HomeMy WebLinkAbout01-04985FLOYD C. PARSONS and MARCIA L. )
PARSONS, )
Plaintiffs )
vs. )
CORDON K. BANZHOFF, M.D. and )
CORDON K. BANZHOFF, JR, )
Defendants )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CNIL ACTION -LAW
NO. 01-4985
RETi7RN OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF ER1E
I, the undersigned, after being duly sworn, do hereby say and affirm that on the 13'" day of
November, 2001, I served or caused to be served the attached Notice of Defendant's Rights on Gordon K.
Banzhoff, M.D., 123 Bear's Paul Trail, Napoles, Florida 34105, by certified, United States mail, postage
prepaid, copies of the signature card (PS Form 3811) being attached hereto. I verify that the statements
made in this Return of Service are true and correct to the best of my personal lmowledge or informafion
and belief.
KNOX McLAUGHLIN GORNALL &
SENNETT, P.C.
Date: February ~ , 2002 BY:
SWORN TO AND SUBSCRIBED BEFORE ME
THIS G?`' DAY OF--=, 2002.
,. _.
~~ool, Esqu~~ ~~
Attorneys for Plaintiff
120 West Tenth Street
Erie, Pennsylvania 16501
(814)459-2800
Notary Public
My commission expires:
l m~ ~umm~5slun EXPIRES OCT. 29 2062
# 403275
• 1
Floyd C. Pazsons and Marcia L. Pazsons vs.
Gordon K. Banzhoff, M.D. and Gordon K.
Banzhoff, Jr.
Case No. 01-985
Cumberland County, Pennsylvania
CERTIFIED MAIL RECEIl'T (and signature cardl
Item mailed: Notice of Judgment
Date mailed: November 8, 2001
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PS Form 3811, July 1999
102585-88~MA852
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FLOYD C. PARSONS and MARCIA L.
PARSONS,
Plaintiffs
vs.
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANlA
CIVIL ACTION -LAW
NO. 01-4985
NOTICE OF DEFENDANT'S RIGHTS
To: Gordon K. Banzhoff, M.D.
123 Bear's Paul Trail
Napoles, FL 34105
A Judgment in the amount of $170,296.39 has been entered against you and in favor of the
plaintiff without any prior nofice or hearing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you. The sheriff may take your money or other property to
pay the judgment at any time after thirty (30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT 1T TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
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, Pennsylvania 17013
1-800-990-9108
(717)249-3166
# 399666
Mark G. Claypooh6!. .~--''
Pa. I.D. No. 63199
120 West Tenth Street
Erie, Pennsylvania 16501
(814)459-2800
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PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
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FLOYD C. PARSONS and MARCIA L.
PARSONS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
vs.
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
CIVIL ACTION -LAW
No. OI - ~l4~5 ~i u~~~~
Defendants
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a copy of which is
attached to the Complaint filed in this action, the undersigned hereby appears for the Plaintiffs
and confesses judgment in favor of Floyd C. Parsons and Marcia L. Parsons and against the
Defendants as follows:
Principal sum $150,000.00
Interest as of 7/24/01 $ 9,170.76
Costs To be added
Late charges $ 3,167.10
Attorney's commission (5%) $ 7,958.53
TOTAL AMOUNT: $170,296.39
Attorney's fees, costs, charges, and interest at the rate provided by the Note of 9%
continues to accrue until paid in full.
BY:
Mark G. Claypoo
PA I.D. No. 63 99
120 West Tenth Street
Erie, PA 16501
(814)459-2800
# 385577
}
r~
FLOYD C. PARSONS and MARCIA L.
PARSONS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
CIVIL ACTION -LAW
Defendants
COMPLAINT IN JUDGMENT
CODE:
Filed on behalf of plaintiffs, Floyd C. Parsons
and Marcia L. Pazsons
Counsel of Record:
Mark G. Claypool, Esquire
PA I.D. No. 63199
KNOX MCLAUGHLIN GORNALL &
SENNETT, P.C.
120 West Tenth Street
Erie, Pennsylvania 16501
(814)459-2800
,~,
FLOYD C. PARSONS and MARCIA L. )
PARSONS, )
Plaintiffs
vs. )
GORDON K. BANZHOFF, M.D. and )
GORDON K. BANZHOFF, JR., )
Defendants )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
COMPLAINT IN JUDGMENT
AND NOW, this day of August, 2001, comes the Plaintiffs, Floyd C. _Parsons
and Marcia L. Parsons ("Plaintiffs"), by and through its attorneys, Knox McLaughlin Gornall &
Sennett, P.C., with this Complaint in Judgment against the Defendants, Gordon K.
Banzhoff, M.D. and Gordan K. Banzhoff, Jr., stating as follows:
1. Plaintiffs are adult individuals maintaining a joint address of 14070 Hill
Road, Wattsburg, Pennsylvania 16442.
Defendant, Gordon K. Banzhoff, M.D., is an adult individual believed to
be maintaining an address of P.O. Box 339, Camp Hill, Pennsylvania 17001-0339.
3. Defendant, Gordon K. Banzhoff, Jr., is an adult individual believed to be
maintaining an address of P.O. Box 339, Camp Hill, Pennsylvania 17001-0339
4. A true and correct copy of a Guaranty dated October 2, 1997 ("Guaranty")
is attached hereto and is incorporated herein by reference as Exhibit "A". Under the terms of the
Guaranty,,Defendants guaranteed payment in full of all amounts due Plaintiff up to a limit of
$150,000.00 in principal plus all accrued interest, costs and fees under a certain Note dated
October 2, 1997 executed by Gordon K. Banzhoff and. Gordon K. Banzhoff, Jr. and Banzhoff &
Banzhoff, a Pennsylvania general partnership.
5. The Guaranty has not been assigned.
6. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
Judgment has not previously been entered on the Guaranty in any
jurisdiction.
8. A default has occurred under the terms of the Guaranty and the Note as a
result of a failure to make payments when due.
9. An itemization of the amount due to the Plaintiff from the Defendants
under the aforementioned instrument is as follows:
Principal sum $150,000.00
Interest as of 7/24/01 $ 9,170.76
Costs To be Added
Late charges $ 3,167.10
Attorney's commission (5%) $ 7,958.53
TOTAL AMOUNT: $170,296.39
Attorney's fees, costs, charges, and interest at the rate provided by the Note of 9%
continues to accrue until paid in full.
WHEREFORE, Plaintiff, as authorized by the warrant of attorney contained in the
attached Guaranty, demands judgment against the Defendants in the amount of $170,296.39, plus
interest at the rate of interest of 9% per annum as set forth in the Note until paid in full, plus late
charges, attorneys' fees and costs of suit and for such other relief as is necessary and just.
Respectfully submitted,
KNOX McLAUGHLIN GORNALL &
SENNETT, P.C.
Attorneys for Floyd C. Parsons and
Marcia L. Parsons
BY:
Mark G. Claypool
Pa. I.D. No. 631
120 West Tenth Street
Erie, Pennsylvania 16501
(814)459-2800
# 385577
GUARANTY
Floyd C. Parsons and Marcia Parsons, husband and wife (jointly "Creditor") have
agreed to provide seller financing in the amount of One Hundred Fifty Thousand
($150,000.00) Dollars to Banzhoff & Banzhoff, a Pennsylvania general partnership
("Debtor"). The Creditor has undertaken to make this advance to Debtor in reliance upon,
among other things, the security of this Guaranty.
NOW, THEREFORE, INTENDING TO BE LEGALLY BOUND HEREBY, and to induce
the Creditor to make advances to Debtor, the undersigned Guarantors do hereby agree as
follows;
1. The Guarantors hereby unconditionally guarantee to Creditor and Creditor's
assignees the prompt and punctual payment of all amounts becoming due from Debtor from
and after the date hereof, by acceleration on account of default, or otherwise, and the
performance of all other obligations, including the obligations undertaken by the Debtor to
the Creditor. The liability of the Guarantors under this Guaranty shall be limited to One
Hundred Fifty Thousand ($150,000.00) Dollars, plus interest, and may be enforced by
Creditor or any subsequent assignee of this Guaranty.
Z. The liability of the Guarantors hereunder is absolute and unconditional and shall
not be affected in any way by reason of any failure to pursue, repay or preserve any rights
against any person or persons, or the lack of any prior enforcement of such rights. The
Guarantors hereby waive any right to require any such prior enforcement. The Guarantors
agree that any delay in enforcing or failure to enforce any such rights shall in no way affect
the liability of the Guarantors hereunder, even if such rights are thereby lost.
3. The Guarantors hereby waive all notices whatsoever with respect to this Guaranty
except for notice of demand for payment from the Guarantors. The Guarantors further
waive notice of all other agreements, present and future, between Debtor and Creditor,
including, without limitation, notice of Creditor's acceptance hereof, and intention to act in
reliance hereon, of their reliance hereon, of the amount, terms and conditions of the
agreements between Creditor and Debtor and of any past or future defaults thereunder. The
Guarantors hereby consent to the taking of or failure to take, from time to time, without
notice to the Guarantors, any action of any nature whatsoever with respect to the
agreements between Debtor and Creditor, including, without limitation, any renewals,
extensions, modifications, postponements, compromises, indulgences, waivers, surrenders,
exchanges and releases. The Guarantors shall remain fully liable hereon, notwithstanding
any of the foregoing. The Guarantors hereby waive the benefit of all laws now or hereafter
in effect in any way limiting or restricting the liability of the Guarantors hereunder,
including, without limitation, (a) all defenses whatsoever to the Guarantors' liability
hereunder except the defenses of (i) payment; (ii) the performance of the other obligations
by the Creditor under the agreements; and (iii) lack of notice as required in the other
agreements which this Guaranty secures; and (b) all rights to stay of execution and
exemption of property in any action to enforce the liability of the Guarantors hereunder.
4. In addition to all other liability of the Guarantors hereunder, the Guarantors also
agree to pay on demand all costs and expenses (including reasonable counsel fees) which
may be incurred in the enforcement of the agreements between Debtor and Creditor or the
liability of the Guarantors hereunder by Creditor or any assignee. No delay in making
demand on the Guarantors for performance of payment of the Guarantors' obligations
hereunder shall prejudice the right to enforce said performance or payment.
5, Upon default, the Guarantors further do hereby empower any attorney of any
court of record within the United States or elsewhere to appear for them or either one of
them and, after one or more declarations filed, confess judgment against them or either of
them as of any term for all sums due hereunder, with costs of suit and attcrneys'
commission of five (5%) percent for collection and release of errors, and without stay of
execution, and inquisition and extension upon any levy on real estate is hereby waived and
condemnation agreed to. The exemption of personal property from levy and sale on any
execution hereon is also hereby expressly waived. No benefit of exemption shall be
claimed under and by virtue of any exemption law now in force or which may be hereafter
passed.
6. This Guaranty is given in connection with and evidences the obligation of the
Guarantors to make payment in connection with a commercial transaction.
7. In the event any one or more of the provisions contained in this Guaranty shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions of this Guaranty, but this
Guaranty shall be construed as if such invalid, illegal or unenforceable provisions had never
been contained herein.
8. The liability of any Guarantor hereunder is not conditioned upon the liability of
any other Guarantor.
9. The liability of each of the parties, which together are the Guarantors hereunder,
shall be joint and several.
2
10. Whenever the context herein so requires, the singular number shall include the
plural, the plural shall include the singular, and the use of any gender shall be applicable
to all genders.
IN WITNESS WHEREOF, on this
LEGALLY BOUND, and to bind the executors,
of the Guarantors, as applicable, the Guarar
executed and delivered.
WITNESS:
day of October, 1997, INTENDING TO BE
administrators, heirs, successors and assigns
:ors have caused this Guaranty to be duly
GUARANTORS:
e:\up59\seu\parsons.gty-October 2, 7997
~ ,
/~~
ordon K. Banz o , )r.
rrorl~
This Note dated October 2, 1997, that GORDON K. BANZI°30FF, GOItDON K.
BAN?~I-l:OPF, 71t., and 13ANZIiOFF & BANl.HOFF, a Pennsylvania general partnership, with an
i
address of P.O. i4ox 339 Camp Hill, Pennsylvania, hereinafter referred to as "Obligors", are held
and finely bouta5l unto FLOYI~ C. PARSONS and MARCIA PARSONS, husband and wife, of
140701di11 Roan, Wattsburg, Pennsylvania, hcrcinaRcr.referred to as the "Obligees", for the sum
of One I~[undred,Fifty thousand and No/100 ($150,000.00) Dollars to be paid to the said
ablibees, or obli~egs' executors, administrators, certain attorneys, successors, or assigns , to
i
which payment ~rcll and truly to be made and done; obligees do bind said obligors and said
obligors' heirs, successors and assigns, and every of them, firmly by these presents.
1TtT CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded
obligors, obligor's' heirs, successors and assigns, or any of them, shall and do well and truly pay,
or cause to be paid unto the above named obligees, or obligees' executors, administrators, certain
attorneys, successors, or assigns, the just and full sum payable at Nine (9%) percent annual
interest in monthly installments of interest only in the amount of One Thousand One Hundred
T°we~lty :Five and;00/100 ($1,125.00) Dollars to be due on the eleventh (11th) day of each and
ever;i month beginning on November 11, 1997, and continuing for a total of thirty Six {36)
months, with a b,~lloon payment to be applied toward a reduction in principal in the amount of
Four Thousand and 00/100 ($4,000.00) Dollars said balloon payment shall be due and payable on
or befare October 11, 2000. the remaining principal balance of One Hundred Forty Six
Thousand and 00(100 ($146,000,00) Dollars shall be payable at the rate of Nine (9%) percent
annual interest, in monthly installments of principal and interest in the amount of One Thousand
Bight Iiundred Forty Nine and 47/100 ($I,849.47) Dollars beginning on November 11, 2000, and
continuing monthly for a total of Eighty Four months. If not sooner paid, the entire principal. plus
accrued interest shall be due and payable on October 11, 2007.
Any monthly payment not received within ten (10) days of the due date will be assessed a
late charge of ton (l0%) percent of said payment.
Obligees have the privilege at their option to make additional payments on principal on
any payment dale or at any time prior to maturity without prepayment penalty.
Once pa~ment has been made in accordance with the terms and conditions mentioned
heretofore, without any fraud or further delay, then this bond and obligation shall cease and be
forever void; otherwise, is shalt remain in full force and effect.
AND IT IS FURTIiBR UNDERSTOOD AND AGREED that said obligors or obligor's
heir,>, legal representatives, successors"or assigns, will pay each years teal estate property taxes
and municipal assessments tevied upon the premises, described in the mortgage accompanying this
mortgage bond, before the penalty period, and will keep the buildings erected on the said preiuiscs
t insured in sarne good and reliable insurance company or companies licensed to transact business
in the Commonv¢ealth of Pennsylvania in the amount of at least the indebtedness secured hereby
($150,000.00), and the policy or policies with proper mortgagee or loss payable clause attached,
shall be delivered to and held by said obligees as collateral security for the payment of the monies
hereby secured; and in case said obligors or obligors' heirs, legal representatives, successors or
assigns, shat) neglect to pay said taxes or municipal assessments before the penalty period or shall
negic;ct to procure such insurance as above provided, then the said obligees or obligees' legal
representatives, successors or assigns, may pay said defaulted taxes or assessments, or insurance
premiums paid by said obligees shalt bear interest from the time of payment and be added to and
i
collected as part of the said principal sum, and in the same manner.
And it is further agreed and understood, that incase default be made at any time in the
paortncaet of any of the said installments or debt or interest, or any part thereof, or in the payment
of any of the said taxes and municipal assessments before the penalty period, as above provided,
or in the procuring or maintaining of said insurance, for thirty days after the same falls due or
should be procured and maintained as aforesaid, the whole of the said debt and interest and taxes
anel insurance premiums shall, at the option of the said obligees or obligees' legal representatives
or assigns, ther~ttpon become due and payable forthwith; and thereupon it shall be lawful for the
i
obligees or obti~ecs' legal representatives or assigns, at obligees' option to institute any
i
appropriate leg~l proceedings necessary for the collection of ap principal and interest, together
witl' any taxes, municipal charges, or insurance premiums paid by said obligees, which shall then
remain unpaid, yvit~t the same force and effect as if, by the terms hereof, the whole of said
principal had thy~relofore become due and payable.
And further, after an event of default which remains uncured after thirty (30) days prior
weilten notice from obligees to obligor said obligors do hereby authorize and empower any
~ .
attorney of any court of record of Pennsylvania, or elsewhere to aplxar for the confess judgment
against obligors for the above sum, with or without declaration, with costs or suit, release of
error, without stay of execution, and with ten (10%) percent of the entire indebtedness added for
COlIf;6tiS)n fix;3; and does also waive the right of inquisition on any r~w~tl estate that may be levied
upon to collect said judgment and does hereby voluntarily condemn the same, and authorize the
Prothonotary to enter upon the 1~ied Facial said voluntary tondemnation; and do further also
agree that said real estate may be sold on a Tieri Facial, and does hereby waive and release from
any ;tnd all apprasernent, stay of exemption laws of any State now in force or hereafter to be
pas°sud; and do further dmpowvr any such attornoy to appear in any proceedings Instituted for the
revival of said judgment, accept service, or waiver the issuing, or the write of Scire Facias, and
confess judgment or revival therein, as often as the revival thereof may be required, with release
of all errors the~ean.
Additionally, Obligee shaII retain title to 17 mobile home units currently under Lease
Purchase Agrceinents to tenants until such time as each individual Lease Purchase Agreement is
satisfied or until the-debt referenced herein is paid in full, whichevee shall Srst occur.
I
IN WITNESS WHEREOF, on this ~'~' day of October, 1997,1NTENDING TO SE
LEGALLY SOUND, and to bind executors, administrators, heirs, successors and assigns of the
obl"L,rors, as applicable, the obligors have taus fd this Note to be duly executed and delivered.
i P
I
i
OBLIGORS
C'
tl6\ \{\G{ J!\\t/
FLOYD C. PARSONS and MARCIA L. )
PARSONS, )
Plaintiffs )
vs. )~
GORDON K. BANZHOFF, M.D. and )
GORDON K. BANZHOFF; 7R., )
Defendants )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. DI-~ qPS evil ~~
AFFIDAVIT
Floyd C. Parsons and Marcia L. Parsons, being duly sworn, states as follows:
1. We aze the Plaintiffs listed hereinabove.
2. We have had an opportunity to review the original instrument referenced
in the instant Complaint in Judgment and we verify that Exhibit A is a true and correct copy of
the original to the best of our knowledge, information and belief.
Floyd C. Parsons
Marcia L. Parsons
SWORN AND SUBSCRIBED BEFORE ME
THIS ~ DAY OF 7kq~ , 2001
~_ ~~/Ll Y11~ W~.1~ J~ ~ G~
Notary Public
My commission expires: ~ ~ 003 '
# 385577 eu~~
M.WILHQM,1rbIA~~
FLOYD C. PARSONS and MARCIA L.
PARSONS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
vs.
CORDON K. BANZHOFF, M.D. and
CORDON K. BAN~HOFF, JR.,
CIVIL ACTION-LAW
NO. ~I- ~{Q~ ~iV~~, ~~
Defendants
CERTIFICATE OF RESIDENCE
I hereby certify that the address of the Plaintiffs are 14070 Hill Road, Wattsburg,
Pennsylvania 16442, that the last known addresses of the Defendants are as follows:
Gordon K. Banzhoff, M.D.
37 Tuscany Court
Camp Hill, PA 17001-0039
Gordon K. Banzhoff, Jr.
P.O. Box 339
Camp Hill, PA 17001-0039
BY:
Mark G. Claypool
PA I.D. No. 63199
120 West Tenth Street
Erie, PA 16501
(814) 459-2800
# 385577
FLOYD C. PARSONS and MARCIA L.
PARSONS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
vs.
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
CIVIL ACTION -LAW
No. C~ 1- y RPS ~~ ~ • ~- ~~
Defendants
VERIFICATION
On this, the _ day of August, 2001, Floyd C. Parsons and Marcia L. Parsons,
the undersigned, depose and state that they are the Plaintiffs herein, and that the facts set forth in
the foregoing Complaint are true and correct to the best of their larowledge, information and
belief, subject to the penalties of 18 Pa.C:S. §4904 relating to the unsworn falsification to
authorities.
~~~~ ~~Q~
Floyd C. Parsons
Marcia L. Parsons
# 385577
FLOYD C. PARSONS and MARCIA L.
PARSONS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
vs.
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
CIVIL ACTION -LAW
No. O I - ~! 4P-S'
Defendants
TO THE DEFENDANTS:
C..' 1 v c.(~ ! ~-1a-3
YOU ARE HEREBY NOTIFIED, as required by law, that a judgment has been entered
against you in the amount of $170,269.39, plus interest at the Note rate of 9% per annum and
attorneys' fees and costs at the above term and number on
You will find
enclosed copies of all documentation filed in this Office in support of the Confession of
Judgment. If you believe you were incorrectly identified and are not responsible for payment of
the obligation which formed the basis for this Judgment, you should contact an attorney
immediately. It may be necessary for you to file a Petition to Strike the Judgment, present it to a
Judge and request a prompt hearing. The Petition can be in the form set forth at Rule 2967 of the
Pennsylvania Rules of Civil Procedure. If the Court finds that you were in fact incorrectly
identified, you may be entitled to recover your court costs and reasonable attorney's fees.
CLERK OF RECORDS
PROTHONOTARY DIVISION
BY: 2
Prothonotary
# 385577
$` SHERIFF'S RETURN - REGULAR
! ~
CASE NO: 2001-04985 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PARSONS FLOYD C ET AL
VS
BANZHOFF CORDON K MD ET AL
SHANNON SUNDAY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF DEFT RIGHTS was served upon
BANZHOFF CORDON K JR
the
DEFENDANT
at 1231:00 HOURS, on the 31st day of October 2001
at 245 NORTH 25TH ST
CAMP HILL, PA 17001-0339
NIDIA MILLAN, ADULT IN CHARGE
PO BOX 339
by handing to
a true and attested copy of NOTICE OF DEFT RIGHTS together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 9.75
Affidavit .00
Surcharge 10.00
.00
25.75
Sworn and Subscribed to before
me this $`~ day of
~dyccN~w lea / A . D .
~~Prothonotary T~
So Answers:
~~~
R. Thomas Kline
11/02/2001
KNOX MCLAUGHLIN GORNALL SENNET
By ; \~l '}~ B
Deputy Sheriff
SHERIFF'S RETURN - NOT FOUND
r
CASE NO: 2001-04985 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PARSONS FLOYD C ET AL
VS
BANZHOFF CORDON K MD ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
BANZHOFF CORDON K MD
unable to locate Him in his bailiwick
NOTICE OF DEFT RIGHTS ,
but was
He therefore returns the
NOT FOUND as to
the within named DEFENDANT BANZHOFF CORDON K MD
PER NEIGHBOR, HE WENT TO FLORIDA FOR THE WINTER
WILL BE BACK IN MAY. NO FORWARDING ADDRESS
Sheriff's Costs:
Docketing 18.00
Service 9.75
Affidavit .00
Surcharge 10.00
nn
J/•/J
So an/sw~r ____
~~
R. Thomas Kline
Sheriff of Cumberland County
KNOX MCLAUGHLIN GORNALL SENNET
11/02/2001
Sworn and subscribed t~ before me
this b ~ day of ~~,,~
o'4rt9/ A.D.
~o~r~
,~ ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FLOYD C. PARSONS AND
MARCIA L. PARSONS,
Plaintiffs,
v. No. 01-4985
GORDON K. BANZHOFF, M.D.
AND GORDON K. BANZHOFF, JR
Defendants
PRAECIPE TO ENTER APPEARANCE AND
PARTIALLY SATISFY JUDGMENT
TO: PROTHONOTARY
I hereby enter m,y appearance as.co-counsel of record on behalf of Plaintiffs
Floyd C. Parsons and Marcia L. Parsons.
Please mark the above-captioned judgment settled and satisfied as against
Defendant Gordon K. Banzhoff, M.D. ONLY, and the matter discontinued against him.,
This praecipe in no way serves as satisfaction or compromise of the obligation of
Gordon K. Banzhoff, Jr.
Respectfully submitted,
P.C.
Dated: g -2~d3-
sz~sz.i
PA-T.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: (717) 234-4121
Facsimile: (717) 232-6802
Attorneys for Plaintiffs
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