HomeMy WebLinkAbout01-4985FLOYD C. PARSONS and MARCIA L.
PARSONS,
VS.
Plaintiffs
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. C),-
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a copy of which is
attached to the Complaint filed in this action, the undersigned hereby appears for the Plaintiffs
and confesses judgment in favor of Floyd C. Parsons and Marcia L. Parsons and against the
Defendants as follows:
Principal sum
Interest as of 7/24/01
Costs
Late charges
Attomey's commission (5%)
$150,000.00
$ 9,170.76
To be added
$ 3,167.10
$ 7,958.53
TOTAL AMOUNT:
$170,296.39
Attorney's fees, costs, charges, and interest at the rate provided by the Note of 9%
continues to accrue until paid in full.
# 385577
'Mark G. Claypt"~-~
PA I.D. No. 63I'99
120 West Tenth Street
Erie, PA 16501
(814) 459-2800
FLOYD C. PARSONS and MARCIA L.
PARSONS,
VS.
Plaintiff
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
) IN THE COURT OF COMMON PLEAS
) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
CIVIL ACTION - LAW
NO.
COMPLAINT IN JUDGMENT
CODE:
Filed on behalf of plaintiffs, Floyd C. Parsons
and Marcia L. Parsons
Counsel of Record:
Mark G. Claypool, Esquire
PA I.D. No. 63199
KNOX MCLAUGHLIN GORNALL &
SENNETT, P.C.
120 West Tenth Street
Erie, Pennsylvania 16501
(814) 459-2800
FLOYD C. PARSONS and MARCIA L.
PARSONS,
VS.
Plaintiffs
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. O{-
COMPLAINT IN JUDGMENT
AND NOW, this day of August, 2001, comes the Plaintiffs, Floyd C. Parsons
and Marcia L. Parsons ("Plaintiffs"), by and through its attorneys, Knox McLaughlin Gornall &
Sennett, P.C., with this Complaint in Judgment against the Defendants, Gordon K.
Banzhoff, M.D. and Gordan K. Banzhoff, Jr., stating as follows:
1. Plaintiffs are adult individuals maintaining a joint address of 14070 Hill
Road, Wattsburg, Pennsylvania 16442.
2. Defendant, Gordon K. Banzhoff, M.D., is an adult individual believed to
be maintaining an address of P.O. Box 339, Camp Hill, Pennsylvania 17001-0339.
3. Defendant, Gordon K. Banzhoff, Jr., is an adult individual believed to be
maintaining an address of P.O. Box 339, Camp Hill, Pennsylvania 17001-0339
4. A true and correct copy of a Guaranty dated October 2, 1997 ("Guaranty")
is attached hereto and is incorporated herein by reference as Exhibit "A". Under the terms of the
Guaranty, Defendants guaranteed payment in full of all amounts due Plaintiff up to a limit of
$150,000.00 in principal plus all accrued interest, costs and fees under a certain Note dated
October 2, 1997 executed by Gordon K. Banzhoff and Gordon K. Banzhoff, Jr. and Banzhoff &
Banzhoff, a Pennsylvania general partnership.
5. The Guaranty has not been assigned.
6. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
7. Judgment has not previously been entered on the Guaranty in any
jurisdiction.
8. A default has occurred under the terms of the Guaranty and the Note as a
result of a failure to make payments when due.
9. An itemization of the amount due to the Plaintiff from the Defendants
under the aforementioned instrument is as follows:
Principal sum
Interest as of 7/24/01
Costs
Late charges
Attorney's commission (5%)
TOTAL AMOUNT:
$150,000.00
$ 9,170.76
To be Added
$ 3,167.10
$ 7,958.53
$170,296.39
Attorney's fees, costs, charges, and interest at the rate provided by the Note of 9%
continues to accrue until paid in full.
WHEREFORE, Plaintiff, as authorized by the warrant of attorney contained in the
attached Guaranty, demands judgment against the Defendants in the amount of$170,296.39, plus
interest at the rate of interest of 9% per annum as set forth in the Note until paid in full, plus late
charges, attorneys' fees and costs of suit and for such other relief as is necessary and just.
Respectfully submitted,
KNOX McLAUGHLIN GORNALL &
SENNETT, P.C.
Attorneys for Floyd C. Parsons and
Marcia L. Parsons
Mark G. Cla~olJ
Pa. I.D. No. 6319q
120 West Tenth Street
Erie, Pennsylvania 16501
(814) 459-2800
# 385577
GUARANTY
Floyd C. Parsons and Marcia Parsons, husband and wife (jointly "Creditor~') have
agreed to provide seller financing in the amount of One Hundred Fifty Thousand
($150,000.00) Dollars to Banzhoff & Banzhoff, a Pennsylvania general partnership
('~Debtor"). The Creditor has undertaken to make this advance to Debtor in reliance upon,
among other things, the security of this Guaranty.
NOW, THEREFORE, INTENDING TO BE LEGALLY BOUND HEREBY, and to induce
the Creditor to make advances to Debtor, the undersigned Guarantors do hereby agree as
follows:
1. The Guarantors hereby unconditionally guarantee to Creditor and Creditor's
assignees the prompt and punctual payment of all amounts becoming due from Debtor from
and after the date hereof, by acceleration on account of default, or otherwise, and the
performance of all other Obligations, including the obligations undertaken by the Debtor to
the Creditor. The liability of the Guarantors under this Guaranty shall be limited to One
Hundred Fifty Thousand ($150,000.00) Dollars, plus interest, and may be enforced by
Creditor or any subsequent assignee of this Guaranty.
2. The liability of the Guarantors hereunder is absolute and unconditional and shall
not be affected in any way by reason of any failure to pursue, repay or preserve any rights
against any person or persons, or the lack of any prior enforcement of such rights. The
Guarantors hereby waive any right to require any such prior enforcement. The Guarantors
agree that any delay in enforcing or failure to enforce any such rights shall in no way affect
the liability of the Guarantors hereunder, even if such rights are thereby lost.
3. The Guarantors hereby waive all notices whatsoever with respect to this Guaranty
except for notice of demand for payment from the Guarantors. The Guarantors further
waive notice of all other agreements, present and future, between Debtor and Creditor,
including, without limitation, notice of Creditor's acceptance hereof, and intention to act in
reliance hereon, of their reliance hereon, of the amount, terms and conditions of the
agreements between Creditor and Debtor and of any past or future defaults thereunder. The
Guarantors hereby consent to the taking of or failure to take, from time to time, without
notice to the Guarantors, any action of any nature whatsoever with respect to the
agreements between Debtor and Creditor, including, without limitation, any renewals,
extensions, modifications, postponements, compromises, indulgences, waivers, surrenders,
exchanges and releases. The Guarantors shall remain fully liable hereon, notwithstanding
any of the foregoing. The Guarantors hereby waive the benefit of all laws now or hereafter
in effect in any way limiting or restricting the liability of the Guarantors hereunder,
including, without limitation, (a) all defenses whatsoever to the Guarantors' liability
hereunder except the defenses of (i) payment; (ii) the performance of the other obligations
by the Creditor under the agreements; and (iii) lack of notice as required in the other
agreements which this Guaranty secures; and (b) all rights to stay of execution and
exemption of property in any action to enforce the liability of the Guarantors hereunder.
4. In addition to all other liability of the Guarantors hereunder, the Guarantors also
agree to pay on demand all costs and expenses (including reasonable counsel fees) which
may be incurred in the enforcement of the agreements between Debtor and Creditor or the
liability of the Guarantors hereunder by Creditor or any assignee. No delay in making
demand on the Guarantors for performance of payment of the Guarantors' obligations
hereunder shall prejudice the right to enforce said performance or payment.
5. Upon default, the Guarantors further do hereby empower any attorney of any
court of record within the United States or elsewhere to appear for them or either one of
them and, after one or more declarations filed, confess judgment against them or either of
them as of any term for all sums due hereunder, with costs of suit and attorneys'
commission of five (5%) percent for collection and release of errors, and without stay of
execution, and inquisition and extension upon any levy on real estate is hereby waived and
condemnation agreed to. The exemption of personal property from levy and sale on any
execution hereon is also hereby expressly waived. No benefit of exemption shall be
claimed under and by virtue of any exemption law now in force or which may be hereafter
passed.
6. This Guaranty is given in connection with and evidences the obligation of the
Guarantors to make payment in connection with a commercial transaction.
7. In the event any one or more of the provisions contained in this Guaranty shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions of this Guaranty, but this
Guaranty shall be construed as if such invalid, illegal or unenforceable provisions had never
been contained herein.
8. The liability of any Guarantor hereunder is not conditioned upon the liability of
any other Guarantor.
9. The liability of each of the parties, which together are the Guarantors hereunder,
shall be joint and several.
2
10. Whenever the context herein so requires, the singular number shall include the
plural, the plural shall include the singular, and the use of any gender shall be applicable
to all genders.
IN WITNESS WHEREOF, on this ~ day of October, 1997, INTENDING TO BE
LEGALLY BOUND, and to bind the executors, administrators, heirs, successors and assigns
of the Guarantors, as applicable, the Guarantors have caused this Guaranty to be duly
executed and delivered.
WITNESS:
GUARANTORS:
G~ord°n K. Banz~,,ff, ff', J'r.
c:\~pSl\sc~\parsons.gty-Octobe~ 2, 1997
NOT~
This Noir dated October 2, 1997, that GORDON K. BANZHOFF, GORDON K.
BANZI-IOFF, JP~., .and BANZHOFF & BANZI-IOFF, a Permsylvania general partnership, with an
address of P.O. Box 339 Camp Hill, Pennsylvania, hereinafter referred to as "Obligors", are held
r
and firmly bound, unto FLOYD C. PARSONS and MARCIA PARSONS, husband and wile, of
14070 I~11 Road, Wattsburg, Pennsylvania, hereinafter, referred to as the "Obligees", for the sum
et' One HundredlFifiy Thousand and No/l O0 ($150,000.00) Dollars to be paid to the said
obligers, or oblil~ees' executors, administrators, certain attorneys, successors, or assigns, to
which payment Well and truly to be made a~d done, obligers do bind said obligors and said
obligors' heirs, sUcCessors and assigns, and every of them, firmly by these presents.
T~rE coNDITION OF THIS OBLIGATION IS SUCH, that if the above bounded
obligors, obligor,i' heirs, successors and assigns, or any of them, shall and do well and truly pay,
t
or cause o be p~d unto the above named obligers, or obligers' e×ecutors, administrators, certain
attorneys, succes~Sors, or assigns, thejust and full sum payable at Nine (9%) percent ~nual
interest in month!y installments of interest only in the amount of One Thousand One Hundred
'I w¢,nty .F~ve and :00/100 ($1,125.00) Dollars to be due on the eleventh (1 ! th) day of each and
eve~z month be$i.nning on November 11, 1997, and continuing for a total of Thirty Six (36)
monlhs, with a b~Ioon payment to be applied toward a reduction ~n principal in the amount of
Four Thou~nd and 00/100 ($4,000.00) Dollars said balloon payment shall be due and payable on
or before October 1 I, 2000. The remaining principal balance of One Hundred Forty Six
Thousand and 00il 00 ($146,000.00) Dollars shall be payable at the rate of Nine (9%) percent
annual interest, in monthly installments of principal and interest in the amount of One Thousand
Eight Hundred Forty Nine and 47/100 ($1,849.47) Dollars beginning on November l 1, 2000, and
continuing monthly for a total of Eighty Four months. If not sooner paid, the entire principal plus
accrued interest shall be due and payable on October 11, 2007.
Any monthly payment not received wlthJn ten (I0) days of the due date will be assessed a
late charge of t~n (10%) percent of said payment.
Obligee~ have the privilege at their option to make additional payments on principal on
any payment da~e or at any time prior to maturity withbut prepayment penalty.
Once pa~'ment has been made in accordance with the terms and conditions mentioned
heretofore, with~Out any fraud or further delay, then this bond and obligation shall cease and be
forever void; otlie .rwise, is shall remain in full force and effect.
AND IT;IS FURTHER UNDERSTOOD A.ND AGREED that said obligors or obllgor's
heir, legal representatives,
~ successors"or assigns, will pay each years real estate property taxes
and municipal assessments levied upon the premises, described in the mortgage accompanying this
mortgage bond, before the penalty period, and will keep the buildings erected on the said premises
insured in some ,good and reliable insurance company or companies licensed to transact business
in the CommonWealth of Pennsylvanla in the amount of at least the indebtedness secured hereby
($150,000.00), and the policy or policies with proper mortgagee or loss payable clause attached,
shall be delivcred to and held by said obligees as collateral security for the payment of the monies
hereby secured; and in case said obligors or obligors' heirs, legal representatives, successors or
assign.% shall neglect to pay said taxes or municipal assessments before the penalty period or shall
neglect to procure such insurance as above provided, then the said obligees or obligees' legal
representatives, s~Uccessors or assigns, may pay said defaulted taxes or assessments, or insurance
prcmlums paid by said obligees shall bear interest from the time ofpeyment and be added to and
roller!ed as part of the said principal sum, and in the same manner.
,~d it i,~ further agreed and understood, that in case default be made at any time in the
pa.vmcnt of anY, of thc said installments or debt or interest, or any part thereof, or in the payment
o
f any of the sa~d taxes and municipal assessments before the penalty period, as above provided,
or in the procuring or maintaining of said insurance, for thirty days after thc same falls due or
should be procured and m~intalned as aforesaid, the whole of the said debt and interest and taxes
and insurance premiums shall, at the option o~' the said obligees or obligees' legal representatives
or :~ssigns, thereupon become due and payable forthwith; and thereupon it shall be law£~! for the
obligers o obh,~ecs legal representaUvcs or assigns, at obligees' opuon to institute any
appropriate legal, proceedings necessary for the collection ofall pdnclpal and interest, together
with any taxes, municipal charges, or insurance premiums paid by said obligees, which shall then
remain unpaid, with the same force ant etTect ~s if,
, by the terms hereof, the whole ofsaid
principal had th6retofore become due and payable.
And ffurther, at'er an event of de£ault which remains uncured ai:ter thirty (30) days prior
written not'ce from obligees to obligor said obligors do hereby authorize and empower any
attorney of any ~urt of record o£Pennsytvania, or elsewhere to appear for the cont'ess judgment
against obligors for the above sum, with or without declaration, with costs or suit, release of
errors, without ~tay ofe×ecutlon, and with ten (10%) percent of thc entire indebtedne.~s added for
colh:ctlon ocs; and does also waive the right of inquisition on any re~[ estate that may be levied
upon to colIect sa~d.iudgmcnt and does hereby voluntarily condemn the same, and authorize the
Prothonota~), to enter upon the J~ieri Facias said voluntary condemnation; and do further also
agree that said r(Jai estate may be sold on a Flexi Faclas, and does hereby waive and release from
any and all appraisement, stay ofe×emptlon laws of any State now in force or hereafter to be
and do furthar empowor any such attornoy to appear in any' proceedings inslltuted for the
revival ofsaicl jud~merR, accept service, or waiver ~he issuing, or ~he write of $cire Faclas, and
confess judgment Or revival therein, as often as the revival thereof may be required° with r¢lcase
of all errors thei'eon.
Additio~aily, Obligee shah retain title to 17 mobile home units currently under Lease
Purchase Agre ~e~nents to tenants until such time as each individual Lease Purchase Agreement is
~.tisfled or until the dcbt referenced herein is paid in full, whichever shall first occur.
IN WI ,T~rESS WHEREOF, on this ~'~ . day of October, 1997, INTENDING TO BE
LEGALLY BO~IND, and to bind executors, administrators, heirs, successors and assigns of the
obtigors, as appiicable, the obligors have caused this Note to be duly executed and delivered.
OBLIGORS
FLOYD C. PARSONS and MARCIA L.
PARSONS,
Plaintiffs
VS.
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
)
)
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
AFFIDAVIT
Floyd C. Parsons and Marcia L. Parsons, being duly swom, states as follows:
I. We are the Plaintiffs listed hereinabove.
2. We have had an opportunity to review the original instrument referenced
in the instant Complaint in Judgment and we verify that Exhibit A is a true and correct copy of
the original to the best of our knowledge, information and belief.
Floyd C. Parsons
Marcia L. Parsons
SWORN AND SUBSCRIBED BEFORE ME
THIS / DAY OF ~ZCD ¼~.{ ,2001
Notary Public
My commission expires:
# 385577
FLOYD C. PARSONS and MARCIA L.
PARSONS,
VS.
Plaintiffs
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION LAW
CERTIFICATE OF RESIDENCE
I hereby certify that the address of the Plaintiffs are 14070 Hill Road, Wattsburg,
Pennsylvania 16442, that the last known addresses of the Defendants are as follows:
Gordon K. Banzhoff, M.D.
37 Tuscany Court
Camp Hill, PA 17001-0039
Gordon K. Banzhoff, Jr.
P.O. Box 339
Camp Hill, PA 17001-0039
# 385577
BY:
Mark G. Claypool
PA I.D. No. 63199
120 West Tenth Street
Erie, PA 16501
(814) 459-2800
FLOYD C. PARSONS and MARCIA L.
PARSONS,
VS.
Plaintiffs
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
)
)
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CiVIL ACTION - LAW
VERIFICATION
On this, the day of August, 2001, Floyd C. Parsons and Marcia L. Parsons,
the undersigned, depose and state that they are the Plaintiffs herein, and that the facts set forth in
the foregoing Complaint are tree and correct to the best of their knowledge, information and
belief, subject to the penalties of 18 Pa.C.S. §4904 relating to the unswom falsification to
authorities.
Floyd C. Parsons
Marcia L. Parsons
# 385577
FLOYD C. PARSONS and MARCIA L.
PARSONS,
Plaintifl~
VS.
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
)
)
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. OI - dyq~>,,~
TO THE DEFENDANTS:
YOU ARE HEREBY NOTIFIED, as required by law, that a judgment has been entered
against you in the amount of$170,269.39, plus interest at the Note rate of 9% per annum and
attorneys' fees and costs at the above term and number on . You will find
enclosed copies of all documentation filed in this Office in support of the Confession of
Judgment. If you believe you were incorrectly identified and are not responsible for payment of
the obligation which formed the basis for this Judgment, you should contact an attorney
immediately. It may be necessary for you to file a Petition to Strike the Judgment, present it to a
Judge and request a prompt hearing. The Petition can be in the form set forth at Rule 2967 of the
Pennsylvania Rules of Civil Procedure. If the Court finds that you were in fact incorrectly
identified, you may be entitled to recover your court costs and reasonable attorney's fees.
# 385577
CLERK OF RECORDS
PROTHONOTARY DIVISION
Prothonotary c,- - ~
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04985 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PARSONS FLOYD C ET AL
VS
BANZHOFF GORDON K MD ET AL
SHAiqNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF DEFT RIGHTS was served upon
BANZHOFF GORDON K JR the
DEFENDANT , at 1231:00 HOURS, on the 31st day of October , 2001
at 245 NORTH 25TH ST PO BOX 339
CAMP HILL, PA 17001-0339 by handing to
NIDIA MILLAN, ADULT IN CHARGE
a true and attested copy of NOTICE OF DEFT RIGHTS together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 9.75
Affidavit .00
Surcharge 10.00
.00
25.75
Sworn and Subscribed to before
me this ~ day of
~ ~/ A.D.
F /~rothonotary ' !
So Answers:
R. Thomas Kline
11/02/2001
KNOX MCLAUGHLIN GORNALL SENNET
Deputy Sheriff !
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-04985 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PARSONS FLOYD C ET AL
VS
BANZHOFF GORDON K MD ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named defendant,
BANZHOFF GORDON K MD
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
DEFENDANT
but was
unable to locate Him in his bailiwick.
He therefore returns the
NOTICE OF DEFT RIGHTS ,
the within named DEFENDANT
, NOT FOUND , as to
, BANZHOFF GORDON K MD
PER NEIGHBOR, HE WENT TO FLORIDA FOR THE WINTER
WILL BE BACK IN MAY. NO FORWARDING ADDRESS
Sheriff's Costs:
Docketing 18.00
Service 9.75
Affidavit .00
Surcharge 10.00
.00
37.75
R/Thomas Kline
Sheriff of Cumberland County
KNOX MCLAUGHLIN GORNALL SENNET
ii/02/200
Sworn and subscribed t~ before me
this ~ day of ~
~! A.D.
ProtHonotary
FLOYD C. PARSONS and MARCIA L.
PARSONS,
VS.
Plaintiffs
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-4985
RETURN OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ERIE
SS.
I, the undersigned, after being duly sworn, do hereby say and affirm that on the 13th day of
November, 2001, I served or caused to be served the attached Notice of Defendant's Rights on Gordon K.
Banzhoff, M.D., 123 Bear's Paul Trail, Napoles, Florida 34105, by certified, United States mail, postage
prepaid, copies of the signature card (PS Form 3811) being attached hereto. I verify that the statements
made in this Return of Service are true and correct to the best of my personal knowledge or information
and belief.
KNOX McLAUGHLIN GORNALL &
SENNETT, P.C.
Date: February {o, 2002 BY:
k G. Claypool, Esqi~ir,~.~~ --
Attorneys for Plaintiff
120 West Tenth Slreet
Erie, Pennsylvania 16501
(814) 459-2800
SWORN TO AND SUBSCRIBED BEFORE ME
THIS ~' DAY OF ~f~ ,2002.
t., m' ~UMMI$$10N EXPIRES OCT. 29, 2002
# 403275
Floyd C. Parsons and Marcia L. Parsons vs.
Gordon K. Banzhoff, M.D. and Gordon K.
Banzhoff, Jr.
Case No. 01-985
Cumberland County, Pennsylvania
Item mailed:
Date mailed:
CERTIFIED MAIL RECEIPT (and signature card)
Notice of Judgment
November 8, 2001
m
::Z , o
3,2-o
· Complete Items 1, 2, and 3. Al~o 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:
d~O~'~O~ I<. l~3~h~ho~r'f',
FL
D. Is deiN~. [] Yes
If YES, enter dallvery ~ [] No
3. Se~ice Type
[] c 'edMal'
[] Insured Mall [] C.O.D.
4. Restricted Delivery? (Extra Fes)
Form 3811, July
37~o
FLOYD C. PARSONS and MARCIA L.
PARSONS,
VS.
Plaintiffs
GORDON K. BANZHOFF, M.D. and
GORDON K. BANZHOFF, JR.,
Defendants
) IN THE COURT OF COMMON PLEAS
) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
)
) CIVIL ACTION- LAW
)
)
) NO. 014985
)
)
NOTICE OF DEFENDANT'S RIGHTS
To:
Gordon K. Banzhoff, M.D.
123 Bear's Paul Trail
Napoles, FL 34105
A Judgment in the amount of $170,296.39 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you. The sheriff may take your money or other property to
pay the judgment at any time after thirty (30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
1-800-990-9108
(717) 249-3166
# 399666
Mark G. Claypo~l ~'
Pa. I.D. No. 63199~
120 West Tenth Street
Erie, Pennsylvania 1650
(814) 459-2800
· Complete iterns 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:
FL.
Article Number (Copy from service
A. Received by (Please P~nt Cleady)
B. Date of Diffivery
C. Signature
[] Agent
X [] Addressee
D, Is delivery address different from item 1 ? [] Yes
If YES, enter delivery address below: [] No
3. Service Type
~ Certified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D, /
4, Restricted Delivery? (Extra Fee)
PS Form 3811, July 1999
Domestic Return Receipt
102595-00-M-0952
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FLOYD C. PARSONS AND
MARCIA L. PARSONS,
Plaintiffs,
v. No. 01-4985
GORDON K. BANZHOFF, M.D.
AND GORDON K. BANZHOFF, JR.,
Defendants.
TO:
PRAECIPE TO ENTER APPEARANCE AND
PARTIALLY SATISFYJUDGMENT
PROTHONOTARY
Iherebyentermyappearanceasco-counselofrecordonbehalfofPlaintiffs
Floyd C. Parsons and Marcia L. Parsons.
Please mark the above-captioned judgment settled and satisfied as against
Defendant Gordon K. Banzhoff, M.D. ONLY, and the matter discontinued against him.
This praecipe in no way serves as satisfaction or compromise of the obligation of
Gordon K. Banzhoff, Jr.
Dated:
62162.1
Respectfully submitted,
D. No. 6.7408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: (717) 234-4121
Facsimile: (7'17) 232-6802
Attorneys for Plaintiffs