF COMMON PLEAS OF Commerce Bank/Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO V. YANEK CUSTOM HOMES, INC. Defendant CIVIL ACTION -LAW METRO' BANK f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1642 Civil V. YANEK'CUSTOM HOMES, INC Defendant CIVIL ACTION -LAW METRO' BANK f/k/a Commerce Bank/ Harrisburg, N.A. Plaintiff V. STEVE J. YANEK, JR. and EDIE J YANEK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-2397 Civil Defendants : CIVIL DIVISION MOTION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY AND FOR TRIAL AND NOW, come Defendants, Yanek Custom Homes, Inc., and Steve J. Yanek, Jr., and Edie J. Yanek, by their attorneys, KUNDRAT & ASSOCIATES, and states the following: Metro Bank f/k/a Commerce Bank/Harrisburg, NA v. Yanek Custom Homes, Inc. Docket No. 2012-1641 Civil 1. A Complaint was filed in this matter on March 14, 2012. 2. An Answer to Complaint was filed on April 19, 2012. 3. A Motion for Summary Judgment was filed on or about July 6, 2012. 4. A Response to Motion for Summary Judgment was filed on August 6, 2012. 5. Without contact with Defendant's counsel, Plaintiff filed a Praecipe to List Case for Argument. 6. Discovery is necessary for Defendant to be properly represented. 7. A Motion for Discovery was filed on or about August 23, 2012. Metro Bank f/k/a Commerce Bank/Harrisburg, NA v. Yanek Custom Homes, Inc. Docket No. 2012-1642 Civil 8. A Complaint was filed in this matter on March 14, 2012. 9. An Answer to Complaint was filed on April 19, 2012. 10. A Motion for Summary Judgment was filed on or about July 6, 2012. 11. A Response to Motion for Summary Judgment was filed on August 6, 2012. I 2. Without contact with Defendant's counsel, Plaintiff filed a Praecipe to List Case for Argument. 13. Discovery is necessary for Defendant to be properly represented. 14. A Motion for Discovery was filed on or about August 23, 2012. Metro Bank f/k/a Commerce Bank/Harrisburg v. Steve J. Yanek, Jr. and Edie J. Yanek Docket No. 2012-2397 Civil 15. A Complaint in Confession of Judgment was filed in this matter on April 19, 2012. 16. An Answer to the Complaint in Confession of Judgment with New Matter was filed on May 18, 2012. 17. A Petition to Open Judgment was filed on May 18, 2012. 18. A Rule to Show Cause was issued on May 23, 2012. 19. An Answer to Defendant's Petition to Open Judgment was filed on or about June 8, 2012. 20. Discovery is necessary for Defendant to be properly represented. 21. A Motion for Discovery was filed on or about August 23, 2012. 22. Pursuant to Pa. R.C.P. 213(a): "In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court ... may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay." 23. Both foreclosure actions referenced above involve common questions of law and fact which arise in similar transactions. 24. The Complaint in Confession of Judgment relates to the foreclosure actions and involves the same issues as the foreclosure actions. WHEREFORE, Defendants respectfully request that the Court consolidate discovery on all three (3) actions and permit consolidation on the two (2) foreclosure actions for trial. KUNDRAT & ASSOCIATES By John . Kundrat Attorney for All Defendants Dated: August 22, 2012 CERTIFICATE OF SERVICE ss// r?ll l AND NOW, this chi day of Yd' Us ? , 2012, I, Anna M. Hause, secretary for the law firm of Kundrat & Associates, Counsel for Defendants, hereby certify that a true and correct copy of the foregoing Motion to Consolidate was served via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Scott A. Dietterick, Esquire JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 KUNDRAT & ASSOCIATES Anna M. Hause 107 Boas Streets Harrisburg, PA 17102 717-232-3755 NoTAh /0• e g clIQ E RS No COjjNT Ct,qNlq John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney' ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates Lo-)pa.net METRO! BANK f/k/a IN THE COURT OF COMMON PLEAS OF Commerce Bank/Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2012-1642 Civil V. YANEK'CUSTOM HOMES, INC Defendant CIVIL ACTION -LAW MOTION FOR DISCOVERY AND NOW, comes Defendant, Yanek Custom Homes, Inc., by its attorneys, KUNDRAT & ASSOCIATES, and states the following: A Complaint was filed in this matter on March 14, 2012. 2. An Answer to Complaint was filed on April 19, 2012. 3. A Motion for Summary Judgment was filed on or about July 6, 2012. 4. A Response to Motion for Summary Judgment was filed on August 6, 2012. Without contact with Defendant's counsel, Plaintiff filed a Praecipe to List Case for Argument. 6. Discovery is necessary for Defendant to be properly represented. WHEREFORE, it is requested that Defendant be permitted to conduct discovery which includes, but it not limited to, a deposition of a representative of Plaintiff as well as a Request for Production of Documents. KUNDRAT & ASSOCIATES By Jo S. undrat, Esquire Attorney for Defendant Dated: August 22, 2012 CERTIFICATE OF SERVICE AND NOW, this day of 40V S+ , 2012, I, Anna M. Hause, secretary for the law firm of Kundrat & Associates, Counsel for Defendant, hereby certify that a true and correct copy of the foregoing Motion for Discovery was served via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Scott A. Dietterick, Esquire JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 KUNDRAT & ASSOCIATES Anna M. Hause 107 Boas Streets Harrisburg, PA 17102 717-232-3755 METRO BANK f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. YANEK CUSTOM HOMES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-1642 Civil ~ ~~' . N '~' '"~ .~ ~1' ~'- ~ ~ ^ ~ ~ :CIVIL ACTION -LAW p .. m ''~ ORDER TO REMOVE CASE FROM ARGUMENT LIST AND NOW, this ~ y ~ day of /~~.,, ~' , 2012, upon consideration of Defendant's Motion to Remove Case from Argument List, it is hereby ORDERED and DECREED that the above-captioned matter shall be removed from the argument list for September 7, 2012. Distribution• Plaintiff s Attorney: l~ John S. Kundrat, Esq. 107 Boas Street Harrisburg, PA 17102 Telephone: (717) 232-3755 Email Address: Kundrat-associatesnpa.net Z'pp;rs ~~ /tea( ~~d'~~d Defendant's Attorney: Scott A. Dietterick, Esquire P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Email Address: ~~L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C� METRO BANK, CIVIL DIVISION Plaintiff, C cn D VS. NO.:2012-1642 Civil c 7, :x YANEK CUSTOM HOMES, INC., Defendant. ORDER OF COURT AND NOW, this S"" day of 200, upon consideration of the Motion for Summary Judgment filed on behalf of Plaintiff, Metro Bank, it is hereby ORDERED, ADJUDGED and DECREED that the Motion is granted and Judgment in Mortgage Foreclosure is entered in favor of Plaintiff and against Defendant Yanek Custom Homes in the amount of $315,227.38 plus interest, additional late charges, attorneys' fees and costs, and for foreclosure and sale of the Mortgaged Premises commonly known as 5 Vicksburg Court, Mechanicsburg, PA 17050. BY THE COURT: J. YIS-113 4, y/013 COP L IN THE COURT OF COMMON PLEAS OF c C —° CUMBERLAND COUNTY, PENNSYLVANIA rnw METRO BANK, CIVIL DIVISION r-a. m do No.: 2012-1642 CIVIL k' Co GC') Plaintiff, ISSUE NUMBER: 'y cn -< r-D TYPE OF PLEADING: Vs. PRAECIPE FOR JUDGMENT PURSUANT TO ORDER OF COURT YANEK CUSTOM HOMES, INC., (Mortgage Foreclosure) Defendant. FILED ON BEHALF OF: Metro Bank, Plaintiff I Hereby certify that the last known address COUNSEL OF RECORD FOR THIS of Defendants is/are: PARTY: 8 SLprings, d BoA 700 Scott A. Dietterick, Esqu ire Pa. I.D. #55650 quire Attorney for Plaintiff JAMES, SMITH,DIETTERICK& CONNELLY LLP P.O.Box 650 Hershey,PA 17033 (717) 533-3280 46. a CV-4 Ili ?U /p*d001 4s tvu- o WOW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil vs. YANEK CUSTOM HOMES, INC., Defendant. PRAECIPE FOR JUDGMENT PURSUANT TO ORDER OF COURT TO: PROTHONOTARY SIR/MADAM: Please enter a judgment in mortgage foreclosure in the above captioned case pursuant to the attached Order of Court, dated April 5, 2013, in favor of Plaintiff and against Defendant, Yanek Custom Homes, Inc., in the amount of$315,227.38 plus interest from May 1, 2012 at the rate of$75.02 per diem plus additional late charges and attorneys' fees and costs. ' ( JAMES SMI IE RICK & CONNELLY LLP Date: `I - ' -I By. Scot ttenc , squire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who,being duly sworn according to law, deposes and says that the Defendant(s) is/are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice(s) of Intent to take Default Judgment was/were mailed in accordance with Pa. R.C.P. 237.1, s evidenced e attached copies. f Scott A. Dietterick, Esquire Sworn to and subscribed before me this 15`h day of April, 2013. C�l'1/la V« Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO,DAUPHIN COUNTY My Commission Expires Feb 2,2017 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil vs. YANEK CUSTOM HOMES, INC.; Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Yanek Custom Homes, Inc. ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment lwas ' entered in the above captioned proceeding on Y III. ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $315,227.38 plus interest from May 1, 2012 at the rate of$75.02 per diem plus additional late charges and attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Col C-) , METRO BANK, CIVIL DIVISION �� a y M103 'V� m^ Plaintiff, .:v -vim U,r y oc <x' Ln c vs. N0.:2012-1642 Civil YANEK CUSTOM HOMES, INC., Defendant. ORDER OF COURT AND NOW, this S` day of OQMA � , 200, upon consideration of the Motion for Summary Judgment filed on behalf of Plaintiff, Metro Bank, it is hereby ORDERED, ADJUDGED and DECREED that the Motion is granted and Judgment in Mortgage Foreclosure is entered in favor of Plaintiff and against Defendant Yanek Custom Homes in the amount of $315,227.38 plus interest, additional late charges, attorneys' fees and costs, and for foreclosure and sale of the Mortgaged Premises commonly known as 5 Vicksburg Court, Mechanicsburg, PA 17050. BY THE COURT: J. IN THE COURT OF CCF l"DN PLEAS OF C134BFR M COUN'T'Y, PENNSYLVANIA Metro Bank CIVIL DIVISION File No. 2012-1642 Civil (Plaintiff) : Amount Due $ 315 227.38 Interest from 5/1/20I2 date of sae to $ 36,904.84 Yanek Custom Homes,Inc. Atty's Conn Costs (Defendant(s) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instalirrent sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EDdFX:MON Issue writ of execution in the above matter to the Sheriff of Cumberlan(p County, for debt, interest and costs upon the following described property ab e — Z' defendant(s) ern -0 i- See Exhibit "A" attached. u — -o tr1 0 PRAECIPE FOR ATT'AC[IMD?T EXECL)TION :;t: c t Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) a s against real estate of the defendant(s) described in the attached exhibi . DATE. April 15, 2013 Signature: C5) Print Name: Scott A. Dietterick, Esquire Address: dames Smith Dietterick & Connelly LLP t3td'OO / P 0 Hex 650, Hershey PA 17033 `{y it (I Attorney for: Plaintiff 1t ttt( Telephone: (717) 533-3260 r lr,ft /t i SSu}prerre Court ID No. : 55650 50 7s(� � a91�3aN6rl o � � c� f � LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County,Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision.Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East,a distance of 184.43 feet to a point at the northwest comer of Lot No. 35 on the hereinafter described Final Subdivision Plan;thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest comer of Lot No. 34 on the hereinafter described Final Subdivision PIan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast comer of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court;thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet,an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase 11,dated 9/17/98 last revised June 23, 2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81,Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas HaWas,Trustee and Carolyn H. Halkias,Trustee of die Nicholas Halkias Living Trust dated 3/5/2001, by their Deed dated November 1, 2010 and recorded on November 4,2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes,Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., mo ' ,Y�7 Defendant. CI)r— �,r AFFIDAVIT PURSUANT TO RULE 3129.1 s A' Metro Bank, Plaintiff in the above action, sets forth as of the date the Praecip nor ; Writ of Execution was filed the following information concerning the real property located at 5 Vicksburg Court, Mechanicsburg, Pennsylvania 17050: 1. Name and Address of Owner(s) or Reputed Owner(s): YANEK CUSTOM HOMES, INC. 8 South Ridge Road Boiling Springs, PA 17007 2. Name and Address of Defendant(s) in the Judgment: YANEK CUSTOM HOMES, INC. 8 South Ridge Road Boiling Springs, PA 17007 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: METRO BANK Plaintiff FLEAGLES PAINTING LLC 621 East Orange Street Shippensburg, PA 17257 and c/o Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 4. Name and Address of the last record holder of every mortgage of record: METRO BANK Plaintiff NICHOLAS HALKIAS, TRUSTEE 1330 Quail Hollow Road and CAROLYN H. HALKIAS,TRUSTEE Harrisburg,PA 1711.2 OF THE NICHOLAS HALKIAS LIVING TRUST 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX Cumberland Co Courthouse CLAIM BUREAU One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE Bureau of Corporation Taxes P.O. Box 280427 Harrisburg, PA 17128-0427 DEPARTMENT OF REVENUE Bureau of Business Trust Fund Taxes P.O. Box 280905 Harrisburg, PA 17128-0905 PA DEPARTMENT OF LABOR&INDUSTRY Office of Unemployment Compensation 651 Boas Street,Room 1700 Harrisburg, PA 17121 CURRENT OCCUPANTS/TENANTS 5 Vicksburg Court Mechanicsburg, PA 17050 T Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland Co Courthouse RELATIONS OFFICE One Courthouse Square Carlisle,PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMIT t,-Escquire & CONNELLY LLP DATED: - S I BY: Scott . Die e Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil C c T f�7m �• -� YANEK CUSTOM HOMES, INC., • rte-�' c� cs' Defendant. c NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO "' X PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Yanek Custom Homes, Inc. 8 South Ridge Road Boiling Springs, PA 17007 TAKE NOTICE: That the Sheriffs Sale of Real Property(Real Estate)will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 4, 2013, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 8 South Ridge Road Boiling Springs,Pennsylvania 17007 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2012-1642 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Yanek Custom Homes, Inc. A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes),.will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it,within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, 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 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 Sheriffs 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 Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of 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, Cumberland County Courthouse, One Courthouse Square,4th Floor, Carlisle, Pennsylvania 17013,before presentation of the petition to the Court. JAMES, SMITH, D E CK CONNELLY LLP DATED: H S — BY: tt A. Dietterick, Esquire Pa. I.D. #55650 Attomeys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County,Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East,a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan;thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan;thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest comer of Lot No. 33 on the hereinafter described Final Subdivision Plan;thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost comer of Lot No. 30 on the hereinafter described Final Subdivision Plan,the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase 11, dated 9/17/98 last revised June 23, 2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81,Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court,Mechanicsburg,PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias,Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Xanek Custom Homes, Inc. PARCEL NO. 3 8-18-1342-219 Exhibit"A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1642 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK, Plaintiff(s) From YANEK CUSTOM HOMES,INC. (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 gamishee(s)that: (a)an attachment has been issued;(b)the gamishee(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: $315,227.38 L.L.: .50 Interest FROM 5/1/2012 DATE OF SALE TO 536,909.84 Arty's Comm: Due Protby: $2.25 Arty Paid: $222.25 Other Costs: Plaintiff Paid: Date: 4116113 Da B ell thono ary (Seal) By: _ Deputy REQUESTING PARTY: Name:SCOTT A.DIETTERICK,ESQUIRE Address;JAMES SMITH DIETTERICK& CONNELLY LLP P.O.BOX 650 HERSHEY,PA 17033 Attorney for.PLAINTIFF Telephone: 717-533-3280 Supreme Court 1D No.55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C:7 C_.t METRO BANK, CIVIL DIVISION 7' � = { Plaintiff, ; `f� `•3 =��_� NO.: 2012-1642 CIVIL ' VS. ISSUE NO.. n Y.k YANEK CUSTOM HOMES, INC., ; 7=�= TYPE OF PLEADING: Defendant. Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Metro Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK& CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. Pa.R.C.P. RULE 3129.2(c)AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST 1, Scott A. Dietterick, Esquire, attorney for Metro Bank, Plaintiff,being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Yanek Custom Homes, Inc., is the record owner of the real property. 2. On or about July 3, 2013,Defendant,Yanek Custom Homes, Inc.,was served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa.R.C.P. 3129,personally by the Sheriff of Cumberland County handing to Edie Yanek, Vice President, at the address of 8 S. Ridge Road, Boiling Springs, Pennsylvania 17007. A true and correct copy of said Notice and Sheriff's Return of Service are marked Exhibit"A", attached hereto and made a part hereof. 3. On'or about May 8, 2013,Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff s Sale according to Plaintiff s Affidavit Pursuant to Rule 3129.1,via First Class U.S. Mail,Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit"B",attached hereto and made a part hereof. Finally, the.undersigned deposes and says that Defendant/Owner and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, SMI H IET CONNELLY LLP Dated: 1 3 1' i s BY: Sco . Diettenck, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this 31St day of July, 2013. 01 50 V OC)cf_ Notary Public MY COMMISSION EXPIRES: F NOTARIAL SEAL HRISTINE L SPURLOCK Notary Public TOWN BORO,DAUPHIN COUNT mission Expires Feb 2.2017 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith �9ti�t� cCuihb�r � Chief Deputy Richard W Stewart Solicitor RFFJGE OF`PKE SHERIFF Metro Bank vs. Case Number Yanek Custom Homes, Inc. 2012-1642 SHERIFF'S RETURN OF SERVICE 06/28/2013 04:29 PM-Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above itled action,., upon the property located at 5 Vicksburg Court, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 07/03/2013 08:24 PM-Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing-themselves to be Edie Yanek, Vice President, who accepted as"Adult Person in Charge"for Yanek Custom Homes, Inc. at 8 S. Ridge Road, South Middleton Township, Boiling Springs, PA 17007, Cumberland County. SHERIFF COST: $927.29 SO ANSWERS, July 16, 2013 RbNIV R ANDERSON, SHERIFF (c)CountySutte Sheriff,Teleosofl,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff; NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Yanek Custom Homes, Inc. 8 South Ridge Road Boiling Springs, PA 17007 TAKE NOTICE: That the Sheriffs Sale of Real Property(Real Estate)will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle,Pennsylvania 17013 on Wednesday, September 4,2013, at 10:00 a.m.prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2012-1642 Civil THE NAME(S)OF THE OWNER(S)OR REPUTED OWNER(S)OF THIS PROPERTY ARE: Yanek Custom Homes, Inc. A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty(30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it,within ten(10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street,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 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle,Pennsylvania 17013 (717)240-6200 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 Sheriffs 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 Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of 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,Cumberland County Courthouse, One Courthouse Square,4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH,DIETTERICK&CONNELLY LLP DATED: BY: /s/Scott A. Dietterick,Esquire Scott A. Dietterick,Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County,Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the eastern right of way line.of the cul-de-sac of Vicksburg Court at the northernmost comer of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East,a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan;thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest comer of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast comer of Lot No. 32 on the hereinafter described Final Subdivision Plan;thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court;thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost comer of Lot No. 30 on the hereinafter described Final Subdivision Plan,the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase H,dated 9/17/98 last revised June 23,2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81,Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court,Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139,granted and conveyed unto Yanek Custom Homes,Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" "B EXHIBIT " MUN/1EbSTdTEY POSTdLSERVICEa Certificate Of Mailii -n Z- ' + JAMES SMITH DIETTERICKA o a Z CONNELLY LLP v � a ATTN: CHRISTINE SPURLOC 2z— t�1 t C g w P.O.BOX 650 -g -�- - N HERSHEY PA 17033 CD rx p co z C)X loll ea si �� -t�/ b t* yuSwK s � ° wry rQ b W 0 k Form 3817,April 2007 PSN 7930-02-000-9065 p >Aj/ ". ° Y J 0 i!NlTE�$TdTEEs r' p�7b� ys Certificate f Mail! ZtigLZg l 6C]t t0 JAMES,SMITH,DIETTERIGK& : < / 9COL t d Iz CONNELLY LLP _ -' • ••• •! ATTN: CHRISTINE SPURLOCK y - - �vc �P s P.O.BOX 650 Irk O V n77 z• !�� HERSHEY PA 17033 ?' r .IalseH j� l 3 4w c C' rn r PS Form 3817,April 2007 PSN 7530-02-000-9065 � f Cu 2 P a tTj M.g x C1 UNIMSTAM o O x Z m ' "t�OS7dLSERVICEm Certificate Of Mailii y My _ hey _ Dformalll _ C" M•I JAMES,SMITH DIETTERICOL Y t- y CONNELLY LLP CD p ° I~ y ATTN: CHRISTINE SPURLO w s b P.O.BOX 650 C Sd n HERSHEY,PA 17033 Fit Ul fD ° Film ►Y' /GSriv��owcv� Q kip aa) PS Form 3811,April 2007 PSN 7530-02- 00-9065 � Zf'8LZ96 6C7 6 EO 9£OLC dIZ yaWh - jalseB UNITEDSTAM POSTALSERVICE® Certificate Of Whin ^Vform6ilii JAMES,SMITH,DIETTERICK 'N CONNELLY LLP ATTN: CHRISTINE SPURLOC P.O.BOX 650 Lo HERSHEY,PA 17033 _ �.LZ :To: i.� CO PS Form 33817,April 2007 PSN 7530-02-000-9065 =2W UNRW SMTES /POSTAL SERVICE. Certificate Of:l&Iin JAMES,SMITH,DIETTERICK1", y CONNELLY LLP ATTN: CHRISTINE SPURLOCK> N `' •" '�; P.O.BOX 650 ti .a -- HERSHEY,PA 17033 `" " a� 21. C 00� PS Form 3817,:April'20 . .SN 7530=02-000-9065 UNrrEDs7Zm POS7dLSERi/ICEA Certificate Of Mailin :P5®for me mgr JAMES,SMITH,DIETTERICK&>`_ ye � CONNELLY LLP ATTN: CHRISTINE SPURLOCK P.O.BOX 650 HERSHEY,PA 17033 �j PS Form 3817,April 2067.PSN 7530-02-000-9065 N) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Fleagles Painting LLC 621 East Orange Street Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX. NO. 2012-1642 Civil in the amount of$315,227.38,plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK& CONNELLY LLP "A� 1-"� Dated: 5-8-2013 By: Scott A. Dietterick, Esquire PA ID #55650 Ralph M. Salvia, Esquire PA ID #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County,Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan;thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan,the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase II,dated 9/17/98 last revised June 23,2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias,Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(6) TO: Fleagles Painting LLC c/o Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of. Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle,Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX. NO. 2012-1642 Civil in the amount of$315,227.38,plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH,DIETTERICK& CONNELLY LLP Dated: 5-8-2013 By: Scott A. Dietterick, Esquire PA ID #55650 Ralph M. Salvia, Esquire PA ID #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase II, dated 9/17/98 last revised June 23, 2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(6) TO: Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust 1330 Quail Hollow Road Harrisburg, PA 17112 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County,Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX. NO. 2012-1642 Civil in the amount of$315,227.38,plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK& CONNELLY LLP Dated: 5-8-2013 By: > Scod A. Dietterick, Esquire PA ID #55650 Ralph M. Salvia, Esquire PA ID #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County,Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan;thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase II, dated 9/17/98 last revised June 23, 2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County,Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of- 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX. NO. 2012-1642 Civil in the amount of$315,227.38,plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH,DIETTERICK& CONNELLY LLP Dated:-5-8-2013 By:V S/ '�� Scott A. Dietterick, Esquire PA ID #55650 Ralph M. Salvia, Esquire PA ID #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase II,dated 9/17/98 last revised June 23, 2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001, by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Revenue Bureau of Corporation Taxes P.O. Box 280427 Harrisburg, PA 17128-0427 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX. NO. 2012-1642 Civil in the amount of$315,227.38,plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH,DIETTERICK& CONNELLY LLP Dated: 5-8-2013 By; Scott A. Dietterick, Esquire PA ID#55650 Ralph M. Salvia, Esquire PA ID#202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase H, dated 9/17/98 last revised June 23, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P.3129(b) TO: Department of Revenue Bureau of Business Trust Fund Taxes P.O. Box 280905 Harrisburg, PA 17128-0905 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX. NO. 20.12-1642 Civil in the amount of$315,227.38, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH,DIETTERICK& CONNELLY LLP Dated: 5-8-2013 By:di i^'-� Scott A. Dietterick, Esquire PA ID #55650 Ralph M. Salvia, Esquire PA ID #202946 Attorneys for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase II, dated 9/17/98 last revised June 23, 2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., : Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: PA Department of Labor&Industry Office of Unemployment Compensation 651 Boas Street, Room 1700 Harrisburg, PA 17121 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of- 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX. NO. 2012-1642 Civil in the amount of$315,227.38,plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH,DIETTERICK& CONNELLY LLP Dated: 5-8-2013 By: > Sco t A. Dietterick, Esquire PA ID #55650 Ralph M. Salvia, Esquire PA ID#202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34, North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase II, dated 9/17/98 last revised June 23, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. YANEK CUSTOM HOMES, INC., Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P 3129(b) TO: Current Occupants/Tenants 5 Vicksburg Court Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of- 5 Vicksburg Court Mechanicsburg, Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX. NO. 2012-1642 Civil in the amount of$315,227.38,plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES,SMITH,DIETTERICK& CONNELLY LLP Dated: 5-8-2013 By Scott A. Dietterick, Esquire PA ID#55650 Ralph M. Salvia, Esquire PA ID#202946 Attorneys for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 i t LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost corner of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest corner of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest corner of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest corner of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast corner of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost corner of Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase H, dated 9/17/98 last revised June 23, 2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81,Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court, Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1, 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 3 8-18-1342-219 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA METRO BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1642 Civil VS. ; YANEK CUSTOM HOMES, INC., Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P.3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2013 at 10:00 a.m., the following described real estate which Yanek Custom Homes, Inc. is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of- 5 Vicksburg Court Mechanicsburg,Pennsylvania 17050 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Metro Bank, Plaintiff, VS. Yanek Custom Homes, Inc. Defendant. at EX.NO. 2012-1642 Civil in the amount of$315,227.38,plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH,DIETTERICK& CONNELLY LLP Dated:-5-8-2013 By: it Scott A. Dietterick, Esquire PA ID#55650 Ralph M. Salvia, Esquire PA ID#202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County,Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the eastern right of way line of the cul-de-sac of Vicksburg Court at the northernmost comer of Lot No. 30 in the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 30, South 42 degrees 46 minutes 22 seconds East, a distance of 184.43 feet to a point at the northwest comer of Lot No. 35 on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 35, South 77 degrees 06 minutes 55 seconds East a distance of 15.00 feet to a point at the southwest comer of Lot No. 34 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 34,North 12 degrees 53 minutes 05 seconds East, a distance of 221.87 feet to a point at the southwest comer of Lot No. 33 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 33,North 08 degrees 23 minutes 05 seconds East a distance of 35.02 feet to a point at the southeast comer of Lot No. 32 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 32, South 80 degrees 41 minutes 09 seconds West a distance of 167.42 feet to a point on the eastern right of way line of Vicksburg Court; thence along the eastern right of way line of Vicksburg Court by a curve to the right having a radius of 95.00 feet, an arc length of 93.75 feet to a point at the northernmost comer of Lot No. 30 on the hereinafter described Final Subdivision Plan,the point and place of BEGINNING. BEING Lot No. 31 Final Subdivision Plan for Hillside Farms—Phase 11, dated 9/17/98 last revised June 23,2000,recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. HAVING thereon erected a dwelling house being known and numbered as 5 Vicksburg Court,Mechanicsburg, PA 17050. BEING the same premises which Nicholas Halkias, Trustee and Carolyn H. Halkias, Trustee of the Nicholas Halkias Living Trust dated 3/5/2001,by their Deed dated November 1 2010 and recorded on November 4, 2010 in and for Cumberland County, as Instrument Number 201032139, granted and conveyed unto Yanek Custom Homes, Inc. PARCEL NO. 38-18-1342-219 Exhibit"A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ` Ltvo tt�of+ 1140r ,94t I � E a L aU' Jody S Smith Chief Deputy � � —] t Richard W Stewart - k.:u P:1132 L,` D .`i Solicitor oF.FtrEoFTHESREIRtFF �' �?dS'►'[ r �;r n' �1nts�.� Metro Bank vs. Case Number Yanek Custom Homes, Inc. 2012-1642 SHERIFF'S RETURN OF SERVICE 06/28/2013 04:29 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 5 Vicksburg Court, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 07/03/2013 08:24 PM -Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Edie Yanek, Vice President, who accepted as "Adult Person in Charge"for Yanek Custom Homes, Inc. at 8 S. Ridge Road, South Middleton Township, Boiling Springs, PA 17007, Cumberland County. 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$300,000.00 to Attorney Scott Dietterick on behalf of Metro Bank, being the buyer in this execution, paid to the Sheriff the sum of$ 09/26/2013 Proposed Schedule Of Distribution Posted on 9/25/13, all parties notified by mail. SHERIFF COST: $6,754.73 SO ANSWERS, September 26, 2013 RONR ANDERSON, SHERIFF 1//- % Pd . a€ . S'1) 9,3,.y, ie=191 (c)CountySuite Sheriff Teleoswft.Irc. • PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. /Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 Notary !,,>>r,n!AL S L'F,L Ei B RALI A COLLINS Notary Public ((CARLISLE O-.0t0OJG1,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 1900 Patriot Drive patriot*Ntws Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2042-1642 ChM Term - METRO BANK This ad ran on the date(s)shown below: vs. pr1eP Y E INC- ' its 07/28/13 08/04/13 ALL TffAT CERTAIN tract or parcel 8z of land situate in Silver Spring Township, ads _ 08/11/13 Cumberland County,Pennsylvania,hound alp p and described as follows,to wit: ?08 BEGINNING at a point on the eastern right !Ku t of way line of the cul-de-sac of Vicksburg aB Court at the northernmost corner of Lot '62 No. 30 in the hereinafter described nortFinal e� ft,WO 1 to and subscribed b- o C is 3 day of ugust, 2013 A.D. line of Plan;No.30, along I / I line of saaf Lot No.30,South 42 degrees 46 a� I I4.minutes 22 seconds East,a ditance of 184.43 f '���feeto a point at the or oot l __ 1 I ' _! No.35 on the hereinafter described Final 7 o cry Pu.'ie _ _ Subdivision Plan;thence along line of said Lot No.35,South 77 degrees 06 minutes 55 seconds East a distance of 15.00 f e e t to a p o i n t a t the scanhwest caner of Lot No.34 on the hereinafter dumbed Final COMMONWEALTH OF PEN14!' YLVANIA Subdivision Plan;thence along the western Notarial Seal line of said Lot No.34,North 12 degrees 53 Holly Lynn Warfel, Notary Public minutes 05 seconds East,a distance of 221`87 Washington Twp.,Dauphin County i feet to a point at the southwest corner of Lot My Commission Expires Dec.12,2016 No.33 on the hereut Final viEP16EN,PENNSYLVANIA ASSOCiAI pN Jr MOTARt ' Subdivision Plan;thence along the western lime of said Lot No.33,North 08 degrees 23 i minutes 05 seconds East a distance of 35.02 , feet to a point at the southeast corner of Lot i � 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 Metro Bank is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 16th day of April, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 1642, at the suit of Metro Bank against Yanek Custom Homes Inc. is duly recorded as Instrument Number 201332976. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D.0.20i /i Recorder of Deeds