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: IN THE COURT OF COMMON PLEAS :
. OF CUMBERLAND COUNTY .
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: STATE OF '* PENNA. :
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. Kimberly S. Banzhoff ,: N o. ....~35.~. .......... It) 94 8
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. Gordon K. Banzhoff, Jr. .
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: 0 ri/C/~: C I N it. s: 2-~ f. :
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i ANDNOW,. ... , ..... ........"., 19. .... it is ordered and !
. decreed that ...Ki,!,be:l~.S:.~an~~~ff........................... plaintiff. :
. and _ . . . G~.r.do~. K:. B.a.nz.hoff,. .Jr:. . . . . . . . . . . . . . . . . . . . . . . . . . . . , .. defendant. .
~ are divorced from the bonds of matrimony. .
. .
. The court retains jurisdiction of the following claims which have *
. be.n raised of record in this action for which a final order has not yet I_
. been entered; ~
. . ):
.1\0.118... :J:I\8. Ml\r.i.tl\l .SettlllllllllltAgreement. uecuted ,by. the parties. all. Movamb,r 16.19f!
: .ie.~~~o~p'~~~~a~ .~'r~in .bu~ .sh~l~ .not .be .merg~~.~n~o.sa~~.d'cr"........... i*
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. 7'" -/)' Pruthonotary " ~
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KIMBERLY S. BANZHOFF,
Pia int if f
IN THE COURT OF CO~~ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
94-6352 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this 14th day of October, 2004, upon
GORDON K. BANZHOFF, JR.,
Defendant
consideration of plaintiff's petition for contempt and To Enforce
Marital Settlement Agreement, and following a hearing, the Court
finds that the Defendant has intentionally, voluntarily, and
willfully failed to comply with the terms of the Marital Settlement
Agreement, which was incorporated into the Divorce Decree in this
case, and he is consequently adjudicated in contempt.
Further adjudication and disposition are deferred
until Monday, November 8, 2004, at 3:00 p.m. Within 7 days of
today's date, Defendant shall file with the Prothonotary at this
docket number and caption a full accounting in verified form with
respect to his assets, earnings for the past 6 months, and
liabilities, and shall supply to plaintiff's counsel all
information which plaintiff's counsel requests in connection with
the defense of a certain mortgage foreclosure proceeding in which
Plaintiff is a Defendant.
By the Court,
J.
John W. purcell, Jr., Esquire
1719 North Front Street
Harrisburg, ~A 17102
For the Plaintiff
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Gordon K. Banzhaff, Jr.
245 North 25th Street
Camp Hill, ?A 17011
For the Defendant
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KIMBERLY S. BANZHOFF,
P laintif f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
94-6352 CIVIL TERM
IN DIVORCE
GORDON K. BANZHOFF, JR.,
Defendant
TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE J. WESLEY OLER, JR., J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
On October 14, 2004,
In Courtroom Number 1.
c)Cf. PI, ~oor
APPEARANCES:
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John W. Purcell, Jr., Esquire
For the Plaintiff
Gordon K. Banzhoff, Jr., Defendant, Pro Se
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INDEX TO WITNESSES
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FOR PIAIN'I'IFF
DIRECT CROSS REDIRECT RECROSS
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Kimberly S. Banzhoff
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FOR THE DEFENDANT
Gordon K. Banzhoff
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INDEX TO EXHIBITS
FOR THE PLAINTIFF MARKED ADMITTED
1 - 9/20/04 letter 10 11
2 - Itemized bill 10 22
3 - Premier Abstracts Unlimited 40 41
document
FOR THE DEFENDANT
1 - Income and Expense Statement 30 42
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October 14, 2004, 9:29 a.m.
Carlisle, Pennsylvania
TilE COURT: This is the time and place for a
hearing on a Petition for Contempt and to Enforce Marital
Settlement Agreement in the case of Banzhoff versus Banzhoff.
We wi I J let the record indicate that the P la inti ff, Kimberly S.
Banzhoff, is present in Court with her counsel, John W.
Purcell, Jr., Esquire; the Defendant, Gordon K. Banzhoff, Jr.,
is present in court representing himself. Mr. Pur.cell.
MR. PURCELL: I have one witness, I would like to
call my client to the stand.
KINBJ:IU,Y SUI: BANZHorr,
having been duly sworn, te.titied a. fOllow.:
DIQCT BXANINATION
BY MR. PURCELL:
Q Good morning. Could you state your full name and
your address for the record, please?
A My name is Klmherly Sue Banzhoff. My address is
632 Devon Road, Camp Hill, Pennsylvania.
Q Are you married?
A r am not.
Q You have three chiidren, is that correct?
A That is correct.
Q What are their ages?
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A Oldest dd~ghter, Jaime, 21; daughter Jennifer, age
21; daughter Kimberly, age 19.
o Do any of them live at home stUl?
A Daughter Kimberly, her address is at home, she is,
however, away at coLlege.
o What year of college is Kimberly at?
A She is in her sophomore year.
o Where is she attending?
A Saint Joseph's University in PhiLadelphia.
o Jennifer you said was your middle child?
A Yes, sir.
o Where does she live?
A She lives in Shiremanstown.
o She is on her own?
A She is.
o Does she work?
A She does.
o Your oldest daughter, Jaime, lives where?
A She lives in Camp Hill, Pennsylvania, ~s well.
Q She is on her own, obviously?
A She is married.
Q Are you still responsible for any of your children
in any way?
A I still provide for all my children. I am still
paying for my oLdest daughter's wedding, it was held last
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1 !\ugus t, a yea r a,)o.
2 Daughter number two, .Tennifer, I still help her in
3 any possible way that [ can, loans, whatever a mother does.
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Kimberly, [ am still responsible for basically
5 everything.
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Q
Including her college education?
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A
College, clothing, food, transportation.
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TilE COUR'r: [think, Mr. Purcell, to speed things
9 along, if you would ask the witness if all of the facts in the
10 Petition are true and correct, and Mr. Banzhaf! would have a
11 chance to cross-examine on some particulars. We have just
12 about an hour for the hearing.
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MR. PURCELL: I can do it that way, in short.
14 B'{ MR. PURCELL:
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Q
Kimberly, did you have an opportunity to review the
16 petition that we filed in this case?
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'{es.
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Q
Did you help me prepare this?
A
'{es.
Q
'{ou provided all the facts to me when I put this
21 together?
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'{es.
Q
Are all the facts still true and correct, as far as
24 the facts that; were in the petition?
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'{es.
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Q Can r ask you just generally speaking, what is your
primary concern here?
A My primary concern is that my home, my residence,
is also my business. [have a very well established in-home
child care operation. [have a very good reputation. I
provide a wonderful service for young people, beginnings of
their education. My home is in jeopardy of being foreclosed
upon.
I h~d a title search done in february, over
$888,000 worth of Mr. Banzhoff's liens and judgments against my
property. And I would like to clear my property, which I
legally traded for way back in 1998 through the Marital
Settlement Agreement.
Q Is this home presently entitled in your name alone
now?
A Yes, finally it is, as of this year.
Q This was only done recently?
A Yes.
Q Is that because the Marital Settlement Agr.eement
had language in it that said that the deed would be held in
escrow pending clearance of the specific debts by Mr. Banzhoff?
A Yes.
Q He never did clear those debts, has he, in full?
A Not the debt that he was supposed to clear. In
fact, further debts have come down upon my properly.
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1 0 Because of the additional debts that seem to bp.
2 attachinq as liens against the property, is that why we filed
3 the deed of record, despite the fact that the agreement says it
4 should be he Id In escrow?
5 A Yes, because it is my understanding that there will
6 be further liens and judgments against Mr. Banzhoff in the
7 future.
8 MR. I'URCF:I,I.: Your Honor, I can certainly expound
9 on much that i~ in the petition, I was prepared to do that; but
10 I can leave it with no further questions at this point, as long
11 as we are gIven the opportuni ty to do that if need be.
12 THE COURT: All dght, very good. Mr. Banzhoff, do
13 you have any questions of Ms. Banzhoff?
14 MR. BANZHOf'F: Yes.
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16 CROSS-EX~MINATION
17 BY MR. BANZHOFF:
18 0 [n conversations with me about the deed, you have
19 mentioned that maybe an attorney that represented you before
20 had messed up and th~t It should have been taken out of escrow
21 and put In your name only?
22 A The language In the orlginal Marital Settlement
23 Agreement indlcated that the deed would be held in escrow until
24 which time you would hdve taken care of the Moores' lIen, the
2~ Mldpenn Bank lien, and the Pennsylvania Department of Revenue
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liens. I believe the second two liens, the Department of
Revenue and the MidPenn Bank liens, have been cleared.
Q Is there one on ther.e for Community Banks?
A Yes.
Q That has been taken care of, it just has not been
taken care af at the courthouse?
Tm~ COURT: You can ask questions; but when you
testify, you can say things of that sort.
BY MR. BANZHOF'F:
Q The question was, is it your opinion that some of
this could have been avoided if your attorney prior would have
taken care of things properly?
A Some of this could have been avoided if the terms
of the Marital Settlement Agreement had been honored I think.
Q You make some pretty straight-forward accusations
here. I got just a couple of questions. In all the years that
you have known me, have you ever known me to intentionally hurt
anyone?
MR. PURCELL,: Your Honor, I would ask at this
point, I don't see the relevance of that in this case. We
don't allege that he actually ever hurt anybody in the
petition, we ar.e just asking that the petition be enforced.
THE COURT: Mr. Banzhoff, do you have a response to
that objection?
MR. BANZHOFF: A lot of this has to do with
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1 partnerships that were put into bankruptcy over 4 years ago.
2 At that point in time I believed that through the business that
3 this maritai agreement could have been handled, it would have
4 been done. But for whatever reasons the Moores backing out of
5 their situation and not transferring the lien from her house to
6 the property caused this situation to happen, the partnerships
7 going into bankruptcy, and subsequently being converted from 11
8 to 7 on Judge Woodslde's passing away, which has led to my
9 inability to pay her the money that she has asked for. We
10 handled this as a business transaction when we were getting
11 divorced, she wanted the house --
12 THE COURT: You are going on too long for just a
13 simple objection. The objection is sustained to that question.
14 Any further questions, Mr. Banzhoff?
15 MR. BANZHOFF: No.
16 THE COURT: Okay. Mr. Purcell?
17 MR. PURCELL: I have no questions, other than if the
18 Court needs any specifics about any of the allegations in the
19 comp l a in t .
20 THE COURT: I don't want to tell you how to present
21 the case entirely. If there is anything that you feel that
22 isn't in the petition that you feel has to be brought out,
23 please, go ahead.
24 MR. PURCELL: Can I have a minute to review my
25 notes to see?
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I THE COURT: Yes.
2 MR. BANZHOFF: Your Honor?
3 THE COURT: Yes.
4 MR. RANUlm'F: I have several things here that I
5 would like to give to you and Mr. Purcell to put in and put in
6 as a mat ter of record if I may, so I wi 11 have to review the
7 responses to this.
B THE COURT: You may testify when Mr. Purcell is
9 finished with his case-in-chief.
10 MR. PURCELL: Yes, I do have a couple things that
11 aren't specifically in the petition if I may.
12 THE COURT: Certainly.
13 (Plaintiff's Exhibits 1 and 2 marked for
14 identification.)
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16 REDIRECT EXAMINATION
17 BY MR. PURCELL:
18 Q Mrs. Banzhoff, I just showed you a copy of a
19 document marked as Plaintiff's Exhibit No.1, can you identify
20 that for the Court?
21 A Basically, a letter from Mr. Aanzhoff dated
22 September 20, 2004, asking me to drop this petition and accept
23 proceeds of an ownershlp on a property that was by eminent
24 domain taken by PennOOT, a property that we had owned together
25 when we were married, at the end of Lewistown.
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Unfortunately, it is my understanding through
speaking with another partner in this partnership that this was
a bogus offer, that this is not in existence. John, I don't
know if I have answered your question.
Q Yes, I just wanted you to identify that. That is
the letter. that you received from Mr. Banzhoff, is that
correct?
A Yes.
Q In that letter does it refer to hopefully obtaining
a settlement on a claim involving one of the partnerships, that
we have a settlement of anywhere between 200 and $300,000?
A Yes.
MR. PURCELL: I would move for admission of that,
Your Honor, so that you could look at that.
THE COURT: Mr. Banzhoff, do you have any objection
to the admission of Plaintiff's Exhibit I?
MR. BANZHOFF: No, I don't.
THE COURT: All right, Plaintiff's Exhibit 1 is
admitted.
BY MR. PURCELL:
Q The second thing I would like to show you is
Plaintiff's Exhibit 2, which I have marked. Can you identify
what those series of documents are?
A These are a series of legal fees in trying to come
to some resolution with regards to our Marital Settlement
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Agreement. Back in 1998 wlwn w" lliqrlO'd rh.! d'-JnHlrn~!Ot, both
parties agreed that if ,olthor, party hdd to 'l<! att.n the other
party for nonperforman<:.., that l"ltty wuuld llO ,'LLgible to have
those attorney fees pol id by tho nonl,:ontol'lllinq party.
Q What is in front of you are Just attorney's fees
that I hav9 charged you for representing you slnce I have been
involved in the case, is that con'Bct"
A That is correct.
Q Do these attorney's tnns also inciude representing
you in the defense of the rnorty~qB foreclosure action bought by
Mr. and Mrs. r100re agairwt your homo'l
A Yes.
Q If I add up those fefls to date, they total
$3,460.75, of whidl ( b.l!Lnve y<:u havl! aireacly paid a thousand
dollars, is thdt COI,rt!ct"/
A I.am ~lur._1.
Q Doos this include 4ll of the fees that you paid to
attorneys in conjunction with thn problems enforcing the
Mar i ta 1 :iet t lo:,rn"r\ t ^'l ro,,.,rntlll t '?
A No, Ilir, my prior attorney, Deborah Denison Cantor,
since the M"lrlt.li :;"U l_,m'H.II ^'lr'Hlm~lllt I.n 1998, I paid that
portion to get to that d'lroemnnt, but as things have not been
resolved betw.!en Mr. H,'Hlzh<lff dlld myself, I have paid her an
additional. $3,000.
[n Ih.' b.'qinnlnq ",( this year I also had to retain
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representation in bankruptcy court. Mr. Banzhcff was claiming
me a creditor, so I had to hire a bankruptcy attorney as well.
Q Who was that?
A That was Brian Tyler with the law firm of Purcell,
Krug & Haller.
Q !low much did you pay him?
A I believe the figure is a thousand do11ar3.
Q That bankruptcy, the work performed in conjunction
with the bankruptcy, was that Mr. Banzhoff's personal
bankruptcy?
A Sorry, I don't know the answer.
Q It was in conjunction with a bankruptcy though that
prevented you from enforcing your agreement, is that correct?
Correct.
Was that bankruptcy ultimately dismissed by the
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court?
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he?
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It was.
So at the present time he is not in bankruptcy, is
Not to my knowledge.
BY THE COURT:
Q What was the second fee that you mentioned?
A Bankruptcy.
Q The first one?
A The first attorney, Deborah Denison Cantor, and
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1 that was about $3,000 OVl! r dnd ,lbnVf!.
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3,000?
A
Yes, sir.
Q
'l'hat was all related to enf.orcing the agreement?
A
Yes, sir.
'I'm: COUll'!': Okay.
7 BY MR. PURCF:Lt,:
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Q You hdd previously had a previous hearing with the
Cour.t back with ,Jud<Jo Olor Borne years ago --
A 'I'wn Yll,ll'H d<JO.
Q -- Involvln'l 01 different debt that was threatening
to force 10lHl on t.hn hOffin, lH t.hdt correct?
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Conl,,:t.
Q
She rnprnsnnt.nd you with regard to that?
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YIlIi, :,lhu did.
Q
Thurn W~H oIlAO IAAues involving health insurance at
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Yes.
Q
And Hhe represented you involving that, is that
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YeH.
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The figure of the $3,000 was after the divorce was
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Thdt. is correct.
THE COURT: Did he comply with the order of
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November 14, 2002?
A He did take care of the judgment on lien that was
against my property so that that bank did not foreclose on my
property; however, he was to pay attorney fees at that time and
health insurance and has not complied with those.
BY MR. PURCELL:
Q Do you have health insurance at the present time?
A No, I don't.
Q According to the agreement, YOll are supposed to
still have health insurance?
A I haven't had health insurance since 2001.
Q How about the children?
A My youngest daughter, Kimberly, is covered under
Mr. Banzhoff's second wife, and she will be covered until the
time of their divorce, provided that she is still a full-time
student.
Q Is Mr. Banzhoff in the process of a divorce with
his second wife?
A Yes.
Q Do you know whether he is paying support to her?
A I believe there is an order for spousal support,
yes.
MR. PURC~r.L:
[ have no other questions, Your
Honor.
THE COURT: Mr. Banzhoff, do you have any questions
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as ~ result of those questions?
MR. BANZHOFF: Yes, sir.
RECROSS-EXAMINATION
BY MR. BANZHOFE':
Q Concerning this ietter, did you happen to talk to
Attorney Ozuranin of Wix, Wenger & Weidner, who is handling
this case?
A No, I did not.
Q Did you know that Wix, Wenger & Weidner are
handling this case on a contingency basis?
A No, I did not.
THE COURT: Which case are we talking about'?
MR. BANZHOFF: At the time of this letter here, it
has to do with a condemnation of a property that is in the
Lewistown narrows.
THE COURT: So we are taking about Plaintiff's
f;xhib it I?
MR. BANZHOF'F: Right.
TfIf: COURT: All right.
BY MR. AANZHOFf':
Q Do you know that the reason they are doing this on
a contingency basis is that they believe that final settlement
will net the partnership a substantial amount of money?
A No,! don't. Like I said, I have not spoken with
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that attorney. I wasn't willing to settle for that offer.
~here is far more significant monies involved.
Q You talked to a partner who said it was bogus, but
you didn't talk to the attorney who has handling it on a
contingency basis because they think they are going to make
some money?
A That is true.
Q As far as health insurance and not having it, could
you afford the health insurance yourself through your business?
A Could, but because of your noncompliance with our
child support and alimony payments, which you stopped paying on.
approximately two years prior to when you are supposed to be
able to stop paying on them, my income changed significantly.
While I could afford it, then I would be taking from college
tuition and other money that I am helping our children with.
THE COURT: Anything else, Mr. Banzhoff?
BY MR. BANZHOFF:
Q Is it reasonable to say that over the years that I
have helped out with the kids as far as clothing, gas, food,
insurance, health insurance?
A [t is reasonable.
Q [f the children came to me and asked for something,
have [ ever turned them down if I didn't have to?
A I don't kflow. I don't be 1 ieve so, but they have
gott.en to the point that they don't ask any more.
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Q Excuse me?
A Well, we had a wedding, I paid for the wedding. I
paid for coliege education. I am paying to ~elp Jennifer with
an apartment, car, car insurance for Jennifer's car.
Q That is not what I asked.
A You asked with hairdos and gowns for,proms,
etcetera, etcetera, yes.
Q Do you know that in the month of September I gave
our daughter about $750 for college towards exp~nses?
A ! am not aware of that figure.
MR. BANZHOFF: That is all I have, Your Honor.
THE COURT: Mr. Purcell.
MR. PURCELL: Just as of redirect, a couple things.
REDIRECT EXAMINATION
BY MR. PURCELL:
Q Has Mr. Banzhoff ever made payments on account of
obligations to either schoois or to his children required or
him under the agreement that which pF.lyments have either bounced
or had payments stopped on them?
A Yes.
Q Has he done that on more than one occasion?
A Yes.
Q Did your daughter, Jennifer, ever finish her
college education?
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A No, she did not. I
Q Why did she not finish her college education?
A Upon graduation from high school she was accepted
to West Virginia University. She was there -- under the terms
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5 of the Marital Settlement Agreement -- because when we did the
6 distribution of our assets, Mr. Banzhoff kept several mobile
7 home parks, and so he had agreed to pay for the education of
8 our two younger daughters.
9 When Jennifer went away to West Virginia, she was
10 there about two months, came home to find that she was
11 basically locked out of her using the phone, she wasn't allowed
12 to go to eat. She wasn't allowed to attend classes because her
13 tuition hadn't been paid. At that time I had a low interest
14 credit card, which my heart was broken for my daughter, so I
l5 offered to pay that debt for Mr. Banzhoff and he promised to
l6 pay me back. Well, he did pay me some of that, but he still
17 owes me roughly a thousand dollars of that $4600.
l8 She subsequently kind of floundered and eventually
19 came home from West Virginia University. The following year
20 her father asked her to take a loan out in her name to attend
2l Harrisburg Area Community College, which she did, which loan
22 was never paid on, consequently, she is being sURd by a
23 collection agency.
24 Thirdly, she attended Central Pennsylvania college,
25 which is located at Summerdale, Pennsylvania, by the time --
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because of my in-home business, my children have qualified for
substantial grant monies through the State and Federal
Government. My daughter was to receive about an $80,000
education for $1500, and my ex-husband and I each wrote checks
to Central Pennsylvania College, mine was a loan to him for
$560, and he subsequently wrote two additional checks to
Central Pennsylvania. One of these you will note that it
bounced for insufficient funds. The second one, the account
was closed, so Central Pennsylvania was unable to collect on
their monies, and they subsequently asked her to leave also.
So she has basically lost interest in education. She works
full-time and lives in her own place now.
Q She got discouraged by all the financial problems
A I believe so.
THE COURT: Let Mr. Purcell finish his question or
the record will be confused.
A Sorry.
TIlE; COUR'l': That is all right. I think you started
to say she got discouraged, Mr. Purcell?
MR. PURCELL: Yes.
THE COURT: Is that the end of the question?
MR. PURCELL: Yes, that was the end of that
question. I thought she answered that.
THE COURT: Mr. Banzhoff, do you have any questions
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as a result of those questions?
MR. BANZHOFF: Yes, I do, Your Honor.
RECROSS-FoXAMINATION
ClY MR. !lI\NZIIO~'F':
Q You sa id that you believe that is the reason Jenny
lost interest in ~chool?
A I do.
Q Do you remember when Jennifer -- what was her grade
point average at West Virginia when we brought her home?
A I don't recall.
Q You know she was flunking out?
A I don't recall, sorry.
Q Do you know that she didn't attend classes at HAeC,
she was registered but she didn't attend but maybe 20 percent
of her classes?
A I am not aware.
Q Do you know that the person who was her guidance
counselor at Central Pennsylvania told me that she wouidn't be
coming back the next semester because she was only attending 20
percent of her classes?
A Again, 1 was under the impression from her that she
had iost interest because her bills hadn't been paid and she
wasn't going to be able to finish.
Q That is what you believe. History shows that she
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1 didn't attend classes for whatever -- she ~ust didn't attend
2 classes, so there could be a lot of other reasons why
3 'I'm: COlJH'I': YOll are starting to make a statement.
4 Do you have any other qllest Ions of the witness?
5 MR. OJ\NZlIon': No.
6 'I'HF. COURT: Okay. Mr. Purcell.
7 MR. PURCELL: No, Your Honor.
8 TIIF. COUHT: You may step down, thank you.
9 MR. PURCE:L.l.: Your Honor, I have no other
10 witnesses.
11 THE COURT: Do you want to move the admission of
12 plaintiff's Exhibit 2?
13 MR. PURCELL: Yes, I do, Your Honor.
14 THE COURT: Mr. Banzhoff, do you have any objection
15 to the admission of plaintiff's Exhibit 2, the legal fee bill?
16 MR. BANZHOFF: No, sir.
17 THE COURT: plaintiff's Exhibit 2 is admitted. Mr.
18 Banzhoff, this is your chance to call any witnesses you care
19 to, including yourself.
20 MR. BANZHOFF: L don't know exactly how to do this.
21 t have prepared a written response to some of these items in
22 this petition, which I would like to enter into court.
23 THE: COURT: Weil, t think that item shouid have
24 been filed with the prothonotary as a response, but you are
25 certaLnly welcome to testify as to its contents. We don't
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1 normally just accept a written statement from a witness; but if
2 you would like to testify, you certainly may do so.
3 MH. BAN7.1I0Ff': How do I go about doing that, Your
4 Honor?
5 Tm: COURT: You come forward, as Ms. Banzhoff did,
6 and be sworn in.
7
8 GORDON It. BANZROrr, JR.,
9 havin9 been duly .worn, t..tified a. follow.:
10 .xANIHATION
11
12 BY THE COURT:
13 Q Would you state your full name, please
14 A Gordon Kearsley Banzhoff, Jr., K-E-A-R-S-L-E-Y.
15 Q Where do you reside?
16 A 245 North 25th Street in Camp Hill.
17 Q Is that 17011 for a zip code?
18 A Yes.
19 Q Go ahead and state what facts you think are
20 pertinent to the matter?
21 A Concerning the house, 632 Devon Road, I admit that
22 Kim runs a very successful business out of there. I also would
23 say that her not having to pay rent or a mortgage to run that
24 business has made it easier on her to have a successful
25 business.
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If she would have had to pay rent or a mortgage
over that period of time for the last eight years, obviously,
it would have cut into the profitability of that business.
Concerning the $5,000, the last $5,000 payment that
was made, r believe I contributed $1700 towards repair of a
foundation, which I don't think I got credit for.
a Are you challenging any of the allegations in the
Petition For Contempt and To Enforce Marital Settlement
Agreement; in other words, are any of those allegations not
true in your view?
A Without having a petition in front of me, Your
Honor.
THE COURT: Here it is. What we will do is take a
five minute recess and let you review that so that you can
address that directly, the allegation. It is a fairly long
petition.
MR. PURCELL: How much time do we have today?
THE COURT: I don't have a definite cut-off point,
but I want to give Mr. Banzhoff a chance to respond directly to
the a llegat ions.
MR. PURCELL: Okay.
(Recess. )
BY TilE COURT:
a Mr. Banzhoff, you are still under oath. I think
when we recessed the question was whether you had any specific
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1 denials of the allegation in the petition.
2 A Yes, sir, I do. Count 2, the cash distribution, I
3 made a reference to $1700, I am not sure about that figure. I
4 don't believe that I got credit for it.
5 Q You will have to turn the mike to you. We are at
6 Count 2 and you say there is something incorrect in Count 2?
7 A I bel ieve so, Your Honor.
8 Q What is that?
9 A I don't believe I got. cred~ t for $1700, and I am
10 not sure of that figure, that I paid helped -- that I paid to
11 Kim when she was having some water problems with her
12 foundation.
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18 my trying to get a Chapter 13 status, I was told that the house
19 would have been part of that Chapter 13, and that is one of the
20 reasons why I tried to go Chapter 13, just. one of the reasons.
21 Q What is inaccurate about Count 1 again?
22 A They said that I tried not to do anything as far as
23 a house. Respondent has made no effort to deflect or otherwise
24 satisfy the action brought by the Moores. I llnderstood my
25 seeking Chapter l3 status would have helped the situation as
Q When would you have paid $1700?
A I am not sure when that WdS. I forget how long ago
the problem existed.
Q Any other specific denials?
A As far as Count l, the marital home foreclosure, in
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1 far as the house is concerned.
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Q
Okay, anything else that you think is incorrect in
3 the petL ti on 'l
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Well, we went over the college education, Count 4,
5 already, I guess there is no reason to.
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Q
Are you saying that there is something inaccurate
7 in Count 4?
8 A Paragraph 29, we addressed that, Your Honor,
9 already. I think that is a matter of record, which, as a
10 result of father's lack of support. Jennifer has given up all
11 attempts to gain knowledge and education, I believe we went
12 over that already.
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All right.
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Concerning debts.
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This would be Count 5?
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Count 5. I don't know exactly what debts are on
17 the house at this point in time. I know that $600,000 will
18 come off, should be coming off, that has been taken care of.
19 So I don't know what the total would be at this point in time,
20 but it is substantiaiiy less than $800,000 or so.
21.
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You say $600,000, you have paid $600,000
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23 Banks on a foreclosure of a mobile home park. Since that time
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that has been taken care of.
It just hasn't heen taken care of
25 at the courthouse, Your Honor.
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Q
I guess the basic allegation in that count is that
2 between 1998 and the filing of the deed, Respondent has allowed
3 numerous othEr personal debts of his to be reduced to judgment
4 and encumber the home to be transferred to Petitioner. Do you
5 feel that is not correct?
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A
Well, as to allowed, I would have to say that is
7 not the case. It is just that that is a matter of semantics,
8 Your Honor, I didn't allow it, it was done. My contention is
9 that if the deed would have been transferred over as it has
10 been now back when that, that wouldn't have taken place.
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This house was just in your name alone?
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No, it is in Kim's and my name.
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I see.
Q
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My understanding is, I don't remember, but I had
15 been told by Kim that I had actually signed over the deed back
16 in 1998 I believe it was.
l7 On Count 6, there are some things that I believe I
18 should get credit for. I have been paying car insurance on the
19 children, Jenny, for five years to the tune of approximately
20 $6,000; on my daughter, Kimmy, for three and a half years, for
21 a total of about $4200.
22 I have also provided them each with a car over a
23 period of tim~ which I probably spent about $5,000 in
24 maintaining. As I said, over the period of time, I have given
25 them money practically every time they have ever asked for it
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1 for gas, clothes, hair appointment,~, traveUng money. If it
2 averages out to $200 a month, than adds up to about $14,000, I
3 think some of that should be or all of it shouid be applied to
4 the child alimony count.
5
Q
It looks like under the agreement the payments are
6 to be paid to Ms. Banzhoff, not directly to the children.
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I don't think -- there were times, Your Honor,
8 where I was asked by Kim to contribute money for certain
9 things, which I did.
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All right. Any other responses to the petition?
11
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My real estate partnerships, Count 7, because of
12 the real estate partnerships being put into Chapter 11, after
13 two years of testimony, and then, unfortunately, Jl\dge Woodside
14 passing away, they were converted to Chapter 7, which changed
15 my financial situation drastically.
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Q
I am not sure what you mean by Judge Woodside
17 passing away. Why did the death of a judge result in a
18 different legal result?
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The judge from Wilkes-Barre, Judge Thomas,
20 converted all cases from 11 to Chapter -,.
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Q
AI. 1 right.
r am not familiar with that. In other
22 words, a judge, a bankruptcy judge simpiy said r am not going
23 to allow any more Chapter 11 Ioankruptcies, I am going to
24 convert them all to Chapter 7?
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That was my understanding, Your Honor, that is what
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1 happened with lhe courtroom. This is what my attorney said at
2 the time. I don't mean to convert all of them but a majority
3 of them he did, Your Honor.
4 Q Was there any appeal taken from that decision?
5 A No, sir.
6 Q All right. Go ahead.
7 A Weli, the result of that is that my income,
8 financial situation, has changed dramatically from the time
9 that the marital agreement had been signed until, obviously,
10 two years ago. I have been going through Domestic Relations,
11 had three meetings with Domestic Relations on the 8ituation
12 with Nancy Banzhoff, with the divorce with her. And I have,
13 which I would like to present, a copy of the income and
14 expenses that were agreed upon by Domestic Relations for that
15 case. If I may.
16 Q Well, that is really a different case. You can put
17 them in as your testimony as to what your income and expenses
18 are. You can simply say under oath here that that is what they
19 are. But I wouidn't accept them as a statement from Domestic
20 Relations that that is, in fact, what they are.
21 A Yes, Your Honor. It is income that has been agreed
22 upon by the Domestic Relation's attorney.
23 Q That is an entirely different case, whether they
24 agreed or didn't agree isn't binding upon Mr. Purcell and his
25 cllent. r f you want to have that marked as an exhibit and
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testify that you say under oath that those are your expenses
and income, that is fine.
A I would Like to d'J that, Your lIonor.
'I'HE COUR'!,: Okay, we will have that marked as
Defendant's Exhibit 1.
(Defendant's Exhibit 1 marked for identification.)
MR. PURCELL: May I iook at it, Your Honor?
THE COURT: Sure.
BY THE: COUR'I':
Q Okay, I believe something has been marked as
Defendant's Exhibit 1. For the record, would YOIJ identify what
that is?
A It is an income and expense statement filled out by
myself for Domestic Relations in the case of Nancy Banzhoff
versus myself, Your Honor.
Q All right. Are you saying the facts as to your
income and expenses are corl'ectiy stated in that statement?
A Yes, Your Honor.
Q Is there anything else before Mr Purcell asks
questions of you?
A What about this, Your Honor?
Q That hasn't been admitted yet, so if you will set
it in front of you and wait for its admission. Anything
further?
A Yes, sir. They h~ve asked for a receiver to be
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appointed because thoy make an allegation that my financial
affairs are very complicated. My financial affairs are not
complicated at ali, Your Honor. [earn commissions in broker
and real estate. [provided an income and expense statement
here. I have a house at 245 North 25th Str~et, which is
marital property with Nancy Banzhoff. There is essentially no
value in that house.
I also own 35 percent of Country Crest, I,[,C, that
is a mobile home park in Silkwood, PA. It is a rehab project,
and the liabilities outweigh the value by about $75,000 at this
point in time.
Q You say your interest?
A I have 35 percent; but the liabilities, the loans
on it at this point in time outweigh the value, because it is a
rehab situation.
We already went over the 40 percent interest in the
partnership of Banzhoff, Banzhoff, Witkoski, II, which I had
offered a portion of to Kim as a settlement. That is all I
have, Your Honor. I bel ieve that appointing a trustee and
asking me to pay for that trustee at this point in time with
the simplicity of my finances would cost :ne additional
financiai burden.
Q How do you live E rom day to day if you have no
sources of income?
A The house that I am living in, there is nothing
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being paid on it. Eventually, it will be sold or foreclosed
on. The income that I am making just meets my expenses,
without having any mortgage payment or rent payment.
How are you making income?
Through the sale of real estate and leasing real
Q
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estate.
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A
Q
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So you sell real estate?
Yes, for Rothman, Schubert & Reed.
Are you employed full-time?
Yes, I am.
Anything further?
The ftgure that I am paying on Count 9, paragraph
57, the figure I am paying to Nancy Banzhoff is $375 per month.
They figure they have it under 700, which is incorrect, it is
$375 a month. That is based on these income and expense
figures for Domestic Relations.
Q All right. Mr. PurcelL.
A Weil, a couple more. I will make them very quick.
Q All right.
A Count 9, also, paragraph 52, I am saying that is
false. Paragraph 53.
Q Wait, paragraph 52 of Count 9 is false?
A False.
Q Let me see what it says here. It says you have
been able to purchase substantial assets, despite not
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1 fulfilling your obligations. You arc saying you have not
2 purchased any substantial asscts since entering into the
3 aq reamen t?
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Yas, sir, that ls correct. Your Honor" I have
5 given you a list of my assets.
6 No. 53, Respondent has bragged that he has
7 settlements in the near future, that is also false. I wish it
8 was true, but it is false.
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Q
It says you bragged about them, it doesn't say
10 there are any. You are saylng you never said there were any?
11 Is that correct?
12
A
I am saying I didn't brag about numerous
13 settlements, Your Honor, in the near future.
14
Q
Okay.
15
A
No. 54, Respondent has attempted to hide funds and
16 assets using his daughter's bank accounts to do so. That is
17 false.
18 No. 55 is true.
19 No. 56, incapable of managing his financial affairs
20 in an honest and ethical manner is false. And 57 was addressed
21 prior. r guess that takes us to the end.
22
THE: COURT: All right. Mr. Purcell.
23
24 CROSS-EXAMINATION
25 BY MR. PURCELL:
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Q Mr. Banzhoff, you mentioned that you filed Chapter
13 in order to present. the Moore's lien from I guess being
executed on or foreclosed on, is that correct?
A [t was my understanding that it would help the
situation at 632 Devon Road when I answered the Chapter 13
status, that is what I was told.
o When did you file for Chapter 13?
A August of last year I believe.
Q August of 2003?
A (Witness shakes head affirmatively.)
Q You arB not in bankruptcy at all, right?
A No, it was dismissed.
Q Can you tell the Court why it was dismissed?
A The judge did~'t give a reason, just dismissed.
Q Were you making your payments under your Chapter 13
plan?
A Yes.
Q They just dismissed it because they didn't like
you?
A I can't tell you why. There wasn't no explanation,
paper came, it was dismissed.
Q Was that after a hearing?
A Yes.
Q What evidence was given at the hearing?
A I don't know, I was not there, except for at the
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very end to testify on certain matters.
Q Is it potentially because you were supposed to be
paying YOllr rent8 from the mobi le home into court in the
bankruptcy and, in fact, you were continuing to cash those
rents and keep them for yourselves?
A No.
Q It was not dismissed for fraud?
A No.
Q You also mentioned the partner8hips were in
bankruptcy?
A Ye8.
Q And that was converted from an 11 to a 7?
A Yes.
Q Is that bankruptcy still outstanding?
A Yes.
Q So that is still a current bankruptcy, your
partnerships are already in bankruptcy?
A Yes. Two of the partne~ships, the assets have been
soid at sheriff's sale. The third partnership, Banzhoff &
Banzhoff, that property has not yet been sold.
o Aanzhoff & Ranzhoff was a partnershIp involving you
and your father, is that correct?
A Ye8.
Q Your father has also fiied for bankruptcy?
A He flied Chapter 7 and has since gone through it.
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Q All right. Did each partnership file its own
separate bankruptcy?
A Yes.
Q Which partnerships filed bankruptcy?
A Sandy 1111 i Estates Partnership II, Banzhoff,
Banzhoff and Sellers and Banzhoff & Banzhoff.
Q So there are three partnerships filed bankruptcy?
A 'l'hat is correct, three partnerships.
Q In your Marital Settiement Agreement, paragraph 12
refers to real property in partnership with his father. There
is four of them listed there of which your wife was supposed to
eventually receive a ten percent interest in. That is on page
7 of the agreement. Sorry, Kim was supposod to receive that.
A Excuse me?
Q I said Kim was supposed to receive ten percent of
those four partnership properties, is that correct?
A That is correct.
Q Were those four properties, were they owned in one
partnership or --
A Three partnerships.
Q Are they the three partnerships that filed
bankruptcy?
A Yes.
Q Section B there in paragraph 12 refers to three
other mobile home parks, Pinetree, Rivervlew and Edgewater, who
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were they owned by?
A Pinetree, I am not sure, Riverview i~ owned by SN
Servicing, and Edgewator is the property that was taken by
PennDOT.
Q Which is looking for a settlement of somewhere
between 200 and $300,000?
A Yes.
o But my question is, were any of those mobile home
parks owned by any of the three partnerships that filed
bankruptcy?
A No.
Q Do they still exist?
A No.
o Where are they?
A Except for Banzhoff, Banzhoff & Witkoski, II.
Q I am not talking about the partnerships, I am
talking about these three mobile home parks, Pinetree,
Riverview and Edgewater, do you still own any interest in them?
A No.
Q None whatsoover?
A Edgewater, yes, but it is not there any more.
Q What happened to Pinetree?
A It was sold at a sheriff's sale to an outfit out of
Reading.
,
Q
What happened to Riverview?
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A Riverview was taken, put in the hands of a trustee,
that is servicing and subsequently turned over to SN Servicing.
TIIF: COURT: SN Servici.ng?
A SN Servicing.
BY MR. PURCnL:
Q What is SN Servicing?
A A company down in Jersey that was overseeing the
loan on Riverview.
Q Do you have any interest in SN Servicing?
A No.
Q So are you saying you have absolutely no interest
then whatsoever in any of these three items of real estate
other than the residual PennDOT claim in Edgewater?
A That is correct.
Q You mentioned that you got cash or you paid $1700
to your wife on account of work she needed around the
foundation of the house, didn't get credit for it? Are you
sure you didn't get credit for it then?
A I am not sure.
Q You indicated that you haven't purchased any
substantial assets since the divorce. The house that you are
presently living in you did purchase since the divorce, di.d you
not?
A Yes.
Q How much did you pay for that house?
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A $]26,000.
Q $326,OOO?
1\ $328,000.
Q Okay. In purchasing that YOll had sold the previous
home that you had owned, is that correct?
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6 A Yes.
7 Q Did you use the proceeds trom your previous home to
8 purchase that?
9 A No.
10 Q Paragraph 7 of the agreement refers to that home
11 that was on 20 Round Hill Road in Camp Hill?
12 A Sorry.
13 Q Is that correct?
14 A Without looking at it, paragraph what?
15 Q Paragraph 7, the very end of paragraph 7 on page 5
16 of the Marital Settlement Agreement, refers to you obtaining
17 ownership of the property at ~O Round Hill Road.
18 A Okay.
19 Q Kim gave up ali interest in that in return for her
20 receiving the property that she has today on Devon Road, is
21 that right?
22 A I don 't reca l1.
23 Q [n order to secure the payment that you were
24 supposed to make on the Moore lien and the $15,000 you were
25 supposed to pay, you were to execute a note and mortgage that
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would have encumbernd 20 Hound IIi Il Hoad, is Uldt correct?
A T don't recall.
Q That ia what it says In the agreement there at the
top of page 5, does it not?
^ Yes.
Q Do you know whether the mortgage was ever executed
and recorded a(Ja inst 20 Hound II ill Road?
A No, I don't.
Q Did you have to pay Kim any money when you sold 20
Round Hill Road?
I don't recall.
(Plaintiff's Exhibit No. 3 marked for
identi f Lcat Lon. )
A
BY MR. PURCELL:
Q T am going to show you what has been marked as
Plaintiff's Exhibit 3. I wiil tell you that that is a title
abstract that was obtained concerning the property located at
632 Devon Road for Mrs. Banzhoff back in February of this past
year, and this lists all the debts that seem to apply to that
property. There is one on there for $605,000 to confessions of
judgment to Community Bank. You indicate that has been
satisfied since last ~'ebruary?
A Yes.
Q So that would not be on there?
A Yes.
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Q There is alRo a judgement of $170,000 of Floyd and
Maria Parson, haR that one been satisfied?
A No.
Q There is a number of other ones, one from Country
Club of Harrisburg against you and your wife for $5600, do you
know whether that has been satisfied?
A No, it has not.
Q How about on the second page of that abstract, the
first two debts are tax liens, do you know whether those have
been satisfi.ed?
A I am not sure.
Q I guess the rest of those speak for themselves. I
will just move for admission of that if I may, Your Honor.
A One thing, if I may, Pennsylvania State Bank for
$6l,OOO has been satisfied.
Q Okay.
THE COURT: Mr. Banzhoff, do you have any objection
to the admission of Piaintiff's Exhibit 3, which is the title
abstract?
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MR. BANZHOFF: No, r don't.
THE COURT: Plaintiff's Exhibit 3 is admitted.
BY MR. PURC~~r..L:
Q Did you ever make an offer to your oldest daughter
to purchase property and put it in her name and manage it?
A Not that I recall.
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MR. PURCELL: I have no other questions, Your
2 Honor.
3
Tm: COUH1': Ali right. Mr. Banzhoff, do you have
4 any testimony as a result of those questions?
5
MR. BANZIIOFT: No, Your lIonor.
6
'I'/If: COURT: A iI right. You may step down, thank
7 YOll.
8 Mr. Banzhoff, are you moving for the admission of
9 Defendant's Exhibit 1?
10
MR. BANZHOFF: Yes, Your Honor.
11
THE COURT: Mr. Purcell.
12
MR. PURCELL: No objection.
13
THE COURT: Defendant's Exh.ibIt 1 .is admitted. Is
14 there any further evidence to be received in this proceeding?
15
MR. PURCELL: No, Your Honor.
16
THE COURT: Mr. Banzhoff?
17
MR. BANZHOFF: No, Your Honor.
18
THE COURT: Al i right. Do the parties wish to make
19 closIng arguments?
20
MR. PURCELL: Yes, Your Honor.
21
THE: COUR'r: Mr. Purcell, what are you requesting?
22
MR. PURC~:LI.: [t is compl icated. Let me go through
23 it a little bit. [think the pri.mary concern my client has is
24 because it is not just her home, it is her business, a buslness
25 that she has invested a substantial amount of money in over the
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years, a lot of blood, sweat and tears.
rt is a vocation that
clients rely on to bring their children.
It is the type of thing that if she loses her home,
she is homeless, because he has no mortgage on that. She not
only loses her home, but a good bit of her business.
Transferring her business may be difficult, especially if she
doesn't have the funds, which she doesn't have, to purchase
another home. She doesn't have the credit.
She has got these iiens and things against that
house, and most of those liens are not personal debt of hers,
but, for instance, the foreclosures on her record, that type of
thing, kind of messes up her credit a good bit, so that needs
to be resolved.
We need Mr. Banzhofi to take care of that
obligation and right away, because there is presently a
foreclosure action that is pending in Cumberland County court.
The actual status of that right now is -- r filed preliminary
objections to this procedural anomalies involved in the filing,
and they have not followed up on that, so it is sort of just
sitting in limbo, waiting for the Plaintiff to do something
with the preliminary objections. [am not pressing, but
Plaintiff could at any moment. There are also some factual
matters.
TilE COURT: Stick with the house for a moment.
What debts do you specifically want paid off?
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MR. PURCELL: I want the Moore debt paid off, the
2 mortgage debt to stop the foreclosure. Their claim is for
3 $160,000, and it may be more, it goes up every day. I th.ink
4 that is what the original complaint is, it is in the complaint.
5 I believe it is $160,000, but it couid be more.
6
E'actually though, with regard to that, some
7 assistance from Mr. Banzhoff would be helpful. We have no
8 recor.ds of the past payments made on that. We also have
9 there is some indication that that particular note had been
10 refinanced, the one that is secured by the mortgage, had been
11 refinanced, and rolled into another obligation of Mr.
12 Banzhoff's, one of his partnerships.
13 If that is the case, it is theoretically possible
14 that the first mortgage should have been satisfied and was not,
15 so if we had the records in cooperation from Mr.. Banzhoff with
16 regard to that, we might be able to successfully defend against
17 it.
18
THE COURT: This mortgage to the Moores, was that d
19 purchased money mortgage?
20
MR. PURCELL: No.
21
THE COURT: The Moores, in other words, lent money
22 to Mr. Banzhoff and took a mortgage as security?
23
MR. PURCELL: Yes. Originally, it was a mortgage
24 to Mr. Banzhoff in I guess his business interest, r am not sure
25 on that, dnd then he and his wife signed a collaterai mortgage,
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a loan with that. As I said, there was a second note signed
that we were aware of for a greater amount of money a couple of
years later with the Moores, and signed only by he and his
father, and the Banzhoff & Sanzhoff partnership that she did
not sign. It references a new mortgage being put on record
against her property, which she never signed, she never was
asked to sign, so it was never done. The mortgaged information
in the note is blank.
A3 I say, there is a theoretical possibility that
if it was a wrap-around mortgage of some sort or refinancing
that existing debt, that first mortgage should have been
properly satisfied and it wasn't, we may have a good defense,
assuming that the records are there and we have cooperation
from -- whatever evidence we need to get from Mr. Banzhoff.
THE COURT: The alleged refinancing after the
separation?
MR. PURCELL:
THE COURT:
MR. PURCELL:
THE COURT:
Yes, well after.
Well after
after the divorce.
The original debt, was that before the
separation?
MR. PURCELL: Yes, the original debt was 1990, and
then I have a copy of a note in my file I think 1999. It might
be 1998, but it was after the separation.
THE COURT: In fact, after the divorce?
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1 MR. PURCELL: Yes, I believe so, yes.
2 THE COURT: All dght. What else do you feel you
3 need immediately?
4 MR. PUHCF.LL: She could use some cash. She has got
5 3400 in attorney's fees with me of which 2400 is still
6 outstanding if we are going to be fighting this mortgage
7 foreclosure. I can see her spending another 3 to $5,000 just
8 doing that, because I don't think the Moores are going to roll
9 over and say, sure, we wiil satisfy your mortgage for you.
10 They are owed a substantial amount of money, like most of the
11 people he has denlt with over the years.
12 So I suspect that will happen, and she just does
13 not have the funds to do that. So I would like to have some
14 counsel fees in that regard. Third, we would like to see the
15 amount -- the aspect of support, it was a child support/ali.mony
1.6 obligation that has not been paid and is overdue. It is around
17 $25,680 of alimony, child support.
18 It is mostly alimony, because most of it accrued
19 after the youngest child reached 18, for the past 2 years is
20 the bulk of it. [wouid like to see that collected and
21 referred through Domestic Relations for the usual enforcement
22 procedures if we couid.
23 THE COURT: You wi lL have to f Ue with Domestic
24 Relations to do that.
25 MR. PURCELL: I was hoping that the Court. would
46
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1 that, I can't do that.. .Just say that his flnancial dealings
7. are suspicious and somebody needs to look into them to make
3 sllre that they are being properl y reported and made avai lable
4 to creditors. IIl$ most i.mportant creditors right now are going
5 to be his first wife, his chiLdren, and after that his second
6 wife.
7 TilE COURT: Do you have authority for my power to
8 appoInt. a receiver for an individual?
9 MR. PURCELL: Just the g~neral language of the
10 Divorce Code. You have the ab.ility under the Divorce Code, I
11 don't have the statute in front of me, but to enforce marital
12 settlement agreements, whether they ace made part of the
13 divorce decree or not, you can enforce them.
14 You also have equltable powers of the Court under
i5 the Divorce Code, and I think under extraordinary circumstances
16 you could order that a receIver or a trustee be appointed to
17 look into his financial a ffa i rs.
18 THE COURT: Who wiii pay for that?
19 MR. PURCELL: [would ask that he do.
20 ,[,H~~ COURT: He says he has no money, so I am, in
21 effect, appointing a person who has no assurance of being paid.
22 [s your client wIllLng to pay for it?
23 MR. PURO:LL: She is not wi 11 ing to pay for it,
24 because she doesn't have the money to pay for it, so I can't
2~ flay that. The only thing I can say is that if a recelver, if he
4fl
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1 finds anything, for instance, according to Mr. Banzhoff, there
2 is 2 to $300,000, from il partnership settlement, of which he
3 is, I don't know, d percentacJe pa rtner of. There may be
4 sufficient finds there to pay, maybe a receiver.
5 She would be wi II ing to allow, if a receiver is
6 appointed, the fees come out of that first, with the balance to
7 be coming from there. That is the way it wiil work in a
8 bankruptcy, the trustee takes his fee on top of everything
9 when he gets involved, so it would be like a private
10 bankruptcy, something along those lines.
11 THE COURT: Okay, Mr. Banzhoff, do you want to
12 state your position?
13 MR. BANZHOFF: Concerning the house, Your Honor,
14 anything that Kim and Mr. Purcell wouid like me to provide
15 which would help in that case, I would be happy to do that.
16 As far as being able to take care of the Moores
17 myself, there is absolutely no way in the world I could do that
18 financially at this point in time, but I would be willing to
19 cooperate with their case as much as I possibly can.
20 As far as a chUd and alimony, I would like credit
21 for some of the moneys that [ have given my children, which are
22 a matter of record at this point in time; and what I have
23 stated and told the Court about my fLnanciai aftai.r"s is what it
24 is, I have stated the truth. Appointing an independent person
25 to look into those would cost money, who would essentIally find
49
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1 to deal with this mortgage, which is the most pressing problem
2 that the Plaintiff has right at the moment, and I do need to
3 tell you that jail is a distinct possibility in the case with
4 an appropriate condition of purge. With that, we will adjourn
5 and see you on Monday, November 8, 2004 at 3:00 p.m.
6 (Court adjourned at 11:50 a.m.)
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CERTI f'ICATION
,-,-_._._~._----.--
I hereby certify that the proceedings are contained
fully and accurately in the notes taken by me on the above
cause and that this is a correct transcript of same.
t9~"A) t' 1?~-"H~
Patricia C. Barrett
Official Stenographer
-----,------------------
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed to
be filed.
--a..L 2~D~
Date . I
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Kimberly S. Bauho",
Plalntl"
In The Court or Common Pltu 01
Cumberland County, PA.
v.
Gordon K. Banlho", Jr.,
Derendant
Civil Action. Law
94-6351 Civil Tenn
In Divorce
Gordon K. Banaho", Jr.
Allels and Liabilities
Oclober, 100..
Assets
Rttldence: 1..5 N. 15th Street
Camp Hill, PA
S "00,000
Vehicles: 1991 Ford Ellplorer
1990 Ja.ulr
1,000
5,000
Investment: 35% Country Crest LLC
40% aanz.. aanz. '" Witkolki
700.000
50.000
SI.1S7.000
Liabilities
Rttldence: 145 N. 151h Street
S ....0.000
Investments: 35". Country Crest LLC
780,000
Judl.ments: LaSalle National Bank
John Moore
Panons
Mllc.
3.169,017
100,000
170,196
1',000
-..---
S ".167,313
DEfENDANT S
EXHIBIT
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KIMB~RLY S. BANZHOFF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
GORDON K. BANZHOFF, JR.,
Defendant
CIVIL ACTION - LAW
94-6352 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this 14th day of October, 2004, upon
consideration of Plaintiff's petition for Contempt and To Enforce
Marital Settlement Agreement, and following a hearing, the Court
finds that the Defendant has intentionally, voluntarily, and
willfully failed to comply with the terme of the Marital Settlement
Agreement, which was incorporated into the Divorce Decree in this
case, and he is consequently adjudicated in contempt.
Further adjudication and disposition are deferred
until Monday, November 8, 2004, at 3:00 p.m. Within 7 days of
today's date, Defendant shall file with the Prothonotary at this
docket number and caption a full accounting in verified form with
respect to his assets, earnings for the past 6 months, and
liabilities, and shall supply to Plaintiff's counsel ail
information which Plaintiff's counsel requests in connection with
the defense of a certain mortgage foreclosure proceeding in which
~laintiff is a Defendant.
By the Court,
/' ~l!'oleal
Afohn W. Purcell, Jr., Esquire
1719 North !front Street . ""
Harrisburg, PA 17102 Iffil~~
!for ,the Plaintiff -,--
,,/ >.
~ordon K. Banzhoff, Jr.
245 North 25th Street
Camp Hill, PA 17011
For the Defendant
pcb
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10./5-01
OF
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2001, OCT I J lijj II: 58
CUI,:. .'.!IINI'Y
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COUNT I
IIIdSAl HolIW Vor.clo.un
6. Pursuant to ths Marital Settlement Agreement, Paragraph 7, in return for
relinquishing her Intereat In other assets, Petitioner was to receive t.ltle to the marital home
located at 632 Devon Road, Camp Hill, Cumberland CountY, Pennsylvania.
6. At the time, tha real estate was encumbered by vario'.l.liens relating, to the
Respondent's bu.lneso as set forth therein.
7. Respondent was to be solely reaponslble fN the payment of the lien to John and
Teresa Moore, and the payment to MidPenn Bank, all within 6 months of the execution of the
Marital Settlement Agreement.
8. Respondent failed to pay both debts within the time allotted.
9. Aa a result thereof, MidPenn Bank commenced collection and foreclosure
proceedings against the real estate which was to be the sole property of Petitioner.
10. After previous Motions to Enforce, and hearings before this COlID, Respondent
eventually satisfied MidPenn Bank causing the foreclosure action to be satisfied and
withdJawn, but not until after Petitioner was forced to Incur attorney's fees defending
hers.lf, and attempting to enforce that provision of the
Agreement.
2
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$100,000.00, whlch Note became due and payable on June 1, 1999. A copy of said Note i.
attached hereto and made a part hereof aa Exhlbit "C".
18. Pursuant to Paragraph 4 of the aforementioned Note, in the event that the
payment of $100,000.00 was not made by June 1, 1999, Respondent would be liable to the
Petitioner for a 6 percont late fee, or $6,000.00 by reason of hls default, in addition to
$100,000.00 principal payment, for a total of $105,000.00.
COUNT D
Cuh Dllltributlon
19. Pursuant to Paragraph 8 of the Marital Settlement Agreement, Respondent was to
pay the sum of $16,000,00 in cash, by three different dates in accordance with the payment
plan set forth therein.
20. Whlle the Respondent has made the first two payments, Respondent has failed to
make the thlrd payment of $5,000.00 to Wife whlch was due on December 1, 2001.
21. In order to secure hls pllyments therein, Respondent executed a Note dated
November 16, 1998, a copy of which is attached hereto as Exhlbit "0". Pursuant to said
Note, in the event that any payments were not mllde withln 15 calendar days of the date
due, Respondent agreed to pay a late charge of 5 percent of the payment of principal and
Interes' .
4
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22. Sald Note doel not contaln a provillon for lntereet, however, by realOn oHbe
Relpondent'l defllult, Petitioner II entitled to the lum of $260.00 al late payment for a total
amount of 16,260.00 owed to Petitioner by Relpondent pWluant to Paragraph 8 of tbe
Marital Settlement Agreement.
COUNT m
Health lIIIurance
23. Pwluant to Paragraph 9 of the Marital Settlement Agreement, Relpondent wal
requlled to malntain health Inlwance coverage for his mlnor children Jennifer ::md Kimberly,
and to continue medical inswance for the Petitioner between December 1, 1998 arid
December I, 2004, said health inswance to be tne same coverage which the Petitloner wu
carrying on himself.
24. At lome point in time between December 1, 1998 and October 2001. RelpondenC
Itopped coverlng Petitioner 10 that the Petitioner had no health coverage, and Ihe haa not
had health coverage to thie date.
26. The Respondent II in violation to Paragraph 9 of tbe Marital Settlement
Agreement.
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COUNT IV
Co1lea. Education
26. Purluant to Paragraph 10 of the Marital Settlement Agreement, aeepondent
agreed to be relponalble for certain aspecte relating to hie children'e college education.
27. Duling calendar year 2002, Reepondent failed to pay tuition for hie daughter
Jennifer In the amount of $612.09. Respondent also forced hll daughter to obtain loanl for
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her to attend Harrisburg Area Community College, which he agreed to repay, and has not, In
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the amount of$1,608.00.
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28. DurIng calendar year 2003, Respondent failed to pay a college tuition loan for hll
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daughter Jennlfer In the amount of $560.00, He also wrote two bad checks to Central Penn
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College for which his daughter remains liable, in the amount of $1,463.18.
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29. J.. a result of her father's lack of support, Jennifer has given up all attempte to
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obtain a college education.
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30. The parties' daughter Kimberly Is presently attending college, St. JOleph'l
Unlverlity, for which Petitioner was required to obtain a loan In the amount of $15.000.00
which over the life of the loan will COlt the Petitioner $21,330,00.
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31. For IClmberly's sophomore year, Respondent attempted to fraudulently obtain a
SalUe Mae school loan. using his father's sociai securlty number, When Petitioner discovered
the fraud, she obtained a loan in her own name, in the amount of $17,000.00, which will colt
her approximately $24,000.00 over the life of the loan.
32. His daughter, Kimberly has aiso obtained personai loans in her own name in the
amount of $11,000.00, for which the Respondent is contractually liable for under the parties'
Marltai Settlement Agreement
33. Additionally, further funds will be needed for three more years of Kimberly's
ongoing education, as she is in a flve year program.
34. The Respondant is in violation of the Agreement regarding college education.
COUNT V
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35. Pursuant to Paragraph 11 of the Maritll1 Settlement Agreement, the Respondent
hes warranted that he has not, and in the future will not, contract or incur any debt or
liability for which Petitioner might be responsible.
36. Pursuant to Paragraph 7 of the Marltll1 Settlement Agreement. the Deed
transferring the reai eBtate located at 632 Devon Road, Camp Hill, was to be held in eBCrow
pending the flnB! payment of the Moore lien.
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37. Since the payment was never made, the Deed hu been held in eecrow until
recently when it was filed of record desplte Respondent's failure ~o make the payment of the
Moore Uen.
38. Between 1998 and the filing of the Deed, Respondent haa ailowed numerous
other personal debts of hi. to be reduced to judgment and encumber the home to be
transferred to Petitioner.
39. Plaintiff's debts operate as lien. against the rsal estate for which Respondent hAs
agrsed to indemnify and save Wife harmless for pursuant tCl Paregraph 11 of the Marital
SlIttlement Agreement.
COUNT VJ
SUDDOrt
40. Pursuant to Puagreph 14 of the Marital Settlement Agreement, Respondent was
to pay support to Wife between November 1, 1998 and November 1, 2004.
41. Said support wes deemed to be alimony and child support with apportionment to
be made In accordence with child support guidelines
42. During calendar yeu 2002. Respondent has faUed to pay child support/alimony In
the amount of $900.00.
8
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43. During calendar year 2003, Re.pondent hu falled to make child tupport/alImony
payment. to Petitioner In the amount of $11.780.00,
44. During calendar year 2004, through August of 2004, Respondent ha. failed to
make payment. to Petitioner In the amount of $1,300.00 a month for eight month. for a total
amount $10,400,00, with a continuing obligation to make payments of $1,300.00 per month
through November 1, 2004 in an additional amount totaling $3,900.00.
45. The Re.pondent I. In violation of Paragraph 14 of the Marital Settlement
Agreement.
COUNT VD
R.al Eltat. Partn.nhlD'
46. Pursuant to Paragraph 12 of the Marital Settlement Agreement, Hu.band w.. to
pay Wife a portion of hia Intereat in certain partnerahip. identified in Paragraph 12 at the
rate of $1,500.00 per month or 10 percent of Husband's partnership distribution whichever la
greater.
47. Because of the Respondent's wholly confuSing financial affairs, Petitioner i.
unable to aacertain when and if she is able to receive th" payments required to be paid
under Paragraph 12 of the Marital Settlement Agreement, and request the Court to order the
Respondent to prepare an accounting of all aasets contemplated by paragraph 12 .0 that
payment. to Petitioner can be liquidated.
9
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COUNT VID
CouDHll'eel
48. Purluant to Paragraph 20 of the Marital Settlement Agreement, Relpondent
agreed tbat If either party breachel any pro\'ielon of the Agreement and the other party
retllinl counlel to allllt In enforcing the terms thereof, the breaching party will pay all
realOnable attorney's feel, Court costs and expensellncuned in enforcing the Agreement,
or In protecting and enforcing hil or her rights under ths Agreement.
49. The Respondent has violated the Agreement as set forth aboVfI.
50. The Petitioner hal been forc"d to obtain counsel to represent her In prior
contempt proce"ding~, In prior foreclosure proceedings, and In the cunent foreclosure
proceeding brought by John and Teresa Moore. To date, Petitioner believes that Ihe bal
Incurred attorneY'1 feel in an amount in excels of $5,000.00, which attorney's feel are
continuing and Increasing.
51. The Petitioner is entitled to have all of her attorney'l feel reimburled by
Relpondent.
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68. Thi. Court h81 the power, pur.uant to 23 P... C.B.A. 83602 (e), when a party hu
failed to comply with en Order of Equitable Di.trlbutlon or with the term. of an Agreement
entered Into between the partiel, to do the following:
A. Enter judgment
B. Authorize the tlklng and seizure of good. and chattel. and collection of rent. and
profit.
C. Award Interest on unpaid in.tallments
D. Order and direct the transfer or ssle of any property
E. Require security to insure future payments
F. l..ue attachment procsedlngs
G. Award Counsel fses and coste
H. Attach wages, or
I. Find the party in contempt,
WHEREFORE, the Petitioner requests this Honorable Court to exercl.e all of It.
power. set forth in 23 Pa. C.B.A. 83602(e), and the Equitable power. granted by the Divorce
Code, In order to protect the rights of the Petitioner and enforce the Agreement of the partlel
Incorporated into the Divorce Decree dated December 8, 1998, Including, but not limited to
the following:
A. Enter Judgment agsln.t the R8Ipondent; and
B. Fix the amount of child .upport and alimony arreara, and refer the amount to
Dome.lIc Relation. for collection; and
12
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C. Award int.r..t at the l.gal rat. for all unpaid and liquidated .um.; and
D. Enjoin the R8IPondent from tranllferring any ....t. or funde until he receives
permi..ion from thi. Court to do .0; and
E. Appoint a Tru.tee Qr Receiver to take po'8euion of all ..8.t8 of the
Re8pondent, to inve8t:gate the location of fund8 end a88.ts under hi8 control
and to provide an accounting to the Court .0 that the term8 of the Agreem.nt
may be properly implemented, with all coet8 to be borne by the R8Ipondent;
and
F. Order the Re.pondent to 8ati8fy the Mortgage held by John and Tere.a Moore;
and
O. Order the Re8pondent to 8ati8fy all debt8 pre8ently encumbering the
Petitioner'8 home; and
H. Award Coun.el fee8 to the Petitioner; and
I. Hold the Re8pondent in Contempt of Court; and
J. Such other relief a8 the Court deem. equitable and just.
Re8pectfully 8ubmitted.
ll, Jr.
1.0. 29955
19 North Front StrClet
Harri.burg, PA 17102
(717)234-4178
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CJ:RTmCATE OF SERVICE
1, John W. Purcell, Jr.. Attorney for the Plaintiff Kimberly Banzhaf!, hereby certifies
that a true and correct copy of the foregoing was served on the Defendant by forwarding
, said copy to his attorney at the following address, by first class U.S, Mail on July 29.2004:
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
The court retains jurisdiction of the following claims which hove
been raised of record in this action for which 0 final order has not yet
been entered; .
. . .N.o.n,.... . .T.~e. .~":r.i.t.8,;. .~e.t.q~"!'!'1t. .~1lt:'!'!11)'!1)~ .~1I~C;\I~~4 .Ily .~I), .putt" .oll.!;ove"ber 16. ~
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~nm..g>~ Jl'lqlll[) III ~~Y' g. 1998 ~
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
Kimberly S. B8n~hoff
................,.............. ...................,.......... ......................
N o. ....,~,~~.~,..,....... ..................19 94
V CrsllS
Gordon K. B8n~hoff. Jr.
DECREE IN
DIVORCE
lit 5:25 P.M.
AND NOW. . .. .. . ~~ .1\.. ... .. .. .. .. 19.98.... it Is ordered and
decreed that ..... ~~~~~~~r.~:. ~~!'~~?~~" . . . . .. . . .. ... . .. .. . . ... plaintiff.
and. . . . .c.o.r.d.o.n. .K... .B.8.n.~.~o.f.f... .J.r:.. .. . . . . .. ... .... .. .. .. .. ... . . '. defendant.
are divorced from the bonds of matrimony.
Dy The Cour.:
le/.O<<>J:9QpJ;. .tlQf.fllX'.. p.....P PP ...... ........p.oO ...... .........
Aile.': CUrtis R. tong, Prothonotery P. J.
. roOk. ~D;,.,u.fJ:f...p~~.h~~~i~.~y....
C:lOFfICE\\VPWIN\WPDOCSIDOME&TIClMSA'bInlh<lH.mu. wpcI
November 1 e, 18ge
MARITAL SETrLEMENT AGREEMENT
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THIS AGREEMENT, made this /1:,-1'" day of ~e",,-~ ,1998, by and
between KIMBERLY S. BANZHOFF of Camp Hill, Pennsylvania, (hereinafter "WIFE") and
GORDON K. BANZHOFF, JR. of Camp Hill, Pennsylvania, (hereinafter "HUSBAND ");
WITNESSETH:
WHEREAS, the parties hereto were married on February 19, 1983, in Camp Hill,
Cumberland County, Pennsylvania; and
WHEREAS, the parties are the parents of three (3) children; Jaime Nicole, born on
January 6,1977; Jennifer L., born on August 19, 1983 and Kimberly K., born on November 16,
1984; and
WHEREAS, a divorce action was tiled by WIFE on or about November, 1994, in the
Cumberland County Court of Common Pleas at 94.6352 CIVIL ACTION -LAW; and
WHEREAS, WIFE filed an amended complaint on November 5,1997; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
including, but not limited to: the equitable distribution of the marital property; past, present
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
Page 1 of 14
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C:\OFflCl\WPWINlWPDOCSIDOMESTIClMSA\benlholl.mu. wpd
NovtmIIer 13, IBM
NOW THEREFORE, in conl1ideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
1. J\DVlCE OF CQVNSEL.
The provisions of this agreement and thC!ir legal effect have been fully explained
to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor,
Esquire. HUSBAND is represented by Michael Bangs, Esquire.
The parties further declare that each is executing the Agretlment freely and
voluntarily having either obtained sufficient knowledge and disclosure of their respective legal
rights and obligations or, if counsel has not been consulted, expressly waiving the right to
obtain such knowledge. The parties each acknowledge that this Agreement is fair and
equitable and is not the result of any fraud, coercion, duress, undue influence 01' collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they
shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code. The
parties agree to execute Affidavits (If Consent for divorce and Waivers of Notice of Intention to
Request Entry of a Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that the terms
of this agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them and specifically referenced in the Divorce Decree. This Agreement shall not
merge with the divorce decree, but shall continue to have independent contractual significance,
Page 2 of 14
O:'DP~ICr:.WPWI~WPDOCS\DOME8TIC\MSAlbanlhoff.m...wpd
NovembIt 13, I"'
3. DATE OF EXECUTION.
The "date of eXllcution" or "execution date" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have each executed the Agreement on
the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing this Agreement.
4. l\WTUAL I\EJ..EASES.
Each party absolutely and unconditionally releases the other and the estate of the
other from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors and estate from any claims arising by virtue of the marital relationship of the
parties. The above release shall be effective whether such claims arise by way of widow's or
widower's rights, family exemption, or under the intestate laws, or the right to take against
the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or
all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United
Stotes, or any other country.
Except for any cause of action for divorce which either party may have or claim
to have, each party gives to the other by the execution of this Agreement an absolute and
unconditional release from all claims whatsoever, in law or in equity which either party now
has against the other.
Page 3 of 14
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C:\O"ICE\WPWINlWPOOCS\OOMESTIC\MSA~hoII.m...wpd
Novllllbtt 18, 11188
5. FINAJIlCIAL AND ~ROC:t:DURAL DlSCLOSV8Ii1.
The parties confinn that each has relied on the accuracy of the financial disclosure
of the other as an inducement to the execution of this Agreement. Each party understands that
helshe had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have a right to have a court hold hearings and make decisions on the
matters covered by this Agreement. Both paries hereby acknowledge that this Agreement is
fair and equitable, and that the tenns adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either i>arty upon
the other or by any person or persons upon either party.
6. SEPARATIONINON INTERFER~NCE.
WIFE and HUSBAND may and shall, at all times hereat~er, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all respects
as fully as ifthey were unmarried. Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her
may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or
the respective families of each other,
7, REAL PROPERTY.
The parties are the joint owners oCreal property located at 632 Devon Road, Camp
Hill, Pennsylvania 17011. This property is subject to the following liens:
(a) $100,000 to John & Teresa Moore ("Moore");
(b) $75,616 to MidPenn Bank, ("MidPenn"); and
(c) Approximately $3,000 to Pennsylvania Department of Revenue, ("PDR").
HUSBAND shall be solely responsible for the payment of the Moore, and MidPenn liens.
HUSBAND shall pay in full the MidPenn lien within sixty (60) days of the
Page 4 of 14
C:'DF'IC~WPWIN\WPDOCB\DOMESTIC\MSAIilanIhotl,m..,wpd
NcMmbtr 1~. 1_
execution of the Marital Settlement Agreement. HUSBAND shall pay the balance ofthe Moore
obligation and obtain a mortgage satisfaction piece no later than June 1, 1999. HUSBAND
agreea to execute a Judgement Promissory Note and a Mortgage of the property located at 20
Round Hill Road, Camp Hill, Pennsylvania in the amount of the outstanding Moore balance
concurrently with the eXllcution of this Agreement, HUSBAND and WIFE agree to be equally
responsible for all Pennsylvania Department of Revenue taxes. Each party shall pay one-half
(112) the obligation directly to the PDR within sixty (60) days of the execution of this
Agreement. In the event that the amount is paid in full by either party, the paying party must
be reimbursed within thirty (30) days. WIFE shall be solely responsible for the Cumberland
County Real Estate taxes.
At the time of execution of this Agreement, HUSBAND shall transfer his right, title and
interest in the Devon Road property to WIFE. HUSBAND agrees to execute a deed prepared
by WIFE's counsel effectuating such transfer concurrently with the execution of this
Agreement. The deed shall be held in escrow pending the final payment of the Moore liens as
outlined above.
HUSBAND is the owner of property located at 20 Round Hill Road, Camp Hill,
Cumberland County, Pennsylvania, 17011, which was purchased post separation. WIFE
hereby waives any right, title and interest in said real property except as outlined herein.
8. CASH rAYMENT.
Concurrently with the execution of this Agreement, HUSBAND shall pay to WIFE
the sum of $40,000. WIFE acknowledges receipt of $7,985. 'fhereafter, HUSBAND shall
adhere to the following payment plan:
(1,) $5,000 payable to WIFE on December 1,1999;
(2.) $5,000 payable to WIFE on December 1, 2000; and
(3.) $5,000 payable to WIFE on December 1, 2001.
Page 5 of 14
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C:IOFFICe.WPWIMWPDOCSIOOMESTIClMSAlbanthoH,m..,wpd
Novamber Ie, 1m
HUSBAND agrees that the $15,000 future payments will be secured by a
Promissory Note secured by a Mortgage against HUSBAND's real property located at 20 Round
Hill Road, Camp Hill, Pennsylvania, 17011. HUSBAND agrees to execute and deliver to
WIFE, concurrently with the execution of this Agreement, a Judgement Promissory Note and
a Mortgage in a form of acceptable to WIFE's counsel in the amount of $15,000.
9. 1tt:At.TH ~SURANCE.
HUSBAND agrees to pay for all health insurance coverage for the minor children,
Jennifer and Kimberly, including all medical, dental and eye coverage and HUSBAND further
agrees to be solely responsible for all unreimbursed medical, psychological, dental, orthodontic
or eye expenses, Beginning December I, 1998, and continuing until December 1, 2004,
HUSBAND shall assume the full cost of health insurance for WIFE, said health insurance to
be the same coverage as HUSBAND is currently carrying on himself.
10. QQLLEGE EDUCATION.
The parties daughter, Jaime, has incurred an outstanding obligation to Penn
State for her college education. WIFE hereby agrees to assume responsibility for said
obligation. HUSBAND hereby agrees to be solely responsible for the post-high school
education expenses of the minor children, Jennifer and Kimberly, which will include all
expenses associated with tuition, room. board and purchase of books, until they reach their
twenty-third (23,dj birthday.
This financial obligation is deemed reasonable and in the best interests of the
children due to the current financial status of the parties, WIFE's acceptance of this
Agreement is opecifically conditioned on the inclusion of this provision. WIFE has no
additional obligation for the payment of post-high school education expenses other than those
obligations indicated in this Agreement.
Page 6 of 14
C:IOI"IC~WPWI,,^WPOOCS\DOMESTIC\MS"'\banoholl.m...wpd
~t3.t",
11. pESTS.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which WIFE or her
eltate might be responsible, and he shall indemnify and save WIFE harmless from any and all
claims or demands made against her by reason of such debts or obligations incurred by him
since the date of said separation, except as otherwise set forth herein.
WIFE represents and warrants to HUSBAND that, since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which HUSBAND
or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from
any and all claims or demands made against him by reason of such debts or obligations
incurred by her since the date of said separatiol1, except as otherwise set forth herein.
12. J,JUSINESS.
A. HUSBAND is the owner ofthe following real property, in partnership with
his father:
(a) Scoita/Shawnee, Corry, PA;
(b) Sandy Hill, Butler, PA;
Parsons; and
Mahoning Manor.
(c)
(d)
B. HUSBAND is also an owner of the following mobile home parks:
(a) Pinetree, 50% ownership;
(b) Riverview. 50% ownership; and
(c) Edgewater, 40% ownership.
WIFE upon execution of this Agreement, shall receive from HUSBAND a ten(10%)
percent ownership interest in HUSBAND's share of the partnership properties as identified
in subparagraph (A)(a)-(d). WIFE shall receive from her interest in these partnership
properties either $1,500 per month or ten(lO%) percent of the HUSBAND's partnership
distribution, whichever is greater. However, WIFE shall waive any entitlement to receipt of
Page 7 of 14
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C:IOFFICFlWPWIMWPOOCSlDOMEsnCIMSAIblnIhoH.mH,wpd
Nov....bIf 1 e, 1 QlII
any income from the partnership properties until HUSBAND's personal obligations to Dr.
Gordon Banzhoff are paid in full or until December I, 2004, whichever shall first occur.
HUSBAND agrees that the obligation to Dr. Banzhoff is in the amount of $438,000 and that
the repayment of this debt shall be made in a timely and regular fashion.
As of the date hereof, HUSBAND shall not, without the prior written consent of
WIFE, which shall not be unreasonably withheld, conditioned or delayed, perform any of the
following acts:
(a.)
(b.)
Vote his interest in the Partnerships in such a manner that would limit
HUSBAND's Partnership Distribution in any material way unless such
limitation is commercially reasonable under the circumstances; or
Vote his interest in the Partnerships in favor of modifying the tenus of the
Partnerships' financing in a manner that would materially impair or limit
HUSBAND's Partnership Distribution unless such limitation is
commercially reasonable under the circumstances.
WIFE shall receive full financial accounting of the business operation, including
but not limited to; all financial statements as they are proposed, tax returns when filed, income
and cash flow statements when prepared. WIFE shall also receive annually a full accounting
of the obligation to Doctor Banzhoff as well as the payments made against such obligation.
WIFE shall bear no financial responsibility for the repayment of any and all
obligations against the businesses or the property including HUSBAND's personal obligation
to his fathel', Dr. Banzhoff, and HUSBAND shall indemnify and hold WIFE harmless from said
obligation.
The payments as described herein shall continue to WIFE until such time as
HUSBAND's interest in the partnership propertie15 are transferred or the partnerships are
dissolved. Upon the happening of either event, HUSBAND shall pay to WIFE, within ten (10)
Page 8 of 14
C:IOFFICf:lWPWIt'tIWPDOCIl\DOMESTIClMSAlblnltooff.ml..wp<1
Novtmbet '8, ,_
days ofthe transference or dissolution of the partnerships, ten (10%) percent of HUSBAND's
net proceeds from said transference or dissolution (after deducting ordinary and customary
closing expenses).
The parties acknowledge that the provisions of Paragraph #12 of this Agreement may
violate portions of a certain loan agreement entered into by the partnerships on or about
October 3, 1997, with Nomura Asset Capital Corporation, said loan having an original
principal balance of'fhree Million Two Hundred Forty Thousand ($3,240,000.00) Dollars. In
the event that the partnerships receive notice th'lt Nomura is declaring a default under the
terms of the loan agreement as a result of the previsions contained in this paragraph, this
portion of the Agreement between the parties shall automatically terminate and be of no
further force and effect. Upon the happening of such an event, HUSBAND agrees to pay to
WIFE alimony, in an amount of $1,5000,00 per month, or ten (10%) percent of HUSBAND's
partnership distribution, whichever sum is greater. In no event shall these payments
commence earlier than the satisfaction of all personal obligations of Dr. Gordon Banzhoff or
December 1, 2004, whichever occurs first. These payments shall continue until such time as
HUSBAND dissolves the partnerships or transfers his interest in the partnerships. Upon the
dissolution or transference of his partnership interest, HUSBAND shall pay to WIFE an
amount equal to ten (10%) percent of the net proceeds from such sale or distribution (after
deducting ordinary and customary closing expenses) as a lump sum alimony payment.
13. BANKRUPTCY
In the event that HUSBAND files for bankruptcy within six (6) years of the date
of this Agreement, this Agreement shall constitute conclusive evidence of the parties intent
that the obligation in paragraph #14, in the nature of support and maintenance and is not
discharged in bankruptcy under the current bankruptcy law or any amendment thereto.
Further, if HUSBAND institutes an action in bankruptcy or any other bankruptcy proceeding
is instituted in which WIFE's right for alimony becomes a matter for judicial review,
HUSBAND agrees to any motion filed by WIFE with the bankruptcy court requesting that the
,
Page 9 of 14
C:IOl'f1CElWPWINlWPDOCS\DOMESTIClMSAlbanlhoff.ml..wpd
NowmbIr 13.1_
bankruptcy court abstain from deciding the dischargeability ofthis alimony obligation and any
other obligations due hereunder in order to allow the Cumberland County Court of Common
Pleas to rule on the issue. If for any reason, HUSBAND is successful in having any obligation
contained in this Agreement discharged in bankruptcy or if any payments made to WIFE in
alimony or in lieu of property settlement are deemed a preference by a court of competent
jurisdiction in bankruptcy, then the parties agree that this Agreement shall be null and void
as a resolution of WIFE's pending economic claims in the divorce action tiled in the
Cumberland County Court of Common Pleas including WIFE's claims for equitable
distribution, alimony pendente lite, alimony, counsel fees and costs or any other matter raised
by WIFE as a party in the enforced action. Any relief of HUSBAND's other obligations arising
out of the marriage shall also be null and void. With the effective date that the HUSBAND's
obligations cease due to banknlptcy discharge or the effective date of any order requiring
repayment of alimony by WIFE is a preference in bankruptcy, WIFE shall have the right to
prosecute the right to her economic claims in the divorce action as if this Agreement had not
been entered and any order of support shall be effective retroactive to the date of discharge or
date of receipt of any payment WIFE is required to repay.
14. SUPJ>>9BI
HUSBAND shall pay WIFE support beginning the month following the execution
ofthe Marital Settlement Agreement and continuing for six (6) years. Said payments shall be
made through the Domestic Relations Office of Cumberland County. For purposes of
allocation, the parties will exchange information regarding gross income November 1st of each
year. Child support will be determined by the support guidelines, The remainder of the
support payments will be allocated as alimony.
The support payments will be as follows:
(8,) November 1, 1998 - November 1, 1999:
$700 as Child Support, $300 as Alimony;
(b) November 1,1999 - November 1, 2000:
$1,000 per month,
$1,100 per month;
Page 10 of 14
C:IOfFICl\WPWINlWPDOCSIDOMESTIcv.1SAIbanIholl.mll.wpd
November 18. IBM
(C) November 1, 2000 - November 1,2001:
(d) November 1, 2001 - November 1,2004:
$1,200 per month;
$ 1,300 per month.
The alimony portion shall be determined by the above calculation. Alimony may
not be modified except by the above calculation and alimony and child support must be
equivalent to the payments herein described. Alimony shall not terminate upon thfJ
remarriage, cohabitation or death of WIFE or death of HUSBAND.
Payment of this support obligation will be secured by the p'uchase of a term life
insurance policy on HUSBAND. Said policy will have a face amount of $75,000 and will name
WIFE as the irrevocable beneficiary. This policy shall be maintained until all obligation for
support hereunder have been satisfied. HUSBAND shall provide WIFE proof of insurance on
the date of execution of the Marital Settlement Agreement and annually thereafter.
The parties agree that the portion of these payments allocated as alimony shall
be taxable to WIFE and deductible by HUSBAND. The parties further stipulate and agree
that said alimony payments are necessary for the support and maintenance of WIFE and
without the aforesaid alimony, WIFE will not have sufficient income to maintain herself and
provide for the support ofthe minor children.
15. ATl'ORNEY FEES. COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees,
costs and expenses. Neither shall seek any contribution thereto from the other party except
as otherwise expressly provided herein.
16. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
Page 11 of 14
C:\OFflCElWP'WINlWPDOCS\DOMESTIClMSA,""'hOII.m'.. WIld
NcM.lober 13, 1881
(b) The right to obtain an income and expenlle statement of
either party;
(c) The right to have all property identified and appraised;
(d) The right to discovery as provided by the Pennsylvanip.
Rules of Civil Procedure;
(e) The right to have the court make all determinations
regarding marital and non-marital property, equitable
distribution, spousal support, alimony pendente lite,
alimony, counsel fees and costs and expenses.
17. MUTUAL COOPERATIO.IS:.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents.
18. VOID CLAUSES,
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement, and in all other respects this Agreement shall
be valid and continue in full force, effect and operation.
19. APPLICABLE LAW,
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
20. ATTORNEYS' FF;ES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and the
other party retains counsel to assist in enforcing the terms thereof, the breaching party will
pay all reasonable attonleys' fees, court costs and expenses (including interest and travel costs,
if applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Page 12 of 14
C:IOff1CI\WPWINlWPDOCSIllOMESTIC\MSA,""IhoII,mu,wpd
No>.IIIIbIr 13. 1118I
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the
oblisation of any and all costs, expenses and reasonable counsel fees incurred by the
nonbreaching party in protecting and enforcing his or her rights under this Agreement.
21. Dfl'IRE AGREEMENT.
This Agreement contains the entire understanding of the parties, and there are
no !epresentations, warranties, covenants or undertakings other than those expressly set forth
herein.
22. COI'{TRACT (NTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
acknowledge the receipt of a duly executed copy hereof.
Ii Page 13 01 14
O:\OI'FIOf:lWPWIN\WPDOCIlIOOMESTIOIMSAlbanlhoff,mll,wpd
NoYembtr 13. 1eee
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS.
On the /(g 1(..1, day of -n Q7)..l.~ , 1998, before me, a Notary Public
in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared
Kimberly S. Banzhoff known to me (or satisfactorily proven) to be one of the parties
executing the foregoing instrument, and she acknowledges the foregoing instrument to be her
free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and
year first above written.
XJ~ /J1. 7Iam~
Notary Public
/;i' ommi~v~j,or E~pires:"'"
L.mda M. hbJnm""i" .t. . '., '
CI!!lP HiU Bora, CumbirlJoo (;U, vI" (, I
!All OOmmlMlon Explln FeO, 26, ?r~
Mlmbir. PennsylvemaAaSOClatlO!llt' !~L."';i:lIa
COMMONWE~TH OF PENNSYLVANIA
COUNTY OF (jlS\'\ ~b LA_l6,'1t(J _ :SS.
On the Jlt day of d t.J tyl,1}j,L1 , 199L before me, a Notary Public in and for
the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Gordon
K. Banahotr, Jr., known to me (or satisfactorily proven) to be one ofthe parties executing the
foregoing instrument, and he acknowledges the foregoing instrument to be his free act and
deed.
IN WITNESS WHEREOF, I have hereunto SElt my hand lInd notarial seal the day and
year first above written. ,,\ I
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Notary PUQ ic
My Commission Expires:
MOIIIII4 11M
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Page 14 of 14
JOHN MOORE &. TERESA MOORE,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.'l~
v.
: NO.
: CIVIL ACTION. LAW
GORDON BANZHOFF and
KIMBERLY BANZHOFF,
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or reliefrcquestcd by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VB
ALA WYER 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 17013
(717) 249.3166
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S. The note contains a confession of judgment provision that allows Plaintiffs to enter
judgment against Gordon Banzhoff and Kimberly S. Banzhoff after default on the note without
advanced notice or an opportunity to defend against the entry of judgment.
6. On or about March I, 1990, as security for the mortgage note, Defendant executed
and delivered a mortgage to Plaintiffs in an amount equal to the note and all sums due thereunder
upon certain real properly located at 632 Devon Road in the Borough of Camp Hill, Cumberland
County, Pennsylvania for the purpose of securing the payment of the note and the performance and
observance of the tenns, conditions and covenants of the note (hereinafter referred to as Exhibit
"8").
7. Defendants are in default of the note as a result of their failure to make payments on
the note when due.
8. The last payment was made by Defendant Gordon ~anzhoff on or about May 3,2000
in the amount of$2,461.47.
9. All of the nole requirements have been fulfilled and the nole and the mortgage have
been accelerated.
10. Pursuant to the terms of the note, Defendants are liable to Plaintiff for the entire
indebtedness including (a) all principal; (b) all interest; (c) aU late charges; (d) all loan fees and loan
charges; and (e) all collection costs and expenses relating to the note or to any collateral for the note
which includes without limitation a I S% attorney's commission.
II. On September 29, 2003, the loan was in excess of three years past due and the past
due amount was in excess ofS 1 60,000.
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12. The entire principal, intcrcst,late charges and fees oflhe nole is now due and payable
in full together with attorney's fees and costs of suit.
13. Judgment is not being entered by confession against a natural person in conneclion
with a consumer credit transaction.
14. The mortgage note and the mortgage have not been assigned and Plainliffs are the
holders of the mortgage nole and mortgage.
15. Judgment has nol been entered against Defendant in any jurisdiction for their failure
to make the required payments on the mortgage nole and mortgage.
WHEREFORE, Plaintiffs demand judgment against Defendant Kimberly Banzhoffin the
sum of S160,668.25 plus interest until paid in full at the rate of 9% per annum together with
attorney's fees and all other appropriate costs of suit.
RespectliJUy submitted,
Dated: April-1-. 2004
t(~L-
Michael J. 'Connor, Esquire
Attorney I. D. #76127
KlWID " Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, P A 17108
(717) 232.1851
Attorneys for Plaintiffs
3
YlRlFJCAU<m
I herehyverify that the statements of fact made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S.A. fi4904, relating to
unsworn falsification to authorities.
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EXHIBIT
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MORTGAGE NOTE
SlOO.OOO.OO
Harrisburg, Penna.
March 1, 1990
FOR VALUE RECEIVED, GORDON K. BANZHOFF AND KIMBERLY S.
B,l.NZHOFF, (hereinafter called "the Undersigned" referred to as
though singular in number and masculine in gender, whether one or
more), promises to pay to the order of JOHN E. MOORE and TERESA
J. MOORE, their heirs or assigns, in lawful money of the United
states of America, the sum of ONE HUNDRED THOUS,l.ND DOLLARS
($100,000.00).
The Undersigned hereby empowers the Prothonotary of any
county or any Attorney of any Court of Record to appear for and
confess judgment against the Undersigned in favor of any Holder
for the said sum plus accrued interest with costs of suit
including fifteen per cent attorney fees added for collection and
hereby waives all errors and rights of appeal and all relief from
any appraisement, valuation, stay, and exemption laws of any
state and all bankruptcy laws of the United States now in force
and hereafter enacted.
As additional security along with the foregoing Obligation,
there has been delivered by the undersigned, the property
hereinafter set forth as collateral security for the payment of
this liability of the Undersigned to any Holder hereof, due or to
become due, or that may be hereafter contracted, whether direct
or contingent, and whether now or hereafter acquired, with the
right on the part of the Holder hereof to repledge the said
securities, and upon failure to comply with any such demands,
this obligation shall forttlwith become due, with full power and
authority to the Holder hereof, in case of any default of the
Undersigned, or of the non-payment of any of the liabilities
above mentioned at maturity sell, assign and deliver the whole or
part of said securities, or any substitutes therefor or additions
thereto, at any broker's board or at public or private sale,
either in York or elsewhere, at the option of the Holder, at any
time or times, thereafter without advertisement or notice to the
Undersigned, and with the right on the part of the Holder hereof
to become purchaser and absolute owner thereof at such sale or
sales free of all trusts and claims, and after deducting any
legal or other costs and expenses, for collection, sale and
delivery, to apply the residue of the proceeds of such sale or
sales 80 made, to pay any or all of said liabi 1 i tie. as said
holder hereof shall deem proper, returning the overplus, if any,
to the undersignedl and it is further agreed that the said
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property, together with any previously depoeited or pledged
hereatter ehall etand ae one general continuin9 collateral
s.curitr tor any and u1l obligations ot the undereigned, eo that
the det ciency on anyone ehall be made good trom the collaterals
tor the others/ the Undersigned hereby remaining responsible tor
any deticiency in payments, and hereby waiving all benetit ot any
atay ot execution or any exemption ot property tro. execution or
any privilege under any law now or hereatter to be in torce, all
re.edie. are cUlDu1ative and not alternative. The Undersigned
pledge. the property set torth, toqther with (a) all proce.ds ot
the property, including cash, etock and other dividends and
rights to subscribe to securities incident to euch property/ and
(b) all additions to, exchanges or substitutione tor, the
property.
Address:
Mortgage ot property 632 Devon Road,
C..p .'11, .....ylv.nl. ,7." ~.
632 Devon Road /It.. y, ,r:.. ^
Camp Hill, PI. 17011 :.i: L-t { ~ t -, :
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Witness:
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MORTGAGE
'901'lRR 6 AllI10 53
'90 APR 30 ArllO 39
THIS MORTGAGE is made this 1st day of March, 1990 between
GORDON K. BANZHOFF and KIMBERLY S. BANZHOFF, his wife,
(hereinafter whether one or 1II0re called "Mortgagor") AND JOHN E.
MOORE and TERESA J. MOORE, bis wite(hereinafter whether one or
more called "Mortgagee");
In consideration for and to secure payment to Mortgagee by
Gordon K. Banzhoff and Kimberly S. Banzhott of a loan and any
interest and costs due thereon evidenced by a Note dated March 1,
1990 in the amount of $100,000.00, and performance of all
conditions, covenants and obligations herein and in tho Note and
in an Installment Sales Contract dated March 1, 1990 or any other
obligations of Mortgagor to Mortgagee now existing or hereafter
incurred, the Mortgagor does by these presents grant, sell,
convey and mortgage unto Mortgagee, ALL THAT CERTAIN real estate
decribed situate in the commonwealth of Pennsylvania known as
632 Devon Road, Borough of camp Hill, county of Culllber1and,
Commonwealth of Pennsylvania recorded in the Office of Recorder
of Deeds in and for Cumberland county in Deed Book X, Volume 30;
Page 595 - See complete Desciption Attached.
TOGETHER with all the buildings and improvements thereon and
additions and alterations thereto, inclUding all alleys,
passageways, rights, liberties, privileges, hereditaments and
appurtenances whatsoever thereunto belonging or appertaining.
TO HAVE AND TO HOLD the Premises hereby granted and conveyed
unto Mortgagee, to and for the use and behoof of Mortgagee, their
successors and assigns, forever.
THIS MORTGAGE IS MADE subject to the following conditions,
covenants and obligations:
a. All payments on the Note and the Installment Sales
Contract will be made when due including payments due by
acceleration of maturity, and all other conditions, covenants and
obligations as required or provided herein, in the Note, or in
any other obl igation of Mortgagor to Mortgagee, will be
performed; and
b. Mortgagor covenants and warrants that Mortgagor has fee
simple title to the Premises and the right to mortgage the
premises; and
c. Mortgagor wi 11 pay when due all taxes and asse8lments
and other governmental charges, including electricity, water and
sewer rents levied or assessed against the premise. or any part
thereof, and will deliver receipts therefor to the Mortgagee upon
request, and shall pay when due all amounts secured by ~ny priQr
lien on the Premises; and
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d. Mortgagor will keep the premises insured against fire
and such hazards in such amounts as may be required by the
Mortgagee and the policies and renewals evidencing such insurance
shall have attached thereto a loss payable clause in form
acceptable to Morgagee; and
e. Mortgagor will neither sell, assign or transfer any or
all of the premioes or any interest therein nor commit nor suffer
any strip, waste, impairment or deterioration of the Premises and
will maintain the same in good order and r~pair: and
f. In the event of any default in making payment due and
payable under the Note, or in the keeping and performance of any
of the conditions, covenants and obi gat ions contained herein or
in the Note, or any other obligation of Mortgagor to Mortgagee,
Mortgage.. may, upon timely notice to Mortgagor if required by
law, (i)forthwith bring any action of mortgage foreclosure
hereon, or institute other foreclosure proceedings upon this
Mortgage, and may proc'iled to judgment and execution to recover
the balance due on the Note and any other sums that may be due
thereunder, including attorneys' fees, costs of suit and costs of
sale to the extent, if any, provided in the Note and permitted by
law, and (ii)ent~r into possession of Premises, with or without
legal action, lease the same, collect all rents and profits
therefrom and, after deducting all costs of collections and
administration expense, appl)' the net rents and profits to the
payment of taxes and other necessary maintenance and operation
costs(inc1uding agents' fees and attorneys' fees) or on account
of the Note, in such order and amounts as Mortgagee in
Mortgagee's sole discretion may elect and Mortgagee shall be
liable to account only for rents and profits actually received by
Mortgagee; and
g. Mortgagor hereby waives and releases all benefit and
relief from any and all appraisement, stay and exemption laws now
in force or hereafter passed, either for the benefit or relief of
Mortgagor, or limiting the balance due to a sum not in excess of
the amount actually paid by the purchaser of the Premises at sale
thereof in any judicial proceedings upon this Mortgage, or
exempting the premises, or any part of the proceeds of the sale
thereof, from attachment, levy or sale under execution, or
providing for any stay of execution or other process.
BUT ALWAYS PROVIDED, nevertheless, that if this Mortgage and
the debt hereby secured are paid :in full in the mannet' provided
in the Note and the Installment Sales contract, then this
Mortgage and the estate hereby granted shall cease and dotermine
and become void, anything herein to the contrary notwithstanding.
The covenants and conditions herein contained shall bind and
the benefits and advantages shall inure to the respective heirs.
executors, administrators, successors, and assigns of the parties
hereto. Whenever used, the singular nulllller shall include the
plural, the plural and the singular and the use of any gender
-
bOOK [Jfi8 PAGt: 598
, . .
.
JAlNlIUElBANZHOFF2.NOT
NbvIn\bet'13, I.
NOTE
November i , 1998
CAMP HILL, PENNSYLVANIA
10 ROUDdbill Road. Camp HIlI. PeDDSylvanla 17011
(Propeny Address)
1. PROMISE TO PAY
I proml.,e to pay U.S. $100,000.00 (this amoUDI is called "principal"), to the order of the Lender. The Lender is
KIMBERLY S. BANZHOFF. I understand that the Lender may transfer this Note. The Lender or anyone who takes this
Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder."
1. PAYMENTS
(A) Time aDd Place of PaymeDu
I will make full payment on June I, 1999, which is called the "maturity date."
I will make my payment at 631 DeVOD Road, Camp HIlI, PA 17011, or at a different place if required by
the Note Holder.
(B) AmoUDt of Monthly PaymeDu
My paymenl will be in the amount of U.S. $100,000.00.
3. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at "'y time before they are due. A payment of principal only is known
as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing 50.
I may make a full prepayment or panial prepayments without any prepayment charge. The Note Holder will use
all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there
will be no changes in the due date or in the amount of my monthly paymenl unless the Note Holder agrees in writing to those
charges .
4. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Cbarle for Overdue PaymeDu
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it IS due, I will pay a late charge to the Note Holder. The amount of the charge will be 5... of my overdue
paymenl of principal and interest. I will pay this late charge promptly but only once on each late payment.
lB) Default
If I do not pay the full amount of each monlllly payment on lIle dale it is due, I will be in default.
(e) Notice of Default
If I am in default, the Note Holder may send me a wrinen notice telling me lIlat if I do not pay the overdue
amount by a cenain date, the Note Holder may require me to pay immediately the full amount of principal which has not been
paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which lIle notice is
delivered or mailed to me.
ID) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does nol require me to pay immediately in full as
described above, the Note Holder will still have lIle rilhllo do so if I am in default at a later time.
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(E) t'ayment of Note Holder's Costa aDd Expel\Hll
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be pald back by me for all of its costs and expenses in enforcing this Note to the utenl not prohibited by applk:able
law. Those expenses Include, for example, reasonable attorneys' fees.
5. GIVING OF NOTICES
Unless applicable law requires a differenl method, Wly notice that must be given to me under this Note wUl be liven
by delivering it or by mailing it by ftrst class mall to me at the Propeny Address above or at a different address If I live Ibe
Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first cia.. mail to
the Note Holder at the address stated in Section 3{A) above or at a different address if I am given a notice of that different
address.
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made In this i~ote, Including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of
a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this NOIe. The Note Holder
may enforce its rights under this Note against each person individually or against all of us together. this means that anyone
of us may be requirtd to pay all of the amounts owed under this Note.
7, WAIVERS
I and any other person wbo has obligalions under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts d.ue. "Notice of disbonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
8, UNIFORM SECURED NOTE
This Note is a uniform instrumenl with limited variations in some jnrisdiclions. In addition to the protectiona liven
to the Note Holder under this Note. a Mongage, Deed of TlllSt or Security Deed (the "Security Instrument"), dated the same
date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make
in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
Transfer of th~ Property or a Benenclallnterest In Borrower. If all or any
part of the Properly or any interest in it is sold or transferred (or if a beneficial interest
in Borrower is sold or transferred and Borrower is nol a natural person) without under's
prior written consent. Lender may, at its opllon, require immediale payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if exercise is prohibited by federal law as of the date of Ibis Security Instrument.
If Lender exercises this option. Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the
notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of Ibis
period, Lender may invoke any remedies permilled by this Security Instrument wllbout
further notice or demand on Borrower.
WITNESS THE HAND AND SEAL Of THE UNDERSIGNE
1
(Seal)
I " .
JAWULtEIIlANZOFF.NOT
0CtrMi27, I.
NOTE
November JlL , 1998
CAMP HILL, PENNSYLVANIA
10 ROUDdbllI Road, Camp Hill, Pennsylvania 17011
(Property Address)
1. PROMISE TO PAY
I promise to pay U.S. $15,000,00 (this amount is called "principal"), 10 the order of the Lender. The Lender is
KIMBERLY S. BANZHOW. I understand that the Lender may transfer this Note. The Lender or anyone who takes this
Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder."
1. PAYMENTS
(A) Time and Place of Paymenta
I will make paymenln on December I, 1999, December 1, 2000 and December I, 2001. If, on December
1$, 2001, 1 stili owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity
date. "
I will make my monthly payments at 631 Devon Road, Camp HUl, PA 17011, or at a different place iC
required by the Note Holder.
(B) AmoUDt or Monthly Paymcnts
My payment will be in the amount of U.S. $5,000.00.
3. BORROWER'S RIGHT TO PREPAY
I have the right to makc payments of principal at any lime before they are due. A payment of principal only is known
as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may malce a full prepayment or panial prepayments without any prepayment ch:uge. The Note Holder will use all
of my prepayments to reduce the amount of principal that I owe under this Note. If 1 make a panial prepayment, there will
be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writlnlto those
charges.
... BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Cbarle for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the dale it is due. 1 will pay a late charge to the Note Holder. The amounl of the charge will be 5'l' of my overdue
payment of principal and interest. I will pay this late charse promptly but only once on each late payment.
(B) Default
If I do 1I0t pay the full amount of each monthly payment on the date II is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send rllC a written notice telling me that if I do not pay the overdue
amount by a cenain date. the Note Holder may require me to pay intrnediately the full amount of principal which hlll not been
paid and all th~ interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is
delivered or mailed to me.
(D) No Waiver By Note tlolder
Even if, at a time when I am in default. Lh~ NOle Holder does not require me 10 pay immediately in full as
described above, the Note Holder will stili have the right to do so if I am In default at a later time.
( I~,,',l \)
, ,
, . . .
JAlNULIEI8ANZOFF.NOT
0tt0b1l27, 1M
(E) Payment ot Note Holder's Costa aDd ExpellHl
If the Note Holder has required me to pay immediately in full as described above, the Note Holder wUl have
Ihe riaht to be paid blli:k by me for all of its costs and expenses in enforcinl this Note to Ibe extent not prohibited by applicable
law. Those expenses in~lude, for example, reasonable attorneys' fees.
5. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note wil1 be given
by deliverina it or by maUingit by first class mail to me at the Propeny Address above or at a different address if I give the
Note Holder a notice of my different address.
Any notice that must be given to Ibe Note Holder under this Note will be given by mailinl it by first class mail to
the Note Holder at the address slated in Section 3(A) above or at a different addre~s if I am liven a notice of that differect
address.
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the proml.ses
made in this Note, including the promise 10 pay the fuil amount owed. Any person who is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who lakes over these obligations, including the obligations of
a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made In this Note. The Note Holder
may enforce its rights under this Note against each person Individually or against all of us together. This means that anyone
of us may be required to pay all of the amounts owed under this Note.
7, WAIVERS
I and any olber person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presenunent" means the right to require Ibe Note Holder to demand payment of amounts due. "Notice of dishonor" means
the right to require the Note Holder to give notice to other persons that amount, due have not been paid.
8. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations In some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mongage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same
date as this Note, protects the Note Holder from possible l05se~ which might result if I do not keep the promises which I make
in this Note. Thai Security Instrument describes how and under what conditions I may be required to make lrrtrnediate
payment in full of ail amounts I owe under this Note. Some of those conditions are described as follows:
Transter at the Property or a BeneftclaJ Interest In Borrower. If all or any part of the
Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold
or transferred and Borrower is not a natural person) wilbout Lender's prior written consent, Lender
may, at its option, require immediate payment In full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if uercise is prohibited by
federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from Ibe date the notice is delivered or mailed
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails
to pay these sums prior to tile expiration of this period, Lender may invoke any remedies permitted
~y tills Security Instrumenl without further notice or demand on Borrower.
WITNESS THE HAND AND SEAL OF THE UNDERSIGNED.
'~
_ ~ _ ~__(SeaJ)
Gordolll K. Banzhorr, Jr. rrower
{S/g" Or/g/MI Onlyl
1
.
, I . .
.. .
~fICATI01!.
I verify that the statements made in the foregoing Petition fOf Contempt and to EnforCe
Marital Settlement Agreement are true and correct,
I understand that false statements herein are made subject to the penalties of 18 PA C,S.
S 4904 relating to unsworn falsification to authorities.
Dated: ,,- O\~ - cl,\
'.
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GOrdOD K. OanzbolY, Jr"
24S N. 2!th Street
Camp IUD, PA 17011
September 20. 2004
Dear Kim:
For your cooperation and putting on hold the Petition filed against me, I'm willing
to transfer to you one-half of my ownership (200/0,) in the partnership ofBanzholf,
BanzhofT" Witkoski n. This is the partnership that owned the park at the end of the
Lewistown narrows that was taken by PeMdot. The case is being handled by Steve
Dzuranin ofWix, Wenger. " Weidner.
We're hoping for a settlement that would net the partnership around $300,000 on
the high side and 5200,000 on the low side.
If you will accept this and upon receipt of the proceeds of the 200/0, ownership, I
would then want the Petition dropped.
I'll need an answer by this weekend if at all possible.
Sincerely,
{;jOl
Gordy B~ft'
PUlHr.....
..."
,..,
.
, .
PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA
17102-2392
(717) 234-4178 - FAX 233-1149
June 4, 2004
Billed through 05/31/04
Bill number
B00925-28181-001 JR
Kimberly S. Banzhoff
632 Devon Road
Camp Hill, PA 17011
RE: Domestic
..........._a..._..u..q..._...-..............~..................
FOR PROFESSIONAL SERVICES RENDERED
04/03/04
04/08/04
04/08/04
04/08/04
04/09/04
04/20/04
04/20/04
04/20/04
04/27/04
04/30/04
05/02/04
Review of client file
Inter-Office Conference with Brian Tyler
Telephone conference with client
Telephone conference with client reo Deed
Telephone conference with Attorney Witsig
Telephone conference with client reo mortgage
foreclosure
Telephone conference with Attorney Hughes and
Canter re: loan documents
Telephone conference with client reo foreclosure;
loan documents, etc.
Telephone conference with Attorney re: mortgage
Telephone conference with client
Preparation of Preliminary Objections
Total Fees for this bill
5.25 hrs
COSTS AND EXPENSES
2.00 hra
.25 hrs
.25 hrs
.25 hrs
.25 hra
.25 hrs
.25 hrs
.25 hrs
.25 hrs
.25 hrs
1. 00 hrs
918.75
04/21/04 Cumberland Co Recorder of Deeds: Recording Fee 39.50
------------
Total Costs & Expenses for this bill $ 39.50
BILLING SUMMARY
John W. PUl'cell , Jr. 5.25 hrs 175 /hr 918. ")5
---.----........
TOTAL FEES FOR THIS BILL 5.25 hra $ 918.15
t',
L
I
/"
~
IXHlIrr
I~ I~ Q 1t!a
,
.
Kimberly S. Banzhoff
8ill number B00925-28181-001 JR
PAGB :I
TOTAL COSTS , EXPENSES FOR THIS BILL
TOTAL OF FEES, COSTS AND EXPENSES
. LESS TRUST ACCOUNT TRANSFER
TOTAL AMOUNT NOW DUE
BEGINNING TRUST ACCOUNT BALANCE
TRUST AMOUNT APPLIED TO THIS BILL
ENDING TRUST ACCOUNT BALANCE
$ 39.50
--------..--...
$ 958.:15
$ 500.00 CR
--......--------
$ 458.:15
$
$
$
500.00
500.00 CR
.00
,
I
.
K1lberly S. Banzhoff
Bill numbftr B00925"28181"002 JR
PAGE 2
.............
TOTAL OF FEES, COSTS AND EXPENSES
NET BALANCE OF ACCOUNT
TOTAL NIlUNT NOW DUE
TRUST ACCOUNT BALANCE $
S 1.356.25
$ 258.25
............
$ 1,614.50
.00
. ,
PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA
. 17102.2392
(717) 234-4178 . FAX 233.1149
October 13. 2004
Billed through 10/13/04
Bill number B00925.2B1B1-003 JR
Kimberly S, Banzhoff
632 Devon Road
Camp Hill. PA 17011
RE: Domestic
Account balance as of bill number 002 dated 08/04/04 $
Payments received since last bill (last payment 10/12/04) $
Net balance of account
$
FOR PROFESSIONAL SERVICES RENDERED
08/08/04 Forward Court Order to Defendant; forward copy to
client
09/07/04 Telephone conference with client: forward Note
with correspondence
09/24/04 Telephone conference with client re: request for
continuance
09/30/04 Telephone conference with client re: threats from
Defendant
09/30/04 Review of Court Order; forward copy to client
10/04/04 Office conference with client
10/06/04 Preparation of Hearing
10/11/04 Office cOllference with client
Total Fees for this bill
BILLING SUHHARY
John W. Purcell. Jr.
TOTAL FEES FOR THIS BILL
6.55 hrs
6,55 hrs 175 /hr
6.55 hrs $
1.614.50
300.00
....................
1.314.50
.35 hrs
.35 hrs
,25 hrs
.25 hrs
.35 hrs
1.00 hrs
2.50 hrs
1. 50 hrs
1.146.25
1.146.25
................
1.146.25
Premier Abstracts Unlimited, Inc.
. Ph"n.: 717.651,0022 f'Dx:717,545-6163
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"""ret"in..oo Ind 101011 'bo~.tdn.. n, .uty of tIl.
-AIlD--
ao__ x, JAII.IIOF. and I.UIlU.Y I,
f., '1",101
'h,'t 'ut,
1I1r1.t...,
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.uU.. of tIl. ..eo"d .ut. G,all_,
'!l'I'-.,...Io_Wa...oI .....nt"'-tvo tIlOllI.... lf7a,lI00.001 _ _ _
.. ... .. .. ... .. .. ... ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... .. ... ... ... ~
10 11oo4 ,..w. ... ...". .._ ~ ......, ........4... ~ ..w 0._ ~. .
....., .... ... -"' .. .. .14 0.._. '
AU. filA' CUUJII 1.t 01 land litultl in tbl "~ou", 01 <;up IU1,
Count7 of CUabo~l.nd IIId .t.t. of '.n""ylvlnil, ..~. p.~ticu111r17
bound.d and dl'o~ib.d al fOllow.. to-wit.
..GJ~INII at a point on tb. WI.tez1", lin. of the .izol.
at the l\O~th.rn In4 of Devon. lItO.d, at. the louthlJ'ly li.,. of lln..
now o~ lite of lul II. Eiobllbu,u .nO '.Po.otb", li.h.lbu.... hi.
wif., rblnol .outhvl~dly alon, .Iid ei~ole, by . OUIrY. to tIl.
11ft b.vin, I z.diu. .f SO f..t, .n .zo dilt.no. of ",.5 fl.t to
I point, rhen.1 11.n, the Wllt.rn lin. of Dovon AG.d, .outh ao
d.,r..., 50 .inQt.. ...t, 2S f'lt to . point, ~h'hG' .o~tb 73
d.cr..., 17 .inut.. V..t, 110n, the north.rn l1n. of Lot Mo. 11,
on the ~o..inlftl~ ..ntloned .1.n. a,a.ll Ilot to . point, Tbeae.
alon, h1l41 now o. late 01 n.'n r. aohi_l .nd IIn",nit. 8.
IchlaM.l, b,lI "it., borth 21 del"II'" JJ _,but.. V'lt, 1'0.11 f..~
to . poLnt' 'hlIleo b", 11040 now 01 fonu17 of .ul .n4 Po~otll7
Iloh.lb.z,o., .outll .J 011'"1". SO .illotll lilt. Ja.I,lS f..t to
tho plio. of UIIINNIIlO. .
. IIINII tb. ,relt.1 put 01 Lot NO, 17 ...4 . ...11 POltion
,of Lot 110. U. on the 'lan of Countl)' Club Bli,hto, 1.1.1 .1.n
beln, ~.oo~dld in the Offiee 0' tb. Beeo.d.1 of D.04a of cuabozl.a4
,County ~n 'lon aook ., '",e 70, " .uz..yod by D.'. aalf.n.par,."
II,htll:ed SUrvIYOI. Jun. 5, use,
BAVING th',.on .~ectld . bri.k .nd 11um>1IW1 ~..11in,
M~ "1 I,U Devon Ro~d.
. .
IIINO U. .... pl'l.i... which Martha a. H\I"llun.. .
Widow, 1,y h.r d.ld dat.ed A\l9\lI' 31.. l'la, .n4 ..lcordl4 in thl ofl.1c.
of the '.oord.. of Dlodl 01 CWIbI.l.nd Coonty. in DI.d I/OOk U-l.
'IV' ~lt, ,ranted Ift4 convlYlet \Into .i,~r4 Thol'lcI1n.so., and Zdda
2hor.tIJftsaon.. hi. w.1f.. Thi. ..1, 1. beln9 held pu....UUJl.t to 01'4.1'
of Ju17 U. lIU of aoben J. 11oo41101. Ind 'ylvie II. a..lbo, D..,
Dhtf1et Court Jud,. .ad PUUUIDt co th. Aloonded Or4.. of Se,u..h~ :U.
1914.
IRIS COlWlYAllCI: 1. blin9 ....011 IllId.r IlId aub:!."t. IIIV.,.-
th.l.l. to thl build1n, In4 us. ~I.t~iotlona .ppllo.bl. to alld
pro&1a," undl' inltzuaollts of p~iol leeor4, .nd .peeif1"'117 to
the buildin, I1nl, a. thovn On ..101 .11n IneS tho z.atz1"tiv. .~tiel"
'"..~ded in tho O'fic. afo~,".id in lIilo. look .1, pa,. J5'. exo.ptin,
howovn. tho.. "UO'1'"' if .ny, iapolint ",uiecioM "poa ..1. Olr
'OOO\lpucy on thl NIJ.. oj .ac., C'1'11d, or O~IC', ttI'Ilcb J.t 11 Ixprl..1r
1otllloll4 .han not be i.po..d or ..-l.posed her.by. 1'...1' tIIn ond.~ and
lu~j..\ to thl ri,bt. of th1~d paztlll. if In7, in . ao foot ILflp
alon, th. ....tedy UII. o. add property. ~~~ In .dd 'lan II . .
portly....ieated '0'.' ~ ~ _.... .. ~~,
.=iI'.. - 0.. ... _ c... ..
..,.. .... ..... 1..... I_ ~ ........ _ _..
... 'Il,._ '~ ~".,
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a:df. 3Q,aU 595
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IT' IS fIIlTIt!I ORDIIID AIIl) DICUb that the "nan.. ...
a.. .. Ie Ilara~, .ar.ina' " pA' ... f.UowS". .ua. f.... tha .rac....
a, the tS.. .f ..ttl'..nt;
I, . Aar r..l uta" couSuSOn 'u. .n'
." D, lro. the 'dlers It the ti..
01 I.ttl.'.nt'thro.!h G.or.. I.
Zia..I'II'., Jr.. lac,' ~4 an)' co.tll'okeri
~, An, tr.n.l.r tax Incl'.nt to .11. ..1.
.ttrSbut.bl. to th. ..ll.ral
An, pan 'u. nai ellat. t..... pro-".u'
until the ti.. 01 IIUh.ent;
An, rlCor.ln. '.u J 'otary I... '1\' '
inci'ent fu, at tll. 'i.. .f IIUlu,.., I
Th. .u. of Slxt.e, HUlldr.' Doll.r. to ~.
pal. ,. L."renea G. 'r.nt .. Tru.'..'.
coatl.1oni
. ,
Th. b'l.ac,"ue .a' o"ln. St.,. Capilli
Slvtn.. .n' LOin A..oelation on I'. flr.t
..rt.... On .al' pr.p.rt,;
Jr IS fIIlTHlR ORDIIID AHD taCR.rD th.t the .a'L. ..
c.
.,
..
I.
aloro..aU.... h Ir.. .n' ellar of th. fOllo"ln. lie.. .... eneuah..caa:
HORTGAGIS .
'., Icel.n' S,,'oo"Co'PO..tlon, ,ecor','
Janu.., lO. I'" In th. ',ount 01 TWILVI
THOU'AHD IIOHT-I!UHDRlD THIRTT-'OUR DOLLAAS
IICH/'Y'HIHI CINTS (UZ,1l4.,,) -....e tooot nl,
.... "', ollie. 01 R,cor'" of D.e', 10,
eu.b.rlan' Count" .....ylv.nS.; ,
.. Ic.lln' "".0' Corpo.otlon. retor'e' D.c.tbo.
1', 1'" tn the 1,0unt of SII-THOUSAMJ (1',000.00)
DO LARS, ..rt.... boot .341 .... 14', offlt. .f
tha R.co.... ., Dat" 10. cu.b.rl.n' C.unly,
'tnalyhanh;
C. le'la.' '.aloo' C.'..r.tion, roc','e' Sep'.aber
", 1.". la th. ..ou.t 01 T"RI!'THOUI~D (13.0....0)
DO LAU, .....a.,.,'''II, 131, P... II, Sa ,ia .flle.
.f tll. .c..... a' 0..., lor Cueb.'lo" Coua",
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In the Court of Common Pleas of CUMBERLAND County. Pennsylvania
DOMEST1C UUTIONS S&CTION
13 N. IIANOVI!Il ST, P.O. lOX 3:10, CARLlSlJl, PA. 170\3
Fax: (717) 140-6~
l'bone: (7l7) 140-6115
Plainliff Name:
Defendant Name:
Dockel Number:
PACSES Ctse Number:
Other Slale ID Number:
I'IIue .oW AU ramspaowlon<t all" IacJude lbe PACSES C... 1'1.......,
Income and Expense Statement
THIS FORM MUST BE FILLED OUT
(If yOU are self-employed or if yOU are salaried by a business of which yOU are owner in whole or part, yOU must
a1::o fin OUlthe Supplemental Income Stalement which appears on page twO of this income and expense
Slalement.) ~ J
INCOME STATEMENT OF QOIC:r.::l?1'o.\ Jt(. BA~L-)./tJ/~C:: '< It
./
Section I: Income .nd Insunnce
INCOME:
Employ"
Add..n
Type 01 Work
PayroU No. Gron Pay pcr PlY P.riod S
Pay Period (wily.. bl-wkly.. ...,1
IIcmizld Payroll DcdlKlwnl:
F.deral Wldllloldi.
Saalllncome TIl
Credil Union
Odlc. IJeducdo'" (lpCClty)
Local WI c Tn
Savi s Bonds
....1110 11IIU'....
S
S
S
S
S
S
S<<w.l Securil
Reurement
life Insun,,"
s
s
S
s
s
S
1'101 PlY Pc- Pay Period S
OTHER
INCOME
(FUI in A f riale Column}
WEEK MONTH YEAR
S S S
O.....n11lp .
PROPERTY
OWNED
DESCRlf nON
VALVE H W J
Chcckina Accounts
Sa'Vln.5 ACCDunCl
Credit Union
SlOChlBon,b
Rul ESIIU.
Odlc.
s
TOTAL
s
OllIff
001...
. 1I-IIU5band; W=WiCe; J.Joinl
TOTALINCOMI: S
DEFENDANT'S
EXHIBIT
Fllrm IN-008
Worker III
!erv;.;. Type
Income and Expense SWemenl
S<<tIon III: EXoeMa
PAesES ease NWl1ber
Illslruclioos: Only .how utraordilllry upel1.\eS ill this seclion ullless you filled OUI Seedoll n 011 ~ae cwo. The cllcaories
in BOLD FONT Ire npecially imporullt for ellculalina ehUd suppan. If you Ire requeSlinl SpoUSlI SupponlAPL or Ir
you use" your else CINIOI be delermined lecordina 10 the auideline arids or formula. Ibis section mUSI be fullyeompleltd,
WEEK MONTH
E. naa: I 1 Z. 8 ~
I veriljllhallha StalelMlIlS made in this Income lod E.peMC SIlllemell1 are lrue I
St1lemelllS herelll'ro subjeel'o the criminal penall;.. or 18 "', C.S, 14904, re
O"/~/A4-
(Fill in Approp"a,. Column)
EXPENSES
WEEK MONTH YEAR
Horna
IoIona.s./II<II' S S S
.......111"". t"d
...
I!JI<lric S S I#P I
au ~..,'"
011
T.It""".. .z~O
WI.' KP
$no" ..,,,
PIobIIcT.....-n. S S I
u,,,,,b
-1'...,
R..I .Jlall I I I
"nol1ll Propeny
Homeowner's I S ~} I
AucomobUe 2041
ur.
Af:cMSint
H...... sn
Odltr
Po....... I S I
F..I ZI;/I
ICD.if' I/O
Doctor I S I
_III
OnhodontiSl
ItGaDllal
M_....
IlipICloI -
~, ..a,
StlrVl'c Type
EXPENSES (flU in Approptlslt Columnl
(colllinucd) WEEK MONTH YEAR
PriYllla Sc_ S S S
........IllaISCMol
CoU.,. ijCO
R.U,,1ow
Clolhinl S S S" I
food ~P{)
Bartlerl '1.<'
Credit I'll.menu
Crtdil Card
CIIlIra.
M,mbtn/li., 11'-
Loan.'
Crtdil Union S S S
-
Mi"'e"'~'s
Ho....IIoIdIl.lp S S S
CIIIId ....
~pcnlDOOks
Entertllnm.nl Jb/}
Pay TV .4dJ
Vlcabon
Glib
lAlll ftes
~~.n~1t
",..; .,,;.
-=
Other
S S S
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION, LAW
94-6352 CIVIL
KIMBERL Y S. BANZHOFF,
Plaintiff
GORDON K. BANZHOFF, JR.,
Defendant
IN DIVORCE
AND NOW, this
OI!DER OF COURT
21] ~ day of September, 2004, upon consideration of the attached
letter from Defendant requesting a continuance of the hearing scheduled for October 14, 2004,'
and the court's calendar being unable to accommodate a rescheduled hearing for several months
thereafter, and the hearing having been scheduled since August 4, 2004, the request for a
continuance is denied.
BY THE COURT,
John W. Purcell, Jr., Esquire
1719 North Front Street
Harrisburg, PA 17102
Attorney for Plaintiff
Gordon K. Banzhoff. Jr.
245 N. 25th Street
Camp Hill. PA 17011
Defendant, Pro Se
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Plaintilr
IN THE COURT OF COMMON PLJ.:AS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
CIVIL ACTION - LAW
94-6352 CIVIL
GORDON K. BANZHOFfl, JR..
Defendant
IN DIVORCE
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AND NOW. this
ORDER OF COURT
2 '] tI.., day of September. 2004. upon consideration of the attached
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letter from Delendant requesting a continuance of the hearing scheduled for October 14,2004,
and the court' s calendar being unable to accommodate a rescheduled hearing for several months
thereafter. IIDd the hearing having been scheduled since August 4, 2004, the request for a
continuance is denied.
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1719 North Front Street
Harrisburg. PA 17102
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Calllp RUI. PA 17011
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The Honorable 1, Wesley Oler, lr.
I Court House Square
Carlisle, PA 17013
Re: Kimberly S. Banzhoft'v, Gordon K. Banzholf, lr
Dear ludge Oler:
At this point in time I'm not in a position to hire an attorney to defend myselfin
this case. My ex,wifc has made some very damaging accusations in her Petition and to
not have an attorney for my defense would be on the verge of insanity,
Will you please give me an extension on the date of this case to a time when 1 have
the money 10 hile an attorney?
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C:\OFFICElWPWINlWPDOCS\DOMESTIClMSA\banshoH ,msa, wpd
Novotlnbe, le:l1188
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~ day of NNtr"b. , 1998, by and
between KIMBERLY S. BANZHOFF of Camp Hill, Pennsylvania, (hereinafter "WIFE") and
GORDON K, BANZHOFF, JR, of Camp Hill, Pennsylvania, (hereinafter "HUSBAND ");
WIT N E SSE T H:
WHEREAS, the parties hereto were married on February 19, 1983, in Camp Hill,
Cumberland County, Pennsylvania; and
WHEREAS, the parties are the parents of three (3) children; Jaime Nicole, born on
January 6, 1977; Jennifer L,. born on August 19, 1983 and Kimberly K., born on November 16,
1984; and
WHEREAS, a divorce action was filed by WU'E on or about November, 1994, in the
Cumberland County Court of Common Pleas at 94-6352 CIVIL ACTION -LAW; and
WHEREAS, WIFE filed an amended complaint on November 5, 1997; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
including, but not limited to: the equitable distribution of the marital property; past, present
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
Page 1 of 14
C:IOFFICElWpwINlWPDOCSlOOMESTIClMS....lban.hOff,m...wpd
Novimber 13, 1M
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
1. ADVICE Of' COUNSEL.
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor,
Esquire. HUSBAND is represented by Michael Bangs, Esquire.
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure oftheir respective legal
rights and obligations or, if counsel has not been consulted, expressly waiving the right to
obtain such knowledge. The parties each acknowledge that this Agreement is fair and
equitable and is not the result of any fraud, coercion, duress, undue influence or collusion.
2, PIVORCE ACTION.
The parties acknowledge that their mal"riage is irretrievably broken and that they
shall secure a mutual consent no fault divorce pursuant to ~ 3301(.::) of the Divorce Code. The
parties agree to execute Affidavits of Consent for divorce and Waivers of Notice ofIntention to
Request Entry of a Divorce Decree concurrently with the execution of this Agreement.
Thilf Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that the terms
of this agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them and specifically referenced in the Divorce Decree, This Agreement shall not
merge with the divorce decree, but shall continue to have independent contractual significance.
Page 2 of 14
C:IOFFICElWPWINlWPDOC8\llOMESTIClMSAlllonlhoff.m...wpd
Nov,,",* 13, 1M
3. DATE OF EXECUTION.
The "date of execution" or "execution date" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have each executed the Agreement on
the same data. Otherwise, the "date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing this Agreement.
4. MVTUAL RELEASES.
Each party absolutely and unconditiollally releases the other and the estate ofthe
other from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors and estate from any claims arising by virtue of the marital relationship of the
parties. The above release shall be effective whether such claims arise by way of widow's or
widower's rights, family exemption, or under the intestate laws, or the right to take against
the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or
all other I'ights of a surviving spouse to participate in a deceased spouse's estattl, whether
arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United
States, or any other country.
Except for any cause of action for divorce which either party may have or claim
to have, each party gives to the other by the execution of this Agreement an absolute and
unconditional release from all claims whatsoever, in law or in equity which either party now
has against the other.
Pale 3 of 14
C:IOFFICElWPWINlWPDOC6\DOMESTICIMSAlbanlholf,m.I, wpd
No'IImblf Ie: 1M
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5. ~CIAL AND PROCf,:DUJL\L DISCLOSURE,
The parties confirm that each has relied on the accuracy oBhe financial disclosure
oBhe other as an inducement to the execution of this Agreement. Each party understands that
he/she had the right to obtain from the other party a complete inventory or list ofall property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have a right to have a court hold hearings and make decisions on the
matters covered by this Agreement. Both paries hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either party upon
the other or by any person or persons upon either party.
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6. SEPARATIONINON INTERFERENCE.
WIFE and HUSBAND m~y and shall, at all times hereafter, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all respects
as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her
may seem advisable, WIFE and HUSBAND shall not harass, disturb or malign each other or
the respective families of each other.
7. REAL PROPERTY.
The parties are the joint owners of real property located at 632 Devon Road, Camp
Hill, Pennsylvania 17011. This property is subject to the following liens:
(a) $100,000 to John & Teresa Moore ("Moore");
(b) $75,616 to MidPenn Bank, ("MidPenn"); and
(c) Approximately $3,000 to Pennsylvania Department of Revenue, ("PDR").
HUSBAND shall be solely responsible for the payment oBhe Moore, and MidPenn liens.
HUSBAND shall pay in full the MidPenn lien within sixty (60) days of the
Page 4 of 14
C:\oFFICElWPWIM\vPDOCSIDOMESTICIMSAlbansholf,m.a. wpd
November 13, 1888
execution of the Marital Settlement Agreement. HUSBAND shall pay the balance of the Moore
obligation and obtain a mortgage satisfaction piece no later than June 1, 1999, HUSBAND
agrees to execute a Judgement Promissory Note and a Mortgage of the property located at 20
Round Hill Road, Camp Hill, Pennsylvania in the amount of the outstanding Moore balance
concurrently with the execution of this Agreement. HUSBAND and WIFE agree to hfl equally
responsible for all Pennsylvania Department of Revenue taxes. Each party shall pay one,half
(1/2) the obligation directly to the PDR within sixty (60) days of the execution of this
Agreement. In the event that the amount is paid in full by either party, the paying party must
be reimbursed within thirty (30) days. WIFE shall be solely responsible for the Cumberland
County Real Estate taxes.
At the time of execution ofthis Agreement, HUSBAND shall transfer his right, title and
interest in the Devon Road property to WIFE. HUSBAND agrees to execute a deed prepared
by WIFE's counsel effectuating such transfer concurrer,tly with the execution of this
Agreement. The deed shall be held in escrow pending the final payment of the Moore liens as
outlined above.
HUSBAND is the owner of property located at 20 Round Hill Road, Camp Hill,
Cumberland County, Pennsylvania, 17011, which was purchased post separation. WIFE
hereby waives any right, title and interest in said real property except as outlined herein,
8. CASH PAYMENT,
Concurrently with the execution of this Agreement, HUSBAND shall pay to WIFE
the sum of $40,000. WIFE acknowledges receipt of $7,985. Thereafter, HUSBAND shall
adhere to the following payment plan:
(1.) $5,000 payable to WIFE on December 1, 1999;
(2,) $5,000 payable to WIFE on December 1,2000; and
(3.) $5,000 payable to WIFE on December 1, 2001.
Page 5 of 14
C:\oFFICElWPWINlWPDOCSIOOMESTIClMSAlbanll1olf.msa. wpd
NOWmber 18: '898
HUSBAND agrees that the $15,000 future payments will be secured by a
Promissory Note secured by a Mortgage against HUSBAND's real property located at 20 Round
Hill Road, Camp Hill, Pennsylvania, 17011. HUSBAND agrees to execute and deliver to
WIFE, concurrently with the execution of this Agreement, a Judgement Promissory Note and
a Mortgage in a form of acceptable to WIFE's counsel in the amount of $15,000,
9. HEALTH I~SURAN..Q&.
HUSBAND agrees to pay for all health insurance coverage for the minor children,
Jennifer and Kimberly, including all medical, dental and eye coverage and HUSBAND further
agrees to be solely responsible for all un reimbursed medical, psychological, dental, orthodontic
or eye expenses. Beginning December 1, 1998, and continuing until December 1, 2004,
HUSBAND shall assume the full cost of health insurance for WIFE, said health insurance to
be the same coverage as HUSBAND is currently carrying on himself.
10, COl,.LEGE EDUCATION.
The parties daughter, Jaime, has incurred an outstanding obligation to Penn
State for her college education. WIFE hereby agrees to assume responsibility for said
obligation, HUSBAND hereby agrees to be solely responsible for the post-high school
education expenses of the minor children, Jennifer and Kimberly, which will include all
expenses associated with tuition, room, board and purchase of books, until they reach their
twenty-third (23'd) birthday.
This financial obligation is deemed reasonable and in the best interests of the
children due to the current financial status of the parties. WIFE's acceptance of this
Agreement is specifically conditioned on the inclusion of this provision, WIFE has no
additional obligation for the payment of post-high school education expenses other than those
obligations indicated in this Agreement.
Page 6 of 14
C:IOFFICElWPWIMWPOOCB\DOMESTIClMSA'bInIhoH,m..,wpd
NoveInW 13: 1M
11. DEBTB.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which WIFE or her
estate might be responsible, and he shall indemnify and save WIFE harmless from any and all
claims or dllmands made against her by reason of such debts or obligations incurred by him
since the date of said separation, except as otherwise set forth herein.
WIFE represents and warrants to HUSBAND that, since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which HUSBAND
or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from
any and all claims or demands made against him by reason of such debts or obligations
incurred by her since the date of said separation, except as otherwise set forth herein.
12. BU~~S$.
A. HUSBAND is the owner of the following real property, in partnership with
his father:
(a) Scoita/Shawnee, Corry, PA;
(b) Sandy Hill, Butler, PA;
(c) Parsons; and
(d) Mahoning Manor.
B. HUSBAND is also an owner of the following mobile home parks:
(a) Pinetree, 50% ownership;
(b) Riverview, 50% ownership; and
(c) Edgewater, 40% ownership.
WIFE upon execution of this Agreement, shall receive from HUSBAND a ten(lO%)
percent ownership interest in HUSBAND's share of the partnership pl'operties as identified
in subparagraph (A)(a)-(d). wln~ shall receive from her interest in these partnership
properties either $1,500 per month or ten(lO%) percent of the HUSBAND's partnership
distribution, whichever is greater. Howevllr, WIFE shall waive any entitlement to receipt of
Page 7 of 14
C'\OFFICE\WPWINlW POOCS\OOMEBTIClMSA'banlhoff.m.a, wpd
November 1 e: , vse
any income from the partnership properties until HUSBAND's personal obligations to Dr,
Gordon BanzholT are paid in full or until December 1, 2004, whichever shall first occur.
HUSBAND agrees that the obligation to Dr. BanzhotT is in the amount of $438,000 and that
the repayment of this debt shall be made in a timely and regular fashion.
As of the date hereof, HUSBAND shall not, without the prior written consent of
WIFE, which shall not be unreasonably withheld, conditioned or delayed, perform any of the
following acts:
(a.) Vote his interest in the Partnerships in such a manner that would limit
HUSBAND's Partnership Distribution in any material way unless such
limitation is commercially t"easonable under the circumstances; or
(b.) Vote his interest in the Partnerships in favor of modifying the tenns of the
Partnerships' financing in a manner that would materially impair or limit
HUSBAND's Partnership Di3tribution unless such limitation is
commercially reasonable under the circumstances.
WIFE shall receive full financial accounting of the business operation, including
but not limited to; all financial statements as they are proposed, tax returns when filed, income
and cash flow statements when prepared. WIFE shall also receive annually a full accounting
of the obligation to Doctor BanzhotT as well as the payments made against such obligation.
WIFE shall bear no financial responsibility for the repayment of any and all
obligations against the businesses or the property including HUSBAND's personal obligation
to his father, Dr. BanzholT, and HUSBAND shall indemnify and hold WIFE harmless from said
obligation.
The payments as described herein shall continue to WIFE until such time as
HUSBAND's interest in the partnership properties are transferred or the partnerships are
dissolved. Upon the happening of either event, HUSBAND shall pay to WIFE, within ten (10)
Page 8 of 14
C:IOFFICE\WPWINlWPOOCSIOOMESTIClMSA'Qansho",maa. wpd
Nowmbe, 16', 1986
days of the transference or dissolution ofthe partnerships, ten (10%) percent of HUSBAND's
net proceeds from said transference or dissolution (after deducting ordinary and customary
closing expenses).
The parties acknowledge that the provisions of Paragraph #12 of this Agreement may
violate portions of a certain loan agreement entered into by the partnerships on or about
October 3, 1997, with Nomura Asset Capital Corporation, said loan having an original
principal balance of Three Million Two Hundred Forty Thousand ($3,240,000,00) Dollars. In
the event that the partnerships receive notice that Nomura is declaring a default under the
terms of the loan agreement as a result of the provisions contained in this paragraph, this
portion of the Agreement between the parties shall automatically terminate and be of no
further force and effect. Upon the happening of such an event, HUSBAND agrees to pay to
WIFE alimony, in an amount of $1,5000.00 per month, or ten (10%) percent of HUSBAND's
partnership distribution, whichever sum is greater. In no event shall these payments
commence earlier than the satisfaction of all personal obligations of Dr. Gordon Banzhoff or
December 1, 2004, whichever occurs first. These payments shall continue until such time as
HUSBAND dissolves the partnerships or transfers his interest in the partnerships, Upon the
dissolution or transference of his partnership interest, HUSBAND shall pay to WIFE an
amount equal to ten (10%) percent of the net proceeds from such sale or distribution (after
deducting ordinary and customary closing expenses) as a lump sum alimony payment.
13. BANKRUPTCY
In the event that HUSBAND files for bankruptcy within six (6) years of the date
of this Agreement, this Agreement shall c()nstitute conclusive evidence of the parties intent
that the obligation in paragraph IH4, in the nature of support and maintenance and is not
discharged in bankruptcy under the current bankruptcy law or any amendment thereto.
Further, if HUSBAND institutes an action in bankruptcy or any other bankruptcy proceeding
is instituted in which WIFE's right for alimony becomes a matter for judicial review,
HUSBAND agrees to any motion filed by WIFE with the bankruptcy court requesting that the
Page 9 01' 14
C:\OFFICE\~PWINlWPDOCSIDOMEISTIClMSA\ben.hoff,m.., wpd
N~""btr 1~, 1888
bankruptcy court abstain from deciding the dischargeability of this alimony obligation and any
other obligations due hereunder in order to allow the Cumberland County Court of Common
Pleas to rule on the issue, If for any reason, HUSBAND is successful in having /lny obligation
contained in this Agreement discharged in bankruptcy or if any payments made to WIFE in
alimony or in lieu of property settlement are deemed a preference by a court of competent
jurisdiction in bankruptcy, then the parties agree that this Agreement shall be null and void
as a resolution of WIFE's pending economic claims in the divorce action filed in the
Cumberland County Court of Common PI,eas including WIFE's claims for equitable
distribution, alimony pendente lite, alimony, counsel fees and costs or any other matter raised
by WIFE as a party in the enforced action, Any relief of HUSBAND's other obligations arising
out of the marriage shall alllo be null and void. With the effective date that the HUSBAND's
obligations cease due to bankruptcy discharge or the effective date of any order requiring
repayment of alimony by WIFE is a preference in bankruptcy, WIFE shall have the right to
prosecute the right to her economic claims in the divorce action as if this Agreement had not
been entered and any order of support shall be effective retroactive to the date of discharge or
date of receipt of any payment WIFE is required to repay.
, ,
14. SUPPORT
HUSBAND shall pay WIFE support beginning the month following the execution
of the Marital Settlement Agreement and continuing for six (6) years. Said payments shall be
made through the Domestic Relations Office of Cumberland County. For purposes of
allocation, the parties will exchange infonnation regarding gross income November 1st of each
year. Child support will be determined by the support guidelines. The remainder of the
support payments will be allocated as alimony.
The support payments will be as follows:
(a,) November 1, 1998. NovElmber 1, 1999:
$700 as Child Support, $300 as Alimony;
(b) November 1, 1999. November 1,2000:
$1,000 per month,
$1,100 per month;
Page 10 of 14
C;\OfFICEly/PWINlWPOOCS\OOMESTIClMSAlbanlhoH,maa,wpd
NoVember 18, Ieee
(C) November I, 2000 - November I, 2001:
(d) November 1, 2001 - November 1, 2004:
$1,200 per month;
$ 1,300 per month.
The alimony portion shall be determined by the above calculation. Alimony may
not be modified except by the above calculation and alimony and child support must be
equivalent to the payments herein described. Alimony shall not terminate upon the
remarriage, cohabitation or death of WIFE or death of HUSBAND.
Payment of this support obligation will be secured by the purchase of a term life
insurance policy on HUSBAND. Said policy will have a face amount of $75,000 and will name
WIFE as the irrevocable beneficiary. This policy shall be maintained until all obligation for
support hereunder have been satisfied. HUSBAND shall provide WIFE proof of insurance on
the date of execution of the Marital Settlement Agreement and annually thereafter.
The parties agree that the portion of these payments allocated as alimony shall
be taxable to WIFE and deductible by HUSBAND. The parties further stipulate and agree
that said alimony payments are necessary for the support and maintenance of WIFE and
without the aforesaid alimony, WIFE will not have sufficient income to maintain herself and
provide for the support of the minor children.
15. ATTORNt:Y F'EES. COURT COST~.
Each party hereby agrees to be solely responsible for his or her own counsel fees,
costs and expenses. Neither shall seek any contribution theretc from the other party except
as otherwise expressly provided herein.
16. WAIVER OF RIOaTS.
Both parties hereby waive the following procedural rights:
(a) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
Page 11 of 14
C:\OFFICE\WPWIN\WPOOCSIDOMI!STIC\MSA~ahoII,m...wpd
Nowmberl:J, 1_
(b) The right to obtain an income and expense statement of
either party;
(c) The right to have all property identified and appraised;
(d) The right to discovery as provided by the Pennsylvania
Rules of Civil Procedure;
(e) The right to have the court make all determinations
regarding marital and non-marital property, equitable
distribution, spousal support, alimony pendente lite,
alimony, counsel fees and costs and expenses.
17. MllTUi'\L COOPERATION,
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents.
18. VOID CLAUSES.
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement, and in all other respects this Agreement shall
be valid and continue in full force, effect and operation.
19. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
20, ATrORNEYS' FEES FOR ENFORCEMENT,
In the event that either party breaches any provision of this Agreement and the
other party retains counsel to assist in enforcing the terms thereof, the breaching party will
pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs,
if applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Page 12 of 14
C:\oFFICElWPWINIWPDOCSIDOMESTIClMSAIbanIholf,m... wpd
_ber 1:1, 189S
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the
obligation of any and all costs, expenses and reasonable counsel fees incurred by the
non breaching party in protecting and enforcing his or her rights under this Agreement.
21. ENTIRE AGRJ;EMENT.
This Agreement contains the entire understanding of the parties, and there are
no representations, warranties, covenants or undertakings other than those expressly set forth
herein.
22. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
\ This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
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'1 acknowledge the receipt of a duly executed copy hereof.
Witness
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C;\OFFICElWPWINlWPOOCSIDOMESTICWSA,""IhoII,mll, wpd
Nollllfll!le, 13, 1M
COMMONWEALTH OF PENNSYLVANIA
: SS,
COUNTY OF CUMBERLAND
On the _ /~ 'f.{ day of j 1(Jv..€'ll..b-uJ , 1998, before me, a Notary Public
in and for the Commonwealth of Penn sylvania, the undersigned officer, personally appeared
Kimberly S. Banzhoft known to me (or satisfactorily proven) to be one of the pllrties
executing the foregoing instrument, and she acknowledges the foregoing instrument to be her
free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and
year first above written.
,~d'L 7 J{. !lam /)4>,0
Notary Public
mmission Expires:
Undo M HNotanal S""'
cll!'Il> HlU'So "'""""'. ~jo'orv PUblic
My COm~' Cuonbt,'rl :no COUI1!y
ElfPlrtl!'i hJb ~fi, 2(1),
IItmb8r, A1nllli)'lvanUt AsSOtAiJfJc;l ur NeLmw
COMMONWEALTH OF PENNSYLVANIA
".
COUNTY OF ( ~111\\JllliUi j
III/PI ~ \1' '( I \ I ./
On the j day of i:~' \ I ~ I , 199.L' before me, a Notary Public in and for
the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Gordon
K. Banzhoft, Jr., known to me (or satisfactorily proven) to be one of the parties executing the
foregoing instrument, and he acknowledges the foregoing instrument to be his free act IInd
deed.
:SS.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and
year first above written.
ILylllt!, II I 'jUltrJ
Notary Pu~lic
My Commission Expires:
NOWAIIM IIAI.
WIfOO\' .. QtNIQ. NIllIIr ......
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KIMBERLY S. BANZHOFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
va,
: NO. 94-6362
GORDON K, BANZHOFF, JR.,
Defendant : CIVIL ACTION,LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this -.!::l1L day of August, 2004, upon consideration of the foregoing
Petition for Contempt and to Enforce Marital Settlement Agreement, a hearing is
scheduled in the above matter on the / '1a day of (Tt'~ ,2004,
Cowtroom No.-1-, at $JJ. ..A,.M" Cumberland County Cowthouse, Carlisle, PA.
~
BY THE COURT,
J.
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Distribution: ).;' : '; )
John W. Purcell, Jr., 1719 North Front Street, Harrisburg, PA 17102, Atty. for Plaintiff
MM18d11.. Bltjloa, <Ie" 8. 18'" 9tf.elltl'$a..a, .. t')t!! 70 11, /o...y, lv. lM611daM",
. >?~dto-rv If, ~M1~ 2' - ? 'l 5" . Y/. ...l. !i -rI- 4. I (~1'f IY-L-U I r/;' 17" IJ
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY S. BANZHOFF
vs,
: NO. 94.6362
GORDON K. BANZHOFF, JR.,
Defendant
: CIVIL ACTION.LAW
: IN DIVORCE
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PETITION FOR CONTEMPT AND TO
ENFORCE MARITAL SETTLEMENT AGREEME~T
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AND NOW. comes the Plaintiff Kimberly S. Banzhoff, by her attorneys, Purcell, Krug 81
Haller, who avers the following:
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1. The Petitioner is Kimberly S, Banzhoff, an adult individual residing at 632 Devon
Road, Camp Hill, Cumberland County, Pennsylvania 17011.
2, The Respondent is Gordon K. Banzhoff. Jr., an adult individual residing at 245
North 25th Street, Camp Hill. Cumberland County, Pennsylvania 17011.
3. The parties are former Husband and Wife who prior to the entry of the divorce.
entered into a Marital Settlement Agreement dated November 16, 1998, which Marital
Settlement Agreement was incorporated, but not merged into the Divorce Decree which was
entered by this Court on December 8, 1998, A copy of the Decree and the Marital Settlement
Agreement are attached hereto as Exhibit "AU,
4, Pursuant to the terms of the Marital Settlement Agreement, the Respondent was
required to do a number of things, which he has failed to do either wholly or completely,
.
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COUNT 1
Marital Home Foreclolur.
5, Pursuant to the Marital Settlement Agreement, Paragraph 7, in return for
relinquishing her interest in other assets, Petitioner was to receive title to the marital home
located at 632 Devon Road, Csmp Hill, Cumberland County, Pennsylvania.
6. At the time, the real estate was encumbered by various liens relating to the
Respondent's business as set forth therein.
7. Respondent was to be solely responsible for the payment of the lien to John and
Teresa Moore, and the payment to MidPenn Bank, all within 6 months of the execution of the
Marital Settlement Agreement.
8. Respondent failed to pay both debts within the time allotted.
9. As a result thereof, MidPenn Sank commenced collection and foreclolllure
proceedings against the reai estate which was to be the sole property of Petitioner.
10, After previous Motions to Enforce, and hearings before this Court, Respondent
eventually satisfied MidPenn Sank causing the foreclosure action to be satisfied and
withdrawn, but not until after Petitioner was forced to incur attorney's fees defending
herself, and attempting to enforce that provision of the
Agreement.
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11, With regard to the $100,000.00 lien to John and Teresa Moore, to this date,
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Petitioner has failed and/or refused to satisfy in full the debt.
12. On or about AprilS, 2004, John and Teresa Moors filed a Complaint in Mortgage
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Foreclo.ure against both parties, which action is filed in the Court of Common Pleae of
Cumberland County to No. 04.1614 Civil Tenn. A copy of the Complaint is attached hereto
and mads a part hereof as Exhibit "B".
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13, In order to protect her home and her source of income (Petitioner maintains a day
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care business in her home), Petitioner was forced to hire counsel to defend herself against
the aforementioned Mortgage Foreclosure.
14. The Respondent has made no effort to deflect or otherwise satisfy the action
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brought by the Moores since the matter was filed of record, despite his actual notice of the
eame.
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15. The PetitIOner has filed Preliminary Objections to the Moore'a Complaint which
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are presently peneling before the Court,
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16. The Respondent is in violation of Paragraph 7 of the Marital Settlement
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Agreement for the reasons set forth above,
17. 10 order to secure the payment to the Moores, pUlSuant to Paragraph 7 of the
Agreement, Respondent executed a Note io favor of the Petitioner in the amount of
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$100,000.00, which Note became due and payable on June 1, 1999, A copy of said Note is
attached hereto and made a part hereof as Exhibit "C",
1~, Pureuant to Paragraph 4 of the aforementioned Note, In the event that the
payment of $100,000.00 wae not made by June 1, 1999, Respondent would be liable to the
Petitioner for a 5 percent late fee, or $5,000.00 by reason of hie default, In addition to
$100,000,00 principal payment, for a total of $105,000,00,
COUNT D
Cuh Dl8trlbutlon
19. Pureuant to Paragraph 8 of the Marital Settlement Agreement, Reepondent wae to
pay the sum of $15,000.00 In cash, by tluee different dates in accordance with the payment
plan set fonh therein.
20, Whlle the Respondent has made the first two payments, Respondent has failed to
make the third payment of $5,000.00 to Wife which was due on December 1, 2001.
21. In order to secwe his payments therein, Respondent executod a Note dated
November 16, 1998, a copy of which is atteched hereto as Exhibit "0". Pursuant to said
Note, in the event that any payments were not made within 15 calendar days ot the date
due. Respondent I/Igreed to pay a late charge of 5 percent of the paymsnt of principal and
interel1.
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22. Said Note does not contain a provision for interest, however, by reason ofthe
R..pondent's default, Petitioner is entitled to the sum of $260.00 as late payment for a total
amount of $6,260.00 owed to Petitioner by Reepondent pursuant to Paragraph 8 of the
Marital Settlement Agreement.
COUNT m
Health Inlurance
23. Pureuant to Paragraph 9 of the Marital Settlement Agreement, Reepondent wal
required to maintain health Insurance coverage for his minor children Jennifer and Kimberly,
and to continue medical insurance for the Petitioner between December 1,1998 and
December 1,2004, said health insurance to be the same coverage which the Petitioner was
carrying on himself.
24, At some point in time bptween December 1, 1998 and October 2001, Respondent
stopped covering Petitioner so that the Petitioner had no health coverage, and she has not
had health coverage to this date.
26. The Respondent is in violation to Paragraph 9 of the Marital Settlement
Agreement.
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COUNT IV
ColleGe Education
26. Purauent to Paragraph 10 of the Marital Settlement Agreement, Respondent
agreed to be reaponsible for certain aspects relating to his children's college education.
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27. During calendar year 2002, Respondent failed to pay tuition for hi. daughter
Jennl1er in thelUl10unt of $612.09. Respondent also forced his daughter to obtain loans for
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her to attend Harrisburg Area Community College, which he agreed to repay, and haa not, in
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the amount of $1,508.00.
28. During calendar year 2003, Respondent failed to pay a COllege tuition loan for hi.
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daughter Jennifer in the 1Ul10unt of $560.00. He also wrote two bad checks to Central Penn
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College for which his daughter remains liable, in the amount of $1,463.18.
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29. As a result of her father's lack of support, Jennifer has given up all attempts to
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obtain. college education.
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30. The panies' daughter Kimberly is presently attending college, St. Joseph'.
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University, for which Petitioner was required to obtain a loan in the amount of $15,000.00
which over the life of the loan will cost the Petitioner $21,330.00.
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31, For Kimberly's sophomore year, Respondent attempted to fraudulently obtain a
Sallie Mile school loan, using his father's social security number. When Petitioner discovered
the fraud, she obtained a loan in her own name, in the amount of $17,000.00, which will cost
her approximately $24,000.00 over the life of the loan,
32, His daughter, Kimberly has also obtained personal loans in her own name in the
amount of $11,000,00, for which the Respondent is contractually liable for under the parties'
Maritai Settlement Agreement
33. Additionally, further funds will be needed for three more years of KirnlJerly's
ongoing education, as she is in a five year program.
34. The Respondent is in violation of the Agreement regarding college E1ducation,
COUNT V
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36. Pursuant to Paragraph 11 of the Marital Settlement Agreement, the Respondent
has wananted that he has not, and in the future will not, contract or incur any debt or
liability for which Petitioner might be responsible.
36. Pursuant to Paragraph 7 of the Marital Settlement Agreement, the Deed
transfening the real estate located at 632 Devon Road, Camp Hill, was to be held in es,row
pending the final payment of the Moore lien.
7
37. Since the payment was never made, the Deed has been held in escrow until
recently whsn it was filed of record despite Respondent's failure to make the payment of the
Moore lien.
38. Between 1998 and the filing of the Deed. Respondent has allowed numerous
other personal debts of his to be reduced to judgment and encumber the home to be
transferred to Petitioner.
39, Plaintiffs debts operate as liens against the real estate for which Respondent baa
agreed to indemnify and save Wife harmless for pursuant to Paragraph 11 of the Marital
Settlement Agreement.
COUNT VI
SUDDOrt
40. Pursuant to Paragraph 14 of the Marital Settlement Agreement. Respondent was
to pay support to Wife between November 1.1998 and November 1, 2004,.,
41. Said support was deemed. to be alimony and child support with appor1lionment to
be made in accordance with child support guidelines.
42. During calendar Yllar 2002, Respondent has failed to pay child support/alimony In
the amount of $900.00.
8
43. During calendar year 2003, Respondent has failed to make child support/alimony
payments to Petitioner in the amount of $11,780.00.
44. During calendar year 2004, through August of 2004, Respondent has failed to
make paymenta to Petitioner in the amount of $1,300.00 a month for eight months for a total
amount $10,400.00, with a continuing obligation to make payments ot $1,300,00 per month
through November 1, 2004 in an additional amount totaling $3,900.00,
45, 'lbe Respondent is in violation of Paragraph 14 of the Marital Settlement
Agreement.
COUNT vn
Real Estate Pannenhl~
48. Pursuant to Paragraph 12 of the Marital Settlement Agreement, Husband was to
pay Wife a portion of his interest in certain partnershipe identified in Paragrsllh 12 at the
rate of $1,500.00 per month or 10 percent of Husband's partnership distribution whichever Is
greater,
47. Because of the Respondent's wholly confusing financial affairs, Petitioner is
unable to ascertain when and if she is able to receive the payments required to be paid
under Paragraph 12 of the Marital Settlement Agreement, and request the Court to order the
Respondent to prepare an accounting of all assets contemplated by paragraph 12 so that
payments to Petitionsr can be liquidated.
9
COUNT vm
Couna.l .....
48, Pur.uant to Pllagraph 20 of the Marital Settlement Agreement, Re.pondent
agreed that if either pany breaches any provision of the Agreement and the other party
retaine counsel to assist in enforcing the terme thereof, the breaching party will pay all
rea.onahle attorney's fees, COUll costs and expenses incurred In enforcing the Agreement,
or In protecting and enforcing his or her rights under ths Agreement.
49. The Respondent has violated the Agreement as set forth above,
60. The Petitioner has been forced to obtain counsel to represent her in prior
contempt proclledlngs. in prior foreclosure proceedings, and In the current foreclolUle
proceeding brought by John and Terosa Moore. To date. Petitioner believes that she has
Incurred attorney's fees In an amount in excess of $5,000.00, which attorney's fees lie
continuing and increasing.
51. The Petitioner i. entitled to have an of her attorney's fees reimbur.ed by
Re,pondent.
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58. This COUlt has the power, pursuant to 23 Pa, C.S,A. 83502 (e), when a party has
tailed to comply with an Order of Equitable Distribution or with the terms ot an Agreement
entered into between the parties, to do the following:
A. Enter judgment
B. Authorize the taking and eeizure ot goods and chattels and colllilctlon ot rent. and
profits
C. Award Interest on unpaid Installments
D. Order and direct the transfer or sale of any property
E. Require security to insure future payments
F. Issue attachment proceedings
G. Award Counsel tees and costs
H. Attach wages, or
I. Find the party in contempt,
WHEREFORE, the Petitioner requests this Honorable Court to exercise allot its
powers set forth in 23 Pa. C.S.A. 83502(e). and the Equitable powers granted by the Divorce
Code, in order to protect the rights ot the Petitioner and enforce the Agreement of the parties
incorporeted into the Divorce Decree dated December 8,1998, including, but not limited to
the following:
A. Enter Judgment against the Respondent; and
B. Fix the amount ot child support and alimony arreus, and reter the amoWlt to
Dome81lc Relations tor coilection; and
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,CERTIFICATE OF BERVlCI,i
I, John W. Purcell, Jr" Attorney for the Plaintiff Kimberly Banzhoff, hereby certifies
that a true and correct copy of the foregoing was served on the Defendant by forwarding
said copy to his attorney at the following address, by first class U,S. Mail on July 29, 2004:
Michael L, Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
>OlV-X<<l' "'*'~'lC':>llIX'.~.;( .-:CVXIli}'" l.:COlllX>le<'le< .It},'.lIC'. >:-.'C>llIXl'aC>le<:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '*' PENNA,
N o. .....~.~.~.~........... ..................19 94
V~rslls
Gordon K, Banzhoff, Jr.
DECREE IN
DIVORCE
at 5:25 P,M,
AND NOW. . , . . . . .Qec;~ .8.., . . . . . . . .. ., 19.98".. It Is ordered and
decreed that, . . ,. ~~~~~:~r.~:. ~~~~~?~~.. , . ..,..,......,..,.. ". plaintiff.
and. .. . .Go.rd.o.n. ,~'. .B~".z.~~f.~,. ,J.x:..... .. , ., '" ......,.., ....,. . .. defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which 0 final order has not yet
been entered;
.. .N.o.n...... T.h.e, .Ma.r.lt.a,:. s,e,t.t,~~m~n~ .Agr:~~",~,,~ ,~'1~~\l~~<I."lI.tl). .Jlllttiu .ou.llov.lJb.r
.1.9.9.8... .i.s. .i.",e.o.r,p.o.r,at,.d, .I\e,r,e.~l\,. .~q~ .sIJIIU .IlQt .b. .1Q.~ged .into ,lIaid .deeraa,...
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Dy The Court:
/9LGeor~..f,:.Hot'!eX'............. ......................
Alles': Curtis R. Long, Prothonotary P, J,
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C:\OFFIC~WPWINlWPOOCS\OOMESTIC\MSA\b.n.hoH .m.., wpd
Novlmber , 6. 1996
MARrrAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this /~."" day of )J()Je.~ ,1998, by and
between KIMBERLY S, BANZHOFF of Camp Hill, Pennsylvania, (hereinafter "WIFE") and
GORDON K. BANZIIOFF, JR. of Camp Hill, Pennsylvania, (hereinafter "HUSBAND ");
WI TN E S SETH:
WHEREAS, the parties hereto were married on February 19, 1983, in Camp Hill,
Cumberland County, Pennsylvania; and
WHEREAS, the parties are the parents of three (3) children; Jaime Nicole, born on
January 6, 1977; Jennifer L., born on August 19, 1983 and Kimberly K., born on November 16,
1984; and
WHEREAS, a divorce action was filed by WIFE on or about November, 1994, in the
Cumberland County Court of Common Pleas at 94-6352 CIVIL ACTION -LAW; and
WHEREAS, WIFE filed an amended complaint on November 5,1997; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
including, but not limited to: the equitable distribution of the marital property; past, present
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
Page 1 of 14
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C:\OFFICE\WPWIN\WPOOCS\OOMESTIC\MSA\b.nsho~ ,mI., wpd
~r13, Ieee
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
1. ADVICE OF COUNSEL.
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor,
Esquire. HUSBAND is represented by Michael Bangs, Esquire,
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their respective legal
rights and obligations or, if counsel has not been consulted, expressly waiving the right to
obtain such knowledge. The parties each acknowledge that this Agreement is fair and
equitable and is not the result of any fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they
shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code. The
parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to
Request Entry of a Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that the terms
of this agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them and specifically referenced in the Divorce Decree. This Agreement shall not
merge with the divorce decree, but shall continue to have independent contractual significance.
Page 2 of ]4
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C:VJf'FICf:lWF'WINlWPOOCS\DOMESTIClMSAlbanlhoH.msl,wpd
Novamber 13. 1M
3. DATE OF EXECUT.lQ1i.
The "date of execution" or "execution date" of this Agreement shall be defined as
the date upon which it itJ executed by the parties if they have each executed the Agreement on
the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing this Agreement.
4. MJ.!l'UAL RELEASES.
Each party absolutely and unconditionally ruleases the other and the estate of the
other from any and all rights and obligations which eitheI may have for past, present, or future
obligations, arising out of the marital relationship or otherwi~e, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein,
Each party absolutely and unconditionally releases the other and his or her heirs,
executors and estate from any claims arising by virtue of the marital relationship of the
parties. The above release shall be effective whether such claims arise by way of widow's or
widower's rights, family exemption, or under the intestate laws, or the right to take against
the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or
all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United
States, or any other country,
Except for any cause of action for divorce which either party may have or claim
to have, each party gives to the other by the execution of this Agreement an absolute and
unconditional release from all claims whatsoever, in law or in equity which either party now
has against the other.
Page 3 of 14
C:IOFFICE:,WPWINlWPOOCSlOOMf,STICWS,l,lbanlholt.m..,wpd
Novlmber , e, , gee
5. [Jrol~CIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the tinancial disclosure
of the other as an inducement to the execution of this Agreement. Each party understands that
he/::!he had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by moans of appraisals or otherwise. Both parties
understand that they have a right to have a court hold hearings and make decisions on the
matters covered by this Agreement. Both paries hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either party upon
the other or by any person or persons upon either party.
6. SEPARATJONINON INTERFERENCE,
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all respects
as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her
may seem advisable, WIFE and HUSBAND shall not harass, disturb or malign each other or
the respective families of each other.
7. REAL PltOPERIT.
The parties are the joint owners of real property located at 632 Devon Road, Camp
Hill, Pennsylvania 17011. This property is subject to the following liens:
(a) $100,000 to John & Teresa Moore ("Moore");
(b) $75,616 to MidPenn Bank, ("MidPenn"); and
(c) Approximately $3,000 to Pennsylvania Department of Revenue, ("PDR").
HUSBAND shall be solely responsible for the payment of the Moore, and MidPenn liens.
HUSBAND shall pay in full the MidPenn lien within sixty (60) days ofthe
Page 4 of 14
C:IOFPlCElWPWINlWPPOCS\OOMESTIC\MSAlban,hoff,m.., wpd
November 13.1"'
execution ofthe Marital Settlement Agreement. HUSBAND shall pay the balance of the Moore
obligation and obtain a mortgage satisfaction piece no later than June I, 1999, HUSBAND
agrees to execute a Judgement Promissory Note and a Mortgage of the property located at 20
Round Hill Road, Camp Hill, Pennsylvania in the amount of the outstanding Moore balance
concurrently with thtl execution ofthis Agreement. HUSBAND and WIFE agree to be equally
responsible for all Pennsylvania Department of Revenue taxes. Each party shall pay one-half
(1/2) the obligation directly to the PDR within sixty (60) days of the execution of this
Agreement. In the event that the amount is paid in full by either party, the paying party must
be reimbursed within thirty (30) days. WIFE shall be solely responsible for the Cumberland
County Real Estate taxes.
At the time of execution of this Agreement, HUSBAND shall transfer his right, title and
interest in the Devon Road property to WIFE. HUSBAND agrees to execute a deed prepared
by WIFE's counsel effectuating such transfer concurrently with the execution of this
Agreement, The deed shall be held in escrow pending the final payment of the Moore liens as
outlined above.
HUSBAND is the owner of property located at 20 Round Hill Road, Camp Hill,
Cumberland County, Pennsylvania, 17011, which was purchas'ild post separation. WIFE
hereby waives any right, title and interest in said real property except as outlined herein.
8. CASU PAYMENT.
Concurrently with the execution ofthis Agreement, HUSBAND shall pay to WIFE
the sum of $40,000, WIFE acknowledges receipt of $7,985. Thereafter, HUSBAND shall
adhere to the following payment plan:
(1.) $5,000 payable to WIFE on December 1,1999;
(2.) $5,000 payable to WIFE on December 1, 2000; and
(3.) $5,000 payable to WIFE on December 1, 2001.
Page 5 of 14
C:IOFFICE\WPWINlWPOOCs\oOMESTIClMSAlben.hoH ,m... wpd
Novllnbor 1&, 199&
HUSBAND agrees that the $15,000 future payments will be secured by a
Promissory Note secured by a Mortgage against HUSBAND's real property located at 20 Round
Hill Road, Camp Hill, Pennsylvania, 17011. HUSBAND agrees to execute and deliver to
WIFE, concurrently with the execution of this Agreement, a Judgement Promissory Note and
a Mortgage ill a form of accEJptable to WIFE's counsel in the amount of $15,000.
9, HEALTH INSURANCE.
HUSBAND agrees to pay for all health insurance coverage for the minor children,
Jennifer and Kimberly, including all medical, dental and eye coverage and HUSBAND further
agrees to be solely responsible for all unreimbursed medical, psychological, dental, orthodontic
or eye expenses. Beginning December I, 1998, and continuing until December 1, 2004,
HUSBAND shall assume the full cost of health insurance for WIFE, said health insurance to
be the same coverage as HUSBAND is currently carrying on himself.
10. COLLEGE EDUCATION.
The parties daughter, Jaime, has incurred an outstanding obligation to Penn
State for her college education. WIFE hereby agrees to assume responsibility for said
obligation. HUSBAND hereby agrees to be solely responsible for the post-high school
educat.ion expenses of the minor children, Jennifer and Kimberly, which will include all
expenses associated with tuition, room, board and purchase of books, until they reach their
twenty-third (23'd) birthday.
This financial obligation is deemed reasonable and in the best interests of the
children due to the current financial status of the parties, WIFE's acceptance of this
Agreement is specifically conditioned on the inclusion of this provision. WIFE has no
additional obligation for the payment of post-high school education expenses other than those
obligations indicated in this Agreement.
Page 6 of 14
C:'OI"FICF:lWPWINlWPOOCSlDOMESTIClMS"'banahoff,m..,wpd
November 13,1_
11. DE:JlTS,
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur llny debt or liability for which WIFE or her
estate might be responsible, and he shall indenmify and save WIFE harmless from any and all
claims or demands made against her by reason of such debts or obligations incurred by him
since the date of said separation, except as otherwise set forth herein.
WIFE represents and warrants to HUSBAND that, since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which HUSBAND
or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from
any and all claims or demands made against him by reason of such debts or obligations
incurred by her since the date of said separation, except as otherwise set forth herein.
12. BUSINESS.
A. HUSBAND is the owner of the following real property, in partnership with
his father:
(a)
(b)
Scoita/Shawnee, Corry, PA;
Sandy Hill, Butler, PA;
(c) Parsons; and
(d) Mahoning Manor.
1.:'\
I,
B.
HUSBAND is also an owner of the following mobile home parks:
(a) Pinetree, 50% ownership;
(b) Riverview, 50% ownership; and
(c) Edgewater. 40% ownership.
'\
I
"
WIFE upon execution of this Agreement, shall receive from HUSBAND a ten(lO%)
percent ownership interest in HUSBAND's share of the partnership properties as identified
in subparagraph (A)(aHd). WIFE shall receive from her intE>rest in these partnership
properties either $1,500 per month or ten(lO%) percent of the HUSBAND's partnership
distribution. whichever is greater. However, WIFE shall waive any entitlement to receipt of
i
'''I
. .
\
Page 7 of 14
,.,
.J,"
"
C:\OFFICE\WPWINlWPOOCSlOOMES T1C1MSAlbanahtlff ,mil, wpd
November 1 e, 1888
any income from the partnership properties until HUSBAND's personal obligations to Dr.
Gordon BanzhotT are paid in full or until December 1, 2004, whichever shall first occur.
HUSBAND agrees that the obligation to Dr. Banzhoffis in the amount of $438,000 and that
the repayment of this debt shall be made in a timely and regular fashion,
As of the date hereof, HUSBAND shall not, without the prior written consent of
WIFE, which shall not be unreasonably withheld, conditioned or delayed, perform any of the
following acts:
(a.)
(b.)
Vote his interest in the Partnerships in such a manner that would limit
HUSBAND's Partnership Distribution in any material way unless such
limitation is commercially reasonable under the circumstances; or
Vote his interest in the Partnerships in favor of modifying the terms of the
Partnerships' financing in a manner that would materially impair or limit
HUSBAND's Partnership Distribution unless such limitation is
commercially reasonable under the circumstances.
WIFE shall receive full financial accounting of the business operation, including
but not limited to; all financial statements as they are proposed, tax returns when filed, income
and cash flow statements when prepared. WIFE shall also receive annually a full accounting
of the obligation to Doctor Banzhoff as well as the payments made against such obligation.
WIFE shall bear no financial responsibility for the repayment of any and all
obligations against the businesses or the property including HUSBAND's personal obligation
to his father, Dr. Banzhoff, and HUSBAND shall indemnify and hold WIFE harmless from said
obligation.
The payments as described herein shall continue to WIFE until such time as
HUSBAND's interest in the partnership properties are transferred or t.he partnerships are
di3solved, Upon the happening of eith€lr event, HlISBA..1\lO shall pay to WIFE, within ten (0)
Page 8 of 14
C:IOFFICE\WPWINlWPDOCSIDOMESTICIMSAlbanSholl ,msa.lVpd
Nov""ber 16, 1 ~8
days ofthe transference or dissolution of the partnerships, ten (10%) percent of HUSBAND's
net proceeds from said transference or dissolution (after deducting ordinary and customary
closing expenses).
The parties acknowledge that the provisions of Pal'8graph #12 of this Agreement may
violate portions of a certain loan agreement entered into by the purtnerships on or about
October :I, 1997, with Nomura Asset Capital Corporation, said loan having an original
principal balance of Three Million Two Hundred Forty Thousand ($3,240,000,00) Dollars, In
the event that the partnerships receive notice that Nomura is declaring a default under the
terms of the loan agreement as a result of the provisions contained in this paragraph, this
portion of the Agreement between the parties shall automatically terminate and be of no
further force and effect. Upon the happening of such an event, HUSBAND agrees to pay to
WIFE alimony, in an amount of $1,5000,00 per month, or ten (10%) percent of HUSBAND's
partnership distribution, whichever sum is greater. In no event shall these payments
commence earlier than the satisfaction of all personal obligations of Dr. Gordon BanzhofT or
December 1,2004, whichever occurs first. These payments sholl continue until such time as
HUSBAND dissolves the partnerships or transfers his interest in the partnerships. Upon the
dissolution or transference of his partnership interest, HUSBAND shall pay to WIFE an
amount equal to ten (10%) percent of the net proceeds from such sale or distribution (after
deducting ordinary and cUliltomary closing expenses) as a lump sum alimony payment.
13. BANKRUPTCY
In the I!vent that HUSBAND files for bankruptcy within six (6) years of the date
of this Agreement, this Agreement shall constitute conclusive evidence of the parties intent
that the obligation in paragraph # 14, in the nature of support and maintenance and is not
discharged in bankruptcy under the current bankruptcy law or any amendment thereto.
Further, if HUSBAND institut,es an action in bankruptcy or any other bankruptcy proceeding
is instituted in which WU'J<:'s right for alimony becomes It mutter for judicial review,
HUSBAND lIgnlcs to lIny motion fill'd by Wl~'f: with the bankruptcy court requesting that the
I'ago 9 of 14
, ,
O:\OF'ICE\WPWINlWPDOO!l\DOMESTIO\MSA'<<n.ho~, tn.., wpd
N~'13,18l1'
bankruptcy court abstain from deciding the dischnrgeability ofthis alimony obligation and any
other obligations due hereunder in order to allow the Cumberland County Court of Common
Pleas to rule on the issue. If for any reason, HUSBAND is successful in huving any obligation
contained in this Agreement discharged in bankruptcy or if any payments made to WIFE in
alimony or in lieu of property settlement ure deemed a preference by a court of competent
jurisdiction in bankruptcy, then the parties agree that this Agreement shall be null and void
as a resolution of WIFE's pending economic claims in the divorce action filed in the
Cumberland County Court of Common Pleas including WII~E's cluims lor equitable
distribution, alimony pendente lite, alimony, counsel fees and costs or any other matter raised
by WIFE as a party in the enlorced action. Any relief of HUSBAND's other obligations arising
out of the marriage shall also be null and void, With the effective date that the HUSBAND's
obligations cease due to bankruptcy discharge or the ell'ective date of any order requiring
repayment of alimony by WIFE is a preference in bankruptcy, WIFE shall have the right to
prosecute the right to her economic claims in the divorce action as if this Agreement had not
been entered and any order of support shull be effective retroactive to the date of discharge or
date of receipt of any payment WIFE is required to repay.
14. SUPPORT
HUSBAND shall pay WIFE support beginning the month following the execution
of the Marital Settlement Agreement and continuing for six (6) years. Said payments shall be
made through the Domestic Relations Office of Cumberland County. For purposes of
allocation, the parties will exchange information regarding gross income November 1st of each
year. Child support will be determined by the support guidelines. The remainder of the
support payments will be allocated as alimony,
The support payments will be as follows:
(a,) November 1, 1998 - November 1, 1999:
$700 as Child Support, $300 as Alimony;
(b) November I, HJ99 - November 1,2000:
$1,000 pel' month,
$1,100 per month;
Page 10 of 14
C:IOFFICElWPWINlW PDOCSIDOMESTICIMSAlban.holl,m.e, wpd
November 18, 1998
(e) November 1,2000 - Novembel' 1,2001:
(d) November 1,2001 - November 1, 2004:
$1,200 per month;
$ 1,300 per month.
The alimony portion shall be determined by the above calculation. Alimony may
not be modified except by the above calculation and alimony and child support must be
equivalent to the payments herein described. Alimony shall not terminate upon the
remarriage, cohabitation or death of WIFE or death of HUSBAND.
Payment of this support obligation will be secured by the purchase of Ii term life
insurance policy on HUSBAND. Said policy will have a face amount of $75,000 and will name
WIFE as the irrevocable beneficiary. This policy shall be maintained until all obligation for
support hereunder have been satisfied. HUSBAND shall provide WIFE proof of insurance on
the date of execution of the Marital Settlement Agreement and annually thereafter.
The parties agree that the portion of thesfJ payments allocated as alimony shall
be taxable to WIFE and deductible by HUSBAND. The parties further stipulate and agree
that said alimony payments are necessary for the support and maintenance of WIFE and
without the aforesaid alimony, WIFE will not have sullicient income to maintain herself and
provide for the support of the minor children.
15. ATI'ORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees,
costs and expenses. Neither shall seek any contribution thereto from the other party except
as otherwise expressly provided herein.
16. WAIVER OF RIGIITS.
Both parties hereby waive the following procedural rights:
(a) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
Page II o!' 14
C:\O'FIC~WPWI""WPDOCS\OOMESTIC'MSA\banshoff ,m...wpd
NO\IIlIlber 13, 1 eel
(b) The right to obtain an income and expense statement of
either party;
(c) The right to have all property identified and appraisedj
(d) The right to discovery as provided by the Pennsylvania
Rules of Civil Procedurej
(e) The right to have the court make all determinations
regarding marital and non-marital property, equitable
distribution, spousal support, alimony pendente lite,
alimony, counsel fees and costs and expenses.
17. lWUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents.
18. VOID CLAUSES.
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement, and in all other respects this Agreement shall
be valid and continue in full force, effect and operation.
19. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
20. ATI'ORNEYS' I<'EES FOR EM'ORCEMENT.
In the event that either party breaches any provision of this Agreement and the
other party retains counsel to assist in enforcing the terms thereof, the breaching party will
pay all reasonable attorneys' fees, court costs and expenses (including interest and tt'avel costs,
if applicable) which are incurred by the other party in enforcing ~he Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
I'ag(, I:.! of 14
,
C:\o'FICE\WPWINlWPDOCS\oOMESTIC\MSAlblnlhoH ,m...Wpd
~'13,IVfl'
Agreement and intent of the parties that 0 breaching or wrongdoing party shall bear the
obligation of any and all costs, expenses And reasonable counsel fees incurred by the
nonbreaching party in protecting and enforcing his or her rights under thil'l Agreement.
21. ENTIRE AGlIEEMENT.
This Agreement contains the entire understanding of the parties, and there are
no representations, warranties, covenants or undertakings other than those expressly set forth
herein,
22. CONTRACT JNTERPRETATlOlI{,
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WlIEREO..', the parties hereto have set their hands and seals of
the day first above written,
This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
acknowledge the receipt of a duly executed copy hereof.
Page 13 of 14
O:lfJf'fIOIlWPWINlWPDOOSIOOMESTICIM\lAlbanaho".rn.a,wpd
Novtr\'IbIf 13, IV~8
COMMONWEALTH OF PENNSYLVANIA
. SS.
, ,
COUNTY OF CUMBERLAND
On the jfp \{./, day of -n Q7,lU'fI_lu..A.J ,1998, before me, a Notary Public
in and for the Commonwealth of Pennsylvania, the undersigned olncer, personally appeared
Kimberly S. Banzhaff known to me (or satisfactorily proven) to be one of the parties
executing the foregoing instrument, and she acknowledgcs the foregoing instrument to be her
free act and deed.
IN WITNESS WHEREOF, I havc hereunto sct my IUInd and notarial seal the day and
year first above written.
~d~/J1, 7Iam~
Notary Public
Commission Expires:..... ,.
..IU,~.I..\ j.
UndlM,l'1i1mmlJ.., 11_" . ,1-, '
CI[np HlU Boro. CumberJJ';O t;u. u, "". I
MJ COmml..1on Expll.. Fob, 26, :>L~2-J
Memuer, Pen~lvanlll AssoclalllllllJ' 'l~~;,,:;;I.'a
COMMONWEAGH OF PENNSYLVANIA :SS,
l \'\1\ \'\ (, I l/~, ,\ /J
COUNTY OF . I .~J /- I), .c-
+ll 'J J
On the L day of \\ &J tYl-l jL1 , 199L before me, a Notary Public in and for
the Corrunonwealth of Pennsylvania, the undersigned oflicer, personally appeared Gordon
K. Banzhoff, Jr., known to mc (or satisfactorily proven) to be one of the parties executing the
foregoing instrument, and hc acknowledges the foregoing instrument to be his free act and
deed.
IN WITNESS WHEHEOfi', I have hereunto set my hand and notarial seal the day and
year first above written. .,) {
'I J},L /.; C J;IJjJ}tO
Notary l'u\;J ic
I,' My Commission Expires:
NOf AIIN. 11M
WINDf I. CHI"o. _,., .....1Ie
i,' ,j,:, ,"II Ale. Twp.. cv"'~"'IOC.I'~
,., C'.I7Iul1t1t ....... -., ,""""'"
Page 14 of 14
JOHN MOORE & TERESA MOORE,
Plaintiffs
v.
: NO. /,:}4/-'~''1
: CIVIL ACTION. LAW
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
~'l~
GORDON BANZHOFF and
KIMBERLY BANZHOFF,
Defendants
NOTICE TO DEFEND
d
i
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(I
I
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and nolice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
,
,
your defenses or objections to the claims set forth against you. You arc warned that if you fail to do
so the case may proceed without you and ajudgment maybe entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
I
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE
A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FrND OUT WHERE YOU CAN GET LEGAL HELP.
"
I",
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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JOHN MOORE & TERESA MOORE,
Plaintiffs
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
GORDON BANZHOFF and
KIMBERLY BANZHOFF,
Defendants
NO,
CIVIL ACTION. LAW
"
I'
:'
Plaintiffs, John Moore and Teresa Moore, husband and wife (hereinafter referred to as
COMPI.AlNT IN
MORTGAGE FORECLOSUq
I'
.
:1
"Plaintiffs") by and Ihrough their attorneys, Killian & Gephart, LLP, hereby tile this Complaint in
,
Mortgage Foreclosure against Defendant Kimberly Banzhoff (hereinatler referred to as
i,'
r.
"Defendant"), and in support thereof avers the fOllowing;
I.
Plaintiffs, John Moore and Teresa Moore, husband and wife, are adult individuals
, currenlly residing at 694 East Columbus Avenue, Corry, Pennsylvania 16407.
2. Defendant, Kimberly BanzhofTis an adult individual currently residing at632 Devon
','
,
,
~.'
Road, Camp Hill, Cumberland County, Pennsylvania 17011.
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,
3. Defendant, Gordon Banzhoff, Jr. is an adult individual Currenllyresidingat24S North
,
,
2S'h Street, Camp Hill, Cumberland County, Pennsylvania 170 I I and is joint owner of the property
..
,
located at 632 Devon Road, Camp Hill, Pennsylvania with Defendant Kimberly BanzhotT.
4.
By mortgage note dated March I, 1990, Defendant promised to pay the sum of
$100,000 plus interest with costs of suit including 15% allomey's fees added for collection. A true
and correct copy of the mortgage no Ie executed by Defendants is incorporated herein and attached
hereto as Exhibit "A."
S. The note contains a confession of judgment provision that allows Plaintiffs to enter
judgment against Gordon Banzhoff and Kimberly S, Ban'~hotl' aller default on the note without
advanced notice or an opportunity to defend against the entry of judgment.
6. On or about March I, 1990, as security for the mortgage note, Defendant executed
and delivered a mortgage to Plaintiffs ill an amount equal to the note and all sums due thereunder
upon certain real property located at 632 Devon Road in the Borough of Camp Hill, Cumberland
County, Penn~ylvania for the purpose of securing the payment of the note and the perfonnance and
observance of the tenns, conditions and covenants of the note (hereinaller referred to as Exhibit
"8").
7. Defendants are in default of the note as a result of their failure to make payments on
the note when due.
8. The last payment was made by Defendanl Gordon Banzhoff on or about May 3,2000
in the amount of$2,461.47.
9. All of the note requirements have been fulfilled and the note and the mortgage have
been accelerated.
10. Pursuant to the teons of the note, Defendants are liable to Plaintiff for the entire
indebtedness including (a) all principal; (b) all interest; (c) all late charges; (d) all loan fees and loan
charges; and (e) all collection costs and expenses relating to the note or to any collateral for the note
which includes without limitation a 15% allomey's commission.
II. On September 29, 20m, the loan was in excess of three years past due and the past
due amount was in excess of$160,000.
2
12. The entire principal, intel'est, late charges and fees of the note is now due and payable
in fiJlltogether with aUomey's fees and costs of suit.
13. Judgment is not being entered by confession against a natural person in cOMeclion
with a consumer credittransllction.
14. The mortgage note and the mortgage have not been assigned and Plaintiffs are the
holders of the mortgage note and mortgage.
15. Judgmenl has not been enlered against Defendanl in any jurisdiction for their failure
to make the required payments on the mortgage \Io(e and mortgage.
WHEREFORE, Plaintiffs demand judgment against Defendant Kimberly Banzhoffin the
sum of $160,668.25 plus interest until paid in full at the rate of 9% per annum together with
aUomey's fees and all other appropriate costs of suit.
Respectfully submiUed,
Dated: April-1., 2004
~
' 1t-
Michael J. 'CoMor, Esquire
AUomey I. 0.1176127
KllHaa & Gephart, LLP
218 Pine Streel
P. O. BO.'l886
Harrisburg, P A 17108
(717) 232.1851
AUomeys for Plaintiffs
3
~ " ,
Y.ERIfKAIJON
1 hereby verify that the statements of fact made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S.A. ~4904. relating to
unsworn falsification to authorities.
. 'I I
VERIFICATION
J hereby verify that the statements of fact made in the foregoing document arc true and
correct to the best of my knowledge, infonnation and belief, I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S,A. ~4904, relating to
unsworn falsification to authorities.
~1?C~
Teresa Moore
l ~ ,
,J:
EXHIBIT
"A"
.--- .'
" .
. I I I
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, ,
MORTGAGE NOTE
SlOO.OOO,OO
Harrisburg, Penna.
March 1, 1990
FOR VALUE RECEIVED, GORDON K, BANZHOFF AND KIMBERLY S.
BANZHOFF, (hereinafter called "the Undersigned" referred to as
though singular in number and masculine in gender, whether one or
more), promises to pay to the order of JOHN E, MOORE and TERESA
J, MOORE, their heirs or assigns, in lawful money of the United
States of America, the sum of ONE HUNDRED THOUSAND DOLLARS
($100,000.00),
The Undersigned hereby empowers the Prothonotary of any
County or any Attorney of any Court of Record to appear for and
confess judgment against the Undersigned in favor of any Holder
for the said sum plus accrued interest with costs of suit
including fifteen per cent attorney fees added for collection and
hereby waives all errors and rights of appeal and all relief from
any appraisement, valuation, stay, and exemption laws of any
state and all bankruptcy laws of the United states now in force
and hereafter enacted,
As additional security along with the foregoing obligation,
there has been delivered by the undersigned, the property
hereinafter set forth as collateral security for the payment of
this liability of the Undersigned to any Holder hereof, due or to
become due, or that may be hereafter contracted, whether direct
or contingent, and whether now or hereafter acquired, with the
right on the part of the Holder hereof to repledge the said
securities, and upon failure to comply with any such demands,
this obligation shall forthwith become due, with full power and
authority to the Holder hereof, in case of al')Y default of the
Undersigned, or of the non-payment of any of the liabilities
above mentioned at maturity sell, assign and deliver the whole or
part of said securities, or any substitutes therefor or additions
thereto, at any broker's board or at public or private sale,
either in York or elsewhere, at the option of the Holder, at any
time or times, thereafter without advertisement or notice to the
Undersigned, and with the right on the part of the Holder hereof
to become purchaser and absolute owner thereof at such sale or
sales free of all trusts and claims, and after deducting any
legal or other costs and expenses, for collection, sale and
deli very, to apply the residue of the proceeds of such sale or
sales so made, to pay any or all of said liabilities as said
holder hereof shall deem proper, returning the overplus, if any,
to the undersigned: and it is further agreed that the said
~~ . , , ,
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-
property, together with any previously deposited or pledged
hereafter shall stand as one general continuinq collateral
securitr for any and all obligations of the undersigned, so that
the def ciency on anyone shall be made good from the collaterals
for the others; the Undersigned hereby remaining responsible for
any deficiency in payments, and hereby waiving all benefit of any
stay of execution or any exemption of property from execution or
any privilege under any law now or hereafter to be in force, all
remedies are cumulative and not alternative. The Undersigned
pledges the property set forth, togther with (a) all proceeds of
the property, including cash, stook and other dividends and
rights to subscribe to securities incident to such property; and
(b) all additions to, exchanges or substitutions for, the
property.
Witness:
Mortgage of property 632 Devon Road,
c.mp lUll, P.nn.y1..n1. 17011 fit!:
632 Devon Road ~,I/ , ^
Camp Hill, PA 17011 I / J.' .
J . j."..L d J . ~" "i'W'
Address:
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EXHIBIT "B"
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MORTGAGE
'90 rJRR 6 Al'110 53
'90 APR 30 111'110 39
THIS MORTGAGE is made
GORDON K. BANZHOFF and
(hereinafter whether one or
MOORE and TERESA J. MOORE,
more called "Mortgagee");
this 1st day of March, 1990 between
KIMBERLY S, BANZHOFF, his wife,
more called "Mortgagor") AND JOHN E,
his wife(hereinafter whether one or
In consideration for and to secure payment to Mortgagee by
Gordon K, Banzhoff and Kimberly S, Banzhoff of a loan and any
interest and costs due thereon evidenced by a Note dated March 1,
1990 in the amount of $100,000,00, and performance of all
conditions, covenants and obligations herein and in the Note and
in an Installment Sales Contract dated Merch 1, 1990 or any other
obligations of Mortgagor. to Mortgagee now existing or hereafter
incurred, the Mortgagor does by these presents grant, sell,
convey and mortgage unto Mortgagee, ALL THAT CERTAIN r.eal estate
decribed situate in the Commonwealth of Pennsylvania known a8
632 Devon Road, Borough of camp Hill, county of Cumberland,
commonwealth of pennsylvania recorded in the Office of Recorder
of Deeds in and for Cumberland county in Deed Book X, Volume 30;
Page 595 - See Complete Desciption Attached.
TOGETHER with all the buildings and improvements thereon and
additions and alterations thereto, including all alleys,
passageways, rights, liberties, privileges, hereditaments and
appurtenances whatsoever thereunto belonging or appertaining.
TO HAVE AND TO HOLD the Premises hereby granted and conveyed
unto Mortgagee, to and for ~he use and behoof of Mortgagee, their
successors and assigns, forever,
THIS MORTGAGE IS MADE subject to the following conditions,
covenants and obligations:
a, All payments on the Note and the Installment Sales
Contract will be made when due including payments due by
acceleration of maturity, and all other conditions, covenants and
obligations as required or provided herein, in the Note, or in
any other obligation of Mortgagor to Mortgagee, will be
performed; and
b, Mortgagor covenants and warrants that Mortgagor has fee
simph title to the Premises and the right to mortgage the
Premises; and
c, Mortgagor will pay when due all taxes and assessments
and other governmental charges, including electricity, water and
sewer rents levied or assessed against the Premises or any part
thereof, anu will deliver receipts therefor to the Mortgagee upon
request, and shall pay when due all amounts seclJred by any pr!()r
li~n on the premises; and
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shall be applicable to all genders,
Payment of this Mortgage is subject to the terms and
conditions of the Note and Installment Sales Contract referred to
above,
IN WITNESS WHEREOF, the Mortgagor has hereunto set hand and
seal the day and year first above written,
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Gordon K. Banzh6lV
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Commonwealth of Pennsylvania:
County of Dauphin:
On this 1st day of march, 1990, before me the subscriber, a
Notary public in and for the Commonwealth of Pennsylvania,
the undersigned officer, personally appeared Gordon 1(, Banzhotf
and Kimberly S. Banzhoff, known to me to be the P~J&I].91 whose
names are subscribed to the above Mortgage and ..~'~ ~g8d
execution of same for the purposes therein contai~~.A~~~i~ed
that it be recorded as such. i 'c' ..'.o\.:-.~'':,)~.''_.,\
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CAHOlct !. MllllR. NOTART P , R, Y
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I certify that the precise re~idence
East columbus Avenue, corry, penns '
IN WIlNESS WHEREOF, the Mortgagor has hereunto set hand and seal the day
and year first above written.
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Gordon K. Banz oF'(:/ /--
COMMONWEALnt OF PENN5 YL VANIA
COUNTY OF DAUPHIN
.On this 19th day of April. 1990, before me the subscriber, a. No.t~ ,
Public in and for the Commonwealth of Pennsylvania. the underslgj\'~.,o .~~...,
persona II y appeared Gordon K. Banzhoff and K Imber I y S. Banzhof f .' . l: . CI /~\
to be the persons whose names are subscribed to the above Mort~' , ' li.": O';}
aCknowledged execution of same for the purposes th2rei cont~lne.'a " . '1-.'. .~
desired that It be recorded as such. /: .J.' - ',~ :1.
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Nbv.nibll' 13, 1998
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NOTE
November _llL, 1998
CAMP lIILL, PENNSYLVANIA
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10 RoundblU Road, Camp lIill. PeWlSylvanla 17011
(ProperlY Address)
I. PROMIS~; TO PAY
I promise to pay U.S, $100,000,00 (this amount is called "principal"). 10 the order of the Lender. The Lcnder Is
KIMBERLY S, BANZIIOf'F. I understand thatthc Lender may transfer this Nole. The Lender or anyone who takes this
Nole by transfer and who is entitled to receive payments under this Note is called the "Note Holder. "
1
1. PAYMENTS
(A) Time aud t'laee uf Pay menu
I will make full payment on June I. 1999, which is called the "maturity date."
I will make my payment at 631 Devon Road, Camp 11111, t'A 17011, or at a different place if required by
the Nole Holder.
(O) Amount uf Monthly Payments
My payment will be illlhe wnOU1l1 of U.S. $100,000,00.
3. BORROWER'S RllaIT TO PREPAY
I have the right to make paymenls of principal at allY lime before they are due, A paymenl of principal only is known
as a "prepayment." When I make a prepaymefll, I willtellllle Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without any prepayment charge. The Note Holder will use
all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment. there
will be no changes in the due date or in the wnOWlt uf illY 1lI0nthly payment unless the Note Holder agrees in wrilulg to those
charges.
4. BORROWER'S t'AILURE TO l'A Y AS REQUIRED
(AI Late Cbarle for Overdue Paymenu
If the Note Holder has nol received the full amouul of any monthly payment by the end uf 15 calendar days
after the date it is due, I will pay a lale charge 10 the Note Holder. The amount of the charge will be 5% of my overdue
payment of principal and interest. I will pay this late charge promplly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date il is due, I will be in defaull.
(C) Nollce of Default
If I am in default, the Nole Holder may send me a written notice telling me that if I do not pay the overdue
anlount by a cenaul date, the Nole Holder may require me 10 pay immediately the full wnount of principal which ha~ not been
paid and allllle interest th"tl owe on that amount. That dale must be at least 30 days afler the dale on which the notice i3
delivered or mailed lu llIe,
(0) No Waher By Nute lIolder
"'vcn if. at a tl/ne when I am in default, the Note Holder docs lIot require me to pay immediately in full ...,
described above. the Note Holder will still have the right 10 do ~o if I am in default at a laler time,
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Nov.mber 13, 1998
(E) Payment of Note Uolder's Costs and Expenses
If the Note Holder has required me to pay inunediately in fuU as des<:ribed above, the NOle Holder wUl have
lIle right to be paid back by me !or all of its costs and expenses ill enforcing this Note to the extellt not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys' fees. '
5. GIVING OF NOTICES
Unless applicable law requires a different method, allY 1l01ice that muSl be given to me under this Note will be given
by delivering it or by mailing it by first ciass mail to me at the Property AddrCiS above or at a different address if I give Ibe
Note Holder a notice of my differem address.
Any notice that must be given to the Note Holder under t1lis Nole wlU be given by mailing it by first class mail 10
the Note Holder al the address slated in Section 3(M above or at a different address if I am given a notice of that different
address.
6. OBLIGATIONS m' PERSONS liNDER nlls NOTE
If more than one person signs t1lis Note, each person Is fully and personally obligated to keep all of the promises
made in this Note, including the promise lO pay lIle full amount owed. Any person who is a guarantor, surely or endorser
of this Note is also obligated 10 do these things. Any person who takes over these obligations, including the obligations of
a guarantor, surety or endorser of tilis Note, is also obligated to keep aU of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individoally or against all of us together. This means that anyone
of us may be required to pay aU of lhe amoums owed under this Nole.
7. WAIVERS
I and any olher person who has obligations under lhis Note waive the rights of presenlment and notice of disbonor,
"Presentrnem" means the right 10 require lhe Nole Holder to demand payment of amounts due. 'Notice of dishonor" means
the rightlo require lhe NOle Holder to give notice to other persons lIlal amounts due have nol been paid.
8. UNIFORM SECURED NOTE
This Note is a uniform instrument wilh limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the" Security Inslrument"), dated the same
date as this Note, prolects the Note Holder from possible losses which mighl result if I do not keep the promises which I make
in this Note. That Security Instrumenl describes how and under what conditiuns I may be required lo make immediate
payment in full of all amounts I owe under lhis Note. Some of t1lOse conditions are described as follows:
Transfer of Ihe Property or a Benefielallnterest in Borrower. If all or any
part of the Properly or any inlerest in it is sold or lransferrcd (or if a beneficial imerest
in Borrower is sold or tran.1ferred and Borrower is not a nalural person) without Lender's
prior written consent, Lender may, al its option, require inunediate payment in full oi aU
sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If l.ender exercises lhis option, Lender ,lhall give Borrower notice of
acceleralion. The nolke shall provide a period of nolless than 30 days from tile dale the
notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand 011 Borrower,
WITNESS TIlE HAND AND SEAL OF TilE UNDERSIGNE
(Seal)
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JAMlJUllEIBANZOFF,NOT
oetot.,27, lege
NOTE
November J.!L , 1998
CAMP HILL. PENNSYLVANIA
10 Roundhlll Road, Camp lilli, Pennsylvania 17011
(Properly Address)
1. PROMISE 1'0 PAY
I promise to pay U.S, $15,000,00 (this amount is called "principal"), to the order of the Lender. The Lender is
KIMBERLY S. BANZIIOn'. I understand t1tat the Lender may transfer this Note. The Lender or anyone who takes this
Note by transfer and who is entiUed to r",eive payments under this Nole is called the "Note Holder."
1. I'A YMENTS
(A) Time and Place of Payments
I will make payments on December 1, 1999, December 1, 2000 and December 1, 2001. If, on December
IS, 2001, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maNrity
dale,"
I will make my monthly paymenls at 631 Devon Road, Camp 1111I, PA 17011, or at a different place if
required by the Note Holder.
(B) Amount 01 Monthly Payments
My payment will be in the anlOunt of U.S. $5,000.00,
J. BORROWER'S RIGHT TO I'REPA Y
I have the right to make payments of principal at any time before they are duo. A payment of principal only is known
as a "prepayment." When J make a prepayment, I will tell the Note Holder in wriling that I am doing so.
I may make a full prepayment or partial prepaymenl' willtout any prepaym.nl charge. The Note Holder will use all
of my prepaymenl.'l to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will
be no changes in the due dale or in the amount of my monthly payment unless the Note Holder agrees in writing to those
charges.
4. BORROWER'S FAILURE 1'0 PAY AS REQl;IRED
(A) Late Charlie for Overdue I'ayments
If the Note lIolder h.., not received the full amount of any monthly payment by the end of 15 ~alendar days
after the date it is due. I will pay a late charge to the Note lIolder. The amount of the charge will be 5% of my overdue
payment of principal and inter.,!. I will pay litis late charge promptly but only once on each late paymeut.
(Il) Default
If I do not pay lhe full amount of each monthly payment on the date it is due, I will be in default.
(e) Nollce of Default
If I am in default, the Note lIolder may send Ille a written notice telling me lItat if I do not pay the overdue
amount by a certain date, the Note lIold.r may require me In pay immediately the full amount of principal which has not been
paid and all the inlerest that I owe on thaI amount. That date must be .tleast 30 days after the date on which the notice is
delivered or mailed 10 me.
(0) No Waiver By Note 1I0lder
Even if. at a time when I am in default. Ih. Note Holder does not require me to pay illlmtdiately in full as
described above. the Nol. lIolder will "ill have lite right to do Sll if I am in default at a later time.
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JAM\JULIEIBANZOFF,NOT
October 27, 1998
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(E) Payment of Note lIulder's COils and Expensu
If the Note Holder has required me to pay immediately in full as described above, Ibe Note Holder wUl have
the right to be pald ba~k by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for exanlple, reasonable attorneys' fees.
5. GIVING OF NOTICES
Unless applicable law requires a different method, JUlY notice that must be given to me under this Note wHl be given
by delivering it or by mailing it by tirsl class mail 10 me at the Property Address above or at a different address if 1 give Ibe
Note Holder, nolice of my differeJll address.
Any nOlice thaI must be given to the Nole Holder under this Note will be given by mailing it by Orst class mail 10
the Note Holder at the address slated in Seclion 3(A) above or at a different address if I ani given a notice of that different
address,
6. OBUGATIONS OF PERSONS UNDER TillS NOTE
If more lhan one person signs t1l1s Note, each person Is fully and personally obligated to keep all of the promlses
made in this Note, including the promise 10 pay the full amount owed. Any person who is a guarantor, surety or endoner
of this NOle is also obligated to do these things. Any person who takes over these obligatiollB, including the obligations of
a guarantor. surety or endorser of this Note, is also obligatcd 10 keep all of the promises made In this Note. The Note Holder
may enforce Its rights under this Note against each person individually or against all of us together. lbis means that anyone
of us may be required 10 pay all of the anlounls owed under this Note.
7. WAIVERS
I and any oilier person who has obligalions under this Note waive lhe rights of presentment and notice of dishonor,
"Presentment" means the right to require the Note Holder to demand paymeJll of amounts due. "Notice of dishonor" means
the right to require lite Note Holder to give notice to other person.' that amounts due have not been paid.
8, UNIFORM SECURED NOTE
This NOle is a uniform inslrument with limited variations in some jurisdiclions. In addition to the protections given
to the Note Holder under this Note, a Morlgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same
date as this Note, prolects the Note Holder from possible losses which might result if I do not keep the promlses which I make
in this Note. 'n,at Security Instrument describes how and under what conditions I lllay be required to make imn.ediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a IkneOclallnterest in Borrower. If all or any part of lite
Properly 'Jr any interest in it is sold or Iransferred (or if a beneficial interest in Borrower is sold
or llansferred and Borrower is nol a natoral person) without Lender's prior written consent, Lender
may. at its option, require inullediate payment in full of all SUJlJ!l secured by this Security
Instrument. However. this option shall not be exercised by Lender if ex.ercise is pruhibited by
federal law as of the date of this Security Inslrument.
If Lender exercises lhis opllon. Lender shall give Borrower notice of acceleralion, '!be
nolice shall provide a period of not less than 30 days from the date the notice is delivered or mailed
within which Horrower mu,st pay all sums secured by this Security Instrument. If Borrower fails
10 pay these sum' prior to the expiration of this period. Lender may invoke any remedies permltted
by this Se~urity Insllumenl wilhout further notice or demand on Borl'Ower,
wrrN'" HOE llANO AND SEAL OF "IE UNO'"'''"K
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Gordon K: Ban.hoff, Jr~~ower
{Sign Or/giNJI Only}
2
. . . ,
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I understand that false statements herein are made subject to the penahles of 18 PA C,S. '
S 4904 relating to unsworn falsification to authorities.
I verify that the statements made In the foregoing Petition for Contempt and to Enforce
Marital Settlement Agreement are true and correct.
Oated: '1- O.e'\ - cL.\-
C:IOFFICE\WPWINlWPOOCSlOOMESTIC\banz.~.n,pr.,wpd
'Novtmbet 20. 1888
.
KIMBERLY S, BANZHOFF,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
NO. 94.6352
CIVIL ACTION. LAW
DIVORCE
GORDON K. BANZHOFF, JR"
Defendant
PRAECIPE TO TRANSMll' t{ECORD
TO THE PROl'HONOT ARY:
Transmit the record, together with the following infonnation. to the court for entry of an
appropriate divorce decree:
I, Ground for divorce: Irretrievable breakdown under !l 3301(c) of the Divorce Code,
2, Date and manner of service of complaint: The ComplaInt was nled on November 7,
1994, and was served on Gordon K. Banzhoff, Jr. by first class on November 30,
1994.
3. (Complete either paragraph (a) or (b):
(a)
Date of execution of the aflidavit of consent requircu by !l 330 I (c) of the Divorce
Code: by PlaIntiff November 16, 1998; by Defendant November l7, 1998.
Dills of Sl\SellliaR of tha lIffitlavil fSlIlIiratl Ily ~ J:!QI(t1) of Iha Di'J8fca
Cede: ;
(8)(1)
(2) Dale af filiRg tlRd ser-;iee 0" the PlaiAtit'f s afHtla\'il YpSR the
MspeRdeRt: ~
4.
Related claims pending:
None.
5, (Complete either (a) or (b).)
(8) Date IUU' flUIRRer at" servile' 0" tRI R8ti~e af i,UeRlleR Ie file ftftleeitJ' 19 'rafts",.'
,eeard, a eepy e( '.vhieh is atlatlRetl: .
(b) Dale Plaintiff's Waiver of Notice in !l 3301(c) Divorce was filed with the
Prothonotary: November 23,1998.
Date Defendant's Waiver of Notice in !l 3301(c) Divorce was filed with the
Prothonotary: November 23,1998.
Respectfully Submilleu.
REAGER & ADI.ER, PC
Date: November 23. 1998
By:
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NU'*!iIIt m. 1991
KlMBERL Y S. BANZHOFF,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 94-6352
CIVIL ACTION - LAW
DIVORCE
GORDON K. BANZHOFF, JR.,
Defendant
"
fBf:AClff;
TO THE PROTHONOTARY:
The Social Security number of the Plaintiff, Kimberly S. Banzhoff, is 193.46-3171.
The Social Security number of the Detendant, Gordon K. Banzhoff, is 169.44-3568.
Respectfully Submitted,
REAGER & ADLER, PC
Date: November 10, 1998
:~DR~~~~~R~QUIRE
Attorney I.D. No. 66378
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No, [717] 763-1383
Allomeys for Plaintiff
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IN 'l'D COaT 0', COMMON 'LIAS
CUNB..r.>>m COUH'l'Y, ,lmfSYLVUL\
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Defon4aAt, IN DIVORCE
COMPT.,\Drr tlWlR SIC'1"~OI'l H01(e)
or TKI DIVORCE CODE
1. PlaintH: is Kimklerly s. 9a~;:hof~, who curren::ly r..ic1...
~t 632 Oevon Road. C~~ Rill, Cumberland County, ierJ1sylv~nia,
1'701.1, 3ir.ce July ln4.
2. O!~en~n~ iG Cordon K. ann:hof~ Jr.,
....ho c:ur:o!nt.Ly
neido. at 63;; ::levon Road. C3Il1p Hi":., Cu::l!::e:,l<1n,~ ~ounty,
Penn.ylva:ia, 17011, linc~ July 198~.
3. P~aiDr.~t~ and Oe:~ndanr. ~av~ b~~n OQr~ f.de reeidenea in
r.h, COml.1IJnwealr.h ~or 11,: lealc si.( tr.l.iccns itrme-:tiacely p~e"iou.. to
Chi filing of ::~1s C~~lainc.
4 ~ft plllintif~ a~d defendant: wer~ married on r.orua:y 19,
lHJ 1:1 Camp !ilLl, "~nneylvania.
5. T~~r. ~~~~ ~..n ~o 9rio~ act~ons of divorc& c:' f~r
-Il\11Ul"..l1c :J..r.we.'1. '::iw ';\rci"" ill chis or.' any ocher j uriediction.
6. '1'~,. ma:rioJoJ1 ie .L:reerie.,,,bly "roker. .
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KIMBERLY S. BANZHOFF.
Plaintiff
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO 94-6352
CIVIL ACTION - LAW
DIVORCE
GORDON K. BANZHOFF. JR.
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY.
Please enter my appearance as counsel of record on behalf of Plaintiff, Kimberly S. Banzhoff.
RUGER & ADLER, PC
Date: December 5. 1997
By:
~c.jtV/
ENISON CANTOR, ESQUIRE
.D No. 66378
2331 Market Street
Camp Hill. PA 17011-4642
Telephone No. [717] 763-1383
Attorneys for Plaintiff
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NowniOIr S, '.7
WHEREFORE. Plaintiff respectfully requests this Honorable Court to equitably divide all
marital property and debt.
COUNT II
ALIMONY PENDENTE LITE AND ALIMONY
12, Paragraphs 1 through 11 arc incorporated herein by reference,
13, Plaintiff is unable to sustain herself during the course of litigation,
14, Plaintiff lacks sufficip.nt property to provide for her reasonable needs and is unable to
sustain herself
15, Plaintiff requires reasonable support to adequately maintain herself in accordance with
the standards of living established during the marriage,
16, Defendant is tinancially able 10 provide for the reasonable needs ofPlaintilr.
17. Plaintiff requests the court to enter an order of Alimony Pendente Ute until final hearing.
thereupon 10 enter an order of Alimony in her favor pursuant to ~~ 3701 and 3702 of the Divorce Code,
WHEREFORE Plaintiff respectfully requests this Honorable Court to enter an award of
Alimony Pendente Ute until tinal hearing and thereupon to enter an order of Alimony in her favor,
J
C:IOFFICEIWPWINIWPOOCSIDOMESTICICOMPLAINIIIANZHOFF,WPO
Noo.INribet S, '887
COUNT III
COUNSEL FEES. (;OSTS AND EXPENSES
18, Parall'aphs 1 through 17 are incorporated herein by reference,
19, Plaintiff has employed Debra Denison Cantor. Esquire. of Reager &; Adler, PC, to
represent her in this divorce action.
20, Plaintiff is unable, due to her minimal income, to pay the necessary counsel fees, costa
and expenses which have been and continue to be incurred,
21, Due to the multitude of business interests owned by Defendant. Plaintiff will need to
employ experts. including accountants, determine the marital interest in said properties,
22. Defendant is more than able 10 pay these expenses on behalf of Plaintiff.
23, Reilerving the right to apply to the Court for temporary counsel fees, costs and expenses
prior to the final hearing. Plaintiff requests that after final hearing the Court order Defendant to pay
Plaintiffs reasonable counsel fees. costs and expenses.
4
O;IO,P1CIIWPWINIWPUOCSIDOMESTICICOMPLAINI8ANZHOF' ,WPO
NownibII' S, '887
WHEREFORE, Plaintitl"respectfully requests that pursuant to ~ 3702 ofthc Divorce Code thi.
Honorabl~ Court enter an order requiring Defendant to pay Plaintiffs rcasonable counsel ree.. co.t. and
cxpenses,
Respectfully Submitted.
REAGER & ADLER, PC
Date: November 5. 1997
By:
.A,
!\ttornllY I
233 1 Market Street
Camp Hill, P A 17011.4642
Telephone No, [717] 763-1383
Attorneys for PlaintitT
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C:'O"ICIVNPWINIWPoocalDOMla7ICICOMPl/lINIlU\NZHO",WPO
No;_"'" 4, ,8t7
VERIFICATION
I, Kimberly S, BanzholT. veritY that the statements made in this Complaint are tNe and correct
to the best of my knowledge. information and belief.
I understand that false statements herein are made aubject to the penaltiea of 18 Pa,C,S, Section
4904. relating to unsworn falsification to authorities,
Date: I / /'5 Ii 7
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Plaintiff
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY. PENNSYLVANIA
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Defendant
NO, 94-63S2
CIVIL ACTION - LAW
DIVORCE
v,
GORDON K, BANZHOFF, JR,.
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!mPER S~CTIQN 3301iC) OF THJ; DlypRCE CODE
1. I consent to the entry of a lInal decree of divorce without notice,
2,
I understand that I may lose rights concerning alimony. division of property. lawyer's fees
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or expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decrec will be sent to me immediately after it is filed with the Prothonotary,
I verify that the statements made in this affidavit are true and correc\. I understand that false
statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904 relating to unsworn falsillcation
to authorities,
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: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
Defendant
NO, 94.6352
CIVIL ACTION. LAW
DIVORCE
v,
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GORDON K, BANZHOFF, lR"
~.'FlDA VIT OF ~ONSENI
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I. A Complaint in divorce under s.:ction 3301(c) of the Divorce Code was filed on
November 7. 1994,
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2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses if I do not claim them before a di vorce is granted,
I '~erlfy that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904 relating to unswom falsification
to authorities,
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Plai nti ff
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
NO, 94-6352
CIVIL ACTION. LAW
DIVORCE
v.
GORDON K, BANZHOFF, JR"
\!~DER ~ECTION ~301(C) OF THE DlVORCE CODE
1. I consent to the entry of a final decree of divorce without notice,
2, I undentand that I may lose rights conceming alimony, division of property, lawyer's fees
or expenses if I do not claim them before a divorce is granted.
3, I undentllOd that I will not be divorced until a divorce deCR'C is entered by the CoW! and
that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary,
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904 relating to unswom falsification
to authorities,
Dated: JOv l/ll'~a
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~_~'5, '1l87
V~ 11lJ V " () I~J~/.
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KIMBERl,Y S. BANZHOFF,
: rN THE COURT OF COMMON PLEAS
:CUMIlERLAND COUNTY, PENNSYLVANIA
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NO, 94.6352
CIVIL ACTION. LAW
DIVORCE
GORDON K. BANZHOFF, JR"
DefendantlResponde'1t
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AND NOW. this -H
illIDER
day of Novembcr, 1997. upon consideration of the within
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Petition for Special Relief in the Nature of an Injunction to Prevent the Dissipation or Transfer of
Marital Assets, it is hereby ORDERED AND DECREED that the parties in the above matter shall be
prohibited from removing, transferring, encumbering or dissipating marital assets whether held jointly
or individually until further order of this court,
iJ.1
It is lill1hcr ORDERED Il1nt Rcspondcnl has ten (10) days from the date of service of this order
, in which to show causc why this temporary order should not be made permanent.
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C;:lO'F1CEIWPWINlwpoocaIDOMISTICIllANZHOF' ,PET
NoL~ I, 1887 I
Plaintift7Petitioner
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY S, BANZHOFF,
v.
NO, 94.6352
CIVIL ACTION. LAW
DIVORCE
GORDON K. BANZHOFF, JR,
DefendantlRespondent
PETITION FOR SPECIAL RELIEF
IN THE NATURE OF AN INJUNCTION
TO PREVENT THE DISSIPATION OR TRANSFER
OF MARITAL ASSETS
AND NOW, comes Petitioner, Kimberly S. BanzholT, by and through her allorneys, Reager &.
Adler, P,C" to Petition this Court for special relief as follows:
1, Petitioner is Kimberly S. BanzholT, an adult individual residing at 632 Devon Road,
Camp Hill, Pennsylvania, 17011-1620,
2, Respondent is Gordon K BanzhotT. Jr, an adult individual with a last knowJ1 address of
20 Round Hill Drive, Camp Hill, Cumberland County, Pennsylvania, 17011.
3. Respondent is involved in a number of business enterprises, including mobile home
parks, Laundromats and real estate holdings. Such business entities include, but may not be limited to:
)" a,
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Sandy Hill Estates in Butler County;
Shawnee/Sciola Villages in Erie County;
c, Real Estate located in:
I Port Treverton, Snyder County;
-,
C:\OfPlCEIWPWINIWPDOCSIDOMES7ICI8ANZHOFF, PE7
NO'.~._ 5, t.7 .
ii, Lewistown, Mifflin County;
iii, Dover, York County;
iv, Mechanicsburg. Cumberland County;
v, Punxsutawney, Jefferson County; and
vi. Cory, Erie County,
4, Respondent is also involved in several partnerships to which Petitioner has no access:
i, Sandy Hill Estates Partnership
ii. BanzhotT, Banzhoff and Sellers
Hi BanzholT. BanzholT & Witkoski
iv, Banzhoff, Banzhoff & Witkoski II
v, Banzhoft' & Banzhoff Partnership
vi. Banzhoff & Banzhoff II
vii. Main Stree, Partnership
viii, Murphy Buildins Partnership
z
9:\oFFICEIWPWINIWPOOCSIOOMESTIC\8ANZHO", PE T
NMmbetS, 1887 '
5, In the past, Petitioner has served as a co-signer for the purchase ofsomc ofthc above
listed properties, In addition, the marital home located at 632 Devon Road, Camp Hill, has been utilized
as collateral for the above properties,
6, The above properties are either entirely marital property, or have incrllased in value over
the course of the marriage, which creates a marital interest thereto, To Petitioner's knowledge, marital
property has been utilized to purchase property since the date of separation,
7. Respondenl has engaged in the past practice of invading these marital assets and
withdrawing large sums of money for his own purposes,
8, In addition, Respondent has engaged in a series of transactions, including retinancinl3
the property(ies) for the purpose of removing Petitioner's interest in the properties,
9, Petitioner has no access to said real estate or business holdings and no means to monitor
the transfer of assets.
10. It is Petitioner's understanding that the Murphy Building located in Mechanicsburg,
Cumberland County, is now set for sale with expected proceeds in excess ofS140,OOO, It is Petitioner's
belief that without an Order granting injunctive relief, these assets will be dissipated, transferred or
removed from Petitioner's access.
11. The status quo shOUld be maintained to preserve the marital estate for ultimate disposition
by the Court in a fair and equitable manner.
12. Respondent should not be permitted to employ self. help remedies or destroy the marital
estate or business assets belonging to the parties
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JIIl""Y 21, , Il88
JAN a '. tt>
KIMBERLY S, BANZHOFF,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Petitioner
v,
NO, 94-63S2
CIVIL ACTION - LAW
DIVORCE
GORDON K, BANZHOFF, JR"
Dcfcndant/Rcspondcnt
AND NOW, this
ORDER
day of January 1998, it is hcreby ORDERED and DECREED that the
Ordcr datcd Novcmber 11, 1997, shall bc made a permanent ordcr of this Court,
BY THE COURT:
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Jll1uary 21, 11188
'.
KIMBERL Y S, BANZHOFF.
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
PlaintiWPetitioner
v,
NO, 94.6352
CIVIL ACTION - LAW
DIVORCE
GORDON K, BANZHOFF, JR"
DefendantlRcspondent
MOTION TO MAKE RULE ABSOLUTE
AND NOW. comes Petitioner, Kimberly S, Banzhoff, by and through her attorneys, Reager &
Adler, p,c., to requests this Court to make the Rule absolute and avers as follows:
1, On November 5, 1997. Pctitioncr filcd a Pctition for Spccial Relief in the Nature of an
Injunction to Prevent the Dissipation of Marital Assets,
2, A Court Order was issued on November 11, 1997, The Order authorized an injunction
prohibiting the removal. transfer. cncumbrance or dissipation of marital assets. held jointly or
individually. until further Order of this Court.
3, The Order further provided Respondent tcn (10) days from the date of service in which
to show cause why the temporary order should not be made permanent.
4, The Petitioner and Order were served on Respondent on November 13. 1997, An
affidavit or scrvicc was filcd with the Courthouse on Novembcr 20. 1997,
5, To date. Respondent has failed to tile a response to Ihe Petition for Special Relief.
C:IOF'ICElWPWINIWPOOCSIOOMESTlCldANZHO;F ,MOT
JI/IlWY 21. 1 iI88
..
WHEREFORE, Petitioner requcsts that this Honorable Court enter an Order milking the Rule
absolute.
Respectfully Submitted.
REAGER & ADLER, PC
Date: January 21, 1998
By:
. ESQUIRE
Attorneys for Petitioner
2
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C:\OFFICElWPWINlWPDOCSIDOMESTIClSANZHOFF.MOT
JIIlLW)' 21, IlI8ll
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CERTIFICATE m' SERVIC~
AND NOW, this 21st day of January, 1998,1 hereby verify that I have cllused a true and correct
copy of the foregoing document to bc pluccd in the U ,5, mail, first class, postage prepaid and addressed
as follows:
Michael L. Bangs, Esquire
302 South 18th Street
Cump Hill, PA 17011
REAGER & ADLER, P,C.
By:
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IN mE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 94-6352
KIMBERLYS. BANZHOFF,
Plaintiff,
GORDON K. BANZHOFF, JR.,
Defendant
CIVIL ACTION. LAW
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this
,tiC
day of <;.<' ~1
, 2002, upon Petitioner's
Petition to Enforce MarituJ Settlement Agreement, a Rule to Show Cause is issued upon
Defendant to show why said relief should not be granted,
Rule returnable in
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days, .f. :> ,....., ~~ \J I'L L ~
BY THE COURT:
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OF lHr: PF)fI ',r.:,OT,.IRY
02 SEP 24 PH 21!1\
CUM8E:.Hlf,i-lU COUNlY
PENNSYLVANIA
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I
411,. "
6. Within ten (10) days, husband shall provide wife with a full financial
accounting of the business operations Identified In the parties' Marital Settlement
Agreement In paragraph 12(a),
7, Within ten (10) days, husband shall provide full accounting of the repayment
of his obligation to his father, Dr, Gordon Banzhoff , including the payments made against
such obligation.
8. Within ten (10) days, husband shall pay to wife the amount of $ 750,00 In
attorney's fees and costs.
9, Within ten (10) days, husband shall pay wife the sum of $500.00 which
represents the remaining reimbursement amount due to wife from her Income tax refund
that the Internal Revenue Service retained to help satisfy husband's 1997 State income tax
Db ligation.
BY THE COURT:
J.
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(a) $100,000,00 to John and Theresa Moore (hereinafter "Moore"); and
(b) $75,616.00 to Mid-Penn Bank (hereinafter "Mid-Penn"),
7. Husband agreed to be solely and completely responsible for both the Moore
and Mid.Penn liens.
8. Pursuant to paragraph 7 of the parties' Marital Settlement Agreement,
Husband was to pay in full the Mid-Penn lien within 60 days of the execution of the Marital
Settlement Agreement or no later than January 16, 1999.
9, To date, the Mid-Penn loan has never been satisfied,
10. Pursuant to paragraph 7 of the parties' Marital Settlement Agreement, the
Moore loan was to be paid no later than June 1 of 1999,
11. To date, the Moore loan has never been satisfied,
12, On October 29, 2001, pursuant to confession of judgment language contained
in the note, Mid.Penn Bank entered a judgment in the amount of $55,916,67 against husband
and wife pursuant to the Mid-Penn loan,
13, Not only has husband failed to satisfy the mortgage against the home, he
failed to make timely payments resulting in the entry of a judgment against the property.
A copy of the judgment is attached hereto as "Exhibit B",
14, Because Husband's breach of the Marital Settlement Agreement and failure to
pay the Mid-Penn Bank obligation, judgment was entered by Mid-Penn Bank, and the
property is now scheduled to be sold at Sheriff's sale on December 4, 2002. A copy of the
Notice of Sheriff's Sale of Real Estate is attached hereto as Exhibit "C".
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15. Pursuant to paragraph 8, of the parties' Marital Settlement Agreement,
husband was to pay wife $5,000.00 on December 1 of 1999,2000 and 2001, While It Is
acknowledged that payments were made In the years 1m and 2000, said payments were
never made In a timely manner or In a lump sum form.
16. Husband has failed to pay the $5,000,00 that was due and payable to wife on
December 1,2001.
17, At the time of the parties separation, husband was In partnership with his
father on four separate tracts of real property,
18, At the time of separation, husband was also a partial owner of three mobile
home parks,
19. Pursuant to paragraph 12 of the parties' Marital Settlement Agreement, wife
was to receive a 10% ownership Interest of husband's share of the partnership properties
owned In conjunction with his father. Petitioner believes these properties may currently be
involved In a bankruptcy filed by Respondent.
20. Pursuant to the terms of the Agreement, wife was to receive either $1,500,00
per month or 10% of the husband's partnership distribution whichever was greater.
21. Husband's obligation to pay this amount was waived until such time as a
separate obligation to his father was paid or until December 1, 2004,
22, In order to remain apprised of this business interest, wife was to receive full
financial accounting of the business operations including, but not limited to, all financial
statements if they are proposed, tax returns when filed and incoming cash flow statements
when prepared,
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23, In addition, wife was to receive an annual accounting of husband's
obligation to repay his father as well as an accounting of all such payments made against the
obligation.
24, To date, husband has failed to provide wife with any type of accounting of
the business operations or the repayment of the debt to his father,
25. Pursuant to paragraph 14 of the parties' Marital Settlement Agreement,
husband was to maintain a term life insurance policy with the face amount of $75,000,00,
naming wife as the irrevocable beneficiary,
26. Husband was to provide wife proof of life insurance on the date of execution
of the Marital Settlement Agreement and annually thereafter.
27. To date, husband has failed to provide proof of life insurance,
28, Pursuant to paragraph 9 of the parties' Marital Settlement Agreement,
husband was to assume the full cost of health insurance for wife.
29, In October, 2001, Husband dropped wife from his health insurance policy.
30, To date, Husband has failed to enlist wife on a new health insurance policy
and wile has been without health coverage since October, 2001.
31. 1'0 date, husband has completely disregarded the terms of the Marital
Settlement Agreement and has completely fulfilled only two obligations contained therein.
32, Pursuant to paragraph 20 of the parties' Marital Settlement Agreement,
husband will be responsible for all legal fees and costs associated with this Petition to
enforce the terms of the Marital Settlement Agreement.
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32. The Internal Revenue Service retained $2,000.00 from Plaintiff's income tax
refund to help satisfy Defendant's 1997 State income tax obligation. Plaintiff has received
from Defendant $1,500,00 but Defendant has failed to reimburse Plaintiff the remaining
$500,00 as he was obligated to do so.
WHEREfORE, Plaintiff requests this Honorable Court to enter an Order enforcing
the terms of the Marital Settlement Agreement by ordering husband to remove the Mid.
PeM and Moore liens from the property, pay $5,000.00 which was due to wife on December
1,2001, requiring husband to provide proof of health insurance and life insurance coverage,
to reimburse wife for all costs and expenses, ordering husband to provide financial
statements regarding the business interests in which wife owns a 10% share, to provide an
accounting of the repayment to his father and to pay all fees, costs and expenses incurred by
wife which at this point total $750.00.
Respectfully Submitted,
Date: q" \ C(y 0&
By:
~AGER & ADI.ER, P,C
\
Joanne Harrison Clough, Es uire
Attorney 1.0. No. 36461
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383' "-
Attorneys for Plaintiff
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C:IOFFICElW PWINlWPDOCs\o(' '6TIClMSAlllanlhoff.maa, "P<1
Noyamba< 18, '098 I
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MARITAL SETTLEMENT AGREEMENt
THIS AGREEMENT, made this l!t1./...... day of /I1av-..~ , 1998, by and
between KIMBERLY S. BANZHOFF of Camp Hill, Pennsylvania, (hereinafter "WIFE") and
GORDON K. BANZHOFF. JR. of Camp Hill, Pennsylvania, (hereinafter "HUSBAND to);
WITN E S S ET H:
WHEREAS, the parties hereto were married on February 19, 1983, in Camp fi1u,
Cumberland County, Pennsylvania; and
WHEREAS, the parties are the parents of three (3) children; Jaime Nicole, born on
January 6, 1977; Jennifer L" born on August 19, 1983 and Kimberly K., born on November 16,
1984jand
WHEREAS, a dh:orce action was filed by WIFE on or about November, 1994, in the
Cumberland County Court of Common Pleas at 94.6352 CIVIL ACTION -LAW; and
WHEREAS, WIFE filed an amended complaint on November 5,1997; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
including, but not limited to: the equitable distribution of the marital property; past, pr>llsent
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
Page 1 of 14
C:IOFFICtlWPWINlWPoOCS\Of' ''3TIClMSAlblInlhoff,nlll,wpd
Novembef 13, 1898 ,
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NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
1. ADVICE OF COUNSt;L.
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor,
Esquire, HUSBAND is represented by Michael Bangs, Esquire,
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their respective legal
rights and obligations or, if counsel has not been consulted, expressly waiving the right to
obtain such knowledge, The parties each acknowledge that this Agreement is fair and
equitable and is not the result of any fraud, coercion, duress, undue influence or collusion,
2, DIVORCE ACTION.
'l'he parties acknowledge that their marriage is irretrievably broken and that they
shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code, The
parties agree to execute Affidavits of Consent for divorce and Waivers of Notice ofIntention to
Request Entry of a Divorce Decree concurrently with the execution of this Agreement,
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties, The parties agree that the terms
of this agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them and specifically referenced in the Divorce Decree, This Agreement shall not
merge with the divorce decree, but shall continue to have independent contractual significance.
Page 2 of 14
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C:IOl'F'CElWPWIN\WPDOCS\O(" ,TIClMSAlbenlho",m.a.Wpd
~ber 13, '888
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3. D,t\TE Of EXECUTIQN.
The "date of execution" or "execution date" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have each executed the Agreement on
the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing this Agreement,
4. MUTUJ\L R~J ,t:AlirtiS.
Each party absolutely and unconditionally releases the other and the estate of the
other from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital relationship or otherwise, including ail rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors and estate from any claims arising by virtue of the marital relationship of the
parties, The above release shall be effective whether such claims arise by way of widow's or
widower's rights, family exemption, or under the intestate laws, or the right to take against
the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or
all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United
States, or any other country.
Exo:ept for any cause of action for divorce which either party may have or claim
to have, each party gives to the other by the execution of this Agreement an absolute and
unronditional release from all claims whatsoever, in law or in equity which either party now
has against the other.
Page 3 of 14
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C:IO'FICElWPWINlWPOOCS\Dr .STI(,'\MSAlbanshoH ,mIa, wpd
Nov""bor 16, 1 sse I
5, FINANCIAL ~p PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial dillclosure
ofthe othe:, as an inducement t.o the execution of this Agreement, Each party understands that
he/she had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have a right to have a court hold hearings and make decisions on the
matters covered by this Agreement, Both paries hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either party upon
the other or by any person or persons upon either party,
6, SEPARATION/NON INTERFER,ENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart, They shall be free from any interference, direct or indirect, by the other in all respects
,\',s fully as if they were unmarried, Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her
may seem advisable, WIFE and HUSBAND shall not harass, disturb or malign each other or
the respective families of each other,
7, R~.AL PROPERTY,
The parties are the joint owners of real property located at 632 Devon Road, Camp
Hill, Pennsylvania 17011, This property is subject to the following liens:
(a) $100,000 to John & Teresa Moore ("Moore");
(b) $75,616 to MidPenn Bank, ("MidPenn"); and
(c) Approximately $3,000 to Pennsylvania Department of Revenue, ("PDR"),
HUSBAND shall be solcly responsible for the payment ofthe Moore, and MidPenn liens,
HUSBAND shall pay in full the MidPenn lien within sixty (60) days of the
Page 4 of 14
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C:\OFFICElWPWINlWPOOCS\lX' 'STIClMSA\benlhoH,m...wpd
NovImOet , 3, 'lMlI I
execution of the Marital Settlement Agreement, HUSBAND shall pay the balance of the Moore
obligation and obtain a mortgage satisfaction piece no later than June 1, 1999, HUSBAND
agrees to execute a Judgement Promissory Note and a Mortgage of the property located at 20
Round Hill Road, Camp Hill, Pennsylvania in the amount of the outstanding Moore balance
concurrently with the execution of this Agreement. HUSBAND and WIFE agree to be equally
responsible for all Pennsylvania Department of Revenue taxes. Each party shall pay one-half
(1/2) the obligation directly to the PDR within sixty (60) days of the execution of this
Agreement, In the event that the amount is paid in full by either party, the paying party must
be reimbursed within thirty (30) days, WIFE shall be solely responsible for the Cumberland
County Real Estate taxes,
At the time of execution of this Agreement, HUSBAND shall transfer his right, title and
intereat in the Devon Road property to WIFE, HUSBAND agrees to execute a deed prepared
by WIFE's counsel effectuating such transfer concurrently with the execution of this
Agreement. The deed shall be held in escrow pending the final payment of the Moore liens as
outlined above.
HUSBAND is the owner of property located at 20 Round Hill Road, Camp Hill,
Cumberland County, Pennsylvania, 17011, which was purchased post separation, WIFE
hereby waives any right, title and interest in said real property except as outlined herein,
8, CASH PAYMENT.
Concurrently with the execution oftms Agreement, HUSBAND shall pay to WIFE
the sum of $40,000, WIFE acknowledges receipt of $7,985, Thereafter, HUSBAND shall
adhere to the following payment plan:
(1.) $5,000 payable to Wllo'E on December 1, 1999;
(2,) $5,000 payable to WIFE on December 1, 2000; and
(3,) $5,000 payable to WIFE on December 1, 2001,
Page 5 of 14
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C:\OFFICE\W PW!NIWPoOCS\DC' -STICIMSAlbanlhoff. m..,wpd
November 18, "~I. I
HUSBAND agrees that the $15,000 future payments will be secured by a
Promissory Note secured by a Mortgage against HUSBAND's real property located at 20 Round
Hill Road, Camp Hill, Pennsylvania, 17011, HUSBAND agrees to execute and deliver to
WIFE, concurrently with the execution of this Agreement, a Judgement Promissory Note and
a Mortgage in a form of acceptable to WIFE's counsel in the amount of $15,000.
9, HEALTH INSlJRA,NCE.
HUSBAND agrees to pay for all health insurance coverage for the minor children,
Jennifer and Kimberly, including all medical, dental and eye coverage and HUSBAND further
agrees to be solely responsible for all unreimbursed medical, psychological, dental, orthodontic
or eye expenses, Beginning December 1, 1998, and continuing until December 1, 2004,
HUSBAND shall assume the full cost of health insurance for WIFE, said health insurance to
be the same coverage as HUSBAND is currently carrying on himself,
10, COLLEGE EmlCATION.
The parties daughter, Jaime, has incurred an outstanding obligation to Penn
State for her college education, WIFE hereby agrees to assume responsibility for said
obligation, HUSBAND hereby agrees to be solely responsible for the post-high sllhooi
education expenses of the minor children, Jennifer and Kimberly, which will include all
expenses associated with tuition, room, board and purchase of books, until they reach their
twenty-third (23'd) birthday,
This financial obligation is deemed reasonable and in the best interests of the
children due to the current financial status of the parties, WIFE's acceptance of this
Agreement is specifically conditioned on the inclusion of this provision, WIFE has no
additional obligation for the payment of post-high school education expenses other than those
obligations indicated in this Agreement.
Page 6 of 14
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O:IOl'FICElWPWINlWPDOCS\DC' '67lCIMSAlbanahoff,";aa,wpd
November '3, Ieee ,
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11, DEBTS.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which WIFE or her
estate might be responsible, and he shall indemnify and save WIFE harmless from any and all
claims or demands made against her by reason of such debts or obligations incurred "y him
since the date of said separation, except as otherwise set forth herein,
WIFE represents and warrants to HUSBAND that, since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which HUSBAND
or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from
any and all claims or demands made against him by reason of such debts or obligations
incurred by her since the date of said separation, except as otherwise set forth herein,
12, BUSINEf;lS.
A, HUSBAND is the owner of the following real property, in partnership with
his father:
(a)
(b)
Scoita/Shawnee, Corry, PA;
Sandy Hill, Butler, PA;
(c)
(d)
Parsons; and
Mahoning Manor,
B. HUSBAND is also an owner ofthe following mobile home parks:
(a) Pinetree, 50% ownership;
(b) Riverview, 50% ownership; and
(c) Edgewater, 40% ownership,
WIFE upon execution of this Agreement, shall receive from HUSBAND a ten(10%)
percent ownership interest in HUSBAND's share of the partnership properties as identified
in subparagraph (A)(a)-(d), WIFE shall receive from her interest in these partnership
properties either $1,500 per month or ten(lO%) percent of the HUSBAND's partnership
distribution, whichever is greater, However, WIFE shall waive any entitlement to receipt of
Page 7 of 14
C:IO'FICElWPWINIWPoOCS\DC' . BTICIMSAlbanshoff,mu. wpd
Novambar 1 e, 1 eee /
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any income from the partnership properties until HUSBAND's personal obligations to Dr,
Gordon Banzhoff are paid in full or until December 1, 2004, whichever shall first occur,
HUSBAND agrees that the obligation to Dr, Banzhoffis in the amount of $438,000 and that
the repayment of this debt shall be made in a timely and regular fashion,
As of the date hereof, HUSBAND shall not, without the prior written consent of
WIFE, which shall not be unreasonably withheld, conditioned or delayed, perform any of the
following acts:
(a,)
(b,)
Vote his interest in the Partnerships in such a manner that would limit
HUSBAND's Partnership Distribution in any material way unless such
limitation is commercially reasonable under the circumstances; or
Vote his interest in the Partnerships in favor of modifying the terms of the
Partnerships' financing in a manner that would materially impair or limit
HUSBAND's Partnership Distribution unless such limitation is
commercially reasonable under the circumstances,
WIFE shall receive full financial accounting of the business operation, including
but not limited to; all financial statements as they are proposed, tax returns when filed, income
and cash flow statements when prepared, WIFE shall also receive annually a full accounting
of the obligation to Doctor Banzhoff as well as the payments made against such obligation,
WIFE shall bear no financial responsibility for the repayment of any and all
obligations against the businesses or the property including HUSBAND's personal obligation
to his father, Dr, Banzhoff, and HUSBAND shall indemnify and hold WIFE harmless from said
obligation,
The payments as described herein shall continue to WIFE lllltil such time as
HUSBAND's interest in the partnership properties are transferred or the partnerships are
dissolved, Upon the happening of either event, HUSBAND shall pay to WIFE, within ten (10)
Page 8 of 14
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C:IO'FICElWPWINlwpoocS\Or 'STIClMSAlbanshoH ..,.,s., wpd
Novannba,1e, lSS~ ,
days of the transference or dissolution of the partnerships, ten (10%) percent of HUSBAND's
net proceeds from said transference or dissolution (after deducting ordinary and customary
closing expenses),
The parties acknowledge that the provisions of Paragraph #12 of this Agreement may
violate portions of a certain loan agreement entered into by the partnerships on or about
October 3, 1997, with Nomura Asset Capital Corporation, said loan having an original
principal balance of Three Million Two Hundred Forty Thousand ($3,240,000,00) Dollars, In
the event that the partnerships receive notice that Nomura is declaring a default under the
terms of the loan agreement all a result of the provisions contained in this paragraph, this
portion of the Agreement between the parties shall automatically terminate and be of no
further force and effect. Upon the happening of such an event, HUSBAND agrees to pay to
WIFE alimony, in an amount of $1,5000.00 per month, or ten 00%) percent of HUSBAND's
partnership distribution, whichever sum is greater, In no event shall these payments
commence earlier than the satisfaction of all personal obligations of Dr, Gordon Banzhoff or
December 1, 2004, whichever occurs first, These payments shall continue until such time as
HUSBAND dissolves the partnerships or transfers his interest in the partnerships, Upon the
dissolution or transference of his partnership interest, HUSBAND shall pay to WIFE an
amount equal to ten 00%) percent of the net proceeds from such sale or distribution (after
deducting ordinary and customary closing expenses) as a lump sum alimony payment.
13, BANKRUPTCY
In the event that HUSBAND files for bankruptcy within six (6) years of the date
of this Agreement, this Agreement shall constitute conclusive evidence of the parties intent
that the obligation in paragraph #14, in the nature of support and maintenance and is not
dischal'ged in bankruptcy under the current bankruptcy law or any amendment thereto,
Further, if HUSBAND institutes an action in bankruptcy or any other banknlptcy proceeding
is instituted in which WIFE's right for alimony becomes a matter for judicial review,
HUSBAND agrees to any motion filed by WIFE with the bankruptcy court requestinll that the
Page 9 of 14
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C:\O'FIC~WPWIN\WPoOCSIOC" "6TIC\MSAlbanahoff,ma.,wpd
November '3,1881 ,
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bankruptcy court abstain from deciding the dischargeability of this alimony obligation and any
other obligations due hereunder in order to allow the Cumberland County Court of Common
Pleas to rule on the issue, If for any reason, HUSBAND is successful in having any obligation
contained in this Agreement discharged in bankruptcy 01' if any payments made to WIFE in
alimony or in lieu of property settlement are deemed a preference by a court of competent
jurisdiction in bankruptcy, then the parties agree that this Agreement shall be null and void
as a resolution of WIFE's pending economic claims in the divorce action filed in the
Cumberland County Court of Common Pleas including WIFE's claims for equitable
distribution, alimony pendente lite, alimony, counsel fees and costs or any other matt.er raised
by WIFE as a party in the enforced action, Any relief of HUSBAND's other obligations arising
out ofthe marriage shall also be null and void, With the effective date that the HUSBAND's
obligations cease due to bankruptcy discharge or the effective date of any order requiring
repayment of alimony by WIFE is a preference in bankruptcy, WIFE shall have the right to
prollecute the right to her economic claims in the divorce action as if this Agreement had not
been entered and any order of support shall be effective retroactive to the date of discharge or
date of receipt of any payment WIFE is required to repay,
14, SUPPORT
HUSBAND shall pay WIFE support beginning the month following the execution
ofthe Marital Settlement Agreement and continuing for six (6) years, Said payments shall be
made through the Domestic Relations Office of Cumberland County, For purposes of
allocation, the parties will exchange information regarding gross income November 1st of each
year, Child support will be determined by the support guidelines, The remainder of the
support payments will be allocated as alimony,
The support payments will be as follows:
(a,) November 1, 1998 - November 1, 1999:
$700 as Child Support, $300 as Alimony;
(b) November 1, 1999 - November 1, 2000:
$1,000 per month,
$1,100 per month;
Page 10 of 14
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C:IO'FICElWPWINlWPoOCSloC' STICIMSAlban.ho~,m..,wpd
Novamba, 16, 1996 ,
(e) November 1, 2000 - November I, 2001:
(d) November I, 2001- November 1. 2004:
$1,200 per month;
$ 1,300 per month.
The alimony portion shall be determined by the above calculation, Alimony may
not be modified except by the above calculation and alimony and child support must be
equivalent to the payments herein described, Alimony shall not terminate upon the
remarriage, cohabitation or death of WIFE or death of HUSBAND,
Payment of this support obligation will be secured by the purchase of a term life
insurance policy on HUSBAND, Said policy will have a face amount of $75,000 and will name
WIFE as the irrevocable beneficiary, This policy shall be maintained until all obligation for
support hereunder have been satisfied, HUSBAND shall provide WIFE proof of insurance on
the date of execution of the Marital Settlement Agreement and annually thereafter,
The parties agree that the portion of these payments allocated as alimony shall
be taxable to WIFE and deductible by HUSBAND, The parties further stipulate and agree
that said alimony payments are necessary for the support and maintenance of WIFE and
without the aforesaid alimony, WIFE will not have sufficient income to maintain herself and
provide for the support of the minor children,
15, ATTORNEY FEES. CO{]6.T COST~.
Each party hereby agrees to be solely responsible for his or her own counsel fees,
costs and expenses, Neither shall seek any contribution thereto from the other party except
as otherwise expressly provided herein,
16, WAIVER OF RIGHTS.
Both parties hereby waive thl'J following procedural rights:
(a) The right to obtain an inventory and the appraisement of all
marital and non.marital property;
Page 11 of 14
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Novamber '3, lM8 ,
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(b) The right to obtain an income and expense statement of
either party;
(c) The right to have all property identified and appraised;
(d) The right to discovery as provided by the Pennsylvania
Rules of Civil Procedure;
(e) The right to have the court make all determinations
regarding marital and non-marital property, equitable
distribution, spousal support, alimony pendente lite,
alimony, counsel fees and costs and expenses.
17, MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents,
18, VOID CLAU~.
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement, and in all other respects this Agreement shall
be valid and continue in full force, effect and operation,
19, APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania,
20. ~TTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and the
other party retains counsel to assist in enforcing the terms thereof, the breaching party will
pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs,
if applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution, It is the specific
PaGe 12 of 14
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C:IOI'P1CElWPWINlWPDOCSI[)(' BTlClMSAlblnshoff,mll,wpd
Nowmber 13, ,we ,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS.
On the I to Y-it. day of ~ ~A...J , 1998, betbre me, a Notary Public
in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared
Kimberly S. Banzhoff known to me (or satisfactorily proven) to be one of the parties
executing the foregoing instrument, and she acknowledges the foregoing instrument to be her
free act and deed,
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and
year first above written,
~dL 7J{. 7Iam-~
Notary Public
My Commission Expires:
NoIariaJ Seal
UnclIl M, HIIII1IIlOIl, Notary Public:
~ Hill 8oro. Cumllert.ncl Co<Jnty
~ eommluicln ExpirM Fib, 28, 20() 1
1IImtlsr, PtnnsyMnia AsIceIatIon 01 NoWilll
COMMONWE~TH OF PENNSYLVANIA
COUNTY OF UU1\.llitLCt IJ- :88,
\iJU [I ~'
On the lJ' day of . . 199.u..." before me, a Notary Public in and for
the Commonwealth of Pennsy vania, the undersigned officer, personally appeared Gordon
K. Banzhoff, Jr., known to me (or satisfactorily proven) to be one of the parties executing the
foregoing instrument, and he acknowledges the foregoing instrument to be his free act and
deed,
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and
year firllt above written,
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Notary Publi
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My Commis 'on Expires:
NCnMW IIA&
WINDr .. a'lI.G. ......, .....
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Mr c-.-"1I1ldM...... M., 10, ''''
Page 14 of 14
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Certifico que la slaulente direccion es la del defendldo/a seaun Indicada en el cenlficado
de resldel~ia:
Judament In the amount of $55,916,67 which includes interest to October 8, 2001.
Gordon K. Banzhoff, Jr.
245 25'" Street
Camp Hill, PA 17011
Kimberly S, 8anzhoff
632 Devon Road
Camp Hill, PA 17011
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hristian S. ir,
Abogado del Deman e
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), You may be able 10 stop lh.e sale througb other legal pro<:eedlngs,
You may tiled 11\ atlOrney 10 usert your r!abU, The sooner you contacl one, the more chance
you will bave or 'lOpplng the .ale, (See notice below 10 find out how 10 obtain an attorney,)
YOU MAY STII.L BE ABLE TO SAVE YOUR PROPERTY, AND YOU
HAVE OTHER RIOIITS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE,
I. Ir the Sherirr's Sale Is not SlOpped, your property will be sold 10 th. hlghesl
bidder, YOt, may find oUlthe price bid by callin& the Sheriff at the county courthouse,
2, You may be able 10 petition the Courlto set ulde the sale if the bid price
WII grotely UwlequalAe compared 10 the value of your properly,
), Tbe sale will go through only if the buyer pays the Sheriff the full amounl
due in llle .ale, To find OUI if this bas happened. you may call the Sheriff at the county
courlbotlM. wbich number Is listed below,
4, Ir the amount due from the buyer Is nol paid 10 the Sherifr, you will remain
llle ownar or the propeny II if the sale never happened,
5, You bave a right 10 remain in the property until the full amounl due Is paid
10 the Sh.erlff and the Sheriff gives a deed 10 the buyer, Al thaI lime, the buyer may brine
legal proc:eedines 10 evicl you,
6, You may be enlitled 10 a share of the money whicb was paid for your house,
A schedule of distribution or the money bid ror your bouse will be filed by the Sheriff within
thirty (30) days or the dale or the sale, This schedule will stale who will be receiving that
money, The money will be paid out in accordance with this schedule unless exceptions
(rwolll wby the proposed disuibullon II wrong) are flied with the Sheriff within len (10) days
after sale dale,
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7, You may liso have other rlabt' and defenses, or ways of afttina your boule
btck, if you let immediately after !be lale,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP,
Central PeDl1l1IYSll1a Lawyer Refernl Servl(ll
%13 North Frollt Stnat
HarrlabllrJ. PA 17101
1-8000932.0356
TbIl SIwItf'1 phone number Is: 240-6390
Christian S, Daablr, Esquire
105 North Flont Street
Harrlsbura, PA t7101
(717) 234.'600
AtlOr~y for Plaintiff
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~ ~HA~ CER~A1K lot of l.nd .itu.t. in the BorOU.n o!
Hill!. county o! cuab.rl.nd .nd coaaonw..lth o! f.n~ylv.ni.,
part oula%lY bOund.d .nd d..oribad a. follow" to witl
II01tnl111G at . point on tn. w..urlY line of the eirol. .t t.".
north.rn .nd of O.von Road. at the .outh.:lv line of land. now or
lata of larl W. lien.lba:..: and Do:otny Ilehalb.:.a:. nil wifal
thano. .outhwardly .lonq .aid cirole, by . eurv' to tn. l.ft ·
radiu. of 50 f.at. .n .:e di.t.nc. of 44.45 !..t to · point; th.ne.
alon9 tha w..ta:n line of oavon \l.c.d. south 20 d.9r.a.. SO .inut..
I..t, 25 hat to a pointl th.ne. south 73 d...re'" 17 ..inute. w..t,
.10n9 the north.:n lina of LOt Ko. 11, on the hereinafter ..ntion.d
pl.n. 292.22 f..t to a point; th.ne. alOn. l.nd' noW 0: l.t. of
11a.r ~. sehimm.l and M.rqu.rit. H. seni.....l. hi. wif', K~:th 21
d.qr.... " .inut.. Wa.t. 190.11 f.at to a point; th.ne. by land.
noW or lata or fors.rlY of larl .nd DorothY tieh.lbarqar, south I'.
d.qr.... 50 ainut.. I..t. 121.1S fa.t to tn. pl.e. of ,ZGtKIIING.
cup
.ora
IIING the qr..t.r part of LOt NO. 17 .nd . ...all portion of
Lot NO. 16 on the fl.n of country Club H.~9nt., .aid Plan bainq
r.cord.d in the o!fie. of tll. R.CO:d.: o! Dead. in .nd for
cuab.rl.nd County in Pl.n Beok 4, f... 70, .. .u:v.y.~.bY o.P,
R.ff.n.p.:..:, R..L.t.rad survoyor, Juna 5, 1958.
RAVING th.r.on or.ct.d a brick and .lu:inum dvallin. known a.
6]2 Oavon Ro.d,
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WJUT 0' IXJ:CVTION .odI., A Tl ACHMINt
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COMMONWEAL TK 0' PENNSYLVANIA)
eoUNO' OF CUMBERLAND)
NO 01-6'" Clvn
CIVIL ACTION - LAW
TOT1lB SHEltlFF OP CIlMaIIlLAPID COUNTY:
T. IIlIofy .... d.b~ ......,llld c.... duo MID FINN BANK, PI.I.Uft (.)
,_ GORDON K. BANZHorr, 1R..14U5TH ST,. CAMP HlLL,'A 11011 AND JaMBIRLV
"IIANZHorr. 631 DEVON ROAD, CAMr KILL, PA 11011
(I) V.. or. dlrtclocllO!tvy......... povptny ollbo d.I..d.., (.)1IId IO..U 511 LIGAL
DUCIUPlION,
(2) Vou lit .110 dlrtclocllO .lIOCb lb. propaty ollbo d.r.odan~.) no. 1..I.d..... in .... p......io.
.r
o.uNISHEI!(S) II CoUo.,,,
IIId 10 ~ .... pnliabu(.) lbot (.) .. .lIIcbmoDl boo boo.. Iollld; (b) .... """'",,<0) i& .1\I....d_
"""_1 dobt 10 or Cor .... 1Ce0000..r.... dof._ (.) ond from t1tllvtrinl my pr.pmy .f.... do_
(.) or OIbotwiM ~lnI-t,
(l) U~ of.... oIIl1tndur(.) nollo.iod....... .ubJ'c, to IlIachmcnllllbund I..... po.....,...
.f llYO" _ .......llIDlId pnlia...., YO. u. dinclld 10 noul')' IWnIbor dlal boI.bo bu ..... oddod II .
......... ond to ol\l.lnacIu obovt .....11.
_Duo 1~IU1
....... ,.OM ItIMIl TO "!I02 . 13,519.1.
AIIl'" Comm %
Ally .Iid InOt
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0tlI: .roL Y '. 200]
L,L, l.so
Duo Prodly 11,00
0Ib0r Ol...
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CtIIll1S It. LONG
ProlbollOlUy
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o.PU'Y
QQl1IlST1NO PARTY:
1'1... CIIIUSTIAN S. DAGIDR, ISQIIIJI&
AdrIn..: IOS 1'1, nONT STIIU'f
s.....'auaG,.A 11011
A_1 for: .LAlNTIR
T.JcpIIo..: 717.1]...._
Supnroo Olllrl ro 1'1., 47741
TRUI COP\' FROM RECORD
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Real Estate Sale 1# 01
On AUJUIt 8, 2002 the sheriff levied upon the
defendant's interest in the real property situated in
Camp Hill Borough, Cumberland County, PA
known and numbered as 632 Devon Road, Camp Hill,
more fully describtd on Exhibit "A" filed with this
writ and by this reference incorporated herein,
Date: August 8, 2002
By0od.Jj~
Real Es;aJ Deputy
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KlMBERL Y S. BANZHOFF. ) IN THE COURT OF COMMON PLEAS .
/1 P1aintitTIPetitioner ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
I' ' vs. )
1",,\, ) NO. 94.6352
OORDON K, BANZHOFF, JR.. )
Defendant/Respondent ) CIVIL ACTION - LAW \
) IN DIVORCE
ANSWER TO PETITION TO ENFORCE M~R1T AL SETfLEMENT AGREEMENT
AND NOW comes the Defendant/Respondent, Gordon K. Banzhoff. Jr,. by and throuah
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his counsel. Michael L, Bangs. Esquire. and provides the following Answer to Petition to
,!
Enforce Marital Settlement Agreement;
, 'I
1, Admitted,
2, Admitted.
3. Admitted,
4, Admitted,
II I
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5, Admitted,
6, Admitted,
7. Admitted,
8, Admitted,
9, Admitted, However. a significant payment had been made towards the Mid-Penn loan
and currently there is much less due than the amount entered as a judgment. The lII1Iount due
and owing as of November 16.2002. is $18.961.53,
10, Admitted,
11, Admitted, Rcspolldent has made numeroUS attempts to get the Moore loan removed
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as II lien against the property but ,he Moores will not respond, 'fhe Moore! have never iuued
IAfWDtlJPP ~Nll/i" l'Q Mmr.IH nllli~l'I NAlltTAI. unu"'NT ~ua.I""1il' I Dlttk 'II'
any judgment or writ of execution Ilgainst the property and have essentially been non-responsive
to any request to have it removed.
12, Admitted in part, It is admitted that Il confession of judgment was elllered, The
amount currently owed, however, is $18,961.53.
13, Admitted in part, It is admitted that Husband has failed to satisfy the mortgage and
that as a result of failure to makc some payments, a judgmcnt has been entered, However,
payments havc been paid towards the mortgage since the date of the Marital Settlement
Agreement.
14, Admitted,
15, Admitted,
16, Admitted,
17, Admitted,
18, Admitted,
19, Admittcd in part, Paragraph 12 of the Marital Settlement Agreement speaks for
itself, Thc obligation for Wifc to receive ten (10%) percent interest was not to be realized until
such timc as Dr, Gordon BanzhofTwas to be paid in full, Dr, Gordon BanzholThas never been
paid in full and will not be paid in full as a result of the bankruptcy proccedings involving all of
the partnership assets,
20, Denied as stated, The terms ofthc agreement spcak for itself, Specifically, Wife
does not receive the $1.500,00 pcr month or tcn (10%) perccnt ofthc Husband's partnership
distribution until thc happening of cithcr Dr, Gordon Banzhoft" being paid in full or until
December I, 2004, ~'urthermore. thc obligation ceases upon the transferencc oflhc partnership
2
IAHt*... MlIW.. lU I'lIll11ON 11) 11""1#1"11 MUll AI. UrrUMlihT MiUl:MIINf IlJl~ ~l
or its dissolution, Dr, Gordon Banzholl' has never been paid in full, The partnership was subject
to a Chapter II bankruptcy case which has now been involuntarily turned into a Chapter 7
bankruptcy, All of the assets of the partnership havc been subject to control by the bankruptcy
trustce for multiple years and at this time it appears that all of the assets of the partnership will be
liquidated to satisly the creditors, Therc will be no partnership interest left to satisfy Dr, Gordon
Banzholl' or to be rcceived by Rcspondcnt herein,
21, Admitted, Ilowevcr. no payment:; have been made to Dr, Gordon Banzhoff, The
partnership was subject to a Chapter II bankruptcy case which has now been involuntarily
turncd into a Chapter 7 bankruptcy, All of the assets of the partnership have been subject to
control by thc bankruptc)' trustee for multiple years and at this time it appears that all of the
assets of the partnership will be liquidated to satisly the creditors, There will be no partnership
interest left to satisly Dr, Gordon Banzholl' or to be received by Respondent herein,
22, Admitted, It is admitted that the agrecmcnt provides lor this type of accounting,
Howevcr. thc partnership interests were taken over by the bankruptcy trustee several years ago
and there lore the accounting was not rcadily available to Respondent.
23, Admitted, It is admitted that thc agreement provides lor this type of accounting,
However. the partnership intcrcsts were taken over by thc bankruptcy trustee several years ago
and thcrcfore thc accountings were not readily available to Husband,
24, Admitted in part, It is admitted that Husband has not provided Wife with any type of
accounting ot'the bllsincss operations or repayment of the debt to this father, The partnership
has been subject to a Chapter II. reorganizution. and is undcr thc control of the bankruptcy
3
""",*,,, AH..... roPl'IT1CJH ,.., IN,,,I(". MA.lIt'A1. qrn.....NT A.OA.~", I DIU. 'lU
trustee tor several years which has now been involuntarily convened to a Chapter 7. liquidation,
The debt to the Iilther has not been paid and no payments have been made for several years.
25, Admitted,
26, Admitted,
27, Admitted,
28, Admitted in pan, It is admitted that Husband was to assume the full cost of health
insurance tor Wife, Husband made payments to Wife lor her own health insurance at the rate of
$300,00 per month, Hasband was told by Wife that she was securing her own health il1:lurance
and that was the amount of the payment that he was making for that health insurance policy,
29, Admitted in part. It is admitted that Husband was to assume the full cost of health
insurance lor Wile, Husband made payments to Wile lor her own health insurance at the rate of
$300.00 per month, Husband was told by Wife that she was securing her own health insurance
and that was the amount of the payment that he was making for that health insurance policy,
30, Admitted in part. It is admitted that Husband was to assume the full cost of health
insurwlce tor Wile, Husband madc paymcnts to Wile for hcr own health insurance at the ratc of
$300,00 per month, Husband was told by Wile that shc was securing her own health insurance
and that was thc amount of thc payment that he was making for that hcaltl& insurance JXllicy,
31, Denied as s'ated, Husband has not disregarded the terms of the Marital Settlement
Agreement and has made some ellort to enforce its tcrms, However. givcn the severe financial
straights that have occurred as a rcsult of the bankruptcy of his sole sourcc of income. he has
been unable to complcte all of thc terms contained therein,
"
IANi!HOfY ANI.... 'JI) PlTITIl.IN ro lm.aca M,Ul1oU, um...,.,. .wa....HT IlH"- 511
32. Denied os slated, Paragraph 20 permits the imposition of attorney's fees if theR is a
bRach, Husband denies that he has voluntarily breached the tenns of the agRement. 1 f any
breaches havc occurred. it is liS II result of the bankruptcy proceedings and not through the fault
of Respondent. Furthermore, Respondent reserves the right to review thc claim for the
reasonableness of the attorney's lees requested,
33. Admitted,
WHEREFORE. Respondent requests this Honor:lble Cnun 10 deny Petitioner's request
for relief therein in light of the severe linancilll hardships that have occurred to Respondent.
Respectfully submitted,
/)
Vi~~W 7
MICHAEL L. BA "
Attomey for Respon
302 South 18th Street
Camp Hill. PA 17011
(7\ 7)730- 7310
Supreme Court ID #41263
5
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VERIFICATION
I hereby verify that the statements made in the foregoing Answer to Petition to Enforce
Marital Settlement Agreement are truc and correct. I understand that false statements herein are
made subject to the penalties of IS Pa, C,S, Scction 4904. relating to unsworn falsification to
lIuthorities,
Date:
GO
6
.~ ","wu TQPlTlTlIJf'II ro Il'IIlJ(ltll"l MAAITAL IIlTUMIHT MlUUCNlll)(1al. "-,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the loregoing Answer to Petition tp
Enforce Marital Settlement Agreement by depositing a copy of samc in the United States mail.
postage prepaid. at Camp Hill, Pennsylvania, addresscd to the following:
Joanne Harrison Clough, Esquire
Reager & Adler
2331 Market Street
Camp Hill, PA 17011
DATE:~
L ttc4 (( ~ uJkzO.
WENDY S. CHES RO
Legal Assistant
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 94.6352
KIMBERLY S, BANZHOPF,
PlIlintiff,
GORDON K. BANZHOFF. JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ft, ORDER
AND NOW, thiS.!t- day of -1J D U ~ .....l\cJ ,2002, upon Petitioner's Motion for
IlJlm:diate Hearing on the Petition lor En~rgency Relief. a hearing is scheduled for the lia
day of 1..7'1J14Wn1 uA/ ,2002, at 3:.:0 _ o'clock -f-,m in the Cumberland County
Courthouse, -I- Aoor, Carlisle, Pelillsylvania,
BY THE COURT:
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I, KIMBERL \' S. FoANZHOFF, verity that the statements made in this Motion are true
WId correct to the best of my knowledge, infom1atioll and belief,
I understand that false state11llmts herein are made subject 10 the penalties of 18 Pa,C.S,
Section 4904, relating 10 unsworn falsification to authorities,
Date:
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K~BERLYS. ANZHOFF
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REAGER & ADLER, PC
2331 Market Street
Camp Hill, PeMsylvania 17011
(717) 763-1383
i11'i/l~ 11II
November 14, 2002
Kimberly S. Banzhoff
632 Devon Road
Camp Hill, PA 17011-1620
FOR LEGAL SERVICES RENDERED:
8/30/02 Follow-up consultation in regards to
Petition for Special Relief 1.00 hours@$150,oo- $ 150.00
9/10102 Telephone call to client rcgarding status
of Petition for Special Relief ,20 hours@ $150,00" 5 30,00
9/12/02 Amend Draft Petition to Enforce
Marital Settlement Agreement ,80 hours @ 5 65.00" 5 30.00
9/12/02 Telephone call with client ,20 hours @ 5150.00 '" 5 30.00
Review draft Petition ,30 hours @ 5150,00" 5 45.00
9/13/02 Meet with Kimberly to review Petition to
Enforce Marital Settlement Agreement ,50 hours @ 5 65.00" 5 32,50
1 0/03/02 Telephone call to opposing counsel
regarding Petition for Special Relief ,30 hours @ 5150,00" 5 45,00
Correspondence to client ,20 hours @ 5150,00 '" $ 30.00
10/04/02 Telephone call regarding status of
Sheriffs sale ,20 hours @ $150,00" 5 30,00
10/11102 Telephone call to opposing counsel
regarding non-payment of child support ,20 hours @ 5150.00" 5 30,00
'. - .'
10/21/02
10/29/02
11/04/02
11108/02
11/14/02
10/29/02
Correspondence to opposing counsel ,20 hours @ $IS0,OO = $ 30,00
Review correspondellcc from opposing
counscl and Answer to Petition;
Correspondence to clicnt .40 hours @ $IS0,OO = $ 60,00
Draft Motion for Immediate Hearing ,80 hours @ $ 65,00 = $ 52,00
File Motion for Immediate Hearing at
Cumberland Coullty Courthouse 1.40 hours @ $ 65,00 = $ 91.00
Telephone call with client ,20 hours @ $1 SO,OO = $ 30,00
Review Motion for Hearing with paralegal ,20 hours @ $ISO,OO = S 30,00
Telephone call with opposing counsel ,20 hours @ $IS0,OO = S 30,00
Telephone call with client regarding status ,20 hours @ $150,00 = S 30,00
Telephone call with Deb Cantor ,30 hours @ $150,00 = $ 45,00
Telephone call with client ,20 hours @ SI50,OO = S 30,00
Review File ,20 hours @ $180,00 = $ 36,00
Telephone call with c1i~nt ,50 hours @ $180,00 = $ 90,00
Travel to and representation at hearing 2,00 hours @$180,OO= S 360,00
2.7 HOURS @ $180.00 HOUR = $486.00
4.5 HOURS @ $150.00 HOUR = $675.00
3.5 HOURS @ $ 65.00 HOUR a $217.50
Copies
Postage
Travel Expense - Cumberland County Courthouse
23,85
5,92
.l.2.2l
Total Expenses
42.70
AMOUNT NOW DUE:
$1,431.20
INTEREST OF I % PER MONTH WILL BE CHARGED AFTER 30 DAYS
PLEASE RETURN ONE COPY WITH REMITTANCE
. .. .
I
KIMBERLY S, BANZHOFF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
GORDON K. BANZHOFF, JR"
Defendant
CIVIL ACTION - LAW
IN DIVORCE
94-6352 CIVIL TERM
ORDER OF COURT
AND NOW, thio 14th day of November, 200~, upon
consideration of Plaintiff's Petition To Enforce Marital
Settlement Agreement which is the subject of this proceeding,
following a hearing, and the Court finding the Defendant has
failed to comply with the terms of the said marital settlement
agreement, and that certain exigencies are facing the Plaintiff
which will cause her to lose the marital residence at 245 North
25th Street, Camp Hill, Cumberland County, Pennsylvania, as of
December 4, 2002, unless a payment of $12,200 is made to Mid-Penn
Bank, and which have caueed her to be without medical insurance,
the petition is granted to the extent that it is ordered that
within 14 days cf today's date the Defendant pay the sum of
$12,200 to Mid-Penn Bank for purposes of preventing the
foreclosure of the mortgage on the home, and that he within such
period pay the sum of $300 to Plaintiff. for purposes of permitting
her to secure health insurance. In entering this order, the Court
has concluded that sufficient resources are available to the
Defendant to accommodate this minimal order,
In addition, within 6 months of today's date,
Defendant is directed to pay the sum of $300 to Plaintiff for
attorney's fees associated with this proceeding,
In the event that the sums required under this order
within 14 days of today's date have not been paid, the court will,
on an emergency basis, entertain a petition fo~ contempt.
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CUM8EHL.~NI.I f.X.)UNTY
PENNSYLVtll'1IA
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By the Court,
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Debra Denison Cantor, Esquire
~331 Market Street
Camp Hill, PA 17011-4642
For the Plaintiff
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
For the Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND CO" PENNSYLVANIA
NO, 94-6352
KIMBERLY S. BANZHOFF,
Plaintiff,
GORDON K. BANZHOFF, JR"
Defendant
CIVIL ACTION - LAW
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this
IX tL
day of ])~rl' .......l.xL2002,uponPetitioner's
Petition for Contempt, a Rule to Show Cause is issued upon Defendant to show why said relief
should not be granted,
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BY THE COURT:
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GORDON K. BANZHOFF, JR.,
Defendant
CIVIL ACfION - LAW
IN DIVORCE
,
KIMBERLYS. BANZHOFF,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 94.6352
v.
PETITION fOR CONTEMPT
AND NOW comes Petitioner Kimberly 5. Banzhoff, by and through her counsel,
Reager & Adler. PC, and petitions this Court for contempt as follows:
1. On November 14, 2002, this Court enter~d an Order requiring Respondent to
make a payment of $12,200.00 to MidPenn Bank for purposes of preventing the foreclosure
on the mortgage of the home. Said Order is attached hereto as Exhibit" A."
2. In addition, pursuant to the Order dated November 14, 2002, Respondent was
to pay to Petitioner the sum of $300.00 for the purposes of securing ht:alth insurance.
3. Respondent had fourteen (14) days from the date of the Order In which to
make such payments.
4. On Friday, November 29, 2002, Respondent made payment to Petitioner In the
amount of $8,000.00.
5. Petitioner endorsed this check to MidPenn Bank. Petitioner was Informed by
MidPenn Bank that Respondent's check bounced and that PNC confirmed that there were
insufficient funds to fulfill the $8,000.00 payment.
6. 'fo date, Respondent has failed to make the additional payment of $4,500.00.
Respondent is in contempt of this Order and Petitioner requests this Honorable Court to
make a finding of contempt.
.
. .
WHEREFORE, Petitioner requests this Honorable Court to make a finding of contempt,
order Respondent to pay all fees, costs alld expenses incurred by wife, and any and all other
remedies allowed by law.
Respectfully Submilled,
REAGER & ADLER, P.C.
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EXHIBIT 'W"
KIMBERLY S. BANZHOrF,
Plaintiff
I~ .riE COURT OF COMMON PLEAS OF
CUMBER~~ COUNTY, PENNSYLVANIA
v.
GORDON K. BANZHOFF, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
94-6352 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of November, 2002, upon
consideration of Plaintiff's Petition To Enforce Marital
Settlement Agreement which is the subject of this proceeding,
following a hearing, and the Court finding the Defendant has
failed to comply with the terms of the said marital settlement
agreement, and that certain exigencies are facing the Plaintiff
which will cause her to lose the marital residence at 245 North
25th Street, Camp Hill, Cumberland County, Pennsylvania, as of
December 4, 2002, unless a payment of $12,200 is made to Mid-Penn
Bank, and which have caused her to be without medical insurance,
the petition is granted to the extent that it is ordered that
within 14 days of today's date the Defendant pay the sum of
$12,200 to Mid-Penn Bank for purposes of preventing the
foreclosure of the mortgage on the home, and that he within such
period pay the sum of $300 to Plaintiff for purposes of permitting
her to secure health insurance. In entering this order, the Court
has concluded that sufficip.nt resources are available to the
Defendant to accommodate this minimal order.
In addition, within 6 months of today's date,
Defendant is directed to pay the sum of $300 to Plaintiff for
attorney's fees associated with this proceeding.
In the event that the sums required under this order
within 14 days of today's date have not been paid, the court will,
on an emergency basis, entertain a petition for contempt.
.
By the Court,
"
J,
Debra Denison Cantor, Esquire
2331 Market Street
Camp Hill, PA 17011-4642
For the Plaintiff
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
For the Defendant
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In T8It1nlOl1Y whjj(uo:, I tJIllIO UI.!" ~ rtl'/ IW/lO
and till Ill! 01 said Court at Cat~. PI.
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KIMBERLY S. BANZHOFF, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
GORDON K. BANZHOFF, JR.,
Defendant NO. 94.6352 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR CONTEMPT
ORDER OF COURT
AND NOW, this 25'" day of February. 2003, upon consideration of the attached
letter from Debra Denison Cantor, Esq., attorney for Plaintiff, the hearing previously
scheduled for February 25, 2003, is continued generally,
COUNSEL ARE directed to contact the court if they desire a hearing in this
matter.
BY THE COURT.
.
Debra Denison Cantor. Esq..
2331 Market Street
Camp Hill. PA 17011
Attorney for Plaintiff
Michael L. Bangs. Esq.
302 South IS'" Street
Camp Hill. PA 17011
Attorney for Defendant
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REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL. PENNSYLVANIA 17011.4642
717.763.1383
TELEFAX 711.130.7366
WEDSITE: R..gerAdlerPC.com
THEODORE A. ADLER.
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA OENISON CANTOR
THOMAS O. WilLIAMS
SUSAN H. CONFAIR
JOANNE HARRISON ClOUGH
SUSAN J. SMITH
DOUGLAS P. LEHMAN
. CerUfted ClvU Trilll Spedalhtt
WrlNir'1 E.Mail Add,..... ddlnlIOf1Cepl...net
February 24, 2003
YIA FACSIMII E AND FIRST ('( ASS MAli
Honorable J, Wesley Oler, Jr.
One Courthouse Square
Carlisle, PA 17013-3387
RE: Banlhofh. Banzhoff
Docket No.: 94-6352
Dear Judge Oler:
This letter is to advise you the parties believe they may have resolved the issues involved in the
contempt hearing scheduled for 3 p.m,. on February 2S, 2003, Therefore, the parties are requesting a
general continuance of this matter as we finalize the settlement.
Your cooperation is greatly appreciated,
DDC/drb
cc Michael Bangs, Esquire
Kimberly Banzhoff
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.
KIMBERLY S. BANZHOFF, IN 'rHE COURT OF COMMON PLEAS OF
plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
1~4.{Z--
GORDON K. BANZHOFF, JR., ~~~
Defendant 94-~CIVIL TERM
IN RE: CONTEMPT
ORDER OF COURT
AND NOW, this 29th day of November, 2004, upon
consideration of Plaintiff's Petition for Contempt and To Enforce
Marital Settlement Agreement, and following an additional period
of hearing, dnd the Defendant having been adjudicdted in contempt
on October 14, 2004, the sanction of the Court is as follows:
1. Judgment is entered in favor of the
Plaintiff, Kimberly S. Banzhoff, and against the Defendant,
Gordon K. Banzhoff, Jr., in the amount of $201,531.00, plus
interest at the legal rate from today's date; this judgment
includes attorneys fees, alimony and support arrearages to date,
college tuition for the parties' children, and the amount of two
promissory notes. The alimony component of this judgment figure
is $26,989.00, and the college tuition component of the judgment
figure is $59,301.00.
2. The Defendant is sentenced to undergo
imprisonment in the Cumberland County Prison for a period of
3 months, The conditions of purge with respect to this sentence
are that the Dl!lfendant ref.rain from encumbering, transferring or
otherwise diminishing in value any assets in which he has an
interest without the written consent of Plaintiff's counselor
prior approval of Court, that any receipts from settlements of
clalms in which he has an lnterest be immediately deposited in
the OfiicH of the Prathc~otary of the Court af Common Pleas of
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Cumber land County to the extent of the Defendant's share of the
recovery; that the Defendant cooperate in all respects in defense
of a certain mortgage foreclosure action with respect to the
p~operty being occupied by Plaintiff; and that here~fter, without
fail, he pay the sum of $1,500.00 per month as provided for in
the parties' Marital Settlement Agreement.
By the Court,
,Ahn Purcell, Esquire
1719 N. Front Street
Harrisburg, PA 17102
For the Plaintiff
~ordon K. Banzhoff, Jr., Pro Se
245 North 25th Street
Camp Hill. PA 17011
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CCP
Sheriff
probation
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KIMBERLY S. BANZHOFF,
Plaintiff
V
GORDON K. BANZHOFF, JR. ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-~J2 CIVIL TERM
IN RE: CONTEMPT
ORDER OF COURT
AND NOW, this 29th day of November, 2004, upon
consideration of Plaintiff's Petition for Contempt and To Enforce
Marital Settlement Agreement, and following an additional period
of hearing, and the Defendant having been adjudicated in contempt
on October 14, 2004, the sanction of the Court is as follows:
1. Judgment is entered in favor of the
Plaintiff, Kimberly S. Banzhoff, and against the Defendant,
Gordon K. Banzhoff, Jr., in the amount of $201,531.00, plus
interest at the legal rate from today's date; this judgment
includes attorneys fees, alimony and support arrearages to date,
college tuition for the parties' children, and the amount of two
promissory notes. The alimony component of this judgment figure
is $26,989.00, and the college tuition component of the judgment
figure is $59,301.00.
2. The Defendant is sentenced to undergo
imprisonment in the Cumberland County Prison for a period of
3 months. The conditions of purge with respect t~0 this sentence
are that the Defendant refrain from encu~Oering, transferring or
otherwise diminishing in value any assets in which he has an
interest without the written consent of Plaintiff's counsel or
prior approval of Court, that any receipts from settlements of
claims in which he has an interest be immediately deposited in
the Office of the Prothonotary of the Court of Common Pleas of
Cumberland County to the extent of the Defendant's share of the
recovery; that the Defendant cooperate in all respects in defense
of a certain mortgage foreclosure action with respect to the
property being occupied by Plaintiff; and that hereafter, without
fail, he pay the sum of $1,500.00 per month as provided for in
the parties' Marital Settlement Agreement..
By the Court,
~hn Purcell, Esquire
1719 N. Front Street
Harrisburg, PA 17102
For the Plaintiff
~ordon K. Banzhoff, Jr., Pro Se
245 North 25th Street
Camp Hill, PA 17011
CCP
Sheriff
Probation
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