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Home My WebLink About13-0098ORIGIidAL BARLEYSNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 ~'~LED-fJ~~,C€ C+~ ENE PRQTNU~iDTARY 20I3 JAM -7 Ati ! 1 ~ 34 CUMBERLAND COUNT`f PEkNSYLVl~NiA Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FAITH E. WAIT and DAVID A. WAIT, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. ~3 - ~g l../tic (~~~L. `"''l. CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney in the Guaranty executed by Defendants in favor of Plaintiff, a true and correct copy of which is attached to the Complaint filed in this action as Exhibit "C" and which is incorporated herein by reference, I hereby appear for Defendants, Faith E. Wait and David A. Wait, and confess judgment for money damages in favor of Plaintiff and against Defendant as follows: Principal ....................................................................... $278,349.96 Interest through 12/5/2012 at a rate of $19.23 per diem ...................................................... 28,117.03 10% Attorneys' Fees ..................................................... 30,646.70 Late Fees ....................................................................... 10,280.84 Total ........................................................................ 3770003-1 $347,394.53 ~~ 1.,O1j cL tQ~~,~ ~?~~8y9~~, _ Z ORIGINAL BARLEYSNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 C~" TEE Pf~OTH~tdOTar~Y ~Dl3 JAN -7 AM t I ~ 34 eur~acR~.~~~ cc~t~rY ~Er~r~sY~.vahEA Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FAITH E. WAIT and DAVID A. WAIT, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, files this Complaint pursuant to Pa. R.C.P. §2951 for judgment by confession and avers the following: 1. Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank ("Fulton"), is a national banking association with a principal location of One Penn Square, PO Box 4887, Lancaster, Pennsylvania 17604. 2. Defendant, Faith E. Wait, is an adult individual with a last known address of 1103 Bridge Street, New Cumberland, Pennsylvania 17070. 3. Defendant, David A. Wait, is an adult individual with a last known address of 1103 Bridge Street, New Cumberland, Pennsylvania 17070. 4. On or about September 9, 2005, in connection with a business loan, David A. 3770003-1 Wait (the "Borrower") executed and delivered to Plaintiff a Promissory Note ("Note 1 ") in the amount of $200,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated by reference. 5. On or about September 9, 2005, in connection with a business loan, David A. Wait (the "Borrower") executed and delivered to Plaintiff a Promissory Note ("Note 2" and together with Note 1, the "Notes") in the amount of $150,000.00. A true and correct copy of the Note is attached hereto as Exhibit "B" and incorporated by reference. 6. On or about September 9, 2005, Defendants executed and delivered to Fulton a Commercial Guaranty (the "Guaranty"), by which Defendants agreed to unconditionally guaranty and become surety to Fulton for all amounts owed to Fulton by Borrower. A true and correct copy of the Guaranty is attached hereto as Exhibit "C" and incorporated by reference. 7. The Guaranty authorizes confession of judgment against Defendants for all amounts due under the Guaranty plus continuing interest, costs of the proceeding and an attorneys' commission often (10%) percent of the unpaid principal balance plus accrued interest for collection, but in any event not less than $500, plus the cost of any legal proceedings. 8. As of December 5, 2012, there remained due and owing from the Borrower an unpaid balance as follows: Principal ....................................................................... $278,349.96 Interest through 12/5/2012 at a rate of $19.23 per diem ...................................................... 28 117.03 10% Attorneys' Fees ..................................................... 30,646.70 Late Fees ....................................................................... 10.280.84 Total .............................................................................. $347,394.53 plus continuing interest after December 5, 2012 at a rate of $19.23 per diem, plus continuing late 3770003-1 charges and costs of suit. 9. Defendants have failed to pay all amounts owing from the Borrower after such amounts became due, as required under the Guaranty. 10. Fulton has demanded payment of the amounts owed from Borrower under the Notes, but Borrower has failed and/or refused to pay the same. A true and correct copy of the demand letter is attached hereto as Exhibit "D" and incorporated by reference. 11. The Guaranty has not been assigned. 12. No prior judgment has been entered on the warrant of attorney contained in the Guaranty in any jurisdiction. 13. Judgment is not being entered by this Complaint against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, demands judgment against Defendants, Faith E. Wait and David A. Wait, in the total amount of $347,394.53, consisting of a principal amount of $278,349.96, interest through December 5, 2012 in the amount of $28,117.03, attorneys' fees in the amount of $30,646.70, and late fees in the amount of $10,280.84, plus continuing interest after December 5, 2012 at a rate of $19.23 per diem, plus continuing late charges and costs of suit. Date: I " a-13 BARLEYSNYDER By: ~--~C„~- Donald R. Geiter, Esquire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 717.299.5201 3770003-1 VERIFICATION (Fulton Bank v. Wait] I, JAMES PESAVENTO, Vice President, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: ~~ G / L -'----,.. ~~ James Pesavento 3770003-1 EXHIBIT "A" ~i~irnw PROMISSORY NOTE Borrower: David A. Wart Lander: Fukon Bank 1103 Bridge Street New Cumberlatd Office New Cumberland, PA 17070 Corporate Address One Penn Square Lancaster, PA 17602 Principal Amount: 5200,000.00 Date of Note: September 9, 2005 PROMISE TO PAY. David A. Wak ("Borrower") promises to pay to Fukon Benk ("Lender"), or order, in Iswful money of the Unked States of Amerke, the principal amount of Two Hundred Thousand & 00/100 Dotlera (5200,000.001, together with imerest on the unpaid principal balance from September 9, 2005, until paid in firg. PAYMENT. Subject to any payment chsngss resulting from changes in the Index, Bonower will pay this loan in accordance with the folbwing paymem schedule: 12 consecutive monthty paymems of Interest, beginning on October 9, 2005 end continuing on the 9th day of each momh thereafter, fo6owsd by 83 consecutive monthly Inablimema on account of principal and Imerest in the emoum of 53,326.70 each, beginning on October 9, 2006 and cominuing on the 9th dsy of each month thereafter. One final payment of all unpaid principal end all unpaid accrued imerest shall be due end payable on September 9, 2013. INTEREST RATE. Ths interest refs applicsbk hereunder is the annual fixed rate of 7.65% for a period of 60 months from the date hereof, fogowsd by the annual varisbk rate of 1.50% above the Index, as hereinafter defined. Unless otherwise agreed or required by app6csbls law, paymams wail bs appged first to any accrued unpaid interest; then to principal; tMn to any late chsrgss; and then to any unpskt cogsction coats, The annual Interest rate for this Note is computed on a 365!360 basis; thK is, by applying the rstio of the annual kttsrsst rste over s year of 360 days, muMplied by the outstanding principal balance, muldpBsd by the actual number of days the principal balance is outstanding. Borrower will pay Lender et Lender's address shown ebovs or at such other place as Lender msy designate in writing. VARUIBLE INTEREST RATE. Tha intareat rate on this Note is subject to change from time to time based on changes in an index which is the Fulton Bank Prime Rate (the "Index"1. The Index is not necesaarlly the lowest rate charged by Lender on its loans and is set by Lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. lender will tell Borrower the current Index rata upon Borrower's request. The intareat rata change wig not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance of this Nota will be at a rate of 1.500 percentage points over the Index. NOTICE: Under na circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the Interest rate, Lender, at its option, may do one or more of the following: IAI increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borcower's payments to cover accruing interest, (CI increase the number of Borrower's payments, and (DI continue Borrower's payments at the same amount end increase Borrower's ftnel payment. PREPAYMENT PENALTY. Upon prepayment of this Nob, Lsndsr is emidsd to the followMg prapaymem psnsky: Ths Borrower shill have fire right to propay the whole or arty part of ffis prirtelpal soil imerost hereunder provided that: lal at tM tkne of prepaymsm no evsm of dsfauk hereunder she! haw occurred; Ib- arry pnpsymeM during any fixed rob period shalt bs accompanied by a propaymsm psnaky equal to two 12%) PWCertt of the arrtotatt (c) erry Partial prspsymsm shall bs applied to the unpaid principal balance, end no prspayntem shall reduce tits amotaH of the scheduled installments nor rs6sw the Borrower from paying dte scheduled MsWlmertta on each dw date, tattL tM emirs ktdsbtedness is paw. Notwitftstandlrtg anything to tits corrorery set forth ebovs, the propaymsM penalty will not ba charged k up to twenty 120%) percerrt of lire original prMcfpai smoum is prepaid from imamslly generated funds within any loan year. Ths term "loan ysa-" at used herein b deflmd ea arty period of one year commencing on the dsta hereof or on any annivaroary of such date. Except for tM foregoktg, Borrower may pay all or s portion of tM amoum owed sarNsr than k is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borcower'a obligation to continue to make payments under the payment schedule. Rather, early payments will reduce [he principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Fulton Bank, New Cumberland Office, Corporate Address, One Penn Square, Lancaster, PA 17602. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled peYmem. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, Increase the variable intareat rate onthie Note to 6.500 percentage points over the Index. The intareat rate will not exceed the maximum rate permitted by applicable law. If Judgment is entered in connection with this Note, interest will continue to accrue on this Note after Judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shell constitute an event of default ("Event of Default"1 under this Note: Paymsm Defauk. Borrower fails to make any payment when due under this Note. Other Dsfauka. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Defsuk in Favor of Third Psrties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statemams. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading et any time thereafter. Death or Insolvency. Tha death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement. of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Crsdkor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repoesesaion or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a gemishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in en amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this NOte. In the event of a death, Lender, a[ its option, may, but shell not be required to, permit the Guarantor's estate to aeaume unconditionally the obligations arleing under the guaranty in a manner satisfactory to Lender, end, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment Is curable end if Borrower has not been given a notice of a breach of [he same provision of this Note within the preceding twelve (121 months, it may be cured if Borrower, after receiving written notice from PROMISSORY NOTE i_oBn gyp: (Continued) Page 2 Lender demanding cure of such default: 111 cures the default within fifteen f15) days; or 12) it the cure requires more than fifteen 1151 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default end thereafter continues and completes alt reasonable end necessary steps sufficient to produce compliance es soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lander may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay lender tent amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' tees, expenses for bankruptcy proceedings lincluding 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 ell other sums provided by law. JURY WAIVER. Londar and Borrower hereby waive the right to any Jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower egsinat the other. u'OilEF~i';i,.v LAYI. Thiz Neto wii b: gavvrned Sy f .'.era! err apyli:.abte :e Leado: sn3, to ;f:a .,ztar:t rct p:semptcd by fadr. e! !ar:, the taws of the Commonweallh of Pennsylvania without regard to its conflicts of law provisions. ThW Note has been scceptsd by Lender in the 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 accountl. 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 Lander, to the extent permitted by applicable law, to charge or setoff ell sums owing on the indebtedness against any end 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. Burrower acknowledges this Note is secured by Mortgage on 1103 Bridge Street, Borough of New Cumbeland, Cumberland County, PA; Accounts receivable, Inventory, generot intangibles, machinery end equipment pledged by Borrower; Guaranty of Faith E. Wait. CROSS DEFAULT. Any event of default under any loan due and owing to Lendor by Borrower, at any time, shall constitute an event of default under ell loans due and owing to Lender by Borrower. 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. Lender may delay or forgo enforcing any of its rights or remedies under this Nota 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 notico of dishonor. Upon any change in the terms of this Nate, end 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 irepeatedly end for any length of time) this loon or release any party or guarantor or collateral; or impair, fail to realize upon or prrtect Lender's security interest In the collateral; end take any other action deemed necessary by Lender witlwut the consent of or notice to arryone. All auoh parties also agree that Lander may modify this loan without the consent of or notice to anyone other than the party with whom the modification is mode. The obligations under this Note ere 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 AUTHORRES AND EMPOWERS ANY ATTORNEY OR THE PROTrfONOTARY 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 (10%) OF THE UNPAID PRINCIPAL BA44NCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 10500) 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 tN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED 8Y 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 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. PRIOR TO SIGNING THI3 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 NO'!E. 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: C X ~f/ (Seel) Devi A. Wek Signod. ncknowledged and delivered in the presence of: X_~A.~t_-T /~~I `M~~ Witness X Witness 4fff n10 Ln,N4 Vr. 4l]AO.Wf Cw~. Mn,M Mw,Y fM„M,. M. off). Mff. •, f1y,d Rw~wa. ~ M x.LLrtK0,.4N:/f~R~YID.K >w ~6ife EXHIBIT "B" IIAMAI^~IANNNI PROMISSORY NOTE Borrower: DsvW A. Wak Lender: Futon Benk 1103 Bridge Street New Cumberland Office Nsw Cumberland, PA 17070 Corporate Address One Penn Square Lancaster, PA 17602 Principal Amount: S 150,000.00 Date of Note: September 9, 2005 PROMISE TO PAY. David A. Welt ("Borrower") promises to pay to Futon Bank I"Lender"1, or order, in lawful money of the United States of Amerke, on demand. the principal amount of One Hundred Fifty Thowand b 00/100 Dollar [3150,000.00) or so much as may bs otrtatsnding, together with interest on the unpaid otrtstanding principal balance of each advance. Interest shell be calculated from the date of each advance until repayment of each advance. PAYMENT. Bortower will pay this ban in full immedietsty upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning October 1, 2005, with all subsequent interest payments to bs due On the same day of sect[ month after tltst. Unlssa otherwise agreed or required by appgcabls law, payments wig be applied first to any acuued unpaid interest; than to principal; then to any late charges; and then to any unpaid collection costs. Ths annual interest rate for this Nots is computed on s 365/360 basis: that is, by applying tM ratio of the annual interest rate over a year of 360 days, mutNplisd by the outstanding principal balance, mukipruui by dre aMusi number of days the principal balance is outstanding. Borrower will pay Lander at Lender's address shown above or at such other piece e: Lertder may designate in wrong. VARU\BLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the Fulton Bank Prima Rete Itha "Index ). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by lender in its sole discretion. If tM Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates es well. The interest rata to be applied to the unpaid principal balance of this Note will be et a rate of 1.500 percentage points over the Index. NOTICE: Under no circumstances will the interest rate on this No[e be more than the maximum rate allowed by applicable law. PREPAYMENT. Borcower agrees that ell loan fees end other prepaid finance charges are earned fully as of the date of the loan end will not be subject to refund upon early payment (whether voluntary or as a result of default/, except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all ar s portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continua to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lander payments marked "paid in full", "without recourse", or similar language. If Borcower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borcower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that tM payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or IlmitaUons or ae full satiataction of a disputed amount must be mailed or delivered to: Fulton Bank, New Cumberland Office, Corporate Address, Ona Penn Square, Lancaster, PA 17602. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 5.000% of tM unpaid portion of tM regularly acMduled payment. If Lender demands payment of this loan, and Borrower does not pay tM loan in full within 15 days after Lender's demand, Borrower abo will be charged 5.000% of the unpakf portion of the sum of the unpaW principal plus accrued unpaid interest. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the veriebb interest rate on this Note to 6.500 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note aher judgment at the interest rate applicable to thin Note at the Lima judgment is entered. LENDER'S RIGHTS. Upon Lender's demand, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note end ail accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attomeya' 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. JURY WAIVER. Lander and Borrower Mrsby waive the right to any Jury trial in any action, proceeding, or couMSrdsim brought by either Lender or Borrower against the other. GOVERNING LAW. This Nots will be govsmed by federal law applicable to Lander and, to the extent not preempted by federal Isw, tM Isws of tM Commonweath of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwsekh of Psnnsylvanie. RIGHT OF SETOFF. To tM 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. Borcower authorizes Lender, to the eMent permitted by applicable law, to charge or setoff ell sums owing on the indebtedness against any and ell such accounts, end, et Lender's option, to administratively freeze ell such accounts to allow Lender to protect Lender's charge end setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by Mortgage on 1103 Bridge Street, Borough of New Cumberland, Cumberland County, PA; Accounts receivable, inventory, general intangibles, machinery and equipment pledged by Borrower; Guaranty of Faith E. Walt. LINE OF CREDfT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Borrower or es provided in this paragraph. All Drat requests shall be confirmed in writing on the day of the request. All communications, instructions, or directions by telephone or otherwise to Lender are to ba directed to Lender's office shown above. Tha following person curcently is authorized, except as provided in this paragraph, to request advances and authorize payments under the Ifne of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of his-cr hor authority: David A. Wak. Any and eg advances under the Line of Crsdk shag bs daposked IMO Borcowsr's checking account +03622-82140 wkh Lsndar. Borrower agrees to be liable for all sums either: IAI advanced in eccardance with the instructions of en authorized person or (B> credited [o any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements an this Note or by Lender's internal records, including daily computer print-outs. CROSS DEFAULT. Any event of default under any loan due and owing to Lender by Borrower, at any time, shall constitute an event of default under all loans due and owing to Lender by Borrower. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, end upon Borrower's hairs, personal representatives, successors and assigns, and shall inure to the benefit of Lender end its successors and assigns. GENERAL PROVISIONS. 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, shell 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 than-the party with whom the modification is made. The obligations under this Note ere 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. PROMISSORY NOTE Laffn Na: (COnrinued) Page 2 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 AAAOUNTS 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 I10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (9500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE +~XECUTIONS 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 THIS 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. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE Y/ARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. i THIS !"OTE IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS NOTE IS ANO SHALL CONSTITUTE AND HAVE THE EFFE T OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROIV ~} C ~ JG(/ X (Beall David A. Ylak Slgned, acknowledged and dsllversd In the prsasncs of: X ~~~- T. M `M c.~ Wknozs XWitneas N...~..~.,..~....,,~~. ~.....~.~..,.~,,...~~,.M.,,,~.~ ..tee.......... M~.,u~..,~~m.a TM,s,~ EXHIBIT `~C" ~~ ~9~~ __ _--- C ~~- _ - -' Borrower: David A. Wait Lender• Futon Berdt 7103 Bridge Street New Crartbarlend Offies Naw Cumbsrlartd, PA 17070 Corporate AdMsss Ona Penn Square Lsncsstar, PA 77802 CiUBfBntOr: Faith E- Wait David A. Wait 1103 Bridge Street Naw Cumberland, PA 17070 AMOUNT OF GUARANTY. The amount of this Guaranty 4 Unllmhad. CONTINUING UNLIMRED GUARANTY. For good end velusbN oonsldaratlon, Fehh E. Wait end David A. Wah 1'Gusrurtor') alrsdutaty and uncordtbonepy gwramsss end promises to PeY. jontly end sawrapy, to Fulton Brtk ("Lander"1 or its order, in lapel ttardar of tM United Stetas of Amarice, the Indebttdnasa las that term is dsfetad haroinl of David A. Weh ('Borrower'1 to Lender on the forms and conditlons set forth In Ws Guaranty. This Guaranty is s puaanry of payment and not a ptterargy of cofMction. Under this Guarsnry, Uls IfabWry of Guerentor b ungmited and the obligations of Guerentor era aortWwkp. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guuenry Inckdea any end all of Borrower's irdebtetlness to Lender and is wed in the most comprehensive sense end means end Includes any and eg of Borrower's liabilities, obligsttona and debts to Lander, rqw existing or harelnaher incurred or created, including, without Itmitetron, dl bans, advances, interest, costa, debts, overrbah indabtadnass, credit card indebtedness, lease obligatioro, other obligations, end Ilsbflitles of Borrower, a arty of them, and any present or future judgments sgeinst Borrower, or arty of them; end whether any such Irldsbtndrtsss is voltntuily or ktvoluntarlly incurred, due or not due, absolute or wntingan[, liquidated or unliquidated, determined or undetermirxd; whetfler Borrower may be liable Individually or jointly with othnrs, or primarily or ceeondarily, or as guarantor or surety; whether recovery on tM Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; end whether the Indebtedness srisss from transactions which may De voidable on account of infancy, Inaarury, ultra ulnae, or otherwise. DURATION OF GUARANTY. This Guaranty will take effect when received by Lander without the necessity of any acceptance by Lentter, or any notice to Guarantor or to Borrower, and will continw in full force until ell Ittdebtedrtess incurred or contracted before receipt by Lender of any notice of revocation shall have been fully end ffnaNy paid end satisfied and all of Guarantor's other obligations under this Guaranty shell have been Performed in lull. If Guarantor elects to revoke this Guaranty, Guarantor may only do ao in writing. Gwrantor'a written notice of revocation must be mailed to lender, by certified mail, et Lender's address listed above or such other place as lender may designate to writing, Written revocation of this Guaranty wig appry only to advances or new Indebtedness seated after actual receipt by Lender of Guarantor's written revocation. For this purpose end without limitation, fife term 'rurw Indebtedness' does not include Indebtedness whirl[ et the time of notice of revocation is contingent, unliquideted, undetermined or not due end which later becomes absolute, liquidated, determined or dw. This Guaranty will continue to bind Guerontor tort all Indebtedness incurred by Borrower or Committed by Lender prior to receipt of Gwrentor's written rwtice of revocation, including any extenaiona, renewals, substitutions or modilieationa of the Indebtedness. All renewals, extensions, substitutions, end modifications of the Indebtedness granted aher Guarantor's revocatron, are contemplated under this Guaranty and, speciflcahy wiY not Oe cortslderad to be new Indtrbtadnesa. This Guaranty shall bind Guarantor's estate es to Indebtedness created both before and aher Gwrantor's death or incapacity, regsrdtess of Lender's actual notice of Guarsnta'a death. SubJect to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and witA the same effect. Aeleese of any otMr gwrantor or tarminetion of any other guaranty of the Indebtedness shell not affect [he kebility of Guarantor under this Guaranty. A revocation Lerldar rrieeivea from any ores or more Guarantors shall not affect the liabigry of any remaining Guarentoro under this Guarsnry, his entieipattd that Auetuetiorts may xan In the appropata smtwm of IrwMbtsdrwss covered by thL Gwranty, and Guerama apacficspy acknowkdpes and sprees that raductfom (n 11ta ernount of Indtrbtednass. oven to zero dolkra (80.D01, prior to Gtwarrtor's wrhtan rovoeatian of th's Gwranty aftaN trot eonsthtrta a Urrttinatien of this Guerertty. This Gtwenry is bindkp upon Gtraratrtor and Guarantor's have. succaasoro and assigns so loop as arty of tM gueranaed may hem time to time ba :ero dopers (10.001. puerernasd 6dsbtadnass remains unpaid end even though the MdsbtadMSs GUARANTOR'S AUTHORIZATION TO LENDER. Guerontor authorizes Lander, either before or after any revocation hereof, wittwut rwtice or demand end without lasuninp Guarantor's Bebpity under this Guarsrtty, hem tlma to ~, IAI prior to revoeetbn es sat forth above, to make one or more additional eecurod or unsecured bans to Borrower, to base equipment or other goods to Borrower, or otherwise to extend edditionel credit to Borrower; IBI to alter, compromise, renew, extend, eccelerots, or otherwise change one or more times the time tort payment or other terms of the Indebtedness or any part of the Indebtedness, Including Increases end decreases of the rate of intorast on file Indebtedness; extensions may be repeated end may be fa longer then the oripinsl loan term; IC) to take end hold aecwiry for the payment of this Guaranty or the Indeb[ednese, and exchange, enforce, waive, subordinate, fall or decide not to perfect, end release any ouch security, with or without the substitution of new collateral; iD) to release, substitute, agree not to aw, or deal with any one or more of eorcower's swaties, erdonsrs, or other guarantors on soy terms or in any manrxr Lender may choose; IE) to determine how, when and whet application of psymants end uedits shall be made on the Indebtatfnest; (F- to apply such security and direct the order or msnnm of sale thereof, Including without limitation, any nonJudlciel seta permitted by the terms of the controsing security agreement or deed of trust, as Lender in its discretion may determine; IG) to sell, [rooster, assign or grant perticipetbns In ell or any part of the Indebtedness; end fH) to assign or transfer this Guaranty in whole or in part. GUARANrOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and werrenta to lender that (AI no representations or agreements of any kind have been made to Guarantor which would limb or qualify in soy way the terms of this Guaranty; (BI this Guaranty is executed at Borrower's request end not at the request of Lender; fCl Guerentor has full power, right and authority to enter into this Gusrsnry; (D) the provisions of this Guaranty do no[ confNct with or result in a defatdt under soy agreement or other instrument binding upon Guerentor and do nor result in a violation of any taw, regulation, court decree or order appscabla to Guerentor; IE) Guarantor has not and will not, without Gwranta'a assets,oor any ~nte eat tfteefn; I (F) aufwntgLenderes request, Guaramor will provride to Le der finalnc~'ral and credit nformationlin form accep[eble to Lender, end ell such financial information which currently bea Deere, end ell future (inenciel information which will ba provided to Lender is and will be true end correct in ell material respects and fairly present Guarantor's financial condition es of the dates the financial information is provided; iGl no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial agrtements provided to Lender and no event hoe occurred which may materially adversely affect Guarantor's financial condition; IHI no litigation, claim, imveatigation, administrative proceeding or similar action (includkg those for unpaid taxes) egainat Guarantor is pending or threatened; It) Lander bea made no representation to Guarantor as to the creditworthiness of Borrower; and fJl Guerentor has eatebkahed adequate means of obtsinirtg }nom Borrower on a continuing basis information regardirlp Borrower's financial condition. Guarantor agrees to keep adegwtely informed from such means of any facts, events, or circumstances whits might in any way effect Guarantor's risks under this Gwranry, end Guarantor /urther 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: Arotusl Statamarts. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended, propared by Guarantor. Tax Retwrrs. As soon as available, but in no event later than one-hundred-twenty (120) days after the applicable riling dote for the tax reporting period ended, Federal and other governmental tax rsturne, prepared by Guerentor. All financial reports required to be provided under this Guaranty shell be prepared in accordance with GAAP, applied on a consistent basis, end certified by Gwrantor as Ixing true and correct. GUARANTOR'S WAIVERS. Except ea prohibited by applicable law, Guarantor waives any right to require Lender IAI to continue lending money or to extend other credit to Borrower; IBI to make any presentment, protest, demar[d, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related [o any colletarel, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connecton with the Indebtedness or in connection with the creation of new or additional loans or obligations; ICI to resort for payment or to proceed directly or et once egainat any person, including Borrower or any other guarantor; (DI to proceed directly egainat or exhaust any collateral held by Lander from Borrower, any other guarantor, or any other person; IEI to give notice of the terms, time, and place of any public or private sale of personal property security held by lender from Borrower or to comply with --- , _-- _-_ 2 _ -- COMMERCIAL GUARANTY loan No: ~ (Continued) Page 2 any outer appllcable provisions of the Uniform Commercial Code; (Fi to pursue any other remedy within Lender's power; or IGI to commit any act or omissan of any kind, or et any time, with respect to sny 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 defenses arising by reason of IAI sny 'one action" or 'anti-deficiency' law or sny other isw which may prevent lender from bringing any action, including a claim for deficiency, against Guarantor, before or •her Lender's commencement or completion o1 sny foreclosure action, Dither judicially or by exercise of a power of sale; (B- arty ebetlon of ramedaa Dy Lender which deavoys or otherwise adversely affects Guarantor's subrogation rights or Gwrttmor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Gwrentor may suffer by reason of any law limiting, quslifyirg, or discharging the Indebtedness; (C! any disability er other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessadon of Borrower's liabilty from any caws whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indtlbtadnesa on the bests of uniust(fied impairment of any collateral for the Indebtedness; (E1 any statute of limitations, if st any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; ~~ or (FI any defenses gwen to guarantors at law or in equity other thou actual payment and performance of the Indebtedness. if payment is made by Borrower, whether vokmtarily or otherwise, or by sny third party, on the Indsbtadnssa and thereafter Lender la forced to remit the amount of that payment to Borrowai a trustee in bankruptcy Or to any simUer person under any federal or slate bankruptcy law or law for the relief of debtors, the Indebtedness shall be considerod unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives end agrees not to assert or claim et any time sny deductions to life amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARAflTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor wsrranta and agrees ihst each of fife waivers set forth above is made with Guarantor's full knowledge of its sigrtiticance and consequences sttd that, under the circumstances, the waivers are reasonable end not convery to public policy or law. If any such waiver is determined to ba contrary to any appllcable few or public policy, such waiver shall ba affective only to the extant permitted by law or public policy. COLLATERAL. Thla Guaranty u secured by Mortgage on 1103 &idga Street, Borough of New Cumberland, Cumberland County, PA. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all Guarantor's accounts with Lander Iwhether checking, savings, or soma outer eccountl. This includes all accounts Guerentor holds jointly with someone else and ell accounts Gwrentor may open in the ftrturo. However, this does not include ally IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by Isw. Gwrentor authorizes Lender, to the extant permitted by applicabb law, [o hold these funds if there is a default, and Lerxler may apply the hxxls in these accounts to Day what Guarantor owes under the farms of this Oueranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lander, whether now axlsting or hereaher created, shalt be superior to any claim that Guaramor may now haw or hereshsr acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly aubordinatas any claim Guarantor may have against Borrower, upon any account whatsoever, to arty claim that Lender may now or herssf[a hew against Borrower. In the event of insolvency and cortsegwnt liquidation of the assets of Borrower, through bankruptcy, by en assignment for the benefit of creditoro, by voluntary Uquldatbn, a otherwise, the assets of Borrower applicable to the payment of tlta claims of both Lender and Gwrentor shell ba paid to Lender and shall bo first applied by Lender to the Indebtedness of Bonowa to Lander. Guarantor dons hereby assign to Candor aN claims which it may have or acquire against Borrower or egsinat any usignee or trustee in bankruptcy of Borrower; provided however, that such assignment shell bo effective only for the purpose of assuring to LaMar full payment in legal tender of the Indebtedness. If Lender so ragwsta, any notes or credit agreements now or hereeher evidencing any debts or obligations of borrower to Guerentor shell be marked with a legend that the same ere subject to this Guaranty and shall be delivered to lender. Guarantor agrees, and Candor u hereby authorized, in the name of Guaron[or, hem time to time to file financing statamema and continwtion stetementa and to execute documents and to take such other actions ea Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscallaneow provisions era s part of this Guaranty: Amendrrartts. This Guaranty, together witA any Ralsted Documents, constitutes the entire understanding and agreement of the parties as to the matters sat forth in this Gwranry. No slteratfon o! or amendment to this Gusrsnry shall be affective unless given In writing and aigrted by the party or parties sought to be charged or bound by the altsrstbn or amendment. Attttmays' Feas; Exparaas. Guerentor agrees to pay upon demand ail of Landar's costa and expanses, including lendei s attorneys' tees std Lerxler's bgal expenses, incurred in connection with the enforcement of this Gusranry. Lender may hire or pay aornoona else to help enforce tins Guaranty, end Gwrentor shall pay the coats end expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and bgal expenses whether or trot tMre is s lawsuit, including attorneys' fees and legal expanses for bankruptcy proCeedirga lirtck+ding efforts to mo6ty or vacate arty automatic stay or injunetionl, appeals, and any anmcipated post-Judgment collection services. Guerentor also shall pay all Court coats and such addhbnsl lees as may bs directed by the court. Caption Fiaadirgs. Caption headings in this Guarenry era for convenience purposes only and are not to be used to interpret or define the provisiora of this Gwranry. Goverrthtp Law. This Guaranty wUl be gowrMd by federal Isw appllcable to Lander end, to the extent not preempted by federal Isw, the lawn of der Commtxtwsahh of Pmnsylvanla wftltout rperd to Ill Comfeab of Isw provisons. This Guersnty has bean accepted by Lender in tM Commonwealth of PerxayMsnb. IMeprofbn. Guerentor further agrees that Guerentor has read and fully understands tM terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to [his Guaronry; the Guaanry fully raBacts Guarantor's intentions and pool evkfsrtce is not required to interpret tits terms of this Gwranry. Gwrentor hereby indemMfiea and holds Lender hsrmbss from all losses, china, damages, and costs lincluding Lender's attomeya' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the wanenties, representations and agreements of this paragraph. Imerpetstion. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shell be daented to have been used in the plural where the context and construction to require; and where there is more then one Borrower named in this Guaranty or when this Guerenty Is executed by more then one Guarantor, [he words "Borrower" and "Guarantor" reapactivoly shall mean all and any one or more of [hem. The words "Guerentor," "Borrower," end "Lender" include the heirs, successors, assigns, ant transferees of each of them. If s court finds that any provision of thin Guaanty is not valid or should riot be enforced, [het toct by hcelf wdl not mean that the rest of this Gwranry will not ba valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guarenry even If a provision of this Guaranty may be found to ba Invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerchipa, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the offkers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedneea made or crested in reliance upon the professed exorcise of such powers shell be guaranteed under this Gueranry. Notlces. Urttess otherwise provided by epplicabb Isw, any notice required to be given under this Guarenry shall be given in writing, end, except for revocatbn notices by Guarantor, shall ba affective wMn actually dsliwrod, when actually received by tabfacsimile (uNesa otftsrwise required by level, when deposited with a natbnally recognized overnight Courier, or, II mailed, when deposited in the United States mss, as first elsas, certifad or registered mail postage prepaid, directed to the eddrosses shown near the beginning of this Guarenry. AU revocation notices by Gwrentor shell be in writing end shall be effective upon delivery to Lender as provided in the section of thin Guarenry entitbd "DURATION OF GUARANTY." Any party may change its address for notices under this Guarenry by giving forma! written notice to the outer parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed et all times of Guarantor's current address. Unleaa otherwise provided by eDWiceble law, it there is more than one Guerentor, any notice given by Lender to any Guarantor is deemed to ba notice given to all Guarantors. No Waiver by Lender. Lender shell not be deemed to have waived any rignta under this Guaranty uMass such waiver is given in writing and signed by Lender. No delay or omissbn on [ha pert of Lender in exaciaing any right shall operate as a waiver of such right or any other right. A waive by Lender of s provision of this Guaranty chali not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guarenry. Itb prior waiver by Lender, nor any course of dealing between LaMa and Gwrentor, 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 rogvired under thla Guaranty, the granting of such consent by Lander in any Instance shall not constitute continuing consent [o subsequent instanc9e where such consent is required ant in all cases such consent may ba granted or withheld in the sole discretion of Lander Strcceasoro end Assigns. The terms of this Guarenry s~ be binding upon Guarantor, and upon Guarantor's heirs, personal representeriws, successors, and assigns, and shall be anforceaf~bv Larxlar and its successors and assigns. Waive Jury lertdar and Girerantor Mreby waive the right to~ jury tr{al b any action, proceeding, or counterclaim brought by ehher Lands err Borrowwr against the other. 3 ---- COMMERCIAL GUARANTY Loan No• (Continued) Page 3 DEFINITIONS. The folbwing cepitslized words and terms 6hall have [he following meanings when used in Chia Guaranty. Unless specifically stated to the contrary, ail references to dollar amounts shah mean amount lawful money of the United States of America. Words and terms used in the singular shell inckde the plural, and the plural shall include Ma ingubr, as the Context may require. Words and terms not otherwise ~ defined in this Guaranty shalt have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word 'Borrower' means David A. Wait end includes all co-signers end co-makers sigMng the Note. GAAP. The word "GAAP' means generally seeepted eeeounting principbs. Guaremot. The word 'Guarantor' means each end every person or entity signing this Guaranty, including without limitation Faith E. Wait and David A. Wei[. Guaranty. The word 'Guaranty' means the guaranty from Guarantor to Lender, Including without limitation a guaranty of all or part of [he i Note. Indsbtedness. The word 'Indebtedness" means Borrower's indebtedness to Lander as more particularly described in this Guaranty. '', Lender. The word 'Lender' means Fulton Bsgk, its successors end assigns. Nets. The word 'Note' means and includes without limitation ell of Borrower's promissory notes end/or credit agreements evidencing Borrower's ben obligations in favor of Larder, together with aK renewals of, extensions of, modifications of, refinancings of, consolidations of end substitutions for promissory notes or credit agreements. Rstated Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agresments, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgagee, end all other instruments. ogreemertte end docurnerita, whether now or hereafter existing, executed in connection with the indebtedness. CONFESSK)N 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 ANO WITH OR WITHOUT GOMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE NDEBTEONESS, TOGETHERAWITH COSTSSO~SUITEANO AN ATTORNEY'SLCOMMISSIONTIOF TENAPERCEN~10%LOFETHEIUNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FNE HUNDRED DOLLARS (5600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; ANO FOR SO GOING, THIS GUARANTY OA A COPY OF THIS GUARANTY VERIFlED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED iN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED 8Y 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 AMY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHEA A REPRESENTATNE OF LENDER SPEGFlCALIY 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 ADDRION, EACH GUARANTOR UNDERSTANDS THAT 7HI5 GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVFAY OF THIS GUARANTY TO LENDER ANO 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 SEPTEMBER 9, 2005. THIS GUARANTY IS GNEN UNDER SEAL AND fT IS INTENDED THAT THIS GUARANTY tS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, GUARANTOR:I• n ISaaIF ISseq Fanh E. Wah David A. Wei[ Signe~d,sckno~wbdgedAan~d de^6Awrsd in dta presence of•. 1KMess X Witness usu MO w~a w.tnroas c,.. rr,.,+r..r r.r.... w. rsr, res. y+r~..+.."r •n .unrcauorunasrc n„r,w _1 ~UII~I~Id~11~6YWYld~~ I ~ I~~, I ~ I ' ~p ~ ~~fll~~~ ~~ IIIIII~~ DISCLOSURE FOR CONFESSION OF JUDGMENT aeC)8t'ent: David A. Wsit 7103 Bridge Street Lender; fiddton Bank Nsw CurrbeNand, PA 17070 Nsw Cumtwrlsnd OiRce Corporate Address Ons Penn 8Quere Larresatsr, PA 77602 DISCLOS~U+RE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~_ DAY OF ~~~Pi/ , ZO OS A ppOMISSOAY NOTE FOR 5200,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDEASTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDEq TO ENTER .KIDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE YALIDITY OF ANY .KIDGMENT OR OTHER ClA1MS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AHD YOIUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT 70 ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 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 GNING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARWG. THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEAAING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON. ATTACHING, LEWING ON, TAKING POSSESSION OF OR OTHERWISE SEJZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS. AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT B11 ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GRlING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMWED 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 N07E. 2. A REPRESENTATIVE OF LENDER SPEGFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTKNI. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS S10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT: AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND R IS MITENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X ISsaq Dav A. W Signed, acknowledged and ddivsred In the presents of: X `/~ ~x wrmsss X Wlmeas ' - rw.v a.a ~mr w.., wiuco..,rn, ~~1W0./C IiFINM __~ _.._ DISCLOSURE FOR CONFESSION OF JUDGMENT Borrower: bawd A. wan ~ gender: Fuuon B.nit 1103 Bridge Stroet New Cumberland OHIu New Cumberland, PA 17070 Corporate Address One Penn Sgwre Lancaster, PA 17602 Affiant: Faith E. Walt 1103 Brfdpa Street New Cumberland, PA 77070 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS ~ DAY OF ~S p~Ct~N , ZpC~ A GUARANTY FOR AN UNLIMITED AMOUNT. r 0. 1 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 1 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 TNAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A NEARING, THE CONFE8810N OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAl3E 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 SEILNG 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 WAMNG 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, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS ~~~ ~ 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. T v' 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 IXCEEDS 510,000; 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. AFFIANT: n Faith E. Wan SigrtW, aeknowledgsd and denvered In the preaenu of: X~~-T 1~`M o. Nlltneee x Witnsse ORIGINAL BARLEYSNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FAITH E. WAIT and DAVID A. WAIT, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW i_ / NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. ~ Judgment by confession for Plaintiff and against Defendants, in the total amount of $$347,394.53, consisting of a principal amount of $278,349.96, interest through December 5, 2012 in the amount of $28,117.03, attorneys' fees in the amount of $30,646.70, and late fees in the amount of $10,280.84, plus continuing interest after December 5, 2012 at a rate of $19.23 per diem, plus continuing late charges and costs of suit. ^ Judgment for Defendant(s) and against Plaintiff(s). ^ Order of Decree in favor of Prothonotary Dated: B : ~ ~ y ~ 1 TO: Faith E. Wait ~~'~'•r "' •1 R David A. Wait 1103 Bridge Street New Cumberland, PA 17070 3770003-1 ORIGINAL BARLEYSNYDER Donald R. Leiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 ~;~.ED-t1F~'ll; ;~~ Tli~ ~~~~'HONOT~~~'6 2013 JAN -7 AM tl ~ 34 ~U PENNS LYAN A~~Y Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FAITH E. WAIT and DAVID A. WAIT, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE I, Donald R. Leiter, Attorney for Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: 1. The precise address of Plaintiff, Fulton Bank, N.A., is One Penn Square, PO Box 4887, Lancaster, Pennsylvania 17604. 2. The last known address for Defendant, Faith E. Wait, is 1103 Bridge Street, New Cumberland, Pennsylvania 17070. 3. The last known address for Defendant, David A. Wait, is 1103 Bridge Street, New Cumberland, Pennsylvania 17070. BARLEY SNYDER F Date: ~ ' a ' ) ~ By: --~ Donald R. Leiter, Esquire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 717.299.5201 3770003-I oeicir~~~ BARLEY SNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 ~~L~-O~F~1C ~" ~"N~ P~QTNOliO~~~?Y ZD13 JAN -7 AM C1 ~ 34 CUMBERLAN~l CQ}N~Y ~ENNSYl.YANlA Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FAITH E. WAIT and DAVID A. WAIT, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. /3 - qS C.'c~~t..~ ~" - - / ENTRY OF APPEARANCE Kindly enter the appearance of Donald R. Geiter, Esquire, Barley Snyder on behalf of Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, in the above-captioned matter. Serve all papers at 126 East King Street, Lancaster, Pennsylvania 17602-2893. Date: ~ ` a ` ~ ~ BARLEY SNY ER By: Donald R. Geiter, Esquire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 717.299.5201 3770003-1 ORIGINAL' No. 13-98 Civil Term i 2,3 tl lR "i{ Pc' 2: 36 CUME PENNSYLVANIA Ei;LAt D COUNTY BARLEY SNYDER Donald R. Geiter,Esquire Court I.D.No. 202629 126 East King Street Attorney for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly 717.299.5201 known as Fulton Bank FULTON BANK,N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION–LAW v. FAITH E. WAIT and DAVID A. WAIT, No. 13-98 Civil Term Defendants BELCO COMMUNITY CREDIT UNION, Garnishee PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: ISSUE WRIT OF EXECUTION UPON A JUDGMENT ENTERED BY CONFESSION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania; 2. against Faith E. Wait and David A. Wait, Defendants; 3. and against the following Garnishee: C5D (a) Belco Community Credit Union; OklAkt C Del' -C)6aCtr6— -4411 do. It 4223010_1.DOC �? ! 6 U3/1 &--1341 -pit6.1)dyL J No. 13-98 Civil Term 4. Direct the Sheriff of Cumberland County to attach all property of Faith E. Wait and David A.Wait, Defendants, in Garnishee Belco Community Credit Union's possession, including, but not limited to, any and all accounts/documents in the name of Faith E.Wait and David A.Wait, including,but not limited to certificates of deposit, checking accounts, savings accounts, safe deposit boxes, and any amount due and owing from Garnishee to Defendants. 5. Balance Due: $347,394.53 Attorneys fees $ Costs to be added $ CERTIFICATION I certify that: (a) This praecipe is based upon a judgment entered by confession; and (b) Notice will be served with the Writ of Execution pursuant to Rule 2958.3. BARLEY SNYDER ■ Ftebpaafy 3 , 2014 By: Donald R. Geiter, Esquire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602 717.299.5201 4223010_1.DOC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-98 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK,N.A.FORMERLY KNOWN AS FULTON BANK Plaintiff(s) From FAITH E.WAIT AND DAVID A.WAIT, 1103 BRIDGE STREET,NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant(s)and to sell KINDLY SERVE A COPY OF THE WRIT OF EXECUTION AND NOTICE UNDER RULE 2958.3 UPON THE DEFENDANTS. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: BELCO COMMUNITY CREDIT UNION,3500 TRINDLE ROAD,CAMP HILL,PA 17011 - INCLUDING BUT NOT LIMITED TO ANY AND ALL ACCOUNTS/DOCUMENTS IN THE NAME OF DEFENDANTS,INCLUDING BUT NOT LIMITED TO CERTIFICATES OF DEPOSIT,CHECKING ACCOUNTS,SAVINGS ACCOUNTS,SAFE DEPOSIT BOXES,AND ANY AMOUNT DUE AND OWING FROM GARNISHEE TO THE DEFENDANT and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$347,394.53 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$75.00 Due Prothonotary$2.25 Other Costs$ Date:3/4/14 �� David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name : DONALD R.GEITER,ESQUIRE Address: BARLEY SNYDER 126 EAST KING STREET,LANCASTER,PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-5201 Supreme Court ID No.202629 m, � Ronny R Anderson Sheriff Jody S Smith ~'~~p~, Richard W Stewart Solicitor OFFICE OF THE V4EmFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY E r l-� � �|� � THE PRO TAO;)TARY pettu r8��8� |� 8N |O' O� L". ,..=. ." "'^ '°' "' CUM6ERLAND COUNTY PENNSYLVANIA Fulton Bank N.A. vs. Faith E. Wait (et al.) Case Number 2013-98 SHERIFF'S RETURN OF SERVICE 0312/2014 02:47 PM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to Rebekah Nicholson, Member Service Rep., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. NSAH CLINE, DEPUTY SO ANSWERS, March 13, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff: Teleosoft, inc. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY c,=riG OF Fr:w $11 ;;RIFY T P CTi /Oia`fl'l,'•`s >s 20111HAR 18 till(; Jt CUMBERLAND COUNTY PENNSYLVANIA Fulton Bank, N.A. vs. Faith E. Wait (et al.) Case Number 2013 -98 SHERIFF'S RETURN OF SERVICE 03/13/2014 03:03 PM - Ryan Burgett, Deputy Sheriff, served the requested Writ of Execution; Claim For Exemption form; Notice Under Rule 2958.3 of Judgment and Execution Thereon - Notice of Defendant's Rights; and Petition to Strike Judgment - Request for Prompt Hearing, by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: David A. Wait at 1103 Bridge Street, New Cumberland, PA 17070 and informed defendant of contents of same. Defendant declined to sign a copy of the Petition to Strike Judgment - Request for Prompt Hearing. RYAN BURGETT, DEPUTY SO ANSWERS, March 14, 2014 RONiV R ANDERSON, SHERIFF C cu-tySu o Shoritt, •Tei,:oscf , ��U��"��d��0��UUU��K ��UU�� SHERIFF'S �°~�" OFFICE �~�°"�^��"~��^^~�� COUNTY Ronny RAnderson F|� /8-OFF|CE �^ Sheriff ��~^~ OF TRE- PRO T��F�|�T�.`` ....��~x^ ��^ ^. ^^4V — — ... .. ". Jody �.p".. �8��M8R 1H �� |\z U4 Chief Deputy ^ ~CO��Tv Richard VVStevvmrt _�wz��r� CUMBERLAND COUNT / -- |� Solicitor ow�znr��s�� PENNSYLVANIA FuPton Bank, NA. vs, Faith E. Wait (et al.) Case Number 2013-98 SHERIFF'S RETURN OF SERVICE 03/13/2014 12:07 PM - Sergeant Jason Vioral, Deputy Sheriff, served the requested Wri of Execution; Claim For Exemption form; Notice Under Rule 2958.3 of Judgment and Execution Thereon - Notice of Defendant's Rights; and Petition to Strike Judgment - Request for Prompt Hearing, by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit; Faith E. Wait at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013 and informed defendant of contents of same. Defendant declined to sign a copy of the Petition to Strike Judgment - Request for PrOmpt Heari .DEPUTY SHERIFF COST: $125.91 ERS, March 14, 2014 RONNYR ANDERSON, SHERIFF (c) CountySuite Sheriff, Teieesoft, J Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r|LLJ'CIFF/[L ?HEpHO-HONOT,A-'. 2011111Ag27 PH q CUMBERLAND COUNTY. PENNSYLVANIA Fulton Bank, N.A. Faith E. Wait (et al.) Case Number 2013-98 SHERIFF'S RETURN OF SERVICE 03/12/2014 being duly sworn according to law, attached as herein ndod all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to Rebekah Nicholson, Member Service Rep., personally three copies of interrogatories together with three true and attested copies of tha-Writ of Execution and made the contents there of known to her. 03;3/2014 12:07 PM - Sergeant Jason Vioral, Deputy Sheriff, served the requested Writ of Execution; Claim For Exemption form; Notice Under Rule 2958.3 of Judgment and Execution Thereon - Notice of Defendant's Rights; and Petition to Strike Judgment - Request for Prompt Hearing, by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Faith E. Wait at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013 and informed defendant of contents of same. Defendant declined to sign a copy of the Petition to Strike Judgment - Reques for Prompt Hearing. 03/13/2014 03:03 PM - Ryan Burgett, Deputy Sheriff, served the requested Wr of Execution; Claim For Exemption form; Notice Under Rule 2958.3 of Jud t and Execution Thereon - Notice of Defendant's Rights; and Petition to Strike Judgment - Request for Prompt Hearing, by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: David A. Wait at 1103 Bridge Street, New Cumberland, PA 17070 and informed defendant of contents of same. Defendant declined to sign a copy of the Petition to Strike Judgment - Reques for Prompt Hearing. 03/27/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Defendants filed for Chapter 7 bankruptcy on March 21, 2014 in the Middle District. Case number #14'01274. SHERIFF COST: $129.92 SO ANSWERS, March 27, 2014 RONNYR ANDERSON, SHERIFF mum BARLEY SNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 201t1 APR -8 AM* 34 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FAITH E. WAIT and DAVID A. WAIT, Defendants BELCO COMMUNITY CREDIT UNION, Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 13 -98 Civil Term PRAECIPE TO DISSOLVE ATTACHMENT /GARNISHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment/garnishment against Belco Community Credit Union in the above - captioned matter. BARLEY SNYDER 0-- By: 4268835 -1 Donald R. Geiter, quire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602 -2893 717.299.5201 av,A U143)neoLo 'PA-1-36(-Ina