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HomeMy WebLinkAbout03-3532IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMUNITY STATE BANK OF ORBISONIA, Plaintiff, VS, ANTHONY J. REASNER, Defendant. NO. 03 --3932.. NOTICE TO DEFEND TO: ANTHONY J. REASNER, Defendant You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 800/990-9108 Lawrence L. Newton 504 Penn Street Huntingdon, PA 16652 Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMUNITY STATE BANK OF ORBISONIA, Plaintiff, VS. ANTHONY J. REASNER, Defendant. NO. 03 - 2 £22...._ COMPLAINT .~ .3 AND NOW, this ~)/dgday of July, 2003, comes the Plaintiff, COMMUNITY STATE BANK OF ORBISONIA, by its attorney, Lawrence L. Newton, and claims a sum of money from ANTHONY J. REASNER, the Defendant herein, on the following cause of action: 1. The Plaintiff is the Community State Bank of Orbisonia, whose principal place of business is P. O. Box 8, Orbisonia, Pennsylvania. The Plaintiff is a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania. 2. The Defendant, Anthony J. Reasner, is an adult individual who resides One Maizefield Drive, Shippensburg, Cumberland County, Pennsylvania. 3. On or about July 26, 2002, the Defendant duly executed a Note and Security Agreement (hereinafter the "Contract") in favor of Plaintiff, a true and correct copy of said Contract and Security Agreement is attached hereto as Exhibit "A" and made a part hereof. 4. Pursuant to said Contract, the Defendant used the proceeds of the loan for personal use. 5. The Defendant has defaulted under the terms of the parties' agreement by failing to make payments to Plaintiff as promised. 6. By the terms of the parties' agreement, more specifically the "acceleration clause" therein, the Defendants' default made the entire balance of the loan immediately due and payable. 7. Plaintiff avers that a balance of Seven Thousand Nine Hundred Ninety Two and 55/100 ($7,992.55) Dollars is due from the Defendant as of June 27, 2003, plus late charges in the amount of One Hundred Sixty ($160.00) Dollars. Therefore, a total in the amount of Eight Thousand One Hundred Fifty Two and 55/100 ($8,152.55) Dollars. 8. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attorney's fees in the event legal process is issued for collection. 9. Plaintiff avers that such attorney's fees amount to One Thousand One Hundred Ninety Eight and 88/100 ($1,198.88) Dollars. I0. Although repeatedly requested to do so by the Plaintiff, the Defendant has willfully failed and/or refused to pay the principal balance, attorney's fees, interest or any part thereof to Plaintiff. WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of Nine Thousand Three Hundred Fifty One and 43/100 ($9,351.43) Dollars with appropriate additional attorney's fees, interest and late charges from June 27, 2003, and costs. Lawrence L. Newton 504 Penn Street Huntingdon, PA 16652 Attorney for Plaintiff COMMUWn'STATEe~r~ OF D~rso.IA ~TTHFWE EXHIBIT "A" 3UM ~? ~003 8:358M ~P LSSER3ET 3~OD p.5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF HUNTINGDON PAUL H. YOHN, JR., being duly sworn according to law, deposes and says that he is President of Community State Bank of Orbisonia, a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania, the Plaintiff herein; that he makes this Affidavit on its behalf being authorized so to do; and that all the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. COMMUNITY STATE BANK OF ORBISONIA By Paul H. Yol~,X,[r.' President"'~' ' Sworn to and subscribed before me this/z/~,L day of July, 2003. My Commission Expires: Notariat Seal V Louise Plank Notary Public Orb son a Boro Huntingdon County My Commission Exp res June 7, 2004 Member, Pennsyivania Association ot Notaries