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FAIRVIEW STORAGE ASSOCIATES,
a Pennsylvania General Partnership,
Plainliff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97- SwOl
CIVIL TERM
v.
SHEAFFER LAWN AND GARDEN
CENTER, INC"
CONFESSION OF JUDGMENT
Defendant
CONFESSION OF .IUDGMENT
PURSUANT to the authority contained in the warrant of attorney, the original or a copy
of which is attached to the Complaint filed in this action. I appear for the Defendant and confess
judgment in favor of the Plaintiff and against the Defendant as follows:
Principal
$30,528.52
Attorney's Fees
$4,579.28
Interest
$
$
Costs
~ -;i!:> -? '?
~~~~
Edward L, Schorpp, Esquire
Attorney for Defendant
127 West High Street
Carlisle, Pennsylvania 17013
(717) 243-9258
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fAIRVIEW STORAGE ASSOCIATES,
a Pennsylvania General Partnership,
Plaintiff
IN THE COURT Of COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 97- SlJ;O'1
CIVIL TERM
SHEAFfER LAWN AND GARDEN
CENTER, INC.,
CONfESSION OF JUDGMENT
Defendant
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Sheaffer Lawn and Garden Center, Inc.
Defendant
A judgment in the amount of $35,107.80 plus interest, plus costs has been entered against
you and in favor of the Plaintiff without any prior notice or hearing based on a Confession of
Judgment contained in a written agreement or other paper allegedly signed by you (by the
President on behalf of the corporate Defendant). The Sheriff may take your money or other
property 10 pay the judgment at any time after thirty (30) days after the date on which this Notice
is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETlTlON SEEKING RELIEF fROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFfER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFfORD ONE, GO TO OR TELEPHONE THE
OffiCE SET FORTH BELOW TO fIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator
Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone: (7~~#p
Edward L. Schorpp. EsqUire
127 West High Street
Carlisle, Pennsylvania 17013
(711) 243-9258
Attorney for Plaintiff
'#i , ' . , . ~
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..-
AGREEMENT OF LEASE
THIS AGREEMENT, made the , day of
IlIr~ , 199~, by and between FAIRVIEW STORAGE
ASSOCIATES,'d partnership composed of WALNUT BOTTOM DEVELOPMENT
COMPANY, a pennsylvania corporation, JEFFREY L. SCOTT and JOHN T.
ZIEGLER, all of the Borough of Carlisle, Cumberland County,
pennsylvania, hereinafter (whether singular or plural) called
Lessor,
A
N
D
SHEAFFER LAWN & GARDEN, INC., with offices at 1634 pine Road,
Carlisle, Cumberland county, Pennsylvania, hereinafter (whether
singular or plural) called Lessee,
WITNESSETH: Lessor does hereby demise and let unto the Lessee
all that certain warehouse space consisting of the square footage
and location specified on Exhibit.....'A," attached hereto and
incorporated herein, which building is located on premises owned
by Lessor in South Middleton Township, Cumberland county,
Pennsylvania I and more particularly described in Cumberland
County Deed Book "S," Volume 34, Page l104.
l. Said premises are to be used for the purpose of
warehouse storage. The term of this Lease shall commence on May
1, 1992, and terminate on June 30, 1993, for the rental in lawful
money of the United states of America, payable in monthly
installments, in advance, as follows:
A. The rental amount of $25,433.24 payable in
monthly installments due on or before the first day of each month
of the term of this lease in the amount of $1,8l6.66 per month.
Lessee agrees to pay the first month's rent of
$1,816.66 on or before May 1, 1992.
2. Upon execution of t~s Lease, Lessee shall deposit
with Lessor the amount of One Thousand Eight Hundred sixteen and
66/100 ($1,816.66) Dollars to be held by Lessor as security for
Lessee's performance of its obligations under this Lease. Said
security deposit, less any amounts used by Lessor to discharge
obligations of Lessee hereunder and any amounts necessary to
repair damage to the premises caused by Lessee's occupancy, shall
be returned to Lessee within thirty (30) days following
termination of this Lease.
3. Lessor shall furnish all water and sewer utilities
to the demised premises, and shall pay all utility charges
-1-
Exhibit A
therefor. Lessee shall furnish all other utilities to the
demised premises, and shall pay all utility charges theretor.
4. Lessee shall not be responsible tor maintaining any
fire insurance coverage on said demised premises, but will, in
Lessee's own discretion, maintain such fire insurance coverage on
the contents ot said demised premises as Lessee, in its sole
discretion, deems appropriate.
5. Lessor hereby covenants to pay all real estate
taxes imposed on the demised premises by any competent taxing
authority of the Commonwealth of Pennsylvania.
6. Lessor hereby grants Lessee nine successive options
to renew this lease under the same terms and conditions expressed
herein excepting, however, that the annual rent for the option
renewal terms shall be as specifiect:hereafter, in the monthly
installments specified:
a. First option renewal period (July 1, 1993 to June
30, 1994); the annual amount of $22,889.88 payable in
monthly installments of $1,907.49;
b. Second option renewal period (July 1, 1994 to June
30, 1995); the annual amount of $24,034.32 payable in
monthly installments of $2,002.86;
c. Third option renewal period (July 1, 1995 to June
30, 1996); the annual amount of $25,236.00 payable in
monthly installments of $2,103.00;
d. Fourth option renewal period (July 1, 1996 to June
30, 1997); the annual amount of $26,497.80 payable in
monthly installments of $2,208.15;
e. Fifth option renewal period (July 1, 1997 to June
30, 1998); the annual amount of $27,822.60 payable in
monthly installments of $2,318.55;
f. sixth option renewal period (July 1, 1998 to June
30, 1999); the annual amount of $29,213.64 payable in
monthly installments of $2,434.47;
g. Seventh option renewal period (July 1, 1999 to
June 30, 2000); the annual amount of $30,674.28 payable in
monthly installments of $2,556.19;
h. Eighth option renewal period (July 1, 2000 to June
30, 2001); the annual amount of $32,207.88 payable in
monthly installments of $2,683.99;
-2-
i. Ninth option renewal period (July 1, 2001 to June
30, 2002); the annual amount of $33,818.16 payable in
monthly installments of $2,818.18;
7. Lessee agrees that it will keep and maintain the
leased premises in good repair and condition, and deliver up
poesession to Lessor at the expiration of the Lease, or any
extension thereof, in the same condition, loss or damage by fire,
the elements, or any other casualty and ordinary wear and tear
excepted.
8. Lessee shall not make any structural changes,
additions or improvements to the leased premises without having
first obtained Lessor's written consent, which consent shall not
be unreasonably withheld. Such changes, additions or
improvements shall be made at Lessee's expense, and shall become
property of the Lessor upon termination of this Lease.
9. Lessee agrees to be responsible for all interior
repairs and maintenance to the demised premises, excepting any
repairs or replacements made necessary to the structural parts of
the building as a result of damage caused by fire, the elements,
etc.
10. Lessor shall not be responsible for damage from any
cause to personal property of Lessee in the leased premises, and
Lessee shall be requirad to carry its own insurance on such
personal property.
11. (a) Except as provided in paragraph 11(c), Lessor
shall not be liable for injury to the person or damage to the
property of Lessee or of any clerk, agent, employee, servant,
invitee, customer, licensee or visitor upon or adjacent to the
demised premises, or the sidewalk on or adjacent to the demised
premises, and Lessee hereby assumes full responsibility for all
such injuries and damage, including injuries and damage caused by
fixtures, machinery, apparatus or appliances in or upon the
demised premises.
(b) Except as provided in paragraph 11(c), Lessee
shall bear, pay and discharge, when and as the same become due
and payable, all judgments and lawful claims for damages or
otherwise against Lessor or its property arising from injury or
damage to the person or property of Lessee, or of any clerk,
agent, employee, servant, invitee, customer, licensee or visitor
upon or adjacent to the demised premises, including injury and
damage, or the sidewalks on or adjacent to said property,
including injury and damage caused by the operation of Lessee's
business, or by fixtures, machinery, apparatus or appliances in
or upon the demised premises; and will assume the burden and
expense of defending all suits whether or not the same are
brought before the expiration of this Lease, and will protect,
-3-
indemnify and save harmless Lessor, its agents, servants,
employees and the public at large by reason of or on account of
the use or misuse of the premises hereby leased, or the parking
lot and sidewalks, if any, adjacent to the demised premises, or
any part thereof.
(c) Notwithstanding the provisions of paragraphs
11(a) and 11(b), Lessor shall remain liable for damage or injury
to Lessee resulting from direct adts or omissions of Lessor, its
agents and/or employees.
12. Lessee shall provide Lessor, at Lessee's expense,
with public liability insurance in limits of $500,000.00 and
property damage in the limits of $500,000.00. Such insurance
shall name Lessor as coinsured. Lessee shall deliver such
insurance policy or policies, or certificates thereof, to Lessor
upon the commencement of the term hereof, and thereafter from
time to time, at least ten (lO) days before the expiration of any
policy then existing, shall deliver a new or renewed policy or
policies or certificate thereof, as appropriate. said policies
or certificate shall provide that Lessor will be given ten (lO)
days' notice prior to cancellation.
13. Lessee covenants and agrees that it will, without
demand:
(a) Pay the rent and all other charges herein reserved
as rent on the days and times that the same are
made payable, without fail, and if Lessor shall at
any time or times accept said rent or rent charges
after the same shall have become due and payable,
such acceptance shall not excuse delay upon
subsequent occasions, or constitute or be
construed as a waiver of any of Lessor's rights,
including Lessor's right of distraint and other
process.
(b) comply with any requirements of any of the
constituted public authorities, and the terms of
any statute of the Commonwealth of Pennsylvania,
or the federal government, or local ordinance, or
regulation applicable to Lessee or its use of the
demised premises, and save Lessor harmless from
penalties, fines, costs or damages resulting from
failure to do so.
(c) Use every reasonable precaution against fires.
14. Lessee covenants and agrees that it will do none
of the following things without the consent in writing of Lessor,
which consent shall not be unreasonably withheld, first had and
obtained:
~
-4-
(a)
Assign, mortgage, pledge, underlet or sublease the
demised premises, or any part thereof, or permit
any other parson, firm or corporation to occupy
the demised premises, or any part thereof; nor
shall any assignee or sublessee assign, mortgage
or pledge this Lease or such sublease without an
additional written consent by the Lessor, and
without such consan no such assignment I mortgage,
sublease or pledge shall be valid. If the Lessee
becomes insolvent, or makes an assignment for the
benefit of creditors, or if a pgtition in
bankruptcy is filed by or against the Lessee, or a
bill in equity or other proceeding for the
appointment of a receiver for the Lessee is filed,
or if the real or personal property of the Lessee
shall be sold or levied upon by any sheriff,
marshall or constable, the same shall be a
violation of this covenant.
(b)
Do or suffer to be done any act, matter or thing
objectionable to the fire insurance companies
whereby the fire insurance or any other insurance
now in force or hereafter to be placed on the
demised premises, or any part thereof, or on the
building of which the demised premises may be a
part, shall become void or suspended, or whereby
the same shall be r~ed as a more hazardous risk
than at the date of execution of this Lease, or
employ any person or persons objectionable to the
fire insurance companies, or carry or have any
explosive matter of any kind in and about the
demised premises.
(c) Vacate or desert said premises during the term of
this Lease.
15. Lessee covenants and agrees that Lessor shall have
the right at all reasonable times, by itself or its duly
authorized agents, to go upon ann inspect the demised premises
and every part thereof.
16. In the event of destruction of the demised
premises by fire, then:
(a) In the event that the demised premises is totally
destroyed or so damaged by fire or other casualty
not occurring through fault or negligence of the
Lessee or those employed by or acting for it that
the same cannot be repaired or restored within a
reasonable time, this Lease shall absolutely cease
and determine, and the rent shall abate for the
balance of the term.
-5-
If the damage cause~ as above be only partial and
such that the premises can be restored to their
then condition within forty-five (45) days of the
date that the damuge occurred, the Lessor may, at
its option, restore the same with reasonable
promptness, reserving the right to enter upon the
demised premises for that purpose. The Lessor
also reserves the right to enter upon the demised
premises whenever necessary to repair damage
caused by fire or other casualty to the building
of which the demised premises is a part, even
though the effect of such entry be to render the
demised premises or a part thereof untenantable.
In either event, the rent shall be apportioned and
suspended during the time the Lessor is in
possession, taking into account the proportion of
the demised premises rendered untenantable and the
duration of the Lessor's possession.
Lessor shall make such election to repair the
premises or terminate this lease by giving notice
thereof to Lessee at the leased premises within
fifteen (15) days from the day Lessor received
notice that the demised premises had been
destroyed or damaged by fire or other casualty.
Lessor shall not be liable for any damage,
compensation or claim by reason of inconvenience
or annoyance arising from the necessity of
repairing any portion of the building, the
interruption in the use of the premises, or the
termination of this Lease by reason of the
destruction of the premises.
17. In the event that the premises demised, or any
part thereof, is taken or condemned for a public or quasi-public
use, this Lease shall, as to the part so taken, terminate as of
the date title shall vest in the condemnor, and rent shall abate
in proportion to the square feet of leased space taken or
condemned, or shall cease if the entire premises be so taken. In
either event, the Lessee waives all claims against the Lessor by
reason of the complete or partial taking of the demised premises,
and it is agreed that the Lessee shall not be entitled to any
notice whatsoever of the partial or complete termination of this
Lease by reason of the aforesaid.
(b)
(c)
(d)
~
18. If the Lessee
(a) does not pay in full when due any and all
installments of rent and/or any other charge or
payment herein reserved, included or agreed to be
treated or collected as rent, and/or any other
-6-
charge, expense or cost herein agreed to be paid
by the Lessee, or
violates or fails to perform or otherwise breaks
any covenant or agreement herein contained and
does not cure said default within thirty (30) days
after notice has been given to Lessee by Lessor.
If the default cannot be reasonably cured within
said thirty (30) days, Lessee shall not be in
default of this lease if Lessee commences to cure
said default within the thirty (30) day period and
diligently and in good faith pursues the curing of
said default, or
(c) vacates the demised premises for ten (10)
consecutive days, or
(b)
becomes insolvent, or makes an assignment for the
benefit of creditors, or if a petition ill
bankruptcy is file~by or against the Lessee, or a
bill in equity or other proceeding for the
appointment of a receiver for the Lessee is filed,
or if proceedings for reorganization or for
composition with creditors under any state or
federal law be instituted by or against Lessee, or
if the real or personal property of the Lessee
shall be sold or levied upon by any sheriff,
then and in any or either of said events, there shall be deemed
to be a breach of this Lease, and thereupon, and without entry or
other action by Lessor, this Lease and the term hereby created
shall determine and become absolutely void, without any right on
the part of the Lessee to save the forfeiture by payment of any
sum due or by other performance of any condition, term or
covenant broken; whereupon Lessor shall be entitled to recover
damages for such breach in an amount equal to the amount of rent
reserved for the balance of the term of this Lease, less the fair
rental value of the said demised premises, for the residue of
said term.
19.
the Lessor, or
option:
(d)
In the event of any default as above set forth,
anyone acting on Lessor's behalf, at Lessor's
(a) May, without notice or demand, enter the
demised premises for the purpose of distrainin9 or
levying on any goods or chattels therein;
(b) May lease said premises or any part or parts
thereof to such person or persons as may, in Lessor's
discretion, seem best, and the Lessee shall be liable
-7-
for any loss of rent for the balance of the then-
current term.
(c) If rent and/or any charges hereby reserved as
rent shall remain unpaid on any day when the same ought
to be paid, Lessee hereby empowers any Prothonotary or
attorney of any court of record to appear for Lessee in
any and all actions which may be brought for rent
and/or the charges, payments, costs and expenses
reserved as rent or agreed to be paid by the Lessee,
and/or to sign for Lessee an agreement for entering in
any competent court an amicable action or actions for
the recovery of rent or other charges or expenses, and
in said suit or in said amicable action or actions to
confess judgment against Lessee for any part of the
rent specified in this Lease then due and remaining
unpaid, and for interest and costs, together with
attorney;s commission of fifteen percent (15%>. Such
authority shall not be exhausted by one exercise
thereof, but judgment may be confessed as aforesaid
from time to time as often as any of said rents and/or
other charges reserved as rent shall fall due or be i~
arrears, and such powers may be exercised as well after
the expiration of the original term and/or during any
extension or renewal of this Lease.
(d) When this lease shall be determined
by a condition broken, either during the
original term of this lease or any renewal or
extension thereof, and also when and as soon
as the term hereby created or any extension
thereof shall have expired, it shall be
lawful for any attorney, as attorney for
Lessee, to file an agreement for entering in
any competent court an amicable action in
judgment and ejectment against Lessee, and
all persons claiming under Lessee, for the
recovery by Lessor of possession of the
herein demised premises~ for which this lease
shall be his sufficient warrant, whereupon,
if Lessor so desires, a writ of Possession
may issue forthwith, without any prior
proceedings whatsoever, and provided that if,
for any reason, after such action shall have
been commenced, the same shall be determined
and the possession of the premises hereby
demised remain in or be restored to Lessee,
Lessor shall have the right upon any
subsequent default or defaults, or upon the
termination of this lease as hereinbefore set
forth, to bring one or more amicable action
-8-
,- ,.. " ,.- ... '. ,
'. . . .
or actions, as hereinbefore set forth to recover
possession of the said premises.
20. All the remedies hereinbefore given to Lessor and
all rights and remedies given to it by law and equity shall be
cumulative and concurrent. No determination of this Lease shall
deprive Lessor of a~y of its remedies or actions against the
Lessee for rent due at the time, or which, under the terms
hereof, would in the future become due as if there had been no
determination, or for sums due at'the time, or which, under the
terms hereof, would in the future become due as if there had been
no determination, nor shall the bringing of any action for rent
or breach of covenants I or the resort to any other remedy herein
provided for the recovery of rent, be construed as a waiver of
the right to obtain possession of the premises.
21. It is expressly understood and agreed by and
between the parties hereto that this Lease sets forth all the
promises, agreements, conditions and understandings between
Lessor and Lessee relative to the demised premises, and that
there are no promises, agreements, conditions or understandings,
either oral or written, between them other than are herein set
forth. It is further understood and agreed that, except as
herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Lease shall be binding upon lessor or
Lessee unless reduced to writing and signed by them.
22. All rights and liabilities herein given to or
imposed upon the respective parties hereto shall extend to and
bind the several and respective heirs, executors, administrators,
successors and assigns of said parties. No rights, however,
shall inure to the benefit of any assignee of Lessee unless the
assignment to such assignee has been approved by Lessor in
writing as aforesaid.
23. Lessee agrees to keep the demised premises free
from the accumu-lation of waste, refuse matter and other trash,
and further agrees not to store any toxic or hazardous substances
thereon. Lessor agrees to be responsible for snow removal on the
private streets being used by Lessee at the demised premises.
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...
IN WITNESS WHEREOF, the parties intending to be legally
bound hereby have hereunto set their hands and seals the day and
year first above written.
ATTEST: ASSOCIATES,
By (SEAL)
Walnut Bo tom Develop ent Company
Partner
BY~~~~
Je ey L.\Scott, Partner
~~~ :ti~. '~~(SEALI
J hn ., e , par~
( SEAL)
ATTEST:
SHEAFFER LAWN & GARDEN, INC.
~'t~*
~>0 Secretary
By
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RYNt\RPRlI liNfM6fRClIlNC.
!OJ Mooreland Avenue
MT HOLl.Y SPRINGS. PA 17i)fj5
..-
DATE. ....JTJN&."L:1.2i!~._...___
TO
SUBJECT ._..._____.__..
SHEAFFER LAWN SERVICE
POBOX 522
CARLISLE PA 17013
.,~~-
ACCORDING TO THE TERMS OF YOUR LEASE WITH FAIRVIEW STORAGE,
.... -...---,
> A RENT INCREASE SHALL BE EFFECTIVE JULY 1, 1993 ~ISING THE
u._...~__,_.. ___....~_~_____.._..,__..._._._~.~__.~___~._. _..-
'----___....___h
MONTHLY INSTALLMENTS TO $1,907.49. WE DO HEREBY REQUEST THE
-'-'-~--".._._._~~.__.., ---~._._-------------_._~-_._---_.._--..._--~_.-
IMPLEMENTATION OF THIS INCREASE EFFECTIVE JULY 1. I AM ATTACHING
...~__._.._, .__n_......_ __.__._.__. _.~",..__ _~_..__.-__ '""'__ _.~._.~_..__._
---..----.----------------------.----
A COPY OF THE SCHEDULE FOR YOUR INSPECTION. IF YOU HAVE ANY QUESTIONS,
- ..-....-....-...------..-- ..,,---...--._._---------~-_..__..
PLEASE CALL.
-----~----...... -.-....--------... --.-.. --.--.----- -_._--~.._.._- -._._-~.--
_._-~--_.._-----------"----_._..~--
_.__..~-~_._._~--_._._-~.- .. ...- ........---..-----------
o PLEASE REPL Y 0 NO REPL Y NECESSARY
SIGNED
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.t:R, INC.
101 Mooreland Avenue
MT HOLLY SPRINGS. PA 17065
DATE _JULX---L._.l994
TO
SUBJECT
SHEAFFER LiniN & GARDEN, INC.
~_....-_.__._.._.__._.._..
P. O. BOX 522
CARLISLE, PA. 17013
-.-.-...--.-.. ..__.-~.,.,.--
-
....ACC()~DING. TO 'I'I:IE H'l'E.I~",:LQ.f'.y'Ot!Jl.J,EASE .WL'I'H. r....rBVJE!'1.S.TQRJ..GE L..._!ll;:_~'1'AL._._._._
> INCREASE SHOULD BE EFFECTIVE JULY 1, 1994 INCREASING THE MONTHLY
..____. __. ~_~__'"___"_'" ._.._____.._ ._... ._. ____ _ ~ +_"_+n__~________~_ _____. _______.___.______ - --..---.-.-
RENT TO $2,002.86. I REQUESTED THE FIRST OPTION OF $1,907.49 ON
JUNE 23, 1993 BUT APPARENTLY IT WAS OVERLOOKED SO WE WILL RELINOUISH
THAT AND REQUEST OPTION TWO.
._...._ __ __ _ _ _. __ _. _ _ _ .~ . ___'n _
__.._...DlJE.. '1'0 .'I'HE LA'I'ENESS OF..THIS. NOTI.CE ,YOU. NEED _ NG..MAKLTHIS_BEAR5-
INCREASE EFFECTIVE UNTIL AUG. 1, 1994.
-~---. ,----~-_._--_._-----_._._......- -..--.----.---------.----... ---------.----.....-------
I AM ATTACHING A COPY OF THE LEASE FOR YOUR FILES. IF YOU HAVE ANY
QUESTIONS, PLEASE CALL.
SIGNED
o PLEASE REPLY 0 NO REPLY NECESSARY
May 31,1996
ShcaJl'er Lawn & Garden Center
PO Box 522
Carlisle, PA 17013
To whom it may concern:
-
We do hereby request the renewal renl increase for Ihe period commencing on July I, 1996 and
ending on July 1, 1997, The new amount shall be S 2,208.15 according to the teons of your lease (see
altachcd). (fyou have any questions or if we can be of service to you, please call.
Sincerely,
[}.,t ~1;I~b
Robin ~gee,Kron
Administrative Assistant
cc: William Kronenberg
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