HomeMy WebLinkAbout2005-4531 Civil
CHESTER J. JASEK AND : IN THE COURT OF COMMON PLEAS OF
LOIS M. JASEK, INDIVIDUALS : CUMBERLAND COUNTY, PENNSYLVANIA
AND TRUSTEES, :
Plaintiffs :
:
V.:
:
CONSTANTINE N. GEKAS, AKA : NO. 2005 – 4531 CIVIL TERM
DEAN GEKAS :
EVAN N. GEKAS, INTEGRITY :
BANK, INTEGRITY BANCORP :
MORTGAGE COMPANY, LLC, :
COMMUNITY BANKS, INC. AND :
PENNSYLVANIA STATE BANK, :
Defendants : CIVIL ACTION – LAW
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT
COMMUNITY BANKS, INC.
BEFORE OLER, GUIDO, EBERT, JJ.
MEMORANDUM OPINION AND ORDER
Before us are preliminary objections in the nature of a demurrer filed by
defendant Community Banks, Inc. (hereinafter Community). For the reasons hereinafter
set forth, the preliminary objections will be sustained.
Plaintiff’s commenced this multi- count complaint against several defendants,
including the moving defendant. The complaint arises out of a transaction in which the
plaintiffs allege they were duped into conveying their home to defendants Gekas for
1
substantially less than its fair market value. Thereafter the defendant Constantine Gekas
placed an open ended mortgage on the premises in favor of defendant Community.
Plaintiffs seek to have the mortgage stricken from the record.
1
Plaintiffs allege that they were led to believe that they were borrowing money against the equity in their
home. While they thought they were signing a mortgage to secure the repayment of the loan, they in fact
signed a deed conveying the home to defendants Gekas.
There are no allegations that defendant Community was involved in the alleged
scheme to defraud the plaintiffs. Nor are there any allegations that Community knew, or
2
should have known, of the plaintiffs’ interest in the property. In fact there are no
allegations of any wrongdoing on the part of Community.
Plaintiffs have offered no legal authority which would support their cause of
action against defendant Community. In point of fact, there is well-established authority
directly contra to the plaintiffs’ position. As the Pennsylvania Supreme Court noted
many years ago:
An innocent purchaser for value, having neither actual nor constructive
knowledge of claims of a third party, holds the title acquired free of any
such secret equities. Where one of two innocent persons must suffer, he
whose neglect makes the injury possible must bear the responsibility.
Lund v. Heinrich, 410 Pa. 341, 346, 189 A.2d 581,584 (1963). Since we find Lund to be
controlling, we will enter the order that follows.
ORDER OF COURT
AND NOW, this ________ day of MAY, 2007, the Preliminary Objections of
Defendant Community Banks, Inc. in the nature of a demurrer are SUSTAINED and the
complaint against Defendant Community Banks, Inc. is DISMISSED.
By the Court,
________________
Edward E. Guido, J.
Richard C. Rupp, Esquire
James L. Goldsmith, Esquire
Nedric L. Nissly, Esquire
Rory O. Connaughton, Esquire
Daniel L. Sullivan, Esquire
Robert B. Kodak, Esquire
2
At the time the mortgage was granted, the Gekas’ were the record owners of the property.
CHESTER J. JASEK AND : IN THE COURT OF COMMON PLEAS OF
LOIS M. JASEK, INDIVIDUALS : CUMBERLAND COUNTY, PENNSYLVANIA
AND TRUSTEES, :
Plaintiffs :
:
V. :
:
CONSTANTINE N. GEKAS, AKA : NO. 2005 – 4531 CIVIL TERM
DEAN GEKAS :
EVAN N. GEKAS, INTEGRITY :
BANK, INTEGRITY BANCORP :
MORTGAGE COMPANY, LLC, :
COMMUNITY BANKS, INC. AND :
PENNSYLVANIA STATE BANK, :
Defendants : CIVIL ACTION – LAW
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT
COMMUNITY BANKS INC.
BEFORE OLER, JR., GUIDO, EBERT, JJ.
ORDER OF COURT
TH
AND NOW, this 14 day of MAY, 2007, after reviewing the briefs filed by the
parties and having heard argument thereon, the Preliminary Objections of Defendant
Community Banks Inc. are DISMISSED.
By the Court,
________________
Edward E. Guido, J.
Richard C. Rupp, Esquire
James L. Goldsmith, Esquire
Nedric L. Nissly, Esquire
Rory O. Connaughton, Esquire
Daniel L. Sullivan, Esquire
Robert B. Kodak, Esquire