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HomeMy WebLinkAbout11-4534FILED-OFFICE Ur THE PROTHONOTARY 2911 MAY 23 AM 11:24 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 ' CU PENNSYLVANIA T'Y Attorney for Plaintiff SUSQUEHANNA BANK Plaintiff V. DYRIC D. SNYDER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. / 1. of 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 $ 245,708.31 Interest to and including 4/18/11 3,532.06 Late Fees 463.77 Attorneys' Fees 24.924.04 Total $ 274,628.18 Interest continues to accrue at the per diem rate of $30.71 from April 18, 2011, continuing late fees, and costs of collection. pd `?W ?s? C? c/tr193 3200615 BARLEY SNYDE LC By:?i%?1 William` F. P ire Troy B. Rider, Esquire Attorneys for Plaintiff --- - _--? - - - ------ - - PROMISSORY NOTE Loan No: 10004920624 (Continued) whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (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 be governed by federal law applicable to Lender and, to the extent not preempted by federal low, the laws of the Cornmorwreel h of Pennsylvania without regvd to Its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania, CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of York County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's 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 June 18, 2008. 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 Lender's office shown above. The following person or persons are authorized to request advances and authorize payments under the line of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of such authority: Dyric D. Snyder, Vice President/Treasurer of Legend Construction Company, Inc,; and Mitchel L. Ssftz; President/Secretary of Legend. Construction Company, Inc. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer printrouta. 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; (B) Borrower or any guarantor ceases doing business or is insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan 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 believes itself insecure. SIGN AND ADVERTISING . At Lender's request, Borrower shall place a sign at a location on the property satisfactory to Lender, which sign shall recite, among other things, that Lender is financing the project. Borrower expressly authorizes Lender to include the project and Lender's role in financing the project in news releases and such other advertising es Lender may elect, during the project term and thereafter for a period not to exceed one year. This authorization shall include any photographs, film or electronic images of the project or Borrower's representatives made in connection with the project and permits inclusion of the terms of the project financing in any media selected by Lender including electronic or internst communications. This provision shall not be construed to require Lender to advertise the project or to Include It In any media presentations. The consideration hereunder is agreed to be applicable to this provision; no additional compensation shall be due to Borrower for any sign or advertising by Lender. SHARING OF ACCOUNT INFORMATION. The Lender and the companies in the Susquehanna Bancshares, Inc. family offer a full range of valuable financial services. We can 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 future subsidiaries, affiliates, and assigns, and to any potential assignee or transferee, any information (Including information received from third persona) in or relating to (f) the Borrower, (if) this loan, (Iii) any other loans you have previously obtained or may from time to time obtain from us or any of the Susquehanna Bancshares, Inc. family of companies in the future, and (iv) any other accounts of any type or nature and other relationships the Borrower has previously established or may from time to time establish with any of the Susquehanna Bancshares, Inc, family of companies in the future. CONDITIONS FOR ADVANCES. Borrower shall be able to draw a maximum of 850,000.00 from this line of credit. Each advance beyond the $50,000.00 limit shall be supported by a Promissory Note. The term of the Note will be based on the useful life of the supporting collateral, at a maximum of sixty (60) months. Each Note shall be secured by a purchase money security interest in the assets acquired with the proceeds of the advance. Borrower shall provide Bank with an invoice detailing the assets to be purchased prior to loan funding. Advances from this facility shall not exceed eighty percent (80%) of the asset purchase price. Borrower shall have the option to choose the Interest rate applied to each advance among the one-month London Interbank Offered Rate plus Two and One Quarter percent per annum (LIBOR+2.25%), Prime Rate as published in the Money Rates section of the Wall Street Journal (WSJHP), or fixed rates as offered. Monthly Principal and Interest payments will be in an amount equal to fully amortize the amount borrowed over the term of the Note. DEPOSIT ACCOUNTS. Borrower shall establish its primary deposit account(s) with Susquehanna Bank PA and maintain such accounts for at least such time as this loan remains open. FINANCIAL STATEMENTS. Borrower will furnish Lender with, as soon as available, but in no event later than one hundred twenty (120) days after the and of each fiscal year, Borrower's financial statement, prepared by Borrower, and a completed federal tax return for the year ended. All financial reports required to be provided under this Agreement shall be prepared in accordance with generally accepted accounting principles, applied on a consistent basis, and certified by Borrower as being true and correct. Borrower shall also cause to be provided annually as soon as available, but in no event later than one hundred twenty (120) days after the end of each calendar year, Guarantor's personal financial statement and tax returns. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other then the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 00%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER T141S NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE -oan No: 10004920624 (Continued) Page 3 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 GIVEN 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: LEGEr CONSTRUCIY MPAN By: W.?m Seal Dyric r of Legend By Mkehe9 LT Seitz PresidofillW egend ISaal) Construction Company, Inc. Construction Company, Inc. YSl11-l 'Vim.-.MODAL Cw,. - --? M. 1-1.-- NM .- .M. -MGµRIp1p.R• -.11 -.1 AGREEMENT TO MODIFY ? This Agreement made this 3 ? 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 00/100 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: 7444,- -?e ??*-.- Witness: ZKc•.Q W.?.r Witness: `3tit e,,4-? '. 1,4- Witness: 7vfr..?..X ye V- LEGEUD?CO1V8TyUCTION COMPANY-INC. By: - 1 1-44 D . nyd ;Vice a ?- By:?`"? (Seal) Mitchell L. Seitz, r 'd ary G ANTOR . (Seal) Dyr c .Snyder (Seal) Nlltchell L. Seitz SUSQUEHANNA BANK ey; ? W. Cale,, Vice President COMMERCIAL GUARANTY Guarantor: Dyric D. Snyder 627 Martin Drive Mechanicsburg, PA 17055-6034 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 collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone also 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 set-off or deduction or counterclaim, and will otherwise perform Borrower's 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 attorneys' fees, arising from any and all debts, liabilities and obligations that Borrower individually 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. It Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shell be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated 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 Guarantor's 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 Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guaraptors under this Guaranty. This Guaranty coven a revolving line of credit and It is specifically anticipated that fluctuations will occur In the aggregate amount of the Indebtedness. Guarantor spadflcagy acknowledges and agrees that fluctuations In the amount of the Indebtedness, even to zero dollars (8 0.00), shall not constitute a termination of this Guaranty. Guarantor's 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 Guarantor's other obligations under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lander, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to tine: (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 acVitional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms 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 than the original loan term; IC) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, hefhor vnluMVily n• nfln.•u,iu n• M, .n., NQ•A n.rh, poly, Illk: Z 7-A Borrower: Legend Construction Company, Inc. Lender: Susquehanna Bank PA substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; IE) to determine how, when and what application of payments and credits shall be made on the Indebtedness; IF) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial 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.lndebtedness; 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 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; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) 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 correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; IGI no material 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 Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; Iq 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 basis Information 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 affect Guarantor's 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: Additional Requirements. Guarantor will furnish Lender as soon as available, but In no event later than one hundred twenty (120) days after the end of each calendar year, Guarantor's personal financial statement and tax returns. All financial reports required to be provided under this Guaranty shall, be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable laver Guarantor waives 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 nOnsction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection wld? the Indebtedness or in connection with the creation of new or additional loans or obligations; M to resort for payment or to proceiad director at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lerider 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 ()ersonal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Comercial Code; IF) "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 matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral including, but not limited to, any rights or detenses arising by reason of (A) any "one action" or "antideficlericy 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 otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, Including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; IC) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal taller, 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 Larder against Guarantor is commenced, dare is outstanding Indebtedness which Is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, 2647 Camegle Road Whiteford Road Office York, PA 17402-3786 2951 Whiteford Road York, PA 17402 _ i- COMMERCIAL GUARANTY Loan No: 10004920624 (Continued) Page 2' to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law ar law for the relief of debtors, the In Guarantor debtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. and claim of setoffs ountercla m,acounter demand ecoupamenttornsimi ar igF t, whet er suto amount ch clam, demand nor right under may this Borrower, the Guarantor, or both. asserted by the GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance 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 setoff in all Guarantor's 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 any7RA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these 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, shell 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 clam 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 iniolvency 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 tender to the Indebtedness. Guarantor does hereby assign to Lender all claims which It may have 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 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 a legend that the same era subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute 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 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 parry or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone also to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, Including reasonable attorneys' 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. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law appicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its confgcts of law provisions. Choice of Venue. If there Is a lawsuit, Guarantor agrees upon Lender's 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 Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's 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 there is more than one Borrowers 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 court 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 court 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 Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified 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, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's 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 Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's 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 continuing 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 Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender 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 shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms 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 successors and assigns. GAAP. The word "GAAP' means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Dyric D. Snyder, and in each case, any signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word 'Lender' means Susquehanna Bank PA, its successors and assigns. Note. The word "Note" means the promissory note dated June 18, 2008, in the original principal amount of $500,000.00 from Borrower COMMERCIAL GUARANTY Loan No: 10004920624 (Continued) Page 3 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, loan 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 110%I OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 05001 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 IS DATED JUNE 18, 2008. i 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. GUAg I' X'.' <?u?.'`>? ,.? Seal Dyr c . ny r WUMg1M0. V".LMp10M Cw.. MVInJ M,nM+WWna M.IM.T00L N.o. I1wM. PA M1MW?tIA1Cfl4R1ff0.R Tl?fl M-?> 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 PA 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 I AM EXECUTING, THIS, `f DAY OF ? , 20 tf0 , A GUARANTY FOR A PROMISSORY NOTE FOR $500,000.00 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, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE 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 I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO 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. D ARANT: (Seal) LASER PRO Lmdhg, Vv. 8.38.8.008 Cep. Nedald PhenclN Sokft m. Inc. 1987. 2008. AE W9AU P-1d. • PA N:18C1MNKPALCFRLPL%030.FC TRJSBII P 147 EXHIBIT C 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: '611111( 3200615 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: 24 CUMPEN BE NSyLVAN A TY Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 SNYD By: William . C lb squire Troy B. d r, squire I.D. No. 46880; 206319 3200615 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 E1LED-0EEEC" O THE PROTHONOTARY 2011 MAY 23 AM 11: 24 CUMBERLAND COUNTY Attorney for Plaintiff SUSQUEHANNA BANK V. DYRIC D. SNYDER, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. //- I 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: Last known place of employment: Last known place of residence: as of the date of this Affidavit. SWORN TO and subscribed before me this % 7 7?7 day of - 2011. Notary 3200615 c©MMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARY C. KURTZ, NOTARY PUBLIC CITY OF READING, BERKS COUNTY MY COMMISSION EXPIRES JULY 14, 2011 Unknown Legend Construction Company, Inc. 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 ?1l.ED-D?F1CE ,? Jc= 'f ?E PRD'f DOl?4TI?R toil MAY 23 aM ?S' 2? CuM6 NNSYLDVA141A PE Attorney for Plaintiff SUSQUEHANNA BANK Plaintiff V. DYRIC D. SNYDER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. I/- -1' 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./) day of , 2011. Notary Pu c COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL 3200615 MARY C. KURTZ, NOTARY PUBLIC CITY OF READING, BERKS COUNTY MY COMMISSION EXPIRES JULY 14, 2011 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, No. //. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: DYRIC D. SNYDER DATE: MAY 3-3, 2011 A judgment in the amount of $274,628.18, plus interest at the rate per day rate of $30.71 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 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW 3200615 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 William ol)gr'y, Jr., Attorney r P wi 'tiff' 3200615 SUSQUEHANNA BANK COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DYRIC D. SNYDER, CIVIL ACTION - LAW No. NOTICE (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $274,628.18, on =3 _, 2011. (X ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. Pro Civil 'vision By: If you have any questions regarding this Notice, please contact the filing party: NAME: William F. Colby, Jr. Esquire Troy B. Rider, Esquire Barley Snyder LLC ADDRESS: 50 North Fifth Street P.O. Box 942 Reading, PA 19603 TELEPHONE:(610) 376-6651 (This Notice is given in accordance with Pa.R.C.P.236.) NOTICE SENT TO: NAMES: Dyric D. Snyder ADDRESS: 627 Martin Drive Mechanicsburg, PA 17055 3200615 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?pttVtix 6f ?artTGp????r0 a-? w xi cn r-. - Ct r?,a c- C= N -z? i:11 Susquehanna Bank vs. Dyric D. Snyder SHERIFF'S RETURN OF SERVICE Case Number 2011-4534 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: $37.00 June 20, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, RON R ANDERSON, SHERIFF roj COWITYSuite Shentt. T7eieosott 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 Case Number vs. DYRIC D. SNYDER 11-4534 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. TERRY DRAWBAUGH, DE TY SHERIFF COST: $51.05 June 15, 2011 SO AN RS, (CHARD P UERLEBER, SHERIFF -------- ---- --------- -------------------------------------------------- ---------- - - --- TH OF PEA NNSYWANIA Affirmed and subscribed to before me this NOTARY COMMON AL _ AR L AL ? )1() 15TH day of JUNE 2011 O P . No ? PQ ;c) CountySuae Sheriff, Teleosoft L?:M?y COMMISSION EXPIRES A G. 127, ZUI-3 I- k