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HomeMy WebLinkAbout02-2916 COMMUNITY BANKS, N.A., Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA ; NO, 02 -;29/1.0 CIU'\C-,~~ : CONFESSION OF JUDGMENT : CNIL ACTION - LAW GORDON K. BANZHOFF, M,D" Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal $589,038.57 Other authorized items: Interest to June 14, 2002 $ 11,583,08 Late Charges $ 2,968.68 Legal Fees $ 2,000,00 Cosls $ 135,50 TOTAL $605,725.83 plus additional interest, and costs from the date of the Complaint. Respectfully submitted, SAlDIS, SHU Date: {; -- I tj --tJz, By: I M,. edebo , Esquire upreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 i N ~ ..:l C .. ?4: uJ-.... (") '3~ C) ....::=-~ ::c ~<;y' 0.- C)~ I~i... t='- 7' 'l,'- r- '~(J) r i} ':JZ W'j <' ili ~l': -- ,j] "",,:. \J.-- - ~;;; ::::> c1':\O- i-" -, Z u- N 3 0 C> COMMUNITY BANKS, N.A., Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 0.:2.- ~qlb C;u~l~~ GORDON K. BANZHOFF, M,D" Defendant : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is Community Banks, N.A., 150 Market Square, P,O, Box 350, Millersburg, Pennsylvania 17061. 2, The name and last known address of the Defendant is Gordon K. Banzhoff, M,D" 37 Tuscany Court, Camp Hill, Pennsylvania 17011. 3, Defendant Gordon K. Banzhoff, M,D, ("Defendant") executed and delivered to Plaintiff a Guaranty and Surety Agreement (the "Guaranty"), a true and correct photostatic reproduction ofthe original of which is attached hereto as Exhibit "A" and made part hereof. 4, Defendant under the Guaranty, guaranteed to Plaintiff the payment of all amounts due to Plaintiff by Banzhoff, Banzhoff & Witkoski, II, a general partnership ("Debtor") under, inter alia, the Promissory Note dated April 19, 2001, in the original principal amount of Six Hundred Thousand and 00/100 Dollars ($600,000,00) (the "Note"), A true and correct photostatic copy of the Note is attached hereto as Exhibit "B", 5, Debtor is in default of Debtor's obligations to make payment to Plaintiff as required in the Note and Defendant is in default of Defendant's obligations to make payment to Plaintiff under the Guaranty, 6. Judgment is not being entered by confession against a natural person in connection with a conswner credit transaction, 7. There has not been any assignment of the Guaranty, 1 8, Judgment has not been entered on the Guaranty in any jurisdiction, 9, An itemized computation of the amount due to Plaintiff by Defendant as a result of Defendant's default under the Guaranty is as follows: b, Interest to June 14,2002 $589,038,57 $ 11,583,08 a. Principal c, Late Charges $ 2,968,68 d, Legal Fees $ 2,000,00 e, Costs $ 135,50 f. Total due to Community Banks, N.A. as of June 14, 2002 $605,725.83 10, Interest continues to accrue at the rate of$175,50 per diem, WHEREFORE, Plaintiff demands judgment against Defendant, Gordon K. Banzhoff, M,D" as authorized by the warrant of attorney contained in the Guaranty for Six Hundred Five Thousand Seven Hundred Twenty-Five and 83/100 Dollars ($605,725,83), plus interest from and including the date of this Complaint and judgment entered hereon at the rate of $175.50 per diem and costs of suit. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: 6-- r( ~()L By: K M, Led ohm, Esquire preme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff 2 40 GUARANTY AND SURETY AGREEMENT ....JjI;fIIS GUARANTY AND SURETY AGREEMENT (the "Guaranty") is dated this ~ day of April, 2001 by GORD()N K. BANZHOFF, M.D" an adult individuals with an address at ,1"1.;:"'-"1 Oo~"'" ("Guarantor"), in favor of COMMUNITY BANKS, N.A., a national banki~g.~ssociation, with offices at 150 Market Square, p, O. Box 350, Millersburg, PA 17061 ("Lender"), to secure certain obligations of BANZHOFF, BANZHOFF & WITKOSKI, II, a general partnership organized and existing under the laws of the Commonwealth of Pennsylvania ("Borrower") , ,.,...; BACKGROUND A. Lender has agreed to make a loan to the Borrower in the amount of Six Hundred Thousand ($600,000) Dollars (the "Loan"), the proceeds of which shall be used by Borrower to acquire a mobile home park known as Country Crest, located in Lehman Township, Luzerne County, Pennsylvania (the "Mortgaged Premises"), The Loan shall be secured by, among other things, a Mortgage encumbering the Mortgaged Premises, an Assignment of Rents and Lease, this Guaranty, and the Guaranty and Suretyship Agreements of Gordon K. Banzhoff, Jr. and William Witkoski (the "Collateral"), B, In connection with the Loan, Borrower has executed and delivered to Lender a Promissory Note in the principal amount $600,000 (the "Note") and certain other collateral documents, all of even date herewith, The Note, this and the other Guaranties, and other collateral documents are sometimes referred to herein, collectively, as the "Loan Documents" or, individually, as a "Loan Document", The principal balance of the Note, together with all interest thereon and all other sums payable thereunder or under the Loan Documents or secured by the Loan Documents, is hereinafter collectively referred to as the "Aggregate Debt", C. In order to induce Lender to make the Loan, the Guarantor has agreed to execute and deliver this Guaranty to Lender. AGREEMENTS NOW, THEREFORE, in consideration of the premises recited above, and intending to be legally bound hereby, Guarantor and, if there is more than one, each Guarantor, jointly and severally, hereby agrees as follows: 1. Oblie:ationso The following guarantees and obligations (together, the "Obligations") are undertaken by Guarantor: f'/.h, b,~ ,cA" 1.1. Guarantor hereby unconditionally and jointly and severally guarantees and becomes surety to Lender for (a) the full and prompt payment of the Aggregate Debt and (b) the full and timely performance of all of Borrower's obligations under the Note and any other Loan Document. The obligations of Guarantor constitute a guarantee of payment and not merely of collection, are absolute and unconditional under all circumstances and shall not in any event be discharged, impaired, or otherwise affected except by payment to Lender. Guarantor agrees that it will, within thirty (30) days of written notice from Lender that any Event of Default (as defined in the Loan Documents) has occurred under the Note or under any Loan Document, pay directly to Lender the then existing amount of the Aggregate Debt. Guarantor further agrees that any payment required hereunder will be made to Lender regardless of whether such sums have become due by reason of the maturity of the Note or acceleration of the Aggregate Debt, The proceeds of any amounts paid pursuant to this Guaranty will be applied first to the payment of accrued interest, if any, on the Note, then to any other sums payable in connection with the Note or secured by the Loan Documents, and the balance of the proceeds will be applied to reduce the then outstanding principal amount of the Note, whether then matured or not, in the inverse order of its maturity, 1.2, If Borrower defaults with respect to any matter herein guaranteed, then, within ten (10) days after written notice from Lender, Guarantor will immediately assume all responsibility for the completion of all obligations of Borrower under the terms of the Note or any other Loan Document, or take such other action as Lender may request to remedy such default, or both. 1.3. Lender shall have the right to require Guarantor to pay, comply with and satisfy its obligations and liabilities under this Guaranty and shall have the right to proceed immediately against Guarantor with respect thereto, without being required to bring any proceeding or take any action of any kind against Borrower or any other Guarantor or any other person, entity or property prior thereto, the liability of Guarantor hereunder being joint and several and, in any event, independent of and separate from the liability of Borrower, any other guarantors and persons and the availability of other collateral security for the Note and the Loan Documents, 2. Cancellation. This Guaranty and all obligations and liabilities of Guarantor hereunder will be canceled when the Aggregate Debt has been paid in full; provided, however, that this Guaranty shall remain in full force and effect for so long as such payment may be voided in bankruptcy proceedings as a preference or for any other reason, - 2 - 3. Costs and Fees, Guarantor hereby agrees that if it does not satisfy its obligations under this Guaranty in accordance with the terms hereof, the same shall be considered an event of default hereunder as to such defaulting Guarantor and Lender shall have the right, in addition to the other rights described in this Guaranty, to collect from such defaulting Guarantor all costs, fees and expenses (including reasonable attorneys' fees) incurred by Lender in connection with the enforcement of this Guaranty against such Guarantor, as well as interest on the unpaid liability hereunder at the Default Rate set forth in the Note, from and after the date of such Guarantor's default through the date of payment, 4. BankruDtcv of Borrower or other Guarantors. The obligations of Guarantor under this Guaranty shall not be discharged, impaired or otherwise affected by the insolvency, bankruptcy, liquidation, readjustment, composition, dissolution or other similar proceeding involving or affecting Borrower or any other Guarantor, proceedings affecting the ownership of any of the above through merger, consolidation or otherwise, inconsistent orders in or claims by parties to any such proceedings or any other release of obligations by operation oflaw, hereby: 5. Agreements and Waivers. Guarantor jointly and severally 5,1. Agrees that its obligations hereunder shall not be released or otherwise affected by (and hereby waives notice oD any agreement, amendment, release, suspension, compromise, forbearance, indulgence, waiver, extension, renewal, supplement or modification of any of the Loan Documents, or any other obligations of Borrower to Lender, 5.2, Consents that Lender may, without affecting the liability of Guarantor under this Guaranty, (i) exchange, release or surrender any property pledged by or on behalf of Borrower or any other surety or guarantor of any liabilities of Borrower to Lender, (ii) renew or change, with the consent of Borrower, the terms of any of Borrower's liabilities to Lender, or (iii) waive any of Lender's rights or remedies against Borrower or any other surety or guarantor of any obligations of Borrower. 5,3 Agrees that its liability under this Guaranty shall not be reduced or affected either by any payment made by or on behalf of any other Guarantor under this Guaranty or by failure of any such party to make payment. 5.4, Agrees that its liability under this Guaranty shall be in addition to that stated in any other guaranty of parties other than the undersigned or any other guaranty that has been or may be hereafter given by any of the - 3 - undersigned and shall not be reduced or affected by any payment made under any such guaranty. 5.5. Agrees that any failure or delay by Lender to exercise any right under this Guaranty or under any other guaranty or with respect to any of the Loan Documents or otherwise with respect to the Aggregate Debt shall not be construed as a waiver of the right to exercise the same or any other right hereunder at any time and from time to time thereafter unless such failure is due to Lender's gross negligence or intentional wrongful action. 5,6, Consents that its obligations under this Guaranty shall not be affected by any of Borrower's liabilities to Lender in excess of the amounts guaranteed hereunder, to the extent such liabilities result from any extension or modification of the Note, the Mortgage or any other Loan Document; but that any payment received by Lender from Borrower may first be credited against any such excess liability. 5.7. Agrees that Lender shall have, as security for the undertakings under this Guaranty, a lien upon, a security interest in and right of set-off against all property of the undersigned now or at any time in Lender's possession in any capacity whatsoever, exercisable only upon the occurrence of default under the Note, this Guaranty or any other Loan Document, 5.8, Agrees that Lender shall not, under any circumstances, be required to exhaust remedies or proceed against Borrower, other guarantors, sureties, parties, or any other security for the Aggregate Debt before proceeding under this Guaranty against any of the undersigned, 5.9. Agrees that under no circumstances shall it become subrogated to the claims or liens of Lender against Borrower or any other Guarantor and that all amounts due to Lender shall have priority over any amounts, whether or not related to the Loan Documents or'the Mortgaged Premises, payable now or hereafter from Borrower to Guarantor. 5.10, Agrees that the obligations undertaken in this Guaranty shall not be affected by any provision in the Loan Documents limiting Lender's rights against Borrower to the Mortgaged Premises, or limiting Lender's rights to a deficiency judgment against Borrower. 5.11. Agrees that to the extent it controls Borrower, it will neither take or cause to be taken any action, or permit any inaction, which will violate or cause a default under any of the Loan Documents. - 4- 5.12. Agrees that notice or demand hereunder by Lender shall be by hand delivery or registered or certified mail, postage prepaid, addressed to a party at its address set forth on the first page hereof, and shall be deemed given when hand delivered, or if mailed, upon deposit of such notice in the United States mail. Any Guarantor may, from time to time, by notice to Lender as provided for in the Loan Documents, designate a different address to which notice to him hereunder shall be sent. 5.13, Waives the right to marshaling of Borrower's assets or any stay of execution and the benefit of all exemption laws, to the extent permitted by law, and other protection granted by law to guarantors or sureties, now or hereafter in effect with respect to any action or proceeding brought by Lender against it, 5.14. Agrees that no single exercise of the power to bring any action or institute any proceeding shall be deemed to exhaust such power, but such power shall continue undiminished and may be exercised from time to time as often as Lender may elect until all of Guarantor's liabilities and obligations hereunder have been satisfied. 5,15. Agrees that its liability under this Guaranty shall in no way be released or otherwise affected by the commencement, existence or completion of any proceeding against Borrower, one or more of the other Guarantors or any other person or entity or otherwise with respect to the collection of the Aggregate Debt; and Lender shall be under no obligation to take any action and shall not be liable for any action taken or any failure to take action or any delay in taking action against any of the Guarantors, Borrower or any other person or entity or otherwise with respect to the Aggregate Debt, 5,16, Waives any notice of (i) Lender's intention to act in reliance on this Guaranty, (ii) any presentment, demand, protest or notice of dishonor, nonpayment or other default with respect to the Aggregate Debt, and (tii) the commencement or prosecution of any enforcement proceeding against Borrower or any of the other Guarantors or any other person or entity with respect to the Aggregate Debt or otherwise. 5,17. Represents and acknowledges that the indebtedness evidenced by the Note and secured by the Loan Documents is and will be of direct benefit, interest and advantage to it. 5.18. Irrevocably waives all claims of waiver, release, surrender, alteration or compromise and all defenses, set-offs, counterclaims, recoupments, reductions, limitations or impairments, - 5 - 6, Financial Statements, Guarantor represents and warrants to Lender that the financial statements heretofore delivered by such Guarantor to Lender are true and correct in all respects, have been prepared in accordance with generally accepted accounting principles, fairly represent the financial condition of such Guarantor as of the date thereof, and that no material change has thereafter occurred in the financial conditions reflected therein. Guarantor agrees to deliver to Lender such future financial statements and other information as are required to be delivered to Lender under any of the Loan Documents and as Lender from time to time may reasonably request. 7, Confession of Jud=ent. IN THE EVENT OF DEFAULT BY GUARANTOR HEREUNDER, SUCH GUARANTOR HEREBY IRREVOCABLY AUTHORIZES ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT AGMNST GUARANTOR AFTER DEFAULT HEREUNDER FOR THE AMOUNT FOR WHICH IT MAY BE LIABLE TO LENDER (OR ANY ASSIGNEE OR HOLDER OF THE NOTE OR MORTGAGE) UNDER THIS GUARANTY, AS EVIDENCED BY AN AFFIDAVIT SIGNED BY AN AUTHORIZED OFFICER OR AGENT FOR LENDER, ITS SUCCESSOR OR ASSIGNEE, SETTING FORTH THE AMOUNT THEN DUE, PLUS REASONABLE ATTORNEYS' FEES, WITH COSTS OF SUIT, AND RELEASE OF ERRORS, IF A COPY HEREOF, VERIFIED BY AN AFFIDAVIT SHALL HAVE BEEN FILED IN ANY SUCH PROCEEDING, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER, ITS SUCCESSORS OR ANY ASSIGNS SHALL ELECT, UNTIL ALL SUMS PAYABLE HEREUNDER HAVE BEEN PMD IN FULL AND ALL OBLIGATIONS OF ALL SURETIES HAVE BEEN COMPLIED WITH AND PERFORMED, 8. Subrol2'ation. Before payment and performance in full of the obligations of Borrower and Guarantor under the Note, Mortgage and any other Loan Document, Guarantor shall not have any right and shall not assert any right to be subrogated to any right of the holder of the Note, No subrogation of Guarantor shall require the holder of the Note to proceed against any person or entity or to resort to any security or to take any other action of any kind as a result of subrogation, 9, Counterparts, If there is more than one Guarantor, this Guaranty may be executed in one or more counterparts, each of which shall be deemed an original. Said counterparts shall constitute one and the same instrument - 6 - and shall be binding upon each of the undersigned as fully and completely as if all had signed one instrument so that the joint and several liability of each of the undersigned hereunder shall be unaffected by the failure of any other Guarantor to execute any of said counterparts. 10. Jurisdiction: Service of Process. Guarantor hereby consents to the jurisdiction of the courts of Pennsylvania andlor the United States District Court for the Middle District of Pennsylvania in any and all actions or proceedings arising hereunder or pursuant hereto, and irrevocably agrees to service of process by certified mail, return receipt requested, to its address set forth herein or such other address as each Guarantor may direct by notice to Lender. 11. Miscellaneous. The invalidity or unenforceability of anyone or more provisions of this Guaranty shall not affect any other provision, and in the event that any agreement or obligation contained in this Guaranty is held to be in violation of law, such agreement or obligation shall be deemed to be the agreement or obligation of Guarantor to the fullest extent permitted by law, This Guaranty will be governed by Pennsylvania law and may be amended only by a written instrument executed by Guarantor and Lender. The obligations of each Guarantor, if there is more than one Guarantor, under this Guaranty will be joint and several, The provisions of this Guaranty will bind and inure to the benefit of the heirs, executors, administrators, legal representatives, successors and assigns of each Guarantor and Lender, Capitalized terms not defined herein shall have the meanings given to them in the Mortgage. Whenever the context requires, all terms used in the singular will be construed in the plural and vice versa, and each gender will include each other gender. IN WITNESS WHEREOF, Guarantor has executed and delivered this Guaranty as of the date first written above, I~ -&.1- Witnss o'Hc.i..Vl It HIiNL_R. STATE OF FLORIDA COUNTY OF Ool/:er SS th. On this, the ~ day of April, 2001, before me, the undersigned, personally appeared GORDON K. BANZHOFF, M.D., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and who acknowledged that he executed the foregoing Guaranty for the purposes therein contained. IN WITNESS WHEREOF, I hereu My Commission Expires: ~/I~.2.001 (SEAL) ~ JENNIFER R. STUVE J MY COMMISSION if CC 9' '6e~ eXP!kES: Mar 1:.?, 2004 1~.3-N~Tl,RY FIll.. Nr;:ary S~'~icfl & Bonding Co_ ~ :256489 _1 PROMISSORY NOTE $600.000 April rq . 2001 Harrisburg. PA / For value received and intending to be legally bound, BANZHOFF, BANZHOFF & WITKOSKl. II, a general partnership ("Maker"), having a place of business at 245 N. 25th Street. Camp Hill, PA 17011, promises to pay to the order of COMMUNITY BANKS. N.A.. a national banking association (hereinafter ' called "Payee"), at 150 Market Square, p, 0, Box 350, Millersburg, Pennsylvania 17061, or such other place as Payee may designate in writing, the principal sum of Six Hundred Thousand ($600,000) Dollars lawful money of the United States of America together With interest on the outstanding principal balance hereof as set forth below, The proceeds of the loan will be utilized by the Maker to fmance the acquisition of a mobile home part known as Country Crest located in Lehman Township, Luzerne County, Pennsylvania, more fully described in a certain Mortgage by and between Mortgagor and Payee as Mortgagee, which shall be recorded in the Office of the Recorder of Deeds of Luzerne County, The loan is evidenced by this Note which is executed pursuant to the terms of a commitment letter of the Payee to the Maker dated March 19, 2001, the terms and conditions of which are incorporated herein by reference. The Note shall be payable as follows: (a) Consecutive monthly instalhnents (each a "Scheduled Monthly Installment") in the initial amount of Five Thousand Three Hundred Ninety Seven Dollars and Sixty-Nine Cents ($5,397.69) which shall be applied first to interest accrued on the outstanding principal balance hereof at the Applicable Rate of Interest, as hereunder defmed, and then to the reduction of the principal balance thereof, The fIrst Scheduled Monthly Interest Installment shall be due and payable on the date which is thirty (30) days after the date hereof, Scheduled MontWy Installments shall continue to be due and payable &hlb'L ''(6'' on the same day of each month thereafter until that date which is sixty (60) months after the date of this Note (the "Conversion Date"), (b) On the Conversion Date. the then principal balance of this Note shall bear interest at the Apphcable Rate of Interest then in effect, From the Conversion Date to and including the Maturity Date (as hereinafter defmed) the aggregate principal balance together with interest at the Apphcable Rate shall be due and payable in consecutive monthly installments (a "Scheduled Monthly Installment"). Scheduled Monthly Installments shall be apphed fIrst to interest accrued on the outstanding principal balance hereof at the Apphcable Rate of Interest then in effect and then to the reduction of the principal balance hereof. The fIrst Scheduled Monthly Installment shall be due and payable on the date which is thirty (30) days after the Conversion Date. Scheduled Monthly Installments may be adjusted to reflect any interest rate changes in the Apphcable Rate of Interest to maintain amortization of the loan repayment within a fifteen (15) year amortization period. Scheduled Monthly Installments shall continue to be due and payable on the same day of each month thereafter until April J,L, 2021 (the "Maturity Date"). On the Maturity Date a final installment shall be due and payable which shall include all unpaid amounts of the principal balance and interest accrued and unpaid thereon and any and all other payments or amounts due under this Note. or any other Loan Document as hereinbefore defined herein. The Apphcable Rate of Interest shall be fIxed at Eight and Eight Hundred Seventy Five Thousandths (8.875%) percent per annum for a period of sixty (60) months from the date of this Note, Thereafter. the Apphcable Rate of Interest shall either be (i) in the sole discretion of Payee. a fIxed rate of interest; or (ii) in the event Maker dechnes the fIxed rate (if any) available on the Conversion Date or if Payee dechnes to offer Maker a fIxed rate. that rate of interest which is at all times equal to the Commercial Prime Rate of Community Banks. N.A. as hereinafter defined in effect at that time and thereafter in effect from time to time plus One (1 %) Percent, The Apphcable Rate of Interest shall change on the day on which any change in said Community Banks, N,A.'s Commercial Prime Rate shall become effective. When the Commercial Prime Rate of Community Banks. N.A. changes on a day other than the first day of a calendar month. interest for the month in which 2 , . such change or changes are made shall be calculated on a per diem basis with the various Prime Rates in effect for that month. Interest hereunder shall be calculated on the basis of a 360 day year, The term "Commercial Prime Rate of Community Banks, N.A." as used herein shall mean the rate which the Payee establishes as "the Commercial Prime Rate of Community Banks, N,A." whether or not published. The utilization of "Prime Rate" herein is solely for the purpose of defining the rate of interest applicable hereunder, Its utilization shall in no way preclude or limit the Payee from lending to certain borrowers, from time to time, at a rate of interest less than the "Prime Rate" as defined hereunder, If any installment of pIincipal and/or interest under this Note or any other sum due under any other Loan Document (as hereinafter defmed) is not paid within fifteen (15) days after it is due on its due date or if the Maker fails to pay the entire pIincipal balance. together With interest accrued thereon, and all other sums due under this Note or any other Loan Document on the Maturity Date as defmed herein, interest shall be due on such overdue amount (including overdue interest) from its due date to the date on which it is paid at the rate of two percent (2%) per annum above the Applicable Rate but not more than the highest rate permitted by law (the "Default Rate"), Such interest at the Default Rate shall (in addition to all other interest) be due on each payment date and on the date on which the overdue amount is paid. Interest at the Default Rate shall be due on all interest from the date on which it is due until the date on which it is paid and any interest which is not paid at maturity (whether stated or accelerated) shall be added to the pIincipal balance of this Note on the Maturity Date. Any prepayment of pIincipal shall be applied against the installment of pIincipal (by date) last due and payable. No prepayment shall postpone or interrupt payment of future installments of pIincipal and interest which shall continue to be due and payable until payment herein in full, In the event any of the aforesaid payments of interest and/or pIincipal remain unpaid fifteen (15) days after such payments are due, Maker shall pay a delinquency charge of five percent (5%) of the amount so overdue to 3 cover the extra expense involved in handling delinquent payxnents. Provisions for such delinquency charge shall not be construed to permit Maker to make any payxnent after its due date, obligate Payee to accept any overdue installment, or affect Payee's rights and remedies upon default. Maker shall not be obligated to pay and Payee shall not collect interest at a rate in excess of the maximum permitted by law or the maximum that will not subject Payee to any civil or criminal penalties, If, because of the acceleration of maturity, the payment of interest in advance or any other reason, Maker is required, under the provisions of any Loan Document, to pay interest at a rate in excess of such maximum rate, the rate of interest under such provisions shall immediately and automatically be reduced to such maximum rate, and any payment made in excess of such maximum rate, together with interest thereon at the rate provided herein from the date of such payment, shall be immediately and automatically applied to the reduction of the unpaid principal balance of this Note as of the date on which such excess payment was made. If the amount to be so applied to reduction of the unpaid principal balance exceeds the unpaid principal balance, the amount of such excess shall be refunded by Payee to Maker, This Note is secured by and entitled to all of the benefits of (i) a Mortgage (the "Mortgage") of even date herewith from Maker as Mortgagor to Payee as Mortgagee of Maker's interest in certain real property described therein situate in Lehman Township, Luzeme County, Pennsylvania, together with the additional collateral described therein (the "Mortgaged Premises"); (ii) the Guaranty and Surety Agreement of Gordon K. Banzhoff, M.D., Gordon K. Banzhoff, Jr, and William Witkoski (the "Guarantors"); (ill) an Assignment of Rents and Leases (the "Assignment of Leases") affecting the Mortgaged Premises; and (iv) all additional security set forth in the Commitment Letter, this Note, and the documents described in (i) - (iv) above, and any other documents executed by Maker or any Guarantor and delivered to Payee in connection with this Loan are collectively referred to herein as the "Loan Documents"). Reference is made to the Loan Documents for a description of the properties and collateral mortgaged, secured and pledged as security for this Note, the nature and extent thereof, the rights of the holder of this Note and the Maker and the Guarantors in respect of such security and otherwise, 4 and the terms upon which this Note is issued, All of the terms. covenants. agreements. conditions. warranties and provisions contained in the Loan Documents are hereby incorporated into this Note With the same force and effect as if they were fully set forth herein. Maker covenants and agrees to comply with and perform all such provisions. or cause them to be complied with and performed. strictly in accordance with their terms. For purposes of this Note "Collateral Security" means any and all goods, chattels, inventory. equipment. securities. deposits. accounts receivable. notes, documents. instruments. money. safe deposit box contents. and other property of Maker of whatever kind or nature which may now or hereafter be deposited with or in the possession or control of Payee. Maker hereby pledges the Collateral Security as security for the payment of this Note and agrees that, in the Event of a Default under this Note. Payee may set off any of the Collateral Security against any amount due hereunder or apply any other Collateral Security or other proceeds of the Collateral Security to any amount due under this Note or under any other Loan Document, "Default" under this Note shall mean any Event of Default (as hereinafter defined) and any event which with the passage of time or the giving of notice. or both. would become an Event of Default. Upon default (as hereinbefore defined) Payee may collect any late charges, interest on overdue amounts at the Default Rate and any damages or loss to Payee by reason of the default (including consequential damages) and may set off the Collateral Security against or apply it to any sum due under this Note or any other Loan Document. Each of the follOWing events shall constitute an "Event of Default" under this Note, subject to any applicable notice and grace period as set forth herein or therein: (a) Maker fails to make any payment of principal or interest or any other sum required to be made under this Note or any other Loan Document, and such payment is not made within fifteen (15) days after its due date; (h) there occurs an Event of Default as defined in any other Loan Document; (c) any Maker or Guarantor becomes insolvent or makes an assignment for the benefit of creditors; (d) (i) a Court shall enter a decree or 5 order for relief in respect of any Maker or Guarantor in an involuntary case under the Federal Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appointing a receiver, liquidator, assignee. custodian, trustee, sequestrator (or similar official) of any Maker or Guarantor or for any of the property of any Maker, ordering the winding up or liquidation of his/her/its/their affairs, and such decree or order shall remain unstayed and in effect for a period of sixty (60) days: or (ii) any Maker or Guarantor shall commence an action in bankruptcy, insolvency, or under any other similar law now or hereinafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar offiCial) of any Maker or Guarantor or for any part of his/her/its/their property; (el failure by the Maker to observe or perform any other covenant, agreement, condition or term of this Note not otherwise specifically enumerated as an Event of Default which remains uncured thirty (30) days after written notice thereof by Payee provided that if such failure cannot be reasonably cured within such thirty (30) day period as aforesaid and if Maker has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein may be extended up to a date set by Payee; (f) breach by Maker of any other obligation to the Payee subject to any applicable notice and/or grace period; (g) any representation or warranty in any financial or other statements, schedule, certificate or other document of any Maker or Guarantor delivered to Payee by or on behalf of any Maker or Guarantor shall prove to be false, misleading, or incomplete in any material respect when made; (h) a material adverse change occurs in the financial condition of any Maker or Guarantor; (i) (/f)t- any Maker or Guarantor assigns or otherwise transfers or attempts to assign or . transfer any interest in the Mortgaged Premises (except as:provided in the ~ Mortgages); or 0) Maker or any Guarantor defaults under the terms of any ~&K(I~ other obligation of Maker or Guarantor to Payee. .t' Pf?o,J..'-",/ ~~..Io"..l t-o V..'- r"''1;e cor e:i~ At any time after occurrence of an Event of Default, Payee may, at Payee's option and without notice or demand, do anyone or more of the following: 6 (a) Without declaring the unpaid principal balance to be due, collect all installments of principal and/or interest (at the then applicable rate provided above to the date on which a default occurs and, thereafter, at the Default Rate) and all other sums due under this Note or any other Loan Document from time to time. by any action provided in this Note or any other Loan Document or provided at law or in equity; (b) declare the entire unpaid principal balance of this Note, together With interest accrued thereon (at the then applicable rate provided above to the date on which a default occurs and, thereafter, at the Default Rate) and all other sums due from Maker under this Note or any other Loan Document to be due and payable immediately; and/or (c) exercise any other right or remedy as may be provided in this Note or any other Loan Document or provided at law or in equity. Payment of all or any part of the Indebtedness (as defined below) may be recovered at any time by anyone or more of the foregoing remedies. Whether or not the entire unpaid principal balance is declared to be due, the interest rate on the unpaid principal balance shall be the Default Rate from the date on which a default occurs until the date on which all defaults are cured or the entire unpaid principal balance and all other sums due under this Note or any other Loan Document (collectively, the "Indebtedness") are actually received by Payee. Upon the entry of any judgment after default, interest shall continue to accrue at the Default Rate on the judgment amount from the date of judgment until actual receipt of the entire Indebtedness by Payee, including any period after a Sheriffs Sale of the Mortgaged Premises. In any action under this Note or any other Loan Document, Payee may recover all costs of suit and other expenses in connection With the action. including the cost of any title search and reasonable attorneys fees, paid or incurred by Payee. The rights and remedies provided to Payee in this Note and the other Loan Documents. including all warrants of attorney, (a) are not exclusive 7 and are in addition to any other rights and remedies Payee may have at law or in equity, (b) shall be cumulative and concurrent, (c) may be pursued singly, successively or together against Maker, any of the Mortgaged Premises, any of the Collateral Security and/or any other security at the commercially reasonable discretion of Payee, and (d) may be exercised as often as occasion therefor shall arise. The failure to exercise or delay in exercising any such right or remedy shall not be construed as a waiver or release thereof. Maker hereby waives and releases Payee and its attomeys from all errors, defects and imperfections (of a procedural nature) in any proceeding instituted or maintained by Payee under this Note or any other Loan Document, Maker hereby, to the extent not prohibited by law, waives all benefit of any and all present and future statutes of limitations and moratorium laws and any and all present and future laws which (a) exempt all or any part of the Mortgaged Premises, the Collateral Security or any other real or personal property or any part of the proceeds of any sale of any such property from attachment, levy, foreclosure or sale under execution, (b) provide for any stay of execution, marshaling of assets, exemption from civil process, redemption, extension of time for payment, or valuation or appraisement of all or any part of the Mortgaged Premises, the Collateral Security or any other real or personal property, or (c) conflict with any provision of this Note or any other Loan Document. Maker agrees that the Mortgaged Premises, the Collateral Security and any other real or personal property may be sold to satisJy any judgment entered under this Note or any other Loan Document in whole or in part and in any order as may be desired by Payee. Except as otherwise provided herein, Maker and all endorsers, sureties and guarantors, jointly and severally: (a) waive presentment for payment, demand. notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices (not expressly provided for in this Note) in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note; (b) agree that the liability of each of them shall be unconditional Without regard to theliability of any other party and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee at any time; (c) consent to any and all indulgences, extensions of time, renewals, waivers or modifications granted or consented to 8 Payee shall not be constru.ed for any purpose to be a partner. joint venturer or associate of Maker or of any lessee, operator. concessionaire or licensee of Maker or of any of the Mortgaged Premises by reason of this Note or any of the Loan Documents or of any action by Payee pursuant to any provision of this Note or any other Loan Document. Time is of the essence of each and every provision of this Note, The words "Payee" and "Maker" shall include the respective heirs, distributees, personal representatives, successors and assigns of Payee and Maker, respectively. The provisions of this Note shall bind and inure to the benefit of Payee and Maker and their respective heirs. distributees, personal representatives, successors and assigns provided that the provisions of this paragraph are subject to all the other provisions of this Note and the other Loan Documents, including the above due-on-sale clause. If there is more than one Maker, the liability of each shall be joint and several. As to all pronouns and other terms in this Note, the singular shall include the plural and vice versa and any gender shall include the other two genders, as the context may require. The phrase "any of the Mortgaged Premises" shall mean "all or any part of any of the Mortgaged Premises or any interest therein." The phrase "any of the Collateral Security" shall mean "all or any part of the Collateral Security or any interest therein." This Note may be modified, amended, discharged or waived only by an agreement in writing signed by the party against whom enforcement of any such modification, amendment, discharge or waiver is sought. This Note shall be governed by and constru.ed according to the laws of the Commonwealth of Pennsylvania, 10 by Payee at any time; (d) consent to the release of all or any part of or interest in the Mortgaged Premises or the Collateral Security or any other collateral described in any Loan Document, With or Without substitution; and (e) agree that additional makers. endorsers, guarantors or sureties may become parties to this Note or any other Loan Document Without notice to them or affecting their liability under this Note or any other Loan Document. Payee shall not be deemed, by any act of omission or COmmission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee. Such a written waiver signed by Payee shall waive Payee's rights and remedies only to the extent specifically stated in such written waiver. A waiver as to one or more particular events or defaults shall not be construed as continuing or as a bar to or waiver of any right or remedy as to another or subsequent event or default. Maker shall pay the cost of any revenue. tax or other stamps now or hereafter required by law to be affIxed to this Note. Maker shall pay any and all taxes imposed upon Payee by reason of this Note or the ownership or possession of this Note, including personal property taxes, but excluding any income taxes imposed by reason of interest received by Payee under this Note. and shall reimburse Payee for the amount any such taxes paid by Payee. If Maker fails or refuses or is not legally permitted to make such payment or reimbursement. Payee. may, at its option. declare the Indebtedness to be immediately due and payable, whereupon Maker shall immediately pay such principal and other sums to Payee. If Maker or any Guarantor shall, Without in each instance the prior written consent of Payee, sell, transfer, convey, mortgage, encumber, lease or otherwise alienate all of any part of the Mortgaged Premises or any interest therein (except as permitted by the Mortgage or Assignment of Leases), whether voluntarily or by operation of law, then Payee may, at its sole option, declare the Indebtedness to be immediately due and payable, whereupon all such principal and other sums shall be immediately due and payable. Notwithstanding anything to the contrary, the sale or transfer of William Witkoski's partnership interest in Maker shall not be deemed to constitute a transfer of the Mortgaged Premises. 9 All notices. requests, demands and other corrununications given pursuant to any provision of this Note shall be given in WIiting by U,S, certified or registered mail with retum receipt requested and postage prepaid, or by any 24-hour coulier service with proof of delivery. addressed to the party for which it is intended at the address of that party first stated above or such other address of which that party shall have given notice in the manner provided herein. Any such mail notice shall be deemed to have been given when the notice is deposited in the mail. Any such coulier notice shall be deemed to have been given on the following business day, UPON AN EVENT OF DEFAULT BY MAKER, MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR ATTORNEYS OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA. OR IN ANY OTHER JURISDICTION WHICH PERMITS THE ENTRY OF JUDGMENT BY CONFESSION. UPON DEFAULT AS HEREIN DEFINED. TO APPEAR FOR ANY OR ALL MAKER IN SUCH COURT IN AN APPROPRIA1E ACTION THERE BROUGHT OR TO BE BROUGHT AGAINST MAKER AT THE SUIT OF PAYEE ON THIS N01E. WITH OR WITHOUT COMPLAINT OR DECLARATION FILED, AS OF ANY 1ERM OR TIME, AND THEREIN TO CONFESS OR ENTER JUDGMENT AGAINST MAKER FOR ALL SUMS DUE BY MAKER TO PAYEE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS (WITH OR WITHOUT ACCELERATION OF MATURITY). INCLUDING ALL COSTS AND REASONABLE ATTORNEYS' FEES. FOR SO DOING THIS N01E OR A COpy HEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE AUTHORI1Y TO CONFESS JUDGMENT GRAN1ED HEREIN SHALL NOT BE EXHAUS1ED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED FROM TIME TO TIME AND AT ANY TIME AS OF ANY 1ERM AND FOR ANY AMOUNT AUTHORIZED HEREIN. MAKER EXPRESSLY AUTHORIZES THE ENTRY OF REPEATED JUDGMENTS UNDER THIS PARAGRAPH NOTWITHSTANDING ANY PRIOR ENTRY OF JUDGMENT IN THE SAME OR ANY OTHER COURT FOR THE SAME OBLIGATION OR ANY PART THEREOF. MAKER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY COUNSEL IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THIS 11 NOTE; AND MAKER WAIVES ANY RIGHT TO NOTICE OR A HEARING WHICH IT MIGHT OTHERWISE HAVE BEFORE ENTRY OF JUDGMENT. IN WITNESS WHEREOF. Maker has caused this Note to be executed the I'1J1o day of April. 2001. BANZHOFF. BANZHOFF & ~.I1 c~ Witness L 1~1!l- ,,}- "[b I [;J(f '", 'q^ (J,.'~ 00j _ William Witkoski. Partner 12 7177373407 SRIDIS SHUFF MRSLRND 550 P03 JUN 11 '02 14:20 COMMUNITY BANKS, N.A., Plainti ff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, . NO, GORDON K, BANZHOFF, M,D" Defendant CONFESSION OF JUDGMENT CIVIL ACTION - LAW VERIFICATION I. Raymond Granger. Special Assets. for Community Banks, N.A., being authorized to do so on behalf of Community Banks, N,A., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my infonnation, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S. Section 4904, relating to unsworn falsification to authorities, COMMUNITY BANKS, N.A. Date: 6.- I z.. - Q ~ .~ By: ~ / Raymon anger _" As.. ry COMMUNITY BANKS, N.A., Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, O~- .;l.crl~ CL;L~~ : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW GORDON K. BANZHOFF, M,D" Defendant NOTICE TO: Gordon K. Banzhoff, M,D, Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the saidjudgment. IF YOU HAVE ANY QUESTIONS CONCERNING TIllS NOTICE, PLEASE CALL: KARL M, LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 761-1881 (L+~, 2.~ Prothonotary COMMUNITY BANKS, N.A., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 0;< - J-CftL e(,)~L ~~ : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW GORDON K, BANZHOFF, M,D" Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Community Banks, N.A., Plaintiff in the above captioned matter, Respectfully submitted, Date: t~ 1'1-tJL By: arl M, ebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff COMMUNITY BANKS, N.A., Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, O~ - .;{ql(P (7,'u:l '-r~ : CONFESSION OF JUDGMENT : CNIL ACTION - LAW GORDON K. BANZHOFF, M,D" Defendant AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant, Gordon K. Banzhoff, M,D" in the above-captioned action is not presently on active or nonactive military status, Respectfully submitted, Date: 6 -It.[ ~tJ0 By: M, L . ebohm, squire upreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, o.;t- a.qrlo C;C)~l /~ : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW COMMUNITY BANKS, N.A., Plaintiff GORDON K. BANZHOFF, M,D" Defendant CERTIFICATE OF ADDRESSES I hereby certifY that the precise address of Plaintiff, Community Banks, N.A., is 150 Market Square, p, O. Box 350, Millersburg, Pennsylvania 17061; and that the last known address of the Defendant, Gordon K. Banzhoff, M,D" is 37 Tuscany Court, Camp Hill, Pennsylvania 17011, Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY Date: 1>.-- ('{.--o L By: I M, edebohriJ., Esquire upreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff COMMUNITY BANKS, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 02-2916 CIVIL TERM GORDON K. BANZHOFF, M,D., Defendant CONFESSION OF JUDGMENT CIVIL ACTION ~ LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (I) directed to the sheriff of Cumberland County; (2) against Gordon K. Banzhoff, M,D., 37 Tuscany Court, Camp Hill, Pennsylvania 170 II, Defendant; (3) against PNC Bank, National Association, 180 Noble Boulevard, Carlisle, Pennsylvania 17013, Garnishee; and (4) against Citizens Bank, N,A., 665 N. East Street, Carlisle, Pennsylvania 17013, Garnishee; (5) and index this writ (a) against Gordon K. Banzhoff, M.D" 37 Tuscany Court, Camp Hill, Pennsylvania 17011, Defendant; and (b) against PNC Bank, National Association, 180 Noble Boulevard, Carlisle, Pennsylvania 17013, as Garnishee (c) against Citizens Bank, N,A., 665 N, East Street, Carlisle, Pennsylvania 17013, as Garnishee and levy upon and attach as required the following: (a) Any and all personal property ofthe Defendant, Gordon K. Banzhoff, M.D" held by PNC Bank, National Association, Garnishee, and Citizens Bank, Garnishee, including without limitation any and all deposit accounts and safety deposit boxes. (6) Amount due: Interest from 6/14/02 Attorneys fees Costs $605,725,83 at $175.50 per diem (to be added) (to be added) (to be added) Certification I certifY that (a) This praecipe is based upon ajudgment entered by confession; and (b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.3, By F, FLOWER & LINDSAY ~. I M, debohriI, Esquire upreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Plaintiff (J ~'l OJ '- ~ -t:)N~ ~~ ~ :+- ~ 1 ~~ ~ ~ 1'-(; l' f '-~ ~-;-l:: .~ c" (9 ~ (), 0 10 :tJ ~~p:: , f:c) -::b ~.V-t- (') ~ fi. ... i!*i ,!5 :-t! '" ;;: N -< 7 ~L:I ~ """ 1E8 :J:: :i>e: _ ~:.n -< c'.:i ~ ~ o ...., '-, ~j: '11 I,.l~ 'r:l'ri ~r)? "-':;r-) :-:-;.,,- .:C tl ,,20 "'5m ~ -< COMMUNITY BANKS, N.A., Plaintiff : IN THE COURT OF CO.MMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO, 02-2916 CIVIL TERM GORDON K. BANZHOFF, M.D., Defendant : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON TO: Gordon K. Banzhoff, M,D, A judgment in the amount of $605,725.83 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you, The court has issued a Writ of Execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid obj ections 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH TillS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VB 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, P A 17013 (717) 249-3166 or 1-800-990-9108 Date: c;j r 12- - OL- By L I M, LedebohIn, Esquire upreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff COMMUNITY BANKS, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 02-2916 CIVIL TERM GORDON K. BANZHOFF, MoO" Defendant : CONFESSION OF JUDGMENT : CNIL ACTION - LAW PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the jUdgrrient on this ground and request a prompt hearing on this issue, I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 94904 relating to unsworn falsification to authorities, Notice of the hearing should be given to me at Street Address City, State Telephone Number Date: Defendant WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2916 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMUNITY BANKS, N,A" Plaintiff (s) From GORDON K. BANZHOFF, M,D" 37 TUSCANY COURT, CAMP HILL, PA 170ll (I) You are directed to levy upou the property of the defendant (s)and to sell , (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, GORDON K. BANZHOFF, M.D., HELD BY PNC BANK, GARNISHEE, NATIONAL ASSOCIATION, 180 NOBLE BOULEVARD, CARLISLE, P A 17013 AND CITIZENS BANK, N.A" GARNISHEE., 665 N. EAST STREET, CARLISLE, PA 17013, INCLUDING WITHOUT LIMITATION ANY AND ALL DEPOSIT ACCOUNTS AND SAFETY DEPOSIT BOXES. GARNlSHEE(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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $605,725.83 L.L. $.50 Interest FROM 6/14/02 AT $175.50 PER DIEM (TO BE ADDED) Atty's Comm % Due Prothy $1.00 Ally Paid $32.50 Plaintiff Paid Date: AUGUST 22, 2002 Other Costs (Seal) CURTIS R. LONG Prothonotary n 7n. fu': L//liVJ, C' c-=- ~/)fl0 Deputy REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, PA 170ll Attorney for: PLAINTIFF Telephone: 717-761-1881 Supreme Court ill No. 59012 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL DIVISION COMMUNITY BANKS, N.A. Plaintiff( s), vs, GORDON K. BANZHOFF, M.D. Defendant(s), vs, CITIZENS BANK OF PA, Garnishee, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 02-2916 CIVIL TERM Praecipe for Appearance Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of PA Counsel of Record for this Party: David F, Mowrey, Esquire PA I.D, No, 30431 2 Commerce Square 2001 Market Street Suite 600 Philadelphia, PA 19103 (215)-553-3861 ......., IN THE COURT OF COMMON PLEAs CtlMBllRLANo cO!JNry, PA CIVIL DIVISION PRAECIPE TO; Office of the Prothonotary One COurthouse Square COurthouse Carlisle PA 17013-3387 Sir: Kindly ente, my ap'""''''nce on behalf of GamiShee, Citizens Bank Of PA David F. Mowrey, Esquire 2 Commerce Square 2001 Market Street Suite 600 Philadelphia, PA 19103 . ""O"~_.h......"....",._....".<< Certificate of Service I. David F. .-reY. hereby ce""" that a trUe and correct coPY of this Praecipe for Appearance has been ..Ned upon the foiiowlng by depositing .,n the U. s. Maii. postage prepald,thls qM- daYof fAJIJ f ,2002. K.ARL M. LEDEBOHM, ESQUIRE SAlDIS, SHUFF, FLOWER & LINDSAY 2109 MARKET STREET CAMPHlLLPA 17011 GORDON K. BANZHOFF, M.D. :iJ~-r. ~ David F. Mowrey, Esq (') c: ;;:;;;,;. LJ-'-'~ ':2.7 ~'., t;:' -~ S:t <. "::;,,,,C ,__ ~~:; .....- --:J -, C,) r>v c..., ""i 'OJ (-J ~ -.. C. ~--") , 'e, :,,) -:,;: ~ \- uJq 0,(-- R:~i <';JC Dc.: Ll-"J, ~L' U::', r-.: L.L- a C'J ..:.1 cr; f;; g~ ('):::'1 .">- "..;~ (n ..J2 ;.,,-'-:>' , ....,t;_. UlU ::D n.. 'S :s (,) :c c.. r- 2' :::::J -, N o SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-02916 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND f COMMUNITY BANKS NA VS BANZHOFF GORDON K MD And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0011:50 Hours, on the 28th day of Auqust , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BANZHOFF GORDON K MD , in the hands, possession, or control of the within named Garnishee PNC BANK 180 NOBLE BOULEVARD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MARLIS TREMBUR (BRANCH MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge ,00 .00 .00 ,00 .00 .00 So answers: ~ ~ ~ ~-t:~ R, Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this "I~ day of .~..., t. , ::J{)-f1.} A,D. c;l~(. f) /h,;"" .<f~ Pro notary , By j); ~~ Deputy Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-02916 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COMMUNITY BANKS NA VS BANZHOFF GORDON K MD And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:10 Hours, on the 28th day of August , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BANZHOFF GORDON K MD in the hands, possession, or control of the within named Garnishee CITIZENS BANK, N.A, 665 N. EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to RICHARD MIROCCO (SALES AND SERVICE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 ,00 .00 ,00 ,00 So an~wer ~1? ~ ',. .._~ ~ ~ - R, Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this <I ~ day of 4,,:r,;.<..i,~ .2&tJ.L. A. D. ' By Jt~~ Deput heriff ~, t? )y.~,,;,.. , $!f Pro h notary , COMMUNITY BANKS, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2916 CIVIL TERM GORDON K. BANZHOFF, M,D., Defendant : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please dissolve the attachment against PNC Bank, National Association as garnishee in the above captioned matter, Respectfully submitted, SAIDIS, SHUFF FLOWER & LINDSAY Date: r - , 1- r o-z..- By: Karl . Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street CampHill,PA 17011 (717) 737-3405 Attorney for Plaintiff :4Q. ~ ~ ~ ~ 't 8 ~J::~ ..0 ~ r" tSfr):t'\ ~ F -- (") ~ "'" '"0 u. rnSj Zr~. Z."., <n~~. -'<:.<<. !;;c j> ....--. zl.... ",,-C) '-c ~ o N t,I) r1'l -0 N Ul o -" '-I ":r: --n !'i'ih, r (..; " ;'~Ii '10 om --I ~ -< -0 - -,,'" N .. :::l o .-5. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee 18.00 2.28 .50 1.00 6.90 30.00 40.00 18.00 116.68 Sworn and Subscribed to before me this je day of ~ 2003AD.~, t2~~. pr t onotary .(::2> ~~ ;~ ..::;:::3 ..~~ .,j ["\[13 , .k!1 3:m~ Advance Costs: 150.00 Sheriff's Costs: 116.68 33.32 Refunded to Atty on 3/25/03 So Answers; C> ~ "-.J '<) ....... ~ r~'''~~.' R. Thomas Kline, Sheriff By 'Q,\ rr i i ;'U ..._~ Cl ~~lt/4 I n ~ c::::u=u , c::::u=u ~ :~ '?1fU \ ,SO t.R. !.f03o'1 J~ /3(, V..l? r~ 7 r\~ rf ~_(" ull! ., Jj , (M) v ""J UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: GORDON K, BANZHOFF, SR, Debtor : IN BANKRUPTCY : BK, NO. 1-04-00558 : CHAPTER 7 PROCEEDING GORDON K, BANZHOFF, SR, Movant : LIEN AVOIDANCE : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 02-02916 COMMUNITY BANKS, N.A. Respondent ORDER OF COURT FOR JUDGMENT BY DEFAULT f.f/l AND NOW, this rr day of Jlt:llV ,2004, in consideration of the within Motion for Judgment by Default filed by counsel for DebtorlMovant, the Court finds that the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on May 13, 2004 and duly served upon the Respondent and its counsel on May 18, 2004; therefore, the Court orders judgment by default in favor of the Movant, Gordon K. Banzhoff, Sr., and against the Respondent, Community Banks, N,A, to the relief requested in the Motion, IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent is hereby declared void in its entirety and of no further force and effect as it violates II U,S.C, Section 522(f)(1) and interferes with II U.S,C, Section 522(d), BY THE COURT: Is! John J. ,"omas [:':1 [=0 I ILL-:. HARf1ISI3UnG PA I " I JUN 1 7 2004 W L..,__.._._J '. ll'3. f"', ".,,,,., "~'cy Court Bankruptcy Judge: RECORO thI8..LL CERilFIED FROM THE . . ' ~ ~\IY\-<: _.20 day of -co p-'{:ruDtcy COL\rt Cler\(, U,;:), ~u":' I~ ~~ D8:>Uty Clerk Per_ f:J D ~ 2 ....., :-C = ~ f"\ = ~ 0 '-.'" -,,- .~~" !;t. r;" <-- :r!.,.., () c c:: z r<'- ~ N ~~ "'- - N ~ ~ --tQ 2'; :t:.-d (,-, qc:) il> ~3 ~ C3 ?jrt1 ...c; ~ ,1> ~ U'l ::8 N -~ l>- ~ I- rt' "" COMMUNITY BANKS, N.A., Plaintiff y, GORDON K. BANZHOFF, M,D" Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 02-2916 CIVIL TERM : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW PRAECIPE Please mark the judgment entered in the above-captioned action satisfied, Date: May 27, 2005 Respectfully submitte,d, If {LmDSAY By: ({I_ Matthew], Eshel an, Esquire ID #72655 2109 Market Stree , Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks C) '::-0 '.-r,) c..) r,,-~.