HomeMy WebLinkAbout99-06608
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KLEI IR, I IARRISON, I IARVEY, 13RANZBURG fi ELLERS LLP
BY: MORTON R. BRANZBURG, ESQ./DINllTRl L. KARAPELOU, ESQ.
IDENTIFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 ATTORNEN'S FOR PLAINTIFF
(215) 568-6060
ATLANTIC NATIONAL TRUST, LLC
50 Portland Pier, 4th Floor
Portland. ME 04101,
v.
Plaintiff,
DONALD L. KITNER AND ESTI IER M. K17NER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
TO: Donald L. Kitner
100 2nd Street
New Cumberland, PA 17070
NOTICE
COURT OP COMMON PLEAS
CUNIBERLAND000NTY
NO.
P- irsuant to Rule 236 of the Supreme Court of Pennsyhvania,you are hereby notified
that a JUDGMENT BY CONFESSION has been entered against you in the above-captioned proceeding and
that enclosed herewith is a copy of all the (records) documents filed in support of the said judgment.
IF YOU HAVE, ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE
CALL: ATTORNEY Morton R.Branzbure.Esquire orDimitril K•vapclou Esquire at telephone number:
(215) 568-6060.
Dated. 1999 .'Z
PROTHONOTARY G 1
PBIL1- 302446-1
KLEHR, HARRISON, I IARVEY, BRANLBURG & ELLERS LLP
BY: MORTON R. BRANZBURG, L'-SQ./DIMITRI L. KARAPELOU, ESQ.
I DENTI FI CATI ON NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 A'ITORNEYS FOR PLAINTIFF
(215) 568-6060
ATLANTIC NATIONAL TRUST, LLC
50 Portland Pier, 41h Floor
Portland, ME 04101,
Plaintiff,
V.
DONALD L. KITNER AND ESTHER M. KITNER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
TO: Esther M. Kitner
100 2nd Street
New Cumberland, PA 17070
NOTICE
COURTOF COMMON PLEAS
CUMBERLAND COUNTY
NO.
Pursuant to Rulc 236 of the Supreme Court of Pennsylvania, you are hereby notified
that a JUDGMENT BY CONFESSION has been entered against you in the above-captioned proceeding and
that enclosed herewith is a copy of all the (records) documents filed in support of the said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE
CALL: ATTORNEY Morton R Branzbura Psauire or Dimitri 1 Karapelou Esquireat telephone number.
(215) 568-6060.
i
Dated: 1999 ;
PROTIIONOTI'ARY
PHILI- 302448-1
KLEHR, ITARRISON, HARVEY, BRANLBURG & ELLERS LLP
BY: MORTON R. BRANZBURG, ESQ./DIMITRI L. KARAPL•LOU, ESQ.
IDENTIFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 ATTORNEYS FOR PLAINTIFF
(215)568-6060
ATLANTIC NATIONAL TRUST, LLC COURT OF COMMON PLEAS
50 Portland Pier, 4th Floor
Portland, ME 04101, CUMBERLAND COUNTY
Plaintiff,
V.
NO. 99 GG?b L'w?/mow
DONALD L. KITNER AND ESTHER M. KITNER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
JUDGMENT BY CONFESSION
? i
AND NOW, to wit this I' `J? ly o ?? "!1999, acomplaint in confession
of judgment having been filed and an affidavit as to the amount due having been filed:
Judgment is hereby entered in favor of Plaintiff, Atlantic National Trust, LLC, and against
Defendants, Donald L. Kitner and Esther M. Kitner, jointly and severally, in the amount of $32,238.20,
together with interest which continues to accrue from and after October 21, 1999 at the per diem rate of
$6.34, plus costs of suit.
PROTHONOTARY U
PHIL1- 302448-1
KLE11R, IIARRISON, I IARVEY, RR.W BURCi fi FLLERS LLP
BY: MORTON R. BRAN7.E31JR6, TiSQ./DIM1'IR1 L. KARAPFLOU, FSQ.
IDEN'T'IFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia. PA 19102 ATTORNEYS FOR PLAINTI PF
(315) 568-6060
ATLANTIC NATIONAL 7RUS'f, LLC COURT OF COMMON PLEAS
50 Portland Picr, 4th Floor
Portland, ME 04101, CUM BERLAND COUNTY
Plaintiff.
v. NO.
DONALD I.. KITNrR AND ESTI IM \9. KI NER
100 2nd Street
NcwCumberland, PA 17070.
Defendants.
COMPLAINT IN CONFrsS1ON Or.IUDGME:N•r
Plaintiff. Atlantic National 'T'rust, LLC, by and through its attorneys. Klehr, Harrison,
I1arvey, l3ran-rburg & 1?I1crs, by way ofcomplaint in confession of judgment avers and represents as follows:
Plaintiff, Atlantic National'T rust, LLC ("Atlantic" or the "Plaintiff'), is a limited
liability corporation with an office at 50 Portland Pier, 4th Floor, Portland, I MI: 04101.
2. Defendants, Donald L. Kitncr and Esther M. Kitncr ("Defendants") arc adult
individuals and citizens of the Commomccalth of Pennsylvania who reside al 100 2nd Street, New
Cumberland, PA 17070.
3. On orabout \larelt 21, 1990, Meridian T3ank ("Meridian") agreed io loan Defendants
and Defendants agreed to borrow the principal sum of$25.000.00 (the "Loan"). The Loan is evidenced by
that certain promissory note dated March 21. 1990 (The "Note") executed and delivered to Meridian by
Defendants. A true and correct copy of the Note is attached hereto. marked as Exhibit "A" and incorporated
herein by r erence.
PHIL:- 302448-1
4. Meridian subsequently merged with Corestatcs Bank, N.A. Which subsequently
merged with First Union National Dank.
5. On orabout April 28, 1999, First Union National Bank assigned all right, title and
interest in the Note to Atlantic pursuant to an Assignment of Loan Agreement. A true and correct copy of
the Assignment of Loan Agreement is attached hereto and incorporated herein as Exhibit "B".
6. The Note contains a warrant of attorney which mnhorizcs the entry of judgment by
confession against Defendants in Iavor of Meridian, its successors and assigns.
7. As of July 27,1999, Defendants were in default of their obligations pursuant to the
terms of the Note as a result of, inter alia., their failure to pay sums clue under the Note (the "Default").
8. As a result of the Default, Plaintiff made demand pursuant to a letter sent by
Plaintiff's counsel (the "Demand Letter") on or about October 4, 1999 for payment of all sums due under
the Note. A true and correct copy ofthe Demand Letter is attached hereto and incorporated herein as Exhibit
„C„
9. AsarestdloflheaforemcntionedDe fall lt,the followingamountsareimmediately
due and payable from the Defendants in accordance with the terms of the Note:
Principal
$24,030.33
Interest (through 10/21/99) 4,002.89
Attorney's Collection Fees
(15% as per the terms of the Note) 4,204.98
TOTAL $32,238.20
Interest continues to accrue from and after October 21, 1999 at $6.34 per diem.
10. "this judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
11. Judgment has not been entered against Defendants pursuant to the warrant of
attorney contained in the Note in this orany other jurisdiction.
PHILl- 302449-1
1 1. Judgment has not been entered against Defendants pursuant to the warrant of
attorney contained in the Note in this or any outer jurisdiction.
12. An Affidavit of Default is attached hereto.
WHEREFORE, Plaintiff', Atlantic National Trust, LLC, demandsjudgmcnt in its favorand
against Defendants, Donald L. Kitncr and Esther M. Kitncr, jointly and severally in the amount of
$32,238.20, together with interest front and after October 21, 1999 at the per diem rate of $6.34, plus costs
of suh as they accrue.
Respectfully submitted,
KLEI IR, HARRISON, HARVEY
BRANZBURG & ELLERS LLP
c
Dated: By:
Morton R. 13ranzburg, Esquire
Dimitri L. Karapelou, Esquire
260 S. Broad Street
Philadelphia, PA 19102
(215) 568-6060
Attorneys for Plaintiff
Atlantic National Trust, LLC
PIIILl- 30244a-1
EXHIBIT "A"
„).Meridian Bank
Promissory Note* Business
S Z5,006-00 March 21 is 90
F67 VALUE RECEIVED, Itte Undersigned, Intending to be legally bound, promises to pay to the corer of Meridian Bank, the 'Bank', at its 35
North Sixth Street office in Reading, Pennsylvania, the principal sum of Twenty five thousand and 00/100
* IS * Collar: payable as Cm'dded belc'N,'Nnlh hnered
azrzgxoi (accuing) at the rate of Meridian Bank's National Co=ercial Rate plus 1.502
Per anrum until paid,
Interest may be computed on me basis of the actual number of days in the calendar year divided by 350.
II the interest rate set fcnN above is referenced to either the Eank's National Commercial Rae, Local Commercial Rate or Agricultural (Commercial
Rate, the Undersigned arc each Obligor acknowledge and agree that (i) such referenced rate is a floatina annual rte of interest mat is designated tram
time to lime by the Bank as me'Nat:onal Cemmerazl Rale, "Local Commercial Pate' or "Agreudurl Commercial Rate,- as the case may be. and is
used by the Bank as a reference base with resce^_t to different interest rates charged to borrowers= (ii) the rata of interest payable hereunder snail change
simultaneously and awcmatlrlly upon the Bank's designation of any change in Such referenced rate: and (iii) me Bank's deteminauen and designation
hem time to time of Ine referenced rate shall not in anyway preclude Into Bank from making loans to other borrowers at a rte which is nigher of lower than
or different from the referenced rate:
1. (Single Principal Payment Loan) Interest on the unpaid pinefpal is due ar.Gpayable ' beginning
19 _. The lull sum of the unpaid principal and interest is due and payable on
2. (Cisccunted Time Nate) The full sum is due and payable in days on ,ig
3. (Demand Loan or Cfedit Availability) Interest on the unpaid principal is due `and payable monthly beginning
e_nr; 1 1 5 .19 00 The full sum of the unpaid principal and interest is due ar.d payable on demand.
a. (Installment Loan) Pnndpal and interest are due and payable in consecutive installments of
S each, beginning .19
_ One final payment of any remaining unpaid principal and
interest is due and payable on t 9 _. .
S. (Pnndpal Plus Interest Lear.) Interest an the unpaid principal is due and pa fable
, 19 _. Icoelher with consecutive
of 5
each, booomning
tcgedler with any remaining principal and interest is due and payable on
19 -. One final payment of S
19 _
_ beginning
instailments
The ureelagnea -nail ewe a t®gle him Myment Charge Sciatic me greater at Sts or S'.; of me ar,.cuct due cn any Cue Gate (cr :uo lever oar;- as the pares may chemise agr eel.
whenever payment of Lis entre LCpursim On Suc'. CuC Clm IS felt teapwed my the Rank On Crbetere Me IS'"CRndarcay Miner ibrce:ecve due data.
COLLATERAL AND LIABILITIES
All Collateral (as Cefnte Ct is ,ecurty for any at. sit L.Ia •rwd 'as deO-ri and the UOCetsigrea avo eac C-hgcr (as de!weal grarl a security interest :n as Ceilaferal to
Ire Barbs. The tern 'La-:fates' mCUces Ina liability ewderceO Oy ns Note Iimc:uCmg any past. present. or future acvarces Cr reaoAnces. SuCsrtumcns. extens:crs. renewals.
Interest. late charges. perardes afc fees of any are ail rims) and as C:res LaCnLes ouistarcing to the Bank born the Urcesigred or any Ccligcr (w,i lentil snap Inctute Ine
Unterongnin: and all persons CCarwise (lade for Me payment of nus NCI-. at any renewals. eaten inns or moo:Lcarens meeOll. whemer pnmarf. secondary, d,ed Mir
contingent, joint, several or meeceraem. now or neeace, existing, flue or Is became =a to. or nod or to be ned by. me Bank let its own account or as agent for ancmer or
ctnets. whetner created d'rec:y, or acitived by aamgater.1 or otherwise. The surrerder of dus Note snail not arse e :rte nqm of me Bank to retain -,a Collateral let such Omer
Luabtehes. The term'Colam!u- 2cLdes. wtmcul Lmvlaven Cy reason of speClKOUor, all tangible and mlangole ctceny of every desCng::Cn. (mCuong all aC:mdns. Superfast-
ems, and all procee'Gl as set rem on any tacCnt2•y e,ecuNn., doc.'ment e'nderomg a sC'nty Cr atber Interco; im favor of Ire Bark. Cr now Cr hetearer in me po=es•ten or
CusdGy Of of in tear-n :a -no Eart 1Cr arty purCC:a. mcudng safekeeping. collection. pfe^-y'e. lee, account of me Urdersaned. Cr as :o *mien any of me Urcerfignea may have
any ngnl of Cower. anew l aiso m<tude any prcceny hen acguved at any time by Ine entry of any rydgmenl nereuncei. of m! renewal of sma ludgmenr. Th.e calamity, of every
aCC:unt of any Uaemgned with, and each claim of any UnCersignea against. me Bank, existing from time to hrmels 1L!ZhXt to a ben and secudry interest :n favor of the Bank
as security for any and all Uacwfiees and is fu Clef[ Io set ON against any and all Lraoihhes, and me Bark may as any lime cc from time to mine. ages aobcn and wnncut notice.
a pprcenale and apply mwala mepaymerl of any such Lacihhtes in such order as the Bank determines in 1is dtapehmi the balance of each such ar:cunt wrtn, and each claim
dCamSt. Ire Bank. Ti.e Bark is dlecied to nave ererusao such right of set eft and to nave mace a charge aemnst any :ucn account Immadiatety upon me =-."area at a
deiaun even mcugn such cargo is made ar entered on Ire books suCsecuendy by me Eank The Bank has. Coin IS rat nmted 10. Me rgnl at any lime ana from lime to time.
wnncut nonce to: (al CIC_ge. as Gn be, transfer oeS Norte or me Collateral of any portion mered..1e1 transfer late ns own name at mat of its mmmee all Cr any pan of me
Ccluletal: (lit exercise v rvrg ngnts an any Collateral. (01 minty any CCugCr on any Collated 10 mace payment CxeCCy to me Bank of any amounts due menetn. and (e) take
Control of me proceeds of any CalatetaL
INCORPORATION OF SECURITY DOCUMENTS
This note shall be Muni to all terry and conditions of. and me nolder nereal snag be emoitais to all ng•^.b, remedef and benefits of. any mangage or other secny
document now or previously exechred by any of me Undersigned and delivered to the Bark in ccnnecocn with me Creation dl any of me Uablblles. and sups mar;age or come,
sacunry document is incorporated by reference in into ale. Sala morgage or inner security dCament snail seed'us payment of all file Calges and other sums due under mks
note. in achhhon to pnrepat are interest. To the extent permuted by law. this note may cowl be prepaid except as agreed 10 In waling by me Bank.
DEFAULT
The occurrence of anyone camera of me fallowing snail Constitute a Default by the Undersgred: (a) non-payment of any of me UabdiSes. Cr any combat thereof. when and
in me manner due. whem& by aceelefaban or atnerv (b1 Imfure by me Undersigned or any Amer Cbfigor to ctuerve of perform any Covenant, agreement. =nation or term
of any agreement, document. mortgage or other seguncy document executed by the Uneerigned Mir any other CChgcr and delivered to the Bank in connec•an with any of the
Labdilies: (C) breach by any of the Undersigned or any inner Obligor of any obligation or duty to the Bank; (o) ar*y represenlalion or warranty, in arty fnannaf or other statement.
sC.edule. CortibCole ar caner docum ml of any Undetsigneal or any olner obligor declared to me Bank by or an mohair of me Undersigned or any Milner CQhgcr snail prove to
be false. misleading Ct incomplete in any maten0l res0ea: (e) a material aoterse change occurs In me finanagal pndnon of me Undersigned or any whet, Cehgor wfem d
unacceptable to the Bank in its lots d itic from me Condition most recently bsd,sad tome Bank in any marnec(e [no Undersigned or any Crier Cbligar des. tomsoNes.
liquidates, merges. reayamvees Ca ceases to Conduc: operations. at prepares cc attempts to do any W tbb foregoing. (gl a trustee at lecmver is acconte a far me Uneemgned cr
any other Cmbecr or for all or a subsrantal part of ifs of then property in any involuntary prCCiedng, or any spurt has taken lursoc on of all or any subslanltal pan of me
prapeny of me Undersigned or miner obligor in any Involuntary, proceeding. or we Undersigned or any omen Cbhgpr Ides a peeuon er answer hat derryirg Nnsdiclbn in
bankai Mir under any similar law, slate or (ederal. now a, heteanes ending, or such a petition is tiled against me Uhdersgned at any data Obhgar, or me Undersigned or
other Cmbgor becomes Insolvent. howsoever evidenced. of makes an assignment for me beheld of creditors be, adorns m wnbng as or mail insolvency, v knambry Or ILlure to
pay its cc inert debt generally as Ivey become due. of fails within fib days to pay at Done at amenvrse dlsmarge any rudgment at attachment finical is unstayed an occpital. or
g me Undersigned or any other Cougar advertises a -gmng out of bustneSi or liquidation safe. or holds ar permits such a safe. In) the Undersigned or any Cher COIigCr
excesses pro intent to lermram or iocl,e ntsoambaibry far any of the LZbhties, or defaults under any other nom. igmsirful. lease. indenture. mangage or obligation incurred
pursuant thereto, or a pudgmenl is a tied against the 0aors3gned or any alter obligor evidermn ettner mngfy or in no aggregate a material Cnhganan, we effect at whim
accalenates or entitles Ire hello threof to accelerate any maturity thereof or results in me renhh ure by me Unee s,i of any athef CCIIgpr of Its ngnis under any such note.
agreement. lease. Indefinite or m4ngage. (I) any progeny at the Wldersrgned or any omM Obligor becomes Ine sutieoe at ]fry ahaNment. garnishment. fevy Cr IM (unless
excevly permitted In waling signed by inn Bank). (p any substantial pan at me prcperey of me Undersigned or any Omer Cobgor Is taken or condemned by any gwernmenWl
aulhonry,fill The UndepgnN uanydiner Obligor assigns Mirdcbenwse uansfels. or :tempts to ,wgn of tansler, any of Its Mm, bile andinteresta any of me CoNleral kvtnwl
the pnor wnnen cone l Of me Bank. lq me Undersigned or any corer o0egor fails to furnish financial or omen Nt0multlan as me Bank may teascri condiment: fm) d Inene
Is any change in me Uncemslgned'3 or any ache, Obligors officers. principal owners or panniers as me ose may be. y,o m aim=eplible to Me Bank m Its sate fiscal C'
(n) me Bank. In me heasonacte as good faun exercise of its sale drsaeeon ! `• used or me Codateraf msecute far any reason whatSee my
VJ _ ..-.. -.,. 20a M0237 (So, 3401
Lj time( L.aom:ee cge:nef with costs of collection. Including anameys lees at W. of life unpahd principal, are imme lalely live aria Val at it :Me same nao in me fast
mulance been palaGal as such time, without requiring any recount agatnsl any o10<f ptfln or property la ble 10, or neNnng this Nola of any alter UAtiMOS. Ana the Bank a'--,
(Y 61CLS! its nifnts of nit on as set loan. (Of hold as lNnry any COIIAICfaI in wfnn me 8anlt has any interest until the Bank IS paid in tud.(cl lake POSSeSAan of any Cau'
amid sell all or any pan upon exchange OF at any public or prw4le scale at me option of the Bank at any time as times wnm0ul advtnnment or demano upon or Ni la me
Un,"Signed or any Cengat. all of which are thereby expressly waived except such notice as is reatnred by apolicable statute and carnal be waned. twin his him W Me pan
of nit Bank of in mammee to beccme me purchaser at any Sala (unless pfcamilea by stalulel free from any equity of redemption and from an outer alms. and aver dedurnty ad
legal and timer expenses let maintaining of selling the Canaleral and all anomeyi fees. legal or inner expenses for eclledion. sale and delivery. to agly me residue at me
proceeds at the sale or sales to pay (of hold as a reserve against) as Note and all other Liabilities-. Of apply any funds reserved older man through CdoCSNan of Collateral once,
clause lot hetecl, in such older and amounts as the Banker, its sole discretion shall determine. to IMO payment of the unpaid prmctaal balance OL an aCmed interest on. and
any costs incufrte in ire eOCe Lion of any sum due under. Inn Note. including but not limited 10 atlCmeys lees: and (e) exercise any and all classes which the Bank may men
possess under Out Uniform Commercial Cade or any rimer applicoWe law. regulation or canlroibag legal authority.
All ngnts of remedies of me Bank set loan or cmenvise ansurg are Cumulative No delay or lailwe by me Bank heron. in exercising any of its op ium$. Powell of ngms
or a partial or single sterol censtitules a waiver of Inc ngm) to exactse the same at any Omer ngm at any other time at from time to time memat er. Tne Bank is not reemrred
10 nscin to any :outdo secunly or persons to enforce payment. and [me Bank is nor subject Ili any mannaang r"Quements ar equities among the Undersigned. it more than
one. and among a or tmem and any Cbegors.
CONFESSION OF JUCGMENT
.svneeher or not a Celaull has oreffed 6,s continuing. the Undersigned and each Coliger Malloy anmonee and empower aievocally me Pfc'ienclary ar any Clem. any
Sa't Officer. em;ICree or a,a•: er ay attorney of any ccun of rdcom Of PennSyNama a elsewnele 10 appear for and to confess judgment against me Undersigned and any
CC:=upon enter of the fo: a...wg Iw: Cases line decision as to which formula stall be used is solely at me distill at the Note Holder) to wit: (al crime face amount nerrl
C"'. mteresl at Ike mss P.:: to la• all amounts due. including but not Irtnnea :c late charges are interest accrued at the stmtdaale and any and all other habitues as of
ar.-ime. past. pnsErtpr fct-; I. confession small bewin of without cccwahcm.wir.oasts of suit. release of errors.wtuncul slay of eteCUCm. win me greater of fifteen.
pe'.-hl or SI.000 W aCcar m.:'•a nays fee. and the Undersigned and each Cbegu also one Me nght of inquisition on any teal estate trial may be levied upon pursuant to "
inc :•;v.sIcns herael. and lit „ ayvolunIanly condemn me same and ale.^.cn:e me promonotary, to enter upon me Will of Exacaticn their voluntary ccndemnalmn. and they '
fun-it, agree mar int real ls:Oa :.'y be sold on a Wnl of ExeNlicn. with a waiver art release of ail renll from all biorassement. stay or exem;::cn laws or rules of ci
not. ', force at truer. it e,>.1!.1 + adapted. ' •
: w Unilerstgred and of •7..g^'t acknowledge trial by agracing mat the Bark may confess judgment hereunder. they waive me ngMilo nonce in a cnoryud:oaf pecaetemg. '
Ili etc mine met r:11Z Cleo •ni•i: S. and they funnel acknowledge mil :re Bank. wnemer Of 1101 a Default has occuded. may obtain a judgment agarar me Undersigned an to
ea:^ Qligor wiitetI v.e. It. Y %r-+led;e or consent and wimoul Ina Undersgned or any Cbhg of s c;pCdumly to raise any defense, set of. cpuntercaun or odor Claim -e
U .:asigned or any Ct.gT, a^m. hpT I. are the Una ersgnep and any Obligor expressly waive s.cn egms as an ex pilot and material pan of me comaCallon. No single as calls a
of a Icregaag will Matt 3rd o: ^': U confess judgment is seemed to exhaust die power. wnem er or not any sun exercise is Maid by any ceun to be invilid. vcda Cie or vote.
Ina the power snail crpaue unrem msn cc and may be ex eresed from lime to time as Oren as :be Bank elects until all Lsabditles have been paid in lull. Tile Bark may. m ..^s
sae 0scetmn. tnernaa Ina aa!'--4 my _named herein against one or more Urce!sgred anafer Gbngors at one and the same time or at different amen.
MISCELLANEOUS
Any perscr writ estates this Nele as Surety hen:y uncocCiienady b^C:meS Surely to the Bank for Ine full and prompt payment when Cue. wcemer by acelerancn or
Ctrenwde. Amid at an limes lnereaner. of all of the Laaauties. The Invalidity of any :cmcn of m.:s tittle does not aaec: me remaining pCmcris. or any ;art thereof. and in e
one of any sum uuantly. Into Nctu is construed as it sucrt pommr, nap met peen msedee. The Undersigned. if mare imam cone. are jointly are saverany sacle and -.Me term
'Uncers:gnea' where,-, •tSel '?t:h: can of the Undersgned. All of the terms arc prcvrncns mute :o and are placing u;on the heirs. execncn. aemmistramrs. suoe•1ors,
rec:esentauves. )convert. bullets and assigns Of Ire games.
It any at tine L:aames or any Option thereof owing to me Bank is not :arc in nip wren due. !te Bank has me ngm. at its Ceuan a,... wnncut rcrce. coo witrataw from any
ac::urt of me Urcedgnae win me Bank an amount ecvul to sue evert ue amount and :a acoty sum amount to the patmina of :lie netdca UaVams.
All ,ems. tit icatcos and provaons are governed by and oonSIIU2C m ac:;tcarce will. ine laws of the COmmcnwsagm 01 Oenns&ania.
IN ii iIlES"-'NcE-E: P. me pales. me=mg to Ce legally bound hete:y. have excpte,= in:s Note me day and year Its: active lumen.
SUnETY:
(air =cration)
lbusm,ss Name)
E y.
Lae:
E•:: __
Lae:
A:,7.-ST:- __ .
Tile:
(It individuals. parre =.".::. L:_,
BORROWER:
(II cctpcraepn)
(business :fame)
By:
By:
t e,
ATTEST:
Title:
(It individuals. partnership, etc)
.ss Name. if any)
(Business Name. it arryl
Dona L. KiCner
is.
stner Zl. teller
5.
Witness: vrtness:
EXHIBIT "B"
Account Name: Donald L. Kitner
Control No: 1205
ASSIGNiVIENT OF LO.VN
This Assitmment of Loan is made as of April 2?-_. 1999 by FIRST UNION
NATIONAL BA-N- K ("Szller'") for good and valuable consideration, in favor of ATLA-\. -TIC
NATIONAL TRUST, LLC ("Purchase:') pursuant to a cenain Asset Sale Agreement between,
inter alia, Seller and Purchaser, dated April 20, 1999, which is hereby incorporated by reference
("Agreement"). All capitalized terms used but not defined herein are defined in the Agreement.
Seller hereby assigns, transfer and sets over to Purchaser, its successors and assigns,
WITHOUT RECOURSE, REPRESENTATION OR WARR-aNfY OF AnIY NATURE
WHATSOEVER, WITHER EXPRESSED OR INIPLIED, except and only to the extent
otherwise provided in the Agreement, all Seller's right, tide and interest in and to the Promissory
Note dated March 21, 1990 by Donald L. Kimer and Esther M. Kitrier in favor of Meridian Bank
in the original principal amount of 525,000 (the 'Note''), together with all other documents
evidencing, securing or othervise related to such Note as set fords on E.-diibit A attached hereto.
FIRST LUTON NATIONAL BANK
By: i
Thomas J." onre!ly
S2mor Vice President
STATE OF CONNECTICUT
COUiN'TY OF FAIRFIELD
) SS:
I I-IEREBY CERTIFY that on tEs ZtO day of P_nri, 1999, before me, the
undersigned oi-icer, personally appeared Thomas J. Donnelly, who ac'.!motvledged himself to be a
Sensor Vice President of First Union rational Bank, and that he, in such capacity, being
authorized to do so, executed this Assignment of Loan for the purposes therein contained, by
s nfiing the name of First Union National Bank, as a Senior Vice President of First Limon
National Bank.
IN WITI`ESS WHEREOF, I hereunto set my hand and \otarial Seal.
r Notary
j-;.r ?Jc;ary?ublic Cc: r cticci
e! :cJ;
`.. ran:•vlJa,rY
ri.y.n-?-^F icn ?`:f17;.2n03
9alt1:215791: AMTS9
17079.112
Account Name: Donald L. Kitner and Esther M. Kimer
Control No: 120;
Exhibit A
1. Promissory Note dated March 21, 1990 by Donald L. K Kier and Esthe. &I. Kitner in favor
of Meridian Bank at the original principal amount o f 525,000.
2. Securitv A_reemem dated March 21, 1990 by Donald L. Kitner and Esther M. Kimer in
favor of Meridian Bart:.
3. Financin_ Statement showin_ the debtor as Donald L. Miner and the secured party as
Meridian Bank, filed among the financin records of the Pennsvlvania Secreta{; of the
Commonwealth as File No. 18370708.
?. Financine Statement sliowinu the debtor as Donald L. Kitre- and EsLhe. IM. Kittle, and the
secured pa
County, Pennsylvania as File No. 98,104.
I
8a1t1:212276:2:4P2F199
17079.112
EXHIBIT "C"
I
KLEHR', Ih\RRISON, HARVEY. BRAN"LBURG & ELLERS LLP
SIORTON R. BRA-NZBURG-
LEONARD N5. KLEIIR
RONA 1 ROSEN-
RICIIAFDS ROISAIAN
GARY W LEST'
SIICIIAEL C. FORNIAS-
NICILAEL K. CORAN
JOANNE B. W'ILLSt
CARLS PRINIAVERA
PAUL G. %OFER
BARRY I SIEGEL
RICHARDSI BECK-t
GARYA DEUTSCIP
BRADLEYA. KROUSE•
STEPHAN L. CUTLER-
DONALD A1. NILLINGER
DAVID ZALESNE
%TLLLANI A HARVEY
LA'ARENCEI ARENI
STEPHEN T RLRDLNIY-
CAROL ANN SLOCL'N•
IFUNOLD E. COME?!
JEFFREY KURTZMAN"
FRANCIS M CORRELL. JR.
ROBERT W CLEVELAND10
KEITH W KIPLAN-0
DOUGLAS F SCIILEICIIER-
SCOTTI FIELDS-4
DENISE N. DAY'
DAATDS. EAGLE"
OENIANITNI BERGERt
LAWRENCED ROVIN
DONENIC E. PACITD-
ATTORNEYS AT LAW
'60 S. BROADS TREET
PHILADELPHIA. PA 19102.5(0I
1215) W-6063
FAY: 12151 569.6603
-w-Alchcwm
EMILY %I CLAY'
JOSEPH G GIBBONS-
S TESTN K KORTANEKt
PETER 1 SORNA,%'
CHARLESA ERC'OL¢-
WILLIANIW 4ATTIIEW"5111-
SHAHANG TEDERJAN-
SCSAN II DEAN-
STEPHENC EGLfN
STEVEV J GELNAS'o1.-I
DIANA R. IVANONTCIT
I(EATHERI LESTNE-
IFAA ROSENAU•
MARCH STOFSIAN-
ROBERTI DOWNS. JR•
ROBERT L SICIIEL•
ROVALD S. GELLERT'
LEED NIOYLAN•
ANTIIONYP TABASSO-
JASON C. NENEGAKIS
DANIEL 1. FEIN'ER-
J H9ECKSAIITFI-
S7ESENA KA YECM
%1INDY FRIEDNAb•
CS'4111A A CLARK
FPEDRICI NI%KLEP JR.-
NARIA A SA%CZLK-1
SIMI ASISTER-
GLENN A AEINER-
IFFFREYP FOSTER-
IIICIIAELA IACOSELLI-
DItIITRIL KAR.APELOU-
DASIEL P O'BRIES-?
JI.'LIEE Ss YDER-
INDREWL ZIN'ITZ-
DEBRA L SIARKO%iTL
C RAM F ZAPPETTI-
JENNIFER A IRRGA6G-
BRIAS E SHANAILAN' --
DAMS %tc L.ALGHLN
RAN01 L RUBIN-
'ALSO SIESIBER OF NEW JERSEY BAR
• %IENBEROFN'EW YORKS DELAWARE BARONLY
•'•NIENBFA OF NTiW YORK A AIASSACIIUSETTS BAR ONLY
••"NESIBER OF NEW YORK BAR ONLY
TALSO,%MSOIER OF DELAWARE BAR
I ILL SO MEMBER OF THE DISTRICT OF COLU1011A BAIL
I t tNENOER OF DELAWARE BAR ONLY
n 11SIENBER OF COLORADO A NEW JERSEY BAR ONLY
OALSO MEMBER OF NEW YORK BAR
WALSO NEABIER OF FLORIDA BAR
UCALSO%MNIBER OF NW;. F OTA BAR
*REGISTERED PATENT ATTORVEY
SI.W JF.RSEYOFTICF.
+37 HADOOSFIELD ROAD
SURE 510
CHERRY VIII. NEW JERSEY 08002 2^0
,nsh1+4b7%p
DELAWARE OFFICR
919 SIA RKET STREET
SURE ICOI
WRSILNGTON. DELAWARE 19501.1002
UMF+26-11R9
October 4, 1999
OF COUNSEL
DONALD N. HARRISON-
TERRANCEA.KLME00
ANDERS LAREN—
PORN F. STREET
E. CAROLYN HOCHSTADTER
DICKERO
ALANCASNOFF
Direct Dial: (215) 569.7007
Donald Kitner
100 2nd Street
New Cumberland, PA 17070
Re: Atlantic Capital Investments.. Demand tter
Dear Mr. Kitner.
We represent Atlantic Capital Investments, LLC, ("ACI") successor in interest to First Union
National Bank, successor in interest to Meridian Bank. Please consider this a demand letter in
connection with certain loans acquired by ACI and notice of ACT's intention to exercise the remedies
provided in the loan documentation and under applicable loan as a result of your default under these
loans.
Reference is made to the following three loans:
Account No.: 992604015
Date of Note: February 27, 1995
Maker of Note: Donald L. Kitner
Original Principal Balance: $25,000.00
Outstanding Principal Balance as of 7/27/99: $23,713.81
Interest at non-default rate as of 7/27/99: $ 3,470.21
Total Principal plus interest at non-default rate as of 7/27199: $27,184.02
KLEHR. HARRISON. FIARVEY, BR VNZBURG & F_LLERS LLr
Donald Kitner
October 4, 1999
Page 2
Loan
Account No.: 9926043020
Date of Note: May 16, 1994
Maker of Note: Donald L. Kitner 560,000.00
Original Principal Balance:
Outstanding Principal balance as of 7/27/99: 55132,0004'4.00
00
Interest at non-default rate as of 7/27/99: 516,424.51
Total Principal plus interest at non default rate as of 7/27/99:
Account No.: 9926043010
Date of Note: March 21, 1990
Maker of Note: Donald L. Kitner & Ester M. Kitner 000.00
Original Principal Balance: $$2524,,030.00
Outstanding Principal Balance as of 7/27/99: 5 1,983.79
Interest at non-default rate as of 7/27/99: 526,014.12
Total Principal plus interest at non-default rate as of 7/27/99:
Demand is made for payment on each of the above captioned loans. Loan One is a demand
obligation and demand is hereby made. Loan Two matured on May 15, 1999 and it has not been
paid. As a result, it is in default. Loaa Three is a demand obligation and demand is hereby made.
Each loan provides for interest to accrue at a default rate if payment is not made as and when
due. Please be advised that commencing October 11, 1999, if the full amount of principal and
interest, then due, is not paid, interest will accrue at the default rate commencing on October 11,
1999.
pursuant to the loandocuments, you are also obligated to reimburse the lender for attorney
fees and costs incurred in the collection of these accounts. Please be advised that the lender expects
and demands that all attorney fees and cost incurred in connection with this matter be reimbursed
by you. Therefore, at such time as you are prepared to satisfy the outstanding balances hereunder
of
the
please let us know and we will provide you with an up-to-date figure concerning
and
attorney fees and costs incurred. Because you are obligated to reimburse the bank for its ffeelf we
costs, the amount of the obligations can increase dramatically if they are not promptly paid. institute suit and exercise the remedies set forth in the loan documents, the fees and costs may be
substantial.
KLEHR, HARRISON. HARVEY. I3R.-\N7_BURG e. ELLERS LLP
Donald Kitner
October 4, 1999
Page 3
Pursuant to the loan documents, you have assigned to the lender a certain life insurance
policy number 40226543 issued by Equitable Life Assurance Society of the United States. This life
insurance policy has a cash surrender value. The lender hereby demand that you notify the life
insurance company to redeem that policy and remit the cash surrender value to the lender.
In addition to the life insurance policy, various items of tangible and intangible personal
property have been pledged to the bank as collateral including accounts receivable, inventory,
equipment and other personal property used or useable in the landscaping business. The lender
demands a turnover of all such collateral if the loans are not satisfied by October 11, 1999.
By copy of this letter, demand is made upon Esther Kitner for payment of Loan Three.
If you have any questions, please do not hesitate to call.
MRB/ps
cc: Ms. Esther Kitner
KLEIIR, I IAMUSON, 1-IARVI:Y, BRAN%BURG & ELLERS LLI'
BY: MORTON It. BRANLBURG, ESQ./DIMITRI L. KARAPFLOU, ESQ.
IDEN'rIFICATION NO.: 24477/76708
260 S. Broad Street
NI EYS FOR PLAINTIFF
Philadelphia, PA 19102 A'1701
(215) 568-6060
ATLANTIC NATIONAL TRUST, LLC
50 Portland Pier, 4th Floor
Port land, ME 04101,
V.
DONALD L. KITNER AND ESTHER M. KI'TNER
100 2nd Street
New Cumberland, PA 17070,
STA'T'E OF MAINE
COUNTY OF
Plaintiff,
COUR'I'OF COMiION PLEAS
CUMBERLAND COUNTY
NO.
Defendants.
AFFIDAVIT
ss.
Theodore V. Nest, being duly sworn according to law, deposes and states that he is a
Manager of Atlantic National Trust, LLC, I'luintiff herein , and, as such, is authorized to make this Affidavit
on its behalf; that the copies ofthc instruments attached as exhibits to the foregoing Complaint in Confession
PHn.l- 302448-1
of Judgment are true and correct copies of the original instruments; and that the matters set forth in the
foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge,
information and belief.
Sworn to and subscribed
before me this bLe-day
of Oc-U)"'A '1999.
NOTARY P L C
SNfI . ,-.
?naa
t,.
SHELLEY LtJFKIN
NOTARY PUBLIC. MAINE
tw CO'?Id?SS!'1? E+r?aPS'anv 201e
TI d re'. Nest
Pun.i- 702448-1
KLEHR, HARRISON, HARVEY, BRANZBURG & I:LLI:RS LLP
BY: MORTON R. BRANZBURG, ESQ./DIMITRI L. KARAPELOU, ESQ.
IDENTIFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 ATTORNEYS FOR PLAINTIFF
(215) 568-6060
ATLANTIC NATIONAL TRUST, LLC
50 Portland Pier, 4th Floor
Portland, ME 04101,
Plaintiff,
V.
DONALD L. KITNER AND ESTHER M. KITNER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
COURTOFCOMNION PLEAS
CUMBERLAND COUNTY
NO.
AFFIDAVIT OF LENDER
STATE OF MAINE
COUNTY OF
ss.
Theodore V. West, being duly sworn according to law deposes and states that he is a
Managerof Atlantic National Trust, LLC, Plaintiff herein, and, as such, is authorized to stake this Affidavit
on its behalf, and that this is not an action by seller, holder orassignee arising out ofa retail installment sale,
contract or account.
Sworn to and subscribed
before me this ? day
of 61- &VLe- r 1999.
NOTARY UBL
PHIL1- 302448.1
KLEI-IR, FIAIIRISON, HARVEY, BRAN%BURG & EL-LERS LLP
BY: MORTON R. BRANZBURG, ESQ./DIMITRI L. ICARAPELOU, ESQ.
IDENTIFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 ATTORNEYS FOR PLAINTIFF
(215) 568-6060
ATLANTIC NATIONAL TRUST, LLC
50 Portland Pier, 4th Floor
Portland, ME 04101,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
NO.
DONALD L. KITNER AND EST14ER M. KITNER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
AFFIDAVIT OF BUSMESS PURPOSES
STATE OF MAINE
ss.
COUNTY OF
Theodore V. West, being duly sworn according to law, deposes and states that he is a
Manager of Atlantic National Trust, LLC, Plaintiff herein, and,as such, is authorized to make this Affidavit
on its behalf; that the transaction represented by the instruments attached to the Complaint filed in this matter
as exhibits arose out of a business transaction and were: not entered into for family, personal or household
purposes.
Sworn to and subscribed
before me this day
of 1999.
19NOTARY PUBLIC
PHILI- 302448-1
KLEHR, HARRISON, HARVEY, BRANLBURG & ELLERS LLP
BY: MORTON R. BRANZBURG, ESQ./DIMITRI L. KARAPELOU, ESQ.
IDENTIFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 ATTORNEYS FOR PLAINTIFF
(215) 568-6060
ATLANTIC NATIONAL TRUST, LLC
50 Portland Pier, 4th Floor
Portland, ME 04101,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.
DONALD L. KITNER AND ESTHER M. KITNER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
AFFIDAVIT OF DEFAULT
STATE OF MAINE
COUNTY OF
ss.
Theodore V. West, being duly sworn according to law, deposes and states that he is a
Managerof Atlantic National Trust, LLC, Plaintiff herein, and, as such, is authorized to make this Affidavit
on its behalf; that the Defendants, Donald L. Kitner and Esther M. Kitner, are in default under the terms of
those Instruments attached to the Complaint in Confession of Judgment as exhibits and as a result of which
the following suns are due:
PHIL1- 302448-1
Principal
Interest (through 10/21/99)
Attorney's Collection Fees
(15% as per the terms of the Note)
TOTAL
524,030.33
4,002.89
4.20498
k32 238 20
Interest continues to accrue from and afterOctober2l, 1999 at $6.34 per diem.
Th c ore . West
Sworn to and subscribed
before me this /l?day
of 1999.
c
NOTAR PUBLIC
SHELLEY LUFKIr\!
N O'*Y PUfiL IC. MAINE
;G
°J
t^'
PHILI- 302448.1
KLEHR, HARRISON, HARVEY, BItANZBURG R ELLERS LLP
BY: MORTON It. BRANZBURG, ESQ./DIMITRI L. KARAPELOU, ESQ.
IDENTIFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 ATTORNEYS FOR DEFENDANT
(215) 568-6060
ATLANTIC NATIONAL-TRUST, LI-C
50 Portland Pier, 4th Floor
Portland, ME 04101,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
NO.
DONALD L. KITNER AND ESTHER M. KI'INER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
ENTRY OF APPEARANCE, PRAECIPE FOR
ASSESSMENT OF DAMAGES ANT) CONFESSION OF.IUDGMENT
TO TILE PROTHONOTARY:
Pursuant to the authority contained in the warrant of attorney, a true and correct copy of
which is contained in the Note attached as an exhibit to the Complaint filed in this action, I appear for the
Defendants named above.
1 hereby confess judgment in favor of Plaintiff and against Defendants, Donald L. Kitner
and Esther M. Kitner, jointly and severally, by virtue of the aforementioned warrant of attorney. Kindly
assess damages against Defendants, in the amount of $32,238.20 as follows:
Principal $24,030.33
Interest (through 10/21/99) 4,002.89
Attorney's Collection Fees
(15% as per the terms of the Note) 4.204.99
TOTAL ?32,23R.20
PHIL1- 302448-1
Interest continues to accrue from and after October 21, 1999 at $6.34 per diem, plus reasonable attorney's
feces incurred by Plaintiff pursuant to the Note.
KLELIIt, HARRISON, I [ARVEY,
BRAN%BUU?RGG & IiL.LERS LLP
Dated. B,.. J-?
1 Morton R. Branzburg, Esquire
Dimitri L. Karapelou, Esquirc
260 South Broad Street
Philadelphia, PA 19102
Attorneys for Defendants,
Donald L. Kitncr and Esther M. Kitncr
PHILI- 302448-1
I:
l!
i
KLEI IR, HARRISON, IIARVEY, BRANZBURG & ELLERS LLP
BY: MORTON R. BRANZBURG, ESQ./DIMITRI L. KARAPELOU, ESQ.
IDENTIFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 A'I-I'ORNEYS FOR PLAINTIFF
(215) 568-6060
ATLANTIC NATIONAL TRUST, LLC
50 Portland Pier, 4th Floor
Portland, ME 04101,
COURT OP COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
DONALD L. KITNER AND ESTHER M. KITNER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
NO.
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF MAINE
ss.
COUNTY OF
Theodore V. West, of full age, being duly sworn upon his oath according to law,
deposes and says:
I am a Manager of the Plaintiff, and as such I am authorized to make this
affidavit on its behalf.
PHILI- 702448-1
m
2. Defendant. Donald I.. Kitner is not in the military or naval service of the
United States or any slate or territory thercol; or of its allies, as set forth in the Soldiers and Sailors
Civil Rclicf Act of 1943, as amended.
3. Defendant. Esthcr NI. Kitner is not in the military or naval service of the
Unitcd States or any state or territory thercol; or of its allies, as set forth in the Soldiers and Sailors
Civil Relief Act of 1943, as amended.
Theodore V, Nest
Sworn to and subscribed
before me this -,Wday
of 1999.
NOTARY PUBLIC
SHELLEYLUFKlf"'`
NOTARY PUBLIC. l,WI,?E
PHILI- 302496-1
KLEFIR, IIARRISON, IIARVEY, BRANZBLJRG S-, ELLERS LLP
BY: MORTON It. BRANLBURG, ESQ./DINII'I'RI L. KARAPELOU, FSQ.
IDENTIFICATION NO.: 24477/76708
260 S. Broad Street
Philadelphia, PA 19102 ATTORNEYS FOR PLAINTIFF
(215) 568-6060
ATLANTIC NATIONAL TRUST, LLC COURT OF COMMON PLEAS
50 Portland Pier, 4th Floor
Portland, ME 04101, CUMBERLAND COUNTY
Plaintiff,
V. NO.
DONALD L. KITNER AND ESTIIER NI. KITNER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
AFFIDAVIT OF ADDRESSES AND CONJUGAL INCOME
STATE OF MAINE
ss.
COUNTY OF
I. I :un a Manager of the Plaintiffhercin, and 1 am authorized to mike this affidavit
on its behalf.
2. Plaintiffs address is 50 Portland Pier, 41h Floor, Portland, ME.
3. 'file address of the Defendants, Donald L. Kitner and Esther M. Kitner is 100 21ld
Street, New Cumberland, PA 17070.
PaIL1- 302448-1
4. To thcbest of myknowlcdge,informationandbelief, the household income of each
Defendant is in excess of $10,000.00 per year.
'I'hc ore V. est
Sworn to and subscribed
before me this ,J(i/"day
of (?,'&)Jun , 1999.
NOTAR UB I
SHELLEY Ll_I'=KIN
NOTARY PUSUC. I'r"*
MY COMMISSION EXPIRES VA' ' ^,.2a';
PNIL1- 302448-1
VERIFICATION
I, Theodore V. West, am a Manager of Atlantic Nitional Trust, LLC, Plaintiff herein, and
I am authorized to sign this Verification. The undersigned verifies that the statements contained in the
Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and
belief. The undersigned acknowledges and understands that the statements contained herein are subject to
the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities.
Th • d rc . Nest
PHILI- 302448-1
?o
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06608 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ATLANTIC TRUST BANK LLC
VS
KITNER DONALD L ETAL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
KITNER ESTHER M
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania, to
serve the within NOTICE UNDER RULE 2958.1
On March 21st , 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs: So ansytc>rs:
Docketing 6.00 i
Out of County 9.00
Surcharge 10.00 R'. Thomas Kline
Dep. York Co 25.75 Sheriff of Cumberland County
.00
50.75
03/21/2000
KLEHR, HARRISON, HARVEY
Sworn and subscribed to before me
this ??ru• day of 11
V
,;,&V-? A. D.
?,, C? 72uee:.? ?
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06608 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ATLANTIC TRUST BANK LLC
VS
KITNER DONALD L ETAL
DAVID MCKINNEY , Sheriff or Deputy Sher -iff Of
Cumberland County, Pensvlvania, who being duly sworn according to law,
says, the within NOTICE UNDER RULE 2958. 1 was served uoon
the
KITNER DONALD L
DEFENDANT , at 0018:05 HOURS, on t17±e 18th day of January 2000
at 1845 ORRSBRIDGE ROAD
MECIiANICSBURG, PA 17055 by handing to
DONALD KITNER
a tzue and attested copy of NOTICE UNDER RULE 2958.1 together with
OF JUDGEMENT & EXECUTION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.20
Affidavit .00
Surcharge 10.00
.00
34.20
Sworn and subscribed to before
me this day of
A. D.
(___?k_ • ?' )?mac.-?-#
Prothonotary
So AnsvieerQrs??:
R. Thomas Kline
03/21/2000
KLEHR, P ARRISON, HARVEY
By=
Deputy Sheriff
d
COUNTY OF YORK
OFFICE OF THE SHERIFF S(";'„y6 ?L
28 EAST MARKET ST., YORK, PA 17401
INSTRUCTIONS
SHERIFF SERVICE PLEASE TYPE ONLY LINES 1 TO 12
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES.
NATIONAL TRUST, LLC
Rule 2958.1 Notice
DONALD L. KITNER AND ESTHER M. KITNER
SERVE j - _'__ Esther M. Kitner
6. ADDRESS (STHEET OR RFD WITH BOX NUMBER, IT NO.. CITY. BORO, P. STATE AND ZIP CODE
AT 486 Old Stage Road, Lewisberry, PA
to
19 _ I, SHERIFF UFX
COUNTY to (
made at the request and risk of the plaintiff.
12
D
of
IPECULINSTRUCTIOhIS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITINGSERVIC : Uumoeriamw
PLEASE SERVE DEFENDANT ESTHER M. KITNER PER DEPUTIZED SERVICE FROM CUMBERLAND=COUNTY..
OUT OF COUNTY
CUMBERLAND
ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy shonff lovying upon or steering any property Iiptlor within writ may leave
same without a watchman, in custody of whomever is found In possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheri8 to any
plaintiff heraln for any loss, destruction, or removal of any property before sheriff's sale thereof. 10. TELEPHONE NUMBER 11. DATE FILED
9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE
/ Brian Ehmann Paralegal (215)568-6060 3/6/00
-_ rnov rn NAuo ANn ADDRESS BELOW: (This area must be completed It notice Is to be malled).
Dimitri L. Karapelou, Esquire, 260 S. Broad Street, Philadelphia, PA 19102
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. ExpiralionMeanng Dale
.1 acknowledge rraceipt of the writ
23
or complaint as indicated above J Ludwig 3/8/00 4/5/00
16.HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFFS OFF ( ) OTHER( ) SEE REMARKS
17. I hereW certif, and return a NOT FOUND because I am unable to locate the individual, company, corporation. etc_ named above. (See remarks- 'n rmo ,.I Ren,irs
a
Z.
? 3. Advance Costs 24. Service Costs 25. N IF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fea 31. Surcharge 32. Total Costs 33. Cost Due or elund
75 49.25
25
75.00 9.00 5.00 9.75 23.75
o 2.00
Tota
39 .
l Costs 40. Cost Due or Refund
.
osmge/N.F.
34. Foreign County Costs 35. Advance Costs 36. Smite Costs 37. Notary Can. 38. Mdeagelf
SO ANSWER.
h 44.Signature of 47.Da10
41.AFFIfl h rib
48.Date
Notary Pub(2
MELbL'£Y'(iTSHAf-FER 00 of York
45. Signature
,
42 dayof C1,, Sheriff i'
Yu 3/15/00
ion -1 hne William M. Hose
43,
OmryP
P tAry 46.Slgnatum of Oreign 49.Dato
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uv r-nv ICCInm FYPIRFS ill/ '?, G011n 6hCdg . ne,u Pnro 'vM
50.IACKNOWLEDGE RECEIPTOF THE SHERIFFS RETURN SIGNAtuae
OF AUTHORIZED ISSUING A ITHORITY AND TITLE
1. WHITE- Issuing Authority 2.PINK-Ahomey 3. CANARY - Sheriffs office 4. BLUE - Sheriff's Office
COUNTY OF YORK
- '?
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ore
,
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° OFFICE OF THE SHERIFF S
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I I ..._.
_ Ky (717)7719 01
_
I A
28 EAST MARKET ST., YORK, PA 17401
INSTRUCTIONS
t • \ SHERIFF SERVICE 1 TO 12
PLEASE TYPE 'ONLY LINES
PROCESS RECEIPT, and AFFIDAVIT OF RETURN ,
DO NOT DETACH ANY COPIES
.
n 1.PLAINTIFFISr 2.99UKTNUMBER 99-6605
ATLANTIC NATIONAL TRUST, LLC 4. TYPE OF WRIT OR COMPLAINT
-3. DEFENDANTO Rule 2948.1 Notice ;o-
DONALD L. KI1'NER AND ESTHER M. KITNER ?
5. NAME OF INDIVIDUAL, COMPANY CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
SERVE
.
Esther N. Kitner
6. ADDRESS (STREET ORyRFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE
AT 486 Old Stage Road, LewisberrY, PA
to
19 1, SHERIFF OF OUNTY,' PA, do hereby;dapuBze the sheriff of .
COUNTY to execute this Writ and make return thereof according
at the regtlQSt and risk of the plaintiff. ' ' - - '
• ' B. SPECIAL INSTRUCTIONS OR OTHEKIi9FOHMATIPN THAT frl"ASSIST rRCAFtar r mU atrywme: .l- r.,
PLEASE SERE DEFENDANT ESTHER M. KITNEP FER`DEPUTIZED SERVICE FROM CU11BERLLA COUNTY.
our OF COUNTY
CUMBERLAND
ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF
' NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: -N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within wnl may leave
same without a watchman. In malady of whomever is found in possession, after ndtilying person of levy or attachment, without liability on the part of such deputy or the short to any
plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. - 1
--iS.-TYPE NAME AND ADDRESS of ATTORNEYIORIGINATOR and SIGNATURE ; 10. TELEPHONE NUMBER 11. DATEFILED...,
/ Brian Ellmann, Paralegal (215)568-6060 3/6/00 y
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be malled). _..`
_ Dimitri L. Karapelou, Esquire, 260 S. Broad Street, Philadelphia, PA 19102
r I +:: SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
Date
` 13.1 acknowledge receipt of the will' SIGNATURE OF AUTHOHIZED CLERK 14. Data Received - 15 EvpiratiaNHeannif
I _.
. orcomplaim as indicated above. J. LUCYw1g- 3/8/00 4/5/00
t.. . 16.HOWSERVEDi+PERSONAL( RESIDENCE( ) POSTED( ) POEO SHERIFF'SOFF( ) OTHER( SEEREMARKS
`: 17. hereby ceNty antl rerun
to NAME AND TITLE OF,IND
21. ATTEMPTS Dptl Time
a.
Z
T FOUND because 1 am unable to locate the individual, company, corporation, etc. named above. (See remarks below.)
L SERVED I UST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service
Int. Data Time Mlles Int. Dale Time Mlles Int. Date Time Mlles Int. Date Time Mlles Int. Date [nme iMilee' Int.
SC
3. Atlvenca Costs 24. Service Costs 25. NIF 26. Mileage 27. Postage 28. Sub Totat 29. Pound 30. Notary Feo 31. Surcharge 32. Total Costs 33. Cast Duo or Rotund
75.00 9.00 5.00 9.751 1 23.75 2.00 25.75
1 4
34: Foreign County Costs 35. Advance Costs
- 36. Servico Casts 37. Notary Can. 38. Mileage/Postage/N.F. 39. Total Costs 40. Cost Duo or Refund
SO ANSWER.
41.AFFIRMED and subscribed to before me this 1.5th 44. Signature of 47. Date
. Short Dan,
42.day of March``
18'`200f
45. Signature of York - Count
Sheriff 46. Dale
aaJ / ?: ?!I ? y
'M.IIianl M. Hose '1- /- .?h. ?-. 3/15/00
'. ph "M 46. Signature of oraign 49.0ate
MY COM ISSION EXPIRESl/ 110,. County Shang
5n IArwmnm FOr.F RFOFIPTOF THE SHERIFFS RETURN SI GNATURE 51. Data Recei ved
It
i
;yJySS
ii
-s
a
rS
OF AUTHORIZED ISSUING At RHORITY AND TITLE I
1. WHITE- IssuingAuthority 2.PINK-Adomey 3. CANARY - Sheriffs Office 4. BLUE-Sheriff's Office
I ?.
r
r -
KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP
BY: Morton R. Branrburg, Esquire/Dimitri L. Karapelou, Esquire
I.D. Nos.: 24477/76708
260 South Broad Street
Philadelphia, PA 19102
(215) 568-6060 ATTORNEYS FOR PLAINTIFF
ATLANTIC NATIONAL TRUST, LLC
50 Portland Pier, 41h Floor
Portland, ME 04101,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
NO. 99-6608
DONALD L. KITNER AND ESTHER M. KITNER
100 2nd Street
New Cumberland, PA 17070,
Defendants.
NOTICE UNDER RULE 2958.1
OF .JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Esther M. Kitner
486 Old Stage Road
Lewisberry, PA
A judgment in the amount of $32;238:20 has been entered against you and in favor of the
Plaintiff without any prior notice or hearing, based on a Confession of Judgment contained in a
written agreement or other paper allegedly signed by you. The Sheriff may take your money or
other property to pay the Judgment at any time after thirty (30) days after the date on which this
notice is served upon you.
nm.1:3o6112.1
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST PILE A PE nTION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE Wrfl-IIN THIRTY (30) DAYS AFTER TIIE
DATE ON WI IICI-I THIS NOTICE IS SERVED UPON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE T IIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 1-IEL13:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240.6200
MORTON It. BRANZBURG, ESQUIRE
DIMITRI L. KARAPELOU, ESQUIRE
Klehr, Harrison, Harvey, Branzburg & Ellers LLP
260 South Broad Street
Philadelphia, PA 19102
(215) 568-6060
Attorney for Plaintiff
I'I III.: 304412. I
,;
?pu!
KLEI lit, IIARRISON, IIARVIiY, IIRANZBURG & ELLERS 1.1,1,
BY: MORTON R. IIRAN%BURG. ESQ./DI\ HIM L. KARAI'l;LOU. ESQ.
IDEN'riFICA'f ION NO.: 24477/76705
360 S. Broad Street
Philadelphia, PA 19102 A']-fORNI:%'S FOR PLAINTIFF
(215) 565-6060
A'T'LANTIC NATIONAL TRUST. LU.'
50 Portland Pier- •Ith Floor
Portland. N-11"04 101.
C'OURTOF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff:
v
NO. 99-66115 Cl VI L.
DONALD L. KITNER
100 2nd Street
New Cumberland, PA 17070
Defendant.
PRAECIPE TO NIARK.I000D11SN'1' SATISFIED
TO THE PROTHONOTARY:
Kindly mark satisfied the judgment entered by confession in the above-reflerencec! matter
on November I. 1999 in the amount of S32.235.20.
Dated: September 23, 2002
PHIL1: +78652-1
f
)imitri L.. Karapclou. lisquirc
r
P_ C t.
Ii-
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UJ L7G
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i4i O
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
O Original Order/Notice
State Commonwealth O( Pennsyll'ania O Amended OiderlNmice
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 11/15/04 O Termmale OuledNmicc
Tribunal/Case Number (See Addendurn for case surnmary)
RL MINER, THEODORE T.
Employer/WaInholder's I ederal [IN Nmrdx,, f. ngdoyedOblil:or's Name o-asl, first, Nil)
084-40-8255
L mployee/Obligor's Social Security Number
TYCO ELECTRONICS 5883100403
M S 161 051 I:mployee/Obligor's Case Identifier
PO BOX 3608 , '77 9. (j?b l- f (See Addendum for plaintiff names
HARRISBURG PA 17105-3608 (p oZJ
5
/
) .associated with cases onattachmeat)
/(p /O
/??L
S£ 5 Cn, Nlial Parem's Name (fast, I irsl. Nan
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORNIATION: This is an Order/Notice to Withhold Income for Support based upon an order forsupport
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0. oo per month in current support
$ o. oo per month in past-clue support Arrears 12 weeks or greater? Oyes ® no
$ o . oo per month in medical support
$ o . oo per month for genetic test costs
$ per month in other (specify)
for a total of $ 0.00 per month to he forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ o. o o per weekly pay period.
b o. oo per biweekly pay period (every two weeks).
5 o.oopersemimonthly pay period (twicea month).
$ o. o o per monthly pay period.
REMITTANCE INFOR&IATION:
You must begin withholding no laler Than the first pay period occurring ten (10) working (lays after the (late of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See ,t10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
f 0?1 .-BY THE RT:
Date of Order: 1' OV 1 ZN n
C=lSloa?° f/c?j?' C'
Form EN-028
Service Type M o.rev, onw15J WorkerlD $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
li {{heckesl you ,rte required to provide a foPy of this form to your CCm rloyee. If yo remployre} orks in a slate that ed.
(if rent from Ihe slate that issuedf This or[ era copy must be provi[IC[I to your employee even it [IIre box is not checke
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses locatecl on a reservation that choose to withhold in accorclanee with this notice..
2. Priority: Withholding under [his Order/Notice has priority over any other legal process under State law against the same income.
Fcxleral lax levies in effect before receipt of this orderhme priority. If there arc Fetleral tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: you can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify, the portion of the single payment that is a ttribulable to each
entployce/obligor.
4.'-Reporting the-Paydate/Dale of Withholding:-You must report thepaydateldate of withholdingwhen sending -Ihepaymenl.-The-
paydateJdateof-svithholding-is lhedale on which-amount was wilhheld-from the employee'slvagm You must comply with Ihe lase of the
state of the employee's/obligor's principal place of employment with respect to Ihe tins periods within which you must implement [lie
withholding order and fomard Ihe support payments.
5.' Employee/Obligor willf Multiple Support Holdings; If there is more than one Order/Notice to Withhold income for Support against
this employeetobligor and you are unable to honoralI support Order/Notices due to Federal or Stale withholding limits, you must follow
the law of Ihe state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to [he greatest extent
possible. ISee ?:10 below)
6. Termination Notification: You must promptly notify the Requesting Agency when Ihe employee/obligor is no longer working for you.
Please provide [lie information requested and return a copy of this OrdedNOlice to Ihe Agency identified below.
WITHHOLDER'S ID: 2303325750
EMPLOYEE'S/OBLIGOR'S NAME: MINER THEODORE T.
EMPLOYEE'S CASE IDENTIFIER: 5883100403
DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the omployee%obligor's income and olherpenahies set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case Ihe law of the State in which he or she is employed governs.
9. Antidiscrimination: You are subject to a finedetermined under Slate law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinaryaction against any employee/obligor because of a support withholding. Pennsylvania Stale lase
governs unless Ihe obligor is employed in another Stale, in which case the law of Ihe Stale in which he or she is employed governs.
10.' Withholding Limits: You may not withhold more than [lie lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. § 1673 (b) I: or 2) the amounts allowed by the Stale of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: Stale, Federal, local taxes; Social Security taxes; and rviedicare taxes.
11. Additional Info:
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Submitted By:
AOMed By RELATIONS SECTION If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 CARLISLE PA 17013 or
by Internet www.childsupportslate pa us
Service Type Page 2 of 2
M Form EN-028
n5re n1: 011;14,15+ WorkerlD $IATT
f.C a