HomeMy WebLinkAbout13-5397 OF H EE PRGo Tl4uN0 TAR Y
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Funk &Bolton, P.A. CUMBERLAND ������
By: Eric S. Schuster, Esquire, I.D. No. 85362 P ENNSYLVA NIA COUNTY
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION — LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. 13 - 5397 alkvil
and JO ANNE S. KRONENBERG
Defendants.
CONFESSION OF JUDGMENT
I appear for the Defendants, William M. Kronenberg and Jo Anne S. Kronenberg, by the
authority contained in the loan documents executed by the Defendants in favor of the Plaintiff, a
true and correct copy of which is attached as an Exhibit to the Complaint filed in this action, and
confess judgment in favor of the Plaintiff and against the Defendants, William M. Kronenberg
and Jo Anne S. Kronenberg, jointly and severally, as follows:
Principal $131,933.91
Interest (as of 9/6/13) 1,962.52
Per Diem 16.49
Subtotal: 133,896.43
Attorneys' Fees: 13,389.64
(10% of $133,896.43)
Late Charges: 7,543.23 ln•co P p ATH
0,4 13 tpq
e 01 9d630 I
klb4ice �,Uail ec
Satisfaction Fees: 40.00
Total Amount Due under
the Note (through 9/6/13): $154,869.30
Under the terms of the loan documents, the Plaintiff is entitled to reimbursement for all
attorneys' fees, late charges, and other costs of collection.
WHEREFORE, the Plaintiff demands judgment against the Defendants, William M.
Kronenberg and Jo Anne S. Kronenberg, jointly and severally, in the total amount of
$154,869.30, together with interest from September 7, 2013, forward at the current rate of $16.49
per day, and costs.
Eric S. Schuster (I.D. No. 85362)
Funk & Bolton, P.A.
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201 -3111
410.659.4983 (telephone)
410.659.7773 (facsimile)
Attorneys for Susquehanna Bank
Dated: September , 2013
13010.026:157330
Funk & Bolton, P.A.
By: Eric S. Schuster, Esquire, I.D. No. 85362
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION — LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. t 3, x311 -tafik
and JO ANNE S. KRONENBERG
Defendants.
COMPLAINT FOR CONFESSION OF JUDGMENT
1. The Plaintiff, Susquehanna Bank, f/k/a Community Banks is a Pennsylvania state
chartered commercial banking corporation (the "Plaintiff').
2. Defendants, William M. Kronenberg and Jo Anne S. Kronenberg, are adult
individuals with a last known address of 605 Devonshire Drive, Carlisle, Pennsylvania, 17013
(the "Defendants ").
3. Plaintiff made a loan in the original principal amount of $150,000.00 ( "Loan ") to
the Defendants as evidenced by a Promissory Note dated October 22, 2007, in the aforesaid
principal sum, as modified (collectively, the "Note "). A true and accurate copy of the Note is
attached hereto as Exhibit "A" and is incorporated herein by reference.
4. The amount owed under the Note is as follows:
Principal $131,933.91
s
Interest (as of 9/6/13) 1,962.52
Per Diem 16.49
Subtotal: 133,896.43
Attorneys' Fees: 13,389.64
(10% of $133,896.43)
Late Charges: 7,543.23
Satisfaction Fees: 40.00
Total Amount Due under
the Note (through 9/6/13): $154,869.30
5. The Note, with the confession of judgment and warrant of attorney, was executed
by the Defendants on October 22, 2007.
6. Plaintiff has not assigned the Note and is a holder thereof.
7. The Judgment is not being entered against a natural person in a consumer credit
transaction.
8. The Judgment has not been entered on the Note in any jurisdiction.
9. The Defendants are in default of their obligations under the terms of the Note due
to, without limitation, failure to pay upon the maturity of the Note.
10. The Plaintiff is authorized to enter judgment by confession against the Defendants
under the terms of the Note at this time.
WHEREFORE, the Plaintiff demands judgment against the Defendants William M.
Kronenberg and Jo Anne S. Kronenberg, jointly and severally, in the total amount of
$154,869.30, plus interest after September 6, 2013, at the rate of $16.49 per day and brings the
attached Promissory Note into Court to recover said sum.
r
Eric . Schuster (I.D. No. 85362)
Funk & Bolton, P.A.
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201 -3111
410.659.4983 (telephone)
410.659.7773 (facsimile)
Attorneys for Susquehanna Bank
Dated: September I , 2013
AFFIDAVIT
STATE OF Mary
CITY /COUNTY OFOxna l TO WIT:
Denise Aherne- Venzke, being duly sworn according to law, deposes and says she is a
duly authorized officer of Susquehanna Bank, Plaintiff herein; she is authorized to execute this
Affidavit on behalf of the Plaintiff; that the facts set forth in the foregoing Complaint for
Confession of Judgment are true and correct to the best of her knowledge, information, and
belief; and that the document attached as an Exhibit to the Complaint is a true and accurate copy
of the original.
Denise Aherne - Venzke,
Vice President
Sworn to and subscribed before me
this 16 day of Se m 2013
DEAN
IN # �OQ`;�PFiY p(igT��•'.
. 20 MY �
COMMISSION Z
�y 4/27/2014 EXPIRES
.-
006%2
13010.026:157329
111111
PROMISSORY NOTE
I P1?ttGipa! Laaii Mato Matur#ty 4tiBtTTp+
B,7�i7,flp0 00: :10 =�2 2007': 12 �1 >2Qbi� :;9010;�'a�7f?.. .. �A Vii£ A�au�t
References in the shaded area are for Lender's use only and do not limit the sppiicabifity of thia document to any particular loan or Ite
Any item above containing " "'" has been omitted due to text length limitations. EX IBIT
Borrower: Wiliam M. Kronenberg (SSN: 172 -32 0780) Lender: CommunityBanks
Jo Anne S. Kronenberg (SSN: 206.38 -14591
605 Devonshire Carlisle
Drive 1196 Walnut Bottom Road
Carlisle, PA 17013 Carlisle, PA 17013
Principal Amount: $ 150,000.00 Date of Note: October 22, 2007
PROMISE TO PAY. William M. Kronenberg and Jo Anne S. Kronenberg ( "Borrower ") jointly and severally promise to pay to Communityeanks
( "Lender "), or Order, in lawful money of the United States of America, the principal amount of One Hundred Fifty Thousand & 00/100 Dollars
15150,000.00), together with interest on the unpaid principal balance from October 22, 2007, until paid in full.
PAYMENT. Subject to any payment changes resulting from changes in the Index. Borrower will pay this loan in accordance with the following
payment schedule: 13 monthly consecutive interest payments, beginning November 30, 2007, with interest calculated on the unpaid principal
balances at an interest rate based on the Wall Street Prime Rata as published in The Weil Street Journal (currently 7.750 %), plus a margin of
0.500 potcantsge points, resulting in an initial interest rate of 8.250 %; and one principal and interest payment of $151,065.63 on December
31, 2008, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime Rate as published in The
Wall Street Journal (currently 7.750 %), plus a margin Of 0.500 percentage points, resulting In an initial interest rate of 8.250 %. This estimated
final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual
final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless
otherwise agreed or required by applicable law, payments will be appled first to any accrued unpaid interest; then to principal; then to any
unpaid collection costs; and then to any late charges. The annual Interest rate for this Note is computed on a 365/360 basis; that is, by
applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual
number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index
which is the Wall Street Prime Rate as published in The Wall Street Journal Ithe "Index "). The Index Is not necessarily the lowest rate charged
by Lender on its loans. If the index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying
Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than
each day. Borrower understands that Lender may make loans based on other rates as well. The index currently is 7.750% per annum. The
interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment"
section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream
will be effective as of the last payment date of the just - ending payment stream. NOTICE: Under no circumstances will the interest rate on this
Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do
one Or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date. (B)
increase Borrower's payments to cover accruing interest, iC) Increase the number of Borrower's payments, and (0) continue Borrower's
payments at the same amount and increase Borrower's final payment.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be
subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the
foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed
to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early
payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender
payments marked "paid in full ", "without recourse ", or similar language. If Borrower sends such a payment. Lender may accept it without
losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written
communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes
"payment in full" of the amount owed or that is tendered with other conditions Or limitations or as full satisfaction of a disputed amount must be
mailed or delivered to: CommunityBanks, Carlisle, 1196 Walnut Bottom Road, Carlisle, PA 17013.
LATE CHARGE. if a payment is 10 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled
Payment or $50.00, whichever Is greater.
INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the interest rate on this Note shall be Increased by
adding a 2.000 percentage point margin VDefault Rate Margin "), The Default Rate Margin shell also apply to each succeeding interest rate
change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the
Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment is entered in connection with this Note,
interest will continue to accrue after the date of judgment at the rate in effect at the time judgment Is entered. However, in no event will the
interest rate exceed the maximum interest rate limitations under applicable law.
DEFAULT. Each of the following shall constitute an event of default VEvent of Default ") under this Note:
Payment Default. Borrower fails to make any payment when due under this Nola.
Other Defaults. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in
any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement
between Lender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or
sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
False Statements. Any warranty, representation or statement made or furnished to Lander by Borrower or on Borrower's behalf under this
Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false
or misleading at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency
of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicief proceeding, self -help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan.
This includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall
not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or
forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or
a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate
reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs In Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note Is impaired.
Insecurity. Lender in good faith believes itself insecure.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable low, declare the entire unpaid principal
balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay
Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or
not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings lincluding efforts to modify or vacate any automatic stay
or injunction), and appeals, if not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by
law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury Vial in any action, proceeding, or counterclaim brought by either Lender
PROMISSORY NOTE
Loan No: 901026170 (Continued) Page 2
or Borrower against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender In the
Commonwealth of Pennsylvania.
CHOICE OF VENUE, If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender !whether
checking, savings, or some other accounts. This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may
open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by
law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums awing on the indebtedness against any
and all such accounts.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein: a
Mortgage dated October 22, 2007, to Lender on real property located In Cumberland County, Commonwealth of Pennsylvania.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not effect the rest of the Note. Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them, Each Borrower understands and agrees that, with or without notice
to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend
additional credit; (b) after, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms
of any indebtedness, Including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate,
fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the
order or manner of sale thereof, including without limitation, any non - judicial sale permitted by the terms of the controlling security agreements,
as Lender In its discretion may determine; le) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties,
endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and whet application of
payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs,
guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for
any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in
the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree
that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The
obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect
the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT
AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND
ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR
MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL
BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE
EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN
FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A
HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER
SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNO DGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS G EN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUT AND HAVE THE EFFECT OF A
SEALED INSTR ENT ACCORDING TO LAW.
BORROWER:
(Son))
X -�-� -� `
(Seal)
1111117N .... b a no S. Kroh enberg
Signed, acknowled and delivered In the presence of:
X`
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DISC. S _ RE FOR CONFESSION OI U_ JMENT
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References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "t' •-" has been omitted due to text length limitations.
Borrower William M. Kronenberg ISSN: 172 -32 -0780) Lender CommunityBanks
Jo Anne S. Kronenberg (SSN: 206 -36 -1459) Carlisle
605 Devonshire Drive 1196 Walnut Bottom Road
Carlisle, PA 17413 Carlisle, PA 17013
Declarant Jo Anne S. Kronenberg (SSN: 206.36.1459)
605 Devonshire Drive
Carlisle, PA 17013
DISCLOSURE FOR CONFESSION OF JUDGMENT
1 AM EXECUTING, THIS DAY OF –CF C L A - 4 � ,.20fL, A PROMISSORY NOTE FOR $150,000.00 OBLIGATING
ME TO REPAY THAT AMOUNT.
A. i UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY FESSION AS PROVIDED FOR W THE CONFESSION OF JUDGMENT PROVISION.
INITIALS:
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS: :?_�:„
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
M L, .;URE FOR CONFESSION OF JL...ENT
Loan No.: 901025170 (Continued) Page 2
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT A CORDING TO LAW.
DE NT:
(Seal?
o nn S. Krone erg
i ad acknowledged and delivere in the presence of:
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Witness
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' DISC. L RE FOR CONFESSION Of v. 3MENT
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.. ♦. , r......_,.,,,r:n......._ .... ... ......�......d.__..� .'�'V�.Y.t^ . .. ��� :,t,.��.y'"',tF,. rr S_rN,.:., f,E.v ;•''1:��- .;.w....,.. .: ,v:,- ,.,.....,,. -:< -- :±', ...v:. :.: ,. — -- -
References in the shaded area are for Lender's use only and " do not limit the appllcebility of this document to any particular loan or item.
Any item above containing " has been omitted due to text length limitations.
Borrower: William M. Kronenberg (SSN: 172 -32 -0780) Lender Community8anks
Jo Anne S. Kronenberg (SSN: 206 -36 -1459) Carlisle
605 Devonshire Drive 1196 Walnut Bottom Road
Carlisle, PA 17013 Carlisle, PA 17013
Declarant William M. Kronenberg (SSN: 172 -32 -0780)
605 Devonshire Drive
Carlisle, PA 17013
DISCLOSURE FOR CONFESSION OF JUDGMENT
1 AM EXECUTING, THIS 2°Z DAY OF 20SZ. A PROMISSORY NOTE FOR $150,000.00 OBLIGATING
ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME_ BY��.,�,ONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: " - `-:` *Y < - ' >r,',
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, i AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITT BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS:
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. l WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
/ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN i INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
Dt L. .URE FOR CONFESSION OF X BENT
Load No: 901025170 (Continued) Page 2
THIS DISCLOSURE IS GIVEN NDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INST MENT ACCORDING TO LAW.
DE LAR
X 1Soail
William . Kro n erg
Signed, acknowledged and dAlivered In the presence of:
X 1
7Mtne '
X
Witness
"SEA PRO �dmg, YM. b.04.00.000 Copt. MM„W fNUeNN 9eW1ia4, M9, 1997, 1W7. M Aigp4141—d. M ►cjNAALAM01Cp1L►1.1000.(C 79.39)G) M -N
AGREEMENT TO MODIFY
This Agreement made this c� A day of February 2009, between William M.
Kronenberg and Jo Anne S. Kronenberg, hereinafter referred to as "Borrower," and
CommunityBanks, now known as Susquehanna Bank, hereinafter referred to as "Bank."
WHEREAS, the Bank is the holder of a Note, account number 901025170, to secure
the original principal sum of One Hundred and Fifty Thousand and 00/100 Dollars
($150,000.00), given by Borrower to Bank dated October 22, 2007, which is secured by
certain collateral therein described.
AND, WHEREAS, Borrower desires to extend the term of the indebtedness until
September 30, 2009. Interest shall continue to be due and payable as it accrues on the 30th
day of each month for so long as there is any principal balance outstanding. Principal and
interest shall be due and payable in full to Bank on or before, September 30, 2009.
NOW, THEREFORE, it is agreed between the parties, in consideration of mutual
benefits accruing to both parties and for other good and valuable consideration as follows:
1. The terms of the Note shall be modified as set forth above without any discharge or
release of the indebtedness.
2. All the terms, conditions, stipulations, and prohibitions contained in the said Note
not inconsistent herewith are hereby ratified and confirmed and remain in full force and effect.
3. This Agreement shall be binding on and inure to the benefit of the parties hereto,
their heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year aforesaid.
BORRO E
Witnes (Seal)
i M.K b rg
Witnes Peal)
J Anne . Kro nb
SUSQUEHANNA BANK
By:
Je e iller, V e President
i
t
Susqueharena
AGREEMENT TO MODIFY
This Agreement made this 27"' day of October 2009, between William M. Kronenberg
& Jo Anne S. Kronenberg, hereinafter referred to as "Borrower," and Susquehanna Bank f /k/a
CommunityBanks, hereinafter referred to as "Bank."
WHEREAS, the Bank is the holder of a Note, account number 901025170, to secure
the original principal sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00),
given by Borrower, to Bank dated October 22, 2007, which Note was last amended on
February 9, 2009, which is secured by certain collateral therein described.
AND, WHEREAS, Borrower desires to extend the term of the indebtedness. The
extended maturity date shall be September 30, 2010. The final installment of all remaining
principal and interest, if any, shall be due and payable on or before said date.
AND WHEREAS, the interest rate on this loan shall now be indexed to the Prime Rate
as quoted in the "Money Rates" section of the Wall Street Journal plus 1.00% and shall be
adjusted concurrently with each change in said Prime Rate, effective on the first day of the
billing cycle after the date of this agreement. The Prime Rate is currently 3.25 %. Borrower
agrees that under no circumstances will the interest rate on this Note be less than 4.50% per
annum or more than the maximum rate allowed by applicable law.
AND, WHEREAS, Borrower will pay such indebtedness in one principal payment of
$148,053.49 plus interest on September 30, 2010. This payment due on September 30,
2010, will be for all principal and all interest not yet paid. In addition, Borrower will pay regular
monthly payments of all accrued unpaid interest due as of each payment date, beginning
October 30, 2009, with all subsequent interest payments to be due on the same day of each
month after that. Unless otherwise agreed or required by applicable law, payments will be
applied to accrued unpaid billed interest, then to principal and any remaining amount to any
unpaid collection costs and late charges. Monthly installments may be recalculated based on
the remaining term of the loan and the interest rate in effect at that time. Payments may be
recalculated monthly.
AND, WHEREAS, Bank is willing to consent to such modifications, provided that
Borrower pays to bank a modification fee of $250.00.
AND, WHEREAS, the Financial Statements requirement is being modified as set forth
herein: Borrower will furnish, upon the request of the Lender, Borrower's financial statement,
prepared by Borrower, and Borrower's completed federal tax return. All financial reports
required to be provided under this Agreement shall be prepared in accordance with generally
accepted accounting principles, applied on a consistent basis, and certified by Borrower as
being true and correct. Borrower further agrees to provide, upon the request of the Lender,
any additional financial information Lender may deem necessary.
1 SBCS
r
NOW, THEREFORE, it is agreed between the parties, in consideration of mutual
benefits accruing to both parties and for other good and valuable consideration as follows:
1. The terms of the Note shall be modified as set forth above without any discharge or
release of the indebtedness.
2. All the terms, conditions, stipulations, and prohibitions contained in the said Note
not inconsistent herewith are hereby ratified and confirmed and remain in full force and effect.
3. This Agreement shall be binding on and insure to the benefit of the parties hereto,
their heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year aforesaid,
O R:
Witne �_
(Seal)
r M. K n er
Witnes
Anne S ion b
SUSQUEHANNA BANK
B
r, Vice Preside
2 sacs
na
Susquehan
AGREEMENT TO MODIFY
This Agreement made this ay of September 2010, between William M. &
Joanne S. Kronenberg, hereinafter referred to as 'Borrower," and Susquehanna Bank,
hereinafter referred to as "Bank."
WHEREAS, the Bank is the holder of a Note, account number 901025170, to secure
the original principal sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00),
given by Borrower to Bank dated October 22, 2007, which Note was last amended on
October 27, 2009, which is secured by certain collateral therein described.
AND, WHEREAS, Borrower desires to extend the term of the indebtedness and
continue to repay such indebtedness in accordance with the current terms and conditions.
The extended maturity date shall be October 22, 2011. The final installment of all remaining
principal and interest, if any, shall be due and payable on or before said date.
AND, WHEREAS, The Borrower agrees to pay all accrued late fees owed and already
billed to them in the total amount of $150.00. This total amount due is payable on or prior to
the date of the execution of this Agreement.
AND, WHEREAS, the Borrower agrees to pay the interest owed portion of $572.66
already billed to them. This payment is due on or prior to the date of the execution of this
Agreement.
AND, WHEREAS, Bank is willing to consent to such modifications, provided that
Borrower pays to bank a modification fee of $300.00.
NOW, THEREFORE, it is agreed between the parties, in consideration of mutual
benefits accruing to both parties and for other good and valuable consideration as follows:
1. The terms of the Note shall be modified as set forth above without any discharge or
release of the indebtedness.
2. All the terms, conditions, stipulations, and prohibitions contained in the said Note
not inconsistent herewith are hereby ratified and confirmed and remain in full force and effect.
3. This Agreement shall be binding on and insure to the benefit of the parties hereto,
their heirs, executors, administrators, successors, and assigns.
1 SBCS
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year aforesaid.
OR P W ER:
Witness.. - {Seal)
Kronenb'
W itne
oa a S. Kro nber
SUSQUEHANNA BANK
g �
e e Ier, ice President
2 SBCS
THIRD CE, 1ArV1k1VV I
THIS THIRD FORBEARANCE AGREEMENT ( "AGREEK5M) is made as of the
day of December, 2012, by and among William M. Kronenberg and Jo Anne S.
�rg ("BORROWERS') and Susquehanna Bank fWa ConunumtyBank,s ("BANK').
RE AI S
The BANK entered into a commercial loan transartion with the BORE TOWERS pursuant
to which the BANK agreed to loan and did loan to the BORROWERS a
print' ;opal amount of One
Htmdrad and Fifty Tbousand Dollars ($150,000.00 ("LOAN"). AN'). The LOAN'is evidenced by an
October 22, 2007, Promissory Note fmm the BORROWERS to the order of . the BANK in the
migirail principal amount: of One Hundred and Filly Thousand Dol1ars! as
modified (collectively, the "NOTE ).
The obligations of the BORROWERS to the BANK under the LOA N are secured by,
among other things, a duly perfbcted lien on certain real property and improj eenments thereon in
Cumberland County, Pennsylvania, commonly known as Lot #6 of Shaffer R usiness Far k, West
Suncrest Drive, Carlisle, Pennsylvania ("PROPERTY"), as evidenced by , 3 Mortgage dated
October 22, 2007, from the BORROWERS for the benefit of the BANK and r; worded among the
land records of Cumberland County, Pennsylvania (the "MORTGAGE).
The BORROWERS and the BANK entered into Forbearance Agreeme its dated February
20, 2012 and August 27, 2012 with respect to the LOAN` FORBEARANCE
AGREEMENTS ").
The NOTE,- MORTGAGE and FORBEARANCE AGREEMENTS,:. together with all
documents executed in connection with or related to the LOAN, are herei rafter collectively
referred. to as the "ORIGINAL LOAN DOS s, The O IGINAL LOAN
DOCUMENTS, this AGREEMENT, and all documents to be executed delivered to the
BANK pursuant to the terms and conditions of this AGREEMENT and all ►of the documents
relating thereto and/or executed in connection therewith, are hereinafter tolls :lively referred to
as the "LOAN DOGS."
The BORROWERS defaulted under the terms of the IRAN and the C RIGINAL LOAN
DOCUMENTS for reasons including, but not litmted to, the €ailum to pay the balance due upon
the maturity of the LOAN and upon the date set forth in the August 27, 2012 FORBEARANCE
AGREEMENT (collectively, the "EXISTING DEFAULTS"). As a re sult 1 the EXISTING}
DEFAULTS, demand was made upon the BORROWERS for the immediate px ymeni of all sums
due and. owing under the LOAN and. the ORIGINAL LOAN DOC JMIIVTS, The
BORROWERS. have requested that the BANK forbear through 013, from
ugh. and until I .� 14,
continuing to exercise any of its rights and remedies under the LOAN an� the ORIGINAL
LOAN DOCUMENTS. The BANK is willing to consent to the request of tf a BORROWERS
subject to the terms and provisions ofthis AGREEMENT.
l
t
NOW, THEREFORE, in consideration. of the foregoing premises, ead other gad mo d.
valuable consideration, receipt and adequacy of which are hereby aclmow Wged, the parties
agree as follows:
1. Recitals. The parties acknowledge the accuracy of the above .I recitals and hereby
incorporate the Recitals into this AGREEMENT.
2. of Ob[i atinng and Default Wi $;o the oar± The
BORROWERS acknowledge that: (a) flee LOAN and the ORIGINAL LOAN,•3OCUMENTS are
the valid and binding obligations of the BORROWERS as indicated and we J'Wy enforceable in
TS
accordance with their stated te=; and (b) the obligations of the BORROWERS under the
LOAN and the ORIGINAL LOAN DOCUMEN are not subject to any t�et -off defense or
counterclaim The BORROWM acknowledge that they are.in default under the LOAN and the
ORIGINAL LOAN DOCUMENTS by reason of the EXISTING a iFAULTS. The
BORROWERS acknowledge that the BANK, in the absence of the specific a regiment to forbear
as sot forth is this AGREEMENT, has the immediate and nmconditional right to exercise any of
applicable law.
its rights and remedies provided tinder the LOAN, the ORIGINAL LOAN D :)CUMmM, and
3. Acknowled moment of Amounts Due Under the Loan Ile BORROWERS
acknowledge and agree that the amounts of principal, interest, satisfaction: dt
'
late charges and legal fees which are now due and payable under the LOAN a id the ORIGIIN
LOAN DOCUMENTS arc as set forth in this paragraph:
3.1. k'rinci a1 Inte 'faction Fee A raisal Fee ate Charges and
I .epees The sums of principal, interest, satisfaction fees, appraise( fee, Let; charges and legal
fees due and payable under the LOAN as of December 3, 2012, are as follows:
Principal' S144,251.96
Interest (as of 12/3/12): 1,027.30
Satisfaction Fees: 40.00
Appraisal Fee: 1,800.00
Late Charges: 7,493.23
Legal Fees Paid 2,196.00
TOTAL PRINNCIpA L INTEREST,
SATISFACTION FEES, APPRAISAL FEE,
LATE CHARGES AND LEGAL FEES DUE
UNDER TIME LOAN AS OF 12/3/12: 5156.808 49
4. Attorneys' Fees Costs and EXDenSes Under If cements 'I1ne
BORROWERS shall deliver to the BANK the on
gunal executed version of tls :s AGREEMENT
on December 14, 2012 ("DELIVERY DATE"). The BORROWERS shall
within ten (10) calendar days after demand by the BANK, and if no deman l ' to the BANK
is made then by
2
June 14, 2013, all of the. attorneys' fees, costs and other expenses incurre 1 by the BANK in
connection with the LOAN and the LOAN DOCUMENTS, including, 1 Out not limited to,
BANK's counsel fees and expenses incurred in connection with the negotiat .on and preparation
of this AGREEMENT. The BANK agrees that if a ll sums are timely paid pu zsuant to paragraph
6.4 of this AGREEMENT that the BANK will consider waiving some or E 11 of the attorneys'
fees incurred by the BANK
5. Confrzmation of Obligations 'With act to the loan I he BORROWERS
acknowledge, ratify, and confirm their obligations under the LOAN and the ; °) RIGINAL LOAN
DOCUMENTS and further acknowledge, ratify, and .confum that the ,BOB ROWERS are and
shall remain absolutely and unconditionally obligated to pay the BANK all present and future
indebtedness that is owed to the BANK. under the LOAN and the LOAN DOCUMENTS,
notwithstanding the BANK's execution of this AGREEMENT and the variou I agreements of the
BANK as set forth herein and therein.
6. All sums due under the LOAN and the LOJ..N DOCUMENTS
shall be paid in full in accordance with the following provisions:
6.1. Initial Payment On the DELIVERY DATE, the BORROWERS shall
tender to the BANK, in immediately available funds, a payment in the amow t of Ten Thousand
Dollars ($10,000.00) (the "INITIAL PAYMENT"), which will be applied to d :e LOAN.
62. Monthly Pavments: On the DELIVERY DXrE and or the fourteenth day
of each month thereafter through and including May 14, 2013, the BORROR ERS shall rent to
the BANK monthly payments each in the amount of One Thousand Dollars (S.,000.00).
6.3. Interest Rate Between the date of this AGREEMENT uul June 14, 2013,
interest shall accrue on the LOAN at the non - default rate of interest provided i )r in the NOTE.
6.4. Term On or before June 14, 2013, the BORROWERS shall tender tQ the
BANK, in immediately available funds, a payment equal to all amounts owes at that time to the
BANK under the LOAN and the LOAN DOCUMENTS, including, but • lot limited to, all
principal, accrued and unpaid interest, late charges, appraisal fee, satisfactic n fees, legal fees,
and any other expenses or other amounts owed thereunder.
7. Sec . All present and future indebtedness owed to the BANK under the
LOAN is secured by the security interests, assignments and liens granted to' the BANK in the
ORIGINAL. LOAN DOCUMENTS. As an additional part of this As iREEMENi', the
BORROWERS acknowledge and conf rm that all present and future indebte Iness owed to the
BANK under the LOAN shall hereafter continue to be secured by the security interests,
assignments and liens granted to the BANK in the LOAN DOCUMENTS.
8. Representations and War nties To induce the BANK 13 enter into this
AGE and to provide the BORROWERS with the accommodationf described herein,
the BORROWERS make the representations and warranties set forth below an 1 acknowledge the
BANK's justifiable right to rely upon these representations and warranties:
3
8.1. Accuracg To the beg . of their kaa
wledge, all infors :ration, documents,
reports, statements, financial statements, and data submitted by or :in behalf of the
BORROWERS in connection with this AGREEMENT are true, accurate $ad complete in all
material respects as of the date made and contain no knowingly false, incom )fete or misleading
statements.
8.2. No De Except as otherwise srimowldged in parr graph 2 above, the
BORROWERS are not in default under any contract, agreement or instrwment to which any
BORROWER is a party or under which property of any BORROWER is bou id, and the making
and performance of this AGREEMENT will not immediately, or with the p. issage of time, the
giving of notice, or both: (a) violate any cam, by -laws, partnership went or any other
organizational documents of the BORROWERS or violate any laws or result in a default under
any contract, agreement, or instrument to which any BORROWER is a part s or by which any
BORROWER or any property of any BORROWER is bound; or (b) result in the creation or
imposition of any security interest in, or lien or encumbrance upon any of the assets of any
BORROWER, except in favor of the BANK,
The BORROWERS agree to keep all
current and in a non-default status. other loans they may ha e with the BANK
8.3. J'udnmentlLitigation There is no action, suit, investiga ion, or proceeding
Pending or, in the knowledge of any BORROWER, threatened agr inst any of the
BORROWERS, or the assets of any of the BORROWERS, or judgment outst coding against any
of the BORROWERS or the assets of any of the BORROWERS except s , disclosed to the
BANK in Exhibit A attached hereto. In the event that, subsequent to the exec ution and delivery
of this AGREEMENT, any BORROWER receives notice of, or otherwise & :quires knowledge
of, any such additional suit, investigation, proceeding, or judgment, the B(- °RROWERS shall
immediately diw1ose the same to the BANK in writing.
8.4. Taxes Except as disclosed to the BANK in Exhibit B a xached hereto, the
BORROWERS have filed with the. United States Internal Revenue Son ice, the State of
Pennsylvania, and all other governmental agencies or instrumentalities bx ving authority to
collect taxes (collectively, "TAXING AUTHORITIES') all tax returns, scl edules, forms, or
other documents which, under applicable law, are required to have been fi ed as of the date
hereof, and have fully paid all taxes which, under applicable law, are required to have been paid
as of the date hereof, including, without limitation, all income taxes, withl,olding taxes, real
Property taxes, personal property taxes, and sales taxes, and no property of the BORROWERS is
subject to any lien for any tax, except liens for taxes which are not yet due and rayable.
9. Documents and Submissio - . As an additional part of this A 1REEMENT, th
BORROWERS agree to execute and deliver to the BAND such other and fur her documents as
may, fivm time to time, in the sole opinion of the BANK or its counsel, be nec Mary, convenient
or proper to carry out the terms and conditions of the AGREEMENT and the other LOAN
DOCUMENTS, all in the form and substance acceptable to the BANK. The information
required to be provided to the BANK pursuant to this AGREEAMNT shall be; rr addition to, and
4
not in substitution of, any information which the BORROWERS, or any of t1.em� are required to
provide to the BANK under any other LOAN DOCUMENTS. All inforM4 in and marts shall
accordance with satisfactory to the BANK, All financial statements ;hall be prepared is
generally aaceptod accounting Principles. All informati+.on, statements and
reports shall be provided at the expense of the BORROWERS.
10. Sale of WPe�rt . The BORROWERS agree that, betwee:: the date of this
AGREEMENT and June 14, 2413: (1) the PROPERTY shall continually be listed for sale; and
(ti) they shall utilize their best efforts to secure the sale of the PROPERTY. 11 written offers to
Purchase the PROPERTY shall be timely presented to the BANK.
11. Understandin¢ of Agreement Each BORROWER acknowlet ges that they have
read this AGREEMENT, understand its contents, an d have had the advice of counsel before
executing and delivering this AGREEMENT.
12. Condition of Colla stn Prance At all times, the BORR(..)WERS shall keep
the collateral pledged as security for the LOAN (collectively, the " COLLA rERAL'� in good
repair and shall cause such maintenance and repairs to be performed in a nnection with the
COLLATERAL as is customarily performed in connection with property Md improvements
thereon of this type. At any time or from time to time, the BANK a )d its agents and
representatives, upon providing the BORROWERS with twenty four (24) ho us' written notice
(except in the case where the BANK reasonably believes that the condition of the
COLLATERAL is imminently threatened, in which case no notice shall be . ?ecluired), shall be
entitled to inspect the COLLATERAL and the BORROWERS shall fully c ooperate with the
BANK and its agents and representatives during the course of such inspection.
13. Insurance The BORROWERS shall maintain fire, casualty and other hazard
insurance with respect to the COLLATERAL. Simultaneously with the execution of this
AGREEMENT, the BORROWERS shall provide the BANK with documentat on evidencing the
existence of such. insurance policies. In addition, in the event the BANK has: Wt been named as
a sole mortgagee, loss payee or additionsl insured under each such policy, a: the case may be,
the BORROWERS shall take immediately such steps as are necessary to caul ; the BANK to be
named as such under each such insurance policy and a copy of each such a nended insurance
Policy shall be provided to the BANK, by close of business on the next bush ess day following
the date of the execution of this AGREEMENT by the parties hereto. All i 1surance proceeds
payable from any such insurance policies, and all insurance proceeds payable :.n connection with
or as a result of any of the COLLATERAL, shall be paid directly to the B kNK and will with
be
applied by the BANK to reduce the indebtedness that is owed to the BANK
DOCUMENTS. under the LOAN
14. I=ection of Books and Records. Without limiting any rip; its of the BANK
under the other LOAN DOCUMENTS, the BORROWERS shall, from time b time, upon throe
(3) business days written notice, permit employees or other representatives of the BANK to
enter the business premises of the BORROWERS and any other place where r.:cords concxrning
the business of the BORROW ERS are kept, during normal business hours of de BORROWERS
or at any other reasonable time, for the purpose of conducting a field exam ,% Erich will include,
5
among other things, the Ong and pbotOGOI?ying any or all of such red, rds. All costs and
incurred, in the mariner described exams shall be paid by the BORROR?kERS when and as
representatives of the BANK shall be Paragra above. The BANK ,s e: arpioyees or other
permitted to remain upon the BORR EWERS' premises
during normal business hours and at all other reasonable times until such insp xtion is completed
to the BANK's satisfaction.
IS. Preservation of Default: Forbearance Nothing contained in t pis AGREEMENT
or in any of the other LOAN DOCUMENTS shall be deemed to cure any cod delauit under
the LOAN DOCUMENTS or waive any of the BANK s nghts and =me" arising because of
My such existing default; rather, any such existing defaults, the BANK's r and remedies
arising therefrom, and the BANK's rights and remedies under the LOAN DOCUMENTS arc
hereby Preserved. Subject to the terms and conditions set forth herein, tb BANK agrees to
forbear from exercising any rights or remedies which the BANK may be entit) A to assert against
the BORROWERS and their respective assets through and until June 14, 203, so long as the
BORROWERS comply with each and every term and condition of this AGF EEMENT and the
other LOAN DOCUMENTS. However, if any of the, conditions set forth in t ris AGREEMENT
are not fully satisfied, or if an event of default othe than the EXISTING L FI AU TS occurs
under the LOAN DOCUMENTS, the BANK shall immediately be entitle 3 to exercise and
enforce all rights and remedies which are available to the BANK under the :.OAN, the LOAN
DOCUMENTS and applicable law. Furthermore, on June 14, 2013 (and as r yore fully set forth
in paragraph 5.4 herein), ail indebtedness owed to the BANK under the LO.1 N and the LOAN
DOCUMENTS shall be immediately due and payable from the BORROWER: to the BANK. In
the event that such indebtedness has not been satisfied by June 14, ' 013, the BANK,
immediately thereafter, shall be entitled to assert and enforce all of its rights a ►d remedies which
are available to the BANK under this AGREEMENT, the other LOAN DOCUMENTS, and
applicable law with respect to the BORROWERS and their assets. By sntering into this
AGREEMENT, the BANK is not waiving any defaults which presently ex& under the LOAN
DOCUMENTS, nor is the BANK waiving any of its tights or remedies in con i d with those
defaults. Furthermore, it is also understood, acknowledged and agreed betwe an the parties that
notwithstanding the BANK's execution of this AGREEMENT, the BAN] : has specifically
reserved all of its rights and remedies under the LOAN DOCUMENTS and a ,plicable law with
respect to the BORROWERS and their respective ,assets including, wfthc ut limita on, the
BANK's right to immediately, assert and enforce all such rights and remedies.
16. Conditions Precedent to The BANK's obligat .on to forbear as
provided in this AGREEMENT shall not be effective until the full satisfactiox of the conditions
set forth below in this paragraph, and the BANK shall have no obligation to forbear unless all
such conditions are fully satisfied on or before the dates set forth in this paragn ph:
16.1. Execution and Delivery of Documents This AGREEMENT, the
DISCLOSURES (as hereinafter defned ), and all other documents acquired tt be executed and
delivered in connection herewith shall be executed, acknowledged where ice icated, and hand.
delivered by the BORROWERS to the BANK on or before the DELIVERY DE .TE.
b
16.2. Delivery of is The BOgROwEn shall pay t x the. BANK, along
with the delivery L this AGREEMENT and any other documents referenced above in paragraph
16.1, the 1NTTIAL PAYMENT, as that term is defined in paragraph 6.1 -above and the first
$1.000.00 monthly payment due under paragraph 6:2 above.
17. Additional Events of Defa—wt In addition to all events of def• Alt provided under
the ORIC]INAL LOAN DOCUMENTS, the occurrence of any of the followwE g described events
shall also constitute an event of default C %VENT OF DEFAULT'S "under the LOAN
DOCUMENT$:
17.1. Breach of Representation or Warranty The failure if any information
represented or warranted by any BORROWER pursuant to this AGREEK s'N'T or any of the
Other LOAN DOCUMENTS to be true and correct,
17.2. PM=ent Default The failure of any of the BORRONJ ERS to .make, in a
timely manner, any of the payments required hereunder.
17.3. R triremen hibition Under the ent. Th : failure of any of
the ]BORROWERS to do anything required under this AGREEMENT or unc = any of the other
LOAN DOCUMENTS, or any of the BORROW doing anything , rohibited by this
AGREEMENT or by any of the other LOAN DOCUMENTS,
17.4. Default Under the pocuments With the exception )f the EXISTING
DEFAULTS, the occurrence of any event or the existence. of any circunistanc a which, under the
terms of any other LOAN DOCUMENTS, constitutes an event of default them under,
17.5. Judgneat/Lien The entry of a judgment or lien f ;ainst any of the
BORROWERS or any of the assets of any of the BORROWERS, the attachmj nt of any assets of
any of the BORROWERS, or the recordation of any Federal, State or local tax; lien against any of
the BORROWERS which are not dismissed or satisfied within seven (7) days of their entry with
respect to any judgment or lien, or within seven (7) days of the attachment it: elf with respect to
any attachment of assets of any of the BORROWERS.
17.6. Impairment of Collateral An event shall occur which the BANK deems
to impair the COLLATERAL or any other assets pledged as collateral for he LOAN in any
respect, including, without limitation, the value thereof.
17.7. Death. The death of any of the BORROWERS.
17.8. Involigg_ary Dan
JgWta of BORROWER The filing 4'a petition by one
or more creditors of any one or more of the BORROWERS seeking; will respect to such
BORROWER or BORROWERS: (a) the entry of a decree or order for relief:by a court. having
jurisdiction against or with respect to any one or more of the BORROWERS in an involuntary
case under the federal bankruptcy laws or any state insolvency or similar : laws ordering the
liquidation of the assets of anyone or more of the SORROVMM; or (b) a rec 'ganizatson of any
one or more of the BORROWERS or the business and affairs of any on . or more of the
7
BORROWERS or the appointment of a rmeiva.. liquidator, assignee, cu :todian� try, or
similar official for any one or more of the BORROWERS or any of the pro; =ty of any one or
more of the BORROWERS.
17.9. Voluntarl► B The commencement by any t ne or more of the
BORROWERS of a voluntary case under the federal banbuptcy laws or airy', state insolvency or
similar laws or the consent by any one or more of the BORROWERS to th : appointment of a
receiver, liquidator, assignee, trustee, custodian or similar o fficial for suet: BORROWER or
BORROWERS or the taking possession by a receiver, liquidator, assignee, b Wgec, custodian or
similar official for such BORROWER or BORROWERS of any of tk properly of such
BORROWER or BORROWERS, or the making by any one or more of the BORROWERS of an
assignment for the benefit of creditors, or the failure by any one or more of - he BORROWERS
generally to pay the debts of such BORROWER or BORROWERS as they ba ome due.
17.10. Breach of Covenant The violation by any BORRON TER of any of the
covenants set forth in this AGREEMENT
17.11. Other Loans The default by any of the BORROWERS under any
contract, agreement or instrument with any lending institution to which any BORROWER is a
party and/or the default by any of the BORROWERS under any contt let, agreement or
instrument under which property of any BORROWER is bound.
18. Miscellaneous
18.1. ncorpration, Limited Modification. The terms and conditions of the
other LOAN DOCUMENTS are incorporated herein by reference and made a part hereof as if
fully set forth herein. Except as specifically modified by or pursuant to this, ►GREEMFNT, all
terms and conditions of the ORIGINAL LOAN DOCUMENTS remain unclu aged, in full force
and effect, and are hereby ratified and confirmed in all respects. In rte event of any
inconsistencies between the terms and conditions of this AGREEMENT and ar y of the terms and
conditions of the other LOAN DOCUMENTS, the BANK shall determine, in its sole discretion,
which of the terms and conditions shall control.
18.2. Integration. This AGREEMENT and the other IAA I DOCUMENTS
constitute the entire agreement between the BANK and the BORROWERS rith respect to the
subject matter hereof' and any term. or condition not expressed in this AGREF14ENT or the other
LOAN DOCUM LNTS does not constitute a part of the agreement of th s BANK and the
BORROWERS with respect to such subject matter..
18.3. No Novation This AGREEMENT shall not cause a r ovation of any of
the obligations of the BORROWERS under the ORIGINAL LOAN DOCUM DM, nor shall it
extinguish, terminate or impair the BORROWERS' respective obligations und.:r the ORIGINAL
LOAN DOCUMENTS. In addition, this AGREEMENT shall not release, W feet or impair the
Priority of any security interests, assignments and liens held by the BANK ag d= any assets of
the BORROWERS.
8
18.4. Severability If any provision or part. of any provision of this
AGREEMENT shall for any reason be held invalid, illegal or unenforceable n any respect, such
invalidity, illegality or unenfomeability shall not affect any other provision of this
AGREEMENT, and this AGREEMENT shall be construed as if such invalid, illegal or
unenforceable provision or part thereof had never been contained herein, but, oily to the extent of
its invalidity, illegality, or unenforceability.
18.5. Waivers No failure or delay by the BANK in the exer ;ise or enforcement
of any of its rights under any LOAN DOCUMENT shall be a waiver of such tight or remedy nor
shall a single or partial exercise or enforcement thereof preclude any other oa further exercise or
enforcement thereof or the exercise or enforcement of another right or reined •. The BANK may
at any time or from time to time waive all or any rights under this AGREEiV'f or the other
LOAN DOCUMENTS; but any such waiver must be specific and in writing aid no such waiver
shall constitute, unless specifically so expressed by the BANK in writing, a future waiver of
performance or exact performance by the BORROWERS. No notice to or demand upon any
BORROWER in any instance shall entitle any BORROWER to any other, tr further notice or
demand in the same, similar or other circumstance.
18.6. Choice of Law The laws of the State of Penns; ivania (excluding
however, conflict of law principles) shall govern and be applied to determin : all issues relating
to this AGREEMENT and the rights and obligations of the parties hereto. including but not
limited to the validity, construction, interpretation, and enforceability of this . IGREEMENT and
its various provisions and the consequences and legal effect of all transaction
resulted in the execution of this AGREEMENT or which occurred i
and and as a direct events whi
indirect result of this AGREEMENT having been executed: or were to or
18.7. Binding Effect- ..No Oral Modification This AGRI EMENT shall be
binding upon and shall inure to the benefit of the parties and their r *pective personal
representatives, successors and assigns. This AGREEMENT may not be a tered, modified or
amended unless such alteration, modification or amendment is in writing w d executed by the
BANK.
18.8. J Luns. Time is of the essence with respect to all of the obligations of the
BORROWERS under this AGREEMENT and the other LOAN DOCUMENT. ,.
19. Waiver of Jury Trial The parties hereto agree that any suit, act on, or proceeding,
whether claim or counterclaim, brought or instituted by any party to this AGI MEMENT, or any
of their successors or assigns, on or with respect to this AGREEMENT os any other LOAN
DOCUMENTS or which in any way relates, directly or indirectly, to the oblig: Lions of any of the
BORROWERS to the BANK tinder the LOAN DOCUMENTS, or the deal ngs of the parties
with respect thereto, shall be tried only by a court and not by a jury. THE PARTIES
EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY St CH ACTION OR
PROCEEDING. The parties acknowledge and agree that this provision is a sp :cific and material
aspect of the agreem=1 between the parties and that the parties would rot enter into this
AGREEMENT if this provision, or any other provision of this AGREE VIENT, were not
contained herein.
9
20. The following paragraph sets forth a warrant of attorney to confess judgment
against the BORROWERS. In granting tl:is warrant of attorney to confess ji dgrnent against the
BORROWERS, the BORROWERS knowingly, intelligently, and voluntarily, and on the advice
of counsel, unconditionally waive any and all rights the BORROWERS may = nave to prior notice
and an opportunity for hearing under the respective constitutions and laws c f the United States
and the Commonwealth of Pennsylvania:
CONFESSION OF JUDGMENT: BORROWERS EMREBy IRREVOCAF LY AUTHORIZE
AND EMPOWER ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY
COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR I LSEWHERE, TO
APPEAR AT ANY TIME FOR BORROWERS AFTER A DEFAULT Ur DER THE NOTE
AND /OR ANY OF THE OTHER LOAN DOCUMENTS AND WM , OR WITHOUT
COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BF )RROWERS FOR
THE ENTIRE PRINCIPAL BALANCE OF THE NOTE AND ALL ACCI :UED INTEREST,
LATE CHARGES, AND ANY AND ALL AMOUNT EXPENDED OR ADVANCED BY
THE BANK RELATING TO ANY COLLATERAL SECURING THE N4 )TE, TOGET
WITH COSTS OF SUIT, AND AN ATTORNEY TEA 'S COMMISSION OF PERC R
ENT HE HE
OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED NTEREST FOR
COLLECTION, ON WHICH JUDGMENT OR JUDGMENTS ONE OR MO: tE EXECUTIONS
MAY ISSUE IMMEDIATELY, AND FOR SO DOING, THE NOTE OR j COPY OF THE
NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT Wt ItRANT, THE
AUTHORITY GRANTED IN THE NOTE AND THIS AGREEMEN TO CONFESS
JUDGMENT AGAINST BORROWERS SHALL NOT BE EXHAU; ►TED BY ANY
EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME
AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS I -UE UNDER THE
NOTE. BORROWERS HEREBY WANE ANY RIGHT BORROWERS MAY HAVE TO
NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF
JUDGMENT AND STATE THAT EITHER A REPRESENTATIVE JF THE BANK
SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT ?ROVISION TO
BORROWERS' ATTENTION OR BORROWERS HAVE BEEN REI RESENTED BY
INDEPENDENT LEGAL COUNSEL.
The BORROWERS shall execute and deliver to the BANK on the T ELNERY DATE
the two Disclosures for Confession of Judgment ( "DISCLOSURES ") attached to this
AGREEMENT.
21. Release As part of the agreement set forth herein, and in cc nsideration of the
same, the BORROWERS each hereby release the BANK and all of the BA] 1K's past, present
and future directors, officers, employees, agents and attorneys from any and a] . claims, causes of
action, suits and damages (mcluding claims for attorneys' fees) which th .. BORROWERS
jointly, severally, or otherwise, ever had or now have against the BANK or a ly of the BANK's
past, present and future directors, officers, employees, agents or attorneys:
.IN 'WITNESS WHEREOF, the parties have executed this AGREEME NT as of the date
first written above with the specific intention of creating a document u nder seal. This
10
AGREEM EN7 may be executed in counterparts, each of which shall b fully enforceable
without the others., and all of which shall collectively constitute
AGREEMfiN . t tis entire original
f
t
WTINESS/ATTEST: BORROWERS:
B y: 'am 117.. b ,(SEAL)
gy �)
L o S. ne berg
SUSQUEHANNA BANK
By-
ACKNOWLEDGMENTS
STATE OF ��r� v a „
r � TO WIT:
CITY /COUNTY OF
I HEREBY CERTIFY that, on this l3 day of December, 2Ul :, before me, the
undersigned, a Notary Public of the jurisdiction aforesaid, personally appea ,� WILLIAM M.
KRONENBE,RG, )mown to me (or satisfactorily proven), to be the petsc n whose name is
subscribed to the within instrument and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS MY hand and Notarial Sea.
i
NOTARY PUBLIC
Coutmission Expires: 4!f��
TM
tMANAL Sm
7W" A.UEW KdwyR�e
�A
11
STATE OF - t a5 tarn t
TO WIT:
CITY /COUNTY OF � n
I HEREBY CERTIFY that, on this ' day of December, 20 2, before me, the
undersigned, a Notary Public of the jurisdiction aforesaid, personally app tired JO ANNE S.
KRONENBERCY, known to me for satisfactorily proven), to be the per, an whose nacre is
subscribed to the within instrument and acknowledged that she
execute,(. the same for the
purposes therein contained.
IN WITNESS MY band and Notarial �•- - -�
My Commission Expires; � NOTARY PUBLIC
=-�C' "p"a
V,W d Cour+y W\
AUY 20.2014
STATE OF
t
- COUNTY OF rs i , t. t TO WTT:
I HEREBY CERTIFY that, on this / P day of December, 2012, before me . the
undersigned, a Notary Public of the jurisdiction aforesaid, personally appear xl �� ; 1x_.
Who acknowledged himself/hersclf to be a _ (��: ,r.ic .: r of
SUSQUEHANNA BANK, and further acknowledged that h Jshe, as such
being authorized to do so, executed the fore , �'
behalf of SUSQUEHANNA BANK, for the purposes therein contained b g instrument on
y a gning the dame of
SUSQUEHANNA BANK, by himsefterself as i - I t:.,� .
IN WITNESS MY hand and NotaW Seal.
'L? 1. i..l eyj (,� .�• �Lj-...
NO Y PUBLIC
My Commission Expires: / s -: >a ;
\ � \ \ \ \5 11111117 /i� ri �
E. Bpop�''�.
13010.026.151694 v � ;o ��isS �,jF
i a t407ARy 9 -
PUBLIC
C I CC?l�N �����•
12
DISCLOSURE FOR CONFFS�ON { •TCIDiGMElY'r
I am executing, this �
day of December, 2012, a Third Forbearance
with respect gr moment ("Agreement'
P to a � promissory note for One Hundred Fifty Thousand Dollars : Cmen 00.00) e mote')
obligating me to repay that amount.
A. I understand that the Note and the
would permit Susquehanna Bank . Bank' ontain a confession of fl dgcrlent provision that
Note and/or the Loan Documen was defined in thud judgment against me in cour , after a default on the
without offering me an opportunity to defend Agreement), without advi lice notice to me and
the' Agreement, being fully aware of m rights a8 the entry of judgment Ia r xecutittg the Note and
of an ant or other claims that the Bank to advance notice and to a hearial to contest the validity
Ylud� may assert agate me under the Nd Ic and the Agreement,
I am knowingly, ilrtel"gendy, and voluntarily waiving these rights inc � ice
of the entry o €judgment, and I expressly �� Y �8ht to advance notice
by confession as provided for in the confessi f ud�� t provisions, vi Bank s enterin ;lodgment against me
B. I further understand that in addition to giving the Bank the ri t
after entry of ju
without advance notice or a hearing, vi iota j udgmcnt against me
Agreement also contain t the confession of judgment provisions in the Note and the
language that would permit the Bank, lgment, again without
either advance notice or a hearing, to execute on the judgment by foreclosing ul on, attachin le
on, taking possession of or otherwise seizing my property, in full or g' levying
P� PaYmc st of the judgment. In
executing the Note and the Agreement,
being fully aware of my rights to advanc s notice and a hearing
after judgment is entered and before execution on the judgment, I am knowi 1gly, intelligently and
voluntarily waiving these rights, and I expressly ediatel
agree and consent to the Bank's mm
on the judgment in any manner permitted by applicable state and federal law, i Without y executing
advance notice. giving me any
C. After having read and determined which of the following statements are a rplicable, by initialing
each statement that applies, I represent that: 'JJ t 4 in
Agreement.
1 • l was represented by my own i n d e p en d ent l egal
connection with the Note and the A cow Be,
.
2. A representative of the Bank
specifically filed the c onfession of
judgment provisions in the Note and the Agreement A my attention.
D. I certify that my annual income exceeds $10,000.00; that the blanks in this Disclosum were filled
in when I initialed and signed it, and that I received a copy at the time of signing.
This Disclosure is given under seat and it is intended that this Disclosure is and sh 111 constitute and have
thkeffiect of a seal t a tnuneccording to law. W M. Kro rg {SEAL)
13010.026:149531
p 8
DISCLOS IRE R q SIO O F GMENT
I am executing, this day of December, 2012,
with respect a Third Forbearance respect to .a promissory note for One Hundred Fifty *%anent ("Agreement")
obligating me to repay that amount. Thousand Dollars ( ("Note )
A. I understand that the Note and the
A greement
would permit SnsQuehazrna Bask ( a confession of jt dgt
P that
Note and/or the Loan Documents (as defined in the Smut t me in cotur , after a default on the
without Offering me an oPPortunity to defend m }' without advi,� notice to me and
the Agreement, being fully aware of m n ghts against entry of judgment. In
Y to advance notice and to a x once Note and
of any judgment or other claims that the Bank contest the validity
I am knowingly, intell}geady, and voluu32ari1 may assert against me under the Ni to and the Agreement,
of the entry of judgment, and T Y these rights; including any fight to advance notice
by conf provided
ession as �y �e and consent to the Bank's enterin; judgment against me
.for in the confession of judgment provisions.
B. I further understand that in addition to giving the Bank the right to
without advance notice or a hearing, the confession of 'ud ante judgment against we
Agreement also contain language that would bent provisions in the Note and the
either advance notice or a h Permit the Bank, after entry of judgment, again w Baring, to execute on the judgment by foreclose
M taking possession of or otherwise seizing my grope ng 41 01 4 attaching, levying
executing the Nate and the A' ll° full O partial Payme 't of the judgment. In
Agreement being fully aware of my rights to advanc ;notice and a
after judgment is entered and before execution on the ' hearing
voluntarily waiving these rights, and I e Y e ressl a lgment, I am known g intelligently and
on the judgment in any manner consent to the Bank's ; mmediatel exec
advance notice. Permitted by applicable state and federal law, uting
zthout giving n any
C. After having read and determined which of the following statements area, , PIicable, b initi .
each statement that applies, I represent that: Y sling
1. ° I was represented by my own i n d e pen dent
connection with the Note and the Agre legal caw sal in
Agreeme
2. A mPpsentative of the Bank
judgment specifically called the e)nfession of
provisions in the Note and the Agreement,o my attention.
D. I certify that my annual income exceeds $ 10,000.00; that the blanks in this D'
in when I initialed and signed it; and that I received a copy at the time of si Win& rsclosure were filled
,
This Disclosure is given undeQ seal and it is intended that this Disclosure is and shall constitute and have
the effect of a sealed ins according to law
DE
Ioe S�
�S)
r30r0M6: 151693
2013 SEP 13 Ali 10: 30
Funk & Bolton, P.A. CUMBERLAND COUNTY
By: Eric S. Schuster, Esquire, I.D. No. 85362' Y LVA N I A
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION - LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. 13 - S-N' 7 0,1'aaw
and JO ANNE S. KRONENBERG
Defendants.
AFFIDAVIT OF COMMERCIAL TRANSACTION
STATE OF M o ARi
CITY /COUNTY OF CoLmo I I : TO WIT:
Denise Aherne- Venzke, being duly sworn according to law, deposes and says she is an
authorized officer of the Plaintiff herein, and as such states that judgment is not being entered
against a natural person in a consumer credit transaction.
De`ruse Aherne- Venzke,
Vice President
Sworn to and subscribed before me
this 16 day of _ 2013
aa,un�w, DEAN
4N lic ` .�OY P **- MY OC1: 157336 = COMMISSION Z
y n't EXPIRES r
; ,y '• 4 /27/2014
cou
- 1 - HE PROTHONO
Funk & Bolton, P.A.
By: Eric S. Schuster, Esquire, I.D. No. 85362 2043 SEP 13 AN 10' 30
Twelfth Floor
36 South Charles Street CU MBER LAND CO UN T Y
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION — LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. 13 - 53g7 C "� v �TeY n4
and JO ANNE S. KRONENBERG
Defendants.
AFFIDAVIT OF EARNINGS
STATE OF D)At j lowd
CITY /COUNTY OF Ca fr 1 I TO WIT:
Denise Aherne - Venzke, being duly sworn according to law, deposes and says she is an
authorized officer of the Plaintiff herein; that she is authorized to make this affidavit on behalf of
Susquehanna Bank; and that to the best of her knowledge, information, and belief the income of
each of the Defendants, William M. Kronenberg and Jo Anne S. Kronenberg, is in excess of
$10,000.00 per year.
Denise Aherne- Venzke,
Vice President
Sworn to and subscribed before me
this 10`x' day of p�2� , 2013
���uuwuu
y VEAN
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P0 1c. 0 : MY 0 '. 0
COMMISSION Z
l3 0.026:157335 :: EXPIRES
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V
E FROTH iONO } =�
2013 SEP 13 Ali 10: 30
Funk & Bolton, P.A. CUMBERLAND COUNTY
By: Eric S. Schuster, Esquire, I.D. No. 85362 PENNSYLVANIA
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION — LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. 13- 5347 eiv le
and JO ANNE S. KRONENBERG :
Defendants.
AFFIDAVIT OF NON - MILITARY SERVICE
STATE OF Varyland
CITY /COUNTY OF C&iTo 0 TO WIT:
Denise Aherne - Venzke, being duly sworn according to law, deposes and says she is an
authorized officer of the Plaintiff herein, and as such states the following:
1. The Defendant William M. Kronenberg, is not in the military or naval service of
the United States or its allies, or otherwise within the provisions of the Servicemembers Civil
Relief Act (50 App. U.S.C. § 501 et seq.).
2. The Defendant William M. Kronenberg, is more than 21 years of age and has a
mailing address of 605 Devonshire Drive, Carlisle, Pennsylvania, 17013.
3. She makes this affidavit with due authority based upon personal investigation.
k (0,
Denise Aherne- Venzke,
Vice President
Sworn to and subscribed before me
this day of c 2013
S,y DEAN
Y
1� IF Irl AA 24-tr
;•`�O o;�.... ,
No 0 • `� MY %. -N
0=
C7 ` COMMISSION = Z
EXPIRES
9•. 4/27/2014 :$�
. �0 •.
13010.026:157334 ► �CO ' %j ���,•
0
+ ED
2913 SEP 13 AM 10 31
Funk & BoIton, P.A. CUMBERLAND 'COUNT"(
By: Eric S. Schuster, Esquire, I.D. No. 85362 PENNSYLVANIA
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION - LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. 13 - 5S9 7 CIV t 1
and JO ANNE S. KRONENBERG
Defendants.
AFFIDAVIT OF NON - MILITARY SERVICE
STATE OF 0 `a vxJ
CITY /COUNTY OF (k "611: TO WIT:
Denise Aherne - Venzke, being duly sworn according to law, deposes and says she is an
authorized officer of the Plaintiff herein, and as such states the following:
1. The Defendant Jo Anne S. Kronenberg is not in the military or naval service of
the United States or its allies, or otherwise within the provisions of the Servicemembers Civil
Relief Act (50 App. U.S.C. § 501 et seq.).
2. The Defendant Jo Anne S. Kronenberg is more than 21 years of age and has a
mailing address of 605 Devonshire Drive, Carlisle, Pennsylvania, 17013.
3. She makes this affidavit with due authority based upon personal investigation.
Denise Aherne- Venzke,
Vice President
Sworn to and subscribed before me
this -5 day of r 2013
`�,��uu a in►�
Puplic C FiY P fi •T�� °�,
2� MY ela �p
COMMISSION
S EXPIRES
• 4/27/2014 : '-
13010.026:157334 N;�y `��0�•
I HE PRO`I HONG TAR
2013 SEP 13 AM 10: 31
Funk & Bolton, P.A.
By: Eric S. Schuster, Esquire, I.D. No. 85362 CUMBERLAND COUNTY
Twelfth Floor PENNSYLVANIA
36 South Charles Street
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION — LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. 13 - 53g7 by t lTe m
and JO ANNE S. KRONENBERG
Defendants.
NOTICE UNDER 42 Pa.C.S.A. § 2737.1
INSTRUCTIONS REGARDING THE PROCEDURE
TO FOLLOW TO STRIKE THE JUDGMENT
To: William A. Kronenberg
605 Devonshire Drive
Carlisle, Pennsylvania 17013
Pursuant to 42 Pa.C.S.A. § 2737.1, the following instructions regarding the procedure to
follow to strike the judgment in this matter are hereby provided:
1. The procedure to follow to strike a judgment by confession is set forth in
Pa.R.C.P. § 2959, which provides as follows:
(a) (1) Relief from a judgment by confession shall be sought by petition.
Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment
or to open it must be asserted in a single petition. The petition may be filed in the county in
which the judgment was originally entered, in any county to which the judgment has been
transferred, or in any other county in which the sheriff has received a writ of execution directed
to the sheriff to enforce the judgment.
(2) The ground that the waiver of the due process of rights of notice
and hearing was not voluntary, intelligent, and any knowing shall be raised only
(i) in support of a further request for a stay of execution where
the court has not stayed execution despite the timely filing of a petition for relief from the
judgment and the presentation of prima facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule
2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty (30) days after such
service. Unless the defendant can demonstrate that there were compelling reasons for the delay,
a petition not timely filed shall be denied.
(b) If the petition states prima facie grounds for relief, the court shall issue a
rule to show cause and may grant a stay of proceedings. After being served with a copy of the
petition, the plaintiff shall file an answer on or before the return day of the rule. The return day
of the rule shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the
petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as
provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer and on any
testimony, depositions, admissions, and other evidence. The court for cause shown may stay
proceedings on the petition insofar as it seeks to open the judgment pending disposition of the
application to strike off the judgment. If evidence is produced which in a jury trial would require
the issues to be submitted to the jury, the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved
while the proceedings to strike off or open the judgment are pending.
2. Under 42 Pa.C.S.A. § 2737.1, you are entitled to costs and reasonable attorneys'
fees as determined by the court if you are incorrectly identified and had judgment entered against
you.
•
FUNK & BOLTON A.
By: I CJ
Eric S. Sc uster (I.D. No. 85362)
Funk & Bolton, P.A.
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201 -3111
410.659.4983 (telephone)
410.659.7773 (facsimile)
Attorneys for Susquehanna Bank
Dated: September , 2013
13010.026:157333
s -
I=I LED -OF FICE
OF THE PROTHONOTARY
2013 SEP 13 Aid 10: 31
Funk & Bolton, P.A. CUMBERLAND COUtiT Y
By: Eric S. Schuster, Esquire, I.D. No. 85362 PENNSYLVANIA
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION — LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO.
and JO ANNE S. KRONENBERG
Defendants.
NOTICE UNDER 42 Pa.C.S.A. § 2737.1
INSTRUCTIONS REGARDING THE PROCEDURE
TO FOLLOW TO STRIKE THE JUDGMENT
To: Jo Anne S. Kronenberg
605 Devonshire Drive
Carlisle, Pennsylvania 17013
Pursuant to 42 Pa.C.S.A. § 2737.1, the following instructions regarding the procedure to
follow to strike the judgment in this matter are hereby provided:
1. The procedure to follow to strike a judgment by confession is set forth in
Pa.R.C.P. § 2959, which provides as follows:
(a) (1) Relief from a judgment by confession shall be sought by petition.
Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment
or to open it must be asserted in a single petition. The petition may be filed in the county in
which the judgment was originally entered, in any county to which the judgment has been
transferred, or in any other county in which the sheriff has received a writ of execution directed
to the sheriff to enforce the judgment.
(2) The ground that the waiver of the due process of rights of notice
and hearing was not voluntary, intelligent, and any knowing shall be raised only
(i) in support of a further request for a stay of execution where
the court has not stayed execution despite the timely filing of a petition for relief from the
judgment and the presentation of prima facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule
2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty (30) days after such
service. Unless the defendant can demonstrate that there were compelling reasons for the delay,
a petition not timely filed shall be denied.
(b) If the petition states prima facie grounds for relief, the court shall issue a
rule to show cause and may grant a stay of proceedings. After being served with a copy of the
petition, the plaintiff shall file an answer on or before the return day of the rule. The return day
of the rule shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the
petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as
provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer and on any
testimony, depositions, admissions, and other evidence. The court for cause shown may stay
proceedings on the petition insofar as it seeks to open the judgment pending disposition of the
application to strike off the judgment. If evidence is produced which in a jury trial would require
the issues to be submitted to the jury, the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved
while the proceedings to strike off or open the judgment are pending.
2. Under 42 Pa.C.S.A. § 2737.1, you are entitled to costs and reasonable attorneys'
fees as determined by the court if you are incorrectly identified and had judgment entered against
you.
FUNK OLTON, P.A.
By:
Eric S. Schuster (I.D. No. 85362)
Funk & Bolton, P.A.
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201 -3111
410.659.4983 (telephone)
410.659.7773 (facsimile)
Dated: September 2013
Attorneys for Susquehanna Bank
,
13010.026:157333
Funk & Bolton, P.A. ;= ►O- FILE
By: Eric S. Schuster, Esquire, I.D. No. 85362 OF TNC PRdTHONO T A R
Twelfth Floor
36 South Charles Street 2013'SEP 13 Ate 10' 3 1
Baltimore, Maryland 21201 CUMBERLAND COUNTY
410.659.4983 PENNSYLVAN1AAttorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION — LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. I3 - 537 �'� 1 ���
and JO ANNE S. KRONENBERG
Defendants.
CERTIFICATION OF ADDRESSES
STATE OF
CITY /COUNTY OF TO WIT:
Eric S. Schuster, Esquire, being duly sworn according to law, deposes and says that to the
best of his knowledge, information, and belief, the addresses of the judgment creditor and the
judgment debtors in the above - captioned proceeding are as follows:
Plaintiff: Defendants:
Susquehanna Bank William M. Kronenberg
307 International Circle, Suite 600 605 Devonshire Drive
Hunt Valley, Maryland 21030 Carlisle, Pennsylvania 17013
Jo Anne S. Kronenberg
605 Devonshire Drive
Carlisle, Pennsylvania 17013
Sworn to and subscribed before me
this 11 `day of m6m_ , 2013 Funk & Bolton, P.A.
By: `�_ k C_ ��
Eric S. Schuster, Esquire
Notary Pu is Attorneys for Plaintiff
13010.026:157331
r
l
Funk & Bolton, P.A. t 1- : ' �• - T i i . � � I C E T
By: Eric S. Schuster, Esquire, I.D. No. 85362
Twelfth Floor 2013 SEP 1 3 AM 10 3
36 South Charles Street
Baltimore, Maryland 21201 CUMBERLAND COUNTY
410.659.4983 PENNSYLVANIA
Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION — LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. 13 — 6391 &VI 1ter
and JO ANNE S. KRONENBERG
Defendants.
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
To: William M. Kronenberg, Defendant
Judgment in the amount of: $154,869.30 plus interest after September 6, 2013 at the rate
of $16.49 per day has been entered against you and in favor of the Plaintiff, Susquehanna Bank
(the "Plaintiff'), without any prior notice or hearing based on a confession of judgment
contained in written agreements or other papers allegedly signed by you. The sheriff may take
your money or other property to pay the judgment at any time after thirty (3 0) 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 PETITION SEEKING RELIEF FROM EITHER OR
BOTH OF THE JUDGMENTS AND PRESENT IT TO A JUDGE WITHIN THIRTY (30)
DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY
LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249 -3166
Date: September( , 2013
Eric S. Schuster, Esquire
Pennsylvania Bar No. 85362
Funk & Bolton, P.A.
36 S. Charles Street, 12 Floor
Baltimore, Maryland 21201
(410) 659 -4983
Counsel for Plaintiff, Susquehanna Bank
13010.026:157375
Funk & Bolton, P.A. a` r 0 0
THE f ROTNONOTA"
By: Eric S. Schuster, Esquire, I.D. No. 85362
Twelfth Floor 2613 SEP 13 AM 10: 31
36 South Charles Street
Baltimore, Maryland 21201 CUMBERLAND COUNTY
410.659.4983 PENNSYLVANIA Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION - LAW
V. NOTICE OF FILING JU DGMENT
WILLIAM M. KRONENBERG, NO. IS- 5X11 (2 - m I Tex K
and JO ANNE S. KRONENBERG
Defendants.
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
To: Jo Anne S. Kronenberg, Defendant
Judgment in the amount of. $154,869.30 plus interest after September 6, 2013 at the rate
of $16.49 per day has been entered against you and in favor of the Plaintiff, Susquehanna Bank
(the "Plaintiff'), without any prior notice or hearing based on a confession of judgment
contained in written agreements or other papers 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 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 PETITION SEEKING RELIEF FROM EITHER OR
BOTH OF THE JUDGMENTS AND PRESENT IT TO A JUDGE WITHIN THIRTY (30)
DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY
LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
s
ate
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249 -3166
Date: September , 2013
Eric S. Schuster, Esquire
Pennsylvania Bar No. 85362
Funk & Bolton, P.A.
36 S. Charles Street, 12 Floor
Baltimore, Maryland 21201
(410) 659 -4983
Counsel for Plaintiff, Susquehanna Bank
13010.026157375
Funk & Bolton, P.A.
By: Eric S. Schuster, Esquire, I.D. No. 85362
Twelfth Floor
36 South Charles Street
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION - LAW
V. NOTICE OF FILING JUDGMENT
WILLIAM M. KRONENBERG, NO. 13 - 7 evil Term
and JO ANNE S. KRONENBERG
Defendants.
(Z-) Notice is hereby given that a JUDGMENT in the above - captioned matter
has been entered against you, William M. Kronenberg and Jo Anne S.
Kronenberg, jointly and severally, in the total amount of $154,869.30, plus
interest after September 6, 2013, at the rate of $16.49 per day, and costs.
(X) A copy of all documents fi wit the P onotary in port of the
within judgment is enclosed.
Prothonotary
By:
Deputy
If you have any questions regarding this Notice, please contact the filing party:
Eric S. Schuster, Esquire
(I.D. No. 85362)
Funk & Bolton, P.A.
36 South Charles Street, Twelfth Floor
Baltimore, Maryland 21201 -3111
410.659.4983 (telephone)
410.659.7773 (facsimile)
(This Notice is given in accordance with Pa.R.C.P. No. 236.)
13010.026:157328
r
Funk& Bolton, P.A. r _ +;- r` r;OTIIONoTrit; .
By: Eric S. Schuster, Esquire, I.D.No. 85342.
Twelfth Floor � 3 OCT -3 APl 11: 12
36 South Charles Street CUMBERLAND COUNTY
Baltimore, Maryland 21201 PENNSYLVANIA
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK • IN THE COURT OF COMMON PLEAS
• OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, CIVIL ACTION—LAW
•
v.
•
WILLIAM M. KRONENBERG, • NO. 13-5397
and JO ANNE S. KRONENBERG :
•
Defendants.
AFFIDAVIT OF RETURN OF SERVICE
Eric S. Schuster, counsel for Plaintiff, files this Affidavit of Return of Service and states
as follows:
1. On September 25, 2013 I sent via certified mail, return receipt requested and via
regular mail the Notices Under Rule 2958.1 of Judgment and Execution Thereon for the two
defendants.
2. Attached are copies of the return receipts signed by the defendants or their
authorized agent with respect to the Notices Under Rule 2958.1 of Judgment and Execution
Thereon served on them on or before September 30, 2013, which is the date I received back the
executed return receipts.
3. I do solemnly declare and affirm under the penalties of perjury that the foregoing
statement is true and correct to the best of my knowledge.
r 22��
Date: September 2013 J ) —.c
Eric S. Schuster, Esquire
Pennsylvania Bar No. 85362
Funk& Bolton, P.A.
36 S. Charles Street, 12th Floor
Baltimore, Maryland 21201
(410) 659-4983
Counsel for Plaintiff, Susquehanna Bank
STATE OF MARYLAND )
) TO WIT:
CITY/COUNTY OF ealnettra nne()
SUBSCRIBED AND SWORN to me this 3O day of September, 2013.
–1401D
Notary P is
My Commission Expires: I I L( /y
13010.026:157870
r
SENDER: COMPLETE THIS SECTION
COMPLETC THIS SECTION Or,GELIVEIiY
• Complete items 1,2,and 3.Also complete •
Wir
item 4 if Restricted Delivery is desired. �]AgeMt
• Print your name and address on the reverse �.L�Li►t. ssee
so that we can return the card to you. ( rited iI:,,,7 Drate4o•Delivery
• Attach this card to the back of the mailpiece, Ij1 ' " °°
or on the front if space permits. >tiQ r`
D. Is delive •ddress different f•m item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
Jo Arne S. Kronenberg
605 evonshire Drive
Carlisle, Pennsylvania 17013 3. Service Type
J Certified Mall 0 Express Mail
0 Registered 11ZReturn Receipt for Merchandise
0 Insured Mail 0 C.O.D.
3�
10k 01(9 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7009 1680 0000 4094 6433
(Transfer from se
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
•
UNITED STATES POSTAL SERVICE II I First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
Eric S. Schuster, Esq.
Funk& Bolton,P.A.
36 S. Charles Street, 12th Floor
Baltimore, Maryland 21201
' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Si'
item 4 if Restricted Delivery is desired. X ' ❑Agent
• Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Receivecliby(Print e) COW"?' Delivery
IN Attach this card to the back of the mailpiece, t ,� 1/
or on the front if space permits. Clft1{.1F
D. Is delivery address diffe t f '(n iteirt 1? 0 10
1. `.
1. Article Addressed to: If YES,enter delivery address below: ❑No,
•
aEx 4
WilliarriiVl. Kronenberg
605 Devonshire Drive 3. Service Type
Carlisle, Pennsylvania 17013 jki Certified Mail ❑Express Mail
❑Registered j Return Receipt for Merchandise
❑Insured Mall ❑C.O.D.
`30 10 OUP 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7009 1680 0000 4094 6440
(Transfer from service
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
Eric S. ter, Esq. .
Funk& Bolton, P.A
36 S. Charles Schus Street, 12th FIoor
Baltimore,Maryland 21201
Jl'111111llrlr rrilllIlr)Irll'11111J111)1ill'lli1'i'itlrllllrlrlil
— i iE PRO THUNOTA ti ,,
Funk& Bolton, P.A. 231 aC 23 �� f
By: Eric S. Schuster, Esquire, I.D. No. 85362
Twelfth Floor CUMBERLAND COUNTY
36 South Charles Street PENNSYLVANIA
Baltimore, Maryland 21201
410.659.4983 Attorneys for Plaintiff
SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
•
. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, • CIVIL ACTION—LAW
v. .
•
WILLIAM M. KRONENBERG, • NO. 13-5397
and JO ANNE S. KRONENBERG :
Defendants. .
PRAECIPE
MR./MADAM CLERK:
Susquehanna Bank, by its undersigned counsel, herein requests that you mark the
judgments entered in this matter in favor of Susquehanna Bank against William M. Kronenberg
and Jo Anne S. Kronenberg as "SETTLED AND SATISFIED." ,
C.
Eric S. Schuster
FUNK& BOLTON, P.A.
36 South Charles Street, Twelfth Floor
Baltimore, Maryland 21201-3111
410.659.4983 (telephone)
410.659.7773 (facsimile)
Attorneys for Plaintiff, Susquehanna Bank
Dated: December , 2013
13010.026:159494
1