HomeMy WebLinkAbout01-06095
'h- ,,-
, .
COMMERCE BANK/HARRISBURG,
N.A.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
DOCKET NO. 01 - fe,C5tS
Gu.~trE:tu;
v.
DAVID W. SANASACK,
Defendant
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a copy of
which is attached to the Complaint filed in this action, I appear for the Defendant,
David W. Sanasack, and confess judgment in favor of the Plaintiff, Commerce
Bank/Harrisburg, N.A., and against the Defendant as follows:
Unpaid balance of Note
(as of October 1, 2001)
$32,863.01
Interest on unpaid balance
(as of October 1, 2001)
$1,227.12
Late fees (as of October 1, 2001)
$263.45
$3,409.01
Attorneys' collection fee (10% of unpaid principal
balance and accrued interest as of October 1, 2001)
TOTAL (as of October 1, 2001)
$37,762.59
r- '-' - ~-- ., - ~,,' "-,~_:_,_~c,, ",-,'" ~"- 7."- ,-~ . . ,. ,,<17',r,,~,- T"~;< i, . ",., '~, ,r ~ ., ", ,.. ,_no
-'!'
,-'-,-
:r-'"
"
....-.
.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
y P. Beneventano, Esquire
Sup. Ct. LD. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Defendant
Commerce Bank/Harrisburg, N.A.
Date: October 19, 2001
Judgment entered as above this.:Jl.llZday of October, 2001.
'I
J.,l'!!',o. ",
'''h',- ,""_"" - -.- 0- C'.'O,'.e' -'-;-;A',- !"-":"':l- ..
~-~- ,~
,"
! T~
-
Th
t
!!IIII!I.--,~~--, ,~ ,,"",.,'
''''''''''
",,,',",,
~- ,-, -" -0 -"
,.
.
. --"'-"-'if"r 'mL'l,~",,~,~,'ft1 j~1:~'t1J1_::fiYr~:_('rr'T~r"'~]i1L]1nI~_~'f~r~-5<lt'":'t":lfff
-..
o
S;
.....:-
-tJr.'
rrlG"
-:7 ~--.,
~S;-:.
:;.<./-
!:2C;
~n
~C
"': .
..vC
~
c'
C>
C-,
-t
1'.)
.",
-0
-1.~
....c"'"
r.;?
'_'1
.-
("
J
'"\1
~~/-Cj
.:;;;;\n
~.~,
,c,.,
-'/
-~
_~~~~1":~,'-'?'7~n'_'?_i_"'__;7_,,,__,!_~!f;J~~"'N'!'''--~'''l'~''?~''Vr~W~",(1I]'#l9~'I:1r!;lPi!~~/!-f~.iM!!!iJ;W~~~~!(-
~'
. "
. ,
~
)
COMMERCE BANK/HARRISBURG,
N.A.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
DOCKET NO. O\-!.::CRS
Ctu~l '--r~
DAVID W. SANASACK,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20)
days after this Complaint and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed
in the Complaint or for any other claim or relief requested by the Plaintiff(s).
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
"A{1,,"11_I~ ','m 0' .,,'-:';~':''' '-,,"?~-_r'-,i~,',^,""~~_~"'Y'- _..1 ,_ ~<-'-'"".,-."" ,.,'~r
,~,
, 'c -., f'- ,-" ,-.,,"
j'~ilr.iHll""'"
.
.
COMMERCE BANKlHARRISBURG,
N.A.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION, LAW
v.
DOCKET NO.
DAVID W. SANASACK,
Defendant
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes, usted tiene
viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted
debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la
corte en formaescrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0
alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI
NO TIENE ABOGADO 0 SI NO TIENEEL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA
OFICINA CUY.I\ DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(71 7) 249-3166
(800) 990-9108
'T~~-.
~-~ "C," '>I~'';'','_'' '--.r-':-~c,,-r,.,~7J!II'~I""-- .,. .,_" .'-'-"'""":'",
,
- =- .~
'-1
.","""
.
.
COMMERCE BANKlHARRISBURG,
N.A.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
DOCKET NO.
DAVID W. SANASACK,
Defendant
COMPLAINT
AND NOW, this 19th day of October, 2001, the Plaintiff, Commerce Bank!
Harrisburg, N.A., through its counsel, Mette, Evans and Woodside, hereby files this
Complaint pursuant to Pa.R.C.P. 2951(b), 42 Pa.C.S.A., for judgment by confession
and avers the following:
1. Plaintiff is Commerce Bank/Harrisburg, N.A. (hereinafter "Commerce
Bank"), a national banking association with a principal place of business at 100
Senate Avenue, Camp Hill, Pennsylvania 17001,8599.
2. Defendant, David W. Sanasack, is an adult individual who, upon
information and belief, resides at 3517 Surrey Drive, Alexandria, Virginia 22309.
3. On May 14, 1999, Commerce Bank extended a commercial loan
(hereinafter "Loan") to Tahoe Corporation, dlb/t/a Chesapeake Bagel Bakery
(hereinafter "Borrower"), the proceeds of which were intended to finance certain
leasehold improvements and equipment purchases for a new franchise store to be
opened by the Borrower in Hershey, Pennsylvania.
"'-'~"'__W,,_
. ,- -,~,"";"._~;,'~, -__~""'.",-,. ""'~,"__;I"l<J',;-, -!--'," -.. "
0_' . J
!t"-"'-"".~-" -'Y',' -,~~~,.
.
4. The principal amount of the Loan was $50,000.
5. On May 14, 1999, Borrower executed and delivered to Commerce Bank
a promissory note (hereinafter "Note") evidencing its obligation to Commerce Bank
under the Loan. (A true and correct copy of the Note is attached hereto at Exhibit
"A" and incorporated herein by reference.)
6. The Note specifically grants Commerce Bank the authority to confess
judgment against the Borrower.
7. Commerce Bank advanced the full amount of $50,000 to Borrower
under the Note.
8. On the same date as the execution and delivery of the Note and to in
part secure the Loan, Defendant executed an unconditional guarantee (hereinafter
"Guarantee") pursuant to which he "absolutely and unconditionally guarantees and
promises to pay to Commerce Bank * * * 100% ofthe Indebtedness [as that term is
defined in the Guarantee] of Tahoe Corporation d/b/t/a Chesapeake Bagel
Bakery * * * on the terms and conditions set forth in this Guarantee." (A true and
correct copy of the Guarantee is attached hereto at Exhibit "B" and incorporated
herein by reference; see pg. 1 thereof under heading "Guaranty".)
9. Pursuant to the express terms of the Guarantee, Defendant
"irrevocably authorizes and empowers any attorney * * * to appear at any time for
Guarantor [i.e., Defendant] after a default under this Guarantee and * * * confess or
enter judgment against Guarantor [i.e., Defendant] for the entire principal balance
2
;"""'1"'_ -, , ,~, -, _~"_'. -,r<'\"cf:-~*"t"'-:,2_~:;;-;"p",-__ ,_ ~_.J,i'""'"!I" ,,,,' , _ '" ;;e_, ,~_.-" __/",
_- ." ~, " " ,"" J I _ ,,- .__ __ , __ ,
, I
,
'TlI
"
of this Guarantee, all accrued interest, late charges, and any and all amounts
expended or advanced by Lender [i.e., Commerce Bank] relating to any collateral
securing the Indebtedness together with interest on such amounts, together with
costs of suit, and an attorney's commission of 10% of the unpaid principal balance
and accrued interest for collection * * *." (See Exhibit "B" on page 3 under heading
"Confession of Judgment.")
10. In connection with the Guarantee, Defendant was provided with
certain documents explaining the meaning and consequence of the confession of
judgment. These documents are identified as "Explanation of Rights - Confession
of Judgment" and "Disclosure for Confession of Judgment," true and correct copies
of which are attached hereto and identified, respectively, as Exhibits "c" and "D."
11. On May 14, 1999, Defendant executed both documents in connection
with the Guarantee. (See Exhibits "c" and "D.")
12. By executing the "Explanation" and the "Disclosure," Defendant
expressly and unconditionally acknowledged his understanding that Commerce
Bank has the right to confess judgment against him in the event that he defaults on
the performance of his duties as a Guarantor of the Loan.
13. Neither the Note nor the Guarantee has been assigned.
14. Judgment has not been entered in any jurisdiction on either the Note
or the Guarantee.
3
t'fU-lI:f'r:Jj~~~,
~ 'c,,_,k. k ,~__,q,;_",_~_ ~ ,- \,"r",-"'I':~-'- "_"""","-1--,,/,,,0-_-
- '.~ '. ,~ - ~ ~-
" ~':"--ur'- w:" '''1""'_'[ ~ -,~'
15. Borrower defaulted in the performance of his obligations under the
Note by failing to pay, inter alia, the monthly installments of principal and interest
due as required under the Note.
16. Borrower has failed to cure the default under the Note.
17. Commerce Bank has called the Note and declares that the unpaid
principal balance, together with accrued interest, attomeys' fees and costs as
provided therein, to be immediately due and payable.
18. By letter dated September 10, 2001, Commerce Bank provided
Defendant with written notice that Borrower defaulted in the performance of his
obligations under the Note. A true and correct copy ofthe written notice is
attached hereto as Exhibit "E" and incorporated herein by reference.
19. Therein, Defendant was instructed to make "payment in full of the
remaining Loan balance no later than the close of business on September 20, 2001."
(Emphasis included.) (See Exhibit "E.")
20. Defendant received notice that the Note was in default. True and
correct copies of the United States Postal Service certified mail receipt (Article No.
7001 0360 002 3932) and P.S. Form 3811 evidencing receipt are attached hereto at
Exhibit "F."
21. The notice sent to Defendant by First Class Mail was not retumed.
22. Defendant has failed and refused to cure Borrower's default under the
Note.
4
".or. ~ _, '_", ,,' '''^' '_"',,",~ . '__"" """,,,,"~~~~,_~_,, -~_'''';}'C':!o/:''''_I~~J~ ',cO_ __'7:'",_,,,,,",,~, "'~__~"
\"'~~r"~ ":':'.". - - '_~ -- _T-] --
23. Default was made by the Borrower in the payment of $1,053.80 due on
June 14, 2001, and in the payment of all subsequent installments, whereby under
the Note and the Guarantee the entire sum is in default and immediately payable.
24. Such defaults are continuing.
25. Defendant is currently liable to Commerce Bank as follows:
Unpaid balance of Note $32,863.01
(as of October 1, 2001)
Interest on unpaid balance $1,227.12
(as of October 1, 2001)
Late fees (as of October 1,2001)' $263.45
Attorneys' collection fee (10% of unpaid principal $3,409.01
balance and accrued interest as of October 1, 2001)
TOTAL (as of October 1, 2001) $37,762.59
26. An Affidavit certifying the last known address of Defendant, that (upon
execution of the Guarantee) his annual income exceeded $10,000 per year, and that
he is not in the military service of the United States or its states or territories, is
attached hereto as Exhibit "G" and incorporated herein by reference.
5
~;.- '-':."
~"~'"~'.-~ ',,-" ,,-'-.,:"''', _ v.."'G'" .1-. "."--'
,,'.,r ,.
,.-"
',-' -~~ ,~,~ _'_"\ _ " 0'
,0 ,
r '
t'~-f" '~'.: f'T" :'. .
WHEREFORE, Commerce Bank demands judgment in the sum of
$37,762.59, plus all additional sums resulting from Defendant's continuing default,
as authorized by the warrant of attorney appearing in the attached instrument.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
?~
~ - =/
. ._t. ~
y P. Beneventano, Esquire
Sup. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Defendant
Commerce BankiHarrisburg, N.A.
Date: October 22, 2001
'f:-:',
.,", -,,~,,- .';"-'_."",,,,,,,, 'M,.,I")>,,~,",~'''..'' -' - '/"""~' ~~n.,q'[ -' ~, ,,~, ~~":'" ' ,
" , ~
~ ' +
~"
,"'-.', .,
t") T,'
,-:'~'~"_'~~O
VERIFICATION
I, DAVID C. AMSDEN, a Vice-President and Loan Officer of Commerce
Bank/Harrisburg, N.A., hereby acknowledge that I have read the foregoing
Complaint in Mortgage Foreclosure and that the facts stated therein are true and
correct to the best of my knowledge, information and belief. I understand that any
false statements herein are made subject to penalties of 28 D.S.C. s1746, relating to
unsworn falsification to authorities.
David C. Amsden
Vice-President/Asset Quality
Commerce Bank/Harrisburg, N.A.
Dated:
;1".-/1-1'/
~~," "~',-"
,- ".o"""<,.,?,:"Cf',~'~ o:~, ",:: C'_, _c ~ .",_'''''",,:_~.'-I''~"' ~;:L -
,,* -"'.-'j! ,-0"
,
," ,.,
-"-..'
..:.
.,,".
";'
PROMISSORY NOTE
References in the shaded area are for Lender's use only and do not limit the appllcabUity of this document to any particular loan or item.
Borrower: Tahoe Corporation dlblVa Chesapeake Bagel Bakery
(TIN: 541795484)
910 17lh Street NW, Suite 800
Washington, DC 20006
Lender: Commerce Bank/Harrisburg, National Association
Main Olllce/Commerclal Cost Center
P.O. Box 8599
100 Senate Avenue
Camp Hili, PA 17001.8599
Principal Amount: $50,000.00 Interest Rate: 9.500% Date of Note: May 14, 199
PROMISE TO PAY. Tahoe Corporation dlblVa Chesapeake Bagel Bakery ("Borrower"),promlses to pay to Commerce BanklHarrlsburg, Natlona
Association ("Lender"), or order, In lawful money of the United States of America, the principal amount of Fitly Thousand & 00/100 Dollars
($50,000.00). together with Interest at the rate of 9.500% per annum on the unpaid principal balance from May 14, 1999, unl11 paid In full.
PAYMENT. Borrower will pay this loan In 60 payments of $1,053.80 each payment. Borrower's tlrst payment Is due June 14, 1999, and all
subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on May 14, 2004, and will be for
all principal and all accrued Interest not yet paid. Payments Include principal and Interest. The annual Inlerest rate lor Ihis Note is compuled on a
3651360 basis; that Is. by applying the ralio of the annual Intarast rate over a year of 360 days, mulllplled by the outstanding principal balance,
multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such
olber place as Lender may deslgnale In wrlllng. Unless othelWlse agreed or required by applicable law, paymants will ba applied Illstlo accrued
unpaid interest, Ihen to principal, and any remaining amount to any unpaid collection ,costs and late charges.
PREPA VMEN,.. Borrower may pay without penally all or a portion of the amount owed earlier than It Is due. Early payments will not, unless agreed to I
by lender In writing. relleve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the
principal balance due and may result In Borrower making fewer payments.
LATE CHARGE. If a payment Is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. C':l
DEFAULT. BQrrower will be in delaulllf any of the lollowing happens: (a) Borrower fails 10 make any paymenl when due. (b) Borrower breaks any ~
promise Borrower has made to lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition ~
contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under ,
any loanj extension of credit, security agreement, purchase or, sales agreement, or any other agreement, in favor of any other creditor or person that "):;
may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the n::
Releted Documenls. (dl Any represenlallon or stalement made or lumished to Lender by Borrower or on Borrower's behallls falsa or misleading in any
material respect ellher now or at the time made or furnished. (e) Borrower becomes Insolvent, a receiver Is appointed for any part of Borrower's
property, Borrower makes an assignment for the benefit of creditors, or any proceeding Is commenced either by Borrower or against Borrower under
any bankruptcy or insolvency laws. (f) Any creditor t~ies to take any of Borrower's property on or. in which lender has a lien or security interest. This ~
Includes a garnishment of any of Borrower's accounts with lender. (g) Any guarantor dies or any of the other events described In this default section
occurs with respe.ct to any guaran. tor of this Note. (h) A material adverse change occurs in Borrower's financ.; al condition, or Lender believes the ~
prospect of payment or performance of the Indebtedness Is Impaired. (i) Failure to meet the deadlines required in the Year 2000 Compliance
Agreemenflo be Year 2000 Compllant or a reasonable Ilkelihood that Borrower cannot be Year 20QO Compliant on or before December 31, 1999. m
Lend~r in good faith deems Itself Insecure. '~
If any default, other than a default In payment, is curable and if Borrower has not been given a notice of a breach of the same prOVision of this Note ~
within the preceding twelve (12) monlhs. It may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from
Lender demanding cure of such defaull: (al cures Ihe default wilhln ten (10) days; or (b) if the cure requires more lhan tan (10) days, Immediately ~
initiates steps which Lender deems in lender's sole dlscretlon to be sufficient to cure the default and thereafter continues and completes all reasonable
and necessary steps sufficient to produce compliance as soon as reasonably practical. ~
s:
LENDER'S RIGHTS. Upon default, Lender may. aller giving such nolices as required by applicabie law, declare the enlire unpaid prlncipa' balance on I:)
this Note and all accrued unpaJd interest immediately due, and then Borrower will pay that amount. Upon default, including failure .to pay upon final ~
maturity, lender, at its option, may also, If pennitted under applicable law, increase the interest rate on this Note 2.000 percenrage points. The Interest ~x
rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone elS9 to help collect this Note if Borrower does not
pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's' attorneys' fees and lender's legal
expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic slay or injunction), appeals, and any antiCipated post-judgment collection services. It not prohIbited by applicable law, Borrower
also will pay any court costs, in addition to all other sums provided by law. If judgment Is entered 'in connection with this Note, interest win continue to
accrue on this Note after Judgment at the existing interest rate provided for in this Nole. This Nole has been delJverecf to Lender and accepted by
lender In the Commonweallh of Pennsylvania. If there Is a lawsuU, Borrower agrees upon Lender's request to submit to the Jurisdiction of the
courts ot Cumberland County, the Commonwealth ot Pennsylvania. Lender and Borrower hereby waive the right to any jury trial In any action,
proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed 1n
accordance with the laws of the Commonwealth at Pennsylvania.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender 01 $10.00 if Borrower makes a paymenl on Borrower's loan and the check or
preauthorized charge with which Borrower pays is later dishonored.
RIGHT OF SETOFF. Borrower granls to lender a contractual security interest In, and hereby assigns, conveys, delivers, pledges, and transfers to
lender all Borrower's right, title and interest In and to, Borrower's accounts with Lender (whether checking. savings, or some oti)er ayoount), including
without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh
accounts, and all trust accounts for which the grant of a security Interest would be prohibited by iaw. Borrower authorizes lender, to the extent
permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts.
COLLATERAL. This Note is secured by a 1st lien priority security interest in all business assets of the Borrower as more fully set forth in the
Commercial Security Agreement of even date herewith and to be perfected by UCC-1 Financing Statement; Personal Guarantees of Paul B. Thompson
and David-W. Sanasack.
OPTION TO DECLARE LOAN DUE. Allhough the repayment of the loan evidenced by this instrument has been, designed as if it wer", to extend for the
term established in the "Payment" section; hereinabove defined, Borrower understands, that lender expressly reserves the right and option, exercisable
at Its discretion, to declare the entire unpaid principal balance under this Promissory Nole together with all interest which shan have accrued thereon to
be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succe!3ding Five (5) year anniversary of that date
durino the term hprpnf h~rpinl'lftp.r n:'!ferrpn to,p~ the "I f'l:'lM ,.."'" ("I.."".. In fh.... "..,..,,,1 I ""r1,,,~ r1,-",...1~,",,,, f" """"r"l,,- ;,~ ___ '1~ '..' , ,If. '_ ,_'. ~ " _'..."
\p~ - r.."l1:l?~
.""
" '...,
-:1"!1'!i,
-""'"'"'
'05-14-1999
Loan No 2811088
::.'
-j,
PROMISSORY NOTE
(Co';tln\Jed)
Page 2
E!I0FtAOWER FOR THE ENTIRe' PAINCIPAL SALA.,ce OF THIS Nom. ~LL ACCRUED INTEREST. LATE CHARGES, AND ANY AND ALL AMOUNl
SXPENOED OR ADVANCED BY LENDER AElA nNG TO ANY COLLATerqAL. SECURING THIS NarE TOGETHER Wrt'H INTEREST ON sue
AMOUNTS, TOGETHER wITH COSTS Of' SUIT", AND AN ATTOr:tNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPA)D PRINCIPA
BA.l.ANCe ANO ACCRUED I~EST FOR COU EcTION. BUT. IN ANY EVENT NOT U!SS THAN ~rvl! HUNDA~D DOUAAS ($500) ON WHle
JlJOGMI!NT OFt .JUDGMEi'lTS ONE OR MORE e:- EcunONS MAY tsSUE IMMEDIATELY; AND FOA so DOING. "Tl-ns NOTe OR A COpy OF Tl"U:
NOTe' VERIFIED By AFFIOA.vJT SHALL BE SUf FICIENT WARRANT. il-IE ,AU'TliOAfTY GRANTED IN THIs NOTE TO CONFESS JUOGMEJ-
AGAINST BOFlAQWeR SHALL NOT BE EXHAUST =0 By 'ANY exERCISE OF THAT AUTHORITY. BUT SHALL CONTINue FROM TIME TO TIME AN
AT Al..1.. TIMES UNTlL PAYMENT IN 'FULL OF ALL AMOUNTS DUE UNOER n-I19 NOTE. BORROWER HEREBY WAivES .ANY RIGHT eORROwe
MAY HAVE TO NOTiCe: OA TO A HEARING IN , ONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EX:"CEPT ANY NonCE' ANOIO'
HEAPl\HG AEO\JIf\ED. UNDER' APPUCABLE l..P" WITH RESPECT TO EXECUTlON OF THE JUOGMENI, AND STATES THAT BTHER
FlEPRESENTATlVe: OF LeNDER SPEC'FICALLY CAUED THIS CONFESSION OF ..IUDGMENT PAQVlSION TO BORROWER"S ATTENTION 0
BORROWER HAS BEEN REPRESENlCD BY IN[ EPENDEl\IT LE':GAL COUNSEL THe LIEN AFUS1NG FAOM ANY JUDGMEN'T CONFESSES:> 0
ENTERED PURSUANT TO THE FOREGOING AU rnOAflY S,..AlL NOT EXTEND TO ANY OF BORROViEFt'$ RESIDENTIAL REAL PROPERTY J
mAT TEAM IS DEFINED IN ,nlE PENNSYLVANIA ACT OJ:!: .JANUARY 30, 1974 (PA" LAWS 13, NO. 8). REFERRED TO AS THE LOAN INTEREST AN
PROTECTION LAW. AS AMENDED, ~NO THE .,OLDER OF ANY JlJOGMENT CONPESSED OR ENTERED PURSUANT TO WE FORGOIN
AlJlHOArrY SHAlL NOT. IN ENFOf'CBVlENT 01 r ANY SUCH .JUOGMENT. EXECUTE, lEVY OR OTHERWISE PRoceeD AGAJNST ANY sue
F1ES1DENnAL ~EA\. Pf'OPERN: PROViDED. He HeVER. THAT "THE UEN OF such JUOGMENT SHALl. EXTEND TO SUCH RESIDENTIAL REI
PROPEATV AND WAT THE HOLDER TH'EAeOF 3HALL BE PERMITTml TO EXECUTE. L.EVr OFt PROCEED AGAINST SUCH RESIDENTIAL RE
PRO~ATY FROM AND AFTER. TI-iE ENTRY (IF A JUDGMENT AS CON"fGMP\.ATliO BY SECllON 4(j7 OF SUCH LOAN IN'TEREST AN
PROTECTION LAW AND AULES 2981 TO 2986 OF THE PENNSYLVANIA RULES OF ClVR.. PROCeoUAE. OR SUCCESSOR OR SIMILAR STATUTE'
A,ND RULES. NO UMfTATlON OF UEN OR ANY I :XEcunON.l.EVY Oft OTHEF' EN.FOf\CEMENT comAtNED IN itiE tMMED1A.TEl.Y rRECeO'N<
SENTENce SHALL APPLY WITH RESPECT TO p"",v JUDi3MENT OBTAINED OTHER Tt'IAN BY THE FORE'GOING AUrnoAITY TO CONFESS 0
ENTEFI .JUOGMENT.
PRIOR TO SlaNING nflS MoTE. BORROWER R!A,O AND UNDERsTOOD ALL THE PAOV1SION9 OF THIS NOTE.. BORROWER AGREES TO
'THE "TERMS OF THE HOTS AND ACKNOWLEDGE S RECEIPT OF A COMPLI!TED cOpy Of" Tt1E NOTE.
THIS NOTl! HAS BEEN SIGNED AND SEALED BY THE UNOERSIGNED.
BORROWER:
::;:.=;; ':\~~::;V~"l;; ~,j~~M~m (SEAL)
Paul II. Tho . President
ATTEST:
~~~~'i.~1:;}f~~;;r~~~;1:it~1 ~4:~~~;~~i:J:~';~)~!
. ",,':. m":.~ SEAL)
( Corporate Sear)
l.A$a:f I"RO, fleg, I .9. PaL II T..... or.. \tlr. 3.2&l{ll'119t19 CrI PJ'Q&JNle-. Inr:. All """'s 1'IISGro<ed- (P....D20 F3...M OSTJlJt!t.LN C'J..ovLl
Fb<"'dA"t"'.I....I~L
!~l~,_r.'1",. ,'~
!'
~ ~"'
=
" ~
~"
..
"
~ "'<'~ ~
..;OMMERCIAL GUARANTY
References In the shaded aret!. are for Lender's use only and do nat limit the applicability of this document to any particular loan or Item.
Borrower: Tahoe Corporation (lib/Va Chesapeake Bagel Bakery
(TIN: 541795484)
910 17th Streel NW, Sulle 800
Washington, DC 20006
lender: Commerce Bank/Harrisburg, National Association
Main Office/Commercial Cost Center
P.O. Box 8599
100 Senate Avenue
Camp Hili, PA 17001-8599
Guarantor: David w. Sanasack
3517 Surrey Drive
Alexandria, VA 22309
AMOUNT OF GUARANTY. This Is a guaranty of paymenl of 100.000% of Ihe Note, Including without limitation Ihe principal Note amount of
Fifty Thousand & 00/100 Dollars ($50,000.00).
GUARANTY. For good and valuable consideration, David W. Sanasack ("Guarantor") absolutely and unconditionally guarantees and promises
to pay to Commerce Bank/Harrisburg, National Association ("Lender") or Its order, In legal tender of the United States of America, 100.000% of
the Indebtedness (as that term Is defined below) of Tahoe Corporation dIbItIa Chesapeake Bagel Bakery ("Borrower") to Lender on the terms
and conditions set forth In this Guaranty. Guarantor agrees that Lender, In Its soie discretion, may determine which portion of Borrower's
Indebtedness to Lender Is covered by Guarantor"s percentage guaranty.
DEFINITIONS. The following words shall have the following meanings when used In this Guaranty:
Borrower. The word "Borrower" means Tahoe Corporation dIbIVa Chesapeake Bagel Bakery.
Guarantor. The word "Guarantor" means David W. Sanasack.
Guaranty. The word "Guarantl means this Guaranty made by Guarantor for the benefit of Lender dated May 14, 1999.
Indebledness. The word "Indebtedness" means the Note, Including (a) all principal, (b) all Interest, (c) all late charges, (d) all loan fees and
loan charges, and (e) aU collection costs and expenses relating to the Note or to any collateral10r the Note. Collection costs and expenses
include without limitation all of Lender's aUorneys' fees and Lender's legal expenses, whether or not suit is instituted, and aUorneys' fees and legal
expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated
post-judgment collection services.
Lender. The word "Lender" means Commerce Bank/Harrisburg, National Association, its successors and assigns.
Note. The word "Note" means the promissory note or credit agreement dated May 14, 1999, In Ihe original principal amount of $50,000.00 from
Borrower to Lender, together with all renewals of, extensions of, modifications of. retinancings at, consolidations of, and substitutions for the
promissory note or agreement.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements. mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed In connection with the Indebtedness.
MAXIMUM LIABILITY. The maximum liability of Guaranlor under this Guaranly shall not exceed at anyone time 100.000% of the amount of Ihe
Indebtecjness described above. piuS all costs and expenses of (a) enforcement of thIs Guaranty and (b) collection and sale of any collateral
securing thIs Guaranty.
The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to lender either in the aggregate or at anyone time.
n Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties
shall be cumulative. This Guaranty shall not (unless speciflcaify provided bel9w to the contrary) ailect or invalidate any such other guaranlles. The
liability of Guarantor will be the aggregate liability of Guarantor under the terms of thIs Guaranty and any such other unterminated guaranties.
NATURE OF GUARANTY. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier
by reason of acceleration or otherwise, of all Indebtedness within the limits set forth .in the preceding section of this Guaranty.
DURATION OF GUARANTY. This Guaranty will take eilecl when received by Lender without.lhe necessity of any acceptanca by Lender, or any notice
to Guarantor or to Borrower, and will continue In full force until all Indebtedness shall have been fully and finally paid and saifsfled and all other
obligations of Guarantor under this Guaranty shall have been performed In full. Release of any other guarantor or termination of any other guaranty of
the Indebtedness shall not affect the liability of Guarantor under this' Guaranty. A revocation received by Lender from af)Y one or more Guarantors shall
not affect the liability of any remaining Guarantors under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's
liability under thIs Guaranty, frorn time to tl,me: (a) to make one or more additional secured or unsecured loans to Borrower, to lease
equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend,
accelerate, or otherwise change one or mon~ times the time for payment or other terms of the Indebtedness or any part of the Indebtedness,
IncludIng Increases and decreases or the rate of Interest on the Indebtednessj extensions may be repeated and may be for longer than the
original loan termj (c) to take and hold security for. the payment of this Guaranty or the IndebtedneSs. and exchange, enforce, waive,
subordinate, fall or decide not to perfect, and release any such security, with or without the substitution of, neW collateralj (d) to release,
substitute, agree not to sue, or deal with anyone or more of Borrower's sureties, endorsers, !)r other guarantors on any terms or In any
manner Lender may choosej (e) to determine how, when and what application of payments and credits shall, be made on the Indebtedness;
(I) 10 apply such security and direct the order or manner of sale thereof, Including without limitation, any nonjudicial sale permilled by Ihe
terms of the controlling security agreement or deed of trust, as Lender In Its discretion may determlnej (g) to sell, transfer, assign, or grant
partlclpaUons In all or any part of Ihe Indebtedness; and (h) 10 assign or Iransfer this Guaranty In whole or In part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guaranlor represents and warrants to Lender that (a) no represenlatlonsor agreements
of any kind have been made to .Guarantor which would limit or qualify In any way the terms of this Guaranty; (b) this Guaranty is executed at
Borrower'S request and not at the request of Lender; (c) Guarantor has full power, right and authority to enter Into this Guaranty; (d) the provisions of
this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result In a violation
of any law, regulation, court decree or order applicable to Guarantor; (8) Guarantor has not and will nOl, without the prior wriUen consent of Leoder,
sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of ail or SUbstantially all of Guarantor's assels. or any Interest therein; (t) upon
Lender's request, Guarantor will provide to Lender financial and credit Information In form acceptable to Lender, and all such financial information
which currently has ;been, and all future financial information which will be provided to Lender is and will be true and co~rect in all material respects, and
fairly pr~sent the financial condition of Guarantor as of Ihe dates the financial information is provided; (9), no matarial adverse change has occurred In
Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may
materially adversely 'affect (3uarantor's financial condition; (h) no litigation, claim, Investigation, administrative proc'eeding or similar action (Including
those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of
Borrower; and (i) Guarantor has e$tablished adequate means of obtaining from Borrower on a continuing basis in'formatlon regarding Borrower's
financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might In any way
affecl Guarantor's risks under this Guaranty, and Guarantor further agrees Ihat Lender shall have no obligation to disclose to Guarantor any information
or documents acquired by Lender in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS, Except as prohibited by applicable law, Guaranlor waives any righllo require Lender (a) to continue lending money or to
extend olher credilto Borrower; (b) 10 make any presentment, protest,demand, or notice of any kind, Inciuding notice of any nonpayment of the
Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser,
or other guarantor in connection wilh the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to resort for
payment or to proceed directly or at once against ,any person, including Borrower or any other guarantor; (d) to proceed directly against or exhaust any
c~lIateral held by Lender from 80rrow~r, any other guarantor, or any other person; (e) to give notice of the terms" time, and place of any public or
private sale of personal property secUrity held by Lender from Borrower or to comply with any other applicable provisions at the Uniform Commercial
Code; (1) to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any
maUer whatsoever.
If now or hereafter (a) Borrower shall be or become insolvent, and (b) the Indebledness shall nol al all times unlll paid be fully secured by collaleral
~ledged by Borrower, Guarantor hereby forever waives and relinquishes In favor ot Lender and Borrower, and their respective successors, any claim or
right to payment Guarantor may noW have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall
Guarantor be or become a "creditor" of Borrower within the meaning of 11 V.S.C. section 547(b), or any successor provision of the Federal bankruptcy
laws.
"~",; ,'(I%W~
~"''''''-I
-
.~. "'~"1-'_r~'I"
..,_mv,""""'"
""
05-14-1999
Loan No 2811088
COMMERCIAL GUARANTY
(~on~inu~d)
Page 2
,
Guarantor also waives any and all rights or defenses arising by reason of (a) any 'one action" or "anti-deficiency' law or any other law which may
prevent lender from bringing any action, Including a claim for deficiency. against Guarantor, before or after Lender's commencement or completion of
any foreclosure action, either Judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or othe/Wise adversely
affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any 105s of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (c) any disability or other defense of Borrower, of
any other guarantor, or of any ottlsr person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full
In legal tender, of the IndebtedneSS; (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the
Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there Is outstanding
Indebtedness ot Borrower \0 Lender which is not barred by any applicable statute olllmitatlOl1S; or (q any delel1Ses given to guarantors at law or ,n
equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or othe/WIse, or by any
third party on the Indebtedness and thereafier Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any
similar per~on under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness .shall be considered unpaid tor the purpose of
enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of
setoff, counterclaim, counter demand, recoupment or similar right, whether such claIm, demand or right may be asserted by the Borrower, the
Guarantor, or both.
GUARANTOR'S UNOERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers sel forth above Is made
with Guarantor's full knowledge of Its significance and consequences and that, un<;1er the circumstances, the waivers are reasonable and not contrary to
public policy or law. If any such waiver Is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the
extent permitted by law or public polley.
LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to
Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a
contractual security Interest In 8(\d a right of setoff against, and Guarantor hereby assigns. conveys, delivers, pledges, and transfers to Lender all of
Guarantor's right, title and intere6t in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in the possession of or
on deposit with Lender, whether held In a general or special account or deposit, whether hald ioinlly with someone else, or whether held for
safekeeping or othe/Wise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised
without demand upon or notice to Guarantor. No sec.urlty Interest or right of setoff shall be deemed to have been waived by any act or conduct on the
part of Lender or by any neglect to exercise such right of setoff or to enforce such security interest or by any delay in so doing. Every right of setoff and
security interest shall continue in full' force and effect until such right of setoff or security Interest is specifically waived. or released by an Instrument in
writing executed by Lender.
SUBOROINATtON OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now
existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower
becomes insatvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the
payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the tndebtedness of Borrower to
lender. Guarantor does hereby assign to lender all claims which It may have or acquire against Borrower or against any assignee or trustee 1n
bankruptcy of Borrower; provided however, that such assignment shall be elfective oniy for the purpose of assuring to Lender full payment In legal
tender of the Indebtedness. If Lender so requests, any notes or credit. agreements now or hereafter evidencing any debts or obligations of Borrower to
Guarantor shall be marked with 8 legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender
hereby Is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute
such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this
Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part 01 this Guaranty:
Amendments. This Guaral1ty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given In writing and signed by the party
or parties sought to be charged or bound by the alteration or amendment.
Applicable, Law. This Gua.ranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there Is a
lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of
Pennsylvania. Lender and Guaran.tor hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or
Guarantor against the other. THis Guaranty shall be governed by and construed in accordance with the laws ,of the Commonwealth of
Pennsylvania.
Attorneys' Feesj Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's
legal Bxp~nses, Incurred in connection with the enforcement of this Guaranty. Lender may pay someone,else to help enforce this Guaranty, and
Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses
whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or
vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs
and such additional fees as may be directed by the court.
Notlce~. All notices required to be given by ei!her party to the other under this Guaranty shall be in writing, may be sent by telefacsimile (unless
otherwise re~ulr~d by,.tIJ~~~. and shall be. effective when actually de!ivered or when deposited with a natlonalluo.qognlzed overnight courier, or
when depoSited In the 'tlOlted States mall, first class postage prepaid, addressed to the party to whom the notide -is to be given at the address
shown abov~ or to s.uch oth~r addresses as either party m~y designate to the other in writing. If there is more than one Guarantor, notice to any
Guarantor Will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep lender informed at all times at Guarantor's
current address.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used In this Guaranty In the singular shall be
deemed to have bee~ used ill the plural where the context and construction so require; and where there is more than one Borrower named in this
Guaranty or when thIS Guarcmty Is executed by more than one Guarantor, the words "Borrower. and "Guarantor. respectively shall mean all and
anyone or ~ore at ~em: T~e words "Guarantor,. .Bor~ower.. and "lender" include the heirs, successors, assigns, ~nd'transfarees of each of
them. Capllon headings In thiS G~a~an.ty. are for conveOle~c~ purposes only and are not to be used to interpret or define the provisions of this
Guaranty. If a court of compstentlunsdlcUon finds any prOVISIon of this Guaranty to be invalid or unenforceable as to any person or circumstance
~uch finding shall not render th~t provision Invalid or unenforceable as to any other persons or circumstances, and all provisions 6f this GuarantY
In all other respects sha.1l remain valid and enforceable. If anyone or more of Borrower or Guarantor are corporations or partnerships, it is not
necessary for lender to inquire Into the powers of Borrower or.Guarantor or of the officers, directors, partners, o~ a~ents acting or purporting to act
on their behalf, and any Indebtedness made or created in reliance upon the professed exercise at such powers."s~all be guaranteed under this
Guaranty.
Waiver. Lende.r s~aJ/ not be deemed to ha~e waived. any righ~s under this Guaranty unless such waiver is given in writing and. signed by lender.
No de,ay or aml~slon on the part of Len~er ~n exerciSing any fight shall operate as a waiver of such right or any other right. A waiver by Lender of
a proviSion of thl~ Guaranty shall not preJudlC? or c~nstitute a waiver of Lender's right otherwise to demand strict compliance with that provision or
an~ other proviSion of this Guaranty. No prior waiver by Lender, nor any ,course of dealing between Lender and Guarantor shall constitute a
w~ver~: a~y of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of'Lender is required
~~e~~ ~u~h uaran~'1 the gra~ing dO! s~c, h consent by Lender in any instance shall not constitute continuing consent to subsequent instances
consen s requ ra an In a cases such consent may be granted or withheld In the sole discretion of lender.
:/J
.'
.~~i
"i
.~~-
, "~
_'f'FT
05-14-1999
Loan No 2811088
(;OMMERCIAL GUARANTY
(Continued)
Page 3
CONFeSSION OF .lUDGIlNEl'lT. QlJARANTOR "iEREBY I,RREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THe..
PROTHONOTAR..... oA CL.E:RK OF ANY COURT IN n I! COMMONWEALTf-t OF PEt..lNSYLVANIA. OR asewHERE. TO APPEAR AT ANY 'TlME FOA
GUARANTOR AFTE;FI A DEFAULT UNDER nus al ARANTY. AND WITH OR WITHOUT COMPLAINT ALEC. AS OF ANY TEAM. CQNFES5 OR
eNTER .JUDGMENT ~INST GUARANTOR FOR ~HE EN"TIRE PRINC\P~L. BA.\...ANCE OF -nue GUMAlI'N'. ALL ACC'F\UED lNTEflEST. lA'TE
CHARGES. AND -ANY AND ALL AMOUNTS EXPENoeo .OR ADVANCED av LENDER RELAnNG TO ANY COUAlliAAL SECURING THE
rNOESn:DNESS TOGETHER WITH INTEFlEST ON 51 ICH AMOUNTS. TOGETHER WITH COSTS OF SUfT. AND AN ATTOANEY"S COMMlSSJpN OF
TEN PERCENT (10%) OF THe UNPAID PRINCIPAL e \LArlCE AND ACCRUED INTEREST FOf' COu,ecTION, BUT IN ANY EVENT NOT L.ESS THAN
Five HUNDRED DOLLARS ($500) ON WHICH JUDGI.ENT OR JUDGMENTS ONE OR MORE EXEC1100NS MAY ISSUE IMMEOfATEL Yo AND FOR
SO DOING. THIS GUARANTY OA A COPY OF Tlil$ GUA.RANTY VeRIFIED BY AFFlO.-VeT SHAlL BE SUFFfClertT WARRANT. THE AUTHORITY
GRANTED IN THiS GUARANTY TO CONFESS JUO'lliMENT AGAINST GUARANTOR SHALL NOT Ge EXHAUSTED BY ANY EXEACl9E of THAT
AUTHORITY. BlIT SHALL CONTINuE FAOM TIME ,(I TIME AND AT AlL TIMes UNTIL. PA,YMENT IN 'FULL OF ALL AMOUNTS Due UNDER THIS
GUAPtANTY. GUAAANTaA HeResv WAIvES ANY FIGHT GUAAA,NTOF( MAY HAVE TO NOTICE OR TO Ii.. HEAFUNG (N CONNECllaN WITH ANY
sUCH CONf!:'ES!UON OF JUOaMENT. EXCEPT AN ( NOTICE!' AND/OR HE.A.AING RIiOUIRED .tjNOEA APPUCASLE LAW WITH RESPECT TO
execuTIoN OF THE .JUDGMENT. AND STATES THI T EITHER A REPRESENTATIVE OF!' LeNDER SPEiCIFICA,LLV CALlED nus CONFes$tON OF
JUDGMENT PROVISION TO GUARANTOR"S A"f1"eNT ON OR GUA.AANTOF\ H.-'$ SEeN F\EPRESe.rreD BY 'NDEPENbGN,T UiGA\.. COUH$e.... 'THE.
UEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTEFlED PURSUANT TO 'THE FOREGOING AUTHOAITV' SHALL. ""OT EXTEND TO ANY
OF GU^RANTOA"S RESIDENTIAL RCAt. PAOPEAlY AS 1"HAT TERM IS DEFINED IN THl! PENNSYLVANIA ACT OF JANUARY 30. 1974 (P". LAWS
1::S, NO_ 6), REFERRED TO AS THe t.OA.N INTEREST. \NO PROTECTION LAW, AS AMENDeD. AND THE HOLDER OF ANY .JUDGMENT OONFEsseD
OR ENTERED PUASUANT TO lliE FORGOING AU- HOFUl'Y SHALL. NOT. IN ENFORCEMeNT OF ANY SUCH JUDGMENT. exl::CUTE, lJiVY OR
on-teRWISE PROCEED AGAINST ANV SUCH AES' )ENTIAL REAL PROPERTY; PAOVIDEO. HOWEVER. TIiAT TI-lE UEN OF SUCH JUDGMENT
SHAlL EXTEND TO SUCH RESIDENTIAL REAL PRC PEATY ANO THAT THE HOLDER iHEREOF SHA1..L. eli PERMIlT&O TO EXECutE. LEVY OR
PAocEw AGAINST SUCH RESIDENTIAL REAL PAC PERTY FROM AND AFTER iHE ENTRY Of: A ..JUDGMeNT AS CONTEMPLAiED ev SECTION
4lJ7 OF SUCH LOAN INTIEflE$T ANO PROTECTION I AW AND flUI..E$ .2901 TO 2.986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE. OR
succeSSOR OR SIMILAR STATUTES AND FtULEH. NO UMITATlON OF LIEN OA ANY ExecunoN, LEVY OR OTHER ENFOFtCEMENT
CONTAINED IN WE IMMEDIATl!LV PRECSDINI3 sa.. fENce SHALL APPL.Y WI'ftt AGsPECT TO ANY JUOGMENT OBTAIHeo OTHER THAN BY THE
FOREGOING AUTHORITV TO CONFess 00 ENTER. UOGMENT.
f!ACH lrNDEllSlGNED Gl1ARAtn"QR ACJ(NOWL6D' JE:S HAVING flEAD ALL nte PROVISIONS OP THIS GUARANTY AND AGREes TO rrs
TERM$.. IN ADDITION. EACH GUARAtfTOR UHDEf STANDS THAT THIS GUARANTY IS EFPI!.eTlVl! UPON GUARANTOR'S exe.cunON AND
DEUVaAY oar THIS iGIIUARANTV' 1"0 &-ENDER AND T iA T TliE GUAFlANTY wrl,.L CONnNUE UNTIL TERMIHATEI) .N THE MANNEA s.ET FORTH
IN THE SECTlON TfTL.ED -gURAnQH OF CUARAN1 'I.-NO FORMAL ACCEPTANCE BY LENOER IS NECESSARY TO MAd THIS GUARANTY
'EfFECTIve. TlUS GUARAKTY IS DATED MAY 14. 1"".
THIS au NTV HAS BEEN SIGNED AND SEALED IVTHe: uNOeASIGNeD~
Signed. ac:kI1owledged and delh,1NI"ftd In the presence ),:
"
Minas..
x
Wi""".
L..A!i1Efl PRO. R;Jd. u.s. PIlL & T.M. CJn'_ v..... 3..26ol11cJ 1999 eFt PmoS.....,s~ ''"''" JIll rights ~__ed. IP'A-I::2O OSTAHD.LN C'.OVL]
'Y
.. . !,~:': ~';' ~;.' .
1}1-,~.A~>>- ',^_ '>"T'"~.-r:-
'""-,
'""""I
.....
-~
'.,~~
"_If
~
,..'.
....;. .'
"' "'
..:'
:,:}...~.:.. .
."
FOR USE WITH GUARANTY CONTAINING CONFESSION OF JUDGMENT CLAUSE
EXPLANATION OF RIGHTS-CONFESSION OF JUDGMENT
1 . On the date hereof, David W. Sarasack residing at 3517 Surrey
Drive, Alexandria, Virginia (the "Guarantor") as Guarantor executed a Commercial
Guaranty ("Guaranty") in favor of Commerce Bank/Harrisburg, N.A., its successors
and assigns ("Commerce") guaranteeing the payment and performance of the
obligations a defined therein. The obligations include loan proceeds issued or to be
issued by Commerce to or for the benefit of Tahoe Corporation d/b/t/a Chesapeake
Bagel Bakery, 910 17'" Street NW, Washington DC, (the "Borrower"). Guarantor
desires to induce commerce to close the loan to Borrower. Guarantor understands
clearly and specifically that by signing the guaranty, which contains a Confession of
Judgment Clause:
(a) Guarantor authorizes Commerce to enter a
Judgment against Guarantor and in Commerce's favor;
which will give Commerce a lien upon any real estate
which the Guarantor may own;
(b) Guarantor gives up the right to any notice or
opportunity to be heard prior to the entry of such
Judgment on the records of the court;
(c) Guarantor' agrees that Commerce can enter the
Judgment after default as defined in the Guaranty or in
any other Related Document or. Related Documents as
defined therein executed by borrower simultaneously
herewith;
(d) Guarantor subjects Guarantor's property, real,
personal and mixed., to execution and sheriff's sale,
pursuant to the Judgment, prior to proof of non-payment
or other default on Guarantor's part;
(e) Guarantor will be unable to challenge the
Judgment, should Commerce enter it except by
proceeding to seek relief from or to open or to strike the
Judgment, and such a proceeding will result in
attorneys' fees and costs which the Guarantor will have
to pay;
(f) Guarantor gives up the right to require Commerce
to present a sworn document setting forth in non-
conclusory terms the basis for its claim before obtaining
a writ of garnishment or a writ of attachment or a writ
of execution;
(g) Guarantor agrees that the writ of garnishment or
writ of attachment or writ of execution may be issued
without notice and without the necessity of a review
and approval by an official vested with requisite
discretion; and
lr:~,~,.:
"'
-,
~ ~.
"I .~~
~
-';'.
..' ,',
. '.~' . . ~ .
. , ::~~ ~::; ::' .~'..;.~' ;: ~ '.:';.' ;:"'
BY'
NA
-- j, I Ii
CONTAINS THE CONFE ;$1 , OF :,UDGMENT CLAUSE. GUARANTOR
UNPERSTANDSTHAT GUA .'1 L ,WOUW HAVE THE FOLLOWING: (al the right
1.0 haV'e notice and an oppon I i V tr be heJ:~i prior to entry of the ,Judgment; (b) 'the
right '[0 have the burden of 0 i a . efault 'est upon Commerce before Guarantor"s
property can be exposed to I: , 1'6t 'chme garnishment or execution; (c) the right
to avoid "the additional expen l ~ brney i fees and costs incident "to seeking relief
from or opening and strikin I a j dgme ; (dJ the right .to require Commerce to
present. a sworn document' in -conclusory terms the basis of its claim
before Commerce obTains a f arnishM nf or e wr:it of attachment or II wriT of
execution; fe) 'the right to co t:e issu~ ce of a writ ot garnishment or a writ of
attachment or a writ of ex : notic~ and review and approval by an officiel
vested with requisite jurisdic , 'he op. nunlty for or right to a prompt hearing
after seiz.ure of 01' levy 01' x U i In of uarantor"s property. at which hearing
Commerce must demonstrat ! t.' ! bb8bt~1 alidity of its claim and that. Guarantor
voluntarily_ Intelligently and : n I 'Iy ga~ up Borrower's constitutional right to
notice and hearing prior 10 en; 0 p ~dgme \ ';
3. Fully, c I p t.y an I" knowingly understanding these rights
which Guarantor has prior t : s 9 j~ the Wi aranty and this in:rtrument and clearly
aware that these rights will i jv'n uP.II aived. relinquished and abandoned if
Guarent.or signs. 'the guara'fl 1 't' ;ns't en"t. GU8T8n1.0r ne"enhele$s 'freel"t and
voluntarily chooses t.o sign r nty a~ I this instrument. Guarantor.s intentions
being 'to give up welve. tell I tnd abi4 don i't$ known rights as' described in
paragraph 2 above). and SOb Ie 1 eFf or fH rserf to the circum$tances described in
paragraph 1 above. : ~'
4. c owled s that lal the Guaramv and thh.
instrument have been execu I l~ 'com I elal tran$iK::tlon for business purposes;
(bl at all times material here at htor WI represen1:ed by counsel in connection
with the execution of the r t I and il very other Related Document. and in
particular the Guaranty and t n 'ment; I nd (e) Guarantor reviewed the Guaranty
and this instrU;.ent w::::: ~ no' i j :::Ji ::f:~~s S::::~::~'requ\r"$' ~I\ ~"rms
used in 'the singular will be Ie: in th~ plural and viee ~er$a... and each gende.r
will include each other gende i ' II
:a1:ed~1ll1 ~ day of May 1 ggg.
I ,
GUARANTOR HAS .READ TH FOR. . GUARANTOR FUllY UNDERSTANDS
ITS CONTENTS AND INTEND' LEG Y BOUND HEREBY.
I Ii
I ~J
il
!1
~l
~I
~I
II
I
I
.,
'I
I
uJ
.,
Iii
J\(t1".\~ '-''''~
',-~
- T ,,'
~
~~r
..-~
.....
";..:.:,:::;:!:.,'
..:. ::-.;. :;~:.~::i{'{-",!:
I.
5510N OF ,JUDGMENT
Borrower:
Commerce Ba:tkltt:anistasrg,. National A5socfat.lon
Mell'l OfIIcefCO.IItIftlllI'e:l.. co.t Cenler
JIl.()~ 8o.8S99
100 Serr.m!I A..,...ue
Camp tfllt. PA 17UCt1.....9lt
Gu..,..nl0r:
David w. 8~
3517 SUr~ 011".
A...ndf1ll. VA 2Z309
C. AFI1!R HAVING RI!AD AND D~IIIIINI!P
'Nt1lALS NEXT TO EACH STATEMENT WHICH Po
INI11ALS
OISCLOSU
SSION OF JUDGMENT
I AlIA EXEcunNG. nus J ~ DAY OF
SSG,taoo..DO OIlUGA-nMQ MI!!! TO REPAY l1tAT AM
A. r UNDE"ST.AND THAT THI! GUA.RANTY CO
ENTER .JUDGMENT' AOJUNST IlIB IN COURT. AFT
OFFeRING ME AN ~flORTUHITY TO DEFEND
. ,.ll A GUARAN1"Y OF' A PROMISSORY NOTe: FOF
OF ,JUDGMENT PAOVtSlON THAT WOULD PERMJT LENDER "to
Ii GUAfIANTT. WITHOUT ADVANCE N01lCETO ME AND WITHOUT
OF .sUDGMENf'. IN 'El(ECUt1NQ THE CUARANT"i'. BEING FULLY
COIllTEST THE VAUOf'U"Y OF ANY ,JUOGIofENT OR OTHeR et.AJ14S
AM kNOWlNGiLY. 'NTIU.UG&NTLY. AND VOLUNTARILY WAMNG
ENTRY OF JUDGMEHT. AND' E>/PRESSLY AGReE AND CONSEJ{f
N AS P"OVlDI!D ~ft IN THI! CONI"I!SSION 0" ..IUDCiIllIfNT
EFt THE RIGHT TO E:NICfI .JUDGMENT AGAINST IIIE WI1lfOUT
AOVlSfON IN nlE GUAAANTY ALSO CONTAINS I..ANGUAGE TJfAT
ON nt~ .JUbGMe:tn" 8Y FOReCLOSING UPON. ATTACHltaG.
AOPERTY. IN FULL OR PARl1AL PAYMENT OF THE ..rUDClMENT.
CABLE LAW IN EJCECU11NQ ANY CONFESSEO J~'MENT. IN
TO ADVANCE NonCE AND A t1EAAtNG AF1'EI=I .JUOGMeNT IS
WlN="V. INTIIUJG&NTLY AND VOWNTARILV WAlVlNcI THESE
amMO 0f\I ntE .nJDGMENT. IN ANY MANNER PERMITTIiD BY
OWING STATEJ.fENTS AAE APPLlCA8~ AND BY PLACINC MY
AT:
1.
L COUNSEL '" eO"NE~" WITH "'J"HE: GUARANtY.
IN ......
D. I CERnFY THAT MY ANNUAL INCOME!
INl'I'IALI!D AND $1fS;Nm lTi A.I'IO 1HAT I AlE
S
.
'" p
1
;!D
THE BLAtlkS '" THIS DISC\.OSIJ'IE WERE FlLLEP IN WHEN I
OF SIGNINGI~
x?-::.p
. .:...:..:..~'if..;Jl;'l:i;..~;t;;'f"S:;;:;; ~w ~~~ ..'1> .~ ~5:~~!.:t~~~
.. .-..... -....... .- .....-. ... --....
.'
!
\
.l."*:~:;;.:~~?l\}E.~~~t-~::~~t€' ..~..,~r~::tT':-:~.:-"-~4~;~~~, ~" '~*J; ,'n. .;, "'!~
Secr..-bry or Ass:lsanl SecretarY
ATTESt",
( Corporate Seal )
,
.
, I
l..A8EA "AO. FIf~ lLS. P~. & T-M.o.f.. "_.:J~"" (<;) 1,",C"""~,~ 1M
Irrg" ftte_&4.1
G Fo1-2t9 aSTAHfI.LN C1.OVL.)
. I
!: I
......, -'I
~
.
Commerce
.BankNA
September 10, 2001
David W. Sanasack
3517 Surrey Drive
Alexandria, VA 22309
RE: Tahoe Corp. d/b/t/a Chesapeake Bagel Bakery
Loan Account #2811088
Dear Mr. Sanasack,
This will serve as formal notification that Tahoe Corporation is in default on the
above loan because the account is still due for the June 14, 2001 payment, the
July 14, 2001, and the August 14, 2001 payment. As a Guarantor on this loan
you are personally liable on this obligation.
Commerce Bank/Harrisburg, N.A. (Commerce) is hereby demanding from you
payment in full of the remaining loan balance no later than the close of business on
September 20, 2001. No partial payments will be accepted. The amount due at
this time is as follows:
Principal
Interest through 9/9/01
Late fees through 9/9/01
TOTAL
$32,863.01
1,036.33
210.76
$34,110.10
The loan continues to accrue interest at the rate of nine and one half (9.50%) per
annum with a current daily interest accrual of $8.67. Should the loan balance not
be paid in full by the close of business on September 20, 2001 as demanded
herein, be advised that the Bank will pursue all legal remedies against you as
explained in the Promissory Note and your Guarantee.
If you have any questions on this matter, you may call me at (717) 972-2881.
r\ereIY, _
U J.J-.----
David C. Amsden
Vice President / Asset Quality
DCA
cc: Guy Beneventano, Esq.
cc: George Gunnett
Via Certified Return Receipt Requested U.S. Postal Service Mail
Via Regular U.S. Postal Service Mail
Commerce Bank. N.A.
P.O. Box 8599
100 Senate Avenue
Camp Hill, Pennsylvania 17001-8599
i~-""~-'
"".' "'.. c_ ,v,'r"_'"' '"-..,._~~""'" ~"_, '''"~ '_ ,_
, '
c;; SENDER:
'C .Complete items 1 and/or 2 for additional services.
'ij -Complete items 3, 4a, and 4b.
: -?iiJit your name and address on the reve\'se of this tam 'SO that we can return this
... card to you. .r ' .
III -Attach thi$ form to the frOnt 01 the Ihailpiace, or on the back jf $pace does not
>!D
_ permit. "
Q) -Writs-Rewm Receipt Reqqestrm" on the mailpiece below the article number.
:5 -The Return Receipt will show to whom the article wall denvered and the date
c delivered. .
o
"C
S
"
a.
e
o
u
3. Article Addressed to:
I also wish to receive the
following services (for an
extra lee):
1. 0 Addressee's AddresS
2. 0 Restricted Delivery
Consull postmester for fee.
" .4a. Article Number
001 0360 0002 3932 9108
40. Service Type
D Registered lJ Certified
D Express Mail D Insured
D Re\um Receipt for Merohandiso 0 COO
7. Date 01 Delivery
ai
u.
"1:.
."
""
'Ii.
51
i;-'.
...-1
::II
iii
~l
]1
~ ,
0'
i\
~I
c.
"I
;:1
I
I
I
i
.___1
B. Addressee's Address (Only If raquastad
and faa is paid)
PS Form 3811. Oecembar 1994
102595'97'B"i',:~;<DOinestic Return Receipt
h'~/'_"
UNITED STATES POSTAL SERVICE
, First'ClaSs.Mail
Postaga & Fees Paid
USPS '
Permit No. G-10
· Print your namEl,~l(jdress, and ZIP CCldEl,in this box.
Commerce BAnk/Harrisburg, NA
P. O. Box 8599
Camp Hill, PA 17001-8599
D. Amsden
i (1)C::l +eS';:i'3
I...III...III..,II.....,III..!,.I,I,I,I..I,I"I.I,.I.I..,,{.11
""
CI
r'I
II""
ru
In
II""
In
Postage $ fhvv fJ'II\.<;
Certified Fee H flG/'-PcJ
.Return Receipt Fee Postmark
H'<e
(Endorsement Required) 'Y/ '16 I
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees $ DA
ru
CI
CI
CI
CI
..n Sent To
~ David W. Sanasack
n ~:;;~'~~:~~~i-...i5.1.7...S.~~-;;~y..D;i;.~_..---.m_.--_...m..........-
CI
~ ciiY:siai,:Zip+.4----..Ai~~..~.-;;;j"~i"i~.--VA--..223.09 ._____m.. .
P& F?r.~ 3800, Janu(l\y2001 \', >1,' I Sert,Beverse for InstructlQns,
'~'_":,,n
""if.1I\ . "'0" .~' ""<(0"1'
" """'".,
,--p.
'." 0'"
-, "
,~,
"11>1
--
~ ,
, .
COMMERCE BANK/HARRISBURG,
N.A.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
DOCKET NO.
DAVIDW. SANASACK,
Defendant
AFFlDA VIT OF LAST KNOWN ADDRESS AND
INCOME AND VERIFICATION OF NON.MILITARY SERVICE
I, David C. Amsden, being duly sworn according to law, depose and say that:
1. I hold the title of Vice President/Asset Quality at Commerce Bank!
Harrisburg, N.A., the Plaintiff in this action, and am authorized to make this
Affidavit on its behalf.
2. Defendant is David W. Sanasack, an adult individual.
3. To the best of my knowledge, information and belief, the income ofthe
Defendant exceeds $10,000 per year.
4. To the best of my knowledge, information and belief, the address of the
Defendant is 3517 Surrey Drive, Alexandria, Virginia 22309.
5. To the best of my knowledge, information and belief, Defendant is not
in the military service of the United States, nor any state or territory thereof, or its
allies as defined in the Soldier's and Sailor's Civil Relief Act of 1940 and
amendments thereto.
,,~~,L",
,~" ~" -" ."-"' -~""',"""k,:-'-"-;-~ "--'C-,"",:,_',
-
'" - ,~, "
;;r
. ,
>
, .
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 19th day
of October, 2001.
ClJ~
David C. Amsden
Vice-President/Asset Quality
Commerce Bank;Harrisburg, N.A.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
P. Beneventano, Esquire
up. Ct. LD. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Defendant
Commerce Bank/Harrisburg, N.A.
Date: October 19,2001
,~~~.
.- ~ 'l ".~_ '-'_J_"__"_V~",",,,,_,_~_,~___,_,,_,, - " ~~,-
- .~.
.. ,. ~
" .
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
On this 19th day of October, 2001, before me, the subscriber, a Notary Public
in and for the Commonwealth of Pennsylvania, personally appeared Guy P.
Beneventano, Esquire, who being duly sworn according to law says that he/she was
personally present at the execution of the foregoing instrument and he
acknowledged that the said instrument was duly executed by David C. Amsden, for
purposed therein contained and in the capacity therein stated, and that the name of
this deponent and of said David C. Amsden subscribed to the said instrument are of
their respective handwritings.
. Beneventano, Esquire
Sworn t~ and subscribed before me
this ~ day of ~j=/' ,2001.
WITNESS my hand and Notarial Seal
the day and year aforesaid.
/J1/L~ ~ d??~
(/
c; Notarial Seal P bile
Melisa M Lucas, Notary U
Harrisburg, Da~PhinoCfumy 2003
My Commission ExpIres c. . "
..'_~ - _" '".") otNotanes
_ "",r,n"I/,\';j_H>_lA<O;SOCbJL n -
Memf'Pf.'-'" ,. -' '
_~~_lI':'lJ
~.\"_'f'.'T<,""'~\,_,,_,,"-- .~. 0 , .<. .~"! _~.~ ,'-'-"^._.c__P","_ ,. .,,'. . ,< _w. ~__
.In.
~, '''",,''''<
"..""-"\'" -", ,1'~_ ."_' "-,,>,.,,- ",,-,' .~""=" -" ~,'~, ,,~-_,., _,,~~_, .__, ,.., "~,"___",,.;,,~~,y --,__., ''''''1 '.'- ',,","_c , ." M'.' "~"~'_ .' '"
."
.
. "
~ [ ~
t ~ ...... 0 CJ (j
!: c -n
:-':". ==> .., -~
6 -n,','O ;')
en, ,".--1 .-.,'.., --q
- ~ -',J 'u --'~
r -' ;'..)
"- - "
...... c..? .,..
....... ~ --' ~---:...\
~ f2 ~~ -~'-J , ~ ~:8
~ ~;,i~? " -,"-}
< n
....;) Pc:. :......) l,.,,-:
\:; ~ ;,( '.11 :..;~
- ::;! Co
f;l1- .<.
-i..
p....,
;~,' ,t""" _,'. J~1!8IWlr~_~
. IV' , "" " ' ~,," ITlJ!~~H"f~1,'''H~Si11'ifr:'liS"f;i-''''~''''~:'~!';~F''''':~,'''''f''~~,- _"~I4II}~lf'~~~_l,,!;-~~,_;___ :]J~Jj)Jhlk,~P
COMMERCE BANKlHARRISBURG,
N.A.,
Plaintiff
VS.
DAVID W. SANASSACK,
Defendant
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6095 CIVIL TERM
PRAECIPE FOR SATISFACTION OF JUDGMENT
TO THE PROTHONOTARY:
Please mark the judgment entered in the above matter satisfied.
Date: September 6, 2006
: ~~c: ," C,"".
1" ~ "-,
','--'-:-',"
"""""I
By:
Respectfully submitted,
METTE, EVANS & WOODSIDE
squire
3401 North Front Street
P. O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
^-,
,
CERTIFICATE OF SERVICE
I certify that on the date stated below, the foregoing Praecipe for Satisfaction of
Judgment was served on the person named below by placing the same in the United States Mail,
postage prepaid, addressed as follows, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure.
David W. Sanassack
3517 Surrey Drive
Alexandria, VA 22309
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
DATED: September 6, 2006
455661v1
.~ ~-'-~' ''''. ,,,~"+^-" -N""~'~'<",~,ry-"';,-", '__-,,:,~"- ~--'_._-.." I', "~_h_r,_ ,'_~_
"<""0-' ,,- ,P,_._ ^ _" _~__
o ~ -~o~-'.- ___-"-_"".&_'-'_~"~--
F~
~~-'~^
j. o'~' , _~'"",,' '"","..:. _~,~-"
tf; ~[
()
C
c:!(:
"
:::;-;
P::7
.;,;
('-
-,
C-',
'"
"'"
<:::::1
C"
C/)
,.....,
",
-c.'
o
'ry
::;::f
n'j_"}]
,--
p:;
c-,
"LJ
.~,,;) '"r",
,-:1
J>
",...
-~--'
~
,_.;",~>'/(lI'i(Wj'i;SiJ~MW'1'lf:W!lif\'%!M!i->;';4<-""WH'~)'lif':W~)'_1,i('fW;~~f,.j~~~