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Home My WebLink About01-06188 MID PENN BANK, Plaintiff Ys. GORDON K. BANZHOFF, JR. and KIMBERLY S. BANZHOFF, husband and wife, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6188 CIYIL TERM CIYIL ACTION - LAW Kindly mark the judgement in the matter above-captioned satisfied. DATED: February~, 2003 :'~,,(,-:-" ' ',- (";_'i:,_?~;'_"'';"'::'~'_",__:;-:~;,' "'-/",,>f-1'.'-"';'?--':" ". ""t- ~;-. 5" ~:I:~ .,''-''_''\';_''''-_'.' ,."". ~ Christian S. Daghir, 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Plaintiff ~'"-~ '=<'-.,,,,__.;;. ,~, _, ,',_, .of" i I I i ~ :!I . .-" ---,~, '" _"r''''_ ',-,1-., ,-. '-'~'~",--- ~ .., --.",-~ '-k"""",,_,_,"_. "'~_" "_='''''''__''~_ ~ ~-M-" _~.~_ o s:; -0 ~~j S2~{ ;::::,L__ ~\_, ~~; '::.~ -.( rSJ 8/v 0"0 "__~~_~f.~~.,,l~~U-~Jll!!~Uf1.;. ,L-- , .~~ ::'!) cr-' :::'() , ~ ',:~.o) -::::[T1 ~'-' CO ~q '"'4.- --.- ,,)'>~H~)- ,~' ,,,_.,,-,~ -~; 'l_ 't,_; " .... '. MID PENN BANK Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- te.lff' ClU~l y~ Vs. GORDON K. BANZHOFF, JR KIMBERLY S. BANZHOFF; husband and wife, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT AND NOW, this J3d day of O~-6loer ,2001, Christian S. Daghir; Attorney for Plaintiff, pursuant to the warrant of attorney in the Promissory Note, the original or a copy of which is attached to the Complaint in Confession of Judgment, does hereby appear for and confess judgment in favor of the Plaintiff and against Defendants, Gordon K. Banzhoff, JI. and Kimberly S. Banzhoff, as a result ofthe default as alleged in the Complaint as follows: Balance of principal as of October 8,200 I $48,951.94 Interest on unpaid balance at 11.00% per annum from August 7,2001 to October 8, 2001 927,58 Late fees and charges 953.82 Attorney collection fee 5.083.33 TOTAL 55,916.67 Judgment in the amount of$55,916,67 entered as above~ 2001. (L:h~ 'R. J) .:::J?r\ Prothonotary ~ G:IWP\DOC\CIV.FIBIMPB-Banzhoff_J.wpd l'~"_ '--~-'-"'?_~--"';"-';">:"~'-'" ,,~~, ':_""" , -'"'--"'-""'__, 1'-0'>,,:-,_2""1" ,,-,,-__ ~__,,_o~,_~_"_, "," , _" " ~ ,C ," ~ XL f1' -..'; ;, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MID PENN BANK Vs. GORDON K. BANZHOFF, JR. KIMBERLY S. BANZHOFF; husband and wife, NO. 01- Defendants : CIVIL ACTION - LAW COMPLAINT IN CONFESSION OF JUDGMENT 1. The Plaintiff, Mid Penn Bank, is a financial institution organized and existing under the laws of the Commonwealth of Pennsylvania with offices located at 349 Union Street, Millersburg, Dauphin County, Pennsylvania. 2. The allegations contained in the preceding paragraph one (1) are incorporated herein as if set forth in full. 3. Defendant, Gordon K. Banzhoff, Jr. is an adult individual residing at 245 25th Street, Camp Hill, Cumberland County, PA 17011. 4. Defendant, Kimberly S. Banzhoff, is an adult individual residing at 632 Devon Road, Camp Hill, Cumberland County, Pennsylvania 17011. 5. On or about April 1, 1993, Plaintiffmade a loan to GordonK. Banzhoff, Jr. t/a225 Associates, in the principal amount of $75,616.36, (hereinafter referred to as the "Loan"), as evidenced by that certain Term N ote (the "Note"), a true and correct copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. The Note contains a confession of judgment provision that allows plaintiff to enter judgment against Gordon K. Banzhoff, Jr. after default on the Note without advance notice or an opportunity to defend against the entry of judgment. 7. On or about April 13, 1993, as security for the Note, Defendants executed and delivered a mortgage to Plaintiff in an arnount equal to the Note and all sums due thereunder upon G:IWP\DOc\CIV.FLRIMPB-:BIIrnhoff_l.wpd ',""~j~.l.><;)-"'!l"" "_","'__ .".,~<,,~.'" ,>;--, '.' - . -'r ", ' ,"., 'I" ,- __""~ '", ,,-,,~^, -'- ' . ,t " ~ :! certainreal property located at 632 Devon Road, in the Borough of Camp Hill, Cumberland County, pennsylvania, for the purpose of securing the payment of the Note and the performance and observance of the terms, conditions and covenants of the Note (hereinafter referred to as the "Mortgage (I)" ). A true and correct copy of the Mortgage (I) is attached hereto as Exhibit "B" and is incorporated herein by reference. 8. The Mortgage (I) contains a confession of judgment provision that allows Plaintiff to enter judgment against Defendants after default of the Note without advanced notice or an opportunity to defend against the entry of judgment. 9. Defendants are in default of the Note as a result of, inter alia, GordonK. Banzhoff, Jr. ' s failure to make payments on the Note when due. 10. The last payment made by Gordon K. Banzhoff, Jr. was on or about August 10, 2001 in the amount of $2,722.62. 11. All notice requirements have been fulfilled and the Note and the Mortgage (I) have been accelerated. 12. Pursuant to the terms of the Note, Defendants, Gordon K. Banzhoff, Jr. and Kimberly S. Banzhoff, are liable to Plaintiff for the entire indebtedness including, (a) all principal, (b) all interest, ( c) all late charges, (d) al110an fees and loan charges, and ( e) all collection costs and expenses relating to the Note or to any collateral for the Note which include without limitation a 10% attorneys' commission. 13. On October 8,2001, the Loan was 85 days past due and the past due amount owed was $2,167.86. 14. The entire principal, interest late charges and fees of the Note is now due and payable in full together with attorneys' fee and costs of suit. G:\WP\DOC\CIV.FLElMPB-Bllnzhofl'-l.wpd -n,'~"f"R:;V~_", _>r" .-.,._~.__' ,<,,"_,_. '"_~", "-"_=:', - I,' ,'-"',~._,,__, 1,'_,,_,,~" "" _ .'" ,,_.. " '7_'o_,~'-:>.' .1 ' - ~ ~ _ U J_ " ,I ., 15. The following is the computation of the balance of principal and interest due Plaintiff by Defendants, Gordon K Banzhoff, k and Kimberly S. Banzhoff: Balance of principal as of October 8,2001 $48,95L94 Interest on unpaid balance at 11.00% per annum from August 7, 2001 to October 8, 2001 927.58 Late charges and fees 95H2 Attorney Collection Fee 5.083.33 TOTAL $55,916.67 16. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 17. The Note and the Mortgage (1) has not been assigned, and Plaintiff is the holder of the Note and Mortgage (1). 18. Judgment has not been entered against Defendants in any jurisdiction for their failure to make the required payments on the Note and Mortgage (I). WHEREFORE, Plaintiff demands judgment against Defendants, Gordon K Banzhoff, Jr. and Kimberly S. Banzhoff, in the sum of$55,916.67 plus interest until paid in full at the rate of 11.00% per annum together with attorneys' fee and all appropriate costs of suit. Dated: October J0 ,2001 Mu; I Christian S. Daghir, Esqu" Supreme Court ID#477 105 North Front Street Harrisburg, P A 17101 (717) 234-5600 G:\WPlDOClcrv.l'lJilMPB-Banzhoff-l.wpd e:, , '!(~~~:r~ , '---__","'x;;:o"',,"c '-0,_-,',-" j-"-":"--- , 0_ ~---i-' - '-'d<" -; '"~~-_=!'- > ,,,,'~> , . . r"'''-'--~n]~' - ,'- ,\ . CERTIFICATION I hereby certify that the precise address of Plaintiff is 349 Union Street, Millersburg, P A 17061. I further certify that the last known address of the Defendants are: Kimberly S. Banzhoff 632 Devon Road Camp Hill, PA 17011 Gordon K. Banzhoff, JI. 245 25th Street Camp Hill, PA 17011 I further certify that the underlying transaction, as evidenced in part by the exhibits attached to the Complaint in Confession of Judgment is a commercial transaction. Dated: Ddo"'er.J.3, 2001 Christian S. Daghi squire Supreme Court ill 47741 105 North Front Street Harrisburg, P A 17101 Attorney for Plaintiff G:\WPlDOC\crv.FIJJIMPB.Banzhoft'-l.W)ld '.;;~~ >~" ,"J"~l'1""..,,,., "'-f'-,_~; - - ",,..~ c,: "<~.~__ _~__ ,- T ',"-, _ ,~ I"''' -- ,,' , ',_.'" -- ."n_ff, -'C'. ,r",'-' '^;'-'''''-'' -"....-;-'\----,.,..~--..-< -. "".. ' " "'~niTTllii 007-17-2001 WED 10:38 ~~ ~:D ?E~N 2~NK 1.)/1"/:881 94: 39 71 i2345E19 FA~: NO, I m5921861 p, 01 PAGE le ETZWE:LER & 45SCC. .' , I verify that the statements mad.! in this Comp1~iIlt are true and corre<:!- I understalld that false state=t5 herein are made subj ~ct to the penaItil~ of 1 g Pa. C,S.A. S4904 relating to unsworn falsifi~tion to authorities, Dated: OCTOBER 17, 2001 SR. nCE,.PREEIDENT. COIIllIImcia.l Loan Mid Penn B3Ilk . ro~y,n~""", "t':~"'""''''''',~ 1'_~ ,P _ .,,~,_,,"..", , , '" J -,~- , ~, ,",," .. : ~ -,-" .:: . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MID PENN BANK Vs. GORDON K. BANZHOFF, JR. KIMBERLY S. BANZHOFF; NO. 01- Defendants CIVIL ACTION - LAW AFFIDA YIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN Christian S. Daghir, Esquire, being duly sworn according to law deposed and says that he makes this affidavit on behalf of the within Plaintiff, being authorized so to do, and that he avers that defendants are not in the military or naval service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. Respectfully Submitted, ETZWEILER AND ASSOCIATES By: Christian . Daghir, Esq. Sup. Ct. I.D. No. 477 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 :Y , , Sworn and Subscribed to before me this c23rddayof 8c.f,JJ,f'r, 2001. ?;~W1 ;1-. .-li~ Notary Public G:\WPlDOC\ClV. Notallal Seal Karen L. Paul, Notary Public Harrisburg, Dauphin County 1'.l1'$emlnlssIOn Expires May 13, 2004 ,<l:r.I;!ii_'{~!W__ ~. ~-~ --''',~---, ,-_f;~,"_'"~" ">--~...~,,,,, " _<, j~' -,-,-~'~_" ,~, '''I .~~ _" ',,- 2-;'-?, """.~ --"""" ,"" '-~r -, ,,- ,-~" -~"',,' -. ,'." " ~- I" . ,:.. ~.. .'-" ..,,' ,,_.... 1.....,1 .......,:. ,,,. .,1." ,J" \.-0.(..--::,-, ~. <, .....:... J ( TERM NOTE ($75,616.36) A-pn I ..1-: 1'1"13 FOR VALUE RECEIVED, t~de~'S"i-qned..~ GOR=BAlT!ZKcii>Ti-SR~ GOR'DON It. !I1o)l'liUIOI'!', JR., ~1:1-lIlllT.r"\,. E. . ,,-..... #; ........:-~!'.-/ TlUlJ)J:JlG AS 225 ASSOCn~I~D, -a- i"e.msqr~ '1t-._~:lZ"_~J::S~ promises to pay to the. order of MID p2!lJlt DAm ("Lender") the principal sum of Seven1;:y-Five Thousand Six Hundl:'ed sixteen and 36/100ths ($75,616.36), together with interest thereon at the rate of eight percent (8.00%) per annum, based on a year of 360 days (lIcontractual RateU), from the date hereof. For the period frOIn the date hereof (IIBeginninq Datel'), the undersigned shall pay equal monthly installments of principal a;nd interest in the amount af $722.62. All such payments of principal and interest shall C01\UI~nce on May 1, 1993 and continue on the first (1st) day of each month thereafter through to and including April l, 2008, if not Sl;)oner paid. 1. Late Charaes. If the Undersigned, Or anyone of them, fails to make any payme.nt of principal or interest due and owing hereunder within fifteen (15) days of the due date, an additional late oharqe at' fo1.U' pe;n;lent (4%) per month of the amount of such payment or pay:rnents shall be iI11lllediately due and payable. 2. Default Rate. After maturity, whether 1:Iy aoceleration or otherwise, interest shall accrue at a rate of three percent (3%) per annUlll a1:l0ve the COI1.tractual rate ("Pefault Rate") until all sums due hereunder are paid in full. Interest shall continue to accrue after entry of jl.tdgment at the Default Rate to all sums due hereuncler until the jUd'gment is paid. 3. Time of the E!,ISence. The prompt and faithful performance of all obligations of the Undersigned's, or anyone of them, hereunder, including, hut not limited to, time of payment, is of the essence of this Note. 4. Lender's Recprds. So long as Lender is the holder hereof, Lender' 50 books 1;md recordS shall be presUlIled, except in the case of manifest error, to accurately evidence at all times all amounts outstanding und'sr this Note and the date and amount of eacb advance and payment made hereto. At the request of Undersigned, but not more than once in any calendar year, Lender shall provide the Undersigned with evidence of its records of this Note in the form of an account hist;ory or similar report. Exhibit "A" ,[',,-",t'~~m; ~ _~, <~H" f" '~ ~-- ~'~, ,," -~'~- ,..- . _ ..1, ,,~../ ,,.., :l, ....,,,.u I ",0L.,-,-,. (, V.,J . .,.. ...... .l r 5. EVents of Oefa/~lt. Anyone of the following occurrences shall constitute an Ewent of Default pursuant to this Note (collectively referred t,) hereinaft.er as the "Events of Default") : (A) (S) (e) (D) (E) (F) ,-CC\""~~!WIll..,.,, The failure t.O pay any installments Of principal or interest or any other sums due hereunder tor a period of thirt.y (30) d<IYs after the date due; The failure to perform any other term, condition or covenant here\mder, whieh failure remains uneured thirt.y (30) days aftE"r written notice of same from Lender; The issuance of a writ or warrant of attaohment, garniShment, exeoution, distraint or similar prooess against Under~ligned, or anyone of them, which shall have remained undieicharged and unstayed for a period of twenty (20) consecutive days; The filing, e:i.ther voluntarily or involuntarily, or any proceeding o:e bankruptcy at' for reorganization of UnderSigned, C:lr &ny one of them, or for the readjustment of any of thej"r debts under the United states Bankruptcy Code, as amencl.ed, or any part thereof, or under any other laws, whether state or federal for t.he relief of debtors, no~ or hereinafter ex!s~in~ and which proceeding shall not be dischaJ~ged or stayed within sixty (60) days from the date of tl\eir commencement; The appointment of a receiver or trustee for Undersigned, or anyone (:.f them, of any substantial part of its assets, and such rece! ver or trustee shall not be discbarged within sixty (60) days of his or her appointment Cl'r proceeding to dismiss such receiver or trustee are 1'l.ot instit.uted within thirty (30) days; and A default und.er the ter1lls of the Mortgage dated 01: even date hereof, by and between Gordon K. Banzhoff and Mary L. Banzhoff ;,md Lender (Mortgage "A") or the Mortgage dated of eve,n date hereof, by and between Gordon K. Banzhoff, Jr ,. and Lender (Mortgage "B"), inclUding but not liMited .to, Gordon K. Banzhofi', Jr.'s failure to cause Mortgal;re "B" to be in a first lien priority position on the real prope.rty secured by Mortgage ":a", on or before Ma~r 31, 1995. 2 ~~~~ ."" "T"~ ~ . ,,' ., ~. '''''--"';----'- Jo r 6. Ricrhts and ReI!ledies of Lender Uoon Defau~t. Upon tl1e occurrenoe of any Event of Default l1ereunder, all aJ1lounts due under this No~e, including the unpaid balance Qf principal and interest hereof, shall become imm.ediately due and payable at the option of Lender without any demand or no-cice whatsoever and Lender may immediately thereafter ,..xercise anyone or more of the remedies available to Lender uncl.er any applicable law or in equity and ins-citute such legal. equitable or other proceedings in the name of the Undersigned, or anyone of them, or Lender as Lender deems appropriate. In the event Lender, in exercising any :l:'ights and remed.ies upon tl1e occur:t:'enoe of any Event of Default, makes any disbursements 0:1:' inc1ll's any costs therefor, the amount of such costs shall be added to the prinoipal aJ1lount of the Note, and collected as part of thJ,5 Note. If an Event of Def.ault shall occur, the delay or failure of Lender to promptly eXli,rcise its rights to declare this Note i1llli\ediately due and paya.ble or to e~ercise any rights and remedies upon the OC01ll'rence of 1m Event of Default, shall not affeot such rights and remedies, n,:)r shall any single or partial exercise constitute a waiver of such rights and remedies with respect to such Event of Default Ol: any future Event Of Default. Any waiver or release of anyone Event of Default by Lend.er shall not be construed as continuing as a bar to, or as a waiver or release of, any subaequent ri']hts, :r:emedies, or recourse as to subsequent or other Events of Pafaul t. Any ri']hts or remedies of Lender may be asaerted concu=ently, 1:)UIDulatively or suocessively, f:l:'01ll tillle to time so long as the Uno;eraiqned, or anyone of them, is indebted under this Note. 7. PrepaVlllent. ~~his Note may be prepaid in full or in part without premium or penal.ty, with all such prepayments being applied in inverse order of maturity. S. PaVlllents. Pa:\I'IIIents of principal and interest are to be made payable to Mid perm Bank, at 349 Union stree-c, Millersburg. Pennsylvania 17061, O~ at such place as Lender ~ay designate in writing, in lawful mon'iiY of the unitecl. states of America and in illllllediately available f.unqs. 9. Governina La'!!. This Note shall be governed by and construe4 in accordancJe with the laws of the COllllllonweal th of pennsylvania. 10. Waiver. Tbe undersigned, or anyone of them, bereby waives diligenoe, deml'lnd, presentment, notiCe o:t' nonpayment, protest and all other demands and notices in connection with the delivery, acceptance, tlerformance, default or enforcement of this Note. 3 >j!~_:""",~~!lf, - .'" ~~ ~~'"<- , ,. ~ -~ , F>' ~ p~ ,~v'-~,-~~ . .' .. r 11. Attornevs' Fe~2. In the event that this Note is ~laced in the h<mds of an attorney at law for e011ectioo after matur1.ty or upon the oeeUl."t'ence of an Event of Default, or to enforce any of the rights, remedies or requirements of Lender under this Note, including any actions; or proceedings in bankruptcy, the Undersigned, or any ont!~ of them, agrees to pay all costs and expenses incurred by Lender, including, but not limited to, all attorneys' fees and 005.I:s, regardless of whether the maturity of this Note has been acceJ.erated or any other action instituted. 12. Amendment. 'I'bis Note may not be amended, modified or changed, nor shall any 'ilaiver of any of the provisions hereof be effective, except only hy an instrl.Ullent in writing, signed by the parties against whom enforcement, any waiver, amendment, change, modification or dischar';Je is sought. 13. Headincrs. Thf,' sectional headings oontained int.his Note are for reference purpos;es only and shall not control or affect its oonstrtlction or interpt'latation in any respect. 14. Soaverabilitv. Any provisions of this Note which are held to be prohibited or uOlanforceable in any jurisdiction, shall be ineffective to the elCte:rlt of such prohibition or unenforceability without invalidating th,e remaining provisions hereof or affecting the validity or enforc,eability of such provisions in any other jurisdiction. 15. CONFESSION 01" ~ENT. UPON AN EVENT OF DEFAULT, THE UNDERSIGNED, OR ANY ONlil OF THEN, HEREBY IRREVOCABLY EMPOWERS ANY A'I'TORNEY OF ANY COURT .Ol!' RECORD wITHIN THE UNITED S'I'ATES OF AMERICA OR ELSEWHERE TO APPEAR FOR UNDERSIGNEO, OR ANY ONE OF THEM, AND, WI'I'H OR WITHOUT COMPlAIN'I' FILED, CONFESS JUJ)GMENT AGAINST UNDERSIGNED, OR ANY aNi: or THEM, IN FAVOR OF ANY HOLOER HEREOF AS OF ANY TERM, FOR THE. tlNPAID BALANCE OF THE PRINCIPAL DEB'l', ADDITIONAL LoANS AND AOVANCES AND ALL O'l'HER SUMS PAID BY HOLDER TO OR ON BE:aALF OF UNDERS:]~GNED, OR ANY ONE OF THEM, PURSUANT TO THE TERMS OF THIS NOTE, 'l'OGETaER WITH UNP.l\.:ro IN'l'EREST THEREON, COSTS OF SUIT AND AN ATTORNEysr COMMISSION OF TEN PERCENT (10%) OF ALL AMOUNTS DUE OR $1,500./l0, WHICHEVER IS GREATER. THE UNDERSIGNED, OR ANY ONE OF THEM, HEHE'BY FoREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS, 1o<:AIVES THE STAY OF EXECU'l'ION, THE RIGHT OF INQUISITION AND EXTENS:WN OF TIME OF I'A'lMEN'l'. NO SINGLE EXERCISE OF THE FOREGOING POWEH TO CONFESS THE JUDGMENT OR A SERIES OF JUDGMENTS SHALL BE' DEEMED TO EXHAUST THE POWER OF WHETHER OR NOT ANY SUCH EXERCISE SH.AL:I. BE HELD BY ANY COURT UNDIMINISHED, AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS 'I'HE HOLDER HEREOF SHALL ELECT UNTIL SUCH TIME AS THE HOLDER SHALL HAVE RECEIVED ?AYMENT IN FULL OF ~:'HE PRINCIPAL DEBT, ADDITIONAL LOANS AND ADVANCES, SUMS PAID, :n.TEREST AND COSTS. 4 ^:>""N"",r'Ii!~~ . , , 1-"' ~~ ." ~-<~+ ,... -....' u~_' . _.llJ -,,-'JJ;. ,.", "v, j... .........:..-::U". " "",-,' " , IT IS HEREBY ACKNO:WLEDGED THAT THE CONFESSION OF JUDGMENT P~oVISION HEREIN CONTAI~ED WHICH AFFECTS CERTAIN LEGAL RIGHTS OF UNDERSIGNED, OR ANY ONE OF THEM, HAS BEEN READ, UNDERSTOOD AND VOLUNTARILY AGREED '1'0 BY THEM. 16. WAIVE~ OF TRt}JL BY JURY. IN RECOGNITION OF THE HIGHER COST AND DELAY WHICH MAY ~SUL'l' FROM A JURY T~IAL, THE UNDERSIGNED HERETO WAIVE ANY RIGHT '1'0 TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTIOl~ (1.) ARISING HEREUNDER, O~ (2) IN ANY WAY CONNECTI!:O WITH OR RELA'l'ED OR INCID:ENTAL TO THE DEALINGS OF THE UNDERSIGNED, OR ANY ONE OF THEM, AND f.,ENDER WITH RESPECT H!RE'1'O, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT Of[ TORT OR OTHERWISE; AND THE UNDERSIGNED HEREBY AGREE AND CONSEN'r THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECJ:PED BY COURT TRIAL WITHOUT A JURY, AND 'l'HAT LENDER MAY FILE 1JoM ORIGINAL COUNTERPART OR COpy OF THIS SECTION WITH ANY COURT .1\8 WRITTEN EV:J:DENCE OF THE CONSENT OF '!'HE UNDERSIGNED TO THE WAIVl!:R OF THEIR RIGHT TO TRIAL BY J'URY. WITNESS, the due ~!ecution hereof on the day and year first above written. WITNESS: J 225 ASSOCIA!rES, a pelUlsylvania Genual. partnership BY: 50 c JrJiL 5 ,,,,;,,-~,!jW'fl"I!']:'~'Ii.. ." ,,_~ <",.",o~~ _ '" ~ " .~ v'" :...."'". ".~ ;..0'-::'-' ,-.,. .1..'-' i ....old .l..,-,llh . WITHES. C Pdt WITNESS: _ yI ~ bt-,~ "'''''''"9~__~ ~,~ ~ "~-- ~ ~. <~-~' 'I ~ "-:,, .,\.." ,~I vCc:..""'l'-'~ ~ j, V I , ~ft-".:11!~ J F. HAND J~l',..~ 6 '0' ~~" 'l"~ " ~~, ~ _~~_ .il.. ~w,.,..... .." ,,~.... j ..... III ...i:', H~ I,',i', .LV' i ~ ,,-,vL.C,,,. f, uC' J , ACENOWLllDmmll'l' STATE OF PLoft l'b. A . } l S5: COUNTY OF fl.1n t1I1-CI ~ ._ ) On this date, pefore me a Notary Public, personally appeared Hasbrouck S. Wright kno~m to me or satisfactorily proven to be the person whose name is sUblilcribed to this instrwnent and acknowledged that he executed the sa~l,e. If this person's name is subscribed in a representative capacit:y, it is for the principal named and in the capacity indicated. BY ~Ib"';I..1t k ~. Wfl/&-t..J r WHO. IS PERSONALLY KNOWN TO ME. ~J J1~J7:~ NOTARY PU LIe - '3 "30 f 3 My Commission Expires: :--1 CIlElIYl.llIMER llV lillMMiSllIINI CC 1_ , ......,'IIlnJ~_._'1 10 '--",-.{~!f~-"" .---- f -. 1 ,~ -1 '-v '-'-'~. . d. .....L..-. -:..... ,.~-' ,_. [OJ .....-.,J.. . STATE OF PENNSYLVANIA: : 5S: COUNTY OF DAUPHIN . . .lV. I ~ '.....VL'"::U..... .' ACKNOWLEDGEMEN'l' On this 1st dclY of April, 1993, before me, a Notary Publ ic, the undersigner!. officer, personally appeared Gordon K. Banzhoff, sr., Gordon K. Banzhoff, Jr. and Jonathan F. Hand, known to me or sati5fac::torily proven to be the per:;:ons whose names are subscribed to this instrument, that they are the general partners of 22!:; Associates, a Pennsylvania general partnership, and ackno,;rledqed that they executed the same for the purposes contained therein. ~~\>... .~.~ Notary Public My Commis5ion Expires: NoIalialSeal J LlsaR. Rowe, NotalY~.Jty \.aNOr-~ '. .: Myeom"""","~~12. ,:193 '-;,~~-,,,.,----,,,,,--,-, "-~ ~.~ --I !'r j. ",0 " .. . ,~ I j'.J ROSEr.T P. ZltGLER RECORDER OF DEEDS CUI~BEP,U.lJD COUNTY-PA MORTGAGE AND SECURITY AGREEME~93 flPR 20 Prl12 05 THIS MORTGAGE AND SECURITY AGREEMENT ("Mortgage") is made this \3#\ day of A--p,;i , 1993, between GORDON It. BANZHOFF, JR. AND ItIMBERLf S. BANZHOFF, individuals residing at 632 Devon Road, Camp Hill, Pennsylvania 17011 (collectively referred to as "Mortgagors") and MID PENN BANK having offices at 349 Union Street, Millersburg, Pennsylvania 17061 (hereinafter called "Mortgagee"). WIT N E SSE T H: WHEREAS, Mortgagor Gordon K. Banzhoff, Jr., Gordon K. Banzhof!, Sr., Jonathan F. Hand and HasbrouckS. Wright, trading as 225 Associates, a Pennsylvania general partnership have e~ecuted and delivered to Lender a certain Term Note, dated March 30; 1993, in the original principal amount of $75,616.36 ("Term Note"); and WHEREAS, as security for the Term Note, Mortgagors hereby execute and deliver to Mortgagee a certain Mortgage in an amount equal to the Term Note and all sums due thereunder, upon certain real property located in the Borough of Camp Hill, Cumberland County, Pennsylvania. NOW, THEREFORE, for the purpose of securing the payment of the Term Note and the performance and observance of the terms, conditions and covenants of the Term Note, this Mortgage and any agreements, documents or instruments executed in connection therewith (hereinafter collectively referred to as the "Obligations") and intending to be legally bound hereby, Mortgagors do herebY grant, bargain, sell, pledge, convey and mortgage unto Mortgagee, its successors and assigns, all that certain tract of land situate in Cumberland County, Pennsylvania, and more particularly described in Exhibit "A", attached hereto and made a part hereof ("Land"); TOGETHER WITH ALL AND SINGULAR the fixtures, buildings and improvements, streets, lanes, alleys, passages, way, waters, water courses, rights, liberties, privileges, heredi taments and appurtenances whatsoever thereunto belonging, or in any way appertaining, and the revisions and remainders, rents, issues and profits thereof (hereinafter collectively referred to together with the Land as the "Mortgaged Premises"); TO HAVE AND TO HOLD the same unto the said Mortgagee, its successors or assigns, FOREVER. PROVIDED, HOWEVER, that upon satisfaction in full of the Obligations and Mortgagors' obligations herein to Mortgagee, then this Mortgage and the estate hereby granted shall be discharged. Exhibit "B" bOO~ 1128 pm Un ..j~~Jf(I!-_1iilU, ''''" , _' , 1 ,. -~" "'- ","" ,> . l _,. ,,' , MORTGAGORS represent, warrant, covenant and agree that: FIRST: Mortgagors will payor cause to be paid to Mortgagee the Term Note secured hereby as and when due and will fully and faithfully comply with all of its other obligations and will keep and perform all the covenants and agreements contained in the Term Note and this Mortgage, in the manner and form as therein and herein set out. SECOND: Mortgagors agree not to transfer title to the Mortgaged Premises unless Mortgagee consents in writing prior to such transfer" THIRD: Mortgagors specially warrant title to the Mortgaged Premises. Mortgagors further warrant that the Mortgaged Premises is held and shall continue to be held free and clear of all liens, claims and encumbrances, except said Mortgage dated l"l.rJ, I,"''granted to John E. MDOr" -I- 'TNr,,_.J. N..r", ("First Mortgage"), as set forth in a certificate of title of wix, Wenger & Weidner, dated ~~I , 1993. FOURTH: Mortgagors agree to cause said First Mortgage to be paid in full and satisfied of record on or before May 3, 1995. FIFTH: Mortgagors will payor cause to be paid when due all taxes, assessments, levies, impositions and other charges on or against the Mortgaged Premises. If Mortgagors fail to do so, Mortgagee at its sole option may elect to pay such taxes, assessments, levies, impositions or other charges. Upon request by Mortgagee, Mortgagors shall provide to Mortgagee, in a form and substance satisfactory to Mortgagee, evidence of payment of all such taxes, assessments, levies, impositions or other charges. SIXTH: Mortgagors shall keep or cause to be kept the Mortgaged Premises in good repair, excepting only reasonable wear and tear. Mortgagor will permit Mortgagee's authorized representatives to enter upon the Mortgaged Premises at any reasonable time for the purpose of inspecting the condition of the Mortgaged Premises and conducting any appraisals or environmental audits. Mortgagors will not permit removal or demolition of improvements now or hereafter erected on the Mortgaged Premises without the prior written consent of Mortgagee, nor will Mortgagors permit waste of the Mortgaged Premises or alteration of improvements now or hereafter erected on the Mortgaged Premises which would materially and adversely affect its market value as determined by Mortgagee, in its reasonable discretion. 2 Mod128 PAGE 14-1 ",~~-\'"","'i"'._<1'<,,_ ~ , .,' ' ^ ~ " ,.. ., , SEVENTH: : Mortgagors shall keep or cause to be kept the Mortgaged Premises insured against such hazard and casualty and in such amounts as Mortgagee shall so require from time to time, but under no circumstances shall such insurance be for an amount less than the replacement value of the Mortgaged Premises. All such policies of insurance shall prohibit termination without thirty (30) days prior written notice to Mortgagee and shall identify Mortgagee as a loss payee under a standard mortgagee/loss payee clause. If Mortgagors fail to obtain and keep in force any required insurance or fail to pay the premiums on such insurance, Mortgagee at its sole option may elect to do so. In the event of loss, Mortgagors shall give prompt notice to the insurer and Mortgagee. Mortgagee at its option may elect to make proof of loss if Mortgagors do not do so promptly, and to take any action it deems necessary to preserve Mortgagors' or Mortgagee's rights under any insurance policy. Subject to the requirements of any prior mortgagee, insurance proceeds shall be applied to the restoration or repair of the Mortgaged Premises or, if Mortgagors are in default hereunder, to reduction of the Obligations secured hereby, at the option of Mortgagee, in its sole discretion. EIGHTH: Mortgagors hereby agree to repay or cause to be repaid to Mortgagee on demand all sums which Mortgagee has paid at its sole option under Paragraphs Fourth and Sixth, with interest thereon at the contractual rate then due on said Term Note; and all sums, together with interest thereon, until repaid to Mortgagee, shall be part of the Obligations and be secured hereby. NINTH: Subject to the rights of any prior mortgagee, Mortgagors hereby assign to Mortgagee all proceeds up to an aggregate of $42,900.00 of any award in connection with any condemnation or other taking of the property or any part thereof, or payment for conveyance in lieu of condemnation. TENTH: In the event of any breach of warranty, covenant, condition or agreement of this Mortgage which is not cured within thirty (30) days after written notice from Mortgagee, or in the event that any representation or warranty contained herein proves to be false, inaccurate or misleading at the time it was made, or upon the filing by Mortgagors, or either one of them, of any proceeding in bankruptcy, ei ther voluntarily or involuntarily, under the united States Bankruptcy Code, as amended, or under any other laws, whether state or federal for the relief of debtors, now or hereinafter existing and which proceeding shall not be discharged or stayed within sixty (60) days from the date of their 3 iiOUK 1128 PAGE 1A2 '--'!i1j),:, ., ,c ,~ c~ ~_ T ~~, '--c ~,~ =.~~.'- T'P ::1 i; '" I ',j ! c' ,'; :11 ;-i ii1 .:i I j j ,! ;) 'o'i%~;~.: ~_ , ~ . ,.. , ,. commencement, or upon the occurrence of an Event of Default under the Term Note (hereinafter collectively referred to as an "Event of Default"), Mortgagee may, in addition to exercising any rights which Mortgagee may have under the applicable law, the Note or this Mortgage, foreclose upon the Mortgaged Premises by appropriate legal proceedings and sell the Mortgaged Premises for the collection of the Obligations secured hereby, together with costs of suit and a reasonable attorneys' commission. Mortgagors hereby forever waive and release all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agree to condemnation of any property levied upon by virtue of any such extension, and waive all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. ELEVENTH: In the event of an occurrence of an Event of Default hereunder, Mortgagors hereby authorize and empower the clerk of any court or any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere as attorney for the Mortgagors, or against all persons claiming under or through the Mortgagors to appear for and confess judgment against the Mortgagors, for recovery by Mortgagee of possession of the same, without any stay of execution, for which this Mortgage or a copy thereof verified by affidavit shall be sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Mortgagors hereby release the Mortgagee from all errors and defects whatsoever in entering such action in judgment and in causing such writ or writs to be issued and hereby agrees that no writ or error, appeal, petition to open and/or strike judgment or other objection shall be filed or made with respect thereof. If, for any such reason, such action has been commenced and the same shall be discontinued or possession of the Mortgaged Premises which is the subject of this Mortgage shall remain in or be restored to the Mortgagors, Mortgagee shall have the right to the same default or any subsequent default to bring one or more further amicable actions as above-provided to recover possession of the Mortgaged Premises which is subject to this Mortgage. Mortgagee may bring such amicable action in ejectment before or after the institution of foreclosure proceedings upon this Mortgage, or after judgment thereon, or after sale of the Mortgaged Premises which is the subj ect of the Mortgage by the Sheriff. TWELFTH: The rights and remedies of Mortgagee as provided herein or in the Note, relating to any portion of the Obligations secured hereby shall be cumulative and may be pursued singily, concurrently, or successively at Mortgagee's sole discretion, and may be exercised as often as necessary; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same. 4 BooH128 PACE 143 "-<, ."!-- - -~ ,~ r 'j' - ,-,- , . "" .. . , THIRTEENTH: At Mortgagors' sole cost and expense, Mortgagors shall comply in all material respects with all federal, state and local laws, rules, regulations and orders with respect to the discharge, generation, removal, transportation, storage and handling of hazardous or toxic waste or substances; pay immediately when due the cost of removal of any such waste or substances; and keep the Mortgaged Premises free from any lien imposed pursuant to such laws, rules, regulations and orders. In the event Mortgagor fails to do so, Mortgagee may declare the Mortgage to be in default. Mortgagors shall indemnify Mortgagee and hold Mortgagee harmless against all losses, costs, damages and expenses, including without limitation attorneys' fees and costs incurred in the investigation, defense and settlement of claims that Mortgagee may incur as a result of or in connection with the assertion against Mortgagee of any claim relating to the presence or removal of any hazardous waste or substance referred to in this paragraph, or in compliance with any federal, state or local laws, rules, regulations or orders relating thereto. FOURTEENTH: Mortgagors shall not install, or permit to be installed in or on the Mortgaged Premises, asbestos or any other substance containing asbestos and any other substances deemed to be hazardous by federal, state or local laws, rules, regulations or orders respecting such material. with respect to such material currently present in the Mortgaged Premises, Mortgagors shall promptly comply in all material respects with such federal, state or local laws, rules, regulations or orders at Mortgagors' expense. If Mortgagors $hall fail to so comply, Mortgagee may declare the Mortgage to be in default. Mortgagor$ shall indemnify Mortgagee and hold Mortgagee harmless from and against all loss, costs, damage and expense, including without limitation attorneys' fees and costs incurred in the investigation, defense and settlement of claims, that Mortgagee may incur as a result of, or in connection with the assertion against Mortgagee of any claim relating to the presence or removal of any asbestos substance referred to in this paragraph, or in compliance with any federal, state or local laws, rules, regulations or orders relating thereto. FIFTEENTH: Mortgagors hereby grant to and create in favor of Mortgagee a security interest in and to any and all fixtures, as that term is defined in the Uniform commercial Code, as adopted in the Commonwealth of Pennsylvania ("Code"), to the Mortgaged Premises and hereby agrees to execute any and all agreements, documents or instruments which Mortgagee, in its sole discretion, deems necessary to perfect and continue perfection of its interest therein. Upon an Event of Default, Mortgagee shall be entitled to any and all remedies available to a secured creditor under the Code, or as may exist under any applicable law or at equity. Mortgagors shall pay to Mortgagee upon demand all reasonable costs, 5 eoOK 1128 PAGE 144 """'f';OP""~L, ,".,,"-~, -'''". '~,I' . . .-. L, ,. . . . including reasonable attorneys' fees and costs incurred in connection with the perfection and continuance of its interest granted hereunder or to the collection or enforcement thereof, with all such sums to bear interest at the contractual rate under the Note and secured hereby. SIXTEENTH: Any notice required to be given hereby shall be deemed to have been given when mailed by certified mail, return receipt requested to the addresses set forth below unless such other address is hereafter designated in writing by either party: To Mortgagee: Mid Penn Bank 349 Union Street Millersburg, Pennsylvania 17061 ATTENTION: Kim Allen Heim Adjustment Supervisor To Mortgagors: Gordon K. Banzhoff, Jr. and Kimberly S. Banzhoff 632 Devon Road Camp Hill, Pennsylvania 17011 with A Copy To: Steven C. Wilds, Esquire WIX, WENGER & WEIDNER 508 North Second Street P.O. Box 845 Harrisburg, Pennsylvania 17108-0845 SEVENTEENTH: The covenants, conditions and ag~eements contained herein shall bind the successors and ass1gns of Mortgagors, and the rights and privileges contained herein shall inure to the successors of Mortgagee. Mortgagors may not assign, transfer or delegate any of its obligations, duties or liabilities hereunder without the prior written consent of Mortgagee. EIGHTEENTH: This Mortgage shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. If any provision hereof shall for any reason be held invalid or unenforceable, no other provision shall be affected thereby, and this Mortgage shall be construed as if the invalid or unenforceable provision had never been part of it. NINETEENTH: Unless otherwise specifically provided herein or as otherwise provided by the context herein, all terms set forth herein shall have the same meaning as those defined terms as they are used in the Note. 6 MOl<1128 PACE 145 "-""'-'1"!f;"''''-'lt>:'''"__~"." '-~-"" _11~ 't . . . ):, ,,. , .. TWENTIETH: In recognition of the higher costs and delay which may result from a jury trial, the Mortgagors, or anyone of them, hereto waive any right to trial by jury of any claim, demand, action or cause of action (1) arising from the Obligations, or (2) in any way connected with or related or incidental to the dealings of the Mortgagors, or anyone of them, and Mortgagee with respect hereto, in each case whether now existing or hereafter arising, and whether sounding in contract or tort or otherwise; and Mortgagors, or anyone of them, hereby agree and consent that any such claim, demand, action or cause of action shall be decided by court trial without a jury, and that Mortgagee may file an original counterpart or copy of this section with any court as written evidence of the consent of Mortgagors, or any one of them, to the waiver of their right to trial by jury. WITNESS the due execution and sealing hereof the day and year first abov written. ,C JJJ1 ) WITNESS: WITNESS: )!, ff1vL RECEIPT OFA TRUE Copy OF THIS INSTRUMENT, PROVIDED WITHOUT CHARGE, IS HEREBY ACKNOWLEDGED. 7 ~otlt1128 PAGE 146 '"""'-'}"'''"''''''P''!l;.IT'1 , ~- . . ., I " I 1" . , " .. t ... .- . .. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DQ'-'I.~~ \", ) On this, the \~.JC-...day Ofo...V'n\ , 1993, before me, the undersigned officer, a Notary PUblic, personally appeared Gordon K. Banzhoff, Jr. who acknowledged that he has executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~~~'~4 Notary Public ll.\.IHHW', - i'" "''''i~;.''~''i... ,.'. ~ \.l" "''''~.'''',' ...........~'\"#-f.~......:oq:I.I''-~,;. (t;~~~) .. ..,!,JlS\.:.,..' """,,, My commission Expires: Notarial Seal Usa R Rowe, N9l81Y Public Lower Paxton Twp., Dauphin County ~..-1y Oommission EXpirras July 12, 1993 8 iiooK1128 PAGE 147 "',y'f\fI,,,<,,,,,,,,,,. ~___ !','C_ ~= '''Ie , .~ l'~~J .' . .' '" t ,. .. ,""'_J ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF OQ'--"~~,r""\ ) ) ) SS: On this, the \~ day of~ ~~" , 1993, before me, the undersigned officer, a Notary PUblic, personally appeared Kimberly S. Banzhoff, who acknowledged that she has executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~~~~,~ Notary Public -". My COmIn' . NoIaliaI Seal UsaR.Rowe,Notary~ nIY u-r Pax1Dn Twp., Dauphin COlI My Commission E,'lpires July 12, 1993 CERTIFICATION OF RESIDENCE I, ~corr A _ f71f:.1/b,,/ct, A"O~rJN F"oyc ')4 Mid Penn Bank, hereby certify that the precise residence of Mortgagee is 349 Union Street, Millersburg, Pennsylvania 17061. ~ 9 ii1ioK 1128 P^Ot 148 ,.-,,,,,.,--,,,~,-," ,~ '1 ' r ',~- '" ;'."--<'~1 " .' I '" f; ,I( . . '. .. ~ "--l COMMONWEALTH OF PENNSYLVANIA COUNTY OF/~~ ,.. ) ) ) SS: Recorded in the Office of the Recorder of Deeds in and for said county, on the ~() day of rftJu , 1993, in RAl"'".""-EI:- //~r ~~ Book Volume Page / Jf; WITNESS my hand and seal of said office the day and year aforesaid. ~~~ Recorder ...,..-"':-~'\,"~'lii.'l.. ." ".,'''''I'''..",~ "t' .-_~~..c, vJ'.' t, ..,SA."~"'!J'<~;< -'-"-'.-, -, 0 ,-, iif!':'V?!!lj';.~r-"'I""~:,,,,'P'\.+ 1, -,ti"-. ,'l;il;;_~f_*~':~:~'~~>:,~~::~~:~), \ '~f;~''i~~f'-' ~' ~ .' c- I :: ;~~,~Wl~,~,{" - >1~~~'._\[~ f) .lftJ~' ii;-" , (- 1'\1 I ",. . ' '1~t~~r ~';.' H 10 iiOoK 1128 rAot 149 ~ ". ~ ", ' -I' '-,' " ,~ '-'-~"-rko""""'_ . , , . t ~' J! ~""'-: . '. .. .,. ,.Lj. .' . EXHIBIT "A" ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, county of Cumberland and Commonwealth of pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of the circle at the northern end of Devon Road, at the southerly line of lands now or late of Earl W. Eichelberger and Dorothy Eichelberger, his wife; thence southwardly along said circle, by a curve to the left a radius of 50 feet, an arc distance of 44.45 feet to a point; thence along the western line of Devon Road, South 20 degrees, 50 minutes East, 25 feet to a point; thence South 73 degrees, 17 minutes west, along the northern line of Lot No. 18, on the hereinafter mentioned plan, 292.22 feet to a point; thence along lands now or late of Elmer T. schimmel and Marquerita H. Schimmel, his wife, North 28 degrees, 33 minutes west, 190.11 feet to a point; thence by lands now or late or formerly of Earl and Dorothy Eichelberger, South 83 degrees, 50 minutes East, 328.15 feet to the place of BEGINNING. BEING the greater part of Lot No. 17 and a small portion of Lot No. 16 on the Plan of Country Club Heights, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 4, Page 70, as surveyed by D.P. Raffensperger, Registered surveyor, June 5, 1958. HAVING thereon erected a brick and aluminum dwelling known as 632 Devon Road. . .,'c;:~i:':~~"j:'~;;"':". i:....."." o. f,?0~nl!Ylv.ni. } '("","'."':"~,"'.'." 0 " ::: ^ "<, _" ..,f ;: I 55 _'~;;~f~'~4:::1,~:-if;~', ',' ,-'} I, ....." J, ..,umberlend ' "."',,. ..... ..' ,--,_",-"-,,.1;- ~k~ ft' . ,""f_, _~-f--,.~_' ..-,-Ji_,r'~_~'._C) f '.,' .., ,., ",)8 0 100 tor the recording of Deoda ","';:"."i .' .~: '. "'YIJ;:I.l.~,nd f(>~ F,~lbQrllllnd County"P,~" . ",.,' :.',''i\i-',I,':..i,\' ,'.:-:c ; I :":I]_~. 1~_ -y~;!~~ Vot ..:::... P>>ge W ':,-:,~"'::~~1~~f.t:::~~'.~<~~~,. ?," .:1' ~d : ,>.'. . .. .>>., hrTld llnd~' of....... "'. ','.' l.:':';""..:,..,: V ;' I,; . ,_,"_'-.-, ''-'1,:1: _ '~.l U'llfCti ~'--o"~-';..~;-~,;;-';I€I'L,;:,r,:'J, '""'''''~'' ,.,'~ ..,....''''' 01 1 7.:;35,t"I/.' . ......; " --..' ,.r: ,- ,-, 1.1 ,11,";\ .- ~/ ,_ r'>ir~;._~~ "~1;",~"S"~',,,.:' - ..> <<. ," ... 't .... ~ ~ ... ... liood128 P^GE 150 -" , -~ ill ^ , . . ~ ,- <n...... . ,- -"".."111' Tr~ t...t.. If . . . "'. . ... \ " ~ C; N R ~ ~~ if:- -. ~ If; -!:: F .......... "1 0 ,:'::~., ........ "- D ~., (-'- ~ " ~ti,~ ,-:-,-:, j -... ...-\ ..{) -..] r ...".. 1"-~) (j))--' f' -<::/ I...L; ') !U r;: :--~ - , j::;; ::0" r '7lJ ~ fr:::'b PC C, ~ .. ~"'-- -<. :TI -< ~'!!Ill "'j"" ~>"".,[Jji_flJJIlJilllJ;}.-1ft . ,_ _.', ~,_?_~,4~ "t!W>~~~:~~k ~_.".~ f1j]!llI' __,_",___.,,~~W-'I!!"";FA"';'^,"-,lR'l1~""O'''I''', " 0V-li'';;jll;'~~Wg~ , .- --.,~~~ ---~O_"~"~'_tJIT , . JII(!Iil!!I.J. '"j . 1i1 ._ ~l -"-w~"':'m _ 'r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CuMBERLAND) NO r 01-61'88 Civil CIVIL ACTl9N - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK, Plaintiff (s) From GORDON K. BANZHOFF, JR., 245 25TH ST., CAMP HILL, P A 17011 AND KIMIIERL Y S. BANZHOFF, 632 DEVON ROAD, CAMP HILL, P A 17011 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (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) 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 $55,916.67 Interest FROM 10/8/01 TO 6/5/02 - $3,589.80 Atty's Comm % Atty Paid $32.00 Plaintiff Paid Date: JULY 9, 2002 L.L. $.50 Due prothy $1.00 Other Costs CURTIS R. LONG (Seal) ProthOa fJ '-.By: f2/r.D _ Deputy ~JlA~ REQUESTING PARTY: Name CHRISTIAN S. DAGHIR, ESQUIRE Address: 105 N. FRONT STREET HARRISBURG, PA 17011 Attorney for: PLAINTIFF Telephone: 717-234-5600 Supreme Court ill No. 47741 " . ~ - 1 ~ . ~ ,. -'1> .., IN THE COURT OF C,OMMON PLEAS OF CUMBERLAND COUNTY, PENNS'(LVANlf\ . CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: MID PENN BANK 349 Union Street Millersburg, PA 17061 vs. GORDON K. BANZHOFF, JR., 245 25th St. Camp Hill, PA 17011, Kll~ERLY S. BANZHOFF, 632 Devon Road, Camp Hill, PA 17011 Confessed Judgment Other File No. 01-6188 Amount Due $55,916.67 Interest from 10/8/01 to 6/5/02 - $3,589.80 Atty's Comm Costs 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 for debt, interest and costs, upon the following described property of the defendant(s) Real estate known as 632 Devon Road. Camp Hill. Cumberland Countv. PA. as descrihed in Exhibit "A" attached hereto and made a part hereof. County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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 detendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date .Tune;lL, ?OO? Signature: Print Name: Address: Esquire 105 N. Front Street Attorney for: Telephone: Supreme Court 10 No.: Harrisbur~. FA 17101, Plaintiff (717) 234-<;600 47741 (over) "'';I~,~"",- ~.~ , " << _, 'r ~ ~ 'JIlII'W ,'lIlI'I!l!_~_ ...... . , , EXliI:BIT "A" ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGL"illING at a point on the westerly line of the circle at t.'le northern end of Devon Road, at the southerly line of l~,ds now or late of Earl W. Eichelberger and Doro~'ly Eichelberger, his wife; thence southwa=dly along said circle, by a curve to t.".e left a radius of 50 feet, an arc distance of 44.45 feet to a po~nt; thence along the western line of Devon Road, Sou~'1 20 degrees, 50 minutes East, 25 feet to a point; thence South 73 degrees, 17 minutes West, along the northe::::n line of Lot No. 18, on the hereinafter mentioned plan, 292.22 feet to a point; thence along lands now or late of Elmer T. schi~ael and Marguerita H. Schimmel, his wife, North 28 degrees, 33 minutes West, 190.11 feet to a point; thence by lands now or late or forme:::ly of Earl and Dorothy Eichelberger, South 83 degrees, 50 minutes East, 328.15 feet to the place of 3ZGINNING. BE:NG the greater part of Lot No.. 17 and a small :;:ortion of Lot No. 16 on the Plan of Country Club Heiahts, said ?lan beina recordec: in the Office of the Recorder of Deeds and for C1llIU::erland County in Plan Beak 4, Page 70, as su:::veyed ..by D.:? Raffans:;:erger, Registered Surveyor, June 5, 1958. HAV:NG the=ecn e=ected a brick and aluminum dwelli~; L!Ow-:l as 632 Devon Road. -'.'~);!i~ , _~~_'" -,' -, ~, c;-, '" ' - - -~ Fig r-/{ R.J ~ vt G5 -() --( !l!Il!!,_ ". ~ ~ ~. "" ~~!,A\ ~~ d a f@ ~~ )f!Df!T1f:I!Jr:JFj1 tJ ~lJ , &2 f .. , -J., . ~, ,~ :-{-~ dB ~ ff! 'vl '- '",",,'" '.-~ ,-. ~..~, -~ ~ '.-- ,-. "" ~'ii.&'-'t<-"';','- -- '''-~'l:a(~tr'.t\ii' in:*" ;':i"';f;1if~tr~''i-t:;-:~, ;:--i , . <. .'~ 0 a c) fJ.~ , ~ 'j: ~, , - li'l iT S"; ~ ~J 1 r--- ((-' "-' /11 ,. to C"-) -~-.. ~. - I ,~ ~=J ~ , "'" - .. C~, " ~ _.h .:~) :I\ "> c' 5 -.-" C) -" (~ r-rl ~.-.. i:~! "~ ~.' -<; (J1 ::0 -< T~~"j,WA!r'~""f{"t'<",T'~'f"'!%1P~~~W-+"",*"b'ril'1t'%'1J~;[jj1l~Fl\l_~\7rni!f?r'll!R'!!'ll~S:;'i'f$*~~; .' ,*' ,.' 8 MID PENN BANK Plaintiff Ys. GORDON K. BANZHOFF, IR. and KIMBERLY S. BANZHOFF, husband and wife, and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6188 CIVIL TERM PNC BANK, Garnishee AFFIDAVIT PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) MID PENN BANK, Plaintiff in the above action, sets forth as of the date of the Writ of Execution in this matter, the following information concerning the real property located at 632 Devon Road, Camp Hill, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or reputed Owner(s): Gordon K. Banzhoff, Ir., of 245 25th Street, Camp Hill, PA 17011, and Kimberly S. Banzhoff, of 632 Devon Road, Camp Hill, PA 17011. 2. Name and address of Defendant(s) in the judgment: Gordon K. Banzhoff, Ir., of 245 25th Street, Camp Hill, PA 17011, and Kimberly S. Banzhoff, of 632 Devon Road, Camp Hill, PA 17011. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bureau of Compliance, Department 280946, Harrisburg, PA 17128-0946 Floyd C. Parsons and Marcia L. Parsons, 14070 Hill Road, Wattsburg, PA 16442 ~!l!iT" ,_~~' ~,""_,~",,,~"'",,~'~H,,_",,,,_,,,,,,~~,=<~___,~ ,,~_=_~, =,',,_< ,_"",< _,_"!' ',,"eO._, ,,_,_>,' ">'. _~,~ - ~ ~ ~ ~ , ~ 4; \ !; <;,1: I\.. d. " . # Mid Penn Bank, 349 Union Street, Millersburg, PA 17061 Pennsylvania State Bank, 2148 Market Street, Camp Hill, PA 17001-0487 4. Name and address of the last recorded holder of every mortgage of record: John E. Moore and Teresa J. Moore, 694 East Columbus Avenue, Corry, PA 17407 Mid Penn Bank, 349 Union Street, Millersburg, PA 17061 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by sale: None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: Christian S. Daghir, Esquire 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Plaintiff Sworn and subscribed to before me this _ day of June, 2002. Notary Public ,. d'C'"~' '~.., I'~'"- ,~__"o_____""_"_.,_,,,~, '_""'___ .' ~~, ~ "^- - , -- ~-~'"" ' .,-- ,- J% , . . c, """"." .'."".'~" '" .__.".' ,,"" ,~.",~.-,,, . "'1..."-'_ 7."., " ~.~"~"', '_' ,"'rD.,- ,~ """'.-',. -'., .;~'" '~'-0.~',t ~""':''''"~Y)ij(i'Lft:'I''"..~t :'10>/ ,,' '-- -"'-"--,1 -- '< -- ':__~;:o." -","_'" ,., '. ".---',,'!"~,,>"'.'1'i~:~;+;: '-( ;-,,~~~,,:.' ~-," 1-W~~.. . ..,.,,,,,,"_:^:.=~~,. 1" '.'__'"'__''_/''' , 0 0 0 c: C-"l " "'" ('" .-:-c_ -.'" c' n: '- .~ nl r;:.~ ._"'~ ;";1 "" -" - ~ tr, Z ~.~ ('-"", C:.> (.0 ,~ I -< , :;~; r;:. ~ -..' . ~'!'i ;::~ () j~~: , lO ;:; :--T, '"7 r:- b. C:::j :1::' ~, 01 -< ~~ -ti , ,~illll;;Ji~~!:c__ J~~r) ; :! "! Ii ;'1 ~-! h n r" ;-', >-f: ;: ,,-: + .1:,: ~ -,-'ow;:rIl"!._, . " . . MID PENN BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. GORDON K. BANZHOFF, JR. and KIMBERLY S. BANZHOFF, husband and wife, and PNC BANK, Garnishee NO. 01-6188 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: GORDON K. BANZHOFF, JR. and KIMBERLY S. BANZHOFF, his wife, Defendants Your real estate at 632 Devon Road, Camp Hill, Pennsylvania, is scheduled to be sold at Sheriff's Sale on December 4, 2002, at 10:00 A.M. in the Cumberland County Courthouse located in Carlisle, Pennsylvania, to enforce the court judgment of $55,916.67 obtained by the above-named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: 1. The same will be canceled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Christian S. Daghir, Esquire, at (717) 234-5600. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. G,\WPlDOC\crv.FLB\MPB-B"iDZhotn_Writ " -"",~"-~ .~ ._c~"q~~ "_~ ~"_e' I.. '"" ,~~""'~,._.~ ,< ." ,. _~ "_, . . ,,"- -' -- ~~~. , . ~ 'f=~ "~ I -. . , , . 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SA YE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the county courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the county courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the date of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after sale date. G:\WP\DOC\CN.FLElMPB.Bamb.oifl_Writ , ~~ - - ,,,'=,.,, ~~__-~"_'''- --"""-'''O'-'>_~''Q. "~.,'L-'~'_.I~"__~",", ~..,~H"" ,.__,,,~ .,<: .,- "'c.c.~' ---';"',,,--q,,,"~_,?;..",,, , . --., ,_,.~,.,__9'~" ,..." "..~ iif -'i~^ .... . . 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA YE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 1-800-932-0356 The Sheriff's phone number is: 240-6390 Christian S. Daghir, Esquire 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Plaintiff G:\WPlDOC\CIV.FLElMPB-Banzh(\fr1..Wrlt _Md_~~,~~., _~~ ,",~" ~__'__"e~~"'__,~~_ c._."~.,,,,,,_~_...,,~.. - ,,~ "" " "',_C/., '<_ Y, ; ~L.__~.."."..'_ . ,,,,..,. .. . ~ ""''''"' , ..,.,,,,,__~,,,,,_,,_ __"'''<7'.'. ~ l/""\. .e. ,.~,. . . ""'" ""'''''''-'~",''I;."'~-- ~, - ."1'""",~;'r ~ '_',,"'. ,,___ ',_ .~~!!I~~f!'-~, 'lii11 -;ffjl:"" ~'?-'C':;,,;-,];;:'..." ';;,~' ,,' < ,1ti Jr, xJ)r'"-#-r-'r""""~""/.-i-;'~~' , ~( "__~,m~4'b??},::;;,;,i}~!t:-i\ . I'l~l >: . ,,' - (jj ~: <-::- ,r,_~ 5:~ r ,j ?; .~ ",...,., i 1,8 ~. ',. ""', ';--~ r~ ~) :,.) . . :;,] -< -_!~ -Hi! Mid Penn Bank VS Gordon K. Banzhoff, Jr. and Kimberly S. Banzhoff In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6188 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Christian Daghir. Sheriff s Costs: Docketing Surcharge Advertising Posting Bills Law Library Prothonotary Mileage Levy Certified Mail Law Journal Patriot News Poundage Postpone Sale Share of Bills 30.00 30.00 15.00 15.00 .50 1.00 28.98 15.00 9.75 288.65 212.95 13.84 20.00 25.40 $ 706.07 paid by attorney 03/03/03 , ',,&I So Ans;Y~f/ ~ /a;:- "'_ I) ~~~ -:,<:27~ This~dayof I~ r .. . ~ Q '" ~ R. Thomas Kline, Sheriff 2003, A.D. I~'~ J (' ./A I~T / BY. tJ~ dtW.lYl Prothonotary Real E ate Deputy Sworn and subscribed to before me " I'~V C/z 3 '1 '3.;.1) L IJS' ~30 ~,J:'lWf, , ,"':-----~,.,^ ,"'~ ","",,-'",", '" ~"nlrr:~"~~'~~'T~" 'r-"" .1' MID PENN BANK Plaintiff Ys. GORDON K. BANZHOFF, JR. and KIMBERLY S. BANZHOFF, husband and wife, and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6188 CIYIL TERM PNC BANK, Garnishee AFFIDAVIT PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) MID PENN BANK, Plaintiff in the above action, sets forth as of the date of the Writ of Execution in this matter, the following information concerning the real property located at 632 Devon Road, Camp Hill, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or reputed Owner(s): Gordon K. Banzhoff, Jr., of 245 25th Street, Camp Hill, P A 17011, and Kimberly S. Banzhoff, of 632 Devon Road, Camp Hill, PA 17011. 2. Name and address of Defendant(s) in the judgment: Gordon K. Banzhoff, Jr., of 245 25th Street, Camp Hill, PA 17011, and Kimberly S. Banzhoff, of 632 Devon Road, Camp Hill, P A 17011. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bureau of Compliance, Department 280946, Harrisburg, PA 17128-0946 Floyd C. Parsons and Marcia L. Parsons, 14070 Hill Road, Wattsburg, PA 16442 "'.~~~- T ~. ~~ . . .. Mid Penn Bank, 349 Union Street, Millersburg, PA 17061 Pennsylvania State Bank, 2148 Market Street, Camp Hill, PA 17001-0487 4. Name and address of the last recorded holder of every mortgage of record: John E. Moore and Teresa 1. Moore, 694 East Columbus Avenue, Corry, PA 17407 Mid Penn Bank, 349 Union Street, Millersburg, PA 17061 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by sale: None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !}4904 relating to unsworn falsification to authorities. Date: Christian S. Daghir, Esquire 105 North Front Street Harrisburg, PA 1?l01 (717) 234-5600 Attorney for Plaintiff Sworn and subscribed to before me this _ day of June, 2002. Notary Public ';'iijiJ\.*,__ ..,7 ->.",L-,- -,'^ "0'_1><1" ,t . . "'.,"..---r'_~~"' . ~..< ." ~. -~'., -"- MID PENN BANK Plaintiff IN tHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. GORDON K. BANZHOFF, JR. and KIMBERLY S. BANZHOFF, husband and wife, and PNC BANK, Garnishee NO. 01-6188 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: GORDON K. BANZHOFF, JR. and KIMBERLY S. BANZHOFF, his wife, Defendants Your real estate at 632 Devon Road, Camp Hill, Pennsylvania, is scheduled to be sold at Sheriff's Sale on December 4, 2002, at 10:00 A.M. in the Cumberland County Courthouse located in Carlisle, Pennsylvania, to enforce the court judgment of $55,916.67 obtained by the above-named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREYENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: 1. The same will be canceled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Christian S. Daghir, Esquire, at (717) 234-5600. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. G:\WPlDOC\CIV,FLElMPB-ll:uIzb.oUl,Writ ";t,~",,,,,,,'i"'" , . r ,---" . -,," 1,' ~ - . , ~ - "'~,,, .', - - ~ . 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAYE OTHER RIGHTS EYEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the county courthouse. 2. You may be able to petition the Court to sc:t aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the county courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the date of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after sale date. a:\WP\DOClCN.PLElMPB-Ilaozhora_writ '~i""~~' ", C"~" ..' "I ,', - ," ~,~ . , ~ .,....1lIlllIIl!' 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA YE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central PeIIIlSylvania Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 1-800-932-0356 The Sheriff's phone number is: 240-6390 Christian S. Daghir, Esquire 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 . Attorney for Plaintiff G:\WP\DOC\CN.PLBlMPB_B3IIZl10111.Writ ,fl'~"-'''':''-4'~.,.,.. ~ "'~-' ,. I'" . ~ ^" " -~~I - EXXIBIT "A" ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland and commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of the circle at the northern end of Devon Road, at the southerly line of lands now or late of Earl W. Eichelberger and Dorothy Eichelberger, his wifej thence southwardly along said circle, by a curve to the left a radius of 50 feet, an arc distance of 44.45 feet to a point; thence along the western line of Devon Road, South 20 degrees, 50 minutes East, 25 feet to a point; thence South 73 degrees, 17 minutes West, along the northern line of Lot No. 18, on the hereinafter mentioned plan, 292.22 feet to a point; thence along lands now or late of Elmer T. Schimmel and Marquerita H. Schimmel, his wife, Nort.~ 28 degrees, 33 minutes West, 190.11 feet to a point; thence by lands now or late or formerly of Earl and Dorothy Eichelberger, South 83 degrees, 50 minutes East, 328.15 feet to the place of BEGINNING. I , ,I BEING the greater part of Lot No. 17 and a small portion of Lot No. 16 on the Plan of Country ClUb Heights, said Plan being recorded in the Office of the Recorder of Deeds in. and for Cumberland County in Plan Book 4, Page 70, as surveysC:. by D. P. Raffensperger, Registered Surveyor, June 5, 1958. HAVING thereon erected a brick and aluminum dwelling know~ as 632 Devon Road. -"""':'''''!lio~.. .~" ,,' -~;",-' ...,,"', ~ ~ r - ";.,,..... --',",,,,,,'1l"i''''',,", WRIT OF EXECUTION and/or ATTACHMENT NO 01-6188 Civil CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK, Plaintiff (s) From GORDON K. BANZHOFF, JR., 245 25TH ST., CAMP HILL, P A 17011 AND KIMBERLY S. BANZHOFF, 632 DEVON ROAD, CAMP fiLL, P A 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (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) 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 $55,916.67 Interest FROM 10/8/01 TO 6/5/02 - $3,589.80 Arty's Comm % Arty Paid $32.00 Plaintiff Paid Date: JULY 9, 2002 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) protho:0 n ~ J.l.y: 0/1< P . c:- ~~ Deputy REQUESTING PARTY: Name CHRISTIAN S. DAGHIR, ESQUIRE Address: 105 N. FRONT STREET HARRISBURG, PA 17011 Attorney for: PLAINTIFF Telephone: 717-234-5600 Supreme Court ID No. 47741 ,~, , ,~ ~ ,.~ ~--- '1 - m ~, r' .~- ''''-~.y - k,,~ -'~-~""~1'~-~' Yo J urN:-' .-~': '"":''' ~~a 'ij1Hff~ ~ C""I-rr~tjf'<:""'<::::~ Real Estate Sale # 0 I On August 8, 2002 the sherifflevied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, P A known and numbered as 632 Devon Road, Camp Hill, more fully described on Exhibit "A" filed with this Date: August 8, 2002 By:Jodu -Smi-l:h Real Estltte Deputy ... i?!II I .. writ and by this reference incorporated herein. ., . . ' \).\ c\ "-'1,-> , \ \ \~ ; (,\' ., C \\), L~' tJ -1':1. _ ' ~ '}, t, ,-.- IJ \~\ ;~~2~;\". " 'l.;J ;\;l~1) ;,' "," ." -~, L.. . _~"'''"'''''''~:.t!_ lj~~~~~1IWll!'*'it#i1;-"W~'ii!'l~,___I1!J'N!t(T;."4'.:1 ~. _" "~ _ ~t'.iWjf!if',i'f';_I~nr,,' 't', ;."CeJ',-i t'o]-.;'~'" !:Wj'!k'Hi.,t-'i:~%1il&<~~1ii!j~fli,'~!l'm1!!<f~}l~i~~_:~l~,".- .,.,,,,.,J,~,:;{ , . , ." THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: Thaf he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its prlnoipal ollice and place of business at 812 to 818 Market Street, in the City at Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is seourely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, piace and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution ~unanimously passed and adopted severally by the stockholders and board.of directors of the said Company and subsequently duly recorded in the ollice for the Recording of Deeds in and for said County of Dauphin in MisceHimeous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #1 ~_ A. ~ - ~~................................................................... worn to and subscribed before me this 14th day of er 2002 A.D. Notalial Seal T eny L. Russell. Notary Public City Of Hanlsburg. Dauphin County My Commission Expires June 6,2006 NOT RY PUBLIC Member. Pennsylvania Association OfNolariesMy commission expires June 6, 2006 ....;:-REAL ESTATE SALE No.1 ~...Wrlt No. 2001-6188 ~-.- --"e"~ ClyllTerm =- o. .~CMld Penn Bank '~_.~ 'va ':'-::.~ . _--.:Gordon K. Banzhoff, Jr. _'_ and Kimberly S. Banzholl _ .:<A!tY: Christian Daghlr cEaUllIT'\\" . . ~L~U1Al CElITAIN lot of land situate 10 the FBoroum.. of Camp Hill, County of Cu.mberland ~d -eoffinionwealth of Pennsylvama, more 'Oarticuhuiy bound and described as follows, to ""-vtit' =- .. '~E~G at a point on the westerly line of fthe=cm:Je:- at the northem ead of Devon Road, at -5ni:: s.QuiKerly line of lands now or lat~ of ~arl.W, ~che;jberger and Dorothy Ei~hel.berger, hiS WIfe; ,~~~~u'thwardly along Sald cm:le, b~ a curve ~. ..~radi",of50 fee,,,, "C dIStance of __ -, ee_~to'If'poinj;'lhence along the '.\o'Cstem m---'o evon Road, South 20 degrees, SO _ a;t.25 feetto ,point; thonce South?3 Publisher's Receipt for Advertising Cost , 1'7 'minutes West, along the northern hne.. . 0.18, on the hereinafter mentioned plan, pUbhsher of The Patnot-News and The Sundav Patnot-News, newspapers of general ,~: 2-:221eet to a point; thence alodngMlands n~tW ~r t receipt of the aforesaid notice and pUblication costs and certifies that the same have b:nlire<Jr Elmer T. -Schimmel an 1 arquen a . is wife, North 28 degrees, 33 190.11 feet to a point; thence by ow or late or formerly of Earl and Dorothy _ erger, South 83 degrees.. SO minutes East, '21L1He~t to the p4Ice ofBEGlNNING. ---Uthe greater part of Lot No. 17 and a small .Of LOt No. 16 on the PI", of ~untry .. u . .eigbts, said Plan hemg recor.ded In the ~c~ of the Recorder of Deeds In an.d for -' ' .' nd County in Plan Book 4, Page,70, as by D.P, Raffensperger, ReglStered r,JuneS,1958. .' ~ U ((](:(e(1!l erected a brick :md all/nunum - n_ '~",;;:if;;'p' known as 6'32 Devon Road. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 211.20 1.75 212.95 By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, -laL\~ and character of publication are true. / Roger M. Morgenthal, Editor SWORN TO AND SUBSCRlBED before me this 8 day of NOVEMBER. 2002 '" SEAL LOIS E. S~'J'roEi'l, Nolmy PubIlc CIl!Ils!s Ililfii, Climblllland County . My CIlmmisllIoo Elipi.'OO '.larch 5, 2005 -"';~~~ > ,,,~-~lj!!I~-" 'I" . ,.~ T'~ , . ~. . . ~~.- ," "~",' ~ ,,<,_.- :!; ,'I '~l i'l ;': ,co L:~ :~; I'; ::) :o:! :'1 ,Cd , ",1 :~'j :.J ; ~:*- .,r!rr ).\ I'" ~~T'_'__"",,,,-__,,,,,_,,,,,, ' ". ., :;.l _]I;,,,'. ~t , .!:c t?~leo pliic.e fF;!.~ ".'-; REAL ESTATE SALE NO. 1 Writ No. 2001-6188 Civil Mid Penn Bank vs. Gordon K. Banzhoff. Jr. and Kimberly S. BanzholI Atty.: Christian Daghir EXHIBlT "P;- ALL TIIAT CERTAlN lot of land situate in the Borough of Camp Hill. County of Cumberland and Common- wealth of Pennsylvania. more par- ticularly bounded and described as follows. to wit: BEGINNING at a point on the westerly line of the circle at the northern end of Devon Road, at the southerly line of lands now or late of Earl W. Eichelberger and Doro- thy Eichelberger, his wife; thence southwardly along said circle, by a ctuVe to the left a radius of 50 feet, an arc distance of 44.45 feet to a point; tiIence qIong the western line of Devon' Road, South 20 degrees. 50 minutes East, 25 feet to a point; thence South 73 degrees. 17 min- utes West. along the northern line of Lot No. 18. on the hereinafter mentioned plan. 292.22 feet to a point; thence ~ong lands now or late of Elmer T. Schimmel and Marquer- ita H. Schimmel. his wife. North 28 degrees. 33 minutes West, 190.11 feet to a point; ,thence by lands now or late or formedy of Earl and Doro- thy Eichelberger. South 83 degrees, 50 minutes E3,$t, 328.15 feet to the place of BEGINNING. BEING the greater part of Lot No. 17 and a small portion of Lot No. 16 on the Plan of Countly Club Heights. said Plan being recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County in Plan Book 4. Page 70. as surveyed by D.P. Raf- fensperger, Registered Surveyor, June 5. 1958. HAVING theJ;'eon erected a brick :md aluminum dwelling known as 632 Devon Road. . "1-~ .~ ., , ~n""""M .. , c , '.' _.J..~ , ". I. NOTICE OF JUDGMENT AND EXECUTION REQUIRED BY RULE2958.3 MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. () I /(p{gi Term 2001 vs. GORDON K. BANZHOFF, JR. AND KIMBERLY S. BANZHOFF, husband and wife, Defendants No. 01-6188 Civil Term Amount Due $55,916.67 CIVIL ACTION - LAW and PNC BANK, Garnishee Notice of Defendant's Rights To: Gordon K. Banzhoff, Jr. and Kimberly S. Banzhoff A judgment in the amount of $55,916.67 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County at Carlisle, Peunsylvania. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF: YOU MUST FILE A PETITION SEEKlNG RELIEF FROM THE mDGMENT AND PRESENT IT TO A mDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. G:\WP\DOC\C'IV.fLE\MPB-BlIIZhofi'l.Writ ~'''"''"''''''- ",,--~- 0 .? 1, ' 1- -, . , - '., _,T" . . -". ~ , ,_ ~h~ ~ 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. Central Pennsylvania Lawyer Referral Service 213 A North Front Street Harrisburg, PAl 71 0 1 1-800-932-0356 C'/!:.,. k4" 1;/ Christian S. Da . Attorney for Plaintiffs 105 N. Front Street Harrisburg, PA 17101 (717) 234-5600 Ii , " G:\WPlDOC\ClV.FLE'MPB.BBrtlliofn.Wril ;,~. ....,..__ .r<_ , ~ _,,," -::'- ~ I ",' - . ,~ '- " ~- ~ ~- I""""'.~ ~, """,r--'1'~ I' '.' _J-~ ",' '. MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term 2001 vs. GORDON K. BANZHOFF, JR. AND KIMBERLY S. BANZHOFF, husband and wife, Defendants and PNC BANK, No. 01-6188 Civil Term Amount Due $55,916.67 CIVIL ACTION - LAW Garnishee PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S.~4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at (1 Street Address ., ~ -! City, State Telephone Number Dated: Defendant Defendant G:\WP\D()C\CIV.FLE\MPB-BiIIIZhoff2.Writ "!i1S1~~JiI'f!lif " ,,'_"'~' ,< ~'C""fO_ -, l' ~,--^,~,.~ , ~,~ ''?''<'.,,' ..JL v- <.' .o,~,.~""~,, ,,;" , :""",_~:,",__"~,, =-""""1< ., 1,,11it,,,,_o , ~.- ~ "~ _C', ,,<,~~' ,-,," ,r~' " 4, """," <__~~~ !~., 1i'IIUlIlilllf UI".'YHVC>"~" ,.t :'. 0 0 01 C 1'., -n $: L_ --{ UGJ f"'r~--' ~~ :::r: ;J Z::r: (;c :2',- iT! en );. 0> S::J -(::>- r::C"': - t;,) :1----::,--." ~:: :\::1 :Sr\ _I',," >;;.~C) )>c u) ;.'co::rn '-.) -7 .-1 ::::, ,,- J> ::0 -<. 01 -< !Ju lIIT,WJl:m~,*"~w,"~;~,,'Rfiitnt,,c~f';uw.~y.;nvi'I"~~~~l!il~~1!'1lI!~l\;f;I~1!J ~_ ~,1~~ , " MID PENN BANK, Plaintiff vs. GORDON K. BANZHOFF, JR. and KIMBERLY S. BANZHOFF, Hnsband and Wife, and PNC BANK, Garnishees : Court of Common Pleas : of Cumberland County : Civil Division : No. 01-6188 CERTIFICATE OF SERVICE [: ! AND NOW, this 28th day of November, 2001, I, Christian S. Daghir, Esquire, of the , , Law Offices of ETZWEILER & ASSOCIATES, Attorneys for Mid Penn Bank, Plaintiff, hereby certity that I served a copy of the Notice of Defendant's Rights in the above-captioned matter upon Gordon K. Banzhoff, If. of 245 25th St., Camp Hill, PA 17011 and Kimberly S. Banzhoff of 632 Devon Rd., Camp Hill, PA 17011, Garnishees, this day by depositing the same in the United States Mail, postage prepaid, certified mail, return receipt requested, in the post office at Harrisburg, Pennsylvania. '"j Li: " ,~, G:\WPIDOC\CIV,FLE\MPB-B'"ZlLOff.Svc ~" ,; f~": f-':"i'..., - 1). _; _c '"' ,'Jt~c;<:::~~. _;_.'";~,,,,"__ "~!;'"_'_""'''~__'<; ___">:."'" ."';'.<,~ I.,;",,"" ~..~" 71"'__};;."__ " "__. " "~' ~ ,-."- ETZ By: . ;;,'_,'-~'; , ~"" ..- '-,,'cc_ .,0' ,''''~' <_0""<-+" ,- r'-~; ~ J . ETZWEILER AND ASSOCIATES ATTORNEYS-AT-LAW 105 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 234-5600 Earl Richard Etzweiler Christian S. Daghir Gordon K. Banzhoff, Jr. 245 25th Street Camp Hill, PA 17011 HALIFAX LINE (717) 896-3737 Fax Line: (717) 234-5610 November 28,2001 RE: l'vlid Penn Bank v. Banzhoff No. 01-6188 Civil Term Dear Mr. Banzhoff: 2 West Main Street ElizabethvilIe, PA 17023 (717) 362-8395 225 Market Street MilIernburg, P A 17061 (717) 692-2519 Please fmd enclosed the Notice of Defendant' s Rights regarding the above-captioned action. CSD:db Enc. N .Il! ,.~ Ii ... I ., 1 . ...; 4-< ...; ~I 4-< 0 0 r-- .c: ...; N ... I " OJ <1l OJ < o:l ... P< ... 002 . ~ 'rl I 0 .c: ~...; 0 " ... ?I I. ~ > 0 U"l > ~ "'" N 0 ~ ... '", > 0 U"l ~= I~ " c ~ 20 '" Vitt:l 0 " ~ ~ N U ~ ii " c . c ~ 0 ~ " " ~ x -0::;;; ~ . B~ >- o . Ii: a Cl:l'+:; "" . c - "" U1 Ocu ~ ;9 ... "" o.E D o-=u... f'- ...."'Cl ~.Ei LI) +-' Q) em... ~ .90; ~ ~ ~ ::r Q)':::;o~ O....E C Q) c(l Q)Q)ooQ) tr' a: (.) Z Cl!!l fTl Very truly yours, Christian S. Daghir . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: Gordon K. Banzhoff, Jr. 245 25th Street Camp Hill, PA 17011 3. Service Type DCcertified Mail 0 Express Mail o Registered )( Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes €66 ~ 40JeVl '009& WJO~ Sd 2. Article Number (Copy from service label) Z 398 415 705 R5' Fo~. ~~ 1 ,July 1~99 Do~estic.Return Aecei?,t, ";'~'.l"""~1"'~"'~~m _ 11I"~ '~c" '~fI-' .""",",~ JD,?l;9l-nn.M'n~lT ~ ~ \IT: .. Earl Richard Etzweiler Christian S. Daghir ETZWEILER AND ASSOCIATES ATTORNEYS-AT-LAW 105 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 234-5600 2 West Main Street Elizabethville, PA 17023 (717) 362-8395 HALIFAX LINE (717) 896-3737 Fax Line: (717) 234-5610 225 Market Street Millersburg, P A 17061 (717) 692-2519 November 28,2001 Kimberly S. Banzhoff 632 Devon Road Camp Hill, PA 17011 RE: Mid Penn Bank v. Banzhoff No. 01-6188 Civil Term Dear Ms. Banzhoff: Please [rod enclosed the Notice of Defendant' s Rights regarding the above-captioned action. Very truly yours, Christian S. Daghir CSD:db . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print YOlJr name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: o Agent o AddressB€ DYes o No Enc. "'0:= ~ rn ."2~ "" ,- "" 0 ~ 0: <5 0 4-< "- &.~ I 4-< "" ~r 0 ;:r ::: 0; I .<:: "" <I> <tl ;: N '" -0: 0 l. 0-= 0: 0 Po< "" o u. '" '" ~ B.2ij '" . I LfJ ..., 'J) i:: ~ ... 0: "" "" Q..- \~ ~ ?; l . 0' "" ;:r 'a; = :;.: ~ u> ~~ 11 ... rJl 0 a: 0{] (J :loo c: C ~' ClC t1) IV ~ 0 Q.l! "" ~o.. if 0- C:Uzo'<l H -= - > rn I <1l =00 ~ ~r ~ ? :5 N ai: ; ., O'M ~ " ~ ~~ ;:.: .? 9. ~~ , 0 " " 0 ~ " ~ 'r. ~ E66~ 40,"1'1 '008& WJO,j Sd -0~@"",,~~_,""'fi'-~~, l~~ ,,~~~~ 1Ut- , -r'- '~~-1 Kimberly S. Banzhoff 632 Devon Road Camp Hill, PA 17011 o " , , ~ 3. Service Type W Certified Mail 0 Express M;kl TI Registered "'Return Rec 'p for Merchandise o Insured Mail ff C.O.D. 4. Restricted Delivery? (Extra Fee) es . g ~ o ii 2, ArtiC~ N~~'Ir ~f5 rrr.Bf{NiCe label) PS Form 3811 . July 1999 Domestic Return Receipt 1025i715-00-M-Ji152 "" "~." - l~" , " . t Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MID PENN BANK Vs. GORDON K. BANZHOFF, JR. KIMBERLY S. BANZHOFF; husband and wife, NO. 01- &,Wf CIU~l/~ Defendants CIVIL ACTION - LAW To: Gordon K. Banzhoff, JI. and Kimberly S, Banzhoff, Defendants You are hereby notified that on D--l- :J..cr ,2001, the following Judgment has been entered against you in the above-captioned case, Judgment in the amount of $55,916.67 which includes interest to October 8, 2001. DATE: Or} d9 ;;1001 Uh'JLJI2 ~ ( 2J;l prothono~~ I hereby certify that the name and address of the proper persons to receive this notice under Pa. R. Civ. P. 236 is: Gordon K, Banzhoff, JI. 245 25TH Street Camp Hill, PA 17011 A Gordon K. Banzhof. JI. and Kimberlv S. Banzhoff, Defendido/a Defendidos/as Por este medio se Ie esta notificando ue el de del 2001 , el/la siguiente (Orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario G:\WPlDOC\CIV.Fl.EiIW'B-Banzhoff.l."'l'd o"'0,~.l ", ,'"""~'_ --", ,", "~_,,~ p ,,", ,,>,,'.'..""'" ~~~' '<"'_~I ;'~'__-~"":_'~;"1"~-:""-"'"7,,,:-''' - -- >, ,,~, -vy, ,'<<' '0" __0"'"'_',,,', ;,. Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Judgment in the amount of $55,916.67 which includes interest to October 8, 2001. Gordon K. Banzhoff, Jr. 245 25th Street Camp Hill, PA 17011 Kimberly S. Banzhoff 632 Devon Road Camp Hill, PA 17011 G:\WP\DOC\CIV,FLElMt'B-BlIll2hoJf-i.wpd )~~ 0' ---", ,k,-'_ "-"_,"'':":<:''-;'<' '_"_'_!__ f')'>-:""':'~'l"'}"'_""~_'" ~','d".,,, ,_ ,., '-.-", r.,- __, ,~ , f " "."," ,L. '-n ~ ,_ ,t<" ',___,"_~, '_", _,;: ",~:r~F,"" L J;,J\t,~1f!!l;r;~":~~~!J~~~7~J;.?,):..;, , ,_,~L' '?,~ -, n, >tJ~~,"lY':~?:":'o.l}I1.~_~';f .,.,,'_2