HomeMy WebLinkAbout14-7015 Pa.R.C.P.2962
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISION V,
Case No.: I g- Is
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * * *
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the Complaint filed in this action, I appear for the Defendants, Eugene G.
Kirsch and Joyce L. Kirsch, and confess judgment in favor of the Plaintiff and against the
Defendants,jointly and severally, as of December 1, 2014 as follows:
a
Principal $ 280,079.78
Interest through 12/1/2014 $ 15,194.33
Per Diem $54.45996
Late Fees $ 1,327.13
Attorneys' Fees $ 42,011.97
Total $ 338,613.21
Shaan S. Chima, Esquire
PA Bar No. 312429
GEBHARDT & SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202
(410) 385-5109
Attorneys for the Defendants
2
t• f�
Pa.R.C.P.2962
IN THE COURT OF COMMON PLEAS `-
OF CUMBERLAND COUNTY, PENNSYLVANIA—,,,---
MANUFACTURERS
:
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISION
Case No.:
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * * *
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the Complaint filed in this action, I appear for the Defendant, Kirsch's
Printing, Inc., and confess judgment in favor of the Plaintiff and against the Defendant as of
December 1, 2014 as follows:
Principal $ 280,079.78
Interest through 12/1/2014 $ 15,194.33
Per Diem $54.45996
Late Fees $ 1,327.13
Attorneys' Fees $ 42,011.97
Total $ 338,613.21
Shaan S. Chima, Esquire
PA Bar No. 312429
GEBHARDT & SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202
(410) 385-5109
Attorneys for the Defendant
2
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISION —7
Case No.: ,� `� /
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * * *
COMPLAINT FOR CONFESSION
OF JUDGMENT OF MONEY
1. The Plaintiff and the last known address thereof is:
Manufacturers and Traders Trust Company
successor-in-interest to Allfirst Bank
One M&T Plaza
Buffalo, New York 14203
The Plaintiff is authorized to do business in the Commonwealth of Pennsylvania and has
numerous locations and branches in the Commonwealth of Pennsylvania,including in Cumberland
County.
2. The Defendants and their last known addresses are:
Eugene G. Kirsch
c/o Estate of Eugene G. Kirsch
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
Joyce L. Kirsch
c/o Estate of Joyce L. Kirsch
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
Kirsch's Printing, Inc.
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
3. This Court has in personam jurisdiction over the Defendants and venue lies in this
Court.
COUNT
(Eugene G. Kirsch & Joyce L. Kirsch,jointly and severally)
4. The Defendants, Eugene G. Kirsch and Joyce L. Kirsch (collectively, the
"Borrowers") are presently indebted to Plaintiff pursuant to a Loan evidenced by a Term Business
Purpose Promissory Note,dated November 21,2001,executed and delivered by the Borrowers to the
order of Plaintiff in the original principal amount of$493,000.00("Note"). The original instrument
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evidencing the obligation on which the judgment is herein confessed or a photostatic copy of a like
reproduction showing the signatures of the Defendants, Eugene G. Kirsch and Joyce L. Kirsch,
which is a true and accurate reproduction of the original, is attached hereto as Exhibit "A" and is
incorporated herein by reference.
5. The Borrowers are both now deceased. Upon information and belief,Joyce L.Kirsch
died in 2003 and Eugene G.Kirsch died in 2013. Upon information and belief,Kevinlee Kirsch has
been appointed executor and representative of the Estate of Eugene G. Kirsch.
6. The Borrowers defaulted under the terms and conditions of the Note by failing to pay
Plaintiff the full monthly payments called for thereunder when and as due.
7. As a result of the default existing under the Note, Plaintiff, in accordance with the
terms and conditions of the Note, declared a default and accelerated and demanded immediate
payment of all indebtedness owed under the Note from the Borrowers. A true and accurate copy of
the demand letter is attached hereto as Exhibit`B" and is incorporated by reference herein.
8. Despite such demand, the Borrowers have failed to pay all indebtedness owed to
Plaintiff as required under the Note.
9. There has been no assignment or transfer of the Note.
10. Pursuant to Rule 2952 of the Pennsylvania Rules of Civil Procedure, the judgment
entered in connection with this Complaint for Confession of Judgment for Money(the"Complaint")
against the Defendants,Eugene G.Kirsch and Joyce L.Kirsch,set forth herein has not been entered
against a natural person in connection with a consumer credit transaction.
11. Judgment has not been entered on the Note in any other jurisdiction.
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12. The itemization of the amounts owed under the Note as of December 1, 2014 is as
follows:
Principal $ 280,079.78
Interest through 12/1/2014 $ 15,194.33
Per Diem $54.45996
Late Fees $ 1,327.13
Attorneys' Fees $ 42,011.97
Total $ 338,613.21
13. The Note with the Confession of Judgment and Warrant of Attorney was executed on
November 21, 2001.
14. Under the Confession of Judgment set forth in the Note, the Borrowers irrevocably
and unconditionally authorized and empowered any attorney admitted to practice before any court of
record in the United States to appear on behalf of the Borrowers in any court in one or more
proceedings, or before any clerk thereof or prothonotary or other court official, and to appear for,
confess and enter judgment against the Borrowers at any time,whether before or after the occurrence
of any default thereunder,with or without averment of default,with or without complaint filed,and
without prior notice to or opportunity of the Borrowers for prior hearing, in favor of the Plaintiff in
the full amount of indebtedness evidence by the Note(including principal,accrued interest and any
and all charges, fees and expenses) plus court costs, plus attorneys' fees equal to fifteen percent
(15%)of the unpaid balance of principal,interest,charges,and other sums due or which may become
due thereunder, with release of all errors and without right of appeal.
WHEREFORE, the Plaintiff is authorized by the warrant of attorney and confession of
judgment clause contained in the Note to confess judgment against the Defendants, Eugene G.
4
Kirsch and Joyce L. Kirsch, jointly and severally, and demands and requests that judgment be
entered against the Defendants, Eugene G. Kirsch and Joyce L. Kirsch,jointly and severally, in the
total amount of$338,613.21,plus interest after December 1,2014 and brings the attached Note into
Court to recover the said sum.
COUNT II
(Kirsch's Printing,Inc.)
15. Plaintiff incorporates herein by reference paragraphs 1 through 14 of this Complaint
as if fully set forth herein.
16. Defendant,Kirsch's Printing,Inc.("Guarantor"),unconditionally guaranteed payment
of the obligations owed to the Plaintiff by the Borrowers under the Note pursuant to the execution by
the Guarantor of a Guaranty Agreement (Continuing), dated November 21, 2001, in favor of the
Plaintiff("Guaranty"). The original instrument evidencing the obligation on which the judgment is
herein confessed or a photostatic copy of a like reproduction showing the signature of Defendant,
Kirsch's Printing,Inc.,which is a true and accurate reproduction of the original,is attached hereto as
Exhibit"C" and is incorporated herein by reference.
17. As stated above,all indebtedness owed to the Plaintiff under the Note is immediately
due and payable by the Borrowers to the Plaintiff. In addition, those sums are also due and owing
from the Guarantor to the Plaintiff pursuant to the terms and conditions of the Guaranty.
18. The Guarantor defaulted under the terms and conditions of the Guaranty by the failure
of all Defendants to pay Plaintiff all indebtedness owed under the Note and the Guaranty as required
thereunder upon demand by the Plaintiff. A true and accurate copy of the demand letter is attached
hereto as Exhibit "B" and is incorporated by reference herein.
5
19. Despite such demand, the Guarantor has failed to pay all indebtedness owed to
Plaintiff as required under the Guaranty.
20. There has been no assignment or transfer of the Guaranty.
21. Pursuant to Rule 2952 of the Pennsylvania Rules of Civil Procedure,the judgment
entered in connection with the Complaint against the Defendant, Kirsch's Printing, Inc., set forth
herein has not been entered against a natural person in connection with a consumer credit transaction.
22. Judgment has not been entered on the Guaranty in any other jurisdiction.
23. The itemization of the amounts owed under the Guaranty as of December 1,2014 is
as follows:
Principal $ 280,079.78
Interest through 12/1/2014 $ 15,194.33
Per Diem $54.45996
Late Fees $ 1,327.13
Attorneys' Fees $ 42,011.97
Total $ 338,613.21
24. The Guaranty with the Confession of Judgment and Warrant of Attorney was
executed by the Guarantor on November 21, 2001.
25. Under the Confession of Judgment set forth in the Guaranty, the Guarantor
irrevocably and unconditionally authorized and empowered any attorney admitted to practice before
any court of record in the United States to appear on behalf of the Guarantor in any court in one or
more proceedings, or before any clerk thereof or prothonotary or other court official,and to appear
for, confess and enter judgment against the Guarantor at any time, whether before or after the
occurrence of any default thereunder,with or without averment of default,with or without complaint
6
filed, and without prior notice to or opportunity of the Guarantor for prior hearing, in favor of the
Plaintiff in the full amount of the obligations which are due or may become due on the Guaranty,
plus court costs, attorneys' fees equal to fifteen percent(15%) of the amount which is due or may
become due, with release of all errors and without right of appeal.
WHEREFORE, the Plaintiff is authorized by the warrant of attorney and confession of
judgment clause contained in the Guaranty to confess judgment against the Defendant, Kirsch's
Printing, Inc., and demands and requests that judgment be entered against the Defendant, Kirsch's
Printing,Inc.,in the total amount of$338,613.21,plus interest after December 1,2014 and brings the
attached Guaranty into Court to recover the said sum.
Date: December 2014
Shaan S. Chima, Esquire
P.A. Bar No. 312429
GEBHARDT & SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202
(410) 385-5109
Counsel for Plaintiff, Manufacturers and
Traders Trust Company
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VERIFICATION
Understanding that false statements made in this Verification are subject to the penalties of
18 Pa. C.S.A. § 4904 relating to unsworn falsification of authorities,I verify that I am an Assistant
Vice President of Manufacturers and Traders Trust Company, the Plaintiff in the above-captioned
matter,and that I am authorized to make this Verification on the Plaintiff's behalf and I verify that all
of the statements and averments made in the foregoing Complaint are true and correct upon the
Plaintiff's personal knowledge, information or belief.
�Assistf
�cw," .P cia J. Kanick, ice President
Manufacturers and Traders Trust Company
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EXHIBIT A
(Page 1 of 2)
1 AN:1.1600S693
Ll allf est ACctfi:181102901 TERMBUSUMSPURPOSB
EUGENGE G KIRSCH PROMISSORY NOTE
1121/01
5 493.000.00 Yor Penns lues t++-t C ?sjt]f
(61y)
FOR VALUL•RECEIVED,the undersigned C'Bormwef)promises to pay to the order ofAllnnt Bank,a Maryland state-chartered commercial bank("Bank'),at
Bank's office,at 1123 N.Gcergc Street,York Pennsylvania 17404 or at such other place At the Bank may from time to time designate,the principal sum of Four
Hundred Ninety Three Thousand and OD/100 Dollars($493,000.00),or such other amount as may be advanced from time to time to Borrower,together with imorai
thereon at the rate or rata herealler specified and■ray and all other sums which may be owing to Bank by Borrower pumrsm to this Promisewy Note.The fallowing temus
I shall apply to ibis Promissory Note.
1. INTEREST. From the dale hercofuntil November 26,2006,the principal amount outstanding from time lotime pursuam to this Promissory Note shall bear interest
at 6.800%.
From November 26,2006 until all rums due hereunder,including principal,interest,charges,i'aa and expensea'am paid in full,the principal annum comandinfrom
time to lime pursuant to this Promissory Note shall bear inferrer at a fluctuating rale equal to 0%per swm uabove the greater OP.(h)that rate arm nod from time p fr to
time by Bank as its"prime rate"w(d)the average nte,rounded to the nares]!loth of I%Cor 3•mmUt maturity data placed conumacial peps("Commercial Paper
Rate")fw the weak mna rcemlly reported in the federal Reserve Statistical Release No.H.l3(319j,entitled"Selected Interest Rate;'w any"acceding publication;
yrovided that the interni on this Promissory Note shall neva be less than the rate that is I%per annum above the Commereid Paper Rte.Bunk ai its discretion may
charge a lesser rate from time to time.Interest on the princi al amount outstanding shag be adjusted daily with the rate for each day being the rate in effed at the close or
business on that day.Bands makes low at irdereslrates at,above and below its prime rata
2. CALCULATION OF INTEREST.Interest shall be calculated an the basis of a three hundred softy(360)days per year fnclar applied to the aduil numbs of days
on which there exists an unpaid balance hamrader.
3. "..PAYMENT. Borrower shall make pnymans of principal and interest monody,each such payment in the amount of 53,791.51,on the 25th day of each month,
beginning on December 25,2001,and continuing until November 2S,2006.Cmnmm ing on December 25,2006,Borrower than make psymeds ofpruuipnIts t,
each such payment in the zinc=of: * Accrued together with aued'interest■l the rate act forth above,which payments shall continue on the same day Grassi month to
each year thereafter until N-vembw 2i,2016,which Is the final and absolute due date ofthis Promissory NNe,at which time all stems due herc under,includingpvindpat,
interest,chargee,face and expenses shall be paid in full*1AX of 1 ��= (jni.tjH1)E � n
All amounts owed to Bank hereunder shall be payable in immediately,available Nath by zed debit o Accord number
Borrower ilgreet to maintain a balance in Use above eserihed■cceun which 6 at leant equil l01 pie rymem samm oa each payndem duo date,
4. PREPAYMENT.Any preps, and ofthc p' "al balance afthis Promissory Note shall be applied to the outstanding principal beimoe ofthie Promissory Note in the
inverse order of sehodulad maturit1ies,and mry ere paid os follautx
Prepayment Fee.Harrower may prepay Otis Promissory Note in whole or in pan at any time or from time to time upon payment of Oar following prepayment fee: The
description of the prepayment fee la rt!forth In the attached Declining Rate Prepayment Addendum.
' S. CONFESSION OFJUDGMENT.Borrower irrevocably and unconditionally authorizes and empowers any attorney admitted to practice before any tenet
i of record In the United States to appear on belialfer Borrower In any mutt in one or more proceedings,or before any clerk thereof or prothonotary or other-
court official,and to appear far,certfas and enter Judgment against Borrower at any time,whether before or atter the occurrence or any default heremner,
' with or without averment of derault,with or without complaint(tied,and without prior notice to or oPPportuNy of Borrower for prior hearing,in favor of
' Bank in the❑ll amount of the Indebtedness evidenced by this Promissory Note(Including prindpal,accrued Interert and my and all eharyes,fm and
I experues)press coati caela,plus attorneys'fees equal to Brieen percent(15%)of the unpaid bdanee of prineipn,Interest,charges,and other'aeea due or
h wfilch may bacons due hereunder,with release of all errors sad sdthout right of nppeaL in addtton to ell other courts in which Judgment'mgy be conferred
agnnsf borrower upon t1uL Yromlasory Nate,Ibrrower aguees That venue sad Juriadldlon shall be proper in the courts or asr county or city or the
Commenwc.lth of P¢nnayh'atila or It the Udltd Stara Dtstcid Court for lite Middle DIaWd afPennsyivmda.Borrower waves the Laneat of any and every
atanute ordtnane4 or Wile of court whsthet now!n force or herclnarier enadrd,wihlch may be lawrugy walved conferring upon Borrower aneIgN or
prtvtaga of exemption,homestead rights,appralsemmt,stoy of esetntlen or supplementary proccdinga,or other relief num the enforcement or Immediate
mf-rm-en!of a Judgment or elated proeesdingr on a JudgmmL(tea the ertmt prvhlblted by appUcahte taw,any Jadgmat obtained by conressloe*hall not
con:tltuh o Hen on rap'rrsl proper located fn Ponnaylvarda witch b Ute rnideaa•of■ray Burrower.)The n.1b, ty ata power to appear for and enter
Judpmcnt ajmhut Borrvas:r a all sot a ahmrafed by one or more exendses Utarcol;or by aaq lotper[rd exercise therxog and shill rot be extinguished by oa
Judgment en4rcd purauont Uherctoi suds authority end power rm�'be caer etacd oa one or mon cecnjionj from time to lime,In the same or different
jucisdichoa,m orim as lits holder shall deem neenAs, or ndvlsnMe. BORROWER HEREBY ACKNOWLEDGES THAT THE CONFESSION OF
JUDGMENT PROVISIONS HEREIN CONTAINED WHICH AFFECT AND WAIVE CERTAIN LEGAL RIGHTS OF BORROWER HAVE BEEN READ,
UNDERSTOOD AND VOLUNTARILY AGREED TO BY BORROWER
6. LATE PAYMENT CHARGE Irony payma I due hereunder(neludhng ury payment in whole or in pat of principal)fa nm received by Bank within ancen(15)
calender days after its due date,Horowarshaii pay a late paymeid ehargc equal/o five percent(5%i)of the amou dihm due.
7. APPLICATION OF PAYMENTS All peymads rade purauam to t61s romhoseryl d Note shall be applied 11rAto ataued and unpaid inic est,than to unpaid expenses
and charges payable herenalar,and than to primps),or m such other order at proportion Banc,in Bank'*sok diwelion,may elect tam time to time,
L SECURITY.Sums duo under this Pmadsmry Note ase aceved by,and Borrower pledges and grants to Back a securityy umaad in,all deposit accounts,deposits and
plvpMy of Bw mva now or at any time hereafter m the possession of or on dcInmitwilh Bank whether as custodian or dapmilory or in mry otter rapacity,in add'liw4 obis
P missory Note is secured by any dambed as collateral in any security egoemenl,nmrtgage,deed of rust,pledge agrvahned or Nita doeumed p oviomly,
titmrtleneotnly,or]rcreafler cm into Borrower,under of in comcctim with this Promsssory NNe,and all renavatr,refmsncingt,eldmdonj,su ons,
smendmenls and modifications thueof,such other security documsot(c)including but net]•united to Uta following!
Real estate mortgage or deed or trust an property known as 1915 Kathryn Street,New Cumberland,PA 17070 is New Cumberland,6maberland
Cmmty/City,State cf pemsylvmde(Real etafe in Pennsylvania contituting the residrnee of ary Borrower may notbe tenuity lar any loan of 550,000 or Ina in
original principal amount which is evidenced by Ibis Promissory Note.)
This Promissory Note specifically incorporates by refasetae,n if fully ad F90 herein,all of the language and provisions of the security documents d.-lard generally or
specifically above
9, DEFAULT.Any orthe following will be a default under this Promissory Note;(a)future to pay any prioeipai aPence,tea,ohargo or iderast when dere,or fanure to
perfmm any other obligation hereunder,(b)a default by carry Borrower upon any at the erasing on,future obliga lora of any Borrower to Hans;(e)a deCavh by an
steeranror or other parson fi■t is now or hes.Oer Gafile'uuppoonn err is wnneWon with any of the obligations of any Borrower to Bank ortbat hos granted my lien m security
udacR to or for the hcatll of Bank to secure any of the obifgatonj of.,Borrower to Bank('Other Obligor),upon any oftho existing or fimua obligeit or Other
Obligor to Bank;(d)a default in any other agnxnterd.instrument or document between any Borrower or Otho Obligor and Bank or any corporate at61ia1e of Butt
includmg,without limitation.any aeeurfty documud rderi ed to above,whetherpreviously,nmulimmus)h or hereafteromared ido;(a)a mateaal adverse change is the
financial condition army Borrows or Ofia Obbjor from that r�ressed m the f to acid statement mat mainly nbralUd to Bank prior to the tato of tthh 2Yomirrory .
Note,as determined in good faith by Bank in its sale c isottiOM(f)imtitutim of hankruptcp,icsoivenry,rewgaaizalion or of
Borrower or Other Obligor in any state a federal court;(g)the nppoimoeem of a rrterva,73'nen,custodian.tmstee or sirn0ar official dtmdarany federal Or sale
insolvency or emditors'rights law for any p e�y or an Bmrowa or Other Obligor,(h)falure of any Borrower or Other Obligor w famish to Bauder such collateral or
Additional collateral as Hale may in good fahtb request; 1 only swnny.nprmefiativo.orstalemeal to Banc by orm bebWaf ary Bomower orlith"ObEvrpro to
have ban inevrren in matenil respect svben made orfamished;Oft occurrence of any evens which iceor, would be with the passage oftiro-artho giving of so1'toa w
both a delhoh under anyany ndchiedoess of any Bonrovwer a Otho Obligor to an)(person otha Dun Buckany;(k) malesid lass,t eft ersubdaotial damage,re fuilinjured
for the benefit of Harder,to any of tie assets of any Borrower or Other Obligor,orthaa
e sale,trnnjfer,lean,enmbreoor otherdisposition of all or any material pin of the
assets of any Borrow"or OUxr Obligor other thin in the wdrnnry aura of business of Borrower or Otter Obligor,(t)the Crary d any faW judgment aping any
Borrower err Otra Obligor for the payment of mmry hit excar of 55,000;(m)the levy upon err zMahmant of any assets of any Borrower or Other Obligor,(r)the
recerdeti-n of federal,rtile or local rex lien egurut mY Burrower or Other Obligor;(o)a tfimpra otovmership or diueluiao,maga,ennsolidation,Gquidntim err
. reorgastiration of soy Hwmwer err Otax Obfigar ahlclh 4 a oorponlior4 parinash(p w oAa legal entriy,(p)trc daatb of ary Barvurr or Olhor Obtigor who is a natural
person;(f01he faltrrc orally Borowa w other 01di�or to firthidn to Batdc such faundal imfmmativn as Bask may tequve from lime to 1intK or(fj the ddarninatimh is
r grad faith by Dank,int iu solo diacretotL thatfie ilrOty ofer{y Bonowa or Oiler Oldigorto pay or perfoam ury of talc respective obligatims w Back is impaired Corery
reason
1Q RBMEDlFS Upm a dtfauult b adddim la all other rids end rtrrmdia nmilaWe to iia Bank undoarty-Slur document w agrecmarl between Borrower sad Bank
t or mister applimble law,rho Ha-k in 16e Hadeti rote sliceretnoa and wilhoN nota or drtvsed,may.(n)nice fie rate of iedenert atenwg on lits unpaid balanso due under
Uric Psvaeiaary Nvta by twe(2) polms above me rate of inlaest ofhornise apptioablG(rratgended ofwhetlterthe Bank deal to acalenle the unpaid principai
balahtt as a resuk of suds deAcs til•and(h)dedan 16*rntiro uepaia pnadpil balsam plus a-aued imesest and all other area due haemder Imttmediately due seat payable
Hormwer ajrw that a default under)iiia N-k is a def uh Borrower tmda aA otur Babililies end obligations of DamuQ to Bank,and that Honk"have
the right to dsetara imme&ately due and payable of sash other nab hies and obligatomc Borrower waives say right as claim to muse a marthaning of the assets or
Borrower w say Other Obligor.
IL INTERE,gT RATE AFTER JUDGMENT. If judgtntra h radered aptimt Borrower m 0uis Prominory Nme,the smoud oftbe judgsnm udesrd(which mry
Guhrde pritsdpal,irtaest,cbvga*,fat,tad eh�awa)shall boa mtam at the Idsba oCtht above desatbed deft Irterea:ero es d -don rtes date of the entry of
the justgmat.or fie)eget tate of idaen Theo applicable to judgmanta int fie jwisAaim bit u3teb judgraed was entered
12. SET-0FF. Bank shah have flu riPJn to setoD'*rad appy a�ailm Um obligailom of Borrower to Barak evidanced by this Promissory Note arty ams of Boaowa al
' any time on deposit with Hxdc whether such depmiu aro spmia(,1ntC savingt<,passbook or danced,proves a]or fines!,and Borrowerhereby pledge and grants to Bank
a *ty uderW in dl such depecits.
33. HXPEKSES OF COLLECTION.Bmmwto shin pay an ansa and expenses bru rred by Bank in coccftn;ens due under tit Promissory Note,including witbom
limitation the cam army lien judgment w otba record seuchat,appraisals,travel expeasa and the likes Ice addition,if this Prominory Nate Is referred to an anomay fa
•conoctiorh,whether m scot jodgtrmtd has arm coetkaxd or mit tier bean filed,Borrower shall pay all of Baakti amt;fm(including,but not luted to.Banks aaomeye
i fes,do rges and tapas-s))and all other expenses resulting from inch rcfaral.
14, NEGOTIABLE INSTRUMENT.Bonoxrr■ fid ibis Promissory Noes shall be deemed to be a negotiable instrument.even though this Pinunissory Note may
1
not qual'dv umia applicable law,absent this paagraph,as a nCgotiable isrtrsuveot
15. WAIVERS.Borrower,and all ppaamvm to this Promissory Note,whether maker.indorar,or guarantor,waive prcterizent,demand,mdicn ofduho w and protest
Iii. EXTENSIONS OF MATURITY.Ali parties to this Promissory Note,washer maker,indotsa,or guaardorr agree fiat the maturity nfthis Promissory Noik Or
any paymed due haeonder,may be exwhded by the Bank u any time or fine time m time without releasing discharging,err affeamg tine liabflay ofsuch poly.
l7. NOTICES. Any notice or demsrud requited or permitted by or in poomeaim with this Promissory Note,without lowlying the obligation to provide any notice or
Ys•ato4n.Paartt.t .
(Page 2 of 4
demand,shalt be in writing et the address td forthow beler to such olhc.ddr ets As may bo hacela spained by wrincn entice to Bank by Borrower.Any each malice or
demand shall be deemed to be cir ctive As Of the date Of hand delivery or fecsimile umns ission,enc(1)day Aller dhpstch if sent by ielegtamt matlgnm,overnight ••
deliv ez u mail,Federal Express,or three(T)days After mailing if sent by feral elan mail with postage prepaid.
1 S. ASSILINABILTY.This Promissory Note may be assigned by Bank or any twldd of ury time.Borrows ahetl not have the right to assign Its rights hereunder or any
interests herein without the prior written eonsrnl of Bettie.
19. JOINT AND SEVERAL LIABILITY. Umoretl'vrn one person or eatily is executing(his Promissory Note As Bemowa,all thbilities under this Promissory Note
thalt be{ainl and uverei Wish rc�eat to each of such persons W eolitia.
20. BINDING NATURE This Promissory Note Abell inum W the benefit of and be enforceable by Bank and Bank's sueceamrs and asAigi and any other person to
whom Bank may gnnl an interest in Bocci obligations to Bank,and shall be binding and enforceable against Borrower and Borriii personal rcIndentalives,
sacussars and assigns.
21, INVALIDITY OF ANY PART. ifany provision of pan army provision orthis Promissory Note shall for any reason be held invalid,illegal or unatforoeable in any
re=peal,tach invalidity,illegality or ummforeeahility¢hall trot e�oct say other provisions of thea Promiuory Voter and thee Promissory Nole shall lee construed as if such
Invalid,illegal or ueenforoeable provision or put thcmofhad never been contained hanin,but only to the extent Of lis invalidity,llegality or unmfaree ibitity.
22. AJAXIMUM RATE OF INTEREST'•COMMERCIAL LOAN. Notwithslanding any provision of thin Promissory Note to thhe conLary,Borrower shag sot be
obligated to pay intmst hereunder in m=ass ofthc maximum rete of intercA pcmdtiod by thc laws of arty state dclermiaed to gosemdtis Prommwry Note or a.laws of the
United Slates applicable to loos in such&lata ffany
provision of this Promissory Noleshall ever be eomhued to requite the payment of any amount of mtermt in excess of
that pamiued by applicable law,then the interest to tis paid haatmder sball be held subjed to tcduWon to tho amotmt allowed undo agplicebis law,and airy ams paid in
excess ofthe inlared role allowed by law shall be applied in reduction ofthe principal bilaoca ouutandingunderthis Promissory Nola. were.aeknowltd 1hLL fl hu
be-contemplated at dlimo by limby Borrower that the laws of the COmmomved(h of Pennsylvania will gavem the maximum rate of' that it is petmsuble for 0m
holder of this Promissory Notate charge porrewer under this Proroisrory Nola Borrower warrentathe this Promissory Nott evidentrs a loan meds solely to aaqulre
of
arty on a business or eommcrdal enterpnsa
23. CROICE OF I AW:CONSEti'f TO VENUE AND JURISDICTION.This pmaniseary Note shall be governed,construed and intapmod in ataordante with One
taus of the COnunanweallh of Pesus.ylvanla,even if the Pennsylvania rule governing contlicis of laws would otherwise rcgduo that the laws of another jurisdiction
ver this promissoryNote. Bonti comarnm to ilia jurisdiction and vemna of the courts of Any county or city In The Commonwealth of Pemssylvads,and to the
;urisd C=end venuof the United States District Court flat the Middle District of Pcwuyivmda in any action or judicial proceeding brought to enforce,construe of
interpret this Prominssworyry Note.
7A. UNCONDITIONAL OBLIGATIONS Bormwces obligations under this Promissory Note shall be the absolute and unconditional duties and obligations of
i Borrower and sbi be independent of any rights of id-off,ruoupmast or counterclaim which Borrower might otheawise have erg+. the holder of this Promissory Nob;
And Borrows shall pay absolutely the payments of principal,interest.fear,charges and expenses required hereunder,free of arty dtdud{ona and without abatmten4
diminution or&et-oN.
1 25. ACTIONS AGAINST BANK Any action bri by Borrower against Bank which is buck directly crinditedly,or in whole a in part,upon this Promissory
Note or any matter related to this Promissory Note&hall be brought only in the courts ofthe Commonwealth of Pennsylvarda
1 26.AMENDMENTS,NO WAIVER,ETC This promissory Note may be amended only by a writing dub executed by Boingw r and Bark. No waiver by Bade of
Any of One provisions of this Promissory Nate or any of the fights m remedies of Bank with respect hereto shall be effective or eedorenWe antis=in writing.No iadulgeace
or delay an the Part or Bank in exercising any power.privilege or right hereunder or under Arty other elptica m executed by Borrower to Bank in conmttion hemwiib shall
operate as s waiver themor.No single or wed exercise of any power,privilege of right shell p eeladd other or Ruth"ciac a thereof,Or the exercise army other power.
p'vlege or right.No conduct,custom or'course of dealiag shall be eReclhZ to waiv4 amrn$modify orrelease this Promissory Note or wry of the termsend conditions
hereof.This Promiai Note ronstieutes the complete and exclusive expression of the term orlhe agreement between the parties tvifh respect to the subject matter act forth
hereat and supersedes all pi or contemporaneous communications between the parties relating to the abject roamer of this Promiun Nola Ply
27. OTBP.R
RS,ETC, In the event Bank has been gm
aed a lien or searhy inici ss eollatael for the Amours owed under this Promise Nos by a
Other than Borrower(-War Cotlruci Bomow'er Acknowledges and agrees that the documents evidencing such tied car security interest mao�the Uniforms in law and
modify,waiva'or explain the rights and duties of the parties thereto. To the extent Botrovxr qualifies as an"obligor"within the meaning .
CodaSecured Transactions,As amended("UCC")or any similar law army other state or territory with respect to the 0ther Collateral and,as a result thereat;(lit UCC or
on Beek with respect 10 Barrows,.Bonowp agrees that such rights and duties have been modified,
almily law confers any rights on Borrower a impasea any duties
waived or explained to the same extant,and in the same main=,
that the party provrebng the Other CoDLLeral has ap=ed to mai waive.of explain Its cormsponding
ny�s andhmarry Imrespoading duties owed wit by Bink.
2t1, WAIVER OF JURY TRIAL,.Borrower .(by exewlEon o[this PromissoryNote)and Dank(b9 acceptance of tots Promissory 1'I.ote)[,gree lhnt mry Ault,
W.
bi
adiory or proceeding,whether Balm of eotmtadalrn4 brought or Inadtated by Borrows or B on or with rup ed t0 Iltis Prwntssorryy Note or tddth hr arty
he
way relates,dinedly or dndireelly,to the abllgauam a',
to Bonk under thL PromLaory Nota or the denlinga at 6he pnrBa w1W reaped thent0.shall
be tried osa(y trY■Judge cad not by n)Ary. Berrowv and Dank hereby espressly waive arsy tight to n trial by lorry In any suds aunt,action,Or pmexedNg.
tiler Sato line trumadlon atilt Borrows ff this prosislPon x&ere of a eat
ottbdnagf�i�d anaepcd of the ngreanent beM'een lRe patUa send Iltat Banktrovld mat
IN WITNESS WHEREOF.and intending to be legally bound hereby,the undersigned ca iti this proatheary Note under seal,as-Botrowa.as of the data first wnieen
above.
WITNESS: BORROWER:
(Signature) D
. ��y l¢,X2d.�4,��O( Joyce L Kirsch
(Print Name) (Print Name) �o
(Shgaat»rc)
HnNt4glmeG
rich
(Print Name) (Iste)Ki
Address iS37llaehryn street
New Cuarberland,Pennsylvania 17070
Telephone Number. (717)`
Social Security Na
I
i
I '
ts.moaa,t>.ptedi
(Page 3 of 3)
allfirst
DECLINING RATE
PREPAYMENT ADDENDUM
I.PREPAYMENT FEE DESCRIPTION
If all or any portion of the outstanding principal amount is.prepaid prior to the fifth anniversary,the Borrower shall
pay a prepayment fee to the Bank. The prepayment fee shall be in connection with all such payments, from
whatever source. The prepayment fee shall be one percent(10/4)ofthe amount prepaid for each year rounding up for
any partial year from the time of prepayment until the fifth anniversary.For example,the prepayment fee shall be one
percent(1%)of the amount prepaid is made but not more than one(1)year before the fifth(5)anniversary of this
Promissory Note,and the prepayment fee shall be three percent(3%)of the amount prepaid if the prepayment is made
more than two(2)years but not more than three(3)years before the fifth(5)anniversaryof this Promissory Note.
iIl.REPAYMENT
Notwithstanding the repayment schedule set forth in the Note,the Bank shall have the right,in its sole discretion,to
adjust the scheduled installment of principal and interest,at any time and from time to time after the fifth(5th)
anniversary of the Note,to preserve the ten(20)year amortization established under the Note. Nothing contained in
this provision shall be deemed to extend the maturity of the Note beyond the date set forth in the"Repayment"section
of the Note.
fit.GENERAL PROVISIONS:This Addendum is hereby made a part of the promissory Note.
IN WITNESS WHEREOF,and intending to be legally bound hereby,the undersigned execute this Addendum under
seal,as Borrower,as of the date of the Promissory Note,
WITNESS: BORROWER:
y�q Q1ti.s 1CI-r 3 (SEAL)
Eugen irsch�- -_J�
�2m 'e• �"" '� (SEAL)
Joyce L.Kirsch
I '
I
EXHIBIT B
LAW OFFICES
GEBHARDT & SMITH LLP
SUITE 2200
ONE SOUTH STREET
BALTIMORE, MARYLAND 21202-3281
TELEPHONE:(410)752-5830
FACSIMILE: (410)385-5119
WRITER'S DIRECT DIAL NUMBER:
Shaan S.Chima,Esq.*
(410)355-5109
shaan.chima@gebsmith.com
*Admitted in N0,PA and DC
November 25, 2014
VIA CERTIFIED MAIL--RETURN VIA CERTIFIED MAIL--RETURN
RECEIPT REQUESTED AND RECEIPT REQUESTED AND
FIRST-CLASS MAIL FIRST-CLASS MAIL
Eugene G. Kirsch Joyce L. Kirsch-
c/o Estate of Eugene G. Kirsch c/o Estate of Joyce L. Kirsch
1517 Kathryn Street 1517 Kathryn Street
New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070
Attn: Kevinlee Kirsch Attn: Kevinlee Kirsch
Eugene G. Kirsch Joyce L. Kirsch
C/O Estate of Eugene G. Kirsch c/o Estate of Joyce L. Kirsch
1515 Kathryn Street 1515 Kathryn Street
New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070
Atin:' Kevinlee Kirsch Attn: Kevinlee Kirsch
Eugene G. Kirsch Joyce L. Kirsch
c/o Estate of Eugene G. Kirsch c/o Estate of Joyce L. Kirsch
1514 Kathryn Street 1514 Kathryn Street
New Cumberland;Pennsylvania 17070 New Cumberland,Pennsylvania 17070
Attn: Kevinlee Kirsch Attn: Kevinlee Kirsch
Re: $493,000.00 Business Term Loan("Loan".)to Eugene G. Kirsch and Joyce
L. Kirsch(collectively, the `Borrower") from Manufacturers and Traders
Trust Company, successor-in-interest to Allfrgt Bank("Lender")
Our File No.:. 32333
Dear Mr. Kirsch:
Please-be advised that I have been retained by the Lender to represent the Lender in
connection with the above-referenced Loan and the various Loan Documents relating thereto and/or
executed in connection therewith (collectively the "LoanDocuments"). A review of the Loan
GEBHARDT & SMITH LLP
November 25,2014
Page 2
Documents confirms that all indebtedness owed under.the Loan.is absolutely and unconditionally
guaranteed by Kirsch's Printing, Inc. ("Guarantor"). The "Borrower" and the "Guarantor" are
collectively referred to herein as the "Obligors."
Pursuant to the terms and conditions of the Loan Documents, the Obligors were to make
certain monthly principal and interest payments thereunder. The Obligors are presently in payment
default under the Loan and the Loan Documents as a result of the Obligors' failure to deliver to the
Lender the full monthly principal and interest payments as and when due under the Loan Documents.
Therefore, the Obligors arepresently in default under the terms and conditions of the Loan
Documents and the Lender has, pursuant to the terms and conditions of the Loan Documents,
accelerated and declared immediately due and payable all amounts due thereunder. The Loan
Documents are further in default due to the death of each Borrower.
By letter dated August 8,2014,the Lender previously demanded payment of all indebtedness
owed by the Obligors under the Loan and Loan Documents. Despite such demand,the Obligors have
failed to pay the Lender all amounts that are owed by the Obligors under the Loan Documents.
Therefore, demand is hereby renewed and made upon the Obligors to pay all indebtedness that is
owed by the Obligors to the Lender under the Loan and the Loan Documents.
As of November 24, 2014, the outstanding principal, interest and late fee balance due and
owing to Lender under the Loan Documents is specifically set forth on Schedule 1 attached hereto
and made a part Hereof. In addition, since the Loan Documents have been referred to an attorney for
collection, the Lender is also entitled to collect all costs, expenses and attorneys' fees which the
Lender incurs during the course of collecting the indebtedness that is owed to Lender under the Loan
Documents. Interest will continue to accrue on the unpaid principal balance that is owed to Lender
under the Loan Documents at the rate of interest set forth therein until all indebtedness owed there
under is paid in full.
By way of this letter,the Lender demands that the Obligors tender immediate payment to the
Lender of all indebtedness that is owed to the Lender under the Loan Documents in immediately
available funds. Said payment should be in the form of a certified check made payable to the Lender,
Manufacturers and Traders Trust Company, and should be tendered to the Lender, Manufacturers
and Traders Trust Company; Attn: Ronald Webber, Legal Liaison, 475 Crosspoint Parkway,
Getzville,New York 14068. If the Lender does not receive immediate payment of all indebtedness
that is owed to Lender under the Loan, in immediately available funds, the Lender, immediately
thereafter;may proceed with enforcement of its various rights,remedies and recourse under the Loan
Documents;applicable law and otherwise,including without limitation commencing actions against
the Obligors and their respective assets.
Nothing contained in this letter, nor any action or inaction on the part of the Lender, shall
GEBHARDT & SMITH LLP
November 25, 2014
Page 3
constitute an election of remedies or an agreement to forbear on the part of the Lender, nor shall
anything contained herein or any action or inaction on the part of the Lender constitute a waiver of
the accelerated status of the Loan, a waiver of any defaults existing under the Loan Documents or a
waiver of any of the Lender's rights,remedies or recourse under the Loan Documents,applicable law
or otherwise. Furthermore,the acceptance of payments by the Lender under or in connection with
the Loan,whether before or after the date of this letter,shall not constitute an election of remedies or
an agreement to forbear on the part of Lender,nor shall the Lender's acceptance of such payments
constitute a waiver of the matured status of the Loan, a waiver of any defaults existing under the
Loan Documents or a waiver of any of the Lender's rights, remedies or recourse under the Loan
Documents,applicable law or otherwise. The Lender,by way of this letter, specifically reserves all
of its rights, remedies and recourse under the Loan Documents, applicable law or otherwise.
Very truly yours,
Shaan S. Chima
cc: Ronald Webber, Legal Liaison
Kirsch's Printing, Inc. (via certified mail; return-receipt requested and first-class mail)
GEBHARDT & SMITH LLP
November 25,2014
Page 4
SCHEDULE 1
Principal Due: $ 280,079.78
Interest Due: $ 14,813.11
(Per Diem: $54.45996)
Late Fees: $ 1,327.13
Total Amount Due: $ 296,220.02
EXHIBIT C
(Page 1 0£ 3)
a1lfif JL GUARANTY AGREEMENT
(Continuing)
THIS GUARANTY AGRELMN'T("Guaranty"),is giwm by)(frach's Printing,inn.,a•Corpondion,of the Commormeault orPcm nyhrsnla('Guarantor")for the
benefit of Anneal Back a Maryland stato-ehartercd commercial bank("Bank')with«sptet to the obligations of Eagcnc G.Kliseh and Joyce L Kirsch '
(")Smrower"'}to!lank.
Dnrroue devra to ebtaia credit aecaanodmion from Bank wheroby Borrower may obtain certain discounts,lata,credits or other eredit fata'lhia from Dank,in .
. addition to any indebtedness which may be presently owed by Borrower to Bask The undersigned have requested Back to make such credit fora ccs available to
Bormww,,acrd in consideration fbr the provid'mga rtinit credit Each"Guarantor givattna following ausraay,acrd fodewufication to and for The benefit Of Bank.
Section 1. ThewGuowq. Guamnta Qu:santirr(a)payment of avy and all want wnv or Jurcafltr due and owing to Dank by Borrower as a reuk of or in
connection with wanryy and ml sming or litao mdmo htuo liability,or obligation of every kind.mtme,0�pe,said vtridY owed by by Bevtouet to Dank,aout of or
related to any,credit accont, tion,lam,letter ofaed'I4 2ummly,account,overdraft,avtmneted dadaghoux migioabvq funds trarafa or other fmmcial hmraice,or
arty oiler Irarnadimt,event or oacomnce.PbWrx direct of indirect,absolute or rnmiagaa,prinnaiyor secondary,Jant air several,unconditional oreonditiotml,known or
tmkmoit,liquidated or unliquidated,eontraetnot or torfiouS isc}udmg an tvtemis,refinancings,extorsions,wb"ulion amendments,sad noidificaims Thereof,no
matter when or how crated,arising,evidenced,or atqu¢ed.and whether of not prencnly contemplated or anticipated and linctuding but rat limited to,all maturts of
principal,itdcrea,pemhier,rcimbursemenlr,advartements,escrows,and feet(b)amt all sums now or hereafter due and owing by Bomrwur to Bunk Ault be paid when
and as dor,whether by reams of installment,maturity.aecelaatim oroRcnwise,time being of ft essewi,and(c)the timely,complde,cawhwour,said stria perfarmenoe
and obtsrvaree by Atmoaiv of toy end an of the terms,cownanfcr agrcemu:nh and conditions cnnlniuhed ea any and all entisling or figure docommis,insunmcate,
ngrcemenb,and wvritirµp of ever}kind,acture,type and asri«y which ewidancc,roftecl,embody,$/11e rise to a seume any end all exrstag end future intdebtednem
Gabrlitia,and obligaliens of any kind of 8onowsr Yo Burk.tt5 used is rota Guaranty,Urc term�6bhgrtimtf st'mII ret'er to the nbligaio n of paymoot perfmmartc,and
indemn fication wvlddh Cuuantorluc undertwken and assoaned pntwma to this Ouatamy,ltdh as dcserihed in this Scotian and in odner Section of this Goo amy.
Smiah 2 Iaalore Of Tkx f:naranty Thb Ouusnty:(a)is(t)imewVeablC(n)also}uv and ummditiw id;(iii)direct,immuSate,sad primary:and(v)one of
psyradl and not/'con a,!lMim;cad(b)makes Ouarnmor a surety to]lank and the rquiyolcad of a co•ohligor what Borrower.
Savors Y. ConfasMn of Jhdgmont Guarantor Irrt vonhly cad unmvdhMmQy auWoriza anal empnmrs any snoracy admitted to practice before any
const of rewnxi fi tbe'Utdttd Sbtta to npprarm 6ehuU edGanrantor In any tour Ins ons or more prvt:ecdh.gs,or before any dark Westar or prothotwtuy or
ntlnmr watt olnriW,ad to appear tor,cortttss and enter jjuudtmcnt aaggaahW Ctmtsmtor at any tlnx,whether before or ager the otdtmam of any default b
hettsmdcr,with or withad tmmrnt ofdefantt,wtW or wSiinom arompLim tiled,and w11hoW prior notice to or opporthh»Ily ofCuarantor for prior bwring,in
faros of Bank let the fntl anwoutn of tko obngatlom whlrh ane due or witkh any became due on tux Guaranty,pplots court aorta,plus attomcys'fres equal to
ntteee pereeaf•((S%)of the amount wfiich Ia duv or arse become daq rtth.4..of a l errors and without right of nppaL Cnarontar wsMa llho beneBl of
any and every amtute.ordbumee,or rule of comet,Matter sow to force or herearter evaded,which may be lawfully wired conferring upon Go trmttor any
right or privilege of atempllon,homestead righta,appra at menu any of eseeutien,or arpplemeptary,proceedinps,or other relief from am enforcement or
iouncdbte vatunrmerd of a Judgment or related proceedings on o Judgment(To the eatrol prohibited by law,arty Juilon.at obdaimd by conkadon shall cot
comNtme o urn on any real property located N proacift ials which U the residence of Guarantor.)The authority and power which Guarantor has&tit for
any attorney admitted to practice,before any court of record in the United Stater,or The clerk of such court,to appear for and eoafen Judgment against
Guarantor shall be a continuous outhortty widrb Ann not be exhausted or edinguldtrd by imp one or man eect dsa or imparfad exercres thereof or by any
one or mon Judgments entered punmrtt thereto std be exercised an one or more ocradonw and at such time sad from time to time and W the acne or
dnlfurntwurtsorlurisdktl wilinkmaycomidernrcararyryoradvhabie GUARANMItHEREBY,AMOWLEDMIltATTIIECOrOT.MOYOF
JUDGMENT PROVISIONS HEREIN CONTAINED WMCB AFFECT *,N*D WAIVE CERTAIN LEGAL RIGHTS OF GUARANTOR HALT.BEEN
READ,UNDERSTOOD AND VOLUN7ARMYAGREED TOBYGUARAi TOR
Session 4.Accuracy Of Repraentntions.Ouorada guannlia Qat each and every rcptescidition and tvammy mads by Bwmvr or by Ganmttta to Dank both
before and ofla the date of this coora my aro and will caatimx to be true,ooaed,accurate,and compkie,and ad Iorowfngly mWadmg,and(inuaMortball indemnify
End hold Bank hrmden from cry lar,cost or expense which Banc may softy sanaisor incur a a raoft afany reproadsuaa or smlcrnna of Borrower at of Gaarantar
being mat eriallyfalse,incerneMmaectrmv,incomplete,orknowinglytilid adag.
Section S.Forxdoame indemlBeattnn.tin the awent tisat icy heal or perxnd property seenrti CiRcttre obiigdiam of Dttrewer to Sack orthe Obligmiao,sad
Bank at any a[fidiate of Bark aequia Qin sum after a delauh by Oarrowaer or Guararaor to full or partial sniti'adien efthe ehligaarms of Harrower W Rink a tine
Obligriiont,Guarmar doll indonw&and hold Bade harmless lean any Iota,amt,or eghaue which Bank may suit as a trsvtt of.(a)selling the real or personal .
propeAy m acquired Sbr]ess Wan the total sums owed wide teapot to t1ro etbOgaliom of Borrower is Baakar tha Olnliggminty as the mote may be.prowirded,twuesarr,tihat
arty such We by Dante is deme in a comhnert9elty rtumtable manta;or(�)any aditm brought against Bank astS
wider mlion 549 or Scdion 544(b)oftba United Stats
Bankruptcy Code.as Amended,on tha gmund twat The cbosidaanfoa ppeetal Fry 3lonk Bu me red or pcson; p�My um nm 9tesmnably aynivid d valn0."wWdn The
caraemplanon,ofsection 549 of Section 544(b)of tho thidod States B Tracy Code as amended,air Ytuir co�dmtim u'hhm the oontempla6oa of any applicable
date Oansluleed mnveyahnec or tnatufe Ise or was otltencitt ihntkgaste. .
Statim 6. Reporting Requirements. Crumnlor Than submit to Bank amoral financial sWm=t%federal,state,and local tax idurnt,and such other financial
inforatkm as Bank may rryuat from trout to time.
genion% Bards Nerd Not Pursue other Alghts Before F•afor ting Guaranty.Bank shall be under no obligation to paate Bardek rights again[Dcurmtr or any
of dx collateral of Borrower:cawing the obligations of Bomwer to flank,or against wry ad=guanmtor or other peon that is now a hertsi er liable open or m
connection with any of the cibliguit a of airy Guuanta or Borramr to Bank or Waif has gamed any hien or atauity,iourmt to or fa The bimfa of Buds to excite any of
the obfiptionoof���yy Ouaramor a Demmer a Aank("Other Obligor")a any collateral army Other Obligor before pmsubgAank4 rights against Ohurantor.
Section 8. Right Of 8athkTo AM R'IW Respect To narrower,Other ObOgan,And Collateral Gnafantor hereby assattc to any and aB tarns and agreements
between Banns and Borrow=Or between Bank and any Oilier Obligor,and an amcndmoms and madif niaiom thereof,wieQw p 1),excting or hereana made and
wtMhcr wW or in whiling. Bulk coy,withora compromisinr,impairing,duninishing,or le wry way releasing Ouuamor from the 061rgaiom and widrotta notifying or,
obtainmgthe prior epprovai of Guwwu*,a any time a frac tmec to time;(a)MW%-c or cicnoe any default by Borrower or any Other Ohl igor,or delay in Or Exercise by
Bank truly or an of 'arighb or mroci in with Tape%to such default:(b)pail witaaimi of time for payment or performsoee by Borrower or any Other Obligor;(c)
release,substitute,archarge,surrender,or add collateral of Borrower or of.V Oriser Obligor.or waive.feleasr,or subordinate.in utak or in pat•any lion or secronty
invest held by Bank on wry real a petmral property wearing payment of Iwfaimmx,is w(mie m in pat,of the thrguQom of Borrower a of say Other Obligor m
Buds:{{d)release Borrower or way Otiur Ob1.'t�or(c)apply payments rtnde by Borrower.or by my Oder Obligor.to wry suan awed by Borrower or any Odna Obligor to
Bank,fit)
ordcror mama,orto eery>A +t•'�sd a account+,m Bank very clew;and(n nvodif)',ebaugq renew,ealea4 uraarnd,fn arlyres(ed Dmlh agrcemem
with Boirou,tr ormy,Other OhHM or Any chant==4 instrmtem•or%witfam entbodyi aateBedirigthesame.
SW W 4.woven By Caarmtor.Ouccutor waive:(a)any end o)t Titmice nwhmsoevrr with raped to"OttaraatyOr with raped to say of the oblip iiaa of
Bmrowtr to Batik includ'i ng,but not limhtcd TO,votim oC()Hanka aeceptance hereof orsaskk intention to act,or Bank's adioq in rcJiam honour(i)the present
existence or future itncuming of any tf Qin obliptimo of Borrower to Sank or any terga or amourts thereat or am chmp thertht:fn)tiny default by Borrower or way .
Other Obdigw.and(it-)the obuimng or«lease of aay guuady or surely agreement,plod$e,aasigrweM,orother searhy fa arty of to bhgaf�ana of]3oatwer ro Banks:
(b)prvoort ag and demand for payment ofany susi due Own Borrower or my Other Oblga'd protest of: e)demand fa perfuimeaa by=.t a my
(hhv Obligor;(6)all defeasts and ditrbuga listed on ttuttythip;and(o)any right or cam to cam a.mmbal- !'m of araets of cmareaaau Sotram or cop GUxr
Obligor.
Saxton to.Uneaforvaintly Orobligntletw Of Borrower.Bu.That Guratu shdi W valid,boding,and Enfwaeble eves iE(a)the ob5gatlons of Barmun to
Bank width are guar nti d bereby aro novo or hereafter bceoaa imaftd or unenforceable for any mann:(b)arty Tom doeumeth evidencing or retaibng to the Obligations
shall for wry realm be invalid or unmformbla In any respect Or(e)Bank shall have Riled to obtain,for my rcatao,my collated,fan position,guaranty,or credit
iuppon now a hereafter mntentplaltd by the pati=
Section 11. No Conditions I'mcedent This Guaranty shall be effective and enforceable immedimely upon Its exmttiam. Gtrmamor advtowL*m tint no
umaidied conditiomFmcrient to the elTmOvenese and enfaetahirily of this Guarany exist as of the day of its exrciation and that the eflectivermsa and ent'onrcabiliiy of
this Ownromy,arc not in any way mnditisned or contingent open any event,oecurrem,or happeaag,or wpm say eadilim eddingorwming into exhumes emu bdbm .
or after the exom iorn ofthis Guaranty. .
Sedion i2 imforonmkm CMKtmng Borrower,Cotlatasl Or Otttr O m Bic shall have rm prawns er Mae duty a obltymi n to discover a to diselom
to Ounnador nay inforuutiom 6nsneinl or olhawis,000rasimg Domowv,*y Other Obligor any collateral raeer'mg The obiptiau of Domowrr a Du*or of my
other Obligor to Sauk Guaudar waives my rigid to dainhh or risen my such day or Lga on the pan of Bank Chmrerar agrees to abiaia ap idorautim wlddr
Guarantor considers either appropriate or relavied to Reis Ouarcmy frim sources other tram Back and no become and rrnwaia at all limn harem and eadinuomly apprised
ofaQhd'attationeanantingl3orrawe,ORnttON'' a ad say collalttaly%kiiismattriiland te)nantotheObligMiamal•(hraenrorunderahisGuaranty.
Scition 17. C mtulative Llsidtly.%tiabitity or Guarantor under dim Guaranty shall be event Live to and not in last at OuaesoKor's liability under arty suer
ducumera or us!%qcaparhy elven thea aeGos mAw hevutidm
Sadion l4.•Obngatlomw UncandWonaL The payment and petfomtmce of Ric Oblignian shorn bb the almoiwe rad uncaa t'towd duty and edttigalion of Gauunlor. '
and ahall be•hndepedam'ai my defense or any ngho of sa-afC remupmem or counterclaim which Guvartor might otherwise have ag�hceHick and Customer Owl pay 1
and perform the ObligaQoas,free ofci,t�y,,,dneAadiam and Without abatement dimitatim or set-off,and math such time as the Obligations haw been Nay paid and
"n ek ousremar:(a)dnll not m9mida d'aeommvesny payments provided for hcrdn:(b)shwa mformand obsem aD of the mycnm*and agoemads eonLomd
m this Ouammy,and(c)Auld am tttromnk air stkmpl to teMhinntc Anis Oumanty for say reason.No deity by Dank in vukirhg tictmand m Ouuamor fm smistbdim ark
Oilignian dean pre'dlec a in ate•way Impair Bank.abitky to odtxce fhb Guaranty.
Section 15, ansa Agandn DeblCr.Gaarerax wanvs any right to wsin aping Hadi my defense(whcWv legal orWuiutdal•dakq countt:rlalm.or right of
set•olrorphoent which Guarantor may now or hereafter have aping Harrower or my ORta Obligor.
Scaimmi hs.l is Authorizing Acceleration Of The Obligatlow.If wry ofthe f alawirg shalt happen or oma.Hardt,witband notice or demand,may accelerate
and call due the Obligations,even if deals lea not accelerated and called dna the srmn owed to Bank by Domowax:(a)a ddatdt by any narrower of Other Oldigor"cat
any ofttmcic"or fuhue oMiptiora of any Bl trawa Cromer Obligor to Dank(6)a Gilare ormty oaorantor to any covmaat or oguanud araiad in This
Guaranty,(c)a default in arty atlrct agrauta4 insWmmt ordatnmtotbetween any=,Botrava or Olhe h(S t>Lor and Bank or airy cvrpomx aOJiiae of Bank,
whether previously.simullsmeoudy,orlertaner entered into.(d)a material adverm thmge in the finnncial candibion of any Guarantor Bummer a Other Obiiytar fxam
that expressed an the fitim"stmoem most recer*vdmtomd to Bank prior to the dam afmis Gua2my,as detamieed. load faiW iy Back k its Oak'disc edox(e
inuibnion of bmlwptcy.imoiveesy.worgavi—or feodatskip prooeediisp by.ora ray Gumuaor,Botrmt=or Other Obligor m my state or federal coon:
d (p
Ra MTOWMe of a receive,araig iin.swtoduy baric or ritmler Official any fcdrntl raider aornate bond tnwy or crcditom'ri�ms law for anypmpemy of ar(y
Darrow er oroIIt=Obligo,(g)f.%Rwc of anyy Guarantor,Burow"mother Obliges tt foraidtto Bank auh oolialual a ad 0"d wQatud u f3adcmay in tow tam
requeq(h)wry trarrattty repraentatiog or sutammt to Barnkby or on bahatfof way GaaraMor,Domtva or 00=01iligaprwing to bate been incorrect fn anymmedai
ttccssppeedd rotten sale a m,;a ted; (t]the acnvnrom of my evom which ice,or would be with etc pmasape af'tha or the gtvag of tndire or bony a defaml!tender any
Jndcbtednias of arty Gnauma.Bonawt'r or Other Obligor to any person,other Wan Ihak; Q)say matcrwal las,thall or substantialcot fully fraumd for rho
Bank m
benefit of Baany of The asses of any Gmw4w.Hm wAtr or Other Oblige,a ata sale.Itase,h atrea air emambnOW of my m eco pmt of to SUM of&V
Cnuranto,Domw afogwobligoroQer#=41theadwyemmoff(/bbuu�dn* ((kY/)Iyyd••T.i mcEntry ofanfmalludgma
uspinstmyyG Jaml6r.Bao
rrowerorothobtiga
TRUE COPY `t�4 t
naloaAt4srtvat R. o..,s.�„l f n" A 6 Itla.Ilive Com
t
(Page 2 of 3)
for Ne payment of money to exams of 55,000;(])Ne Itvy thpcm m adadameal at nay asset%of nay Gwrantm,l3ortowcr a ONa 06Ggor,(ro)the tecotdstian of adY
federal,mate or lout tax lien against any Ottaroda,Harrower or Cuba Obligor, (n)a cpuv of ow•ncrft of dasroWON Mager,consolidation,liquidation or
rear Gon of spry Oturaeda4 D¢aetver.m Other Obligor nisch u a oorperatiaq IP air aNer legal qday,(o)the:dcmh of any ouuamo,Harrower or(Ma
Obl gf m who b,a tunuW paw(p)fLaum of my Ga
aanwr.Haroweror Other gar to fambh toBank suchdmaaaal ir"re"36"at Dank may ceVuim Gan rime b
time;or(q)elm determination in good faith by Hack,in is role dictation,that the ability of any Gua mtw.Burrower or Other Obligor to pay or perform my of their
respatiw obligations to 13w*is impaired fir my reason. '
Section 17, Exprcmes Of Collection And Atwmeys'Fen. Guarantor shati'pay all cuts and eapam incurred by Dank in collectbag sums due ander this
Guaranty,iacludiag tridmW Ihnitutiari the cosb of any lia4 jud®krerd m othm tarts snridnes,appraisaU,trool exp¢mw nerd the like. in edditioo,if this Guaranty is
referred loom anomey for eoflettion,whWw Of not judgment has ban om&ned or sub iters been filed,Guaarda shall pay ail of Bank's costs,fen fwdudin&but Rol
limited to,Banft auomeytr fees,charges and urywses)and all otter expenses rewhing from such refemd(b the edeatetm prohibited by lawj.
Section i8 Interest Rat¢After Mons.lfludpnM Is emend agpuW Guarantor on this Guwwa,the amount of the ju§un es tateicd(which may include
'priimipaL intmmt,charges,fen.rad rostra)Ball bear inland sl the b""a of the defeoh interest rate sM Gmh Ira the dowmaAs�ovemmg the obligations of Omavucr w
Dude,es determined on the stria of4te entry of the judgrtaa4 or dm legal rate ofimae.9 then appticsbk wjudgtnans in the jaudaa'aon in wlueh judggrtmtsd was nacres.
Section 19. EnL,ramttu Dnrlag 8ardwptrey. �P`
emadhah sin and•waydekycd as a result ofthe fifirag of a petition uriternitedCodauBorrok!bank Ixaquban art orofOe(3ni¢d Stara 17aet1e+ulRh'Cows w ix''n
tkny l_`7
yCode,n, ed try magninsl Borrower,Ouarnuor herebywch ifandliteorail eviand clfrctuate arch eonsatto emWe Bank to obtain themuWtfremedies spall De tvmulaTirt and my
fs.to a of Bank to exereite arty tight hesehmder shall not lK
construed at a waiver of due riglht m exercise rhe same or airy ether rigJtt at ashy time,cad from rime to tient,dhauhIIer.
Sectio 21. D4char�t Uf Oonsnntry'. this .Y;7,
nramy slaatl nm be drtclaarged rad Cmnrmtm shad swi De:seats from Lability tart{cult Obligations have been
smisfiad in Cull mad due aatttfattion of dna Ob1i&altars is �act w uisnrnf,e or contest,rad at commitments
of Dank(dray)have been endpnguished in accordance
mih the toms U all or nay pwnian of the-0blrgatiom arc ratidied nd Dank u requ red Corarhy reason m P►Y m�Y Prsson tD¢awrn tsar to atisfy the Obfigaliom tam
Ohl igarioasshall remain in enba and caametbfe to the curlers Naeof.
Seaton 22. ContlautF Guaranty. This Guaranty is a Commng guarordy of al exi tg and futuro abligatroar of BmwAw to Dank and may not at any time be
eamin trod by Guaranmr.71us Guaranty may W terminated only in writing by Bank and upon such temu mad conditions u Bsnk may impom
Section 23.Rights O(Subrugatimh.Pse.In the evcd Oma alorpays any sumlo or loathe beaefd of Bank punwnt to this Guaranty.Otumnta"have rmright
of coanbution,Indemnification,b mCnetion,ramburscme>R,stdaogasim or other right or'roatedy aga'unt or with respect to Barowa,any Other Obligor,or aaY
collncraL Whether real.pasonal,or mix;A searing the eibludims of Borrower to Bmdk or the obligations of my Ocher Obligor and hereby waives and rebases all and
day each rights winch it may now orbaeattu have.
Section 24. SubordisWUon Of Certain inlet talo ,if Guarantor bas advoaxd or haofter edvm=any sums to Borrower of its tucc"m or assign of if
Borrower or its succcums or assign is now or shall hemllet become irakMcdto 0uarenmr,such sums and indtWemuas sDmll be sutxmdinato in all respects to the amotuns
now and hereafter due and owing to Bank by Bo rawer.
Section 25.Setoff.Bonk shall have she right to seldfard sapappimt dm Oblig aims any sums of my Guarantor at any time an deposit with Bank whether such
deposits aro general or special,store,savings,Panbook or demand,provisional or foal,and Guarantor hereby pledges and grants to Doak a security Interest in aH stun
deposits ad depmatdamums.
iraaia(cx
Section 2G Choice Of Imw. 711¢laws of the Commomrcaifh of rmns� dud'm&imw,aa.conflict of)env priacipies)s1aaU gotta and ba apyli¢d w
determine all iscueo rebating to this GumamY add the rights and obligations of elmes had?,tocladoxgthe vatiSdy,comtrualnon,i terpadmi m,and enforceability of
this Guaranty and its variout provisions and the dam and legal elfed of a.transactions and events Which resulted is the instate of this Guaaruy or which
around or wore to occur at a direct or indirect roma of ads Guaranty having beat excancd
Section 27. Consult To Jurlsdirllmy Agrtemmran
t As To Vame. Guarantor irrevocably contents to the non-cxeltmas jutitdithon d tbt.courbo of the
Ckmmomoaih of Pennsycvanln and of the United Stales D•atria Court for the Middle District ofPcnanYlvatill, Guarantor dorm that veru shall he proper in may
met of the Commmmreaia of Pennsytvmk a da sdccW by BatdIn the United States Dinrid Court for middle District of Pennsylvania and waives any sigh.to
' object to the maintenance of a wit in any of Ne state or federal courts of rho Co+mnmiweaith of Pennsylvania on the brats of improper venae or of inconvenience of
fbmm
Section 29.Actions A�afnxf Bank.Airy ectim bra Odby Gummam bank whish is based,d'tedly or indnodly,on"Gue1eraY or any mwttm in or rotated
w this Guararay,haduding 5ut sur Gmitod to de oWiguims of[Iomowu to Hardt,or the adniniricaGoa,collection,or atlordanent fhae4 shall be brought only in the
courts of the Commomwolrb of Pmusylvaaia Ouaramw dall awl fit a eoamtrrlamt against Doak ht s mit bf&gld by Bank agahst Guarantor in i state olh rthan the
Commonwealth of petmsylvanla unless under the rules of powdure of slur court in which Bank brow&the action tiro counterclaim Is mandatary.and art maely
permissive,and win be considered waived unless tiled n e wumeeclaim in aro action mslitard b7 Dank Guarantcrsgces Uwl ray forum other dura the Commeawed
of Paunsilvarda is an invodvaaltat forum and Nat a ark brought by Ouarantar against Dank an a court of may two other than the Commonwealth of remnyivarda
shuuld be forthwith dismicsod ar trscdmred to a exwn located in the Commonwealth of Pemnvlvaala by that court.
Section 2p. lnvandlty Of Arty pmt if am•provision or pat or any pfovisim of this Guazamy dell for any reason be hold Invalid,illegal,or anenformble in am• .
mpeck such invAidiry.illegality,or unenfonrabila'ry shill not effect any other provisions or the remaining pen of any ellec6ae provisions or Ods•Guaramy.mut tlu'c
Guaramy shall be coRSWed as Taudh invalid,illegal,or unadaceabie provision of part thandfhad arc+w been contained herds,but only to the extort of is imalift.
illegality,or anad'orccabiiy.
Section 30. Ammodmcitt Or Wdree. No eandse,custom or coarse of dealing shall be en6ctivc to mivt.umad tartly or release this Oturmay or any of the
terms rad tmu6dom heneoL This(hu my maybe amended only by a writing duty excrnted by Guarantee,and Dank.No waives by Bmik of wW of die provitiom of that
Gumamym any of the nip o or nuRedies of ilaak with resp of hereto atoll be tiRdnt or cdxenble unlet in writiog.
Se4wd 31. ltlndt!1'Vtare. This Guwwq shall inure to the benefit of and be enforacabk by thank and flanks.successors mad cosigns and any other person to
whom Bork may grant in Interco in the obligalnam of Burrower to Bunk,and shall be binding upon and eafmccubte appew Guarantor and G¢mardoes persona .
represenialives,successors std assigns.
Section 32. Jdhd And Several Nature. N etre crow&than exists more than am Guarantor.all liabilities hereunder shall be joint and several,rot"Tdy of
fmarizor can be joint and seven)with the family of aw Other Obligor rot a panyw dds Gumamy. .
Section 33.Assigrnbidlr.Tlds Guaranty or an interest therein maybe assigned by Bank,or.by aro•ether holder.at any tine or from time to time.Guarantor shin
not have ft light to assign its rights hereunder orm y interests herein without the prig%nidrn cement of Horde
Stdian 34. Modem. Any notice w demand required or pemdl ed by win connection with ibis Guarmdy,without iagdyiag the obligation to provideairy noti¢c or
demand%hallbeinwriting slugaddress tetforthbloworwmxhogle add=umaybebacaftaspecified bywcntmnotice wBank byBorrower.Aro•weltnoticeor
damaad dull be clamed to be eBbctiva as of the date of hand ddixry err facsimile trmumim¢a one(1)dry atter dispatch if sLM by telegram,rr%Qgrsm,overnight
delivery,express mail or federal express,or duce(l)days after mm'laaa 6'sma 61
fust dans tail with pvstaga FgxId. rew the y Guarantor of the
Section 33.Fliud Agradocah Thus Guaranty eama'ns the Ili rod entire agrcetera Derwent and(lusura r with
Obligation.ThaearemseypaMeargileruridenuederahrtdwg9bavmxaDrnkandGuarant��wiNmpectNerao. .
Section 36.Tenser adder,Defined Term,Oaptlam.As used hereux,the phmal shall feta to and include the singular.and she singular,the trims,and the use of f
any gala shall Inetu*mdrderte,any other gander.Brame alma and persanbn executed this Gtmramy,the tent"Gaara doe'shatl arm an such persons cofteahxly or
artrormmawroofsuchpcamwirdividuallymudioctinly.asamcannaybeand"thecomaam�Ysegtaae.All captlmsad far the purpose ofconveolaaeonty.
Section 37.Scat And PJfedive elate.This Oaararxy is an instrument exacrtod under sal ad iselfcetivt aid mfomtdaie+u oftfrc smear forth below.lndeiaaadad
Oremacivad execution
Seamon B QU +a Ere In the cvaa Bmdk ho barn gacW a fan err snwity bnerc t as cogMvW fbrthe Oblig Ins by a party other than Oumanor
ff
olvideming such lire or seavrity imagist may modify eacimng Wer add mod'Jy,vvoive or
Ry rigtas on GuaraRtw or hnposn einq dura on Burk with«tied ro Gvmsnlor,Guarndm agces that mai�ig}tts aid stater bane Mea modified,vmhiwrod or
explahmd w the acme arla.r and in the sane manna,that the PwY pmtiad'm!ata OtherCollataal has ageed to mod'ily,sumo.or explain tit cortcsyondmg ripJnt andror
nay corrospmtding dvtiaowsd to d fay Derek
YLetarA.Yaprtaa UCC [ion-Authoritative Copy
TRUE COPY
r
,
(8age 3 of 3) t
SCction 34. Waiver Of't*e.1 ny jury.Guarantor and IIank,by their executlon And o'cel"ance,ropxdvcly,of ttda Cu"outy,race 3hxt any ado
orvAth
adlon.or procerAfne,whrEhecdaim or eorntterel"6mu8ba or institated lyC t to anlrBrwdtar��Y�ttworeaimrsaor onccarsener 0risine ou ofor in any
srspcct
to Etds Guaranty or width ku ringway rrLtica,dircrlfp or 1rullreclY, y r!nY.
var eaanedcd With this Eaaranty,or the destines of the parties with reseed thereto,shalt be tried only by a judge And not by a jury,GUAIIAh"TOA AND
B�\K ItF.RfJtY L'\YRESSLY WAD'E'S ANY RICH TO A TXL%L IIY 3URY INtu'iY SUCH SUIT,ACTION,08 PROCEE!?INC.Guarantor
and flank scknawfcdees and agrees that(ids section ii a spMfic mid iWerial Aspect or this cvatvatp and that Bankwodd not accept this Guaranty as a Lasts
forties extoutan of credit to Burrower without this waiver oflarytrlat.
Each Ouaravlor ad'.n0wledgcs that the prim%siy}ting Iia Guaranty ne all of thepetama who oro'vttended to have sipte4 and thea no other siptrrs are relied upon M the i
tmdetsi�ed.
WITNES3ourhandsand1r1dsas0f4te�4I. 11 day of ��•-��-�• .Z4c
WITNESS OR ATTEST':
';iota:Aurslmion afaect�+arau officers cpactylosign by aaoth¢ OUARANfOE: -
corporatsofrcwisrVq acd in all curpotalciransadiortL
l} ICuscft's Printing.Inc.
(Signal»re) (Authorized SW-)
ty Eugene G.Kirsck President
(P�intNmne) (PEintKame and Tille)
73v )� .+Yca u t,— ,�[.• (SEAL)
(Siguawc) (Aulh�per)
t LQ� 7nsx L Kinch Secrettuy/Tyctumer -
(Print Natee) (PtM uoc and Title)
Addrew IS1SKAthr3nStmCl
NcsvCtitmberland,Pennsylvmtfa176'iQ
Telophavcl.tab=
Federsi'rsx lD xo:
. � O�-Au'� or� i SPY
TRUECOPY
1.1 i. 'rel `J l.'p j `'L�.r 1. f •9
FEZ
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISION ` 0 1 3
Case No.: 1q —
V. *
v.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
*
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * * *
NON-MILITARY SERVICE AFFIDAVIT
1
I,Patricia J.Kanick,declare under the penalties of perjury,that the following statements are
true, accurate and correct to the best of my knowledge, information and belief:
1. I am an Assistant Vice President of the Plaintiff, Manufacturers and Traders Trust
Company, successor-in-interest to Wilmington Trust Company.
2. The Defendants in the above-captioned action: (a)are not in the military service of the
United States of America; (b) are not in the military service of any nation allied with the United
States of America;(c)have not been ordered to report for induction under the Selective Training and
Service Action of 1940,as amended;and(d)are not members of the enlisted reserve corps who have
been ordered to report for military service. I base the foregoing upon the fact that: (i) Eugene G.
Kirsch is deceased and did not reside on or about a military installation and was engaged in a non-
military occupation, and a search on the Department of Defense Manpower Data Center website
pursuant to the Service Members Civil Relief Act was conducted, and Mr. Kirsch is not listed as
currently being active in the military,(ii)Joyce L.Kirsch is deceased and did not reside on or about a
military installation and was engaged in a non-military occupation, and a search on the Department
of Defense Manpower Data Center website pursuant to the Service Members Civil Relief Act was
conducted, and Ms. Kirsch is not listed as currently being active in the military, and (iii) Kirsch's
Printing, Inc. is a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania.
3. The last known addresses of the Defendants are:
Eugene G. Kirsch
c/o Estate of Eugene G. Kirsch
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
Joyce L. Kirsch
2
c/o Estate of Joyce L. Kirsch
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
Kirsch's Printing, Inc.
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
MANUFACTURERS AND TRADERS TRUST
COMPANY
By: ` � �/.
Name:�Pa icia J. anick
Title: Assistant Vice President
ACKNOWLEDGEMENT
STATE OF 1J�U1) `I01'tL )
TO WIT:
CITY/COUNTY OF &Y le..- )
I HEREBY CERTIFY,that on this IS,V day of December,2014,before me,the subscriber,a
Notary Public of the jurisdiction aforesaid,personally appeared PATRICIA J.KANICK,(known to
me or satisfactorily proven to be the person whose name is subscribed above),who acknowledged
herself to be an Assistant Vice President of Manufacturers and Traders Trust Company who declared
and acknowledged under oath,subject to the penalties of perjury,that the matters and facts set forth
herein are true, accurate and complete to the best of her knowledge, information and belief.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
11 IkAJ SEAL)
Notary Public
My Commission Expires:
Shannon M Smith
Notary Pubik,State of Now Yo*
Qual fled In Erie County
_Reg No.OISM62BUI5
My Commission Exp.Juni,03.20
3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA ?` ;,; °.17
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISION
Case No.: ' 7�
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
NOTICE UNDER RULE 2958.2
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
To: Eugene G. Kirsch
A judgment in the amount of$338,613.21, plus interest after December 1, 2014, has been
entered against you and in favor of the Plaintiff, Manufacturers and Traders Trust Company,
successor-in-interest to Allfirst Bank, without any prior notice or hearing based on a confession of
judgment contained in a written agreement or other paper allegedly signed by you. The Court has
issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned
by you to pay the judgment. The sheriff's sale has been scheduled for March 4,2015 at 10:00 a.m.at
the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County,
Pennsylvania 17013.
You may have legal rights to defeat the judgment or to prevent your money or to prevent or
delay the sheriff's sale.
I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO
THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS.
11. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY
(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, 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:
2
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166 or 1-800-990-9108
Shaan S. Chima, Esquire
P.A. Bar No. 312429
GEBHARDT& SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202-3281
(410) 752-5830
Counsel for Manufacturers and Traders
Trust Company
3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo, New York 14203
Plaintiff, * CIVIL DIVISION
Case No.:
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * * *
NOTICE UNDER RULE 2958.2
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
To: Joyce L. Kirsch
A judgment in the amount of$338,613.21, plus interest after December 1, 2014, has been
entered against you and in favor of the Plaintiff, Manufacturers and Traders Trust Company,
successor-in-interest to Allfirst Bank, without any prior notice or hearing based on a confession of
judgment contained in a written agreement or other paper allegedly signed by you. The Court has
issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned
by you to pay the judgment. The sheriff's sale has been scheduled for March 4,2015 at 10:00 a.m.at
the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County,
Pennsylvania 17013.
You may have legal rights to defeat the judgment or to prevent your money or to prevent or
delay the sheriff's sale.
I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO
THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS.
II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY
(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, 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:
2
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166 or 1-800-990-9108
Shaan S. Chima, Esquire
P.A. Bar No. 312429
GEBHARDT& SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202-3281
(410) 752-5830
Counsel for Manufacturers and Traders
Trust Company
3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS * t
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo, New York 14203
Plaintiff, * CIVIL DIVISION
Case No.: t 761 S
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * * *
NOTICE UNDER RULE 2958.2
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
To: Kirsch's Printing, Inc.
A judgment in the amount of$338,613.21, plus interest after December 1, 2014, has been
entered against you and in favor of the Plaintiff, Manufacturers and Traders Trust Company,
successor-in-interest to Allfirst Bank, without any prior notice or hearing based on a confession of
judgment contained in a written agreement or other paper allegedly signed by you. The Court has
issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned
by you to pay the judgment. The sheriff's sale has been scheduled for March 4,2015 at 10:00 a.m.at
the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County,
Pennsylvania 17013.
You may have legal rights to defeat the judgment or to prevent your money or to prevent or
delay the sheriff s sale.
I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO
THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS.
II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY
(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, 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:
2
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166 or 1-800-990-9108
Shaan S. Chima, Esquire
P.A. Bar No. 312429
GEBHARDT& SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202-3281
(410) 385-5109
Counsel for Manufacturers and Traders
Trust Company
3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISI
Case No.:
do
V.
*
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
* SHERIFF'S SALE OF REAL PROPERTY
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * *
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
4o C'r,-e>F 1
SO U--,
r � -
TO THE PROTHONOTARY:
Please Issue a Writ of Execution upon a Judgment entered by Confession in the above-
captioned matter:
(1) directed to the Sheriff of Cumberland County;
(2) against Eugene G. Kirsch and Joyce L. Kirsch, Defendants, formerly residing at
1517 Kathryn Street,New Cumberland, Pennsylvania 17070; and
(3) enter this writ in the judgment index against Eugene G. Kirsch and Joyce L.
Kirsch, Defendants, and against the following real property:
The Real Property owned by Eugene G. Kirsch and Joyce L. Kirsch and generally
known as 1515 Kathryn Street,New Cumberland, Cumberland County,
Pennsylvania 17070, being identified as Tax Parcel Number 26-23-0541-129, and
as is more particularly described on Exhibit A attached hereto and incorporated
herein by reference.
(4) Amounts owed under the Judgment by Eugene G. Kirsch and Joyce L. Krisch,
Defendants:
TOTAL AMOUNTS DUE (as of December 1, 2014)—
Principal: $280,079.78
Interest: $15,194.33
Late Fees: $1,327.13
Attorneys' Fees $42,011.97
Total Due under Judgment
as of December 1, 2014: X338,613.21
2
CERTIFICATION
I hereby certify that:
(a) This praecipe is based upon a judgment entered by confession; and
(b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real
property pursuant to Rule 2958.2.
Shaan S. Chima, Esquire
P.A. Bar No. 312429
GEBHARDT & SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202
(410) 385-5109
Counsel for Manufacturers and Traders
Trust Company
3
EXHIBIT A
All those tracts and parcels of land situate, lying and being in the Borough of New Cumberland,
Cumberland County, Pennsylvania, with all improvements thereon, and more particularly described as
follows:
TRACT 1
BEGINNING at a stake on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
24 and 25 on the hereinafter mentioned Plan of Lots, said point being two hundred ten (210) feet
measured northwardly from 15th Street; thence along the northeasterly line of Kathryn Street, North 45
degrees 05 minutes West, a distance of sixty-eight (68) feet to a stake on the southeasterly line of 15 'h
Street(not opened); thence along the southeasterly line of 15 '/z Street(not opened),North 49 degrees 33
minutes East, a distance of one hundred seven and two tenths (107.2) feet to a stake at lands now or
formerly of the Northern Central Railway Company; thence by said railway lands, South 37 degrees 49
minutes East, a distance of fifty-nine and eight tenths (59.8) feet to a stake at the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 44
degrees 55 minutes West, a distance of ninety-nine and four tenths (99.4) feet to a stake on the
northeasterly line of Kathryn Street at the point or place of BEGINNING.
BEING the same as surveyed by D. P. Raffensperger,R.S., on July 12, 1966.
BEING the major portion of Lots Nos. 25 and 26 on the Plan of Elkwood as recorded in the Cumberland
County Recorder's Office in Plan Book 2,Page 74.
TRACT 2
BEGINNING at a point on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
22 and 23 on the hereinafter mentioned Plan of Lots; thence along the northeasterly line of Kathryn
Street, North 45 degrees 05 minutes West, a distance of seventy (70) feet to the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots, at corner of lands of the Grantors herein;
thence along said dividing line, being lands of the Grantors herein, North 44 degrees 55 minutes East, a
distance of ninety-nine and four tenths (99.4) feet to a point at lands now or formerly of the Northern
Central Railway Company; thence South 37 degrees 49 minutes East, a distance of seventy and fifty-
seven hundredths (70.57) feet to the dividing line between Lots Nos. 22 and 23 on the hereinafter
mentioned Plan of Lots; thence along said dividing line, South 44 degrees 55 minutes West, a distance of
ninety and forty-seven hundredths (90.47) feet to the northeasterly line of Kathryn Street at the point or
place of BEGINNING.
BEING Lots Nos. 23 and 24 on the Plan of Elkwood as recorded in the Cumberland County Recorder's
Office in Plan Book 2, Page 74. Being the same as surveyed by D. P. Raffensperger, R.S., on July 26,
1968.
BEING the same premises which Walter K. Chiles, et ux., by Deeds dated July 20, 1966 and July 7, 1969
and recorded in the Cumberland County Recorder's Office in Deed Book"A",Volume 22,Page 1072 and
Deed Book "H", Volume 23, Page 230, respectively, granted and conveyed unto Eugene G. Kirsch and
Joyce L. Kirsch, his wife.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
November 28, 1988 and recorded in the Cumberland County Recorder's Office in Book R33, Page 711,
granted and conveyed unto Eugene G. Kirsch and Joyce L. Kirsch,his wife.
TRACT 3
BEGINNING at a point at the southwestern corner of Lot No. 23 and the northerly right-of-way of
Kathryn Street thence, from said point of beginning, the following four courses and distances: along the
northerly right-of-way of said Kathryn Street North 44 degrees 03 minutes 00 seconds West a distance of
20.59 feet to a point at the southeast corner of Lot No. 6;thence along the eastern line of Lot No. 6 North
49 degrees 33 minutes 00 seconds West a distance of 124.89 feet to a point on the south side of a 10 foot
wide abandoned alley; thence along said alley South 38 degrees 00 minutes 24 seconds East a distance of
20.57 feet to a point on the western line of Lot No. 23 thence along the western line of Lot No. 23; South
49 degrees 33 minutes.
Said tract containing 2,544.73 square feet, or 0.058 acres.
BEING identified on the drawing prepared by John K. Murphy, P.E., P.L.S. of Alpha Consulting
Engineers, Inc. and attached to the Deed referenced below as Exhibit"A" and made a part hereof.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
September 29, 1998 and recorded in the Cumberland County Recorder's Office in Book 186, Page 175,
granted and conveyed unto Eugene G. Kirsch and Joyce L. Kirsch,his wife.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISION/` 7 I tin
Case No.: C
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
* SHERIFF'S SALE OF REAL PROPERTY
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * * *
AFFIDAVIT PURSUANT TO RULE 3129.1
Manufacturers and Traders Trust Company,successor-in-interest to Allfirst Bank,Plaintiff in
the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the
following information concerning the real property generally known as 1515 Kathryn Street,New
Cumberland, Cumberland County,Pennsylvania 17070,being identified as Tax Parcel Number 26-
23-0541-129. The real property is more particularly described in Exhibit"A" attached hereto.
1. Names and addresses of owner(s) or reputed owner(s):
Eugene G. Kirsch
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
Joyce L. Kirsch
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
2. Names and addresses of the Defendants in the judgment:
Eugene G. Kirsch
c/o Estate of Eugene G. Kirsch
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
Joyce L. Kirsch
c/o Estate of Joyce L. Kirsch
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
Kirsch's Printing, Inc.
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
N/A
4. Name and address of the last recorded holder of every mortgage of record:
Manufacturers and Traders Trust Company, successor-in-interest to
Allfirst Bank
One M&T Plaza
Buffalo,New York 14203
5. Name and address of every other person who has any record lien on the property:
N/A
6. Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale:
Kevinlee Kirsch
Executor/Representative of Estate of Eugene G. Kirsch
1514 Kathryn Street
New Cumberland, Pennsylvania 17070
7. Name and address of every other person of whom the Plaintiff has knowledge that has
any interest in the property which may be affected by the sale:
Cumberland County Treasurer Office
John C. Gross, Treasurer
1 Courthouse Square
First Floor, Room 103
Carlisle, Pennsylvania 17013
Cumberland County Tax Claims Bureau
Melissa F. Mixell, Director
1 Courthouse Square
Old Courthouse, Room 106
Carlisle, Pennsylvania 17013
Cumberland County Property Assessment
Old Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013
Attn: Bonnie Mahoney, Chief Assessor
Robin Gasperetti
Tax Collector, Borough of New Cumberland
1113 Bridge Street
New Cumberland, Pennsylvania 17070
VERIFICATION
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties in 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: December 1, 2014
Manufacturers and Traders Trust Company
By: 44
Name: P cia J. Kanick
Title: Assistant Vice President
EXHIBIT "A"
Property description
EXHIBIT A
All those tracts and parcels of land situate, lying and being in the Borough of New Cumberland,
Cumberland County, Pennsylvania, with all improvements thereon, and more particularly described as
follows:
TRACT 1
BEGINNING at a stake on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
24 and 25 on the hereinafter mentioned Plan of Lots, said point being two hundred ten (210) feet
measured northwardly from 15th Street; thence along the northeasterly line of Kathryn Street, North 45
degrees 05 minutes West, a distance of sixty-eight (68) feet to a stake on the southeasterly line of 15 '/z
Street(not opened); thence along the southeasterly line of 15 %2 Street (not opened),North 49 degrees 33
minutes East, a distance of one hundred seven and two tenths (107.2) feet to a stake at lands now or
formerly of the Northern Central Railway Company; thence by said railway lands, South 37 degrees 49
minutes East, a distance of fifty-nine and eight tenths (59.8) feet to a stake at the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 44
degrees 55 minutes West, a distance of ninety-nine and four tenths (99.4) feet to a stake on the
northeasterly line of Kathryn Street at the point or place of BEGINNING.
BEING the same as surveyed by D. P. Raffensperger,R.S., on July 12, 1966.
BEING the major portion of Lots Nos. 25 and 26 on the Plan of Elkwood as recorded in the Cumberland
County Recorder's Office in Plan Book 2,Page 74.
TRACT 2
BEGINNING at a point on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
22 and 23 on the hereinafter mentioned Plan of Lots; thence along the northeasterly line of Kathryn
Street, North 45 degrees 05 minutes West, a distance of seventy (70) feet to the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots, at corner of lands of the Grantors herein;
thence along said dividing line, being lands of the Grantors herein, North 44 degrees 55 minutes East, a
distance of ninety-nine and four tenths (99.4) feet to a point at,lands now or formerly of the Northern
Central Railway Company; thence South 37 degrees 49 minutes East, a distance of seventy and fifty-
seven hundredths (70.57) feet to the dividing line between Lots Nos. 22 and 23 on the hereinafter
mentioned Plan of Lots; thence along said dividing line, South 44 degrees 55 minutes West, a distance of
ninety and forty-seven hundredths (90.47) feet to the northeasterly line of Kathryn Street at the point or
place of BEGINNING.
BEING Lots Nos. 23 and 24 on the Plan of Elkwood as recorded in the Cumberland County Recorder's
Office in Plan Book 2, Page 74. Being the same as surveyed by D. P. Raffensperger, R.S., on July 26,
1968.
BEING the same premises which Walter K. Chiles, et ux., by Deeds dated July 20, 1966 and July 7, 1969
and recorded in the Cumberland County Recorder's Office in Deed Book"A",Volume 22,Page 1072 and
Deed Book "H", Volume 23, Page 230, respectively, granted and conveyed unto Eugene G. Kirsch and
Joyce L. Kirsch, his wife.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
November 28, 1988 and recorded in the Cumberland County Recorder's Office in Book R33, Page 711,
granted and conveyed unto Eugene G. Kirsch and Joyce L. Kirsch,his wife.
TRACT 3
BEGINNING at a point at the southwestern corner of Lot No. 23 and the northerly right-of-way of
Kathryn Street thence, from said point of beginning, the following four courses and distances: along the
northerly right-of-way of said Kathryn Street North 44 degrees 03 minutes 00 seconds West a distance of
20.59 feet to a point at the southeast corner of Lot No. 6; thence along the eastern line of Lot No. 6 North
49 degrees 33 minutes 00 seconds West a distance of 124.89 feet to a point on the south side of a 10 foot
wide abandoned alley; thence along said alley South 38 degrees 00 minutes 24 seconds East a distance of
20.57 feet to a point on the western line of Lot No. 23 thence along the western line of Lot No. 23; South
49 degrees 33 minutes.
Said tract containing 2,544.73 square feet, or 0.058 acres.
BEING identified on the drawing prepared by John K. Murphy, P.E., P.L.S. of Alpha Consulting
Engineers, Inc. and attached to the Deed referenced below as Exhibit"A"and made a part hereof.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
September 29, 1998 and recorded in the Cumberland County Recorder's Office in Book 186, Page 175,
granted and conveyed unto Eugene G. Kirsch and Joyce L. Kirsch,his wife.
-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISION,
N,, /��S G��
Case No.: 7 `' 7U
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * *
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
To: Eugene G. Kirsch
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held on March 4, 2015, at the
Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Cumberland County,Pennsylvania
17013 at 10:00 a.m., prevailing local time.
The Real Property to be sold is delineated in detail in a legal description mainly consisting of
a statement of the measured boundaries of the property. A more particular description of the Real
Property is attached hereto as Exhibit"A" and incorporated by reference herein.
The location of your Real Property being sold is:
1515 Kathryn Street, New Cumberland, Cumberland County, Pennsylvania 17070, being
identified as Tax Parcel Number 26-23-0541-129.
The judgment under or pursuant to which your Real Property is being sold is docketed to:
Manufacturers and Traders Trust Company
The name of the reputed owners of this Real Property is:
Eugene G. Kirsch and Joyce L. Kirsch
Judgment: $3389 613.21, plus interest after December 1, 2014
Take notice that a Schedule of Distribution will be filed within thirty(30)days from the date
of sale and distribution will be made in accordance with the Schedule of Distribution unless
exceptions are filed thereto within ten (10) days thereafter. No further notice of the filing of the
Schedule of Distribution will be given.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause your property
to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your
2
property from being taken. A lawyer can advise you more specifically of these rights. If you wish to
exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE(S) SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166 or 1-800-990-9108
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County to
open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or procedure used against
you.
2. After the Sheriff's Sale,you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County
at one of the Court's regularly scheduled business court sessions. The petition must
be served on the attorney for the Creditor at least two (2) business days before
presentation to the Court and a proposed Order or Rule must be attached to the
3
petition. If a specific return date is desired, such date must be obtained from the
Court Administrator's Office,Cumberland County Courthouse, l Courthouse Square,
Suite 301, Carlisle, Pennsylvania 17013, before presentation to the Court.
Shaan S. Chima, Esquire
P.A. Bar No. 312429
GEBHARDT& SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202-3281
(410) 385-5109
Counsel for Manufacturers and Traders
Trust Company
4
r
EXHIBIT "A"
Property description attached.
5
EXHIBIT A
All those tracts and parcels of land situate, lying and being in the Borough of New Cumberland,
Cumberland County, Pennsylvania, with all improvements thereon, and more particularly described as
follows:
TRACT 1
BEGINNING at a stake on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
24 and 25 on the hereinafter mentioned Plan of Lots, said point being two hundred ten (210) feet
measured northwardly from 15th Street; thence along the northeasterly line of Kathryn Street, North 45
degrees 05 minutes West, a distance of sixty-eight (68) feet to a stake on the southeasterly line of 15
Street(not opened); thence along the southeasterly line of 15 '/i Street (not opened), North 49 degrees 33
minutes East, a distance of one hundred seven and two tenths (107.2) feet to a stake at lands now or
formerly of the Northern Central Railway Company; thence by said railway lands, South 37 degrees 49
minutes East, a distance of fifty-nine and eight tenths (59.8) feet to a stake at the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 44
degrees 55 minutes West, a distance of ninety-nine and four tenths (99.4) feet to a stake on the
northeasterly line of Kathryn Street at the point or place of BEGINNING.
BEING the same as surveyed by D. P. Raffensperger,R.S., on July 12, 1966.
BEING the major portion of Lots Nos. 25 and 26 on the Plan of Elkwood as recorded in the Cumberland
County Recorder's Office in Plan Book 2, Page 74.
TRACT 2
BEGINNING at a point on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
22 and 23 on the hereinafter mentioned Plan of Lots; thence along the northeasterly line of Kathryn
Street, North 45 degrees 05 minutes West, a distance of seventy (70) feet to the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots, at corner of lands of the Grantors herein;
thence along said dividing line, being lands of the Grantors herein, North 44 degrees 55 minutes East, a
distance of ninety-nine and four tenths (99.4) feet to a point at lands now or formerly of the Northern
Central Railway Company; thence South 37 degrees 49 minutes East, a distance of seventy and fifty-
seven hundredths (70.57) feet to the dividing line between Lots Nos. 22 and 23 on the hereinafter
mentioned Plan of Lots; thence along said dividing line, South 44 degrees 55 minutes West, a distance of
ninety and forty-seven hundredths (90.47) feet to the northeasterly line of Kathryn Street at the point or
place of BEGINNING.
BEING Lots Nos. 23 and 24 on the Plan of Elkwood as recorded in the Cumberland County Recorder's
Office in Plan Book 2, Page 74. Being the same as surveyed by D. P. Raffensperger, R.S., on July 26,
1968.
BEING the same premises which Walter K. Chiles, et ux., by Deeds dated July 20, 1966 and July 7, 1969
and recorded in the Cumberland County Recorder's Office in Deed Book"A",Volume 22,Page 1072 and
Deed Book "H", Volume 23, Page 230, respectively, granted and conveyed unto Eugene G. Kirsch and
Joyce L. Kirsch, his wife.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
November 28, 1988 and recorded in the Cumberland County Recorder's Office in Book R33, Page 711,
granted and conveyed unto Eugene G. Kirsch and Joyce L.Kirsch,his wife.
TRACT 3
BEGINNING at a point at the southwestern corner of Lot No. 23 and the northerly right-of-way of
Kathryn Street thence, from said point of beginning, the following four courses and distances: along the
northerly right-of-way of said Kathryn Street North 44 degrees 03 minutes 00 seconds West a distance of
20.59 feet to a point at the southeast corner of Lot No. 6; thence along the eastern line of Lot No. 6 North
49 degrees 33 minutes 00 seconds West a distance of 124.89 feet to a point on the south side of a 10 foot
wide abandoned alley; thence along said alley South 38 degrees 00 minutes 24 seconds East a distance of
20.57 feet to a point on the western line of Lot No. 23 thence along the western line of Lot No. 23; South
49 degrees 33 minutes.
Said tract containing 2,544.73 square feet, or 0.058 acres.
BEING identified on the drawing prepared by John K. Murphy, P.E., P.L.S. of Alpha Consulting
Engineers, Inc. and attached to the Deed referenced below as Exhibit"A"and made a part hereof.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
September 29, 1998 and recorded in the Cumberland County Recorder's Office in Book 186, Page 175,
granted and conveyed unto Eugene G. Kirsch and Joyce L. Kirsch,his wife.
t e
is
V ce
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo, New York 14203
Plaintiff, * CIVIL DIVISION 1?6
Case No.: s G-'�/+t
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * *
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
To: Joyce L. Kirsch
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held on March 4, 2015, at the
Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Cumberland County,Pennsylvania
17013 at 10:00 a.m., prevailing local time.
The Real Property to be sold is delineated in detail in a legal description mainly consisting of
a statement of the measured boundaries of the property. A more particular description of the Real
Property is attached hereto as Exhibit"A" and incorporated by reference herein.
The location of your Real Property being sold is:
1515 Kathryn Street, New Cumberland, Cumberland County, Pennsylvania 17070, being
identified as Tax Parcel Number 26-23-0541-129.
The judgment under or pursuant to which your Real Property is being sold is docketed to:
Manufacturers and Traders Trust Company
The name of the reputed owners of this Real Property is:
Eugene G. Kirsch and Joyce L. Kirsch
Judgment: $338, 613.21, plus interest after December 1, 2014
Take notice that a Schedule of Distribution will be filed within thirty(3 0)days from the date
of sale and distribution will be made in accordance with the Schedule of Distribution unless
exceptions are filed thereto within ten (10) days thereafter. No further notice of the filing of the
Schedule of Distribution will be given.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause your property
to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your
2
property from being taken. A lawyer can advise you more specifically of these rights. If you wish to
exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE(S) SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166 or 1-800-990-9108
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County to
open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or procedure used against
you.
2. After the Sheriff's Sale,you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County
at one of the Court's regularly scheduled business court sessions. The petition must
be served on the attorney for the Creditor at least two (2) business days before
presentation to the Court and a proposed Order or Rule must be attached to the
3
petition. If a specific return date is desired, such date must be obtained from the
Court Administrator's Office,Cumberland County Courthouse, 1 Courthouse Square,
Suite 301, Carlisle, Pennsylvania 17013, before presentation to the Court.
Shaan S. Chima, Esquire
P.A. Bar No. 312429
GEBHARDT& SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202-3281
(410) 385-5109
Counsel for Manufacturers and Traders
Trust Company
4
EXHIBIT "A"
Property description attached.
5
EXHIBIT A
All those tracts and parcels of land situate, lying and being in the Borough of New Cumberland,
Cumberland County, Pennsylvania, with all improvements thereon, and more particularly described as
follows:
TRACT 1
BEGINNING at a stake on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
24 and 25 on the hereinafter mentioned Plan of Lots, said point being two hundred ten (210) feet
measured northwardly from 15th Street; thence along the northeasterly line of Kathryn Street, North 45
degrees 05 minutes West, a distance of sixty-eight (68) feet to a stake on the southeasterly line of 15 %2
Street(not opened); thence along the southeasterly line of 15 'h Street(not opened), North 49 degrees 33
minutes East, a distance of one hundred seven and two tenths (107.2) feet to a stake at lands now or
formerly of the Northern Central Railway Company; thence by said railway lands, South 37 degrees 49
minutes East, a distance of fifty-nine and eight tenths (59.8) feet to a stake at the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 44
degrees 55 minutes West, a distance of ninety-nine and four tenths (99.4) feet to a stake on the
.northeasterly line of Kathryn Street at the point or place of BEGINNING.
BEING the same as surveyed by D. P. Raffensperger,R.S., on July 12, 1966.
BEING the major portion of Lots Nos. 25 and 26 on the Plan of Elkwood as recorded in the Cumberland
County Recorder's Office in Plan Book 2,Page 74.
TRACT 2
BEGINNING at a point on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
22 and 23 on the hereinafter mentioned Plan of Lots; thence along the northeasterly line of Kathryn
Street, North 45 degrees 05 minutes West, a distance of seventy (70) feet to the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots, at corner of lands of the Grantors herein;
thence along said dividing line, being lands of the Grantors herein, North 44 degrees 55 minutes East, a
distance of ninety-nine and four tenths (99.4) feet to a point at lands now or formerly of the Northern
Central Railway Company; thence South 37 degrees 49 minutes East, a distance of seventy and fifty-
seven hundredths (70.57) feet to the dividing line between Lots Nos. 22 and 23 on the hereinafter
mentioned Plan of Lots; thence along said dividing line, South 44 degrees 55 minutes West, a distance of
ninety and forty-seven hundredths (90.47) feet to the northeasterly line of Kathryn Street at the point or
place of BEGINNING.
BEING Lots Nos. 23 and 24 on the Plan of Elkwood as recorded in the Cumberland County Recorder's
Office in Plan Book 2, Page 74. Being the same as surveyed by D. P. Raffensperger, R.S., on July 26,
1968.
BEING the same premises which Walter K. Chiles, et ux.,by Deeds dated July 20, 1966 and July 7, 1969
and recorded in the Cumberland County Recorder's Office in Deed Book"A",Volume 22,Page 1072 and
Deed Book "H", Volume 23, Page 230, respectively, granted and conveyed unto Eugene G. Kirsch and
Joyce L. Kirsch, his wife.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
November 28, 1988 and recorded in the Cumberland County Recorder's Office in Book R33, Page 711,
granted and conveyed unto Eugene G. Kirsch and Joyce L. Kirsch,his wife.
TRACT 3
BEGINNING at a point at the southwestern corner of Lot No. 23 and the northerly right-of-way of
Kathryn Street thence, from said point of beginning, the following four courses and distances: along the
northerly right-of-way of said Kathryn Street North 44 degrees 03 minutes 00 seconds West a distance of
20.59 feet to a point at the southeast corner of Lot No. 6; thence along the eastern line of Lot No. 6 North
49 degrees 33 minutes 00 seconds West a distance of 124.89 feet to a point on the south side of a 10 foot
wide abandoned alley; thence along said alley South 38 degrees 00 minutes 24 seconds East a distance of
20.57 feet to a point on the western line of Lot No. 23 thence along the western line of Lot No. 23; South
49 degrees 33 minutes.
Said tract containing 2,544.73 square feet, or 0.058 acres.
BEING identified on the drawing prepared by John K. Murphy, P.E., P.L.S. of Alpha Consulting
Engineers, Inc. and attached to the Deed referenced below as Exhibit"A" and made a part hereof.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
September 29, 1998 and recorded in the Cumberland County Recorder's Office in Book 186, Page 175,
granted and conveyed unto Eugene G. Kirsch and Joyce L.Kirsch,his wife.
4
V t{
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST COMPANY, successor-in-interest
to Allfirst Bank,
One M&T Plaza
Buffalo,New York 14203
Plaintiff, * CIVIL DIVISION /
Case No.: /—7 y G �GA`'
V.
EUGENE G. KIRSCH, * COMPLAINT FOR CONFESSION
c/o Estate of Eugene G. Kirsch, OF JUDGMENT OF MONEY
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
*
and
*
JOYCE L. KIRSCH,
c/o Estate of Joyce L. Kirsch,
1517 Kathryn Street
New Cumberland, Pennsylvania 17070
and
KIRSCH'S PRINTING, INC.,
1515 Kathryn Street
New Cumberland, Pennsylvania 17070
Defendants.
* * * * * * * * * * * * *
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
To: Kirsch's Printing, Inc.
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held on March 4, 2015, at the
Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Cumberland County,Pennsylvania
17013 at 10:00 a.m., prevailing local time.
The Real Property to be sold is delineated in detail in a legal description mainly consisting of
a statement of the measured boundaries of the property. A more particular description of the Real
Property is attached hereto as Exhibit"A" and incorporated by reference herein.
The location of your Real Property being sold is:
1515 Kathryn Street, New Cumberland, Cumberland County, Pennsylvania 17070, being
identified as Tax Parcel Number 26-23-0541-129.
The judgment under or pursuant to which your Real Property is being sold is docketed to:
Manufacturers and Traders Trust Company
The name of the reputed owners of this Real Property is:
Eugene G. Kirsch and Joyce L. Kirsch
Judgment: $338, 613.21, plus interest after December 1, 2014
Take notice that a Schedule of Distribution will be filed within thirty(30)days from the date
of sale and distribution will be made in accordance with the Schedule of Distribution unless
exceptions are filed thereto within ten (10) days thereafter. No further notice of the filing of the
Schedule of Distribution will be given.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause your property
to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your
2
property from being taken. A lawyer can advise you more specifically of these rights. If you wish to
exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICES) SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166 or 1-800-990-9108
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County to
open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or procedure used against
you.
2. After the Sheriff's Sale,you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County
at one of the Court's regularly scheduled business court sessions. The petition must
be served on the attorney for the Creditor at least two (2) business days before
presentation to the Court and a proposed Order or Rule must be attached to the
3
petition. If a specific return date is desired, such date must be obtained from the
Court Administrator's Office,Cumberland County Courthouse, l Courthouse Square,
Suite 301, Carlisle, Pennsylvania 17013, before presentation to the Court.
Shaan S. Chima, Esquire
P.A. Bar No. 312429
GEBHARDT & SMITH LLP
One South Street, Suite 2200
Baltimore, Maryland 21202-3281
(410) 385-5109
Counsel for Manufacturers and Traders
Trust Company
4
EXHIBIT "A"
Property description attached.
5
EXHIBIT A
All those tracts and parcels of land situate, lying and being in the Borough of New Cumberland,
Cumberland County, Pennsylvania, with all improvements thereon, and more particularly described as
follows:
TRACT 1
BEGINNING at a stake on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
24 and 25 on the hereinafter mentioned Plan of Lots, said point being two hundred ten (210) feet
measured northwardly from 15th Street; thence along the northeasterly line of Kathryn Street, North 45
degrees 05 minutes West, a distance of sixty-eight (68) feet to a stake on the southeasterly line of 15 '/2
Street(not opened); thence along the southeasterly line of 15 % Street (not opened), North 49 degrees 33
minutes East, a distance of one hundred seven and two tenths (107.2) feet to a stake at lands now or
formerly of the Northern Central Railway Company; thence by said railway lands, South 37 degrees 49
minutes East, a distance of fifty-nine and eight tenths (59.8) feet to a stake at the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 44
degrees 55 minutes West, a distance of ninety-nine and four tenths (99.4) feet to a stake on the
northeasterly line of Kathryn Street at the point or place of BEGINNING.
BEING the same as surveyed by D. P. Raffensperger,R.S., on July 12, 1966.
BEING the major portion of Lots Nos. 25 and 26 on the Plan of Elkwood as recorded in the Cumberland
County Recorder's Office in Plan Book 2,Page 74.
TRACT 2
BEGINNING at a point on the northeasterly line of Kathryn Street at the dividing line between Lots Nos.
22 and 23 on the hereinafter mentioned Plan of Lots; thence along the northeasterly line of Kathryn
Street, North 45 degrees 05 minutes West, a distance of seventy (70) feet to the dividing line between
Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots, at corner of lands of the Grantors herein;,
thence along said dividing line, being lands of the Grantors herein, North 44 degrees 55 minutes East, a
distance of ninety-nine and four tenths (99.4) feet to a point at lands now or formerly of the Northern
Central Railway Company; thence South 37 degrees 49 minutes East, a distance of seventy and fifty-
seven hundredths (70.57) feet to the dividing line between Lots Nos. 22 and 23 on the hereinafter
mentioned Plan of Lots; thence along said dividing line, South 44 degrees 55 minutes West, a distance of
ninety and forty-seven hundredths (90.47) feet to the northeasterly line of Kathryn Street at the point or
place of BEGINNING.
BEING Lots Nos. 23 and 24 on the Plan of Elkwood as recorded in the Cumberland County Recorder's
Office in Plan Book 2, Page 74. Being the same as surveyed by D. P. Raffensperger, R.S., on July 26,
1968.
BEING the same premises which Walter K. Chiles, et ux.,by Deeds dated July 20, 1966 and July 7, 1969
and recorded in the Cumberland County Recorder's Office in Deed Book"A",Volume 22,Page 1072 and
Deed Book "H", Volume 23, Page 230, respectively, granted and conveyed unto Eugene G. Kirsch and
Joyce L. Kirsch,his wife.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
November 28, 1988 and recorded in the Cumberland County Recorder's Office in Book R33, Page 711,
granted and conveyed unto Eugene G.Kirsch and Joyce L. Kirsch,his wife.
TRACT 3
BEGINNING at a point at the southwestern corner of Lot No. 23 and the northerly right-of-way of
Kathryn Street thence, from said point of beginning, the following four courses and distances: along the
northerly right-of-way of said Kathryn Street North 44 degrees 03 minutes 00 seconds West a distance of
20.59 feet to a point at the southeast corner of Lot No. 6;thence along the eastern line of Lot No. 6 North
49 degrees 33 minutes 00 seconds West a distance of 124.89 feet to a point on the south side of a 10 foot
wide abandoned alley; thence along said alley South 38 degrees 00 minutes 24 seconds East a distance of
20.57 feet to a point on the western line of Lot No. 23 thence along the western line of Lot No. 23; South
49 degrees 33 minutes.
Said tract containing 2,544.73 square feet, or 0.058 acres.
BEING identified on the drawing prepared by John K. Murphy, P.E., P.L.S. of Alpha Consulting
Engineers, Inc. and attached to the Deed referenced below as Exhibit"A" and made a part hereof.
BEING the same premises which Eugene G. Kirsch and Joyce L. Kirsch, his wife, by Deed dated
September 29, 1998 and recorded in the Cumberland County Recorder's Office in Book 186, Page 175,
granted and conveyed unto Eugene G. Kirsch and Joyce L.Kirsch,his wife.
Of Ali
Maw THE COURT OF COMMON PLEAS
i CUMBERLAND COUNTY PA
o Z DAVID D.BUELL,PROTHONOTARY
a One Courthouse Square • Suite100 • Carlisle,PA • 1.7013
(717)240-6195
so www.ccpa.net
MANUFACTURERS AND TRADERS
TRUST COMPANY,successor-in-interest
to Allfirst Bank
Vs. NO 14-7015 Civil Term
CIVIL ACTION—LAW
EUGENE G.KIRSCH
C/O ESTATE OF EUGENE G.KIRSCH
AND JOYCE L.KIRSCH
AND KIRSCH'S PRINTING,INC.
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $338,613.21 L.L.: $.50
Interest
Atty's Comm: Due Prothy: $2.25
Atty Paid: $74.50 Other Costs:
Plaintiff Paid:
Date: 12/4/2014
David D.Buell,Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: SHAAN S.CHIMA,ESQUIRE
Address: GEBHARDT& SMITH LLP
ONE SOUTH STREET,SUITE 2200
BALTIMORE,MD 21202
Attorney for: PLAINTIFF
Telephone: 410-385-5109
Supreme Court ID No.312429
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson ILED-OF I"1L -
Sheriff THE E: R T O O TA
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
}, of
;)F TP:E $KF IFF
2' D C 15 P1'j 3: 22
CUMBERLAND COUNTY
PENNSYLVANIA
Manufacturers and Traders Trust Company
vs. Case Number
Eugene G Kirsch (et al.) 2014-7015
SHERIFF'S RETURN OF SERVICE
12/09/2014 04:07 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested
Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be
Paula Kirsch, Granddaughter, who accepted as "Adult Person in Charge" for Eugene G Kirsch at 1514
Kathryn Street, New Cumberland Borough, New Cumberland, PA 17070.
12/09/2014 04:07 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested
Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be
Paula Kirsch, Granddaughter, who accepted as "Adult Person in Charge" for Joyce L Kirsch at 1514
Kathryn Street, New Cumberland Borough, New Cumberland, PA 17070.
CHRISJOPHER SHARPE, DEPUTY
12/09/2014 04:07 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested
Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be
Paula Kirsch, Adminstrative Assistant, who accepted as "Adult Person in Charge" for Kirsch's Printing,
Inc. at 1514 Kathryn Street, New Cumberland Borough, New Cumberland, PA 17070.
CHRIST %' HER S • ' PE, DEPUTY
SHERIFF COST: $79.21 SO ANSWERS,
December 10, 2014 RONNY R ANDERSON, SHERIFF
(c) CouatySuite Sheriff, Teleosott. Inc.