HomeMy WebLinkAbout08-0981Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK PA,
FORMERLY KNOWN AS
COMMUNITY BANKS,
Plaintiff,
vs. No. DS- q$I l iyi l e
IRENE A. GEKAS,
Defendant.
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE TO DEFEND AND CLAIM RIGHTS
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone Number
717-249-3166
800-990-9108
9700-347-08R
2/8/08
Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK PA,
FORMERLY KNOWN AS
COMMUNITY BANKS,
Plaintiff,
vs. No. 0 8- 9 P 1 l ?-
IRENE A. GEKAS,
Defendant.
COMPLAINT
1. Plaintiff is SUSQUEHANNA BANK PA, formerly known as COMMUNITY
BANKS, a Pennsylvania banking institution having its principal place of business at
1570 Manheim Pike, Lancaster, Pennsylvania 17601.
2. Defendant, IRENE A. GEKAS, is an adult individual residing at 12703 East
Desert Cove Avenue, Scottsdale, Arizona 85259.
3. On or about April 7, 2004, Defendant executed a Consumer Revolving Line of
Credit Agreement and delivered the same to COMMUNITY BANKS, now known as
SUSQUEHANNA BANK PA, at its offices at 201 St. Johns Church Road, Camp Hill,
-1-
9700-347-08R
2/8/08
Cumberland County, Pennsylvania. The Consumer Revolving Line of Credit Agreement
is referred to herein as the "Instrument". A true and correct copy of the Instrument is
attached hereto and incorporated herein by reference as Exhibit "A."
4. Defendant is in default under the Instrument. Specifically, Defendant failed
to make the monthly payments as required by the Instrument commencing August 20,
2007 and continuing through the date hereof.
5. Pursuant to the Instrument, Plaintiff has elected to declare all amounts owing
to Plaintiff to be immediately due and payable.
6. Pursuant to the terms of the Instrument, Plaintiff claims reasonable attorneys'
fees in the amount of $3,000.00 and reserves the right to claim additional attorneys'
fees if actual fees and costs exceed said amount.
7. The following sums are due and owing to the Plaintiff in accordance with the
Instrument:
Principal Balance: $8,746.59
Accrued Interest through 1/29/2008: 694.78
Late Charges through 1/29/2008: 100.00
Attorneys' Fees: 3,000.00
TOTAL $12,541.37
8. The sums claimed due and owing hereunder are less than the sum required
by this court's rules to avoid mandatory arbitration.
WHEREFORE, Plaintiff, SUSQUEHANNA BANK PA, formerly known as
COMMUNITY BANKS, demands that judgment be entered in favor of Plaintiff and
against Defendant, IRENE A. GEKAS, in the amount of $12,541.37, plus interest at the
-2-
9700-347-08R
2/8/08
rate set forth in the Instrument, attorneys fees in excess of $3,000.00 if actually
incurred, and costs.
Dated: dA/'p
9700-347-08R
2/8/08
ZIMMERMAN, PFANNEBECKER,
NUFFORT & ALBERT, LLP
p?rry N. Handwerger, Esquire
Attorney for Plaintiff
Attorney I.D. No. 72975
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
-3-
VERIFICATION
I, TINA NEIDERER, verify that the statements made in the foregoing Complaint
are true and correct to the best of my knowledge, information, and belief. I further verify
that I am the Collector II of SUSQUEHANNA BANK PA, formerly known as
COMMUNITY BANKS, and that as such, I am authorized to make this Verification on its
behalf. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
DATED: a - 4 -0?
LOG?
I A NEIDERE
9700-347-08R
2/4/08
-4-
EXHIBIT "A"
BORROWER
Ire A Gelcas
CommunUBanks
Community Banks
20t SI. Johns Church Road
Camp Hi PA 17011
(717) 909.390 "LENDER"
ADDRESS
48 S Terrace Road
Worsrleysburg, PA 17043
TELw"osie No. IDENTIFICATION NO.
(717)761-4752
CONSUMER
REVOLVING
LINE OF CREDIT
AGREEMENT
OFFICER
IoENrIFlCATrorr INTEREST
RATE CREMT.UMm AGREEMENT OATS - MA1V
BATE CUSTOMER
NUMa9t. _ LOAN
NUMBER
105 - VARIABLE $10,000.00 04/07/04 09700987
NEVULVINU LINt OF GHEUIT AcCUUNT: lens Agreement governs the Borrower's Revolving Line of Credit ('Account") with the Lender. The AooGUnt
establishes a fine of credit for Borrower with Lender. Borrower may regc!est can advances up to the amount of the Credit Limit Indicated above. Lander agrees
to make such advances prior to any maturity date unless Borrower fails to comply with the terms of this Agreement or any accompanying document executed in
connection with this Agreement. Borrower will be asked to sign this Agreement prior to opening the Account. The Account is secured by the security identified
below. In addition, Borrower may be asked to sign other documents in order to grant Lender a security interest in certain props
ACCESS TO THE ACCOUNT: Advances on the Account may be obtained In the following manner: ® credit line checks written request for a loan
advance rE] telephone request for a loan advance ® other: Access At Teller Windows
USE RESTRICTIONS: Advances will be honored subject to the terms of this Agreement, the Borrower's available ore& on the Account and the following
restrictions: Initial Minimum Advance Amount: $ 100.00 Subsequent Minimum Advance Amount: $100.Ob
Other Restrictions:
1
Lender has the right to dishonor any loan advance request that would cause the unpaid principal balance to exceed the Credit Limit. Lender shall have no
Ilabillty, to Borrower or others if a loan advance request Is not honored.
PROCESSING LOAN ADVANCES: Loan advances shall be: ? Deposited Into Account Number: _
Other:
SECURITY: To secure the payment and performance of obligations Incurred under this Agreement, Borrower grants Lender a security Interest In, and pledges
and assigns to Lender, all of Borrower's rights, title, and interest In all monies, Instruments, savings, checking, share and other accounts of Borrower, (excluding
IRA, Keogh and trust accounts and accounts subject to tax penalties if so assigned) that are now or in the future In Lender's custody or control. EJ N checked,
the obligations under this Agreement are also secured by a lien on and/or security Interest in the property described in the security instruments executed In
connection with this Agreement as well as any other property described In any other security Instruments securing title Agreement or all of Borrower's
obligations.
A security interest has been granted in: C Collateral securing other loans with Lender may also secure this loan; [A Any deposit account maintained with
Lender; [] The goods or property being purchased; F] Other:
ANNUAL PERCENTAGE RATE: The ANNUAL PERCENTAGE RATE is determined In the manner described below.
M FIXED RATE: This Account has a fixed Interest rate. The ANNUAL PERCENTAGE RATE for this Account Is % per annum.
® VARIABLE RATE: This Account has a variable rate feature. The ANNUAL PERCENTAGE RATE on the Account may change from time to time if the Index
Rate Identified below changes. The ANNUAL PERCENTAGE RATE on this Aocount shall be 5.500 % per annum over
the Index Rate. The Initial Index Rate Is 4.000 % per annum. Thennars, the Initial ANNUAL PERCENTAGE RATE for this Account Is
9.500 % per annum.
The Index Rate for this Agreement shall be:
N the Index Rate is redefined or if It Is no longer announced, then the ANNUAL PERCENTAGE RATE shall be determined by Lender's selection of another
Index which is similar and readily verifiable by Borrower. N the index Rate Increases/decreases, then the ANNUAL PERCENTAGE RATE and the Periodic
Rate will Increase/decrease and may result In correspondingly higher/lower payments for each billing cycle. Any change In the Periodic Rate and
corresponding ANNUAL PERCENTAGE RATE resulting from a change in the Index Rate will be effective on:
The last day of the billing cycle.
The maximum ANNUAL PERCENTAGE RATE will not Exceed- -AB004. _ % or the maximum ANNUAL PERCENTAGE RATE Lender is
permitted to charge by law, whichever is less. Subject to applicable law, the minimum ANNUAL PERCENTAGE RATE shall not be less than
4.000__%.
PERIODIC RATE: 11 An Initial Daily Periodic Rate of 0.02602 % it used to detor.nine the finance charge for each billing cycle which when multiplied by
383 oorreeponds to the initial ANNUAL PERCENTAGE RATE of_ .-X00__%.0 An Initial Monthly Periodic Rate of % Is used to
determine the finance charge for each billing cycle which when mutdplie t by 12 corresponds to the Initial ANNUAL PERCENTAGE RATE of %.
ANNUAL MAINTENANCE FEE: An annual maintenance fee of $ -/a_-_ . _ -% ;I be assessed regardless of whether or not Borrower uses the Account.
CHECK PROCESSING FEE: N a check for payment is returned to Lender for any reason (for example, because there ors insufficient funds In Borrower's
checking account), Lander will assess a check processing fee of $ 35.0-0-- -, which may be charged to the Account as a ben advance, as permitted
bylaw.
TRANSACTION FEE:
OTHER COSTS OR DISBURSMENTS:
Other fees, charges, or disbursements Of any) are Itemized in the Schedule of Fees, Charges or Disbursements a copy of which Borrower has received and
which Is Incorporated Into this Agreement by this reference.
ACKNOWLEDGMENT: THE UNDERSIGNED ACKNOWLEDGE THEY HAVE READ, UNCERSTAND, AND AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT INCLUDING THE PROVISIONS ON SUBSEQUENT PAGES, AND THEY ACKNOWLEDGE RECEIPT OF AN EXACT COPY OF THIS AGREEMENT.
IN WITKESS WHEREOF, the undersigned has/have caused this instrument to be executed as a sealed instrument this 7th day of
BORROWER: \ Ired'e_AJG0kaa - BORKYWER:
BORM VER:
(Seal)
LPPA110 M JW.n H. Harland Co. 14/14/00) is" 937-3700
(Seal)
(Seal)
Page i d 4
FINANCE CHARGES: All advances are subje' finance charges from the date of the advance until h advances are paid. Thom Is no Interest-tree grace
period on the Account. Lender determines th nee charge assessed on the Account in the manne. *ad below:
?I
® Actual Dally Balance. Lender starts with the balance on the Account at the beginning of each billing cycle. Each day during the billing coo, Lender adds
new advances and debits and subtracts payments and credits ® Including unpaid finance charges. This determines the ending balance of the Account for
each day of the billing cycle. Lender multiplies each ending balance by the Daily Periodic Rate to determine the daily finance charges. These daily finance
charges are added together to determine the finance charge for the billing cycle.
Average Daily Balance. Lender starts with the balance on the Account at the beginning of each billing cycle. Each day during the billing cycle, Lender
adds new advances and debits and subtracts payments and credits ? including unpaid finance charges. This determines the ending balance for the
Account for each day of the billing cycle. Lender then adds up the ending balances for the billing cycle and divides the total by the actual number of days In
the billing cycle to get the Average Daily Balance. Lender then multiplies the Average Daily Balance by the ? Dally Periodic Rate and the actual number of
days In the bllling cycle ? Monthly Periodic Rate. This product Is the finance charge for the billing cycle.
MINIMUM FINANCE CHARGE: A minimum FINANCE CHARGE of $ 0.01 may be assessed on the Account for each billing cycle in which
there Is an outstanding balance.
BILLING CYCLE: The Borrower shall be billed:
MINIMUM PAYMENT: Borrower may pay all or a part of the outstanding balance at any time without penalty. Borrower's payment must be made by the
payment due date shown on the periodic statement described below. All payments shall be applied by Lender in the manner determined by Lender. All
payments should be delivered to Lender at the address Indicated on the periodic statement. The Minimum Payment amount shall be:
PRINCIPAL BALANCE METHOD. The greater of $ or all accrued and unpaid finance charges and any past due principal plus
-- of the outstanding principal balance for the current billing cycle.
[X I OUTSTANDING BALANCE METHOD. The greater of $ 25.00 _ or 2.50% of the outManding balance for the current bi irg'cycle.
INTEREST ONLY METHOD. Borrower shall pay all accrued Interest and unpaid finance or other charges for the current billing cycle. Borrower shall
make a final principal payment plus accrued Interest on:
OTHER.
AUTOMATIC PAYMENT DEDUCTION: ? Borrower authorizes Lender to deduct the Minimum Payment due under this Account from Borrower's Account
Number with Lender. Automatic payment deductions an not required to obtain craft
ATE CHARGE: If a Minimum Payment Is received more than 15 days late, Borrower will be charged a late charge of. I I$-,
% of the late Minimum Payment; [:A -_- 5.00 % of the late Minimum Payment cr 111-207 00 whichever
is greater F-1 less, as permitted bylaw. No more than one late charge will be Imposed on any alngln Mlhlmum Payment or portion of any Minimum
Payment.
RENEWAL: ? M checked, this Agreement is in renewal, but not in satisfaction, of Loan Number
TERMS AND CONDITIONS
t. PROMISE TO PAY. Borrower promises to pay to the order of Lender the full amount of all advance under this Account plus finance charges and all other
fees and charges Imposed by Lender as allowed by law.
2. CREDIT LIMIT. Borrower's Credit Limit for this Account Is Indicated on the first page of this Agreement. Borrower agrees not to request loan advances on
the Account that would cause the unpaid principal balance to exceed the Credit Limit. Although Lender may honor a ban advance request that exceeds the
Credit Limit from time to time. Lender shall have no obligation to make such advances. Borrower agrees to hold Lender harmless from and against all bases
of every nature related to such advances and any other circumstances in which the Credit Limit is exceeded by mistake or othervrlae.
3. MATURITY. The maturity date, if any, for this Account Is stated on the first page of this Agreement. Upon maturity, Borrower must pay the 61standing
balance In full. Borrower may apply for a renewal or extension of the Account, but Lender shall be under no obligation to grant any renewal or extension.
r
4. INFORMATION ABOUT THE BORROWER. Borrower agrees to provide to Lender, upon request, the financial and credit related Information necessary to
establish this Account. Borrower understands that Lender will open the Account and make ban advances under this Account in refianoe on that intorma*m.
Borrower promises that all Information provided to Lender either now or In the future will be true and complete. Borrower agrees to notify Lender Immediately
of any adverse change in Borrower's financial or credit condition. Information concerning the Account may be reported to credit reporting agencies and will be
made available when requested by proper legal process.
S. PERIODIC STATEMENTS. Each billing cycle Lender will forward to Borrower at the address Indicated on the first page of this Agreement's periodic
statement of the Account. The periodic statement will Include a summary of all transactions on the Account during the billing cycle, the previous balance,
advances, payments and credits, finance charges, the ending balance, and will specify the minimum payment amount and date that payment is due.
ii. EVENTS OF DEFAULT. An Event of Default will occur under this Note In the event that Borrower, any cosigner, any guarantor, or any third party pledging
collateral to secure this Agreement; (a) falls to make any payment when due; (b) violates the terms of this Agreement, any accompanying security Instrument
or agreement or any other agreement with Lender; (c) exceeds the stated credit limit; (d) provides false or misleading Information to Lender with respect to
this Account; (e) becomes the subject of any voluntary or Involuntary proceeding under the Bankruptcy Code or under any other statutory or judicial
proceeding for the rehabilitation of debtors; (f) dies or becomes legally incompetent; (g) permits the entry or service of any garnishment, judgmept, tax levy,
attachment or lien against Borrower or any of Borrower's property; (h) allows the collateral securing this Agreement (if any) to be lost, stolen, dbetroyed or
damaged In any material respect, or subjected to seizure, confiscation or condemnation; Q) causes Lender to deem Itself Inseoune due to a significant decline
in the value of any collateral securing this Agreement; or Q) Lender, in good faith, believes the prospect of payment, performance or realization of any
collateral is Impaired.
7. LENDER'S RIGHTS UPON EVENT OF DEFAULT. If there Is an Event of Default, Lender may terminate Borrower's rights under Mils Agreement and (a)
declare the unpaid balance of the Account, Including finance charges, unpaid principal and fees, Immediately due and payable In full, such acceleration shall
be automatic and immediate If the Event of Default Is a filing under the Bankruptcy Code; (b) refuse to honor additional advance requests: (o) take possession
of any collateral In any manner permitted by law; (d) require Borrower to deliver and make available any collateral at a place reasonably convenient to Lender;
(e) sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to judicial process; and M exercise any and all
remedies which may be available to Lender. Lender shall also have the right to hold or apply funds In Borrower's deposit accounts against all funds due and
owing to Lender. Lender's remedies are In addition to those available at common law, such as set-off. If this Account may be accessed by a'credit card' as
such to defined under the Truth-In-Lending Act and Its implementing regulation, Regulation 2, then Lander's right to setoff Borrower's Indebtedness Incurred
under the Account is prohibited to the extent It is prohibited under such Act and Regulation.
LPPAt 108 0 John H. Hadand Co. 14/14100) W q 9373799
Peas 2 0f4
1
S. DEMAND FEATURE. ? If checked, this Agra at contains a demand feature. Lender's right to dL d payment, at any time, and from time to time,
shall be in Lender's sole and absolute discretion, whether or not any default has occurred.
9. TERMINATION. In addition to Lender's rights upon Borrower's default, Lender, In Its sole discretion, may terminate the Account by notifying Borrower.
i After delivery of any notice of termination of the Account, Lender's obligation, if any to honor loan advance requests against the Account shall cease. Borrower
shall continue to be obligated to pay all amounts due to Lender pursuant to the terms of this Agreement at the time of termination. Borrower's obligation to
pay all amounts due to Lender shall continue until all amounts due and owing have been paid. Any Borrower may terminate this Agreement by notifying
Lender in writing at the address indicated on the Agreement, but no termination shall be effective until Lender has processed (at Re option) all advances
requested by any Borrower. Termination by any one Borrower shall terminate this Agreement for all Borrowers.
10. COLLECTION COSTS. To the extent permitted by law, Borrower agrees to pay Lender's reasonable fees and costs, Including, but not limited to, fees and
costs of attorneys and other agents pncluding without limitation paralegals, clerks and consultants), whether or not any attorney or agent Is an empktyse of
Lender, which are Incurred by Lender in collecting any amount due or enforcing any right or remedy under this Agreement, including, but not limited to, fees
and costs Incurred on appeal, In bankruptcy, and for post-judgment collection actions, and whether or not suit Is brought.
11. JOINT ACCOUNT. N there is more than one Borrower, their obligations under this Agreement shall be joint and several. This liability exists regardless of
which Borrower creates the debt and in spite of any divorce, legal proceedings or agreement that may affect liability between the Borrowers. This joint and
individual liability shall continue until all obligations are paid in full. A release of one joint Borrower shall not operate as a release of any other joint Borrower.
12. MODIFICATION AND WAIVER. The modification or waiver of any of Borrower's obligations or Lender's rights under this Agreement must be contained in
a writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without causing a waiver of those
obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Borrower's obligations under this Agreement shall not be
affected if Lender amends, compromises, exchanges, falls to exercise, Impairs or releases any of the obligations belonging to any co-borrower or guarantor or
any of Its rights against any co-borrower or guarantor. N securing this Agreement vith any property violates any state or federal law, rule or regulation
including, but not limited to, failure to provide any right of rescission when required, Lender waives the security Interest in that part of the property that causes
any such violation with respect to this Agreement.
13. ASSIGNMENT. Borrower agrees not to assign any of Its rights, remedies or obligations described in this Agreement without the prior written consent of
Lender which may be withheld by Lender in Its sole discretion. Borrower agrees that Lender Is entitled to assign some or all of its rights and remedies
described In this Agreement without notice to or the prior consent of Borrower in any manner.
14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of Borrower and Lender and their respective successors,
assigns, trustees, receivers, administrators, personal representatives, legatees, and devisees. The term "Lender" shall mean the Lender specified in this
Agreement, Its successors and assigns, and subsequent holders of this Agreement.
15. NOTICE. Any notice or other communication to be provided under this Agreement shall be In writing and sent to the parties at the addresses described In
this Agreement or such other address as the parties may designate in writing from time to time.
16. SEVERABILITY. N any provision of this Agreement violates the law or is unenforceable, the rest of the Agreement shall remain valid.
17. APPLICABLE LAW. Interest, Including rates, fees and charges which compensate Lender for the extension of credit to Borrower under this Agreement or
for making the line of credit available to Borrower, or which compensate Lender for any default or breach by Borrower of the terms and conditions of this
Agreement, shall be governed by federal law and the laws of the state of- Pennelvania All other terms and condNons of this
Agreement shall be governed by the laws of the state of _kannaylyania_.- unless otherwise preempted by FaBsral law.
1 S. VENUE. Unless applicable law provides otherwise, Borrower consents to the jurisdiction and venue of any court located in pennaylvaniia
selected by Lender, In Its discretion, in the event of a legal proceeding under this Agreement.
19. SIGNATURES. The signature of the Borrower shall Indicate that Borrower has read this Agreement, agreed to the terms and conditions of the Agreement,
and received a completed copy of this Agreement and Billing Rights Statement.
20. MISCELLANEOUS. Borrower will provide Lender with current financial statements and other Information upon request . All references to Borrower In this
x Agreement shall include all of the parties signing this Agreement, including any cosigners, and this Agreement shall be binding upon the heirs, successors and
assigns of Borrower and Lender. Borrower and Lender agree that time Is of the essence. Borrower and any person who endorsee this Agreement waive
presentment, demand for payment, notice of dishonor and protest, and further wake any right (if any) to require Lender to proceed against anyone else before
". proceeding against Borrower or said person. This Agreement represents the complete and Integrated understanding between Borrower and Lender with
respect to the terms hereof.
21. JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WANE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR
BASED UPON, THIS AGREEMENT OR THE COLLATERAL SECURING THIS AGREEMENT.
22. ADDITIONAL TERMS:
CREDIT LIFE AND ACCIDENT AND HEALTH INSURANCE
Credit Life Insurance and Accident and Health Insurance are not required to obtain credit, and will not be prwAded unless Borrower alpns below and
agrees to pay the additional ooste. Credit Life Insurance ?le not available. 11 Is available at a cost of i 0.7040 _ per = 000.00_ of
gteActual Daily Balance per billing period for single ckwettge and $ 1.2330 per: 1.000.00 _ of the
Actual Daily Balance per billing rl (d avaHabls). Credit Accident and Health
--
Insurance ® is not available. ?Is available at a cost of of the
---.-__-- -- billingperi
ELECTS INSURANCE:
Borrower requests Credit Life Insurance
Borrower requests Accident and Health Insurance
Co-Borrower requests Credit Life Insurance Co-Borrower declines Credit Life Insurance
LPPAt1oc 0 John H. Harland Co. (4/14100) (800) 937-3799
Pepe 3 or 4
BILLING RIGHTS STATEMENT
YOUR (BORROWER'S) BILLING RIGHTS, KEEP THIS NOTICE FOR FUTURE USE.
This nodes contains Important information about the Borrower's rights and the Lender's responsibilities under the Fair Credit Billing Act.
NOTIFY LENDER IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR (BORROWER'S) BILL
If Borrower thinks that a bill Is Incorrect or it Borrower needs more Information about a transaction on a bill, Borrower should write to Lander as soon as possible
at the address indicated on the bill. Lender must hear from the Borrower no later than sixty (60) calendar days after Lander sent Borrower the first bill on which
the error or problem appeared. Borrower may telephone Lender, but doing so will not preserve the Borrower's rights.
Borrower should provide the following Information in the letter:
Borrower's name and account number.
The dollar amount of the suspected error.
A description of the offer and an explanation, If possible, why Borrower believes there Is an error. If Borrower needs more Information, Borrower should
describe the Item Borrower is unsure about.
H Borrower has authorized Lender to pay the bill automatically from a savings or checking account, Borrower can stop payment on any amount that the
Borrower believes Is wrong. To stop payment the Borrower's letter must reach Lender at least (3) business days before the automatic payment Is scheduled to
occur.
BORROWER'S RIGHTS AND LENDER'S RESPONSIBILITIES AFTER LENDER RECEIVES WRITTEN NOTICE
Lender must acknowledge Borrower's letter within thirty (30) days, unless Lender has corrected the error by than. Within ninety (90) days, Lander must either
correct the error or explain why Lender believes the bill Is correct.
After Lander receives Borrower's totter, Lender cannot try to collect any amount in question, or report the Borrower as delinquent. Lender may continue to bill
the Borrower for the amount in question, Including finance charges, and Lender may apply any unpaid smourd against die Borrower's credit limit. Borrower
does not have to pay any questioned amount while Lender Is investigating, but Borrower Is still obligated to pay the parts of the bill that are not in question.
If Lander finds that Lender has made a mistake on the bill, Borrower will not have to pay any finance charges related to the amount In question. If Lender did
not make a mistake, Borrower may have to pay finance charges and Borrower will be required to make up any missed payments on the questioned amount. In
either case, Lender will send Borrower a statement of the amount owed and the date It is due.
If Borrower fails to pay the amount owed, Lender may report the Borrower as delinquent. However, if Lender's explanation does not satisfy Borrower and
Borrower writes to Lender within ten (10) days telling Lender that Borrower still refuses to pay, Lender must tell anyone Lender reported Borrower to that
Borrower has a question regarding Borrower's bills. Furthermore, Lender must tell Borrower the name of anyone that Lender reported Borrower to. Lender must
tell anyone Lender reports Borrower to that the matter has been settled between us when it finally Is.
If Lender doesn't follow these rules, Lender cannot collect the first $50.OD of the questioned amount, even if the bill was correct.
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LPPA110D 0 John H. Hedend Co. (4/14/00) PM 937-3799
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ORIGINAL
Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
SUSQUEHANNA BANK PA,
FORMERLY KNOWN AS
COMMUNITY BANKS,
Plaintiff,
vs. No. 08-981 Civil Term
IRENE A. GEKAS,
Defendant.
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Complaint in the above-captioned action.
Dated: ZIMMERMAN, PFANNEBECKER,
NUFFORT & ALBERT, LLP
Barry N. Handwerger, Esquire
Attorney for Plaintiff
Attorney I.D. No. 72975
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
9700-347-08R
3/24/08
00 c?
A iYA In the Court of Common Pleas of Cumberland County, Pennsylvania
OR ??r
Susquehanna Bank PA, et NO. 08-981 Civil Term
al.
AFFIDAVIT OF SERVICE OF PROCESS
V.
Plaintiff(s)/Petitioner(s),
Irene A Gekas
Defendant(s)/Respondent(s).
I Ch o-e?o;je Being duly sworn, depose and say that I am fully qualified under ARCP
4(e) to serve process within the State o Arizona, and executed service in the manner described below:
Documents Served: Notice and Complaint
Service JIM: Irene A Gekas
Date of Service: April 9th, 2008 Time Of Service: 8:47 AM
Address of Service: 12703 E Desert Cove Ave, Scottsdale, AZ 85259
Manner of Service:
By serving
m person.
® Substitute, by serving Dean Gekas, a person of suitable age & discretion who resides with Irene A Gekas at the
address of service.
By personally serving
n Other Service, As Detailed Below.
FINon-Service for the Reasons Detailed Below.
I certify under penalty of perjury that the foregoing is true and correct.
X
Declarant: Print ame G okj
Registered in w A.Tl 'C O ,OA County
Subscribed ?pd Sworn to bef re
me this / d day of - / 2008.
who holds the position of
rotary Publi
00" JEFFREY EVERT
------------
Notary Public -Arizona
Maricopa County
My Comm. Expires Mar 14„ 2009
f J?
Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK PA,
FORMERLY KNOWN AS
COMMUNITY BANKS,
Plaintiff,
VS.
IRENE A. GEKAS,
Defendant.
No. 08-981 Civil Term
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Because Defendant IRENE A. GEKAS has failed to file within the required time an
Answer to the Complaint and Notice to Defend filed and duly served upon Defendant in the
above matter, please enter judgment in accordance with Pa.R.C.P. 1037 in favor of Plaintiff and
against Defendant for the following:
Amount due:
$12,541.37
Interest from 01/30/08 through 06/04/08 289.12
$12,830.49
TOTAL plus interest from
06/05/08 and
costs
We hereby certify that written notice of intention to enter default judgment against
Defendant was mailed to defendant in accordance with Pa.R.C.P. 237. 1, and that a true and
correct copy of the Important Ten-Day Notice is attached hereto and incorporated herein by
reference.
ZIMMERMAN, PFANNEBECKER,
NUFFORT LBERT, LLP
By:
Barry N. Handwerger, Esquire
9700-347-08R
6/4/08
Attorney for Plaintiff
Attorney I.D. No. 72975
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
AND NOW, this ?;i day of , 2008, judgment is hereby entered in
the above matter as hereinabove directe .
117
Pr a
-2-
9700-347-08R
6/4/08
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK PA,
FORMERLY KNOWN AS
COMMUNITY BANKS,
Plaintiff,
vs.
IRENE A. GEKAS,
Defendant.
TO: Irene A. Gekas
12703 E. Desert Cove Avenue
Scottsdale, AZ 85259
DATE OF NOTICE: 05/08/08
No. 08-981 Civil Term
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Lancaster Bar Association
Lawyer Referral Service
28 East Orange Street
Lancaster, PA 17602
717-393-0737
ZIMMERMAN, PFANNEBECKER,
NUFFORTA ALBERT
By:
N. Handwerger
eys for Plaintiff
9700-347-OBR
5/7/08
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Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK PA,
FORMERLY KNOWN AS
COMMUNITY BANKS,
Plaintiff,
vs. No. 08-981 Civil Term
IRENE A. GEKAS,
Defendant.
NOTICE OF ENTRY
OF JUDGMENT, ORDER OR DECREE
Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified
that there was entered in this office today in the above-captioned case:
Judgment of $12,830.49 for Plaintiff and against Defendant.
Dated:
711 V'4' , ,
?1'1= (Ale
Prot a
TO: Irene A. Gekas
12703 E. Desert Cove Avenue
Scottsdale, AZ 85259
9700-347-08R
6/4/08