HomeMy WebLinkAbout01-6188MID PENN BANK
Plaintiff
Vs.
GORDON K. BANZHOFF, JR.
K1MBERLY S. BANZHOFF;
husband and wife,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- ~,l~
:
:
: CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
AND NOW, this ;2.3~ day of ~)0,4vbffr- ,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, Jr. and Kimberly S.
Banzhoff, as a result of the default as alleged in the Complaint as follows:
Balance of principal as of October 8,2001 $48,951.94
Interest on unpaid balance at 11.00% per annum from August 7, 2001 to
October 8, 2001
Late fees and charges
Attorney collection fee
TOTAL
927.58
953.82
5,083.33
, ~;55,916.67
Chris ~t~an S. l~ag~, Esquire
Judgment in the amount of $55,916.67 emered as above Oe4- _)c~ , 2001.
~~Pr'othoJn~t~u.y~
MID PENN BANK
Vs.
Plaintiff
GORDON K. BANZHOFF, JR.
KIMBERLY S. BANZHOFF;
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-
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 25~
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 Gordon K. Banzhoff, Jr. t/a 225
Associates, in the principal amount of $75,616.36, (hereinafter referred to as the "Loan"), as
evidenced by that certain Term Note (the "Note"), a tree and correct copy of which is attached hereto
as Exhibit "A" and is incorporated herein by reference.
6. The Note comains a confession ofjudgment provision that allows plaintiffto 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 Plaintiffin an amount equal to the Note and ail sums due thereunder upon
certain real 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, Gordon K. 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) all loan 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.
15. The following is the computation of the balance of principal and interest due
Plaintiffby Defendants, Gordon K. Banzhoff, Jr. and Kimberly S. Banzhoff:
Balance of principal as of October 8, 2001 $48,951.94
Interest on unpaid balance at 11.00% per annum from August 7, 2001
to October 8, 2001 927.58
Late charges and fees 953.82
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 (I) has not been assigned, and Plaintiffis the holder
of the Note and Mortgage (I).
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 $55,916.67 plus interest until paid in full at
the rate of 11.00% per annum together with attorneys' fee and all appropriate costs of suit.
Dated: October ~ ., 2001
Christian S. Daghir, Esquj~
Supreme Court lD/t4774c[
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
CERTIFICATION
I hereby certify that the precise address of Plaintiff is 349 Union Street, Millersburg, PA
17061.
I further certify that the last known address of the Defendants are:
Kimberly S. Banzhoff
632 Devon Road
Camp Hill, PA 17011
Gordon K. Banzhoff, Jr.
245 25~ Street
Camp Hill, PA 17011
I further certify that the underlying transaction, as evidenced in part by the exhibits attached
to the Complaint in Confession of Judgmem is a commercial transaction.
Dated:
2001
Chris-fia~ S. Daghi[g~/~squire
Supreme Court ID-47741
105 North Front Street
Harrisburg, PA 17101
Attorney for Plaintiff
007-17-200! WED 10:38 ~N M~D ?E?tN ~NK
I veri~ ~ thc statemen~ mad,.* in thiz Complaint ar~ true a~d corrm:t, i tmd~smmt limt false
~a~m~t~ h~rein al~ made subj .~ to tl~ peml~.-s of 1 g P~. C.$.A. ~4904 relat/ng to unswom
fals//ic~tion to aathori~e~.
Dated: OCTOBER 17, 2001
Mid t~ Bank
MID PENN BANK
Vs.
Plaintiff
GORDON K. BANZHOFF, JR.
KIMBERLY S. BANZHOFF~
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
AFFIDAVIT 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,
By:
ETZWEILER AND ASSOCIATES
Christian 'S~Daghir, ~sq.//3]
Sup. Ct. I.D. No. 4774_1/
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
Sworn and Subscribed to before me this
~,~day of t~0~'~D~?F, 2001.
Not~ Public
I ~ b. Paul, N~ Pu~
($75,616.36)
TRADZN~ &B 225
promises to pay to the order of MZD PENN B~-mWK ("Lander") the
principal sum of Sevan~;~-Five Thousand six Hundred Sixteen and
36/100the ($75,616.36), together with interest =hereon at the rate
of eight percent (8.00%) per annum, based on a year of 360 days
(.Contractual Rate"), from the data hereof.
For the period from the date hereof ("Beginning Date"), the
Undersigned shall pay equal monthly installments of principal and
interest in the amount cf $722.62. Ail such payments of principal
and interest shall co~noa on May 1, 1993 and continue on the
first (1st) day of each month thereafter through to and including
Aprll 1, 2008, if not sooner paid.
1. ~. If the Undersigned, or any one of them,
fails to make any payment of principal or interest due and owing
hereunder within fifteen (1~) days of the due date, am additional
late o~arge of fou~ percent (4%) per month of the amount of such
payment or payments shall be immediately due and payable.
2. efa~_~A~l~. After maturity, Whether by acceleration or
otherwise, interest shall accrue at a rate of three percent (3%)
per annum above the contractual rate ("Default Rate") un=il all
sums due hereunder are paid in full. Interest shalt continue to
accrue after entry of judgment at the Default Rate to all su3ms due
hereunder until the jud.gment is paid.
3. ~$sencm. The prompt a~d :aithful performance
of all obligations of the Undersigned's, or any one of them,
hereunder, including, but not limited to, time of payment, i~ of
the essence of this Note.
4. ~D~~!3rds. So long as Lender is the holder
hereof, Lender's books ~!~nd records ~hall be presumed~ except in t--he
case of manifest error, to a¢cura=ely evidence at all times all
amounts outstanding und.sr this Note and the date and amount of each
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 racorde of this Note in the
form of an account hie~::ory or similar report.
Exhibit "A"
5. ~!alt. Any one of the followlng occurrences
shall constitute an ~'ent of Default pursuant to this Note
(collectively referred to hereinafter as t_he "~vents of Default"):
(A) The failure to pay any installments of principal or
interest or any other sums due hereunder for a period of
thirty (30) da~ys after the date due;
(B) The failure to perform any other term, condition or
covenant hereunder, which failure remains uncured thirty
(30) days aft~r written notice of sams from Lander;
(C) The issuance of a writ or warrant of attachment,
garni~ment, execution, distraint or similar process
against Undersigned, crazy one of them, which shall have
remained undil~chargad and unstayed for a period of twenty
(20) consecutive days;
(D) The filing, e:].ther voluntarily or involuntarily, or any
proceeding o:1~ bankruptcy or for reorganization of
Undersigned~ or any one of them~ or for the readjustment
of any of the~..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 the relief of debtors,
now or hereinafter existing and which proceeding shall
not be discha=ged or stayed within sixty (60) days from
the date of tl~eir commencement;
(~) The appointme~:%t of a receiver or trustee for Undersigned,
or any one ~:,f them, of any substantial part of its
assets, and such receiver or trustee shall not be
discharged within sixty (60) days of his or her
appointment (~.r proceeding to ~ismiss such receiver or
trustee are not instituted within thirty (30) days; and
(F) A default und.er the terms cf the Mortgage ~ated cf even
date hereof, by and between GOrdon K. Banzhoff and Mary
L. Banzhoff and Lender (Mortgage "A") or the Mortgage
dated of ev~;n date hereof, by and between Gordon K.
Banzhoff, Jr.. and Lender (Mortgage "B"), i~cluding but
not limited 'to, Gordon K. Banzhoff, Jr.'s fail,re to
cause Mortgage "B" to be in a first lien prior~ty
pcsition on tile real property secured by Mortqage "B", on
or before May 31, 1995.
6. Rights and Re~!~dies of Lender Upon Default. Upon the
occurrence of any Event of Default hereunder, all amounts due under
this Note, including the unpaid balance of principal and interest
hereof, shall become im~.sdiately due and payable at the option of
Lender without any dem~nd or notice whatsoever and Lender may
immediately thereafter ~xercise any one or more of the remedies
available to L~nder un¢].er any applicable law or in e~uity and
institute such legal, e~litable or other proceedings in the name of
the Undersigned, or any one of them, or Lender as Lender deems
appropriate. In the e?'snt Lender, in exercising any rights and
remedies upon the occurrence of any Event of Default, makes any
disbursements or incurs any costs therefor, the amount of such
costs shall be added to the principal a~ount of the Note, and
collected as part of this Note.
If an Event of Default shall occur, the delay or failure of
Lender to promptly ex~rciee its rights to declare this Note
immediately due and paya.ble or to exercise any rights and remedies
upon t/~e occurrence of an Event of Default, shall not affect such
rights and remedies, nor shall any single or partial exercise
constitute a waiver of such rights and remedies with respect to
such Event of Default or any future Event of Default. Any waiver
or release of any one Event of Default by Lender shall not be
construed as continuing as a bar to, or as a waiver or release of,
any subsequent rights, :remedies, or recoUrse as to subsequent or
other Events of Default.. Any rights or remedies of Lender may be
asserted concurrently, cumulatively or successively, from time to
time so long as the Und~ersiqned, or any one of them, is indebted
under this Note.
7. Preuavment. ~l~is Note may be prepaid in full or in part
without premium or penalty, with all such prepayments being applied
in inverse order of maturity.
8. payments. Payments of principal and interest are to be
made payable to ~id Pe~I.n Bank, at 349 Union Street, Millersburg,
Pennsylvania 17061, or at such place as Lender may designate in
writing, in lawful mon~y of the United States of America and in
immediately available funds.
9. v~~.~. This Note shall be governed by and
construed in accordance with the laws of the Commonwealth of
Pennsylvania.
10. W~iver. The Undersigned, or any one of them, ~ereby
waives diligence, demand, presentment, notice of nonpayment,
protest and all other demands and notices in connection with the
delivery, acceptance, ~erformance, default or enforcement of ~his
Note.
S
11. ne s' F ~. In the event that this Note is placed
in the hands of an attorney a= law for collection aftBr maturity or
upon the occurrence of ~Ln Event of Default, or to enforce any of
the rights~ remedte~ or re~uirements of Len4er under this Note,
including any actions~ Or proceedings in bankruptcy, the
Undersigned, or any on,~ of them, agrees to pay all costs and
expenses incurred by Lender, including, but not limited to, all
attorneys' fees and cosl:m, regardless of whether the maturity of
this Note has been accelerated or any other action instituted.
12. ~. This Note may not be amended, modified or
changed, nor shall any ,waiver of any of the provisions hereof be
effective, except only by an instrument in writing, signed by the
parties against whom en£0rcement, any waiver, amendment, change,
modification or dischar,{~e is sought.
13. Headings. Th~: sectional headings contained in this Note
are for reference purpo~:es only and shall not control or affect its
construction or interpretation in any respect.
14. ~- Any provisi.ons of this Note which are held
'to be prohibited or un~-nforoeable in any j~risdiotion, shall be
ineffective to the exwce:at of such prohibition or unenforceability
without invalidating th.-. remaining provisions heroof or affecting
the validity or enforc.~ability of such provisions in any other
jurisdiction.
15. ~'.---~- UPON AN EVENT OF DEFAULT, TH~
UNDERSIGNED, OR ANY ON]!: OF TH~, HKREB¥ IRREVOCABLY EM~OWERS ANY
ATTORNEY OF ANY COURT O]? RECORD WITHIN TH~ %TNITED STATES OF Ah~ICA
OR ELSEW~EI~E TO APPEAR FOR UNDERSIGNED, OR ANY ONE OF THEM, AND,
WITH OR WITHOUT Co~?LAINT FILED, CONFESS JUDGMENT AGAINST
UND~/~SIGNED, OR ANY ON]: OF THEM, IN FAVOR OF ANY HOLDER HEREOF AS
OF ANY TERM, FOR TH~. UNPAID BALANCE OF THE PRINCIPAL DEBT,
ADDITIONAL LOANS AND ADVANCES AND ALL OTHER SUMS PAXD BY HOLDER TO
OR ON BEHALF OF UNDERS'.][GNED, OR ANY ONE OF THEM~ PIIRSUANT TO THE
TEP/4S OF THIS NOTE, TOG]?:THER wITH UNPAID INTEREST THEREON, COSTS OF
SUIT AND AN ATTOP~NF-YS" COM~ISSION OF TEN ~ERCENT (10%) OF
A~OUNTS DUE OR $1,500.00, WHICHEVER IS GREATER. TH~ UNDERSIGNED,
OR ANY ONE OF THEM, H~:~EBY FoRA~rER WAIVES AND RELEASES ALL
IN SAID PROCEEDINGS, ~AIVES THE STAY OF EXECuT-ON, THE RIGHT OF
INQUISITION AND EXTENS:I~ON OF TIME OF PAYMENT. NO SINGLE EXERCISE
OF THE FOREGOING pOW~i~ TO CONFESS THE JUDGMENT OR A SERIES OF
J~/DGMENTS SHALL BE DEEIHED TO EXHAUST THE POWER OF WB~-',-'HER OR NOT
ANY SUCH EXERCISE SHA~L BE HELD BY ANY cOURT UNDIMINISHED, AND IT
MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF
sH~T.?. ELECT UNTIL SUCH TIME AS THE HOLDER SHALL HAVE RECEIVED
PAYMENT IN FULL OF ~?HE PRINCIPAL DEBT, ADDITIONAL LOANS AND
ADVANC]~S, SUMS PAID, IiI~TEREST AND COSTS.
IT IS HER~-BY AOKNO:WLEDGED THAT THE CON~ESSION OF JUDGMENT
PROVISION HEREIN CONTAIE~-D WHICH AFFECTS CERTAIN LEGAL RIGHTS OF
UNDERSIGNED, OR ANY ONE OF THEM, HAS BEEN READ, UNDERSTOOD AND
VOLUNTARILY AGREED TO B~ THEM.
16. ~2~~L B--~. iN RECOGNITION OF THE HIGHER
COST AND DELAY WHICH MAY R~SULT PROM A auA~Y TRIAL, THE UNDER-~IGNED
HERETO WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND,
ACTION OR CAUSE OF ACTIO]~ (1) ARISING HEREUNDER, OR (2) IN ANY WAY
CONNECTED WITH OR R~LATED OR INCIDENTAL TO THE DEALINGS OF
UNDERSIGNED, OR ANY ONE OF TH~M, AND LENDER WITH RESPECT HERETO, IN
EACH CASE WH,:THER NOW EXISTING OR HElq.EAFTER ARISING, AND WH~THE~
SOUNDING IN CONTRACT OP. TORT OR OTHERWISE; AND THE UNDERSIGNED
HEREBY AGREE AND CONSENT THAT ANY SUC~ CLAIM, DEMANDt ACTION OR
CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, A~D
THAT LENDER MAY PILE ;~/~ ORIGINAL COUNTERPART OR COPY OF THIS
SECTION WITH ANY COU~T .~ WRITTEN EVIDENCE OF THE CONSENT OF TH
UNDERSIGNED TO THE WAI~qi~ OF THEIR RIGHT TO TRIAL BY ~IRY.
WITNESS, the due e:~ecution hereof on the day and year firzt
above%r ridden.
WITNESS:
/
Z25 aSSOCIATES, a Pen~s~lvanla
BY:
GORDON K. B~F,~.~
5
WITNES
/
WITNESS:
HASBROUCK S. WRIGaT ~_]
)
COUNT~ OF ~0 ~-- )
SS:
On t-his date, befog:re ms a Notary Public, personally appeared
Hasbrouck $. Wright kno%~n to me or satisfactorily proven to be the
parson whose name is sub:~scribed to this instrument and acknowledge~
that he executed the sa~e. If this person's name is subscribed in
a representative capacity, i~ is for t/%e principal named and in the
capacity indicated.
WHO IS P~R$ONALLY KNOWN TO ME.
My Commission Ex~ires:
10
STATE OF pENNSYLVANIA:
:
COUNTY OF DAUPHIN :
SS:
On this lm= day of ~ril, 1993, before me, a No=~y
~blic, the un~ersigne¢l, officer, personally appeared Gordon K.
Bm~zhoff, Sr., Gordon K. Banzhoff, ~. and Jona~an F. H~d,
to me or satisfactorily proven to be ~e p~sons ~ose
are s~scrib~ t~ ~i~ instr~ent, ~at ~ey ~e ~e
qeneral p~tners of 22~; A~s~iates, a Pe~sylvania g~al
par=nership, and ackno~,ledged ~a= ~ey executed =he ~e for
pu~oses contained =herein.
Nota~ Public
My Commission Expires:
R~r~T ~ ZIEOLER
RECORDER OF DEEDS
CUM~ERL~.ND COUNTY-P~
MORTGAGE ~ BECURI'Ty AGR~--F,.~-I~1'I'~3 ~iPR 20 PR 12 OS
THIS MORTGAGE AND SECURITY AGREEMENT ("Mortgage") is made this
i~F~ day of A~F;~ , 1993, between GORDON K. Bi%NZMOFF, JR. AND
KIMBERLY 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").
W 'r T N E S B E T H**
WHEREJ~S, Mortgagor Gordon K. Banzhoff, Jr., Gordon K.
Banzhoff, Sr., Jonathan F. Hand and Hasbrouck S. Wright, trading as
225 Associates, a Pennsylvania general partnership have executed
and delivered to Lender a certain Term Note, dated March 30, 1993,
in the original principal amount of $75,616.36 ("Term Note"); and
WHERe, 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, hereditaments 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"
oo 1128 Ac[ 14(1
MORTGAGORS represent, warrant, covenant and agree that:
FIRST: Mortgagors will pay or 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~4~'~,~ml~ranted
to -~, ~.~¢eTh~,¢~J.~=("First Mortgage"), as set forth in a
certificate of title of Wix, Wenger & Weidner, dated /~! ,
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 pay or 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
141
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, either 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
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 subject 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.
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 shall fail to so comply, Mortgagee may declare the
Mortgage to be in default. Mortgagors 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
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 agreements
contained herein shall bind the successors and assigns 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.
oo, ii2B 145
TWENTIETH: In recognition of the higher costs and delay which
may result from a jury trial, the Mortgagors, or any one 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 any one 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 any one 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 a~o~written.
/
WITNESS:
RECETPT OF ~. TRUE COPY OF THIS INSTRU)IERTv PROVIDED WITHOUT CH~W. GEv
T8 HEREBY ~,CKNOWLEI~ED.
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ~C~-kO~-cA )
this, the~day of~?~ , 1993, before me,
On
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.
My Commission Expires:
~ Paxton Twp., Dai~hin County
~,ty ,,omrniss~n E,'q:~lres July 12,1993
Notary Public
8
- 1128 147
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
CO TY OF CD
SS:
On this, the\~day of~k~
, 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.
Penn Bank, hereby certify that the precise residence of Mortgagee
is 349 Union Street, Millersburg, Pennsylvania 17061.
COMMONWEALTH OF PENNSYLVANIA
SS:
Recorded in the Office of the Recorder of Deeds in and for
said county, on the ~ day of ~ , 1993, in
~oo~vo~. //~ .~e,¢ ~
WITNESS my hand and seal of said office the day and year
aforesaid.
Recorder
10
EXHIBIT
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.
?At 150
MID PENN BANK
Vs.
Plaintiff
GORDON K. BANZHOFF, JR.
KIMBERLY S. BANZHOFF;
husband and wife,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. Ol-
;
:
: CIVIL ACTION - LAW
To: Gordon K. Banzhoff, Jr. and Kimberly S. Banzhoff, Defendants
You are hereby notified that on 1~2_~, 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: _t~t'~ ,,,2~e ~! -~t Prothonot~try'~
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, Jr.
245 25~ Street
Camp Hill, PA 17011
Kimberly S. Banzhoff
632 Devon Road
Camp Hill, PA 17011
Christian S. tS'aghir, E~ -'
Attorney for Mid Penn Bank
A Gordon K. Banzhof. Jr. and Kimberly S, Banzhoff, Defendido/a
Defendidos/as
Por este medio se le esta notificando ue el __ de del 2001,
el/la siguiente (Orden), (Decreto), (Fallo) ha sido anotado en contxa suya en el caso mencionado
en el epigrafe.
FECHA:
Protonotario
Certifico clue 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.
245 254 Street
Camp Hill, PA 17011
Kimberly S. Banzhoff
632 Devon Road
Camp Hill, PA 17011
12hri-stian'S. lf-a~ir~ F.~
Abogado del Demanda~e
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
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, KIMBERLY S. BANZHOFF,
632 Devon Road, Camp Hill, PA 17011,
AND
PNC BANK, 2101 Market Street, Camp Hill, PA
1701~ Garnishee
TO THE PROTHONOTARY OF THE SAID COURT:
: ( ) Confessed Judgment
: ( ) Other
: File No. 01-6t88
: Amount Due $55,916.67
: Interest from 10/8/01 to
: Atty's Corem
: Costs
6/5/02 - $3,589.80
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 County. PA. as
Cour~ty,
described in Exhibit "A" attached hereto and made a part hereof.
PRAECIPE FOR A'I-i'ACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County., for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
All checking, savings and other depository accounts, including but not limited to
Checking Account No. 5001985748.
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
lispend s ai t real/est~t~fthe
__¢~ (Indicate)Index this writ against the garnishee(s)as a X ~ ~.~~_,~ ,
defendant(s) described in the attached exhibit.
Date June 13 , 2002 Signature: ~ri~ S. Dagh~r~squire
Print Name:
Address: 105 N. Front Street
Harrisb,ur~. PA 17101
Attorney for:
Plaintiff
Telephone:
Supreme Court ID No.:
(717) 234-5600
47741.
(over)
Notes:
If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
~LL THAT C~RTAIN lot of land situate Ln the Borough of C~p
Hill, County of C~herland and Commonwealth% of Pennsylvania, more
pa~icularly bounded and described as follows, to wit:
BEGINNING at a point on t-he westerly line of the circle at
northern end of Devon Road, at the southerly line af l~uds now or
late of Earl W. Eichelberger and Dorothy Eichelberger, his wife;
thence southwardlv along said circle, by a curve to tJ~e left a
radius of 50 feet,-an arc distance o~ 44.45 feet to a point; thence
atonq the western line of Devon Road, Scull 20 degrees, .=0 minutes
East, 25 feet to a ocint; t~hence South 73 degrees, 17 minutes West,
along the norther--. 'line of Lot No. 18, on the hereinafter mentioned
plan, 292.22 feet to a point; thence a!on9 lands now cr late of
Elmer T. Schim~e! and Marquerita H. Sckim~e!, his wife, North 28
degrees, 33 minutes West, 190.11 feet to a point; thence by lands
now or late or fc_--merly of Earl and Dorothy Eichelberqer, South 83
degrees, 50 minutes East, 328.!5 feet tc the place 'cf BEG._'.N-NiNG.
BEING the g-=~*=~ part of Lot No. 17 and a small portion cf
Lot No. !6 on the Plan of Country Club He~-?hts, said _'-!an being
recorded in the Office of the Recorder cf Deeds in. and for
C~heriand County in Plan Book 4, Page 70.. as surveyed..by D.P.
Raffansperger, Registered Surveyor, June 5, !9~8.
HAVING thereon erected a brick and a?~-~inu~n dwell:n? kuow~ as
632 Devon Road.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-6188 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - 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 I-III& PA 17011 AND KIMBERLY
S. BANZItOFF, 632 DEVON ROAD, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE KNOWN
AS 632 DEVON ROAD, CAMP HILL, CUMBERLAND COUNTY, PA AS DESCRIBED IN
EXItIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of PNC BANK, 2101 MARKET STREET, CAMP HILL, PA 17011, GARNISHEE - ALL
CHECKING, SAVINGS AND OTHER DEPOSITORY ACCOUNTS, INCLI~IDING BUT NOT
LIMITED TO CHECKING ACCOUNTS NO. 5001985748.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnighee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is foUnd in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he'she has been added as a
garnishee and is enjoined as above stated.
Amount Due $55,916.67
Interest FROM 10/8/01 TO 6/5/02 - $3,589.80
Atty's Comm %
Atty Paid $32.50
Plaintiff Paid
Date: JUNE 18, 2002
(Seal)
REQUESTING PARTY:
Name CHRISTIAN S. DAGHIR, ESQUIRE
Address: 105 N. FRONT STREET
HARRISBURG, PA 17101
Attorney for: PLAINTIFF
Telephone: 71%234-5600
Supreme Court ID No. 47741
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Deputy
MID PENN BANK
Plaintiff
Vs.
GORDON K. BANZHOFF, JR. and
KIMBERLY S. BANZHOFF,
husband and wife,
and
PNC BANK,
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6188 CIVIL TERM
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, 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, Jr., 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
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:
Sworn and subscribed to
before me this ~ day
of June, 2002.
Christian S. Daghir, Esquire
105 North From Street
Harrisburg, PA 17101
(717) 234-5600
Attorney for Plaintiff
Notary Public
MID PENN BANK,
Plaintiff
VS.
GORDON K. BANZHOFF, JR. and
KIMBERLY S. BANZHOFF,
Husband and Wife,
and
PNC BANK,
Garni.~hees
: Court of Common Pleas
: of Cnmberland 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
certify that I served a copy of the Notice of Defendant's Rights in the above-captioned matter upon
Gordon K. Banzhoff, Jr. of 245 25t~ 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.
ETZW ~J~E~r~ASSOCIATES
By: / [¢L~{~~
k~firistian S~. Da~h~, E~.J
Ct. I.D. No. 7~41
Supreme.
105 North Front Street
Harrisburg, PA 17501
(717) 234-5600
Earl Richard Etzweilcr
Christian S. Daghir
ETZWEILER AND ASSOCIATES
ATTORNEYS-AT-LAW
105 NORTH FRONT STKEET
HARR.ISBURG, PA 17101
(717) 234-5600
HALIFAX LINE
(717) S96-3737
Fax Line: (717) 234-5610
November 28, 2001
2 West Main Street
Elizabethvill¢, PA 17023
(717) 362-8395
225 Market Street
Millersburg, PA 17061
(717) 692-2519
Gordon K. Banzhoff, Jr.
245 25th Street
Camp Hill, PA 17011
RE: Mid Penn Bank v. Banzhoff
No. 01-6188 Civil Term
Dear Mr. Banzhoff:
Please fred enclosed the Notice of Defendant's Rights regarding the above-captioned
action.
Very truly yours,
CSD:db
Christian S. Daghk
Eric.
· Complete Rems 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
2. Article Numb~ ~o~ Bm se~ce la~eO
Z 398 415 705
x
If YES, enter ~lh/er~dmss~
3. Service Type
JXCertilied Mail
[] Registered
[] Insured Mail
,,Express Marl
Return Receipt for Memllandise
lq C.O.D.
4. Restricted Delivery? (Extra Fee) 4~Yes
866L qo~eW '00gg u~o-4 Sd
PS Form 3811. July !.9~9 , Domestic Return Recelm
Earl Richard Etzweiler
Christian S. Daghir
ETZWEILER AND ASSOCIATES
ATTORNEYS-AT-LAW
105 NORTH FRONT STREET
HARRISBURG, PA 17101
(717) 234-5600
HALIFAX LINE
(717) 896-3737
Fax Line: (717) 234-5610
November 28, 2001
2 West Main Street
Elizabethville, PA 17023
(717) 362-8395
225 Market Street
Millersburg, PA 17061
(717) 692-2519
Kimberly S. Banzhoff
632 Devon Road
Camp Hill, PA 17011
RE: Mid Penn Bank v. Ba~zhoff
No. 01-6188 Civil Term
Dear Ms. Banzhoff.'
action.
Please f'md enclosed the Notice of Defendant's Rights regarding the above-captioned
Very truly yours,
CSD:db
En¢.
Christian S. Daghir
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delive~ 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 Addmssed to:
Kimberly S. Banzhoff
632 Devon Road
Camp Hill, PA 17011
!~ I-I Agent
[] Addressee
If YES, enter d ivd~.~y adcl[~ow: [] No
3.! Service Type
Certified Mail
Registered
i [] Insured Mail
[] Express Mail/
~Return Rece~lSt for Merchanclise
12 C.O.D. t/
4. Restricted Delivery? (Extra F~e) ,~es
2. Artic N ( R ~ 'e/vice label)
S66 t, qoJe~t ~ O0~S tmo4 $ d PS Form 381 1, JuLy 1999 Oomsstic Return Receip[ 1025'~5-00-M-0~52
NOTICE OF JUDGMENT AND EXECUTION REQUIRED BY RULE 2958.3
MID PENN BANK,
Plaintiff
VSo
GORDON K. BANZHOFF, JR. AND
KIMBERLY S. BANZHOFF,
husband and wife,
Defendants
and
PNC BANK,
Garn[qhee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Writ No./0t ~(P[~ Term 2001
No. 01-6188 Civil Term
Amount Due $55,916.67
CIVIL ACTION - LAW
Notice of Defendant's Rights
To: Gordon K. Banzhoff, Jr. and Kimberly S. Banzahoff
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 ~wit 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, Pennsylvania.
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 PLAINTIFF2
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON
WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY L'OSE 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.
Central Pennsylvania Lawyer Referral Service
213 A North Front Street
Harrisburg, PA 17101
1-800-932-0356
Christian S. Dagl~
Attorney for Plaintiffs
105 N. Front Street
Hamsburg, PA 17101
(717) 234-5600
MID PENN BANK,
Plaintiff
VS.
GORDON IC BANZHOFF, JR. AND
KIMBERLY S. BANZHOFF,
husband and wife,
Defendants
and
PNC BANK,
Garnishee
PETITION TO
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Writ No. Term 2001
No. 01-6188 Civil Term
Amount Due $55,916.67
CIVIL ACTION - LAW
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 tree and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification to authorities.
Notice of the hearing should be given to me at
Dated:
Slxeet Address
City, State
Telephone Number
Defendant
Defendant
INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
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, KIMBERLY 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 retait installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate originat proceeding fi[ed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writofexecutionin the above ma~ertothe Sheriff of Cumberland County,
for debt, interest and costs, upon the following described property of the defendant(s)
Real estate known as 632 Devon Road~ Camp Hi,I, Cumberland County. PA. as described
in Exhibit "A" attached hereto and made a part hereof.
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 defendant(s) in the possession, custody or control of the said garnishee(s).
~ (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
de fendant(s)described in the attached exhibit.
Date 3une c,~J,~ ?no? Christian S~aghir, Esquire
Signature:
Print Name:
Address:
105 N. Front Street
Attorney for:
Telephone:
Supreme Court ID No.:
Harri~bur~. PA
Plaintiff
(717) 234-5600
47741
(over)
Ar,L THAT C~TAIN lot of land situate in t_he Borough of Camp
Hill, County of Cumberland and Commonwealth of Pennsylvania, more
pa~icu!ar!y bcu~nded 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 l~nds now or
late of Earl W. Eichelberger and Dorothy Eichelberger, his wife;
thence southward!y 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, ~0 minutes
East, 2~ feet t~ a pcint; thence Sou~h 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. Schimme! and Marguerite H. Schimmel, his wife, North 28
degrees, 33 minutes West, 190.11 feet to a point; thence by lands
now or !ate or formerly of Earl and Dorothy Eichelberger, South 83
deqrees~ ~0 minutes East, 328.15 feet to the place of ~GI.N-NiNG.
BEING the greater part of Lot No. 17 and a small ~crticn cf
Lot No. 16 on the Plan of Country club Heights, said ~ian being
recorded in the Office of the Recorder cf Deeds~..~-.and for
Cumu:e ..... d County in Plan Bock 4, Page 70, as surveyed by D.P.
Raffansperger, Registered Surveyor, June 5, i955.
HAVING thereon erected a brick and aluminum dwelling kno.~ as
632 Devon Road.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-6188 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - 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 I-IILL, PA 17011 AND KIMBERLY
S. BANZHOFF, 632 DEVON ROAD, CAMP HILL, PA 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 fi.om
paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upun an subject to attachment is found in the possessinn
of anyune 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 L.L. $.50
Interest FROM 10/8/01 TO 6/5/02 - $3,589.80
Atty's Corem % Due Prothy $1.00
Ally Paid $32.00 Other Costs
Plaintiff Paid
Date: JULY 9, 2002
(Seal)
REQUESTING PARTY:
Name CHRISTIAN S. DAGHIR, ESQUIRE
Address: 105 N. FRONT STREET
HARRISBURG, PA 17011
Attorney for: PLAINTIFF
Telephone: 71%234-5600
Supreme Court ID No. 47741
CURTIS IL LONG
Prothono,~,~
Deputy
MID PENN BANK
Plaintiff
Vs.
GORDON K. BANZHOFF, JR. and
KIMBERLY S. BANZHOFF,
husband and wife,
and
PNC BANK,
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6188 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
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, 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, Jr., 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
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:
Sworn and subscribed to
before me this __ day
of June, 2002.
Christian S. Daghir, Esquire
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
Attorney for Plaintiff
Notary Public
MID PENN BANK
Plaintiff
Vs.
GORDON K. BANZHOFF, JR. and
KIMBERLY S. BANZHOFF,
husband and wife,
and
PNC BANK,
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
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.
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
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.
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 HAVE 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
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 30.00
Surcharge 30.00
Advertising 15.00
Posting Bills 15.00
Law Library .50
Prothonotary 1.00
Mileage 28.98
Levy 15.00
Certified Mail 9.75
Law Journal 288.65
Patriot News 212.95
Poundage 13.84
Postpone Sale 20.00
Share of Bills 25.40
$ 706.07
paid by attorney
03/03/03
Sworn and subscribed to before me So Answer:
This~4'~: dayof ~
( ~~ R. Thomas Kline, Sheriff
Prothonotary Real Esfate Deputy
MID PENN BANK
Plaintiff
Vs.
GORDON K. BANZHOFF, JR. and
KIMBERLY S. BANZHOFF,
husband and wife,
and
PNC BANK,
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6188 CIVIL TERM
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 tbllowing 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, 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, Jr., 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
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 verity 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:
Sworn and subscribed to
before me this ~ day
of June, 2002.
Christian S. Daghir, Esquire
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
Attorney for Plaintiff
Notary Public
MID PENN BANK :
Plaintiff :
:
Vs. :
GORDON K. BANZHOFF, JR. and :
KIMBERLY S. BANZHOFF, :
husband and wife, :
and :
PNC BANK, :
Garnishee :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 01-6188 CIVIL TERM
NOTICE OF SHERIFF'S SAI,E 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.
E~HIBIT
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 cr late of
Elmer T. Schimmel and Marquerita H. Schimme!, 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 know~ as
632 Devcn Road.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF pENNsYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-6188 Civil
CIVIL ACTION - 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, PA 17011 AND KIMBERLY
S. BANZHOFF, 632 DEVON ROAD, CAMP HILL, PA 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $55,916.67
Interest FROM 10/8/01 TO 6/5/02 - $3,589.80
Atty's Comm %
Arty Paid $32.00
Plaintif~ Paid
Date: JULY 9, 2002
(Seal)
REQUESTING PARTY:
Name CHRISTIAN S. DAGHIR, ESQUIRE
Address: 105 N. FRONT STREET
HARRISBURG, PA 17011
Attorney for: PLAINTIFF
Telephone: 71%234-5600
Supreme Court ID No. 47741
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothono~
Deputy
Real Estate Sale # 01
On August 8, 2002 the sheriff levied upon the
defendant's interest in the real property situated in
Camp Hill Borough, Cumberland County, PA
known and numbered as 632 Devon Road, Camp Hill,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: August 8, 2002
Real Estafe Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
Under ,~ 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:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th{) patriot-News and The
Sunday 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 securely 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, place 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 office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION /' ........................................................... ;;;;' A D
COPY ~_.~worn to and subscribed before m~e thi~.s 14th day of/November . .
Terry L. P~nty
Member. Pennsytvania Association Of No~es My commission expires June 6, 2006
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
$ 21 1.20
$ 1.75
$ 212.95
C
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
~vey~,, t958.
~AVI~ thereon erected a brick and aluminum
-~~,~,~..~
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the 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,
viz:
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 of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE 8ALE NO. 1
Writ No. 2001-6188 Civil
Mid Penn Bank
VS.
Gordon K. Banzhoff, Jr. and
Kimberly S. Banzhoff
Atty.: Christian Daghir
EXHIBIT 'A"
ALL THAT CERTAIN 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
SWORN TO AND SUBSCRIBED before me this
8 day of NOVEMBER, 2002_
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 min-
utes 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. Sehimmel 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 formerly of Earl and Doro-
thy 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 Of-
fice of the Recorder of Deeds in and
for Cumberland County in Plan Book
4, Page 70, as surveyed by D.P. Raf-
fensver~er. Registered Surveyor
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
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 min-
utes 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 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 formerly of Earl and Doro-
thy 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 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 thereon erected a brick
and aluminum dwelling known as
632 Devon Road.
MID PENN BANK,
Plaintiff
Vs.
GORDON K. BANZHOFF, JR. and
KIMBERLY S. BANZHOFF, husband
and wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6188 CIVILTERM
CIVIL ACTION - LAW
TO THE PROTHONOTARY:
Kindly mark the judgement in the matter above-captioned satisfied·
DATED:
February o~, , 2003
Christian S. Daghir, E~uire
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
Attorney for Plaintiff