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HomeMy WebLinkAbout12-4175INTEGRITY BANK, Plaintiff V. SNYDER'S ROSE PROJECT, LP, SNYDER'S HARDWARE, INC., RICHARD J. SNYDER, and CAROLE B. SNYDER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY L AN 0 ? am No - Li I l rC- . r?x . ,e o j>G z CIVIL ACTION -LAW CONFESSION OF JUDGMENT ($310,000.00 Loan) Pursuant to the authority contained in the Note attached as Exhibit A to the Complaint and pursuant to the authority contained in the Guarantees attached as Exhibit B to the Complaint filed in th? li above captioned case, we appear for Defendants Snyder Rose Project, LP, Snyder's Hardware, Inc., I Richard J. Snyder, and Carole B. Snyder jointly and severally, and confess judgment in favor of Plaintiff Integrity Bank, and against Defendants, as follows: Principal Interest $146,865.06 1,897.01 Late Fees 45.89 Satisfaction Fees 72.00 Attorney's Fees (10%) 14,876.21 Total: $163,756.17* *along with interest accruing at the per diem rate of $15.30 from June 18, 2012, until paid in full, plus costs. McNEES WALLACE & NURICK LLC Date: July 3, 2012 By _ edric L. N PA Attorney LD. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnissly@mwn.com Attorneys for Plaintiff Integrity Bank ? -r 7l S c.., 6004 t °i a L 3cvq3 a`7?StfY Nedric L. Nissly PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1731 (Direct Fax) (717) 232-8000 (Phone) nnissly(&tnwn.com Attorneys for Plaintiff Integrity Bank F r+ ED-ClMC9 THEPRO THOt4 TA R4x; 2912 JUL -S PM 1: 42 CUMNgLAND COUNTY ' NIA INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. SNYDER'S ROSE PROJECT, LP, SNYDER'S HARDWARE, INC., RICHARD J. SNYDER, and CAROLE B. SNYDER Defendants CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT ($310,000.00 Loan) Plaintiff Integrity Bank, by and through its undersigned counsel, hereby files this for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff Integrity Bank (the "Bank") is a Pennsylvania banking institution business at 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendant Snyder's Rose Project, LP, is a Pennsylvania limited partnership having address at 119 West Lancaster Avenue, Shillington, Pennsylvania 19607. 3. Defendant Snyder's Hardware, Inc., is a Pennsylvania corporation having an at 119 West Lancaster Avenue, Shillington, Pennsylvania 19607. 4. Defendants Richard J. Snyder and Carole B. Snyder are adult individuals who at 100 Knipe Lane, Reading, Pennsylvania 19607-9440. 5. On March 18, 2008, Defendants Richard J. Snyder and Carole B. Snyder "Borrowers") borrowed from the Bank the sum of $310,000.00 (the "Loan") for a business purpose as evidenced by a Promissory Note (the "Note") dated even date with the Loan, executed a- id delivered by Borrowers in favor of the Bank. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 6. The indebtedness evidenced by the Note is guaranteed by Defendant Snyder's Hardware, Inc., and Snyder's Rose Project, LP pursuant to a Guaranty and Suretyship (the "Guarantees") executed by Guarantors in favor of the Bank. Attached hereto as Exhibit B incorporated herein by reference is a true and correct copy of the Guarantees. 7. Pursuant to certain Promissory Note Modification Agreements between the Bank the Borrowers dated as of September 22, 2009, December 21, 2009, January 20, 2010, July 20, 2010, August 30, 2010, December 21, 2010 and May 19, 2011 (the "Loan Modification Agreements"), maturity date was extended. Attached hereto as Exhibit C and incorporated herein by reference i4 a true and correct copy of the Loan Modification Agreements. 8. Borrowers have defaulted under the Note (as amended) by failing to make when due thereunder for a period in excess of 95 days. 9. The Note provides that the Bank may confess judgment against the Borrowers aftet a default thereunder for the entire principal balance due and owing under the Loan along with interest, late fees, costs of suit and an attorney's commission of 10% of the unpaid principal and accrued interest. 10. The each of the Guarantees provided that the Bank may confess judgment against of the Guarantors, respectively, any time after the amounts thereunder become due for the principal balance due and owing under the Loan along with accrued interest, late fees, costs of and an attorney's commission of 10% of the unpaid principal balance and accrued interest. 11. The total amount due and owing under the Note and the Guarantees as of June 118, 2012, is itemized as follows: Principal $146,865.06 Interest 1,897.01 Late Fees 45.89 Satisfaction Fees 72.00 Attorney's Fees (10%) 14,876.21 Total: $163,756.17* *along with interest accruing at the per diem rate of $15.30 from June 18, 2012, until paid in full, plus costs. 12. All conditions precedent have been satisfied to allow the Bank to confess j against the Borrower under the Note and against the Guarantors under the Guarantees. 13. The Bank is the holder of the Note and the Guarantees. 14. The Note and the Guarantees were executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 15. Judgment has not been confessed or entered under the Note or the Guarantees in other jurisdiction. 16. The 10% attorney's fee commission included in the confessed judgment is under the Note and the Guarantees is being used to calculate a sum certain for purposes of confessing judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees costs in this matter. WHEREFORE, Plaintiff Integrity Bank hereby requests this Court to enter judgment by confession against the Defendants, Snyder's Rose Project, LP, Snyder's Hardware, Inc., Richard J. Snyder and Carole B. Snyder, jointly and severally, in the amount of $163,756.17 along with i st from and following June 18, 2012 at the per diem rate of $15.30 until paid in full, plus costs. McNEES WALLACE & NURICK LLC Date: July 3, 2012 By edric L. Nissly PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnissly@mwn.com Attorneys for Plaintilntegrity Bank 'ely. .;ooU con iv I, Gary G. Kuck, Vice President of Integrity Bank, verify that I am authorized to nabs this verification on behalf of Integrity Bank, and that de facts gained in the foregoing Complaint for Confession of Judgment arc true and correct to the but of my knowledge, information and belief and that the same are made subject W the penalties of 18 Pa. C.S.A. ¢ 4904 relating to unworn falsification to authorities. cK- Gary G. Klick, Vice PmV*M ?? PROMISSORY NOTE $310,000 March 18, FOR VALUE RECEIVED, RICHARD J. SNYDER and CAROLE B. SNYDER, husbe and wife, adult individuals (collectively, "Borrower"), who reside at 100 Knipe Lane, Readh PA 19607-9440, promise to pay to the order of INTEGRITY BANK, a Pennsylvania banki institution, its successors and assigns (the "Bank"), in lawful money of the United States America in immediately available funds at its offices located at 3345 Market Street, Camp F Pennsylvania 17011, or at such other location as the holder of this Promissory Note (t "Note") may designate from time to time, the principal sum of Three Hundred Ten Thouss Dollars ($310,000), together with interest accruing on the outstanding principal balance from 1 date hereof, as provided below: 1. Rate of Interest. a. Commencing on the date hereof and continuing for until the Maturity DF (as defined herein), amounts outstanding under this Note will bear interest at a floating rate r annum (the "Floating Rate"), which is at all times equal to one-half of one percentage po (.50%) in excess of the Prime Rate (as defined herein). b. Interest will be calculated on the basis of a year of 360 days for the acts number of days in each interest period. C. "Prime Rate" shall mean the rate published from time to time as t "prime rate" in the Money Rates table of The Wall Street Journal. The Prime Rate does r necessarily reflect the lowest rate of interest actually charged by the Bank to any particular cia or category of customers. If and when the Prime Rate changes, the Floating Rate will chan automatically without notice to the Borrower, effective on the date of any such change. In event will the rate of interest hereunder exceed the maximum rate allowed by law. 2. Payment Terms. a. Commencing on April 18, 2008 and continuing on the same day of ea month thereafter, monthly payments of interest only shall be due and payable based on t f=loating Rate. b. Any unpaid principal together with interest due thereon if not sooner pa shall be due and payable on September 18, 2009 (the "Maturity Date"). C. If any payment under this Note shall become due on a Saturday, Sund or public holiday under the laws of the Commonwealth of Pennsylvania, such payment shall made on the next succeeding business day and such extension of time shall be included computing interest in connection with such payment. From and after the occurrence of an Eve of Default (as hereinafter defined) the Borrower hereby authorizes the Bank to charge tl Borrower's deposit account at the Bank for any payment when due. Payments received will applied to charges, fees and expenses (including attomeys' fees), accrued interest and princir in any order the Bank may choose, in its sole discretion. {A1111898:1} 3. Late Payments: Default Rate. If the Borrower fails to make any payment of principal, interest or other amount coming due pursuant to the provisions of this Note within t n (10) calendar days of the date due and payable, the Borrower also shall pay to the Bank a le to charge equal to five percent (5.00%) of the amount of such payment (the "Late Charge'). Such ten (10) day period shall not be construed in any way to extend the due date of any su h payment. Upon maturity, whether by acceleration, demand or otherwise, and at the Bank's option upon the occurrence of any Event of Default (as hereinafter defined) and during tie continuance thereof, this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed) which shall be three percentage points (3.00%) in excess of the interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate"). The Default Rate shall continue to apply whether or t judgment shall be entered on this Note. Both the Late Charge and the Default Rate are imposed as liquidated damages for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments, but are in addition to, and not in lieu of, the Ban 's exercise of any rights and remedies hereunder, under the other Loan Documents or and r applicable law, and any fees and expenses of any agents or attorneys which the Bank may employ. In addition, the Default Rate reflects the increased credit risk to the Bank of carrying a loan that is in default. The Borrower agrees that the Late Charge and Default Rate a e reasonable forecasts of just compensation for anticipated and actual harm incurred by the Bank, and that the actual harm incurred by the Bank cannot be estimated with certainty and without difficulty. 4. Non-Revolving Line of Credit. This Note evidences a straight non-revolving line of credit. Once the total amount of principal has been advanced, Borrower is not entitled o further advances on the Loan. 5. Prepayment. The Loan may be prepaid in whole or in part at any time witho it any prepayment fee. 6. Other Loan Documents. This Note is guaranteed by a certain Guaranty a d Suretyship Agreement of even date by Snyder's Rose Project, LP and is secured by t e property described in a certain Open-End Mortgage of even date herewith by Snyder's Ro e Project, LP, in favor of Bank, and by such other security as previously may have been or may n the future be granted to the Bank to secure or assure payment of this Note. 7. Events of Default. The occurrence of any of the following events will It a deemed to be an "Event of Default" under this Note: (i) the nonpayment of any princip I, interest or other indebtedness under this Note for a period of ten (10) days following the date n which such principal, interest or other payment was due; (ii) the occurrence of any event of default or default and the lapse of any notice or cure period under any Loan Document or a y other debt, liability or obligation of Borrower to the Bank, or of any Obligor in connection wi Borrower's Obligations to the Bank; (Iii) the filing by or against any Obligor of any proceeding n bankruptcy, receivership, Insolvency, reorganization, liquidation, conservatorship or similar proceeding (and, in the case of any such proceeding Instituted against any Obligor, su h proceeding is not dismissed or stayed within 60 days of the commencement thereof); (iv) a y assignment by any Obligor for the benefit of creditors, or any levy, garnishment, attachment r similar proceeding is instituted against any property of any Obligor held by or deposited with t Banc; (v) a default with respect to any other indebtedness of any Obligor for borrowed money i excess of $25,000, if the effect of such default is to cause or permit the acceleration of su debt; (vi) the commencement of any foreclosure or forfeiture proceeding, execution r attachment against any collateral securing the obligations of any Obligor to the Bank; (vii) th (A1111888:1) 2 entry of a final judgment against any Obligor in excess of $25,000 and the failure of su h Obligor to discharge the judgment or otherwise bond off any judgment lien resulting therefro within thirty (30) days of the entry thereof; (viii) any material adverse change in any Obligo 's business, assets, operations, financial condition or results of operations; (ix) any Obligor ceas s doing business as a going concern; (x) the revocation or attempted revocation, in whole or n part, of any guarantee by any Guarantor; (xi) the death or legal incompetency of any Individual Obligor; (xii) any representation or warranty made by any Obligor to the Bank in any L n Document, or any other documents now or in the future evidencing or securing the obiigatio is of any Obligor to the Bank, proves to be false, erroneous or misleading in any material respe t as of the date made; or (xiii) any Obligor's failure to observe or perform any covenant or other agreement with the Bank contained in any Loan Document or any other documents now or in the future evidencing or securing the obligations of any Obligor to the Bank. As used herein, t e term "Obligor" means the Borrower and the Guarantor, and the term "Guarantor" means a y guarantor of the Borrower's obligations to the Bank existing on the date of this Note or thereafter. Upon the occurrence of an Event of Default: (a) the Bank shall be under no furtl obligation to make advances hereunder; (b) if an Event of Default specified in clause (iii) or ( above shall occur, the outstanding principal balance and accrued interest hereunder togett with any additional amounts payable hereunder shall be immediately due and payable with( demand or notice of any kind; (c) if any other Event of Default shall occur, the outstandi principal balance and accrued interest hereunder together with any additional amounts payal hereunder, at the Bank's option and without demand or notice of any kind, may be accelerat and become immediately due and payable; (d) at the Bank's option, this Note will bear inten at the Default Rate from the date of the occurrence of the Event of Default; and (e) the Ba may exercise from time to time any of the rights and remedies available under the Lo Documents or under applicable law. ti. Power to Confess Judgment. The Borrower hereby empowers any attom, of any court of record, after the occurrence of any Event of Default hereunder, to appe for the Borrower and, with or without complaint filed, confess judgment, or a series judgments, against the Borrower in favor of the Bank or any holder hereof for the anti principal balance of this Note, all accrued Interest and all other amounts due hereund or under any of the other Loan Documents, together with costs of suit and an attorney commission of the greater of 5`/0 of such principal and interest or $5,000 added as reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shi be a sufficient warrant. The Borrower hereby forever waives and releases all errors said proceedings and all rights of appeal and all relief from any and all appraisemel stay or exemption laws of any state now in force or hereafter enacted. Interest on ti principal balance portion of the judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, or a series judgments, shall be deemed to exhaust the power, whether or not any such exercl shall be held by any court to be Invalid, voidable, or void, but the power shall condr undiminished and It may be exercised from time to time as often as the Bank shall 914 until such time as the Bank shall have received payment in full of the debt, interest a costs. Notwithstanding the attomey's commission provided for in the precedi paragraph (which is Included In the warrant for purposes of establishing a sum certai the amount of attorneys' fees that the Bank may recover from the Borrower shall r exceed the actual attorneys' fees incurred by the Bank. (A1111898:1) 3 9. Right of Setoff. In addition to all liens upon and rights of setoff against he Borrower's money, securities or other property given to the Bank by law, the Bank shall have, with respect to the Borrower's obligations to the Bank under this Note and to the extent permitted by law, a contractual possessory security Interest in and a contractual right of set ff against, and the Borrower hereby assigns, conveys, delivers, pledges and transfers to the B k all of the Borrower's right, title and interest in and to, all of the Borrower's deposits, mone , securities and other property now or hereafter in the possession of or on deposit with, or in transit to, the Bank, whether held in a general or special account or deposit, whether held joi fly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IF , Keogh, and trust accounts. Every such security interest and right of setoff may be exercis d without demand upon or notice to the Borrower following the occurrence of an Event of Defa It. Every such right of setoff shall be deemed to have been exercised immediately upon t e occurrence of an Event of Default hereunder without any action of the Bank, although the Ba k may enter such setoff on its books and records at a later time. 10. Miscellaneous. All notices, demands, requests, consents, approvals and ott communications required or permitted hereunder must be in writing (except as may be agre otherwise above with respect to borrowing requests) and will be effective upon receipt. Su notices and other communications may be hand-delivered, sent by facsimile transmission w confirmation of delivery and a copy sent by first-class mail, or sent by nationally recogniz overnight courier service, to the addresses for the Bank and the Borrower set forth above or such other address as either may give to the other in writing for such purpose. No delay omission on the Bank's part to exercise any right or power arising hereunder will impair a such right or power or be considered a waiver of any such right or power, nor will the Banl action or inaction impair any such right or power. No modification, amendment or waiver of a provision of this Note nor consent to any departure by the Borrower therefrom will be effect! unless made in a writing signed by the Bank. The Borrower agrees to pay on demand, to tl extent permitted by law, all costs and expenses incurred by the Bank in the enforcement of rights in this Note and in any security therefor, including without limitation reasonable fees al expenses of the Bank's counsel. If any provision of this Note is found to be invalid by a cou all the other provisions of this Note will remain In full force and effect. The Borrower and other makers and indorsers of this Note hereby forever waive presentment, protest, notice dishonor and notice of non-payment. This Note shall bind the Borrower and its successors al assigns, and the benefits hereof shall inure to the benefit of the Bank and its successors al assigns; provided, however, that the Borrower may not assign this Note in whole or in pi without the Bank's written consent and the Bank at any time may assign this Note in whole or part. This Note has been delivered to and accepted by the Bank and will be deemed to made in the Commonwealth of Pennsylvania.. THIS NOTE WILL BE INTERPRETED AND THE RIGF AND LIABILITIES OF THE BANK AND THE BORROWER DETERMINED IN ACCORDANCE WITH THE LAWS COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS CONFLICT OF LAWS RULES. The Borrov hereby irrevocably consents to the exclusive jurisdiction of the Court of Common Pleas Cumberland County, Pennsylvania; provided that nothing contained in this Note will prevent 1 Bank from bringing any action, enforcing any award or judgment or exercising any rights agaii the Borrower individually, against any security or against any property of the Borrower will any other county, state or other foreign or domestic jurisdiction. The Borrower acknowiedg and agrees that the venue provided above is the most convenient forum for both the Bank a the Borrower. The Borrower waives any objection to venue and any objection based on a me convenient forum in any action instituted under this Note. (A1111898:1} 4 11. WAIVER OF JURY TRIAL. THE BORROWER IRREVOCABLY WAIVES ANY AND RIGHTS THE BORROWER MAY NAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS Nc OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROY ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Borrower acknowledges that they have read and understand all provisions of this Note, Including the confession of judgment and waiver of jury trial, have been advised by counsel as necessary or appropriate. WITNESS the due execution of this Note as a document under seal, as of the date written above, with the Intent to be legally bound hereby. BORRO RICHARD J. S A- ee--- (SEAL) AROLE B. SNY (A1111898:1) 5 WITNESS: DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: RICHARD J. SNYDER and CAROLE B. SNYDER 100 Knipe Lane Reading, Pennsylvania 19607 Lender: INTEGRITY BANK 3345 Market Street Camp Hill, Pennsylvania 17011 The undersigned have executed, and/or are executing, on or about the date hereof, the documents under which the undersigned are obligated to repay monies to Lender: Promissory Note - $310,000 A. THE UNDERSIGNED ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONTAINS PROVISI NS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFE33ION AGAINST THE UNDERSIGNED. BEING Ft., AWARE OF THEIR RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY LENDER THEREUNDER BEFORE JUDGMENT 13 ENTERED, E UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WANE THESE RIGHTS AND EXPRESSLY AG EE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THEM BY CONFESSION PURSUANT TO THE TE S THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONT S PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE IT A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF E UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF THEIR RIGHTS ER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIG D HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WANE THEIR RIGHTS TO NOTICE AND A HEARING D EXPRESSLY AGREE AND CONSENT TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UN ER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certify that a representative of Lender specifically called the confession of judgment provisions in the above document to the attention of the undersigned, and/or that he undersigned were represented by legal counsel In connection with the above document. D. The undersigned hereby certify that their annual income exceeds $10,000; that all references to "the undersigned" above refer to each of the persons signing below; and that the undersigned recelv?ecl a copy hereof at the time of signing. Dated: March 18, 2008 Witness J. (SEAL) AROLE B. SNY R (A1111898;1) 6 ?? GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is entered ' to as of March 18, 2008, by SNYDER'S HARDWARE, INC., a Pennsylvania corpora ion ("Guarantor'"), with an address at 119 West Lancaster Avenue, Shillington, Penns is 19607, in consideration of the extension of credit by INTEGRITY BANK, a Pennsyly is banking institution, its successors and assigns ("Bank"), with an address at 3345 Ma et Street, Camp Hill, Pennsylvania 17011 to RICHARD J. SNYDER and CAROLE B. SNYD R ("Borrower"), and other good and valuable consideration, the receipt and sufficiency of w ich are hereby acknowledged. 1. Guaranty of Obligations. The Guarantor hereby guarantees, and beco es surety for, the prompt payment and performance of. all loans, advances, debts, liabiliti s, obligations, covenants and duties owing by the Borrower to the Bank, of any kind or nature, present or future (including any interest accruing thereon after maturity, or after the filing of ny petition in bankruptcy, or the commencement of any insolvency, reorganization or I ke proceeding relating to the Borrower, whether or not a claim for post-filing or post-petition Inter st is allowed In such proceeding), whether or not evidenced by any note, guaranty or other instrument, whether arising under any agreement, instrument or document, whether or not or the payment of money, whether arising by reason of an extension of credit, opening of a lette of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, opt on or other interest rate protection or similar agreement, or in any other manner, whether aris ng out of overdrafts on deposit or other accounts or electronic funds transfers (whether throgh automated clearing houses or otherwise) or out of the Bank's non-receipt of or inability to colt ct funds or otherwise not being made whole in connection with depository transfer check or of er similar arrangements, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Bank incurred in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attome s' fees and expenses (collectively, the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount of he Obligations to the Bank. Until the Obligations are indefeasibly paid in full, Guarantor's liabi ity hereunder shall not be reduced in any manner whatsoever by any amounts which the Bank ay realize before or after maturity of the Obligations, by acceleration or otherwise, as a result of payments made by or on behalf of the Borrower or by or on behalf of any other person or an ity other than the Guarantor primarily or secondarily liable for the Obligations or any part thereof, or otherwise credited to the Borrower or such person or entity, or as a result of the exercise of e Bank's rights with respect to any collateral for the Obligations or any part thereof. 2. Nature of Guaranty: Waivers. This is a guaranty of payment and not of collection and the Bank shall not be required, as a condition of the Guarantor's liability, to make any demand upon or to pursue any of its rights against the Borrower, or to pursue any rights which may be available to It with respect to any other person who may be liable for the payment of the Obligations. This is an absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and effect until all of the Obligations have been indefeasibly paid in full, and the Be k has terminated this Guaranty. This Guaranty will remain in full force and effect even if there is (Al 111840:1) no principal balance outstanding under the Obligations at a particular time or from time to ti e. This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Bank of any other party, or any other guaranty or any security meld by it for an of the Obligations, by any failure of the Bank to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any of e Obligations or any guaranty, or by any irregularity, unenforceability or invalidity of any oft e Obligations or any part thereof or any security or other guaranty thereof. The Guarant s obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or defense based upon any claim the Guarantor may have against the Borrower or the Bank, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borroer from time to time, notice of default, diligence, presentment, notice of dishonor, protest, dema d for payment, and any defense based upon the Bank's failure to comply with the notf requirements of the applicable version of Uniform Commercial Code § 9-810 are hereby waived. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Bank at any time and from time to time, without notice to or the consent oft e Guarantor, and without impairing or releasing, discharging or modifying the Guaranto 's liabilities hereunder, may (a) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) rene , substitute, modify, amend or alter, or grant consents or waivers relating to any of e Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) ap ly any and all payments by whomever paid or however realized including any proceeds of a y collateral, to any Obligations of the Borrower in such order, manner and amount as the Balk may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as the Bank deems appropriate in its sole discretion; (e) substitute, exchange or release any secur ty or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herei . 3. Repayments or Recovery from the Bank. If any demand is made at any ti e upon the Bank for the repayment or recovery of any amount received by it in payment or on account of any of the Obligations and If the Bank repays all or any part of such amount y reason of any judgment, decree or order of any court or administrative body or by reason of a y settlement or compromise of any such demand, the Guarantor will be and remain lia Is hereunder for-the amount so repaid or recovered to the same extent as if such amount h d never been received originally by the Bank. The provisions of this section will be and rem 'n effective notwithstanding any contrary action which may have been taken by the Guarantor 'n reliance upon such payment, and any such contrary action so taken will be without prejudice o the Bank's rights hereunder and will be deemed to have been conditioned upon such payme it having become final and irrevocable. 4. Financial Statements. Unless compliance is waived in writing by the Bank or until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Batik such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor). 5. Enforceabilitti of Qbii tions. No modification, limitation or discharge oft the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor's liability in any manner whatsoever and this Guaranty will remain and continue in full force a rd (Al 111840:1) 2 effect and will be enforceable against the Guarantor to the same extent and with the same for and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding' and will be liable tot the full extent hereunder, irrespective of any modification, limitation or discharge of the liability oft the Borrower that may result from any such proceeding. 8. Events of Default. The occurrence of any of the following shall be an "Event Default": (1) any Event of Default (as defined in any of the Loan Documents); (ii) any defa under any of the Loan Documents that does not have a defined set of "Events of Default" a the lapse of any notice or cure period provided in such Obligations with respect to such defat (ill) demand by the Bank under any of the instruments or agreements giving rise to any of t Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of obligations hereunder; (v) the falsity, inaccuracy or material breach by the Guarantor of a written warranty, representation or statement made or furnished to the Bank by or on behalf the Guarantor; or (vi) the termination or attempted termination of this Guaranty. Upon tl occurrence of any Event of Default, (a) the Guarantor shall pay to the Bank the outstandii amount of the Obligations; or (b) on demand of the Bank, the Guarantor shall immediate deposit with the Bank, in U.S. dollars, the outstanding amount of the Obligations, and the Bai may at any time use such funds to repay the Obligations; or (c) the Bank in its discretion mo exercise with respect to any collateral any one or more of the rights and remedies provided secured party under the applicable version of the Uniform Commercial Code; or (d) the Bank its discretion may exercise from time to time any other rights and remedies available to it at la, in equity or otherwise. 7. Rioht of Setoff. In addition to all liens upon and rights of setoff against ti Guarantor's money, securities or other property given to the Bank by law, the Bank shall hav with respect to the Guarantor's obligations to the Bank under this Guaranty and to the exte permitted by law, a contractual possessory security interest in and a contractual right of sett against, and the Guarantor hereby assigns, conveys, delivers, pledges and transfers to tF Bank all of the Guarantor's right, title and interest in and to, all of the Guarantor's deposit moneys, securities and other property now or hereafter in the possession of or on deposit wit or in transit to, the Bank, whether held in a general or special account or deposit, whether he jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, < IRA, Keogh, and trust accounts. Every such security interest and right of setoff may 6 exercised without demand upon or notice to the Guarantor. Every such right of setoff shall t deemed to have been exercised immediately upon the occurrence of an Event of DefaL hereunder without any action of the Bank, although the Bank may enter such setoff on its book and records at a later time. 8. Collateral This Guaranty Is secured by the property described in any collaten security documents which the Guarantor executes and delivers to the Bank and by such othe collateral as previously may have been or may in the future be granted to the Bank to secur any obligations of the Guarantor to the Bank. 9. Costs. To the extent that the Bank incurs any costs or expenses in protecting c enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' fee and the costs and expenses of litigation, such costs and expenses will be due on demand, wi be Included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations). (Al 111840:1) 3 10. Postponement of Subrogation. Until the Obligations are indefeasibly paid in full, the Guarantor irrevocably postpones and subordinates in favor of the Bank any and all rights which the Guarantor may have to (a) assert any claim against the Borrower based on subrogation rights with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Jud meat. The Guarantor hereby empowers My attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, o a series of judgments, against the Guarantor in favor of the Bank for the amount oft e Obligations, together with interest thereon at the Default Rate set forth in the Note, c is of suit and an attorney's commission of the greater of 5% of such principal and Inter t or $5,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a co y verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waiv s and releases all errors in said proceedings and all rights of appeal and all relief from a y and all appraisement, stay or exemption laws of any state now in force or herea or enacted. No single exercise of the foregoing power to confess judgment, or a series of judgmen s, shall be deemed to exhaust the power, whether or not any such exercise shall be held y any court to be invalid, voidable, or void, but the power shall continue undiminished a d It may be exercised from time to time as often as the Bank shall elect until such time is the Bank shall have received payment In full of the outstanding balance due on t e Obligations and costs. Notwithstanding the attorney's commission provided for In It preceding paragraph (which is Included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the Bank may recover from It e Guarantor shall not exceed the actual attorneys' fees Incurred by the Bank. 12. Notices. All notices, demands, requests, consents, approvals and of communications required or permitted hereunder must be in writing and will be effective u receipt. Such notices and other communications may be hand-delivered, sent by facsii transmission with confirmation of delivery and a copy sent by first-class mail, or sent nationally recognized overnight courier service, to the addresses for the Bank and Guarantor set forth above or to such other address as one may give to the other in writing such purpose. 13. Preservation of Rights. No delay or omission on the Bank's part to exercl any right or power arising hereunder will impair any such right or power or be considered waiver of any such right or power, nor will the Bank's action or inaction impair any such right power. The Bank's rights and remedies hereunder are cumulative and not exclusive of ai other rights or remedies which the Bank may have under other agreements, at law or in equi The Bank may proceed in any order against the Borrower, the Guarantor or any other obligor 1 or any collateral securing, the Obligations. 14. Ills ali . In case any one or more of the provisions contained In this Gua should be invalid, illegal or unenforceable in any respect, the validity, legality and enforcei of the remaining provisions contained herein shall not in any way be affected or Imp thereby. 15. Changes in Writing. No modification, amendment or waiver of any provision this Guaranty nor consent to any departure by the Guarantor therefrom, will be effective unle (A1111840:1) 4 made In a writing signed by the Bank, and then such waiver -or consent shall be effective only in the specific Instance and for the purpose for which given. No notice to or demand on t e Guarantor in any case will entitle the Guarantor to any other or further notice or demand in t e same, similar or other circumstance. 16. Entire Agreement. This Guaranty (including the documents and instruments referred to herein) constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the Guarantor and the Bank with respect to the subject matter hereof; provided, however, that this Guaranty is In addition to, and not in substitution for, any other guarantees from the Guarantor to the Bank. 17. Successors and Melons. This Guaranty will be binding upon and inure to t e benefit of the Guarantor and the Bank and their respective successors and assigns; 1MAe , however, that the Guarantor may not assign this Guaranty in whole or In part without the Bank's prior written consent and the Bank at any time may assign this Guaranty in whole or in part. 18. Interpretation. In this Guaranty, unless the Bank and the Guarantor otherwi e agree in writing, the singular includes the plural and the plural the singular; references o statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the won: s "including", "includes" and "include" shall be deemed to be followed by the words "witho limitation"; and references to sections or exhibits are to those of this Guaranty unless otherwi indicated. Section headings in this Guaranty are included for convenience of reference only a shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed 1: y more than one party as Guarantor, the obligations of such persons or entities will be joint an several. 19. Indemnity. The Guarantor agrees to indemnify each of the Bank, its director officers and employees and each legal entity, if any, who controls the Bank (the "indemniflE Parties") and to hold each Indemnified Party harmless from and against any and all claim damages, losses, liabilities and expenses (including all fees and changes of internal or extern counsel with whom any Indemnified Party may consult and all expenses of litigation preparation therefor) which any Indemnified Parry may incur or which may be asserted again any Indemnified Party as a result of the execution of or performance under this Guarant provided, however, that the foregoing indemnity agreement shall not apply to claims, damage losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence willful misconduct. The indemnity agreement contained in this Section shall survive * termination of this Guaranty. The Guarantor may participate at its expense in the defense any such claim. 20. Goveming Law and Jurisdictg. This Guaranty has been delivered to a accepted by the Bank and will be deemed to be made in the Commonwealth of Pennsylvan THIS GUARANTY WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE BANK AND T GUARANTOR DETERMINED IN ACCORDANCE WITH THE LAWS OF COMMONWEALTH OF PENNSYLVAN EXCLUDING ITS CONFLICT OF LAWS RULES. The Guarantor hereby irrevocably consents to t exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvan provided that nothing contained in this Guaranty will prevent the Bank from bringing any actic enforcing any award or judgment or exercising any rights against the Guarantor individual against any security or against any property of the Guarantor within any other county, state other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the ven+ provided above is the most convenient forum for both the Bank and the Guarantor. TI 01111840:1) 5 Guarantor waives any objection to venue and any objection based on a more convenient f in any action instituted under this Guaranty. 21. WAIVER OF JURY TRIAL. THE GUARANTOR IRREVOCABLY WAIVES AND ALL RIGHT THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACT PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE GUARAN ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Guarantor acknowledges that it has read and understands all the provis of this Guaranty, Including the confession of judgment and waiver of jury trial, and been advised by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date written above, with the intent to be legally bound hereby. ATTESTIWITNESS: SNYDER'S HARDWARE, INC., a Pennsyl is ration Ric and J. er, Presi+ {A1111840:1} 6 DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: SNYDER'S HARDWARE, INC. 119 West Lancaster Avenue ShillingWn, Pennsylvania 19607 Lender: INTEGRITY BANK 3345 Market Street Camp Hill, Pennsylvania 17011 The undersigned has executed, and/or Is executing, on or about the date hereof, a Guaranty Suretyship Agreement, in respect of the obligations owed to Lender by, RICHARD J. SNYDER CAROLE B. SNYDER, under which the undersigned is obligated to repay monies to Lender. A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAI S PROVISIONS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEI G FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTH R CLAIMS THAT MAY BE ASSERTED AGAINST IT BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, T E UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRE Y AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST IT BY CONFESSION PURSUANT TO E TERMS THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAI PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF E UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF ITS RIGHTS AFTE R JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGN D HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS TO NOTICE AND A HEARING D EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UND R APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certifies that a representative of Lender specifically called the confession judgment provisions in the above document to the attention of the undersigned, and/or that t undersigned was represented by legal counsel in connection with the above document. D. The undersigned hereby certifies that its annual income exceeds $10,000; that all referenc to "the undersigned" above refer to the entity below; and that the undersigned received a copy hereof the time of signing. Dated as of March 18, 2008. ATTEST/WITNESS: SNYDER'S HARDWARE, INC., a Pennsvhrg da comoration Richard J. 1186r. President _ B411a V y (Al111840;1) 7 GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is entered i to as of March 18, 2008, by SNYDER'S ROSE PROJECT, LP, a Pennsylvania limited partners ip ("Guarantor"), with an address at 119 West Lancaster Avenue, Shillington, Pennsyiva is 19607, in consideration, of the extension of credit by INTEGRITY BANK, a Pennsylva is banking institution, its successors and assigns ("Bank"), with an address at 3345 Ma et Street, Camp Hill, Pennsylvania 17011 to RICHARD J.'SNYDER and CAROLE B. SNYD R ("Borrower"), and other good and valuable consideration, the receipt and sufficiency of wh ch are hereby acknowiedged. 1. Guaranty of Obligations. The Guarantor hereby guarantees, and beco as surety for, the prompt payment and performance of: all loans, advances, debts, liabilities, obligations, covenants and duties owing by the Borrower to the Bank, of any kind or nature, present or future (including any interest accruing thereon after maturity, or after the filing of ny petition in bankruptcy, or the commencement of any insolvency, reorganization or I ke proceeding relating to the Borrower, whether or not a claim for post-filing or post-petition inter st is allowed in such proceeding), whether or not evidenced by any note, guaranty or of er instrument, whether arising under any agreement, instrument or document, whether or not or the payment of money, whether arising by reason of an extension of credit, opening of a lette of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, op n or other Interest rate protection or similar agreement, or in any other manner, whether aris g out of overdrafts on deposit or other accounts or electronic funds transfers (whether thro h automated clearing houses or otherwise) or out of the Bank's non-receipt of or inability to 0011 at funds or otherwise not being made whole in connection with depository transfer check or of er similar arrangements, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Bank incurred in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attome ' fees and expenses (collectively, the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount of he Obligations to the Bank. Until the Obligations are indefeasibly paid in full, Guarantor's liabi ity hereunder shall not be reduced in any manner whatsoever by any amounts which the Bank rr y realize before or after maturity of the Obligations, by acceleration or otherwise, as a result of payments made by or on behalf of the Borrower or by or on behalf of any other person or an ity other than the Guarantor primarily or secondarily liable for the Obligations or any part thereof, or otherwise credited to the Borrower or such person or entity, or as a result of the exercise of t e Bank's rights with respect to any collateral for the Obligations or any part thereof. 2. Nature of Guaranty: Waivers. This is a guaranty of payment and not of collection and the Bank shall not be required, as a condition of the Guarantor's liability, to ma e any demand upon or to pursue any of its rights against the Borrower, or to pursue any rig is which may be available to it with respect to any other person who may be liable for the paym nt of the Obligations. This is an absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and effect until all of the Obligations have been indefeasibly paid in full, and the Ba k has terminated this Guaranty. This Guaranty will remain in full force and effect even If there is {A1111852:1} no principal balance outstanding under the Obligations at a particular time or from time to ti e. This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Bank of any other party, or any other guaranty or any security held by it for any of the Obligations, by any failure of the Bank to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any oft the Obligations or any guaranty, or by any Irregularity, unenforceability or invalidity of any oft e Obligations or any part thereof or any security or other guaranty thereof. The Guaranto 's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or defense based upon any claim the Guarantor may have against the Borrower or the Bank, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, notice of default, diligence, presentment, notice of dishonor, protest, dema d for payment, and any defense based upon the Bank's failure to comply with the notice requirements of the applicable version of Uniform Commercial Code § 9-610 are hereby waived. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Bank at any time and from time to time, without notice to or the consent oft e Guarantor, and without impairing or releasing, discharging or modifying the Guaranto 's liabilities hereunder, may (a) change the manner, place, time or terms of payment r performance of or interest rates on, or other terms relating to, any of the Obligations; (b) rene , substitute, modify, amend or alter, or grant consents or waivers relating to any oft the Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) apply any and all payments by whomever paid or however realized including any proceeds of a y collateral, to any Obligations of the Borrower in such order, manner and amount as the Ba k may determine in its sole discretion; (d) settle, compromise or deal with any other perso , including the Borrower or the Guarantor, with respect to any Obligations in such manner as t e Bank deems appropriate in its sole discretion; (e) substitute, exchange or release any securi or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herein. 3. Repayments or Recovery from the Bank. If any demand is made at any time upon the Bank for the repayment or recovery of any amount received by it in payment or on account of any of the Obligations and if the Bank repays all or any part of such amount by reason of any judgment, decree or order of any court or administrative body or by reason of Orly settlement or compromise of any such demand, the Guarantor will be and remain liab e hereunder for the amount so repaid or recovered to the same extent as if such amount h d never been received originally by the Bank. The provisions of this section will be and rema n effective notwithstanding any contrary action which may have been taken by the Guarantor n reliance upon such payment, and any such contrary action so taken will be without prejudice o the Bank's rights hereunder and will be deemed to have been conditioned upon such payment having become final and Irrevocable. 4. Financial Statements. Unless compliance is waived in writing by the Bank or until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Bark such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor). 5. Enforceability of Oblr'nations. No modification, limitation or discharge of t Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding f r relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor liability in any manner whatsoever and this Guaranty will remain and continue in full force an (Al 111852:1) 2 effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable tot e full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that may result from any such proceeding. 6. Events of Default. The occurrence of any of the following shall be an "Event of Default": (i) any Event of Default (as defined in any of the Loan Documents); (ii) any defa H under any of the Loan Documents that does not have a defined set of "Events of Default' a d the lapse of any notice or cure period provided in such Obligations with respect to such defa It; (iii) demand by the Bank under any of the instruments or agreements giving rise to any oft e Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of is obligations hereunder; (v) the falsity, inaccuracy or material breach by the Guarantor of a y written warranty, representation or statement made or furnished to the Bank by or on behalf of the Guarantor, or (vi) the termination or attempted termination of this Guaranty. Upon tie occurrence of any Event of Default, (a) the Guarantor shall pay to the Bank the outstandl g amount of the Obligations; or (b) on demand of the Bank, the Guarantor shall immediately deposit with the Bank, in U.S. dollars, the outstanding amount of the Obligations, and the Ba k may at any time use such funds to repay the Obligations; or (c) the Bank in its discretion may exercise with respect to any collateral any one or more of the rights and remedies provide a secured party under the applicable version of the Uniform Commercial Code; or (d) the Bank in its discretion may exercise from time to time any other rights and remedies available to it at la , in equity or otherwise. 7. Riaht of Setoff. In addition to all liens upon and rights of setoff against t e Guarantor's money, securities or other property given to the Bank by law, the Bank shall ha e, with respect to the Guarantor's obligations to the Bank under this Guaranty. and to the ext nt permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and the Guarantor hereby assigns, conveys, delivers, pledges and transfers tot e Bank all of the Guarantor's right, title and interest in and to, all of the Guarantor's deposi s, moneys, securities and other property now or hereafter in the possession of or on deposit wi h, or in transit to, the Bank, whether held in a general or special account or deposit, whether h Id jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may e exercised without demand upon or notice to the Guarantor. Every such right of setoff shall e deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of the Bank, although the Bank may enter such setoff on its boo s and records at a later time. 6. Collateral. This Guaranty is secured by the property described in any collate I security documents which the Guarantor executes and delivers to the Bank and by such other collateral as previously may have been or may in the future be granted to the Bank to secure any obligations of the Guarantor to the Bank. 9. Costs. To the extent that the Bank incurs any costs or expenses in protecting r enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' f s and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations). (A1111852:1) 3 10. Postaonement of Subrogation. Until the Obligations are indefeasibly paid in full, the Guarantor irrevocably postpones and subordinates in favor of the Bank any and II rights which the Guarantor may have to (a) assert any claim against the Borrower based on subrogation rights with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation In any marshalling of the Borrower's assets. 11. Power to Confess Judgment. The Guarantor hereby empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in flavor of the Bank for the amount oft e Obligations, together with interest thereon at the Default Rate set forth in the Note, cos of suit and an attorney's commission of the greater of 5% of such principal and inter it or $5,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a co y verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waiv s and releases all errors in said proceedings and all rights of appeal and all relief from a y and all appraisement, stay or exemption laws of any state now in force or hereaft r enacted. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held y any court to be Invalid, voidable, or void, but the power shall continue undiminished a d it may be exercised from time to time as often as the Bank shall elect until such time s the Bank shall have received payment in full of the outstanding balance due on t e Obligations and costs. Notwithstanding the attorney's commission provided for in t e preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the Bank may recover from t e Guarantor shall not exceed the actual attorneys' fees incurred by the Bank. 12. Notices. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective u n receipt. Such notices and other communications may be hand-delivered, sent by facsim e transmission with confirmation of delivery and a copy sent by first-class mail, or sent y nationally recognized overnight courier service, to the addresses for the Bank and e Guarantor set forth above or to such other address as one may give to the other in writing f )r such purpose. 13. Preservation of Rights. No delay or omission on the Bank's part to exercise any right or power arising hereunder will impair any such right or power or be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right or power. The Bank's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Bank may have under other agreements, at law or in equi . The Bank may proceed in any order against the Borrower, the Guarantor or any other obligor f, or any collateral securing, the Obligations. 14. Illegality. In case any one or more of the provisions contained in this Guaran should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceabili of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. Chanuea in Writing. No modification, amendment or waiver of any provision f this Guaranty nor consent to any departure by the Guarantor therefrom, will be effective unle s (A1111852:1) 4 made in a writing signed by the Bank, and then such waiver or consent shall be effective only the specific instance and for the purpose for which given. No notice to or demand on t Guarantor in any case will entitle the Guarantor to any other or further notice or demand in t same, similar or other circumstance. 16. Entire Agreement. This Guaranty (including the documents and instrumer referred to herein) constitutes the entire agreement and supersedes all other prior agreemer and understandings, both written and oral, between the Guarantor and the Bank with respect the subject matter hereof; provided, however, that this Guaranty is in addition to, and not substitution for, any other guarantees from the Guarantor to the Bank. 17. Successors and Assigns. This Guaranty will be binding upon and inure to tl benefit of the Guarantor and the Bank and their respective successors and assigns; Provide however, that the Guarantor may not assign this Guaranty in whole or in part without the Banl prior written consent and the Bank at any time may assign this Guaranty in whole or in part. 18. Interpretation. In this Guaranty, unless the Bank and the Guarantor otherwi agree in writing, the singular includes the plural and the plural the singular; references statutes are to be construed as including all statutory provisions consolidating, amending replacing the statute referred to; the word "or" shall be deemed to include "and/or", the wor "including", "includes" and "include" shall be deemed to be followed by the words "withc limitation"; and references to sections or exhibits are to those of this Guaranty unless otherv indicated. Section headings in this Guaranty are included for convenience of reference only ai shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed more than one party as Guarantor, the obligations of such persons or entities will be joint ai several. 19. Indemnity. The Guarantor agrees to indemnify each of the Bank, its directo officers and employees and each legal entity, if any, who controls the Bank (the "Indemnifl Parties") and to hold each Indemnified Party harmless from and against any and all clain damages, losses, liabilities and expenses (including all fees and charges of internal or exten counsel with whom any Indemnified Party may consult and all expenses of litigation preparation therefor) which any Indemnified Party may incur or which may be asserted agait any indemnified Party as a result of the execution of or performance under this Guarar Provided, however, that the foregoing indemnity agreement shall not apply to claims, damage losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence willful misconduct. The indemnity agreement contained in this Section shall survive t termination of this Guaranty. The Guarantor may participate at its expense in the defense any such claim. 20. Governing Law and Jurisdiction. This Guaranty has been delivered to at accepted by the Bank and will be deemed to be made in the Commonwealth of Pennsylvani THIS GUARANTY WILL BE INTERPRE I D AND THE RIGHTS AND LIABILITIES OF THE BANK AND Ti GUARANTOR DETERMINED IN ACCORDANCE WITH THE LAWS OF COMMONWEALTH OF PENNSYLVANI EXCLUDING ITS CONFLICT OF LAWS RULES. The Guarantor hereby irrevocably consents to tl exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvani provided that nothing contained in this Guaranty will prevent the Bank from bringing any actic enforcing any award or judgment or exercising any rights against the Guarantor individuall against any security or against any property of the Guarantor within any other county, state other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the vent provided above is the most convenient forum for both the Bank and the Guarantor. TI {A1111852:1} 5 Guarantor waives any objection to venue and any objection based on a more convenient in any action instituted under this Guaranty. 21. WAIVER OF JURY TRIAL. THE GUARANTOR IRREVOCABLY WAIVES AND ALL RIGHT THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY AC'i PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE GUARAN ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Guarantor acknowledges that it has read and understands all the provis of this Guaranty, Including the confession of judgment and waiver of jury trial, and been advised by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date fii written above, with the intent to be legally bound hereby. GUARANTOR: Witness: SNYDER'S ROSE PROJECT, LP, a Pennsylvania limited partnership By: Snyder's Rose Project, LLC, a Pennsylvania limited liability company, its sole aemral partner , By Richard J. Pr der, Manager {A1111852:1} 6 DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned; SNYDER'S ROSE PROJECT, LP 118 West Lancaster Avenue Shillington, Pennsylvania 19607 Lender: INTEGRITY BANK 3345 Market Street Camp Hill, Pennsylvania 17011 The undersigned has executed, and/or is executing, on or about the date hereof, a Guaranty Suretyship Agreement, in respect of the obligations owed to Lender by, RICHARD J. SNYDER CAROLE B. SNYDER, under which the undersigned is obligated to repay monies to Lender. A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CON7 PROVISIONS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. B FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR a CLAIMS THAT MAY BE ASSERTED AGAINST IT BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRE AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST IT BY CONFESSION PURSUANT TO TERMS THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAII PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF T UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF ITS RIGHTS AFT JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGN HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS TO NOTICE AND A HEARING AI EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDI APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certifies that a representative of Lender specifically called the confession judgment provisions in the above document to the attention of the undersigned, and/or that 1 undersigned was represented by legal counsel in connection with the above document. D. The undersigned hereby certifies that its annual income exceeds $10,000; that all reference to "the undersigned" above refer to the entity below; and that the undersigned received a copy hereof the time of signing. Dated as of March 18, 2008. Witness: SNYDER'S ROSE PROJECT, LP, a Pennsylvania limited partnership By: Snyder's Rose Project, LLC, a Pennsylvania limited liability company, its sole aeneFal Deftner A By Richard J. Wider, Manager (Al 111852: 11 7 ?j? T?it1dCATl?x ea a1?ORE ? aed lend ieia aw o?i1r?'?4? of ? ?! ,? Rok w dx l to et? Mk 40 ? endy*r, r a i t BArB ?3oa+ow?er t?oseed aNolo t?id? dle &mk doled AtiKbb 18, ROCS, elde?i+o? ? 1o?1i 9d plti+M+lQal, Rmoant dl?IOi000.g4 {fir tdi?tticd b a: "l?otd"k +eld '13,1Mfee?ipeb? de?e M 6opomfae?0, X09 andi6e 8anro•+q? noq?ered aa?dt6u meelc hit''' end b be >? ?dx Noble b eeaeni 1ba ?plapa?? diie• iQC1W, , ?u'vrJus ?scdNd did 60 maul aonrglmd 1md + Leailei?lr aeiad, aediapapaim? b 6C ?y brlafwi ? 1l?C imd ?fcweeR gq?•/pd a0[aee as ?8oa?i: 1. zlsem, ?d ioof 6iptlwbarsa r tb.a.dboldoedia ^ 2mg. 4 AD ow one* nR adedpv N*{ ccm%ftod in dw mbrwddNob wmp to for aabn maw' I' aA nmdG k fA daaof aid beat ?. `?aero?rar &dT dwwp ma bd*wd¦ n is no&hm wbb *mums cfdblgm n b mb "04 A4 STnM h, em Hook lW by 3wi*Mlrl s ?rlMed We Eobr anty eal A aflo d v and yoe ibart' ? ieRe?adils b iapllri?ivd ?oamet?m, tblir rawp?tln jMiti, ni iaeaneora, and +wi?• WdW /any 7"(7 'I'bis MOI)MCAT'ION to a NOM made and entered into as of is day of 4"M4 2009 but e$botlve for all purimw as of .2009 by Ntwow lnteOT Halt, (HEREINTAPM ralbu ed to as "Banlt) and Ricieed I Snyder and Carole B. Saydw. WHMtEAS Borrower exaaated a Nola with the Bank dated Much 18, 2008, evideswing a toes in the P tMMM of $310,000.00 (lxareb #ft mated to as "Note's; and WMMEAS, the maturity date is September 20, 2009 nand the Boa Mer has requested and the Bank has arced to modify the terms of the Nobs to extend the me"* date. NOW, 7UMMRF,, for valm raadved and tia mutual covamnts and agreemcmts bmwofter oontalned, and intatnding to be legally bourod hereby, Bank and Borrower covanent and agrees as follows: 1 _ Tho nmaturity data ofNovember 20, 2009 "be emu n" to ju ary 20, x010. 2. All otbar terms, oorrdidoas, and stipatations ooaWuod into of oresaid NoW except to tic extent modified heroin sball remain in full fines end dhct. 3. Bon*vm dtall disc}mp @ra kdd*dmu in accordance with the terms of the Note as hor cin modifiv& IN WIT MS WMREOF, the Bank and the Borrower have taraaed this Agreement to be duly exearttd as of the day sand year fist written, intending to leg * bird thamselves„ their rive laces, repeasrnttttives, successors, and assigns. 3 Wahy Regional Vice Prievident Bt: O By: s .___ ILit:herd J. 3nyda ?,cad i of a ? BY: CNOIC rlnesa ` ». SM der r 7bie110 boa)i=maltreedemmmakb word&-pp-dwd 2010bitOmm mftalpw,peeeama! ?M°•' Zg09b1?aedYr+alaemle?igr 1?Itel)c, ?,? b et ?mtt' IRNd?b? and 1'?reeU ?. Seq?das: W1 Ai owr muorbd ti Nabs 1r1ds tie Swk dared )Aeeob 11.2Wk cvidoo ft a 1em in the pebnoipeT It?Rlt at Q10,pOd00 met eeI V, b rr "lawl sad ?lYt?, rar mtm?r d+r. Y 11?+t ?? ? ad dsHaeeo?rac hea eogneated ¦?d dee Hm? laa ?? b modb?r Aie rem $tia b?ialo b ? ma md?ily deta ?M? . ?1? eaoaivd wd tlreeatiebwl ? and a?eem heroircAee e+ee?rtdead. and bft tR b b ft t bmmd M by, &mlunid lnmma w4 mma nd oneer wing l o! N srmeity rasa at34W 3% 2010 dmA be mbWd to )hab 20i 9010. i AM a&w rermW,oedtde % Wd 0*dWO a WMftb d b Mm elJ OMM MIO tlMO" N NWWJAU madm die, 1 44iaaeleiaiMu>b"MANSCt a. >woaowe a? diet dm iode?bte8rele 34 ac0adceee ritlb dte teems of die 1'10m M >teedn wodiGed. )xvnm= WZMM g, dew Sukmdtbio amornar boas umd &k Arwomnt b be dnlp r xnmd as of lm &W rad tmm deetadMae. tomWbR to billy Mid Odra, dWrimpoWw Yobs, wpowatNik wooorroce, asd eadpor• SY: J. Qayar d aegriir !t Ilia MODIFICATION to a NOTE made and entered into as of ".oPV day of 2010 but effective for all purposes as of . 2010 by and between Integrity Bank, AFTER refuted to as 'BanY) and Richard J. Snyder and Carole B. Snyder. WI'INESSEM: WHEREAS Borrower ea rated a Note with the Bank dated March 18, 2008, evidencing a loan in the principal amount of $310,585.88 (hereinafter referred to as "Note"); and WHMMAS, the maturity date is September 20, 2009 and the Borhower has requested and the Bank has agreed to modify do teams of the Note to extend the maturity date. NOW, THERBFORE, for value received and the mntusl covenants and agreements hereinafter contained, and intending to be legally bound hereby, Bank and Borrower covenant and agrees as follows: I. The maturity date of March 20, 2010 "be attended to July 30, 2010. 2. All other terms, conditions, and stipuMow contained in the aforesaid Note except to the extent modif ied heroin shall remain in full force and effect. 3. Borrower shall- discAne the indebwheas in accordance with the terms of the Note as heirein modified. IN WITNESS WHEREOF, the Bank and the Borrower have caused this Agreement to be duty executed as of the day and year fast written, intending to legally bind themselves, their respective heirs, representative, successom, and assigns. 7Y.1 Welty 1 vice President BORRO BY: Richard J. Snyder By. e? C 41c B. Snyder ThUMODEFICAMCff4 ti olgOTE mode mdaomd bio as of&k2Lday of AW, 2020 btu Wbetlve tar dl pwpmm a of '? t s } 2010 Try sndbawm I wl* $wk B8INAFM mfermd to eauBmk") madRiabod 7 SAvdw and Carole 23. Snyder. WITNESSM: WIMMM Soreower aatmmd a Nom wadi die Bank doled Mar* 15,?A & avidmetag m loan in tba prlsaipel waomnt of 5310,sSS.88 (baramef6or oef?t+ed to ss "Note'?; aid WldHS1YA Om mumdW dais is Sapmiber 20,2W aid doe Ba n m has mpaakd mad the Hank has agreed to mo ft the mama of d m Noce to wood dra mmirity dam. NOW, 'I ttA I= value rm*nd and the mm W oevenaana and agaamRms4a borabmRer madmd, aid b 0 to be ImpUy booed haft, Balk ad Rom ww egivamnt and egrets m Wom 1. The math dam of 3 0,2010 stall be eaeodod to Novembw 42010. 2. AN odic tmma, wndkium4 end adpuiodoaa ooaiafoed is the efteWdWota adept in the extant modified hm:k,ball semaio is 5t115otm raid affiwL. 3. Boma m aba11 diwbtmp the iadebw& m! in aeowdaoee with rho tame of the Nate as herein madiEad. IN WC? 4= WMMF. die Bak and die Boanwar have !!teed thin Aliq OM lC be dnly M=Pj rd ae of ft dW amdrw fns wdttM Wmaft to kSvW bind mmuaetvmh d Wr ttmpeodvn bats, zed, aeevaaaSel, mid eedem S ekS? Re Vlompraddoat 80 BY 1 900/2000 Sl13d01300-8JOANS Z988LLLOLD Xt13 Ot:t't OtOME PROMISSORY NOTE MODIFICATION AGM This MODIFICATION to a NO made entered into as of this,E/_day of e?cC •, 2010 but effective for all purposes as of-ZZ t Pa 2010 by and between Integrity Bank, (HEREINAFTER referred to as "Bank') and Richard J. Snyder and Carole B. Snyder. WITNESSETH: WHEREAS Borrower executed a Note with the Bank dated Mareb 18, 2008, evidencing a loan in the principal amount of $310,585.88 (hereinafter referrod to as "NoWl; and WHEREAS, the maturity date is November 15, 2010 and the Borrower has requested and the Bank has agreed to modify the terms of the Nom NOW, THEREFORE, for value received and the mutual covenants and agreements hereinafter contained, and intending to be legally bound hereby, Bank and Borrower covenant and agrees as follows: 1. The maturity date of November 15, 2010 shall be extended to January 15, 2011. 2. All other terms, conditions, and stipulations contained in the aforesaid Note except to the extent modified herein shall remain in M force and effect. 3. Borrower shall discharge the indebtedness in accordance with the terms of the Note as herein modified IN WITNESS WHEREOF, the Bank and the Borrower have caused this Agreement to be duly executed as of the day and year fast written, intending to legally bind themselves, their respective bows, representatives, successors, and assigns, BORR BY Richard J. Snyde BY: C le B. Snyder kv lnte ' c Welty Regional Vice President PROMISSORY NOTE MODIFICATION AGREEMENT This MODIFICATION to a N and entered into as of this ltday of May, 2011 but effective for all purposes as of 2011 by and between Integrity Bank, (HEREINAFTER referred to as `Bank" and Richard J. Snyder and Carole B. Snyder. WITNESSETH: WHEREAS Borrower executed a Note with the Bank dated March 18, 2008, evidencing a loan in the principal amount of $310,585.88 (hereinafter referred to as "Note'l; and WHEREAS, the maturity date is August 1, 2011 and the Borrower has requested and the Bank has agreed to modify the terms of the Note. NOW, THEREFORE, for value received and the mutual covenants and agreements hereinafter contained, and intending to be legally bound hereby, Bank and Borrower covenant and agrees as follows: 1. The maturity date of August 1, 2011 shallbe extended to April 30, 2012. 2. All other terms, conditions, and stipulations contained in the aforesaid Note except to the extent modified herein shall remain in full force and effect. 3. Borrower shall discharge the indebtedness in accordance with the terms of the Note as herein modified. IN WITNESS WHEREOF, the Bank and the Borrower have caused this Agreement to be duly executed as of the day and year fast written, intending to legally bind themselves, their respective heirs, representatives, successors, and assigns. +?GL SteVfi Welty Regional Vice President W ess wi ess BORROWER BY: ~. Richard J. Snyder BY: 4'- `r Carole B. Snyder 1 INTEGRITY BANK, Plaintiff V. P ? fde/? ,,,# ,?,'yt pK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ? SNYDER' S ROSE PROJECT, LP, SNYDER'S HARDWARE, INC., RICHARD J. SNYDER, and CAROLE B. SNYDER Defendants : CIVIL ACTION -LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Snyder's Hardware, Inc., 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Rose Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Richard J. Snyder 100 Knipe Lane Reading, PA 19607-9440 Carole B. Snyder 100 Knipe Lane Reading, PA 19607-9440 A judgment in the amount of $163,756.17 along with interest from and following June 18, 2012 at the per diem rate of $15.30 until paid in full, plus costs, has been entered against you and i favor of Integrity Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. ' sheriff may take your money or other property to pay the judgment at any time after thirty (30) da} 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 being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH Y4 t NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC Date: July 3, 2012 By - Nedric L. Nissly, Esquire Attorney I.D. No. 44233 nnissly@mwn.com 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. SNYDER' S ROSE PROJECT, LP, c - SNYDER'S HARDWARE, INC., F RICHARD J. SNYDER, and r CAROLE B. SNYDER --<> urt Defendants CIVIL ACTION -LAW r -0 3 ?c?, ar z C-, CERTIFICATION OF ADDRESSES as I, Nedric L. Nissly, hereby certify the following addresses for the Defendants as follows: Snyder's Hardware, Inc., 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Richard J. Snyder 100 Knipe Lane Reading, PA 19607-9440 Snyder's Rose Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Carole B. Snyder 100 Knipe Lane Reading, PA 19607-9440 The following address for the Plaintiff is as follows: Integrity Bank 3314 Market Street, Suite 305 Camp Hill, PA 17011 Date: July 3, 2012 McNEES WALLACE & NURICK LLC By Nedric L. PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnissly@mwn.com Attorneys for Plaintiff Integrity Bank ", c? INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SNYDER'S ROSE PROJECT, LP, SNYDER'S HARDWARE, INC., RICHARD J. SNYDER, and CAROLE B. SNYDER Defendants V. CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF RICHARD J. SNYDER AND CAROLE B. SNYDER No. I , - N17?? v. rr c7 -r =? EE: 77 r COMMONWEALTH OF PENNSYLVANIA : SS. DAUPHIN COUNTY The undersigned, being duly sworn according to law, deposes and says that to the best of information and belief, Defendants Richard J. Snyder and Carole B. Snyder is not in the Mili Naval Service of the United States or its Allies, or otherwise within the provisions of the or Members Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. Abp. 501, et seq. The Defendants are over eighteen (18) years of age and were last known residing at Knipe Lane, Reading, PA 19607-9440. Nedric . Nissly SWORN and subscribed to before me this%b day c J y, 2012. CC 0j '1 i? 0 Notary Public' My Commission Ex Tres (SEAL) INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SNYDER'S ROSE PROJECT, LP, SNYDER'S HARDWARE, INC., RICHARD J. SNYDER, and CAROLE B. SNYDER Defendants No. a_g1),s : CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT ($310,000 Loan) TO: Snyder's Hardware, Inc., 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Rose Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Richard J. Snyder 100 Knipe Lane Reading, PA 19607-9440 Carole B. Snyder 100 Knipe Lane Reading, PA 19607-9440 You are hereby notified that on July S, 2012 a judgment by confession was entered each of you in the above-captioned case in favor of Integrity Bank as follows: Principal $146,865.06 Interest 1,897.01 Late Fees 45.89 Satisfaction Fees 72.00 Attorney's Fees (10%) 14,876.21 Total: $163,756.17* *along with interest accruing at the per diem rate of $15.30 from June 18, 2012, until paid in full, plus costs. C7` DATE: 72 w PROTHONOTARY INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 12-4175 SNYDER'S ROSE PROJECT, LP, : SNYDER'S HARDWARE, INC., : RICHARD J. SNYDER and , CAROLE B. SNYDER rrnw C- Defendants :CIVIL ACTION -LAW r .) c=) , RETURN OF SERVICE PURSUANT TO C7 -0 ' ? t °r +r `- PA. R.C.P. No. 2958.1(c) vim,. •• c-? Plaintiff, Integrity Bank, hereby files this Return of Service and swears and affirms that her persons listed below were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgme nt and Execution Required by Rule 2958.1 by certified mail, return receipt requested , as provided y Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. TO: Snyder's Hardware, Inc., Richard J. Snyder 119 West Lancaster Avenue 100 Looking Glass Lane Shillington, Pennsylvania 19607 Reading, PA 19607-9203 Snyder's Rose Project, LP Carole B. Snyder 119 West Lancaster Avenue 100 Looking Glass Lane Shillington, Pennsylvania 19607 Reading, PA 19607-9203 Respectfully submitted, Date: July 17, 2012 McNEES WALLACE & NURICK LLC Y--'? edric . i , Esquire Attorney I.D. No. 44233 nnissly@mwn.com 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5357 Attorneys for Integrity Bank ? Agent ? Addressee O No -- --------------- ------ .----- 2. Article Number E 7160 3901 98415 917L ft I ..Wm I# nwowt 4. Restricted Delivery? (Extra Fee) Dyes Carole B. Snyder 100 Looking Glass Lane 3. SOMIN Type CERIFIED IM&M 4. Resided oerterlPr (Orbs Fee) i 1. Article Addressed to. Snyder's Hardware, Inc. 119 West Lancaster Avenue Shillington, PA 19607 Reading, PA 19607-9203 21328-0124 3029 PS Form 3811, January 2005 bomestic Return Receipt 12-t?S 2. Article Number ti lrteau Print a Daft 'a o e C 7/1ZI a 7196 9006 9111 4826 1 5 X? (?? . ?Agenn p Addressee Q I YEde address dnnM Imm ? t? d*.wy address below: pn No 21328-0124 3029 Form 38°11, Retum 2. Article Mmr?ier^°".'? 7196 9008 9111 4826 9962 3 Service lype CERIIFlED MALL*r 1. Artlde Addressed to: Richard J. Snyder 100 Looking Glass Lane Reading, PA 19607-9203 A. t by Meaes pft Cfeariy) S. no d Addressee ? -- Eft Mt ?CJ y 21328-0124 3029 ? i?-?tt1S