HomeMy WebLinkAbout05-2867
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff
NO. OS -.:<.It. 7
Cl"uJ._~~
vs.
BOYD F. LAUVER,
Defendant
CIVIL ACTION - LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
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 the 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. . 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 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 CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(800) 990-9108
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
DIVISION CIVIL
A V ISO PARA DEFENDER
ConformeaPA Nfun.1018.l
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias
despues que esta Demanda y A viso es servido, con entrando por escrito una aparencia personalmente
o por un abogado y archivando por escrito con la Corte sus defenses 0 objeciones alas demandas
puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y
un jazgamiento puede ser entrado c.onira usted por la Corte sin mas aviso pQr cualquier dinero
reclamado en la Demanda 0 por cmilquier otro recIamo 0 alivio solicitado por Demandante.
Ustedpuede perder dinero 0 propiedad 0 otros derechos importante para usted.
USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO
TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FlJADA AQui
ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR
UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENClAS QUE PUEDAN OFRECER SERVICIOS
LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(800) 990-9108
COMMUNITY BANKS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
NO. DS'~~'l r?tcJ"'L~~
VS.
BOYD F. LAUVER,
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, Community Banks, by and through its attorneys, Steven C.
Courtney, Esquire and the Law Office of Steven C. Courtney, and states the following cause of
action and in support thereof, avers as follows:
1. Plaintiff, Community Banks, is a financial institution authorized to conduct business
in the Commonwealth of Pennsylvania with a prineipal place of business located at P.O. Box 350,
Millersburg, Dauphin County, Pennsylvania, 17061.
2. Defendant, Boyd F. Lauver, is an adult individual with a last known address of214
Andersontown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Defendant, and at all relevant times material hereto was, the primary loan applicant.
4. Defendant executed a Loan Agreement (hereinafter referred to as "Contract") with
Plaintiff. A true and correct copy of said Agreement is attached hereto, incorporated herein and
marked as Exhibit "A".
5. The Agreement marked as Exhibit "A" contained the terms and conditions of the
extension of credit agreed to by the Defendant.
6. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and
conditions of the Agreement marked as Exhibit "A".
7. Defendant has made various payments to the Plaintiff as repayment of the monies
borrowed from Plaintiff.
8. Defendant breached the agreement by failing to make regularly and timely payments.
9. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
10. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
II. Defendant has not objected to any of the monthly statements of account submitted by
Plaintiff to Defendant.
12. Despite Plaintiffs reasonable and repeated demands for payment, Defendant has
failed, refused and continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
13. As of April 14, 2005, the balance due, owing and unpaid on Defendant's loan aceount
with Plaintiff is the sum of$8,585.54.
14. Pursuant to the terms and conditions of the extension of credit contained in the
Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the
principal loan balance.
15. Pursuant to the terms and conditions of the extension of credit as set forth in Exhibit
"A", Defendant agreed to pay reasonable attorney's fees and all court and eollection costs.
16. Plaintiff has retained the services of the law firm of Steven C. Courtney, Esquire in
the collection of the amounts due and owing by Defendant.
17. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees
from the law office of Steven C. Courtney, Esquire in the collection of the amounts due from
Defendants incident to the within action, and Plaintiff shall continue to incur such attorney's fees
throughout the conclusion of the proceedings.
18 The amount of attorney's fees incurred in this matter is the sum of $2,600.50.
19. Any and all conditions precedent to the bringing of this action have been performed
by Plaintiff.
20. The amount in controversy is within the jurisdictional amount requiring compulsory
arbitration.
WHEREFORE, Plaintiff, Community Banks, respectfully requests this Honorable Court to
enter judgment in favor of Plaintiff and against Defendant, Boyd F. Lauver, in the amount of
$8,585.54, plus interest, reasonable attorney's fees in the amoll!lt of $2,600.50, the costs o( this
action, and such other relief as the Court deems just and proper.
Respectfully submitted,
By:
Steven. ey, Esquire
2215 0 st Hills Dr.
Box 80
Harrisburg, PA 17112
(717) 549-3900
I.D. # 74669
Attorney for Plaintiff
Date:
VERni'lCA nON
I, Betty Sordon, hereby CCnify !bat the fOllowing is correct:
The IltctS set forth in Ihc pleading are based upon information wluch r have tl.llnishcd 10
my beJlalf in this matter. TIle language ofllie pleading is Ihat of counsel and not my o'm, I bave
counsel, as weU as upon infonnation whic]l has been gathered by counsel and/or others IlCting on
i. tnIe lIlId correct to the best of my knowledge, information, and belief 'fo the eXlcnt that the
read the pleading and to the extent that it is based llpon infomlat.ion which I hI,ve given to eoun..<el, it
sllbjCCltO the penallies of J 8 Pa, C.S,A. ~904 relating to unsworn falsitieiltion to authorities.
Verification. I hen.'by acknOWledge that the facts set forth in the aforesajd pleading are made
Content of the pleading is that of counsel. I llave relied upon ''lich couns,,' in making dus
Dllt,,;
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Betty Sor II ~ --. __
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.WER
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Lauver
CommunitvBanks
CONSUMER
REVOLVING
LINE OF CREDIT
AGREEMENT
150Market~uare
MiJle~tElrl:R.17061
ADD~IS$
214 Anderaontown Road
M~ch~ni~.bu~g, PA 17055
TE'l..EpHONE:tIO. IDErm~jlnOI(NCi;
(71'7) 691';;:;1845
CREQrrUMIT
CU8TOMI!Jt
NUMBER
$10,000.00
REVOLVING UNE OF CREDIT ACCOUNT: This .A{Jreemllnt governs the Borrower's Revolving Une of Credit iAccount") with the Lender. The Account
establishe. a line of credit for Borrower with Lender. Borrower may raque.t toan advances up to the amount of the credit limit Indfcatlld above. Lender agree.
to make such advance. prior to any maturity date unless Borrower falls to comply with the term. of this Agreement or any 8coompanylng document executed In
conn.otion with this Agreement. Borrower wnt be asked to sign this Agreement prior to opening the Account. The Account 18 slICurad by 1he security IdentlfJea
below. In addition, Borrower may be asked to sign other documents In order to grant Lender a security Interest in certain property.
ACCESS TO THE ACCOUNT: Advances on the Account may be obtained In the following manner: ~ credit line checks 0 written request tor a loan
edvance 0 telephone request for a loan advance 0 other:
USE RESTRICTIONS: Advances will be honored subject to the terms of this Agreement, the Borrower's available credit on the Account, and the 101l0wing
restrictions: Initial Minimum Advance Amount: $ 10.000,00 SUbsequent Minimum Advance Amount: $ 100, 00
Other Restrlctlons: OVERDRAP'T ADVANCES ARE SUBJEC'l' 'l'O ANY LIMITATIONS CONTAINED IN THIS
AGREEMENT.
Lender has the right to dishonor any loan advance request that wouJd cause the unpaid principal balance to exceed the Credit Uml!. Lender shall have no
liability to Borrower or others il a loan advance request Is not honored.
PROCESSING lOAN ADVANCES: loan advances shall be: 0 Deposited into Account Number:
DOther:
SECURITY: To secure the payment and performance of obligations Incurred under this AQreement, Borrower grants lender a security Interest In, and pledges
and assigns to lander, aU cf Borrower's rights, title, and interest In all monies, Instruments, savings, checking and other accounts of Borrower, (excluding IRA,
Keogh and trust accounts and accounts subject to t'4' penalties It so assigned) that are now or In the future in Lender's CUstody or control. 0 If cheeked, 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 this AQreement or aU of Borrower's
obligations.
A security Interest has been granted In: 0 Collateral securing other loans with Lender may also secure this loan; [j] Any deposit account maintained with
Lender; 0 The goods or property being purohased; 0 Other:
ANNUAL PERCENTAGE RATE: The ANNUAL PERCENTAGE RATE Is determined In the manner described below.
~ FIXED RATE: This Account has a fixed Interest rale. The ANNUAL PERCENTAGE RATE for this Account Is % per annum.
[]J 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 Account shall be 5,500 % per annum over
the Index Rate. The Initial Index Rate Is 4..250 % per annum. Therefore, the initial ANNUAL PERCENTAGE RATE for this Account Is
9 ,750 % per annum.
Thelndex:-~r~~~e~m;~~~: PRIME: THE HIGHEST RATE AS PUBLISHED IN THE WALL S'l'RBE'l'
JOURNAl"
II the Index Rate Is redefined Of If It Is no longer announced, then the ANNUAL PERCENTAGE RATE shall be determlnec:l by Lender's selection of another
Index which is similar and readily verlfiabJe by Borrower. If the Index Rate increaseS/decreases, then the ANNUAL PERCENTAGE RATE and the Periodic
Rate will Increase/decrease and may reSt.llt In corrl8pondlngly hlgherjlower payments lor each billing cycle. Any Change In the Periodic Rate and
corresponding ANNUAL PERCENTAGE RATE resuJtlng from a change In the Index Rate will be effective on:
'l'IIE LAST DAY OF THE BILLING CYCLE
The maxJmum ANNUAL PERCENTAGE RATE will not exceed 18 .000 % or the maximum ANNUAL PERCENTAGE RATE Lender Is
permitted to charge by law, whichever Is le88. Subject to applicable law, the mInimum ANNUAL PERCENTAGE RATE 8hall not be less than
4.000 %.
PERIODIC RATE: [!J An initial Dally Periodic Rate 01 0.02671 % Is used to determine the finance charge for each billing eyele whIch when multlpllec:l by
365 corresponds to the Initial ANNUAL PERCENTAGE RATE of 9 ,750 %.0 An Initial Monthly Periodic Rate of % is used to
determine the finance charge lor each billing oycle which when multiplied by 12 corresponds to the initial ANNUAL PERCENTAGE RATE 01 %.
ANNUAL MAINTENANCE FEE: An annual maintenance fell' of $ n/. will be assessed regardless of whether or not Borrower uses the Account.
CHECK PROCESSING FEE: If a check for payment is retumed to lender for any reason (for example, because there are insufficient funds in Borrower'.
checking account), Lender will assess a check procesaing fee of $ 32.00
OTHER COSTS OR DISBURSEMENTS: Other fees, charge., or dlsburuments are ItemIzed In the ScheduJe of Fees, Charges or Disbursements which
Borrower acknowledges receIpt of a copy and which is Incorporated Into this J\:!reement by this reference.
ACKNOWLEDGMENT: THE UNDERSIGNED ACKNQlM..EDGE THEY HAVE READ, UNDERSTAND, 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 WITNESS WHEREOF, the undersigned hat/have caused this Instn.Jment to be executed as a sealed instrument this 15th day of
April. 2003
'ORROWE' BOYd~uv.r
~~~ ,~A~
Boyd La v
BORROWER:
(Seall
(Seal)
BORROWER: BORROWER;
(Seall (Seal)
LPPA110 {)FarmAllonTl'Cnnologi.'.lnc. 111/18/SS) (800j937.3799
ctAhbJ f1
PaQ.1o/4
FINANCE CHARGES: All advances are subj' "nanee charges from th~~ the advance unl" 1dvances are paid. There 18 no Intersat-fre..
period on the A:count. Lender determines It. ;8 charge assessed on ..,..unt In the mannl ,(ad below:
[!I Actual Daily Balanoe. Lender starts with the balance on the Account at the beginning of 811Ch billing cycle. Each day during Ihe billing cycle, Lender add.
n'ew advances and debits and subtracts payments and credits [Ja 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 Dally Periodic Rate 10 determine the daily finance charges. These dally finance
chargesarll lidded logelherto determine theflnllnce charge for the b illlngcycle.
[J Average Daily Balance. Lender starts with the balance on the Acoount at the beginning of each billing cycle. Each day during the billing cyole, lender
adds new advances and debits and sub}racts payments and credits 0 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 tc get the Average Daily Balance. Lender then multiplies the Average Dally Balance by the 0 Daily Periodic Rate and the actual number of
days in the billing cycle 0 Monthly Periodic Rate. This product is the finance charge for the billing cycle.
MINIMUM FINANCE CHARGE: A minimum FINANCE CHARGE of $ 0.01
there is an outstanding balance
may be assessed on the Account for each billing cycre In which
BILLING CYCLE: The Borrower shall be billed: MONTHLY
MINIMUM PAYMENT: Borrower may pay all or a part of the outstanding balance at any time without penalty. Borrower's payment mUlt be made by the
payment due date shown on the periodic statement described below, .AU paymenta ahall be applied by Lender In the manner d8termlned by Lender. All
payments should be delivered to Lender at the addresalndlcated on the periodic statement. The Minimum Payment amount shall be:
[!] PRINCIPAL BAlANCE METHOD. The greater cf $ 25 .00 or all accrued and unpaid finance charges and any past due prlnoipal plue
2 . 5 of the outstanding prinoipal balance for the current billing oycle.
D OUTSTANDING BALANCE METHOD. The greater of $ or cf the outstanding balance for the current billing cycle.
CJ INTEREST ONLY METHOD. Borrower Shall pay all sccrued Interest 8l1d unpald finance or other charges for the current billing cycre. Borrower ehall
make alinal principal payment plus accrued Interest on'
OTHER.
AUTOMATIC PAYMENT DEDUCTION: D Borrower authorizes Lender to deduct the Minimum Payment due under this Account from Borrower's Account
Number ~ with Lender. Automatic payment deductions are not required to obtaln credit.
LATE CHARGE: If a Minimum Payment is received more than IS days late, Borrower will be charged a late charge of 0 %
of the unpaid amount of the late Minimum Payment, (!) 5 . 00 % of the unpaid amount of the late Minimum Payment or
$25.00 whichever IsO greater[]! less No more than one (1) late oharge will be imposed on any alngle Minimum Payment or portion of any
Minimum Payment.
RENEWAL: 0 If checked, this Agreement is In renewal, but not in eatisfaction, of Loan Number
,.
TERMS AND CONDITIONS
1. PROMISE TO PAY. Borrower promises to pay to the order of Lender the full amount of an advances 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 Umlt for this Acoount Ie Indicated on the first page of this Agreement. Borrower agrees not to request loan advancelon
the Account that would cause the unpaid principal balanoe to exceed the Credit Umlt. Although Lender may honor a loan advance request that exceeds the
Credit Limit from time to time, Lender shall have no obligation to make such advancea. Borrower agrees to hold Lender harmlesa from and agalnst alllosees
of every nature related to suoh advances and any other ciroumstances in whloh the Credit Umit is exoeeded by mistake or otherwise.
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 outatandlng
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 exlenllon.
4. INFORMATION ABOUT THE BORROWER. Borrower agrees to provide to Lender. upon request, the financial and credit related Information neeanary to
establish this Account. Borrower understands that Lender will open the Account and make loan advances under this Account In rellanoe on that Information.
Borrower promises that all information provided to Lender either now or In the future will be true and oomplete. Borrower agreee to notify Lender Immediately
of any adverse change in Borrower's flnancla' or credit condition. Information concerning the Account may be reported to credit reporting agencies and will be
made available when requested by proper regal prooess.
5. PERIODIC STATEMENTS. Each billing cycle Lender will forward to Borrower at the address Indicated on the first page of this Agreement a perlodlo
statement of the Account. The periodio statement will include a summary of all traneactlons on the Acoount during the billing cycle, the prevloue balance.
advanoes, payments and credits, finance charges, the ending balanoe. and wm specify the minimum payment amount and date that payment i. due,
6. 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: (al fails 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 faise 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 staltJtory or judicial
proceeding for the rehabilitation of debtors; (I) dies or becomes regally Incompetent; (g) permits the entry or seNlce of any garnishment, judgment, 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, atolen, destroyed or
damaged in any material respect. or subjected to seizure, confiscation or condemnation; (i) causes Lender to deem itaeH Insecure due to a significant decline
in the value of any collaterai securing this Agreement; or Ol Lender, in good faith, believes the prospect of payment, performance or realization of any
coiiaterallsimpalred.
7. LENDER'S RIGHTS UPON EVENT OF DEFAULT. If there is an Event of Default, Lender may terminate Borrower'a rlghta under this Agreement and (a)
deciare the unpaId balance of the Account. Including finance chargea, 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 addltlonaladvan~ requests; (0) take poS88ssion
of any collateral in any manner permitted by law; (d) require Borrower to deliver and make available any collateral at a place reasonably oonvenient to Lender;
(e) sell, lease or otherwise dispose of any collateral and collect any deflclenoy balance with or without reaortlng to judicial process; and (I) 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 aocounte agaInst all funds due and
owing to Lender. Lender's remedies are in addition to those available at oommon raw, such as set-off. If this Account may be accessed by a 'credlt card. as
such is defined under the Truth-In-Lendlng Act and its implementing regulation, Regulation Z, then Lender's right to set-off Borrower's indebtedness Incurred
under the Account Is prohibited to the extent 11 Is prohibited under such Act and Regulation.
LPPA110B @FormAllonTechnoIOSle.,lnc.(11/1S/1MI) (SOO)a37'37119
P~.2of4
8. DEMAND FEATURE. ~ If checked, thls.AQ \ contains a deman.re. Lender's rIght 10
shah' be in Lendlli's sole and absolute discretion, ~. A or not any default urred.
9., TERMINATION. In addition to Lender's rights upon Borrower'. default, Lender, in Ita 80Ie discretion, may terminate the Account by notifying Borrower.
After delivery of any nolice of termination of the Account, Lender', obligation, if any, to honor loan advance requests against the Account shall 08888, Borrower
Shall continue to be oblIgated 10 pay all amounts due to Lender pursuant to the terms of this AQreement at the lima of termination. Borrower's obligation to
pay all amounts due to Lender shall continue until all amounts due and owing hay. be.n paid. My Borrower may terminate this Agreement by notifying
Lander in writing at the address indlcatad on the Agreement, but no termination shan be effective until Lender has processed (at Hs option) all advances
requested by any Borrower. Termination by anyone Borrower shall terminate thia Agreement for all BorrOWers.
, payment, at any time, and from time.,
10. COLLECTION COSTS. To the eXlent permitted by raw, Borrower agrees to pay Lender's reasonable fees and costs, InCluding, but not limited to, fees and
costs of attorneys and other agents (Inoludlng without limitation paralegals, clerks and consultants), whether or not any attorney or agent Is an employee of
Lender, whloh are inourred by Lender In colJeotlng any amount due or enforoing any right or remedy under this Agreement, inCluding, but not IImHed to. fees
and costs Inourred on appeal, in bankruptcy, and for post-Judgment colJeotlon actions, and whether or not sull is brought.
11. JOINT ACCOUNT. If there Is more than one Borrower, their obligations under thle AQreement shall be Joint and several. This lIabHlty exists regardle88 of
which Borrower creates the debt and In spite of any divorCe, regal prooeedlngs or agreement that may affectliablllty between the BorrOWers. This Joint and
indivldualliabfllty shall oontinue until all obligations are paid In fufr. A release of one Joint Borrower shall not cperate 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 walver of those
oblJgations cr 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, fails to exerclae, Impalrs or releaus any of the oblJgations belonging to any co.borrower or guarantor or
any of lis rights sgainst any co-borrower or guarantor. If securing this Agreement with 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 causea
any such vlolallon with respect to this Agreement. Lender may accept and apply checks and other Instruments marked .Pald In Full" or with a similar phrlll8
describing a payment as full satisfaction of the Account, without being bound by that language and without waiving any rights to payment of all amounts owing
under this Agreemenl.
13. ASSIGNMENT. Borrower agrees not to aSBign any of Its rights, remedies or obligations described in this AQreement without the prior wrlttan consent of
Lender which may be withheld by Lender in its sore discretion. Borrower agrees that Lender is entitled to assign some or all Mlts rights and remedies
described in this Agreement without notioe 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 suoceasors,
assigns, trustees, feceivers, administrators, personal representatives, legateel, and devisees. The term "lender" shalJ mean the Lender specified in this
Agreement, Its Successors and assigns, and subsequent holders of this AQreement.
15. NOTICE. Any notioe or other communlcallon to be provided under this Agreemant shall be In writing and sent to tha parties at the addrasse~ desorlbed In
this Agreement or such other addrass as the parties may designata In writing from Ilme to tlma.
16. SEVERABILITY. If any provision of this Agreement violates the raw or Is unenforceable, the rest of the Agreement shall remain valid.
17. APPLICABLE LAW. This Agreement shall ba gO\l8rned by the laws of the state Indicated In Lender's address. Unless applicable law provides otherwise,
Borrower consents to the jurisdiction and venue of any court looated in such state selected by Lender, In Ita disoretion, in the event of a legal prooeedlng under
this Agreement.
18. SIGNATURES. The signature of the Borrower shall Indicate that Borrower has read this Agreement, agreed to the terms and conditions of the Agreement,
and recei\l8d a completed copy of this Agreement and Billing Rights Statament.
19. MISCELLANEOUS. Borrower will provide Lender with current finanoial statements and other information upon request. All referances to Borrower in this
Agreement shall Include aU of the parties sIgning this Agreement, inCluding any collgnars, and this Agreement shalf be binding upon the heirs, suocessors and
assigns of Borrower and Lender. Borrower and Lender agree that Ilme Is of the as.sence. Borfower and any pefson who endorses this Agreament wal.....
presentment, demand for payment, notice of dishonor and protest, and further waives any right (if any) to require Lender to proceed against anyone alsa
before proceeding against Borrower or said person. This Agreement repfesents tha complete and integrated understanding between Borrower and Lendar
with respect to the terms hereof.
20. JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WANE ANY RIGHT TO TRIAL BY JURY IN ANY CML ACTION ARISING OUT OF, OR
BASED UPON, THIS AGREEMENT OR THE COLLATERAL SECURING THiS AGREEMENT.
21. ADDITIONAL TERMS:
CREDIT LIFE AND ACCIDENT AND HEALTH INSURANCE
Credit Ufe 'nauranee and Accident and Health In.urance ale not requl," to obtall" credit, and will not be provided unle.e Borrower .18n. below and
agr..e to pay the additional co818. Credit Ufelnsurance Dls notavallabl..[i] Is ava/lable at a cost of $ 0.7050 fer $ 1.DO .00 of
the averaq. daily balance per billing period for lingle co\l8rage and $ 1.2330 per $ .000.00 of tha
averaa. daily balance per billing period for joint coverage (H available). Credit Accident and Heahh
Insurance ~ Is not avaUable. Ois available at a cost of $ per $ of the
per billing period.
n C::Y(- e4 'tf .b I<--DECL ES INSURANCE.
edltUfe Insurance
ealthlnsurance
Borrower requllts Accident and Health Insurance
Co-Borrower requests Credit Ufe Insurance
Co-Borrowef deClines Credit Ufe Insurance
LPPA11ClC ~ FcrmAljOf\T_c~ncl<>gle., Inc_ (11/18/981 1800) 837.S71ilS
Pas_Sell
BlUING RIG.TATEMENT
.
YOUR (BORROWER'S) BILLING RIGHTS, KEEP THIS NOTICE FOR FUTURE USE.
This notice contalns 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 inoorrect or if Borrower needs more information about a tranuctlon on a bill, Borrower should write to Lender as loon IS poulble
al the address indioated on the bill. Lender must hear from the Borrower no later than lixty (60) calendar days after Lender "nt Borrower the first bill on which
the errcr or problem appeared. Borrower may telephone lender, but doing so witt not preserve the Borrower's rIghts.
Borrower should provide the following information In the letter:
Borrower's name and aocount number.
The dollar amount of the suspected error.
A description of the error and an explanation, if possible, why Borrower beUev.. there is an error. If Borrower needs more Information, Borrow.r should
describe the Item Borrower is unsure about.
If Borrower has authorized Lender to pay the bill eutomatically from a savJngs or checking account, Borrower oan stop payment on any amount that the
Borrower believes Js wrong. To stop payment the Borrower's letter must reach lender at least (3) business days before the automatlo payment Is scheduled to
occur.
BORROWER'S RIGHTS AND LENDER'S RESPONSIBILITIES AFTER LENDER RECEIVES WRlnEN NOTICE.
Lender must aoknowledge Borrower's letter within thirty (30) days, unlel8 Lender has corrected the error by then. Within nJnety (90) days, Lender must either
correct the error or explain why lender believes the bJII isoorrect.
After lendar reoeives Borrower's latter, Lander cannot try to collect any amount In question, or report the Borrower as delinquent. lender may oontinue to bill
the Borrower for the amount in question, Including finance chargea, and Lender may apply any unpaid amount against the Borro_r', credit limit. Borrower
does not hava to pay any questioned amount while lender Is Investigating, but Borrower Is ,till obligated 10 pay the parts of the bill that are not In question.
II Lender finds Ihallender has made a mistake on Ihe 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 miSled payments on the questioned amount. In
eilher case, lender will send Borrower a statement 01 the amount owsd and the date Ills due.
If Borrower falls to psy Ihe amount owed, lender may report the Borrower as delinquent. However, If lender's explanation does not satisfy Borrower and
Borrower writes to Lender within len (10) daya telling lender that Borrower atiIJ refuses to pay, Lender must lell anyone Lender reported Borrower to that
Borrower has a question regarding Borrower's bills. Furthermore. Lander mUlt tell Borrower the name of anyone Ihat Lander reported Borrower 10. Lender mutt
lell anyone lender reports Borrower 10 thai the matter has been settled between us when it finally is.
,
il Lender doesn't follow Ihese rules, lender cannot collecl the first $50,00 of the questioned amount, even JI the bill was correct.
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02867 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
~
COMMUNITY BANKS
VS
LAUVER BOYD F
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
LAUVER BOYD F
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On July
12th , 2005 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
Postage
18.00
9.00
10.00
35.39
.74
73.13
07/12/2005
STEVEN COURTNEY
So a~~ ____~/ _----- ~;
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R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this I~ ~ day o~
,/
d-tit>:, A.D.
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'-7~prothonotary
COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
INS'FAUC11ONS
PLEASE T~ONLY ~ lTHIW 12
00__ DETACH ANY COPES
1 PLAINTIFF/Sf
2 COURT NUMBER
05 2867 civil
4 TYPE OF VVRIT OR COMPLAINT
Camnmity Banks
3 DEFENDANT/51
Boyd F. Lauver
{ 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETe TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Bovd F. Lauver
6 ADDRESS (STREET OR RFO VV1TH BOX NUMBER, APT NO. CITY, BORD, "T\'VP, STATE AND ZIP CODE)
dersontown Road Mechanicsbur . PA 17055
o PERSONAL 0 PERSON IN CHARGE DEPUTIZE '..J C RT Il
Notice & Complaint
CICA
SERVE
..
AT
7 INDICATE SERVICE
l.) 1 S1 CLASS MAil
U POSTED
U OTHER
6/R ,2005 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff 01
York COUNTY to execute .. )l\lpl,PmJ make retur I.accordlng
to law. This depulization being made allhe requesl and risk 01 lhe plaintiff. ~ ;"".t'<
. SHERIFF OF COUNTY
8. SPEClAL INSTRUCTIONS OR OTHER IN FORMA liON THAT \NIll ASSIST IN EXPEDITING SERVICE Cunberland
Ou-I- ~ CDllY\~
Ch""-.~~~
Thank you.
NOW
/\DVAl1CE FEE PAID BY LAW OFFICE STEVEN C COURTNEY P C
Please mail return of service to Cumberland County Sheriff.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy shenff levying upon or attaching any property under within wnt may leave same
without a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment. without liability on the part of such deputy Of the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriff's sale thereof
9 TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TElEPHONE NUMBER 11 DATE FilED
LAIl OFFICE STE,VE11 C COURTNEY P C PO BOX 6280 HARRISBURG PA 17112
717-540-3900
12 SEND NOTICE OF SERVICE C (This area m sl be completed if notice is 10 be mailed)
CO,
SPAc:EBELOW FOR USE Of: THE.stERIFF - 00
13. I acknowledge receipt of the writ
or complaint as indicated above R AHRE1"IS
RESIDENCE-Kl.
POSTED ( )
POEt )
SHERIFF'S OFFICE ( )
OTHER (
see REMARKS BElOW
16 HOW SERVED
22
~~
<<. Signatule or
Dep. Sheriff
46. Signature of YOlk
County Sheri"
HILLIAt1 N
48 Signature of Foreign
County Sherin
IGNATURE
7/6/05
49 DATE
51 DATE RECEIVED
,. v.ttITE -ISSUIng Aulholity 2. PINK. Attorney 3. CANARY - Sheriff's Offi~ 4. BLUE Shentrs Office
,
I
COMMUNITYBANKS
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
vs.
NO. 05-2867
BOYD F. LAUVER
CIVIL ACTION - LAW
Defendant
Would you please enter judgment in favor of Plaintiff and against
Defendant, Boyd F. Lauver, 214 Andersontown Road, Mechanicsburg,
PA 17055 for failure to plead to the Complaint within twenty days
of service thereof. I hereby certify that the Default Notice
required by Rules of Court was sent to the Defendants as shown on
the copy attached hereto. Assess damages as follows:
$11186.04, together with interest thereon from elate of judgment
together with costs of suit thereon.
October 21, 2005
n ~.,
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.---""--.---- \, / 'l \... I - ~
Arthur M: Feld, Esq.
COMMUNITYBANKS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
NO.: 05-2867
BOYD F. LAUVER
CIVIL ACTION - LAW
Defendant
IMPORTANT NOTICE
To: BOYD F. LAUVER
DATE OF NOTICE: October 10, 2005
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Legal Services, Inc.
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
Q \~t\~
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070
(717) 770-0292
I. D. No. #07172
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COMMUNITYBANKS
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
VS
No.05-2867
BOYD F. LAUVER
Defendant/s
To BOYD F. LAUVER
You are hereby notified that on OCTOBER ;2Lj-l-Z-, 2005, the following
judgment has been entered against you in the above captioned case.
JUDGMENT IN THE AMOUNT OF $11186.04
PLUS INTEREST FROM DATE OF JUDGMENT
OF SUIT THEREON
PLUS COSTS
DATE: OCTOBER cYJR, 2005
,<a~
I hereby certify that the name and address of the proper person/s to
receive this notice under Pa. R. Civ. P. 236 is/are:
BOYD F. LAUVER
214 ANDERSONTOWN ROAD
MECHANICSBURG, PA 17055
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
COMMUNITYBANKS
( ) Confessed Judgment
(X) Other DISTRICT JUSTICE
vs.
BOYD F. LAUVER
214 ANDERSONTOWN ROAD
MECHANICSBURG, PA 17055
Defendant
File No. 05-2867
Amount Due $11186.04
Interest FROM 10/24/05
Atty's Comm
Costs Total
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not
arise out of a retail installment 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.
Issue Writ of Execution in the above matter to the Sheriff of
CUMBERLAND County, for debt, interest and costs upon the
following described property of the defendant (s) LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND
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)
IC'~C~
\
Index this writ against
DATE:
Signature:
Q t/IA. ~
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
(717) 770-0292
IDNo. #07172
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-2867 Civil
CIVIL ACTION ~ LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMUNITYBANKS, Plaintiff (s)
From BOYD F. LAUVER, 214 ANDERSONTOWN ROAD, MECHANICSBURG, P A 17055
(I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY.
(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 $11,186.04
Interest FROM 10/24/05
L.L. $.50
Atty's Corum
%
Due Prothy $1.00
Other Costs
Arty Paid $154.76
Plaintiff Paid
Date: OCTOBER 24, 2005
Pr thonota
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQmRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
b.
Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, ADDRESS IS LOCATED IN YORK COUNTY.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
18.00
.79
.50
1.00
20.00
40.29
Sworn and Subscribed to before me
2005 A.D.
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Advance Costs:
Sheriffs Costs;
150.00
40.29
$ 109.71
Refunded to Atty on 11/08/05
So Answers;
r~'<l~ ~
R Thomas Kline, ~
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C:l CLuch-l-----/JAt-L2h {tt
By Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-2867 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMUNITYBANKS, Plaintiff (s)
From BOYD F. LAUVER, 214 ANDERSONTOWN ROAD, MECHANICSBURG, P A 17055
(I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $11,186.04
Interest FROM 10/24/05
L.L. $.50
Atty's Corum
%
Due Prothy $1.00
Other Costs
Ally Paid $154.76
Plaintiff Paid
Date: OCTOBER 24, 2005
(Seal)
Prothonotaxy.
By:
Deputy
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQIDRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, P A 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
#
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
COMMUNITYBANKS
( ) Confessed Jcdgment
(X) Other DISTRICT JUSTICE
vs.
BOYD F. LAUVER
214 ANDERSONTOWN ROAD
MECHANICSBURG, PA 17055
Defendant
File No. 05-2867
Amount Due $11186.04
Interest FROM 1C/24/05
Atty's Cornrn
Costs Total
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not
arise out of a retail installment 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.
Issue Writ of Execution in the above matter to the Sheriff of
YORK County, for debt, interest and costs upon the
following described property of the defendant (s) LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND
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
/'0
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DATE:
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Signature:
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumbe;:land, PA 17070
Attorney for Plaintiff
(717) 770..0292
ID No. #07172
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-2867 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF YORK COUNTY:
To satisfy the debt, interest and costs due
COMMUNITYBANKS, Plaintiff (s)
From BOYD F. LAUVER, 214 ANDERSONTOWN ROAD, MECHANICSBURG, P A 17055
(I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(5) or otherwise disposing thereof;
(3) Ifproperty 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 $11186.04
Interest FROM 10/24/05
L.L.
Atty's Comm
%
Due Prothy $1.00
Other Costs
Atty Paid $207.55
Plaintiff Paid
Date: NOVEMBER 18, 2005
CURTIS R. LONG
(Seal)
Protho~
.J3y: tV>. 0
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Deputy
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
WRIT OF EXECUTION and/or ATTACHMENT
;;/005<::)\) - ~5]'I-lXOS:
NO 05-2867 Civil ()
CIVIL ACTION - LAW
TO THE SHERIFF OF YORK COUNTY:
To satisfy the debt, interest and costs due COMMUNITYBANKS, PlaintiIT (s)
From BOYD F. LAUVER. 214 ANDERSONTOWN ROAD. MECHANICSBURG, P A 17055
(I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment hO' been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account ofthe defendant (s) and trom delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $11186.04
Interest FROM 10/24/05
L.L.
Arty's Carom %
Due Prothy $1.00
Other Costs (' ,_ -\?,c \~. .)
V\VI~._ '\ l)v 15
l"
n]"~ sheriff costs $
crURTlS R. LONG
Atty Paid $207.55
Plaintiff Paid
Date: NOVEMBER 18, 2005
(Seal)
protho~ '
~ tV} " _Po 7l""~P./fJ r-.
Deputy
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA ]7070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
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COUNTY OF YORK
:75'- ~ {'I- 7
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE 0Nl. Y LINE 1 THRU 12
DO NOT DETACH ANY COPIES
2 COURT NUMBEIC NBERLAND . ') - 2
COMMUNITYBANKS
4 TYPE OF
-,
\ PLAIN"TIFFISI
:J DEFENDANT/Sf
BOYD F. LAUVER
~E {
AT
7 INDICATE SERVICE
5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD
BOYD F. LAUVER
6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY, BORD, TWP. STATE AND liP CODE)
214 ANDERSONTOWN ROAD, MECHANICSBURG, PA 17055
o PERSONAL LJ PERSON IN CHARGE U DEPUTIZE 'J CERT MAIL
.1
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LJ 1 5T ClASS MAil U POSTED U OTHER
NOW
. 20__.. I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of
COUNTY to execute this Writ and make returl'\-l~erep~.accp;dmg
This depulization being made at the request and risk of the plaintiff, '-, .'"
SHERIFF Of 'iORK :COUNT)' --1
to law.
8. SPEClAllNSTRUCTIQNS OR OTHER INFQRMA nON THAT VI/IlL ASSIST IN EXPEDITING SERVICE
...-.,..,
I,';,'
LEVY ON PERSONAL PROPERTY AND HOUSEHOLD GOODS.
C.,)
-':-)
_ : ,:-:i
. r:) . i
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff leVYIng upon or attachIng any property under within Writ mf)t..:~eave same
without a wald'lman. in custody of whomever is found in possession, after notifymg person of levy or attachment. wIthout liability on the part of s.uch depu"iiOr the-sn:er1n \q,):hy plaln\lff
herein fOl any loss. destnJdion. or remo'lal of any property before sheriffs e thereof C..., ~
. lYPE NAME and ADORESS 01 ATTORNEY I ORIGINATOR and SIG 10 TELEPHONE NUMBER \1 0 ff}E';--
ARTHUR M. FELD, 1309 BRIDGE ST., NEW C 717-770-0292 II D)
SET SALE 25 DAYS FROM LEVY ALLOW EXEMPTION fORM ENCLOSED
12, SENO NOTICE OF SERV\CE COpy TO NAME AND ADDRESS BELOW (ThIs area must be completed If nobce IS 10 be maIled)
ARTHUR M. FELD, 1309 BRIDGE ST., NEW CUMBERLAND, PA 17070
SPACE BELOW FOR USE OF THE SHERFF - DO NOT WRITE BELOW THIS LINE
13.lactmowtedgereceiptoftheWfl\. 1... QATERECEIVEO
Of complalrlt as tIldicated above
16 HOW SERVED
PERSONAL (
RESIDENCE ( )
Ll~OI\7L;-ip,.H
POSTED ( ) POE (
SHERIFF'S OFFICE ( )
SEE REMARKS BelOW
OTHER (
17 Q I hereby certify and return a NOT FOUND because I am unable to locate the il"\dividual, oompany. e1c named above (See remarks below.)
18 NAME AND TiTlE OF INDIVIDUAL SERVED lUST ADDRESS HERE IF NOT SHOVVN ABOVE (RelationshIp 10 Defendant) 19 Dale ot Se/'VlCe 20 Time 01 Se/'Vlce
22 REMARKS
Bankruptcy Petition ~1-05-10031 filed December 12/20/05 by Dorothy L. Mott, Esquire, stays
further execution.
41. "FFI~E9 _and subs.cribed 10 beforjJ me thIS
42 day o'\J14. i1 . 2rli.a 43 '
~JN01ARY
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
LISA L. BOWMAN, NOTARY PUBLIC
CITY OF YORK. YORK COUNTY
50 I ACK MMI88I~IR&l'AlfG~ VIII
OFA
Check No
5019
40i0
44. SIgnature of
Oep. Sheriff
046 Signature of York
County Sheri"
45 DATE
47 DATE
-
1/11/06
48 SIgnature ot ForelQn
County Shenn
GNATURE
49 DATE
~=~~~~-=-_~ATE R-ECEJVED_=~=-=
1 \l\fiITE -ISSUIng Authority 2. PINK - Attorney J CANARY. Shenffs Office .. BLUE - ShenlTs Office
SHERIFF'S RETURN OF SERVICE
12/20/2005
]2/2]/2005 BANKRUPTCY PETITION #1-05-10031 DECEMBER 20, 2005 BY DOROTHY L. MOTT, ESQUIRE STA YS
FURTHER EXECUTION.
SHERIFF COST: $48.37 (PAID)
SOM~
W]LLlAM M HOSE, SHERIFF
January 11,2006