HomeMy WebLinkAbout02-2918
COMMUNITY BANKS, N.A.,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
; NO, a;}. -<1J> C~J,~ 'r~
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
GORDON K. BANZHOFF, JR.,
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
$ 2,000,00
$ 135,50
Legal Fees
Costs
TOTAL
$605,725.83 plus additional
interest, and costs from the
date ofthe Complaint.
Respectfully submitted,
Date: 6,- ! r ~() 'L
AY
Kar ebohm, Esquire
Supreme Court ill #59012
2109 Market Street
Camp Hill, P A 17011
(717) 737-3405
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COMMUNITY BANKS, N.A.,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. OJ.. -.:291P CZ(.)L'-T~
: CONFESSION OF JUDGMENT
: CNIL ACTION - LAW
GORDON K, BANZHOFF, JR"
Defendant
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, Jr" 245
North 25th Street, Camp Hill, Pennsylvania 17011,
3, Defendant Gordon K. Banzhoff, Jr, ("Defendant") executed and delivered to
Plaintiff a Guaranty and Surety Agreement (the "Guaranty"), a true and correct photostatic
reproduction of the 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:
a,
Principal
$589,038,57
b,
Interest to June 14, 2002
$ 11,583,08
$ 2,968,68
$ 2,000,00
c,
Late Charges
d,
Legal Fees
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, Jr.,
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,
Date: t..- II{ ---0 z.
M, 0, Esquire
upreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
2
..
.'
GUARANTY AND SURETY AGREEMENT
THIS GUARANTY AND SURETY AGREEMENT (the "Guaranty") is
dated this I "t~ day of April, 202.1_b~,p~~ K., BANZHOFF, JR., an adult
individuals with an address at ~ ",", "("Guarantor"), in favor of
COMMUNITY BANKS, N.A., a national banldlghssociation, with offices at 150
Market Square, p, O. Box 350, Millersburg, PA 17061 ("Lender"), to secure certain
obligations ofBANZHOFF, 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, M.D. 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, ifthere is more than one,
each Guarantor, jointly and severally, hereby agrees as follows:
1. Obli!rntions. The following guarantees and obligations (together,
the "Obligations") are undertaken by Guarantor:
1
tx.h,b,t "11'1
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 ofthe 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,
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
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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. Bankruptcv 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 of law.
hereby:
5, Alrreements 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 of) 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
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
3
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 to due to Lender's
gross negligence or intentional wrongful actions.
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 Lenderls 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.
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.
4
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 (iii)
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.
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
5
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 Judlmlent, IN THE EVENT OF DEFAULT BY
:ANY GUARANTOR HEREUNDER, SUCH GUARANTOR HEREBY
IRREVOCABLY AUTHORIZES ANY ATTORNEY OF ANY COURT OF RECORD
TO APPEAR FOR AND CONFESS JUDGMENT AGAINST 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 PAID IN FULL AND ALL OBLIGATIONS OF ALL SURETIES HAVE
BEEN COMPLIED WITH AND PERFORMED.
8. Subrogation, 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. Counternarts. 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
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
6
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 oflaw, 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
s of the date first written above. 1
LR ~4i~ff.J'
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF ~'--"..~""
SS
On this, the \"'\.~'eIay of April, 2001, before me, the undersigned,
personally appeared GORDON K. BANZHOFF, JR., 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 hereunto set my hand and official seal.
~~Y-,~
Notary Public
NOTARIf\L S:::AL------,.,
LISA Fl. ROWE:, NC!i';rv PUbiic
I City of Harrisburg, Daupr~lrl COUt:,;:
My Commission Expires JU1/12, 2(:8-;
My Commission Expires:
(SEAL)
,256318 _I
EXPLANATION OF RIGHTS - CONFESSION OF JUDGMENT
1. On the date hereof, GORDON K, BANZHOFF, JR"an adult individual with an
address of 37 Tuscany Court, Camp Hill, P A 170 II (the "Guarantor"), as Guarantor executed a Guaranty
in favor of Community Banks, N.A., its successors and assigns ("Community") guaranteeing the
payment and performance of the Obligations as defmed therein. The Obligations include loan proceeds
issued or to be issued by Community to or for the benefit ofBANZHOFF, BANZHOFF & WITKOSKI.
II, a general partnership organized and existing under the laws of the Commonwealth of Pennsylvania
(the "Borrower"), Guarantor desires to induce Community to close the loan to Borrower. Guarantor
understands clearly and specifically that by signing the Guaranty, which contains a confession of
judgment clause:
(a) Guarantor authorizes Community to enter a Judgment against Guarantor
and in Community's favor which will give Community a lien upon any real estate which
the Guarantor may own;
(b) Guarantor gives up the right to any notice or opportunity to be heard
prior to the entry of such Judgment on the records of the court;
(c) Guarantor agrees that Community can enter the Judgment after default
as defined in the Guaranty or in any other Loan Document as defmed therein (the "Loan
Document") executed by Borrower simultaneously herewith;
(d) Guarantor subjects Guarantor's property, real, personal and mixed, to
execution and sheriff's sale, pursuant to the Judgment, prior to proof of non-payment or
other default on Guarantor's part;
(e) Guarantor will be unable to challenge the Judgment, should Community
enter it except by proceeding to seek relief from or to open or to strike the Judgment. and
such a proceeding will result in attorneys' fees and costs which the Guarantor will have
to pay;
(f) Guarantor gives up the right to require Community to present a sworn
document setting forth in non-conclusory tenns the basis for its claim before obtaining a
writ of garnishment or a writ of attachment or a writ of execution;
(g) Guarantor agrees that the writ of garnishment or writ of attachment or
writ of execution may be issued without notice and without the necessity of a review and
approval by an official vested with requisite discretion; and
(h) Guarantor gives up the right or opportunity for a prompt hearing after
seizure of or execution or levy on the Guarantor's property, at which hearing
Community must demonstrate at least the probable validity of its claim and that
Guarantor voluntarily, intelligently and knowingly gave up Guarantor's constitutional
right to notice and hearing prior to entry of the Judgment.
2, Guarantor knows and understands that it is this instrument and the confession of
judgment clause in the Guaranty which gives Community the rights and benefits enumerated in
subparagraphs (a) through (h) of paragraph I above. IF GUARANTOR DOES NOT SIGN THIS
INSTRUMENT AND THE GUARANTY WHICH CONTAINS THE CONFESSION OF JUDGMENT
CLAUSE. GUARANTOR UNDERSTANDS THAT GUARANTOR WOULD HAVE THE
FOLLOWING: (a} the right to have notice and an opportunity to be heard prior to entry of the Judgment;
(b) the right to have the burden of proving default rest upon Community before Guarantor's property can
be exposed to levy, attachment, garnishment or execution; (c) the right to avoid the additional expense of
attorneys' fees and costs incident to seeking relief from or opening and striking off a judgment; (d) the
right to require Community to present a sworn document setting forth in non-conclusory terms the basis
of its claim before Community obtains a writ of garnishment or a writ of attachment or a writ of
execution; (e) the right to condition the issuance ofa writ of garnishment or a writ of attachment or a
writ of execution on notice and review and approval by an official vested with requisite jurisdiction; (f)
the opportunity for or right to a prompt hearing after seizure of or levy or execution on Guarantor's
property, at which hearing Community must demonstrate the probable validity of its claim and that
Guarantor voluntarily, intelligently and knowingly gave up Borrower's constitutional right to notice and
hearing prior to entry of Judgment.
3, Fully, completely and knowingly understanding these rights which Guarantor
has prior to signing the Guaranty and this instrument and clearly aware that these rights will be given up,
waived, relinquished and abandoned if Guarantor signs the Guaranty and this instrument, Guarantor
nevertheless freely and voluntarily chooses to sign the Guaranty and this instrument, Guarantor's
intentions being to give up, waive, relinquish and abandon its known rights (as described in paragraph 2
above), and subject himself or herself to the circumstances described in paragraph I above.
4, Guarantor acknowledges that (a) the Guaranty and this instrument have been
executed in a commercial transaction for business purposes; (b) at all times material hereto Guarantor
was represented by counsel in connection with the execution of the Guaranty and every other Loan
Document, and in particular the Guaranty and this instrument; and (c) Guarantor reviewed the Guaranty
and this instrument with Guarantor's attorney before signing them,
5. Whenever the context of this instrument requires, all terms used in the singular
will be construed in the plural and vice versa, and each gender will include each other gender,
Dated this t'f~ day of April, 2001.
GUARANTOR HAS READ THIS ENTIRE FORM, GUARANTOR FULLY
UNDERSTANDS ITS CONTENTS AND INTENDS TO BE LEGALLY BOUND HEREBY.
GU~/!A ~ .
GORDON K. BANZJKOF~. ~
Residence address:
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 COMMUNI1Y BANKS. N,A., a national banking association (hereinafter
called "Payee"). at 150 Market Square. P. O. 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 finance
the acquisition of a mobile home part known as Country Crest located in
Lehman Township, Luzeme 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 Luzeme 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 installments (each a "Scheduled Monthly
Installment") in the initial amount of Five Thousand TIrree 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 defined, 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 Monthly Installments shall continue to be due and payable
L'l-h, hi ~ ''13''
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 Applicable Rate of Interest then in effect, From the
Conversion Date to and including the Maturity Date (as hereinafter defined) the
aggregate principal balance together With interest at the Applicable Rate shall
be due and payable in consecutive monthly installments (a "Scheduled Monthly
Installment"). Scheduled Monthly Installments shall be applied fIrst to interest
accrued on the outstanding principal balance hereof at the Applicable 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
Applicable 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 ..rL. 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 Applicable Rate of Interest shall be fixed at Eight and Eight
Hundred Seventy Five Thousandths (8,875%) percent per armum for a period of
sixty (60) months from the date of this Note. Thereafter. the Applicable Rate of
Interest shall either be (i) in the sole discretion of Payee. a fixed rate of interest;
or (ii) in the event Maker declines the fixed rate (if any) available on the
Conversion Date or if Payee declines 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 defmed in effect at that time and
thereafter in effect from time to time plus One (I %) Percent, The Applicable
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 defmed hereunder.
If any installment of principal and/or interest under this Note or
any other sum due under any other Loan Document (as hereinafter defined) is
not paid within fifteen (I5) days after it is due on its due date or if the Maker
fails to pay the entire principal balance, together with interest accrued thereon,
and all other sums due under this Note or any other Loan Document on the
Maturity Date as defined 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 pennitted 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 principal balance of this
Note on the Maturity Date.
Any prepayment of principal shall be applied against the
installment of principal (by date) last due and payable. No prepayment shall
postpone or interrupt payment of future installments of principal 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
principal remain unpaid fifteen (I5) 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 payments. ProVisions
for such delinquency charge shall not be construed to permit Maker to make
any payment 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"); (iii) 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 defmed) 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 (IS) days after its due
date: (b) there Occurs an Event of Default as defmed 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; (e) 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) ~
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 OJ Maker or any Guarantor defaults under the terms of any ~IJ.I<~.
other obligation of Maker or Guarantor to Payee. .., f'r"'J,.'J.'y ..j,;".lo~." f..., tJJ(_
r,.Y;t!:- c!(' 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 defmed 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 rtghts 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 Securtty 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
rtght or remedy shall not be construed as a waiver or release thereof.
Maker hereby waives and releases Payee and its attorneys 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
moratortum laws and any and all present and future laws which (a) exempt all
or any part of the Mortgaged Premises. the Collateral Securtty 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 Securtty 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
Securtty and any other real or personal property may be sold to satisfY 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 the
liability 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.
distrtbutees, 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 communications given
pursuant to any provision of this Note shall be given in writing by U.S, certified
or registered mail with retum receipt requested and postage prepaid, or by any
24-hour courter 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 marmer provided
herein, Any such mail notice shall be deemed to have been given when the
notice is deposited in the mail. Any such courier 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 A'ITORNEY 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 APPROPRIATE ACTION THERE
BROUGHT OR TO BE BROUGHT AGAINST MAKER AT THE SUIT OF PAYEE
ON THIS NOTE, WITH OR WITHOUT COMPLAINT OR DECLARATION FILED,
AS OF ANY TERM 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 NOTE OR A COpy
HEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE
AUTHORITY TO CONFESS JUDGMENT GRANTED HEREIN SHALL NOT BE
EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED FROM
TIME TO TIME AND AT ANY TIME AS OF ANY TERM AND FOR ANY AMOUNT
AUTHORIZED HEREIN. MAKER EXPRESSLY AUTHORIZES THE ENTRY OF
REPEATED JUDGMENTS UNDER THIS PARAGRAPH NOlWITHSTANDlNG ANY
PRIOR ENTRY OF JUDGMENT IN THE SAME OR ANY OTHER COURT FOR
THE SAME OBLIGATION OR ANY PART THEREOF,
MAKER ACKNOWLEDGES TIIAT 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 OTI:lERWISE HAVE BEFORE ENTRY OF JUDGMENT,
IN WITNESS WHEREOF. Maker has caused this Note to be
executed the l"l"'" day of April. 2001.
c~
BANZHOFF. BANZHOFF &
,~.II
Witness
ftC WJ!L
L~Lil~, ~1^ C),~Jt~ I~
William Witkoski. Partner
12
7177373407 SAIDIS SHUFF MASLAND
550 P04
JUN 11 '02 14:20
COMMUNITY BANKS, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO,
GORDON K. BANZHOFF, JR.,
Defendant
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
VERIFICATION
I, Raymond GTanger, 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'~' 'Z...~o 'Z-
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COMMUNITY BANKS, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, O;;l..- ;Rtf
Q{~~CT~
GORDON K. BANZHOFF, JR"
Defendant
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
NOTICE
TO: Gordon K. Banzhoff, Jr,
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 said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
KARL M, LEDEBOHM, ESQUIRE
TELEPHONE NUMBER: (717)761-1881
(3-<A)";', kJ. 4
Prothonotary ~
COMMUNITY BANKS, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
; NO, D~-;29lf
(!t~~L 'y~
GORDON K. BANZHOFF, JR"
Defendant
: CONFESSION OF JUDGMENT
: CNIL ACTION - LAW
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,
SAlOIS, SHUFF, FLOWER & LINDSAY
Date: 6, -- I tf ~CJ 'L-..
By:
ebohm, Esquire
Supreme our! ID #59012
2109 Market Streel
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, eJ. -;)'9If
Qt~~L ~~
GORDON K. BANZHOFF, JR"
Defendant
: CONFESSION OF JUDGMENT
: CNIL ACTION - LAW
AFF1DA VIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendant, Gordon K. Banzhoff, Jr" in
the above-captioned action is not presently on active or nonactive military status,
Respectfully submitt
ebohri1, Esquire
upreme oUIt ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
Date: t.-- ('-f ~CJ L...
By:
COMMUNITY BANKS, N.A.,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO, 0:2.. - ~,p (JVJ.'-r~
GORDON K. BANZHOFF, JR.,
Defendant
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
CERTIFICATE OF ADDRESSES
I hereby certifY that the precise address of Plaintiff, Community Banks, N,A., is 150 Market
Square, p, 0, Box 350, Millersburg, Pennsylvania 17061; and that the last known address of the
Defendant, Gordon K. Banzhoff, Jr" is 245 North 25th Street, Camp Hill, Pennsylvania 17011,
Respectfully submitted,
SAlOIS, SHUFF, FLOWER & LINDSAY
Date:
b ~ ('{ ~O z.-.
By:
4!JJ2-
I M, ebohm, squire
Supreme 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 PLEA~
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, 02-2918 CNIL TERM
GORDON K, BANZHOFF, JR.,
Defendant
: CONFESSION OF JUDGMENT
: CNIL 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.
(1) directed to the sheriff of Cumberland County;
(2) against Gordon K. Banzhoff, Jr" 245 North 25th Street, Camp Hill, Pennsylvania
17011, Defendant; and
(3) against PNC Bank, National Association, 180 Noble Boulevard, Carlisle,
Pennsylvania 17013, Garnishee;
(4) and index this writ
(a) against Gordon K. Banzhoff, Jr., 245 North 25th Street, Camp Hill,
Pennsylvania, Defendant; and
(b) against PNC Bank, National Association, 180 Noble Boulevard, Carlisle,
Pennsylvania 17013, as Garnishee
and levy upon and attach as required the following:
(a) Any and all personal property of the Defendant, Gordon K, Banzhoff, Jr.,
held by PNC Bank, National Association, Garnishee, including without limitation
any and all deposit accounts and safety deposit boxes,
(5)
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 a judgment entered by confession; and
(b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.3,
By
r M, Ledebobin, Esquire
preme Court ID #59012
2109 Market Street
Camp Hill, P A 170 II
(717) 761-1881
Attorney for Plaintiff
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COMMUNITY BANKS, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 02-2918 CIVIL TERM
GORDON K. BANZHOFF, JR"
Defendant
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
NOTICE UNDER RULE 2958.3 OF JUDGMENT
AND EXECUTION THEREON
TO: Gordon K. Banzhoff, Jr.
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 objections to
the judgment.
You have a right to a prompt court hearing if you claim that you did not voluntarily,
intelligently and knowingly give up your rights to notice and hearing prior to the entry of the
judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to
strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of
Cumberland County at Cwnberland 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
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, PA l70l3
(717) 249-3166 or 1-800-990-9108
Date: 0'~ 12.-- 0 '---
By VI
arl , Ledebohm, Esquire
Supreme Court ID #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, PENNSYL VANIA
v.
: NO, 02-2918 CIVIL TERM
GORDON K. BANZHOFF, JR"
Defendant
: CONFESSION OF JUDGMENT
: CIVIL 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 judgment on this
ground and request a prompt hearing on this issue,
I verifY that the statements made in this Request for Hearing are true and correct. I
understand that false statements herein are made subject to the penalties 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 and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMUNITY BANKS, N.A" Plaintiff (s)
From GORDON K. BANZHOFF, JR., 245 NORTH 25TH STREET, CAMP HILL, PA l70ll
NO 02-2918 Civil
CIVIL ACTION - LAW
(I) You are directed to levy upon 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,
JR., HELD BY PNC BANK, NATIONAL ASSOCIATION, GARNISHEE, 180 NOBLE
BOULEVARD, CARLISLE, PA 17013, INCLUDING WITHOUT LIMITATION ANY AND ALL
DEPOSIT ACCOUNTS AND SAFETY DEPOSIT BOXES.
GARNlSHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $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
Atty Paid $32.50 Other Costs
Plaintiff Paid
Date: AUGUST 22, 2002
CURTIS R. LONG
(Seal)
ProthonotarY
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Deputy
REQUESTING PARTY:
Name KARL M, LEDEBOHM, ESQUIRE
Address: 2109 MARKET STREET
CAMP HILL, PA l70ll
Attorney for: PLAINTIFF
Telephone: 717-761-1881
Supreme Court 1D No. 59012
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SIRLIN GALLOGLY & LESSER, P.C
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
COMMUNITY BANKS, N.A.
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
vs.
GORDON K. BANZHOFF, JR.
and
: NO. 02-2918
PNC BANK, NATIONAL ASSOCIATION,
GARNISHEE
F.NTRY OF APPF.ARANC.F.
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf ofPNC Bank, National Association, Garnishee, in the
above-captioned matter.
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JON . SIRLIN
Attorney for Garnishee
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SHERIFF'S RETURN - GARNISHEE
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CASE NO: 2002-02918 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
COMMUNITY BANKS N A
VS
BANZHOFF GORDON K JR
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 August
, 2002, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
BANZHOFF GORDON K JR
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
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So ans:;.f~
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R, Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and
subscribed to before me
day of ~
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By
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Deputy She~
this 'It!:'
.2utJ:L
'-- Att'-'-' Q. ~ ~
Pr~t onotary ,
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
i215) 864-9700
Attorney for Garnishee
COMMUNITY BANKS, N.A.
vs.
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
GORDON K. BANZHOFF, JR.
and
: NO. 02-2918
PNC BANK, NATIONAL ASSOCIATION,
GARNISHEE
ANSWERS TO INTERROGATORIES IN ATTACHMENT
TO: COMMUNITY BANKS, N.A., PLAINTIFF
1. No.
2. Yes, an account titled Gordon K. Banzhoff, Jr. with a zero balance. This account
has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit
agreement between the bank and the depositor, the bank claims a priority lien in, and a right of
set-off against the account consisting of $1 00.00 Legal Processing Charge. In addition, pursuant
to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be
determined and deducted from the attached funds.
3.-6. No.
Attorney for Garnishee
Dated:
.
VERIFICATION
Tyieshia M. Hayes, being duly sworn according to law, deposes and says that she is the
Wpt tXdministrator of PNC Bank, National Association, the within garnishee, and
verifies that the statements made in the foregoing Answers to Interrogatories are true and
correct to the best of her knowledge. Said garnishee understands that the statements
herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
Date: f;l tJ~~
Cfrm i!J:~
TYIESHIA M. HAYES
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COMMUNITY BANKS, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02-2918 CIVIL TERM
GORDON K. BANZHOFF, JR.,
Defendant
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
and
PNC BANK, NATIONAL ASSOCIATION,
Garnishee
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly mark the attachment against the Garnishee, PNC Bank, National Association,
discontinued.
Respectfully submitted,
SAIDIS, SHUFF LOWER & LINDSAY
Date: fCJ r-. ~ -02-
By:
arl M. edebohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, P A 17011
(717) 737-3405
Attorney for Plaintiff
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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
1.43
Advance Costs: 150.00
Sheriff's Costs: 73.38
76.62
.50
1.00
3.45
Refunded to Arty on 3/25/03
20.00
20.00
9.00
73.38
1:)worn and Subscribed to before me
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COMMUNITY BANKS, N.A.,
Plaintiff
v,
GORDON K. BANZHOFF, JR.,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 02-2918 CIVIL TERM
: CONFESSIm\ OF JUDGMENT
: CIVIL ACTION - LAW
PRAECIPE
Please mark the judgment entered in the above-captioned action satisfied.
Date: May 27, 2005
Respectfully submi ed,
R & LINDSAY
By:
Matthew J, Eshelan, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff, Community Banks
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