HomeMy WebLinkAbout11-4533I I
FILED-OFFICE
OF THE PROTHONOTARY
BARLEY SNYDER LLC
William F. Colby, Jr., Esquire
Troy B. Rider, Esquire
Court I.D. No. 46880; 206319
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
Plaintiff
SUSQUEHANNA BANK
V.
DYRIC D. SNYDER,
2011 MAY 23 AM 11: 12
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. I I • (1S33 Clv
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of
which is attached to the Complaint filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against the Defendant, as follows:
Principal Balance $ 224,984.35
Interest to and including 4/18/11 2,207.72
Late Fees 2,248.91
Attorneys' Fees 22,944.10
Total $ 252,385.08
Interest continues to accrue at the per diem rate of $19.10 from April 18, 2011,
continuing late fees, and costs of collection.
BARLEY SbWOER LLC
By:
illiam F. C yti Troy B. R er, EsAttorneys for Plaintiff
GLMVM+ f;bj Q
Ct? µ ?Sgq! ? ate]
3200409
N A'c? IW &u -eal
r
FILED-OFFICE
OF THE PROTHONOTARY
BARLEY SNYDER LLC
William F. Colby, Jr., Esquire
Troy B. Rider, Esquire
Court I.D. No. 46880; 206319
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
SUSQUEHANNA BANK
V.
DYRIC D. SNYDER,
Plaintiff
2011 MAY 23 AM 11: 13
t;U PENNSYLVANIA TY
Attorney for Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. ??'y? 33 Cv
COMPLAINT
CONFESSION OF JUDGMENT
1. The Plaintiff, Susquehanna Bank, is a banking corporation maintaining an address
of 2210 Quarry Drive, West Lawn, PA 19609.
2. The Defendant, Dyric D. Snyder, is an adult individual with a last known address
of 627 Martin Drive Mechanicsburg, PA 17055.
3. On June 18, 2008, for value received, in connection with a commercial loan, and
not a consumer transaction, Legend Construction Company, Inc. (the "Business"), issued to the
order of, and delivered to the Plaintiff a certain Promissory Note (the "Note"), pursuant to which
the Business promised to pay to the Plaintiff the principal amount of Five Hundred Thousand
Dollars ($500,000.00), plus interest and late fees thereon as therein provided. A true and correct
copy of the Note is attached hereto, made a part hereof, and marked Exhibit "A."
3200409
4. The Note was modified by an Agreement to Modify dated January 15, 2010,
modifying various terms and condition of the Note as described in the Agreement to Modify. A
true and correct copy of the Agreement to Modify dated January 15, 2010 is attached hereto,
made a part hereof, and marked as Exhibit "B". The Note and Agreement to Modify are
hereinafter collectively referred to as the "Note".
5. As security for the payment and performance of the obligations of the Business
under the Note, the Defendant executed and delivered to the Plaintiff a certain Commercial
Guaranty (the "Guaranty"), dated June 18, 2008; a true and correct copy of which is attached
hereto, made a part hereof, and marked Exhibit "C." A true and correct copy of the Disclosure for
Confession of Judgment is attached hereto, made a part hereof, and marked Exhibit "D".
6. The Business defaulted under the terms of the Note because it failed to pay the
monthly payments due Plaintiff under and pursuant to the Note from January, 2011, and monthly
thereafter.
7. As a result of the default by the Business under the Note, the Plaintiff enters
judgment against the Defendant.
8. Judgment has not been entered on the warrant of attorney contained in the
Guaranty in any jurisdiction.
9. The Guaranty has not been assigned, and the Plaintiff remains the holder hereof.
10. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
11. An itemization of the amount due and owing to the Plaintiff by the Defendant
under the Guaranty, as of April 18, 2011, is as follows:
3200409 2
Principal Balance $ 224,984.35
Interest to and including 4/18/11 2,207.72
Late Fees 2,248.91
Attorneys' Fees 22.944.10
Total $ 252,385.08
Interest continues to accrue at the per diem rate of $19.10 from April 18, 2011,
continuing late fees, and costs of collection.
12. The warrant of attorney contained in the Guaranty provides for the confession of
judgment against the Defendant for the entire principal balance owed under the Note, all accrued
interest, late charges, together with costs of suit and an attorney's commission of ten percent
(10%) of the unpaid principal balance and accrued interest as set forth in Paragraph 11 above.
WHEREFORE, the Plaintiff, prays your Honorable Court to grant judgment in favor of
the Plaintiff and against the Defendant in the sum of Two Hundred Fifty-two Thousand Three
Hundred Eighty-five Dollars and Eight Cents ($252,385.08), plus interest at the per diem rate of
$19.10, from April 18, 2011, and costs of collection.
BAR EY SNY
By:
Willi'Km F. C , Jr_.M44??
Troy B. Ride Esquire
Attorneys for Plaintiff
50 North Fifth Street; P. O. Box 942
Reading, PA 19603
Telephone: 610-376-6651
I.D. # 46880; I.D. # 206319
3200409 3
Susquehann4
Susquehanna Bank
PROMISSORY NOTE
References In the boxes above are for Lender s use a and do not Umh the apoNcabUUy of this document to any particular loan or item.
Any item above contalnirg ww•. has been ore due to text length limitations
Borrower: Legend Construction Company, Inc. Lender: Susquehanna Bank
2647 Camegle Road Whiteford Road Once
York, PA 17402-3786 2951 Whiteford Road
York, PA 17402
Principal Amount: $250,000.00 Date of Note: March 24, 2009
PROMISE TO PAY. Legend Construction Company, Inc, ("Borrower') promises to pay to Susquehanna Bank ("Lender") or order, In lawful
money of the United Steles of America, on demand, the principal amount of Two Hundred Fifty Thousand b 001100 Doltars (:250,000.00) or
so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated
from the date of each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan In full Immediately upon Lenders demand. Borrower will pay regular monthly payments of all accrued
unpaid Interest due as of each payment date, beginning April 24, 2009, with all subsequent Interest payments to be due on the same day of
each month after thaL Unless otherwise agreed or required by applicable law, payments will be applied to accrued unpaid billed Interest, then. to
principal and any remaining amount to any unpaid collection costs and late charges. Borrower will pay Lender at Lenders address shown above
or at such other place as Lender may designate In writing.
VARIABLE INTEREST RATE. The Interest rate on this Note Is subject to change from time to time based on changes in an independent Index
which Is the Prime Rate as published In the Money Rates secton of the Wall Street Journal. When a range of rates has been published, the
higher rata will be used (the 'Index"). The Index is not necessarily the lowest rate charged by Lender on its bans. If the Index becomes
unavailable during the tern of this ban, Lender may designate a substitute Index after notifying Borrower. Lender will tell Borrower the current
Index rate upon Borrowers request. The Interest rate change will not occur more often than each day. Borrower understands that Lender may.
make loans based on other rates as well. The Interest rate to be applied to the unpaid principal balance of this Note will be calculated as
described in the "INTEREST CALCULATION METHOD' paragraph using a rate equal to the Index. NOTICE: Under no circumstances will the
interest rate on this Note be less than 4.500% per annum or more than the maximum rate allowed by applicable law.
INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 3651360 basis; that Is, by applying the ratio of the Interest rate
over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is
outstanding. AN Interest payable under this Note is computed using this method.
PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands tat Lender Is
entitled to a minimum Interest charge of .$25.00. Other than Borrowers obligation to pay any minimum Interest charge, Borrower may pay
without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender In writing, relieve
Borrower of Borrowers obligation to continue to make payments of accrued unpaid interest Rather, early payments will reduce the principal
balance due. Borrower agrees not to send Lender payments marked *paid In full", "without recourse", or similar language. If Borrower sends
such a payment, Lender may accept it without losing arry of Lenders rights under this Note, and Borrower will remain obligated to pay any
further amount owed to Lender. AN written communications concerning disputed amounts, khcluding any check or other payment Instrument
that kdlates that the payment constitutes "payment In fulr of the amount owed or that Is tendered with other conditions or limitations or as
full satisfaction of a disputed amount must be mailed or delivered to: Susquehanna Bank do Loan Operations, P.O. Box 2010 Lititz, PA 17543.
LATE CHARGE. If a regularly scheduled Interest payment Is 10 days or more late, Borrower will be charged 10.000% of the regularly scheduled
payment or $20.00, whbhewr is greater, If Lender demands payment of this ban, and Borrower does not pay the loan In full within 10 days
after Landers demand, Borrower also oral be charged either 10.000% of the sum of the unpaid principal plus accrued unpaid Interest or $20.00,
whIchewr Is greater.
INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the Interest rate on this Note shall be Increased by
adding a 4.000 percentage point margin ("Default Rate Margin"). The DefauA Rate Margin shell also apply to each succeeding inter" rate
change that would have applied had there been no default. If judgment Is entered in connection with this Note, Interest will continue to accrue
after the date of judgment at the rate In effect at the time judgment is entered. However, In no event will the interest rate exceed the maximum
interest rate limitations under applicable law.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance under this Note and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES: EXPENSES. Lender may hie or pay someone, else to help coiled this Note N Borrower does not pay. Borrower will pay
Lender that amount. This includes, subject to any Umite under applicable law. Lectors reasonable attorneys' fees and Lenders legal expenses,
whether or not them Is a lawsult, including reasonable attorneys' fees, expenses for bankruptcy procbedkups (Including efforts to modify or
vacate any automatic stay or Injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to
all other sums provided by law.
GOVERNING LAW. This Note will to governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to its conflicts, of law provisions. This Note has been accepted by Lender In the
Commonwealth of Pennsylvania.
CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lenders request to submit to the jurisdiction of the courts of York County,
Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law. Lender reserves a right of setoff In all Borrowers accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and an accounts Borrower may
open in the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by
law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any
and all such sooounts, and, at Lenders option, to administretlvety freeze all such accounts to allow Lefler to prated Lenders charge and setoff
rights provided In this paragraph.
COLLATERAL. Borrower acknowledges this Note Is secured by the following collateral described in the security instrument listed herein:
Inventory, chattel paper, accounts, equipment and general Intangibles described In a Commercial Security Agreement dated March 24, 2009.
LINE OF CREDIT, This Note evidences a revolving line of credit Advances under this Note may be requested either orally or In writing by
Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. All communications,
Instructions, or directions by telephone or otherwise to Lender are to be directed to Lenders office shown above. The following person or
Persons are authorized to request advances and authorize payments under the line of credit until tender receives from Borrower, at Lenders
address shown above. written notice of revocation of such suthorky: Dyris O. Snyder, Via p_kknVfreeaurp of Legend Construction
Company, Inc.; and Mitchell L Seltz lhsslderatiSscrstary of Legend Conetructierh Company. Inc Son*~ agrees to be Noble for ail sums either.
(A) advanced in accordance with the instructions of an authorized parson or (B) credited to any of Borrowers accounts with Lender. The
unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Landers Internal records,
including dally computer prim:-outs. Lender will have no obligation to advance funds under this Note IF. (A) Borrower or any guarantor Is in
default under the terms of this Note or any agreement that Borrower. or any guarantor has with Lender, Including any agreement made In
connection with the signing of this Note: (e) Borrower or any guarantor ceases doing business or Is Insolvent; (C) any guarantor seeks, daims
or otherwise attempts to limit, modify er revoke such guarantors guarantee of this Note or any other ban with Lender, (D) Borrower has
applied funds provided pursuant to this Note for purposes other than -those authorized by Lender or (E) Lender in good faith behaves itself
Insecure.
SHARING OF ACCOUNT INFORMATION, The Lender and the companies In the Susquehanna Bancshares, Inc. family offer a full range of
valuable financial services. We an better serve your needs by sharing Your account information within our corporate family. The Borrower
authorizes the Lender and the companies that comprise the Susquehanna Bancshares. Inc. corporate family to disclose to any of Susquehanna
Bancshares, Inc. existing or AM" subsidiaries, gflfttes, and assigrha, and to any potentlal assignee or transferee, any Information (including
information received from third persons) in or relating to (n the Borrower, 01) this ban, (IN) any other kerns you have previously obtained or may
El{I?BIT A
Loan No: 10006634777
Page 2
from time to time obtain from us or any of the Susquehanna Bancshares, Inc, family of companies in the ftdure; and
any type or nab" and other relationships the Borrower has previously established or may from time to time establish with ny uoo the
usquehamar Bancshares, Ina family of companies In the future.
SIGN AND ADVERTISING. At Lenders request, Borrower shall. place a sign at a location on the property satisfactory to Lander, which
recite, among other things. that Lender Is financing the Project Borrower sign shag
expressly authorizes; Lander to Include the, project and maned yea: echo no" orieloas shad such a other any as Lander may elect. during project term and hereafter for aeperod not to
Y photographs, film or electronic ng of Somowees representatives made
in connection with the project and permits inclusion of the terra of the project financing In wry project or by Lander Internet communications. This provision shin not be construed to
t ey media selected by Lander l it I any media
presentations. The consideration hereunder is agreed to be applicable to require provi ; no additional hcompensation peor to all Include
any sign or advertising by Lender.
due to Borrow re fie
FINANCIAL STATEMENTS. Borrower agrees to furnish Lander with the following:
-A mual Statements. As soon as "able, but in no event later hen one hundred twenty (120) days after the end of each fiscal year,
Borrowers balance sheet and income statement for the year ended, prepared by Borrower.
.Aax Retum& As soon as available, but M no event later than thirty (30) days after the applicable filing date for the tax reporting period ended,
Federal and other governmental tax returns, prepared by Borrower.
SUCCESSOR INTERESTS. The terms of this Note shah be binding upon Borrower, and upon Borrowers heirs, personal representatives,
successors and assigns, and shah Inure to the benefit of Lender and Its successors and assigns.
GENERAL right?Sdeclare ION& y seNo a this payable on on demand. de mend If The Inclusion of specific default provisions or rights of Lender shall not preclude
Note. Lender may delay or forgo enforcing any of its rights or remedies under hIis ocannot be te without losing hem ?eBBorrower ands n t other rest of the
who signs, guarantees or endorses this Note, to he extent allowed by low. waive presentment, demand for any person
Upon any change In the, terms of this Note, and urges otherwise expressly stated in wrftl payment, and notice of as maker,
guarantor, accommodation maker or endorser, shall be released from liability. All, such pates who cat this Note, whether as maker,
(repeatedly and for any length of time) his loan or release any party or guarantor or collateral; or Icaeca??ca that Lender may renew t Lend ndend
security Interest in the collateral; and take any other action deemed necessary by Lender without . fall to of realize or n upon or perfect ers
parties also the than a or notice to anyone. All such
agree that Lender may modify his loan without he consent of or notice to anyone other en the pay will whom the modification
Its nmade. The ot exec hoblligations under We Note we joint and several. If any portion of his Note Is for any reason determined to be unenforceable, It
will enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT
AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND
ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
O
F SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COLLECTION, BUT IN ANY
MORE EXECUTIONS MAY ISSUE MMENOT DIATELY; AND FOR SO DOING, THIS THID g DOLLARS OR A COPY OF THIS NO VERIFIED BY AFFIDAVIT SHALL
BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE
E
XHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN
FULL OF ALL
HEARING N CONNECTION WITH ANY SUCH CONFESSION OF HERESY WANES ENT ANp?TEs THAT E? A MAY HAVE TO REPRESENTTATTIIVECOF?LENDER
SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS OMEN UNDER SEAL AND IT IS. INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
LEG CONSTRUCTI
B
y: Oyric D. Snyder, Seal)
Construction Company, Inc.
PROMISSORY NOTE
(Continued)
By..
(Seal)
ConsMUction Company .c o Legend
u?1H.DlM}Nr. Mt0400f 4.1bYti,Y,n[Y AYWRpnIM.1001 M.V+ttirwt .M Mf?y?,µKMCI/L/UDf.K 1RdtM hill
AGREEMENT TO MODIFY
?
This Agreement made this / day of January, 2010, between LEGEND CONSTRUCTION
COMPANY, INC., hereinafter referred to as "Borrower," and SUSQUEHANNA BANK PA, now known as
SUSQUEHANNA BANK, hereinafter referred to as "Lender."
WHEREAS, the Lender is the holder of a Promissory Note, account number 10004920624, to secure
the original principal sum of Five Hundred Thousand and 001100 Dollars ($500,000.00), given by Borrower to
Lender dated June 18, 2008, which is secured by certain collateral therein described, hereinafter referred to as
"Note."
NOW, THEREFORE, it Is agreed between the parties, in consideration of mutual benefits accruing to
both parties and for other good and valuable consideration, that the Note shall be modified as follows:
1. Borrower will pay this loan in full upon Lender's demand. Until such demand is made, Borrower will
continue to pay regular monthly payments of all accrued interest to be due and payable on the 18th day
of each month.
2. The interest rate on this loan shall continue to be variable and charged based on the One Month
LIBOR, rounded up to the nearest one hundredth of one percent, plus 225 basis points (2.25%), as
published on the first business day of each week in the Money Rates column of the Wall Street Journal,
to be effective the second business day of each week. The interest rate change will not occur more
often than each month.
3. Lender and Borrower agree that under no circumstances will the interest rate on the Note be less than
4.50% per annum.
4. Future advances under the Note (as outlined in the Conditions for Advances section) shall now be
modified so that Borrower shall have the option to choose the interest rate applied to each advance
between the Prime Rate as published in the Money Rates section of the Wall Street Journal or fixed
rate as offered. Under no circumstances will the interest rate for advances under the Note be less than
4.50% per annum.
The terms of the Note shall be modified as set forth above without any discharge or release of the
indebtedness.
All the terms, conditions, stipulations, and prohibitions contained in the said Note not inconsistent
herewith are hereby ratified and confirmed and remain in full force and effect.
This Agreement shall be binding on and inure to the benefit of the parties hereto, their heirs, executors,
administrators, successors, and assigns.
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year aforesaid.
BORROWER:
Witness: w,
Witness: h( .?.Q ve Wa.?
Wtness: _ ` " fem. j VEI- 1 ?/__
Witness: 7vlr,?.. f? 7e I,/
LEGE SUCTION CQMEAUX INC
By.
Dy nyd , Vice
PxasWent-
By
?-(Seal)
Mitchell L. Seitz, r re ary
G ANTOR .
(Seal)
Dync . Snyder
1
(Seal)
Nfitchell L. Seitz
SUSQUEHANNA 13ANKK
.By: ' /V I?L
W. Caler, Vice President
EXHIBIT 0
COMMERCIAL GUARANTY
References in the boxes above are for Lenders une only and do not omit the appllgbil of this document to any particular ban or item.
Any item above containing ^'^ has been omitted due to text length limitations
Borrower: Legend Construction Company, Inc. Lender: Susquehanna Bank
2647 Carnegie Road Whiteford Road Office
York, PA 17402-3786 2951 Whiteford Road
York, PA 17402
Guarantor: Oydc D. Snyder
627 Martin Drive
Mechanicsburg, PA 170554034
GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees
full and punctual payment and satisfaction of the Indebtedness of Borrower to lender, and the performance and discharge of all Borrower's
obligations under the Note and the Related Documents. This Is a guaranty of payment and performance and not of Colleetan, so Lender can
enforce this Guaranty against Guarantor even when lender has not exhausted Lenders remedies against anyone else obligated to pay the
Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make
any payments to Lender or Its order, on demand, in legal tender of the United States of America, in same-day funds, without setoff or
deduction or counterclaim, and Will otherwise perform Borrowers obligations under the Note and Related Documents.
INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any
one or more times, accrued unpaid Interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable
attomeys' fees, arising from any and all debts, NabNitia and obligations that Borrower ImOvIdually or collectively or Interchangeably with others,
owes or will owe tender under the Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and
substitutions of the Note and Related Documents.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lenders rights under all guaranties
shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or Invalidate any such other guaranties.
Guarantors liability Will be Guarantors aggregate liability under the terms of this Guaranty and any such other untenninated guaranties.
CONTINUING GUARANTY. THIS GUARANTY ENCOMPASSES A LINE OF CREDIT AND GUARANTOR UNDERSTANDS AND AGREES THAT
THIS GUARANTY SHALL BE OPEN AND CONTINUOUS UNTIL THE INDEBTEDNESS IS PAID IN FULL AND THE LENDER DECLARES THAT THE
LINE OF CREDIT IS FULLY SATISFIED, PERFORMED AND TERMINATED.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continue In full force until all the Indebtedness shall have been fully and finally paid and satisfied and
all of Guarantors other obligations 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 Guarentor under this Guaranty. A revocation Lender receives from any one or
more Guarantors shah not affect the liability of any remaining Guarantors under this Guaranty. This Guaranty covers a revolving line of credit
and R Is specifically anticipated that fluctuations Willi occur In the aggregate amount of the Indebtedness. Guarantor specifically acknowledges
and agrees that fluctuations In the amount of the Indebtedness, even to zwo dollars (t 0.00), shelf not constitute a termination of this Guaranty.
Guarantors liability under this Guaranty shall terminate only upon (A) termination in writing by Borrower and Lender of the One of credit, (B)
payment of the Indebtedness In full In legal tender, and (C) payment In full In legal tender of all of Guarantors other obligations under this
Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantors
NsbMty under this Guaranty, from time to time: (A) to make one or more,eddkbnai secured or unsecured loan to Borrower, to lease
equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (8) to after, compromise, renew, extend,
accelerate, or otherwise change one or more tines the time for payment or other tams of the Indebtedness or any part of the Indebtedness,
Including Increases and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer tun the
original ban tern; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive,
subordinate, fall or dedde not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release,
substitute, agree not to sus, or deal with any one or more of Borrowers sureties, endorsers, or other guarantors on any terms or In any manner
Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the kMsbtedness; (F) to
apply such security and direct the order or manner of sale thereof, Including without limitation, any nonjudidal sale permitted by the terms of the
controlling security agreement or deed of trust, as Lender In Its discretion may determine; (G) to sell, transfer, assign or grant participations In
all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty In whole or in part
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or quality in any way the terms of this Guaranty; (B) this Guaranty Is
executed at Bonowees 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 low, regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, loose, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantors assets, or any interest therein; (F) upon Undoes request, Guarantor will provide to Lender financial and credit Information In form
acceptable to Lender, and all such financial Intorrnation which currently has been, and all future financial Information which Will be provided to
Lender Is and will be true and correct In all material respects and fairly present Guarantors financial condition as of the dates the financial
Information Is provided; (G) no material adverse change has occurred In Guarantors financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation, claim, investigation, administrative proceeding or almNar action (Including those for unpaid taxes) against Guarantor is pending or
threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established
adequate means of obtaining from Borrower on a continuing bash dnformston regarding Bomowees financial condition. Guarantor agrees to
keep adequately Informed from such means of any fads, eve ta, or circumstances which might In any way affect Guerentars risks under this
Guaranty, and Guarantor further agrees that 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 FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following:
Annual Statements. As soon as available, but In no event later than one-hundred-twenty (120) days after the end of each fiscal year,
Guarantor's balance sheet and Income statement for to yea ended, prepared by Guarantor.
Tax Returns. As soon as available, but In no event later than fifteen (15) days after the applicable filing date for the tax reporting period
ended, Fed" and other governmental tax returns, prepared by Guarantor, .
All financial reports required to be provided under this Guaranty shall be prepared In accordance with GAAP, applied on a consistent basis, and
certlfled by Guarantor as being true and correct
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waNea any right to require Lender (A) to continue lending
money or to extend other credit to Borrower, (B) to make any presentment protest, demand, or notice of any kind, Including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonection on the part of Borrower,
Lender, any surety, endorser, or other guarantor In connection with the IndeblAdrsss or In connection with the creation of new or additional
bons or obligation (C) to resort for payment or to proceed directly or at owe against any person. Including Borrower or any other guarantor,
(o) to proceed directly against or exhaust any collateral told by Lender from Borrower, 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 Larder from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other rnnedy within Lenders power, or (G) to commit any
act or omission of any kind, or at any time, with respect to any matter whatsoever.
Guarantor also wahres any and all rights or defenses based on saelyship or Impairment of collateral including, but not limited to, any rights or
defenses arieng by reason of (A) any "ore action" or •aril.de0lency- law or any other IoW which may prevent Lender from bringing any
action, Including a Balm for deficiency, against Guarantor. before or after Lenders 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 otherwise adversely affects
Guaa Guarantor subrogation pri is w Guarantors rights to Proceed against Borrower for reimbursement, Including without limitation, any bas of
Y sy by reason of any law Mrnith . qualifying. or discharying the Indebtedness; (C) any dlsablNty or other defense of
Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrowers liability ham any puss 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 tkne any action or suit brought by Lender against
EXHIBIT C
COMMERCIAL GUARANTY
Loan No: 10006634777 (Continued)
waramor is commenced, there is outstanding indebtedness which. Is not barred by any applicable statute of lkrhitatlons; or (F) any defenses
given to guarantors at law or in equity other than actual payment yid performance of the irMe6bdness. It payment Is made Borrower,
whether voluntarily or otherwise, or by any third party, an the Indeblsdnees aid thereaftar Ladder Is forced to remit the amount oft hat payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shag be considered unpaid for the purpose of the enigeement 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 a". counterclaim, counter demand, mccupmernt or similar right, whether such claim, demand or right may be asserted by the
Borrower, the Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and egress that each of the waivers set forth above is
made with Guarantor's full knowledge of Its signltaance and consequences and that, under 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 policy.
RIGHT OF SETOFF. To the extent permitted by applicable law. Lender reserves a right of a" In all Guarantors accounts with Lender
(whether checking, savings, or some other account). This Includes all accounts Guarantor holds jointly with someone also and all accounts
Guarantor may open In the future. However, this does not include any IRA or Keogh accounts, or arty trust accounts for which setoff would be
prohtoited by law. Guarantor authorizes Lander, to the extent permitted by applicable law, to hold thew funds if there Is a default, and Lender
may apply the funds In Ithese accounts to pay what Guarantor owes under the terms of this Guaranty.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR, Guarantor agrees that the Indebtedness, whether now existing or hereafter
created, shelf be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
insolvent 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,
thror+tih benlwptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
payment hof the dolma of both Lender and Guarantor shah be paid to Lender and ahst[ be first applied by Lander to the Indebtedness.
Guarantor roes hereby assign to Lander all claims which It may hen or acquire against Borrower or against any assignee or trustee In
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assurl to Lender full legal tender of the Indebtedness. If Lender so requests,
any notes or credit agreements now or hereafter evidencing any debts or obligpant In
eations of
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lander. Guarantor
agrees, and Lender is hereby authorized, In the name of Guarantor, from time to time to file financing atatelnents and continuation statements
and to execute documents end 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 of this Guaranty:
Amendments. This Guaranty, 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 the. charged or bound by the ateraton or amendment
Attorneys' Fees; Expanses. Guarantor agrees to pay upon demand AN of Lenders costs and
attorneys' fees and Landes legal expenses. Incurred in connection with the enforcement of Oft Guaranty. ?• Including Lenders reasonable
someone Also to help enforce this Guarany and Guarantor shop pay the costs end expenses of such anforownent Lender Goats may and Bhire a pay
Include Lenders reasonable attorneys' fees and legal expenses whether or not there Is a lawsuit, Including reasonable fees and
legal expenses for bankruptcy proceedings pno efforts to o mod or vacate , o reasonable attorneys' fees and
any
anticipated posi Judgment collection services. Guarantor also ahaN pay a l pay all court cosh any aid such automatio c stay stay additional or fees as may es as may be appeals, directed
and by the
curt
Caption Guaranty. Caption headings In this Guaranty are for convenience purposes only and are not to be used to Interpret or define the of this
teeming Law. This Guarerhly wilt be govemad by =18 w APPNceble to Lands and, to the extent not preempted by fedora[ law, the
Conhmonweslth tit Perahsyhrada without Ifs QOrhlNdb of law provlelons.
Choice of Venue. I there is a lawsuit, Guarantor agrees upon Lenders request to submit to the Jurisdiction of the courts of York County,
Commonwealth of Pennsylvania.
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty, Guarantor has had the
opportunity to be advised by Guarentors attorney with reaped to this Guaranty; the Guaranty fully reflects Guarantors intentions and parol
required to Interpret the terms of this Guaranty. Guarantor hereby Indemni les and holds Lander harmless from all losses,
claims, damages, and costs (Including Lenders Attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. In all cases where mere is more than one Borrower or Guarantor, then all words used In this Guaranty In the singular shall
be deemed to have been used In the plural where the context and construction so require; and where there Is more than one Borrower
named In this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words 'Borrower' and 'Guarantor'
respectively shall mean all and any one or more of them. The words 'Guarantor,' "Borrower," and 'Lender' include the heirs, successors,
assigns, and transferees of each of them. If a avert finds that any provision of this Guaranty is not valid or should not be enforced, that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore , a avert will enforce the rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be Invalid or unenforceable. If any one or more of
B grower or Guarantor are corporations, partnerships, limited Habliity, companies, or similar entitles. It Is not necessary for Lender to inquire
their hehars of y Borrower or Guarantor r tor of the reated Inf re officers, ure?re, partners, managers, or other agents acting or purporting to act on
Guaranty. alf, Pch the professed exercise of such powers shall be guaranteed under this
be actually effective other therwise provided bye applicable
soap es
when actual' any notice ?? to be given under this Guaranty shall be given in writing, and
ly received by teiefacaknne (urdess otherwise required by law), when deposited with
a nationally recognized overnight courier, or, I mailed, when deposited In the United States mall, as first class, eerthled or registered mail
postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Any party may change Its address for notices under
this Guaranty by giving formal written notice to the other parties, specNying that the purpose of the notice Is to change the party's address.
For notice purposes, Guarantor agrees to keep Lender Informed at all tines of Guarantors current address. Unless otherwise provided by
applicable law, If there Is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all
Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lander in exercising any right shag operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shag not prejudice or constitute a waver of Landers right otherwise to demand
strict compliance with that provision or any other provision of No Guaranty. No prior waterer by Lander, nor any course of dealing between
Lends and Guarantor, shall constitute a waiver of any of Lenders rights or of any of Guarantors obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute
contnuing consent to subsequent Instances where such consent is required and in all cases such consent may be granted or withheld in
the sole discretion of Lander.
Successors And Assigns. The terns of this Guaranty shall be binding upon Guarantor, and upon Guarantors heirs, personal
representatives, successors, and assigns, and shall to enforceable by Lander and Its successors and assigns.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shag Include the singular, as the context may require. Words and terms not otherwise
defined in this Guaranty shall have the meanings attributed to such terns In the Uniform Commercial Code:
Borrower. The word "Borrower' means Legend Construction Company, Inc. and includes all co-signers and co-makers signing the Note and
all their successom and assigns.
GAAP. The word "GAAP" means generally accepted accounting principles.
Gu?9nhhrr..aThsssors eeww Ouua anti[ means everyone signing this Guaranty, including without limitation Dyric D. Snyder, and in each case,
Guaranty. The word "Guaranty' means this guaranty from Guarantor to Lender.
Indebtedness. The word 'Indebtedness' means Borrowers Indebtedness to Lender as more particularly described in this Guaranty.
COMMERCIAL GUARANTY
Loan No: 10006634777 (Continued) Page 3
Lender. The word "Lender" means Susquehanna Bank, its successors and assigns.
Note. The word "Note" means the promissory note dated March 24, 2000, In the original principal amount of $250,000.00 from Borrower
to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, ban agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments,
agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE
CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500)
ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR
A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY
TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL
CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY.
GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY 13 DATED MARCH 24, 2008.
THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GU OR:
X - i Scat)
D
Wei AOl"6R W. NiiJm yt.lYw, MAY M,?w Ya t,II.IDeA N WiY IO?wI . M ,4YIpgIBIMMIICAlR1Fa.R Tw?Yf Mw
DISCLOSURE FOR CONFESSION OF JUDGMENT
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "*'*" has been omitted due to text length limitations.
Borrower: Legend Construction Company, Inc. Lender: Susquehanna Bank
2647 Carnegie Road Whiteford Road Office
York, PA 17402-3786 2951 Whiteford Road
York, PA 17402
Declarant: Dyric D. Snyder
627 Martin Drive
Mechanicsburg, PA 17055-6034
DISCLOSURE FOR CONFESSION OF JUDGMENT
1, 41-c-L
I AM EXECUTING, THIS - '- DAY OF '4k 2001 A GUARANTY FOR A PROMISSORY NOTE FOR
$250,000.00 OBLIGATING ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT
OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE
OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT
LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE
RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO
LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD
PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE
JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL
OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE
AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND
VOLUNTARILY WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE
JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, i REPRESENT THAT:
INITIALS
1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY.
FT2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY
O MY ATTENTION.
.
D. i CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
DECLA
X (Seal)
Dy r
lA3ER PRO LW4", Vp. 5.43.0.003 Cqr. H--d FM..W SWWWM Rm 1997,20M. M Matti. Rw . PA H:15U30UEHM3IAICFFLK0W.FC 7R4036 M-W
FIfH1BU Q
VERIFICATION
James Oswald verifies that he is the Senior Vice President of Susquehanna Bank, Plaintiff
in the within matter, that he is authorized to execute this Verification on its behalf, and that the
facts set forth in the within Complaint are true and correct to the best of his knowledge,
information and belief. He understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: 51191))
3200409
I-
BARLEY SNYDER LLC
William F. Colby, Jr., Esquire
Troy B. Rider, Esquire
Court I.D. No. 46880; 206319
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
rE ED-of FICE
Z4tt ? kj 23 AM t1 13
CUMBERL Y??ANIATY
? NKS
Attorney for Plaintiff
SUSQUEHANNA BANK
V.
DYRIC D. SNYDER,
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No.// - q S3 3 Ltl'. l
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANTS' RIGHTS
TO: DYRIC D. SNYDER
DATE: MAY 2?3 , 2011
A judgment in the amount of $252,385.08, plus interest at the rate per day rate of $19.10
from April 18, 2011, plus late fees and costs of collection has been entered against you and in
favor of the Plaintiff, Susquehanna 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 sheriff may take your money or other property to pay the judgment at any time after thirty
(30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
3200409
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
34 S. Bedford Street
Carlisle, Pennsylvania
717-249-3166
Respectfully submitted,
BARLEY SNYDER LLC
By
3200409
BARLEY SNYDER LLC
William F. Colby, Jr., Esquire
Troy B. Rider, Esquire
Court I.D. No. 46880; 206319
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
FILED-OFFICE
THE PROTHONOTARY
2011 MAY 23 AM I11 14
CU PBE NSYL A 1A TY
Attorney for Plaintiff
SUSQUEHANNA BANK COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION - LAW
DYRIC D. SNYDER,
Defendant No. I/ - yS" 3 3
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I, William F. Colby, Jr., Esquire, Attorney for the Plaintiff, hereby certify to the best of
my knowledge, information and belief that the name and current address of each party is as
follows:
The address of the Plaintiff, Susquehanna Bank, is 2210 Quarry Drive, West Lawn, PA
19609.
The last known address for the Defendant, Dyric D. Snyder, is 627 Martin Drive,
Mechanicsburg, PA 17055.
Respectfully submitted,
BARLEY N?YDE
BY: G? T r'
Troy B. Rider-,quire
I.D. No. 46880; 206319
uire
3200409
F I! ED-Of ICE
L THE PPOTHONOTAM
BARLEY SNYDER LLC
William F. Colby, Jr., Esquire
Troy B. Rider, Esquire
Court I.D. No. 46880; 206319
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
2011 MAY 23 AM 11: 14
PENNSSYLVANIA TY
Attorney for Plaintiff
SUSQUEHANNA BANK
V.
DYRIC D. SNYDER,
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 1 C" T'5 33 c.-.,,l
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BERKS
ss
Before me, the undersigned authority, personally appeared JAMES OSWALD, who being duly
sworn according to law, doth depose and say that Dyric D. Snyder, the Defendant, is not in the
Military or Naval Service based on the following facts:
Age of Defendant: Unknown
Last known place of employment: Legend Construction Company, Inc.
Last known place of residence: 627 Martin Drive
BARLEY SNYDER LLC
William F. Colby, Jr., Esquire
Troy B. Rider, Esquire
Court I.D. No. 46880; 206319
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
It-pDpOYION?`?ARY
3f ;AE
2QitMA`?23 AMti?t
CUMBERLOD couN"?c
PENNSYLVANIA
Attorney for Plaintiff
SUSQUEHANNA BANK
V.
DYRIC D. SNYDER,
Plaintiff
ndant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. iI-q.?j?
AFFIDAVIT OF BUSINESS PURPOSE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BERKS
ss
Before me, the undersigned authority, personally appeared JAMES OSWALD, who being
duly sworn according to law, doth depose and say that the Promissory Note and Commercial
Guaranty which are the subject matter of this Complaint for Confession of Judgment for money
damages was entered into solely for business purposes, and not for the purpose of any personal,
household, family or residential uses, as of the date of this Affidavit.
SWORN TO and subscribed before me
this 1-2 JA day of 92011.
-:2
Notary is
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARY C. KURTZ, NOTARY PUBLIC
3200409 CITY OF READING, BERKS COUNTY
MY COMMISSION EXPIRES JULY 14, 9011
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ' e
Sheriff
ntr of trtt+&p?^{ M
40 °
Jody S Smith C
Chief Deputy N)
Richard W Stewart
Solicitor -? F: s C7 -,
Susquehanna Bank
vs.
Dyric D. Snyder
Case Number
2011-4533
SHERIFF'S RETURN OF SERVICE
05/26/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Dyric D. Snyder, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint
In Confession of Judgment and Notice according to law.
06/13/2011 06:12 PM - York County Return: And now June 13, 2011 at 1812 hours I, Richard P. Keuerleber, Sheriff
of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint in Confession of Judgment, upon the within named defendant, to wit: Dyric D. Snyder by
making known unto Christina Snyder, Wife of Defendant at 627 Martin Drive, Mechanicsburg,
Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct
copy of the same.
SHERIFF COST: $37.44
June 20, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(C; Count,Sulte Sheriff . ielonsuff. Inc.
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber PETER J. MANGAN, ESQ.
Sheriff Solicitor
Reuben B Zeager Richard E Rice, II
Chief Deputy, Operations Chief Deputy, Administration
SUSQUEHANNA BANK
VS.
DYRIC D. SNYDER
Case Number
11-4533 CIVIL
SHERIFF'S RETURN OF SERVICE
06/13/2011 06:12 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED COMPLAINT IN CONFESSION OF JUDGMENT (CONF JUDG) BY HANDING A
TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE CHRISTINA SNYDER, WIFE,
WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR DYRIC D. SNYDER AT 627 MARTIN
DRIVE, MECHANICSBURG, PA 17055.
IG' fiYsj i'f
TERRY DRAWBAUGH, bE TY
SHERIFF COST: $51.05
June 15, 2011
SO A RS,
RICHARD P EUERLEBER, SHERIFF
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NOTARY
Affirmed and subscribed to before me this
15TH day of
JUNE
1100 12 NTH FP NS LV IA
2011 AR L
(c) CountySwte snero Teleosoft In, LICITY OF YORK. YORK COUNTY
MY COt.jkuSSiON EXPIRES AUG. 12 2 :J