HomeMy WebLinkAbout03-6449WILLIAM H. HOOKE, JR., MICHAEL A.
SIENKIEWICZ, JOY G. HOOKE,
ELIZABETH F. WILKINSON, and
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
WILLIAM W. WITKOSKI, d/b/a CIVIL TERM NO. -2003
LEBANON VALLEY MOBILE HOME -(nU ???`? 1;? 2 , M
PARK, a Pennsylvania General Partnership, : vv' l
Plaintiff : SPECIFIC PERFORMANCE
VS.
GORDON K. BANZHOFF, JR.,
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or
(800) 990-9108
WILLIAM H. HOOKE, JR., MICHAEL A.
SIENKIEWICZ, JOY G. HOOKE,
ELIZABETH F. WILKINSON, and
WILLIAM W. WITKOSKI, d/b/a
LEBANON VALLEY MOBILE HOME
PARK, a Pennsylvania General Partnership,
Plaintiff
VS.
GORDON K. BANZHOFF, JR.,
Defendant
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL TERM NO. -2003
SPECIFIC PERFORMANCE
AVISO
WILLIAM H. HOOKE, JR., MICHAEL A. COURT OF COMMON PLEAS
SIENKIEWICZ, JOY G. HOOKE, OF CUMBERLAND COUNTY
ELIZABETH F. WILKINSON, and
WILLIAM W. WITKOSKI, d/b/a CIVIL TERM NO. -2003
LEBANON VALLEY MOBILE HOME
PARK, a Pennsylvania General Partnership, :
Plaintiff : SPECIFIC PERFORMANCE
VS.
GORDON K. BANZHOFF, JR.,
Defendant
AVISO
USTED HA SIDO DEMANDADO EN LAW CORTE. Si usted desea defendrse
de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20)
dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar
comparecencia esrita en persona o por obogado y presentar en la Corte por escrito sus
defensas o sus objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y law Corte
puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en
la demanda o por cualquier otra queja o compensacion reclamados por el Demandante.
USTED PUEDE PERDER DINERO O PROPIEDADES U OTROS DERECHOS
IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI
USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA
OFICINA EN LA DIRECCION ESCRITA AGAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or
(800) 990-9108
WILLIAM H. HOOKE, JR., MICHAEL A.
SIENKIEWICZ, JOY G. HOOKE,
ELIZABETH F. WILKINSON, and
WILLIAM W. WITKOSKI, d/b/a
LEBANON VALLEY MOBILE HOME
PARK, a Pennsylvania General Partnership,
Plaintiff
vs.
GORDON K. BANZHOFF, JR.,
Defendant
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL TERM NO. QJ- (044q - 2003
SPECIFIC PERFORMANCE
COMPLAINT
AND NOW, comes the Plaintiff, by and through its counsel, Steven J. Fishman,
Esquire of the law firm of Salzmann, Hughes & Fishman, P.C., and files this Complaint
as follows:
Plaintiffs are the current partners in a certain general partnership with a
registered fictitious name of Lebanon Valley Mobile Home Park
(hereinafter referred to as the Plaintiff or the "Partnership"). A copy of the
Partnership Agreement is attached hereto and incorporated herein by
reference thereto as Exhibit "A".
2. Defendant is an adult individual residing at 245 North 25th Street, Camp
Hill, Pennsylvania 17011.
On February 18, 1987, the Plaintiffs purchased a certain tract of land
together with improvements therein situate in Bethel Township, Lebanon
County, Pennsylvania, which deed is recorded in Lebanon County Record
Book 233, Page 791, a copy of which is attached hereto and incorporated
herein as Exhibit "B".
4. By Articles of Agreement dated February 15, 1988, Defendant assigned a
five (5%) percent interest in the Partnership to the remaining partners,
leaving Banzhoff with a fifteen (15%) percent interest in the said
Partnership. A copy of the said Agreement is attached hereto and
incorporated herein by reference thereto as Exhibit "C".
5. On September 10, 1991, the Defendant entered into a certain Partnership
Assignment Agreement by which Defendant transferred and assigned his
remaining 15 percent (15%) interest in the Partnership to Michael A.
Sienkiewicz, one of the current partners. A copy of said Agreement is
attached hereto and incorporated herein by reference thereto as Exhibit
«D„
6. All monies due Defendant under the hereinabove related Partnership
Assignment Agreements (Exhibits "C" and "D") have been paid in full.
7. Plaintiff, on August 26, 2003 and on various other occasions, has
requested Defendant to execute and deliver to Plaintiffs a deed which
inter. alia acknowledges the reconveyance of the interest of Defendant in
the real estate further described in Paragraph 2 hereof in accordance with
the requirements of the Partnership Assignment Agreements (Exhibits "C"
and "D"). A copy of such proposed Deed is attached hereto and
incorporated herein by reference thereto as Exhibit "E".
8. Defendant has refused to execute and deliver the required deed.
9. Plaintiff has and will continue to suffer great damage and inconvenience
from Defendant's refusal to execute and deliver said Deed in that such
refusal precludes Plaintiff's ability to refinance or to convey the real estate
described in Exhibit "B".
WHEREFORE, Plaintiff requests this Honorable Court issue an Order requiring
Defendant to execute and deliver to Plaintiff the Deed attached hereto as Exhibit "E" or
in the alternative, upon Defendant's failure to execute said Deed, to direct that a copy of
said Order be forthwith recorded in the Office of the Recorder of Deeds of Lebanon
County, transferring all of Defendant's interest in the subject property to Plaintiff.
R e, 1 -- "? Uuii.ied. -
L ?
Steven J. Fishman, Esquire, #16269
SALZMANN, HUGHES & FISHMAN, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
Attorney for Plaintiffs
VERIFICATION
I, MICHAEL A. SIENKIEWICZ, one of the Plaintiffs in this action hereby state
that the statements of fact made in the foregoing Complaint are true and correct to the
best of my information and belief. The undersigned understands that the statements
herein are made subject to the penalties of 18 Pa.C.S.A. §4904 related to unsworn
falsification to authorities.
Date: /-3
'. eel-'
?s i •
THIS AGREEMENT made this rday of r"?" / , 1987, by and
between WILLIAM H. HOOKE, JR., GORDON K. BANZHOFF, WILLIAM WITKOSKI and GORDON
K. BANZHOFF, JR. all of the Commonwealth of Pennsylvania,
WITNESSETH:
1. Purpose. The parties above referenced hereby form a general
partnership for the purpose of the acquisition, leasing, and maintenance of
real property and related activities. The principal office of the business
shall be situate at P.O. Box 3391 Camp Hill, PA, or at such other location as
the parties shall mutually desire.
2. Term. The partners recognize that the partnership shall continue
until terminated as herein provided.
3. Capital. The capital of the partnership shall consist of all the
assets, related to and used in the operation of the partnership business. The
initial capital accounts of the partners shall be equivalent to the following
interests in the capital of the partnership:
William H. Hooke, Jr. 30%
Gordon K. Banzhoff 30%
William Witkoski 208
Gordon K. Banzhoff, Jr. 208
Any and all assets to be transferred or acquired by the partnership in
the future as capital shall be held in the same proportions as set forth
above.
4
None of'the partners of the partnership shall withdraw any part of his
capital account. If the capital account of a partner becomes impaired, his
share of acquired partnership profits shall be first credited to his capital
account until that account, or the share thereof attributable to said partner,
has been restored, before such profits are credited to his income account.
4. Profits and Loss. The net profits or losses of the partnership
shall be divided among the partners in accordance with their capital interest
described in paragraph 3 herein. A separate income account for the
partnership shall be charged or credited to each partner in the aforesaid
proportions set forth above.
5. Withdrawal of Profits. The partners shall have the right to
withdraw their shares of partnership net profits at such times during the year
as the partners owning at least 51% of the partnership and not in default
hereunder shall determine. All withdrawals of profits shall be made in the
ratio of the partners' capital accounts as set forth in paragraph 3.
6. Management. Management decisions shall be made by those partners
not in default under this agreement owning 51% or more of the partnership.
7. Interest. No interest shall be paid on the initial contributions
to the capital of the partnership or on any subsequent contributions of
capital unless one or the other partners makes a loan to the partnership, and
then interest shall be paid as mutually agreed.
8. Books. The books of the partnership shall be maintained at the
principal office and shall be kept on such accounting basis as the partners
i
may determine from time to time. Each partner shall have access to said books
at all times.
9. Restrictions, No partner shall, without the consent of the other
partners, endorse any note, or act as an accommodation party or otherwise
became surety for any person. Without the consent of the other partners, no
partner shall, on behalf of the partnership, borrow or lend money or make,
deliver or accept any commercial paper, or execute any mortgage security
agreement, bond or lease, or purchase or contract to purchase, or sell or
contract to sell any property for or of the partnership other than the type of
property bought and sold in the regular course of business. No partner shall,
except with the consent of the other partners, assign, mortgage, grant a
security interest in, or sell his share in the partnership or in those capital
assets or property, or enter into any agreement as a result of which any
person shall became interested with him in the partnership, or do any act
detrimental to the best interests of the partnership or which would make it
impossible to carry on the ordinary business of the partnership. Provided,
however, that any partner may obligate the partnership for the purchase of
supplies or services used in the partnership business not in excess of
$500.00.
10. Voluntary Dissolution. The partnership may be dissolved at any
time by decision of the partners owning at least 51% of the partnership and
not in default under this agreement, in which event the partners shall proceed
with reasonable promptness to liquidate the business of the partnership. The
t. r
assets of the partnership shall be used and distributed in the following
order:
a. to pay or provide for the payment of all partnership
liabilities and liquidation expenses and obligations;
b. to equalize the income accounts of the partners;
C. to discharge the balance of the income accounts of the
partners;
d. to equalize the capital accounts of the partners;
e. to discharge the balance of the capital accounts of
the partners;
11. Retirement. Any partner shall have the right to retire from the
partnership at arry time. Written notice of the intention to retire shall be
served upon the other partners. The retirement of any partner shall have no
effect upon the continuance of the partnership business. The remaining
partners shall have the right either to purchase the retiring partner's
interest in the partnership or to terminate and liquidate the partnership
business. If the remaining partners elect to purchase the interest of the
retiring partner, they shall serve notice in writing of such election upon the
retiring partner at the office of the partnership within thirty (36) days
after receipt of his notice of intention to retire. If the remaining partners
elect to purchase the interest of the retiring partner in the partnership, the
purchase price and method of payment shall be the same as stated in paragraph
12 with reference to the purchase of decedent's interest in the partnership.
1 w yy
If the remaining partners do not elect to purchase the interest of the
retiring partner in the partnership, the partners shall proceed with
reasonable promptness to liquidate the business of the partnership. The
procedure as to liquidation shall be the same as stated in paragraph 10 with
reference to voluntary dissolution.
12. Death. Upon the death of any partner, the surviving partners
shall have the right either to purchase the interest of the decedent in the
partnership or to terminate and liquidate the partnership business. If the
surviving partners elect to purchase the decedent's interest, they shall serve
notice in writing of such election within thirty (30) days after the death of
the decedent upon the executor or administrator of the decedent's estate, or,
if at the time of such election, no legal representative has been appointed,
upon any one of the known legal heirs of the decedent at the last known
address of such heir.
If the surviving partners elect to purchase the interest of the
decedent in the partnership, the purchase price shall be equal to the
decedent's capital account on the date of his death, adjusted as hereinafter
provided. The decedent's capital account shall be increased by his share of
retained partnership profits for the period from the beginning of the year in
which death occurred until the date of death. The assets of the partnership
shall be taken at a value determined by two campetent appraisers, one selected
by the decedent's estate and one selected by the surviving partners. Said
value shall be the mean value of the two appraisals. The consideration shall
be paid to the decedent's estate within 90 days from the date of receipt of
4V?a
the last appraisal or at such time and in such manner as the decedent's
representative and the surviving partners shall agree.
If the surviving partners do not elect to purchase the interest of the
decedent in the partnership, they shall proceed with reasonable promptness to
liquidate the business of the partnership. The surviving partners and the
estate of the deceased partner shall share in the profits and losses of the
business during the period of liquidation, except that the decedent's estate
shall not be liable for losses in excess of the decedent's interest in the
partnership at the time of his death. No compensation shall be paid to the
surviving partners for their services in liquidation. Except as herein
otherwise stated, the procedure as to liquidation and distribution shall be
the same as stated in paragraph 16 with reference to voluntary dissolution.
13. Assignment of Partnership Interest. In the event any partner
shall desire to assign his interest in the partnership to any other person he
shall present the remaining partners with the terms and conditions of any
agreement to assign such interest which he desires to accept. Upon receipt of
such offer the remaining partners shall have the following options:
1. To purchase prorata the interest of the partner upon the same
terms and conditions as in the offer. In such event the remaining partners
shall give notice to the withdrawing partner of their intent to so purchase
his interest within thirty (30) days of receipt of the notice hereinabove
provided for and shall pay withdrawing partner in accordance with the terms
and conditions of the aforementioned offer.
2. To allow the assigrment of the partnership interest. Any new
partner admitted to the partnership shall be bound by all terms and conditions
of this Agreement.
3. To dissolve the partnership and distribute the assets of the
partnership as provided herein for the voluntary dissolution of the
partnership.
14. Banking. All funds of the partnership shall be deposited in its
name in such checking account or accounts as shall be designated by the
partners. All withdrawals therefrom are to be made upon checks signed by
two of the partners designated by proper signature cards with said banking
institution.
15. Invalid Provisions. If any provision of this agreement shall be
binding upon the parties hereto, their heirs, administrators, successors or
personal representatives, and benefits herefram shall inure to the respective
partners in the same manner.
.,; .1 i
4' • •
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first above written.
WITNESS:
EAL)
(SEAL)
(SEAL)
PA WARRANTY DEED-I, °" •.
rtiude the C> day of
Xineteen hundred and eighty-Seven (1987)
VQtwrjnt DALE E. YINGST and BARBARA R. YINGST, his wife, of
the Borough of Middletown, County of Dauphin and Commonwealth
of Pennsylvania, hereinafter referred to as "GRANTORS",-----
AND
WILLIAM H. HOOKE,JR., GORDON K. BANZHOFF, WILLIAM W. WITKOSKI
and GORDON K.BANZHOFF,JR., a partnership
&itTtrr.'srdj,T'hut in consideration of Five Hundred Sixty-Five Thousand
------------------------- ($565,000.00)---------------- Dollars,
in hand paid, the receipt whereof is hereby ueknowledged, the said grantor s do hereby grant
and convey to the said grantee ,
MI THAT CERTAIN messuage, tenement, and tract of land situate
in the Township of Bethel., County of Lebanon and Commonwealth of
Pennsylvania, bounded and described as follows, to wit:
TRACT NO. 1:
BEGINNING at a point at the intersection of a public road leading
from Fredericksburg to Mt.Zion, with a public road leading from
Mt. Zion to Jonestown; thence in and along said last mentioned
public road leading from Mt. Zion to Jonestown, due west 11 perches
to a stone in the same; thence in and along the same south 82 degrees
west 44.1 perches to an iron pin; thence by lands now or late of
Mrs. Emma Fink , north 05 degees east 41 perches to a point; thence
by land now or late of William M. Glick and along the first mentioned
public road south 81 degrees east 51.9 perches to a point, a stone
in said public road; thence in the middle of said public road and
land now or late of Seranus Thierwechter, south 01 degree east
26.3 perches to a point in the middle of the public road leading
from Mt. Zion to Jonestown, the place of BEGINNING. Containing
13 acres 16 perches, more or less.
BEING the same premises which Dale E. Yingst and Barbara R. Yingst,
his wife and Gurney L.Bender and Mary M. Bender, his wife and Dale
J. Bender and gloria I. Bender, his wife by Deed dated August 6,
1970, recorded August 7, 1970 in the Recorder of Deeds Office,
Lebanon County, Pa., in Deed Book 82, a e 917, granted and conveyed
Aj
unto Dale E. Yingst, Grantor herein.
TRACT NO. 2:
BEGINNING at a stone in the Public Road leading from Jonestown
to Myerstown; thence along the middle of said Road and along land
of the grantee herein, East eleven perches (E. 11) to a stone,
in the said public road; thence by land late of Charles F. Moyer
and Helen L. Moyer, South one degree East (S. 10 E.), twenty-three
and four tenths (23.4) perches to a stone; thence by land of David
A. Buffamoyer and Erma A. Buffamoyer, his wife, South eighty-two
and one quarter degrees West, (S. 824° W.), twelve (12) perches
to a stone; thence by the same North one and one quarter degrees
East (N. 1;° E.), twenty-five (25) perches to the Place of BEGINNING.
CONTAINING one (1) acre and one hundred seventeen (117) perches.
BEING the same premises which Jacob H. Bross and Ruth D. Bross
by deed dated October 5, 1972 and recorded in the office of the '
Recorder of Deeds in and for Lebanon County in Deed Book 101, Page
363 granted and conveyed to Dale E. Yingst, Grantor herein.
AN111{II the said grunlor s , do
conveyed,
herebyb&Yitmni specially Ilic property here by
3n [ilurs$ emits o said druntuS have hereunto set their /tend and
seals the day and year first above written.
?iuuel, S??le?+ ttu?t?rlibnrr•?t
'In thnp
? tramro of
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i"
Dale E.Yingsf
-' ??/?/? rte! ? -
Barbara R. Yrvngs?
low,
zwf P"
OIL this, the101111 day uft,?tf?.??itl- 1987, before me a Notary Public
the undersigned officer, personally appeared Dale E. yingst and Barbara R. Yingst,
his wife
known to ncc (or satisfactorily proven) to be the persons whose name are subscribed to the within
instrument, and acknowledged that they executed the same for the purpose therein contained.
IN WITNESS WHEREOF, Lhave hereunto set my hand and notarial sea[,
GpMMiSSiON Eatp?
'to
Notary Public
A ifirrebv (rrr tofu, that the precise uddress of the grantee herein is
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?'?'?G???tta?x?) on llzz s daz/ Of ' -Y ! 1.9 _
in the Recorders t ffice of said Counti,-
In Di,-ED 910 71c :1401. PA(;F,
Given under mvhand and seal of1he sazd cff'c•e
o the date above ivriden.
ARTICLES OF AGREEMENT
THIS AGREEMENT entered into this )0- day of_? , 1988 by
and between William H. Hooke, Jr., Gordon K. Banzhoff, William Witkoski and
Gordon K. Banzhoff, Jr.,
WITNESSETH:
WHEREAS, the parties hereto have heretofore formed a partnership by
Partnership Agreement dated February 18, 1987 for the purpose of acquisition
of real property and related activities; and
WHEREAS, Gordon K. Banzhoff, Jr. (hereinafter called "Assignor")
desires to sell and assign a five percent (59.) interest in said partnership to
the remaining partners (hereinafter collectively called "Assignees") under
certain terms and conditions.
NOW THEREFORE, in consideration of the sum of Seventy-five hundred and
00/100 (;7,500.00) Dollars, receipt whereof is hereby acknowledged, Assignor
does hereby assign to Assignees a five percent (5%) interest in the
partnership, retaining a fifteen percent (159.) interest in said partnership.
Assignees hereby acknowledge and accept said assignment of interest,
to be shared among them in the same proportion as their present interest in
said partnership.
The parties hereby acknowledge that the assignment is in full
conformity with the terms of the Partnership Agreement.
L
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals this tlr? day of F r , 1988, intending to be legally bound
hereby.
WITNESS:
A IU1 u, • t 1/,4- r
William H. Hooke, Jr.
Gordon K. Banzhoff
William Witkoski
-,/X
Gordon K. Banzhoff, Jr.
ASSIGNMENT AGREEMENT
We, the undersigned, being all of the partners of a certain
partnership organized under authority of a Partnership Agreement dated January
2, 1987, and having purchased a certain parcel of improved real estate situate
in the Township of Bethel, Lebanon County, Pennsylvania, which property has
been properly mortgaged to Mid Penn Bank by mortgage dated February 23, 1990,
in the amount of $760,000 and recorded in the office of the Recorder of Deeds
of Lebanon County, intending to be legally bound hereby do agree as follows:
1. Gordon K. Banzhoff, Jr. (Banzhoff) shall have the right to
transfer and by these presents does.hereby transfer a4 assign, his fifteen
percent (158) right, title and interest in and to the partnership, subject to
the outstanding mortgage obligations of the partnership to Mid Penn Bank to
Michael A. Sienkiewicz (Sienkiewicz), who shall thereupon be admitted by
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substitution to the partnership and shall be subject to all rights and
responsibilities thereof as provided in the Partnership Agreement dated
February 18, 1987.
2. Banzho:d hereby warrants that he is the sole owner of the
partnership interest tolbe'trarisferred, free and clear of any liens,
encumbrances or pledges and further warrants that with the exception of the
pending D.E.R. compliance action, he is not aware of any other adverse
conditions substantially affecting the partnership or property owned by it.
t
3. In consideration of the aforesaid transfer of partnership
interest, Sienkiewicz hereby
the sum of $22,500.00 less
A
15% of any amounts which shall be due to PA. D.E.R. resulting from the
existing enforcement action against the partnership. For purposes hereof any
consent agreement to such civil penalty to D.E.R. shall be valid if approved
by those partners owning a majority interest in the partnership. The payment
hereunder shall be due and payable as follows: $6,000.00 upon execution
hereof, receipt of which is hereby acknowledged and the balance due within
twelve (12) months, without interest.
4. It is understood that the assignment of partnership interest
herein contained shall be effective for all intents and purposes including
reporting for tax purposes as if completed on January 1, 1991, and Sienkiewicz
shall be entitled to and subject to all rights and responsibilities with
respect to the partnership as if said transfer was completed as of said date
and as if Sienkiewicz was an original signatory of the aforementioned
Partnership Agreement. r
5. The parties hereto, by execution hereof, confirm the matters
herein contained and acknowledge that the said Partnership Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, intending to be legally bound hereby the
parties have hereunto set their hands and seals this 1 day of
1991. .
WITNESS:
Wi H. WO 2(S
EAL)
Gordon K. r.
„-..,_.. (SEAL)
Michael'A. Sienkiewicz
M?.
Ffa
zh' f t; )
7 i SEAL)
r
Abi
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19bio 33eeb
THIS DEED made this _ day of . 2003.
BE,TfIWILLIAM H. HOOKE, JR., GORDON K. BANZHOFF, WILLIAM
W. WITKOSKI and GORDON K. BANZHOFF, JR., a partnership.
hereinafter called
"GRANTORS".
zaNU WILLIAM H. HOOKE, JR., MICHAEL A. SIENKIEWICZ, JOY G.
HOOKE, ELIZABETH F. WILKINSON & WILLIAM W.
WITKOSKI, a Penns} Ivania general partnership. hereinafter called
"GRANTEES":
W ITNESSETH:
That in consideration of ONE AND 00/100 ($1.00) Dollar, in hand paid, the receipt
whereof is hereby acknowledged, the Grantors do hereby grant and convey to the said
Grantees. their successors and assigns:
ALL that certain messuage, tenement. and tract of land situate in the Township of Bethel.
County of Lebanon and Commonwealth of Pennsylvania. bounded and described as
follows, to wit:
TRA('T NO.
BEGINNING at a point at the intersection of a public road leading from Fredericksburg
to Mt. Zion, with a public road leading from Mt. Zion to Jonestown. thence in and along
said last mentioned public road leading from Mt. Zion to Jonestown. due West 11 perches
to a stone in the same: thence in and along the same South 82 degrees West 44.1 perches
to an iron pin: thence by lands now or formerly of Mrs. Emma Fink. North 05 degrees
East 41 perches to a point: thence by land now or I n'merly of William M. Glick and
along the first mentioned public road South 81 degrees Last 51.9 perches to a point. a
stone in said public road: thence in the middle of said public road and land now or late of
Seranus fhicrwechter. South 01 degree Fast 26.3 perches to a point in the middle of the
public road leading from Mt. Zion to Jonestown, the place of BEGINNING.
CONTAINING 13 acres 16 perches. more or less.
TRACT NO. 2:
BEGINNING at a stone in the Public Road leading from Jonestown to Myerstown;
thence along the middle of said Road and along land now or formerly of the Grantor
herein, East eleven perches (E. 11) to a stone, in the said public road; thence by land late
of Charles F. Moyer and Helen L. Moyer, South one degree East (S. V E.), twenty-three
and four tenths (23.4) perches to a stone; thence by land now or formerly of David A.
Buffamoyer and Erma A. Buffamoyer, his wife, South eighty-two and one quarter
degrees West, (S. 82'/4 W.), twelve (12) perches to a stone; thence by the same North
one and one quarter degrees East (N. 1'/4' E.), twenty-five (25) perches to the Place of
BEGINNING. CONTAINING one (1) acre and one hundred seventeen (117) perches.
BEING the same premises which Dale E. Yingst and Barbara R. Yingst, his wife, by
their Deed dated February 18, 1987 and recorded in the Office of the Recorder of Deeds
in and for Lebanon County in Record Book 233, Page 791, granted and conveyed unto
William H. Hooke, Jr., Gordon K. Banzhoff, William W. Witkoski and Gordon K.
Banzhoff, Jr., a partnership, Grantors herein.
This conveyance is not subject to the Pennsylvania Realty Transfer Tax as it reflects only
the addition and deletion of partners to a partnership who own the same share of the real
estate as their interest in the partnership, the business purposes of which have not
changed and where all partners have held their interest in the partnership for a period in
excess of two (2) years.
AND the Grantors hereby covenant and agree that they will warrant specially the
property hereby conveyed.
IN WITNESS WHEREOF. said Grantors, have hereunto set their hands and seals the
day and year first above written.
Signed. Sealed and Delivered
In the Presence of
GORDON K. BANZHOFF, JR.
WILLIAM H. HOOKE, JR.
WILLIAM W. WITKOSKI
GORDON K. BANZHOFF
COMMONWEALTH OF PENNSYLVANIA )
:ss.
COUNTY OF )
On this, the _ day of , 2003, before me, the undersigned
officer, personally appeared GORDON K. BANZHOFF, JR., known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument.
and acknowledged that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
:ss.
On this, the _ day of , 2003, before me, the undersigned
officer, personally appeared WILLIAM H. HOOKE, JR., known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument.
and acknowledged that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
:ss.
On this, the _ day of , 2003, before me. the undersigned
officer, personally appeared WILLIAM W. WITKOSKI, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA )
:ss.
COUNTY OF )
On this, the _ day of , 2003, before me. the undersigned
officer, personally appeared GORDON K. BANZHOFF, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument. and
acknowledged that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
I do hereby certify that the precise residence and complete post office
address of the within named Grantees is:
Date:
Attorney for Grantees
COMMONWEALTH OF PENNSYLVANIA )
:ss.
COUNTY OF CUMBERLAND )
RECORDED on this day of , 2003. in the
Recorder's Office of the said County, in Deed Book , Page
Recorder
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-06449 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOOKE WILLIAM H JR ET AL
VS
BANZHOFF GORDON K JR
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BANZHOFF GORDON K JR the
DEFENDANT , at 2029:00 HOURS, on the 16th day of December , 2003
at 245 NORTH 25TH STREET
CAMP HILL, PA 17011 by handing to
JENNIFER BANZHOFF, 20 YEAR OLD DAUGHTER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
37.66 12/17/2003
SALZMANN DEPAULIS FISHMAN
Sworn and Subscribed to before By:
me this 7 _ day of ?D ey Sheriff
A.D. ?Q
0nl 0- rM
?P of onotary ??
Curtis R. Long
Prothonotary
office of the Protbonotarr
CumbPrranb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
0.3 - & Y V2 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573