HomeMy WebLinkAbout10-0220
CAPITAL REGION ECONOMIC
DEVELOPMENT CORPORATION,
Plaintiff
V.
ORIGINAL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. IO -p Civi t TiPrM+
C-)
DGA, INC., d/b/a INFINITY PRINT
0
GRAPHICS and MICHAEL R. GUION, -0 co
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Defendants : CONFESSION OF JUDGMENT 1a
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a copy of which is4ttaciwe'd t
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the Complaint filed in this action, I hereby appear for the Defendants and confess judgment in favor
of the Plaintiff and against the Defendants as follows:
A. Balance due under the Note $ 35,403.51
B. Accrued Interest (through 1/04/10) $ 590.04 fed
C. Late Fees (as of 1/04/10) $ 15.25 fe?1te D
D. Costs of Suit $ -3 so *
E. Attorneys' Fees for Confession of Judgment $ 3,540.35
TOTAL
*Plus a per diem of $4.92 from 1/4/10 until paid $ ?-.
°aR.54q.15
WILLIAMS, P.C.
Dated: / & //v
By
Anthony J. Foschi, I.D. #55895
Ryan P. Siney, I.D. #209190
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Defendants
4a-1.w Pa ArN
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04'235880
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CAPITAL REGION ECONOMIC
DEVELOPMENT CORPORATION,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
DGA, INC., d/b/a INFINITY PRINT
GRAPHICS and MICHAEL R. GUION,
Defendants : CONFESSION OF JUDGMENT
COMPLAINT FOR CONFESSION OF JUDGMENT
PURSUANT TO PA.R.C.P. 2952
1. Plaintiff Capital Regional Economic Development Corporation, ("CREDO') is a
Pennsylvania corporation which maintains its principal offices at 3211 North Front Street,
Harrisburg, Pennsylvania 17110.
2. Defendant DGA, Inc., d/b/a Infinity Print Graphics, is a Pennsylvania corporation
with a business address of 121 North Pitt Street, Cumberland County, Carlisle, Pennsylvania 17013.
3. Defendant Michael R. Guion is an adult individual with a last known address of 121
North Pitt Street, Cumberland County, Carlisle, Pennsylvania 17013.
4. On or about March 7, 2002, Defendant DGA, Inc., d/b/a Infinity Print Graphics,
executed a Note in favor of CREDC in the amount of $115,000.00 and which contains a contains a
Confession of Judgment clause (the "Note"). A copy of the Note is attached hereto as Exhibit "A,"
and said copy is a true and correct reproduction of the original.
5. Defendant Michael R. Guion, individually, entered into a Guaranty and Surety
Agreement on or about March 7, 2002, whereby he "absolutely and unconditionally" promised and
guaranteed that the value of the Note would be paid. Such Guaranty and Surety Agreement contains
a Confession of Judgment clause. A copy of the Guaranty and Surety Agreement showing Defendant
Michael R. Guion's individual signature is attached hereto as Exhibit "B" and said copy is a true and
correct reproduction of the original.
6. On or about March 7, 2002, loan proceeds in the amount of $115,000.00 were
disbursed to Defendant DGA, Inc., d/b/a Infinity Print Graphics.
7. Defendant DGA, Inc., d/b/a Infinity Print Graphics has not made payments on the
Note in accordance with the terms of Note, which is a default of the same.
8. The Note, at paragraph 2, provides that the failure of Defendant DGA, Inc. , d/b/a
Infinity Print Graphics, to make payments when due and upon demand constitutes an event of
default. See Exhibit "A" at paragraph 2.
9. The Note, at paragraph 3, contains a warrant of attorney which allows CREDC and its
counsel to confess judgment against Defendant DGA, Inc., d/b/a Infinity Print Graphics, when an
event of default occurs. See Exhibit "A" at paragraph 3.
10. The Guaranty and Surety Agreement executed by Defendant Michael R. Guion
CREDC and its counsel to confess judgment against him when an event of default by the borrower,
Defendant DGA, Inc., d/b/a Infinity Print Graphics, occurs pursuant to the Note and/or other related
loan documents.
11. Because of the default by Defendant DGA, Inc., d/b/a Infinity Print Graphics, CREDC
is authorized, pursuant to the Note and Guaranty and Surety Agreement, to confess judgment against
Defendants.
2
12. The Note, at paragraph 3, specifically provides:
Upon the occurrence of an Event of Default under this Note (of which an affidavit oh
behalf of the ALO will be sufficient evidence), the Maker hereby irrevocably
authorizes and empowers any attorney of any court of record in the Commonwealth
of Pennsylvania, or elsewhere, to appear for and to enter and confess judgment
against the Maker, at any time or times and as of any term, for the principal sum
above mentioned, with or without declaration, with interest and costs of suit, without
stay of execution, and with reasonable attorney's fees. The Maker agrees that any of
its property may be levied upon to collect said judgment and may be sold upon a writ
of execution, and hereby waives and releases all laws, now or hereafter in force,
relating to exemption, appraisement or stay of execution. The authority hereby
granted to confess judgment will not be exhausted by any exercise thereof, but will
continue from time to time and at all times until the Maker has paid all sums required
to be paid by Maker under this Note, the Loan Agreement and the Mortgage and has
performed all of the other provisions hereof or thereof to be performed by the Maker.
See Exhibit "A" at paragraph 3.
13. The Guaranty and Surety Agreement, at paragraph 3, signed by Defendant Michael R.
Guion, specifically provides:
IF ANY AMOUNT DUE TO THE ALO OR THE DEPARTMENT UNDER THE
NOTE, THE SECURITY DOCUMENTS OR THE LOAN AGREEMENT
REMAINS UNPAID OR IF THE BORROWER IS IN DEFAULT UNDER ANY OF
THE TERMS OF THE BORROWER'S AGREEMENTS, THEN THE
GUARANTOR HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY,
THE PROTHONOTARY, CLERK OF COURT OR ANY ATTORNEY OF ANY
COURT OF RECORD TO APPEAR FOR THE GUARANTOR IN SUCH COURT,
IN TERM, OR VACATION, AT ANY TIME AND CONFESS JUDGMENT IN
FAVOR OF THE DEPARTMENT, WITH OR WITHOUT THE FILING OF AN
AVERMENT OR DECLARATION OF DEFAULT, FOR SUCH AMOUNT AS
MAY APPEAR TO BE UNPAID, ALL INTEREST DUE THEREON AND ALL
REASONABLE COSTS INCURRED IN CONNECTION WITH THE
COLLECTION OF SUCH AMOUNT, TOGETHER WITH REASONABLE
ATTORNEY'S FEES. THE GUARANTOR SHALL NOT CAUSE ANY BILL IN
EQUITY TO BE FILED TO INTERFERE IN ANY MANNER WITH THE
OPERATION OF SUCH JUDGMENT, HEREBY RATIFYING AND
CONFIRMING ALL THAT SAID ATTORNEY MAY DO BY VIRTUE HEREOF.
THE AUTHORITY HEREINABOVE GRANTED SHALL NOT BE EXHAUSTED
BY ONE EXERCISE THEREOF, BUT JUDGMENT MAY BE CONFESSED AS
AFORESAID FROM TIME TO TIME AND AS OFTEN AS ANY DEFAULT
3
SHALL OCCUR HEREUNDER. CONFESSION OF JUDGMENT MAY BE
MADE BY FILING COPIES OF THE BORROWER'S AGREEMENTS AND THIS
GUARANTY AGREEMENT IN LIEU OF ORIGINALS THEREOF.
See Exhibit "B" at paragraph 3.
14. Due to the defaults of the Defendants pursuant the Note and Guaranty and Surety
Agreement, CREDC may confess judgment against the Defendants for the following amounts
authorized by the warrant or attorney:
A. Balance due under Promissory Note $ 35,403.51
B. Accrued Interest (through 1/04/10) $ 590.04
C. Late Fees (as of 1/04/10) $ 15.25
D. Costs of Suit $ 27.50
E. Attorneys' Fees for Confession of Judgment $ 3,540.35
TOTAL $ 39,576.65*
*Plus a per diem of $4.92 from 1/4/10 until paid
See Exhibits "A" and "B."
15. Accordingly, as authorized by the warrants of attorney contained in the Note and the
Guaranty and Surety Agreement, CREDC demands judgment against Defendants in the amount
listed in paragraph 14 above.
16. This judgment is not being entered by confession against a natural person in
connection with a "consumer credit transaction" as defined in Pa.R.C.P. 2950.
4
17. Judgment has not been entered against Defendants on the Note and/or the Guaranty
and Surety Agreement in any other jurisdiction.
WHEREFORE, Plaintiff, Capital Region Economic Development Corporation, by its
counsel, hereby confesses judgment of money in favor of Plaintiff, Capital Region Economic
Development Corporation, and against Defendants DGA, Inc., d/b/a Infinity Print Graphics, and
Michael R. Guion, and respectfully requests that this Honorable Court enter judgment against the
Defendants and in favor of Plaintiff in the amount of $39,576.65, plus a per diem of $4.92 from
January 4, 2010 until paid.
, P.C.
Dated: l Cc l?? By
thony J. Foschi, I.D. #55895
Ryan P. Siney, I.D. #209190
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Plaintiff
:227535
5
JAN-04-2010 13:27 HBG. REGIONAL CHAMBER 717 232 5184 P.002i022
NOTE
Dated: March -_2_, 2002
At: Harrisburg, Pennsylvania
$ 115.000
FOR VALUE RECEIVED, the undersigned, DGA, INC., d/b/a INFINITY PRINT GRAPHICS,
a corporation organized and existing under and by virtue of the laws of the Commonwealth of
Pennsylvania (the "Maker"), irrevocably promises to pay to the order of THE
COMMONWEALTH OF PENNSYLVANIA (the "Commonwealth"), to the order of the CAPITAL
REGION ECONOMIC DEVELOPMENT CORPORATION, a nonprofit corporation organized under
t and by virtue the laws of the Commonwealth of Pennsylvania (the "ALO"), at the
Comptroller's Office, Box 884, Federal Square Station, Harrisburg, Pennsylvania 17108, or at
such other place as the Commonwealth may direct, the principal sum of ONE HUNDRED
FIFTEEN THOUSAND and 00/100 DOLLARS ($115,000.00) (the "Loan"), or ao much thereof
as will be disbursed to the Maker pursuant to the terms of the Loan Agreement between the
ALO and the Maker dated the same date as this Note (the "Loan Agreement"), together with
Interest as provided below, in lawful money of the United States of America, payable in
Inonthly Installments, a portion of which will be interest at the rate of FIVE percent (6.0%) per
annum on the outstanding principal balance calculated on the basis of a 360 da
bortion of which will be a payment of principal. Y Year, and a
` The first monthly payment Is due on April 1, 2002 and shall be a payment of Interest
Only. The first regular monthly payment of interest and principal is due on May 1, 2002 a
WI future payments shall be in equal monthly installments due on the first day on each month
NO entire unpaid balance due will be paid on March 1, 2012 (the "Maturity Date"), or earlier
6 repayment of the Loan Is accelerated after Maker, s default. If the Maker does not draw
'own the full amount of the Loan, the amount of each payment will remain the same but the
umber of monthly payments required to repay the Loan will be reduced.
I: 227729.1
Page I of4
EXHIBIT "A"
JAN-04-2010 13:27 HBG. REGIONAL CHAMBER 717 232 5184 P.003i022
Interest on the outstanding principal balance will begin to accrue from and including the
data of this Note. The Interest which accrues from the date of this Note through the last day
of this month wiN be due at the same time and in addition to the first monthly installment of
principal and interest. The monthly installments, and any partial prepayments, will be applied
to any late charges, then to interest on the unpaid principal, and the balance to principal. In
addition, if the Maker fails to pay any monthly installment on the date that it is due, the Maker
W01 pay a late charge of Jive percent (6%) of total amount of the overdue monthly installment
to compensate the ALO for damages suffered because of Maker's failure to make prompt
This Note is executed and delivered pursuant to the Loan Agreement, and is subject to
the terms and conditions thereof. This Note is entitled to the security provided for in the
an Agreement.
As security for the payment of the Loan, the Maker has executed and delivered to the
0 a Mortgage (the "Mortgage"i, which covers a certain tract of land and improvements
reon, located at 121 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, and a
:urity Agreement of even date herewith securing this Note (the "Security Agreement")
ering other collateral.
THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS:
1. All the terms, covenants, conditions and provisions of the Mortgage, the
urity Agreement, and the Loan Agreement are incorporated herein by reference and are
e a part hereof, and any breach or violation thereof will constitute a breach or violation of
Note.
2. It shall be an Event of Default under this Note if the Maker fails to pay any sum
)d to be paid by the Maker under this Note, the Loan Agreement, the Mortgage or the
ty Agreement within thirty (30) days after the sum becomes due and payable, without
or if the Maker fails to perform any other provision of this Note to be performed by the
and fails to cure the default within thirty (30) days after notice, or if there is an Event of
t under the Loan Agreement, the Mortgage, or the Security Agreement. Upon the
once of an Event of Default, the ALO at its option may declare that the whole unpaid
B of the principal indebtedness, together with all interest thereon and all other sums due
X' 227729.!
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HBG. REGIONAL CHAMBER 717 232 5184 P.004i022
hereunder or secured by the Mortgage or the Security Agreement or required to be paid to the
ALO thereunder, is due and payable immediately without notice to the Maker.
3. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR
AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS
WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER
HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF THE
SEPARATE COUNSEL OF THE MAKER, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS
THE MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING
UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE
COMMONWEALTH OF PENNSYLVANIA.
i Upon the occurrence of an Event of Default under this Note (of which an
affidavit on behalf of the ALO will be sufficient evidence), the Maker hereby irrevocably
wthorises and empowers any attorney of any court of record In the Commonweakh of
tinnsylvania, or elsewhere, to appear for and to enter and confess judgment against the
Maker, at any time or times and as of any tern, for the principal sum above mentioned, with or
without declaration, with Interest and costs of suit, without stay of execution, and with
wssonable attomey's fees. The Maker agrees that any of Its property may be levied upon to
obect said judgment and may be sold upon a writ of execution, and hereby waives and
sleases ad laws, now or hereafter In force, relating to exemption, appraisement or stay of
Kecution. The authority hereby granted to confess judgment will not be exhausted by any
Ksrcise thereof, but will continue from time to time and at all times until the Maker has paid
I sums required to be paid by the Maker under this Note, the Loan Agreement and the
lartgage and has performed all of the other provisions hereof or thereof to be performed by
a Mal --
4. The Maker may make partial prepayments on the principal indebtedness at any
is without premium, with the prior written consent of the ALO. The Maker may make
;ayments of the entire principal indebtedness at any time, without premium and without
approval of the ALO.
5. All of the covenants herein contained will accrue to the benefit of the successors
assigns, voluntary or involuntary, of the ALO, including the Commonwealth and the
irtment of Community and Economic Development.
rage 3 of 4
JAN-04-2010 13:28
JAN-04-2010 13:29 HBG. REGIONAL CHAMBER 717 232 5184 P.005i022
H. The Maker hereby waives the technical requirements of demand, grace,
presentment for payment, protest, notice of dishonor or nonpayment and notice of the exercise
of any option hereunder, except as notice and grace are specifically provided for in this Note or
the Loan Agreement. y
7. The remedies provided in this Note, the Mortgage, the Security Agreement, and
the Loan Agreement or otherwise available to the ALO for the enforcement of the payment of
the princJpal sum together with interest and the performance of the covenants, conditions, and
agreements, matters and things herein and therein contained are cumulative and concurrent
and the ALO at its sole discretion may pursue them singly or successively or together and the
ALO may exercise them from time to time as often as occasion occurs until the ALO has been
paid all sums due in full.
8. The terms and provisions of this Note are severable. This means that if any of
the terms, covenants, conditions or provisions of this Note are unenforceable or invalid under
federal, state or other applicable law, such unenforceability or invalidity will not make any
other of the terms, covenants, conditions or provisions hereof unenforceable or invalid. If any
waiver by Maker in this Note is prohibited by law, including but not limited to the waiver of
exemption from execution, such waiver will be and be deemed to be deleted herefrom.
IN WITNESS WHEREOF, intending to be legally bound hereby, the Maker has caused
Note to be duly executed, the day and year first above written.
ATTEST:
DGA, INC., d/b/a
' INFINITY PRINT GRAPHICS
?1ltle) By:
Michael R. Guion, President
ORPORATE SEAL)
M' 227729.1
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JAN-04-2010 13:30 HBG. REGIONAL CHAMBER 717 232 5184 P.006/022
DISCLOSURE STATEMENT AND EXPLANATION OF RIGHTS
CONFE¢SION OF JUDGMENT
On the date hereof, DGA, INC., d/b/a INFINITY PRINT GRAPHICS, (the "Borrower")
entered into a loan agreement (the "Loan Agreement") with CAPITAL REGION
ECONOMIC DEVELOPMENT CORPORATION (the "Lender") providing for a term loan by
Lender to Borrower in an aggregate principal amount not to exceed ONE HUNDRED
FIFTEEN THOUSAND AND 00/100 DOLLARS ($115,000.00) (the "Loan"). The loan is
evidenced by a Term Note, executed, dated March, 2002, and issued by the
Borrower, payable to the order of the Lender (the "Note"). To Induce the Lender to
enter into the Loan Agreement and to make the Loan, the undersigned Borrower has
offered to execute a Note of even date herewith (the "Note") whereby the Borrower,
among other things, guarantee(s) to the Lender, in accordance with the terms and
conditions thereof, the full and prompt payment of the obligations of the Borrower to
the Lender, plus costs and interest. The Borrower clearly and specifically understands
that by signing the Note of even date herewith, which contains a confession of
judgment clause:
(a) Borrower will authorize the Lender to enter a judgment against Borrower and in
its favor which will give the Lender a lien upon any real estate which Borrower
may own, including Borrower's home;
(b) Borrower will give up the right to any notice or opportunity to be heard prior to
the entry of the judgment;
(c) Borrower will agree that the Lender can enter the judgment prior to proof of
non-payment or other default on Borrower's part;
(d) Borrower will subject all of Borrower's property, both personal property and real
estate, to execution (and Sheriff's Sale), pursuant to the judgment, prior to
proof of non-payment or other default on Borrower's part;
(e) Borrower will be unable to challenge this judgment, should the Lender enter it,
except by proceeding to open or strike the judgment, and such a proceeding will
result in attorney's fees and costs which Borrower will be obligated to pay; and
(f) Borrower will have no opportunity for notice and to have a hearing before
execution is issued on any judgment entered against Borrower, and the Lender,
without prior notice and a hearing, may foreclose upon, attach, levy or
otherwise seize property of the Borrower in full or partial payment of the
judgment.
2. Borrower knows and understands that it Is the Confession of Judgment clause in the
Note which gives the Lender the rights enumerated in Subparagraphs (a) through (f) of
Paragraph 1 above.
aucwn -( is 227717.1
JAN-04-2010 13:31 HBG. REGIONAL CHAMBER 717 232 5184 P.007i022
3. IF BORROWER DOES NOT SIGN THE NOTE WHICH CONTAINS A CONFESSION OF
JUDGMENT CLAUSE, BORROWER UNDERSTANDS THAT BORROWER WOULD HAVE
THE FOLLOWING RIGHTS: (a) the right to have notice and an opportunity to be heard
prior toethe entry of judgment and the Issuance of execution on the judgment; (b) the
right to have the burden of providing default rest upon the Lender before Borrower's
property can be exposed to execution; and (c) the right to avoid the additional expense
of attorney's fees and costs incident to opening or striking off a confessed judgment.
4. Fully and completely understanding these rights which Borrower has prior to signing the
Note (and clearly aware that these rights will be given up, waived, relinquished, and
abandoned if Borrower signs the Note), the Borrower nevertheless freely and voluntarily
chooses to sign the Guaranty, Borrower's intention being to give up, waive, relinquish,
and abandon Borrower's known rights (as described in Paragraph 3 above) and subject
himself/herself to the circumstances described in Paragraph 1 above.
6. The Borrower acknowledges Is) that the Loan has been made for business purposes,
and (b) that the annual conjugal income of the undersigned exceeds $10,000.00.
DATED this *1 day of March, 2002.
I HAVE READ THIS ENTIRE STATEMENT AND I
FULLY UNDERSTAND ITS CONTENTS
ATTEST:
DGA, INC., d/b/a
INFINITY PRINT GRAPHICS
By:
Michael R. Guion, President
(CORPORATE SEAL)
COMMONWEALTH OF PENNSYLVANIA :
: ss
COUNTY OF CUMBERLAND
On the day of March, 2002, before me, a Notary Public, the undersigned officer,
personally appeared known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
SEAL Notary Public
NOTARAL SEAL
CAROL A. LYTER, NOTARY PV9UC
N: 1277471 Harrlsburp, Osuphin County
My Commission Expires Dee. 28 2004
JAN-04-2010 13:31 HBG. REGIONAL CHAMBER 717 232 5184 P.008/022
GUARANTY AND SURETY AGREEMENT
THIS GUARANTY AND SURETYSHIP AGREEMENT is being made on this 7 day of
March, 2002, by, MICHAEL R. GUION, an individual, (the "Guarantor") to the CAPITAL
REGION ECONOMIC DEVELOPMENT CORPORATION, a Pennsylvania nonprofit corporation
with an address at 3211 North Front Street, Harrisburg, Pennsylvania 17110 (the "ALO").
BACKGROUND OF AGREEMENT
A. DGA, Inc., d/b/a Infinity Print Graphics, has entered into a Loan Agreement with
the ALO dated today's date (the "Loan Agreement") for a loan from the ALO to the Borrower
in the principal amount of $115,000 (the "Loan").
B. The Loan and the obligations of the Borrower to repay the Loan with interest are
contained in a Note from the Borrower to the ALO dated today's date(the "Note"), and are
secured by a Mortgage, a Security Agreement and Financing Statement(s) in favor of the ALO
(collectively, the "Security Documents"). The Security Documents create a lien on the real
property on which Borrower's place of business is located (the "Premises") and a security
interest in certain machinery and equipment and other personal property on the Premises. The
Loan Agreement, the Note and the Security Documents are sometimes collectively called the
"Borrower's Agreements."
C. The proceeds of the Loan will be used by the Borrower towards the costs of a
project described in the Loan Agreement (the "Project") in connection with Borrower's
business at the Premises.
D. The ALO would not make the Loan without this Guaranty from the Guarantor.
The Loan and the Project will benefit the Borrower because of the Guarantor's ownership
interests in the Borrower.
E. The Note is being endorsed and assigned by the ALO to the Commonwealth of
Pennsylvania, acting through the Department of Community and Economic Development (the
"Department").
Dftumnr X 227744.1
"EXHIBIT "B"
JAN-04-2010 13:32 HBG. REGIONAL CHAMBER 717 232 5184 P.009/022
NOW, THEREFORE, In order to induce the ALO to make the Loan to the Borrower and to
induce the Department to consent to the malting of the Loan by the ALO to the Borrower, and'
for other good and valuable consideration, the receipt of which is hereby acknowledged, the
Guarantor does hereby agree as follows:
1. Unconditional Guaranty of Payment and Performance. The Guarantor absolutely
and unconditionally promises and guarantees to the ALO and the Department the due and
punctual payment and full and faithful performance of all amounts and obligations required to
be paid or performed by the Borrower pursuant to the Borrower's Agreements when and as the
same shall become due and payable or subject to performance, whether at maturity, by
acceleration or otherwise according to the terms of the Borrower's Agreements.
2. Guaranty Not Affected. The Guarantor agrees that neither an assignment nor a
sale of the Project will have any affect on the obligations assumed and guaranteed by the
Guarantor, which shalt continue with the same force and effect as if the assignment or sale
had not been made. The Guarantor also agrees that the ALO or the Department may make a
claim against the Guarantor under this Guaranty and demand payment and performance by the
Guarantor without any requirement that the ALO or the Department proceed first against the
Borrower, the Project, the Premises or any other collateral securing the Loan or any other
entity having liability for the Loan. The Guarantor agrees that the ALO may make changes in
any or all of the Borrower's Agreements (provided that those changes do not include an
increase in the principal amount of the Loan, except by reason of increases to the principal
from accrued and unpaid interest or other reimbursement obligations of the Borrower) and such
changes will not discharge the obligations of the Guarantor under this Guaranty, which shall
continue with the same force and effect as if the changes had not been made.
3. CONFESSION OF JUDGMENT AGAINST THE GUARANTOR. IF ANY AMOUNT
DUE TO THE ALO OR THE DEPARTMENT UNDER THE NOTE, THE SECURITY DOCUMENTS
OR THE LOAN AGREEMENT REMAINS UNPAID OR IF THE BORROWER IS IN DEFAULT UNDER
ANY OF THE TERMS OF THE BORROWER'S AGREEMENTS, THEN THE GUARANTOR HEREBY
AUTHORIZES AND EMPOWERS IRREVOCABLY, THE PROTHONOTARY, CLERK OF COURT OR
ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR THE GUARANTOR IN SUCH
COURT, IN TERM, OR VACATION, AT ANY TIME AND CONFESS JUDGMENT IN FAVOR OF
THE DEPARTMENT, WITH OR WITHOUT THE FILING OF AN AVERMENT OR DECLARATION
OF DEFAULT, FOR SUCH AMOUNT AS MAY APPEAR TO BE UNPAID, ALL INTEREST DUE
DocwneM k: 22774-A 1
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JAN-04-2010 13:33 HBG. REGIONAL CHAMBER 717 232 5184 P.010/022
THEREON AND ALL REASONABLE COSTS INCURRED IN CONNECTION WITH THE
COLLECTION OF SUCH AMOUNT, TOGETHER WITH REASONABLE ATTORNEY'S FEES. THE
GUARANTOR SHALL NOT CAUSE ANY BILL IN EQUITY TO BE FILED TO INTERFERE IN ANY
MANNER WITH THE OPERATION OF SUCH JUDGMENT, HEREBY RATIFYING AND
CONFIRMING ALL THAT SAID ATTORNEY MAY DO BY VIRTUE HEREOF. THE AUTHORITY
HEREINABOVE GRANTED SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF, BUT
JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AND AS OFTEN AS
ANY DEFAULT SHALL OCCUR HEREUNDER. CONFESSION OF JUDGMENT MAY BE MADE
BY FILING COPIES OF THE BORROWER'S AGREEMENTS AND THIS GUARANTY AGREEMENT
IN LIEU OF ORIGINALS THEREOF.
THE GUARANTOR ACKNOWLEDGES THAT GUARANTOR UNDERSTANDS THE
MEANING AND EFFECT OF THE CONFESSION CONTAINED IN THE FOREGOING PARAGRAPH.
SPECIFICALLY, THE GUARANTOR UNDERSTANDS -AMONG OTHER THINGS THAT (1)
GUARANTOR IS RELINQUISHING THE RIGHT TO HAVE NOTICE EXCEPT AS PROVIDED
HEREIN, AN OPPORTUNITY TO BE HEARD AND THE RIGHT TO HAVE THE BURDEN OF
PROOF OF DEFAULT REST ON THE DEPARTMENT PRIOR TO THE ENTRY OF JUDGMENT, (2)
THE ENTRY OF JUDGMENT MAY RESULT IN A LIEN ON GUARANTOR'S PROPERTY,
(3) GUARANTOR WILL BEAR THE BURDEN AND EXPENSE OF ATTACKING THE JUDGMENT
AND CHALLENGING EXECUTION ON THE LIEN AND SALE OF THE PROPERTY COVERED
THEREBY, AND (4) ENOUGH OF GUARANTOR'S PROPERTY MAY BE TAKEN TO PAY THE
PRINCIPAL AMOUNT, INTEREST, COSTS AND ATTORNEY'S FEES.
4. Guaranty as Suretyship Agreement. This Guaranty will be interpreted and
construed as a contract of suretyship in accordance with the laws of the Commonwealth of
Pennsylvania.
6. fists of Collection and Legal Fees. In addition to all of the sums payable
hereunder the Guarantor agrees to pay the reasonable costs and expenses incurred by the ALO
and the Department in connection with all action taken to enforce collection under this
Guaranty or any or all of the Borrower's Agreements upon default by the Borrower and the
Guarantor, whether by legal proceedings or otherwise, including reasonable attorney's fees and
court costs.
6. Guarantor' s Review of the Borrower Agreements. The Guarantor has examined
and reviewed the Borrower Agreements and understands the obligations of the Borrower which
the Guarantor is agreeing to pay and perform.
DOatftnt N: 227744.1
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JAN-04-2010 13:34 HBG. REGIONAL CHAMBER 717 232 5184 P.011i022
7. Subordination of The Guarantor s Interests. The Guarantor agrees that
whatever right, title and interest the Guarantor may have in and to the Project shall be, and the
same is hereby made, subject and subordinate to the security interest of the Security
Documents.
0. Notices. Any notice or consent required or permitted by this Agreement shall be
in writing and shall be deemed delivered if delivered in person or if sent by registered or
certified mail, postage pre-paid, return receipt requested, as follows, unless such address is
changed by written notice hereunder:
lay If to the ALO:
Capital Region Economic Development Corporation
3211 North Front Street
Harrisburg, PA 17110
Attention: Loan Officer
cc: Commonwealth of Pennsylvania
Department of Community and Economic Development
433 Forum Building
Harrisburg, Pennsylvania 17120
Attention: Secretary
(b) If to the Guarantor:
Michael R. Cuion
121 North Pitt Street
Carlisle, PA 17013
Notice shall be effective upon delivery if delivered in person or on the second
business day following mailing if mailed.
9. Absolute and Unconditional Nature f Guarantor's Obligation. The liability of the
Guarantor under this Guaranty is absolute and unconditional, without regard to the liability of
any other person. The Guarantor's liability will not in any manner be affected by reason of any
action taken or not taken by the ALO or the Department, which action or inaction is herein
consented and agreed to, nor by the partial or complete unenforceability or invalidity of the
Borrower Agreements or any other guaranty or surety agreement, pledge, assignment or other
security for any of the obligations guaranteed hereunder. No delay in making demand on the
Guarantor or satisfaction of Guarantor's liability hereunder will prejudice the ALO's or the
douaMm #: 2277441
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JAN-04-2010 13:35 HBG. REGIONAL CHAMBER 717 232 5184 P.012i022
Department' s right to enforce such satisfaction. All of the rights and remedies of the ALO and
the Department will be cumulative. Any failure of the ALO or the Department to exercise any
right hereunder will not be construed as a waiver of the right to exercise the some or any other
right at any time or times thereafter.
10. Pennsylvania Law Governs. The Guarantor agrees that this Guaranty will be
governed by the substantive law of the Commonwealth of Pennsylvania, without regard to
principles of conflicts of laws. The Guarantor hereby consents to the application of
Pennsylvania law to this Guaranty and to the jurisdiction of the courts of the Commonwealth
of Pennsylvania including, without limitation, the Common Pleas Courts of Dauphin County,
11. The Guarantor's Consents and Waivers. The Guarantor hereby:
(a) Consents that the ALO and/or the Department may without the
Guarantor's consent and without affecting the Guarantor's obligations:
(i) Exchange, release or surrender any collateral under the Security
Documents, or waive, release or subordinate any security interest, in whole or in
part, now or hereafter held as security for any of the obligations guaranteed
hereunder;
(ii) Waive or delay the exercise of any of the rights or remedies of the
ALO or the Department against the Borrower or any other person or entity,
including, without limitation, the Guarantor;
(iii) Release the Borrower or any other person or entity;
(iv) Renew, extend, or modify the terms of any of the obligations
guaranteed hereunder or any instrument or agreement evidencing the same; and
(v) Apply payments by the Borrower, the Guarantor, or any other
person or entity, to any of the obligations guaranteed hereunder.
(b) Waives all notices whatsoever with respect to this Guaranty or with
respect to the obligations guaranteed hereunder, except as provided in paragraph 2
hereinabove, including, without limitation, notice of:
(i) The acceptance hereof by the ALO or the Department or the
intention to act, or the action, by the ALO or the Department, in reliance hereon;
(ii) The present existence or future incurring of any of the obligations
guaranteed hereunder or any terms or amounts thereof or any change therein;
(iii) Any default by the Borrower or any surety, pledgor, grantor of
security, or guarantor, and
?wnsnr ?• z2???a?
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JAN-04-2010 13:36 HBG. REGIONAL CHAMBER 717 232 5184 P.013i022
(iv) The obtaining or release of any guaranty or surety agreement tin
addition to this Guaranty), pledge, assignment, or other security for any of the
obligations guaranteed hereunder.
The Guarantor waives notice of presentment, demand, protest and notice of
non-payment, protest in relation to any instrument evidencing any of the obligations
guaranteed hereunder, and any other demands and notices required by law, except as such
waiver may be expressly prohibited by law.
12. Successors and Assigns. This Guaranty will inure to the benefit of the ALO and
the Department and the ALO's and the Department's successors and assigns and will be
binding upon the Guarantor, and Guarantor's successors and assigns.
13. Document under Seal. This Guaranty is intended to take effect as a document
under seal.
14. Term of Guaranty. This Guaranty shall be effective from the date hereof until
the payment in full of all amounts due under the Loan or any of the Borrower's Agreements.
15. Nondiscrimination. The Guarantor will not discriminate against any employee or
against any applicant for employment because of race, religion, color, handicap, ancestry,
national Brigin, sex or age, in any manner, including but not limited to the following activities:
employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Guarantor hereby accepts and agrees to' be bound by the
nondiscrimination provisions set forth in Exhibit "A" hereto, and will cause comparable
nondiscrimination provisions to be inserted into all Project contracts.
18. Contractor Responsibility Provisions. Included in and made a part of this
Agreement is Exhibit "Bff, a clause pertaining to Contractor Responsibility.
17. Contractor Integrity. The Guarantor covenants that the Guarantor presently has
no Interest and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of the Guarantor's obligations hereunder. Included in
and made a part of this Agreement is Exhibit "C", a clause pertaining to Contractor Integrity.
18. Americans with Disabilities Act. Included in and made a part of this Agreement
is Exhibit D, a clause pertaining to compliance with the Americans with Disabilities Act.
19. Exhibits "A" "B" "C" and "D" The Guarantor shall be referred to as Contractor
in Exhibits "A", "B", "C" and "D".
mow„: #. W744 I
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IN WITNESS WHEREOF, the Guarantor, intending to be legally bound hereby, has
executed this Guaranty Agreement for the purposes herein stated, this _ 7 day of, March,
2002.
h&'
Michael R. Guion
deaf M: Z77,kI
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JAN-04-2010 13:37 HBG. REGIONAL CHAMBER 717 232 5184 P.015i022
EXHIBIT "A"
NONDISCRIMINATION CLAUSE
During the term of this contract, Contractor agrees as follows:
1. Contractor shall not discriminate against any employe, applicant for employment,
independent contractor or any other person because of race, color, religious creed, ancestry,
national origin, age or sex. Contractor shall take affirmative action to insure that applicants
are employed, and that employes or agents are treated during employment, without regard to
their race, color, religious creed, handicap, ancestry, national origin, age or sex. Such
affirmative action shall include, but is not limited to: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training. Contractor shall post in conspicuous places,
available to employes, agents, applicants for employment and other persons, a notice to be
provided by the contracting agency setting forth the provisions of this nondiscrimination
clause.
2. Contractor shall in advertisements or requests for employment placed by it or on
its behalf, state that all qualified applicants will receive consideration for employment without
regard to race, color, religious creed, handicap, ancestry, national origin, age, or sex.
3. Contractor shall send each tabor union or workers' representative with which it
has a collective bargaining agreement or other contract or understanding, a notice advising said
labor union or workers' representative of its commitment to this nondiscrimination clause.
Similar notice shall be sent to every other source of recruitment regularly utilized by
Contractor.
4. It shall be no defense to a finding of noncompliance with this nondiscrimination
clause that Contractor had delegated some of its employment practices to any union, training
program or other source of recruitment which prevents it from meeting its obligations.
However, if the evidence indicates that the Contractor was not on notice of the third-party
discrimination or made a good faith effort to correct it, such factor shalt be considered in
mitigation in determining appropriate sanctions.
5. Where the practices of a union or of any training program or other source of
recruitment will result in the exclusion of minority group persons, so that Contractor will be
unable to most its obligations under this nondiscrimination clause, Contractor shall then employ
and fill vacancies through other nondiscriminatory employment procedures.
6. Contractor shall comply with all state and federal laws prohibiting discrimination
in hiring or employment opportunities. In the event of Contractor's noncompliance with the
nondiscrimination clause of this contract or with any such laws, this contract may be
terminated or suspended, in whole or in part, and Contractor may be declared temporarily
ineligible for further Commonwealth contracts, and other sanctions may be imposed and
remedies invoked.
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JAN-04-2010 13:38 HBG. REGIONAL CHAMBER
717 232 5184 P.016/022
7. Contractor shall furnish all necessary employment documents and records to,
and permit access to its books, records and accounts by, the contracting agency for purposes
of investigation to ascertain compliance with the provisions of this clause. If Contractor does
not possess documents or records reflecting the necessary information requested, it shall
furnish such information on reporting forms supplied by the contracting agency.
S. Contractor shall actively recruit minority subcontractors
subcontractors or subcontractors with substantial minority representation
employees.
and women
among their
8. Contractor shall include the provisions of this nondiscrimination clause in every
subcontract, so that such provisions will be binding upon each subcontractor.
10. Contractor obligations under this clause are limited to the Contractor's facilities
within Pennsylvania or, where the contract is for purchase of goods manufactured outside of
Pennsylvania, the facilities at which such goods are actually produced.
M: 127744.1
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JAN-04-2010 13:39 HBG. REGIONAL CHAMBER 717 232 5184 P.017i022
EXH181T "B"
CONTRACTOR RESPONSIBILITY PROVISIONS
1. The Contractor certifies that it is not currently under suspension or debarment by
the Commonwealth, any other state, or the federal government, and if the Contractor cannot
so certify, then it agrees to submit along with the bid/proposal a written explanation of why
such certification cannot be made.
2. If the Contractor enters into any subcontracts or employs under this contract
any subcontractors/individuals who are currently suspended or debarred by the
Commonwealth or the federal government or who become suspended or debarred by the
Commonwealth or federal government during the term of this contract or any extensions or
renewals thereof, the Commonwealth shall have the right to require the Contractor to
terminate such subcontracts or employment.
3. The Contractor agrees to reimburse the Commonwealth for the reasonable costs
of investigation incurred by the Office of Inspector General for investigations of the
Contractor's compliance with terms of this or any other agreement between the Contractor
and the Commonwealth which result in the suspension or debarment of the Contractor. Such
costs shall include, but not be limited to, salaries of investigators, including overtime; travel
and lodging expenses; and expert witness and documentary fees. The Contractor shall not be
responsible for investigative costs for investigations which do not result in the Contractor's
suspension or debarment.
4. The Contractor may obtain the current list of suspended and debarred
contractors by contacting the:
Department of General Services
Office of Chief Counsel
603 North Office Building
Harrisburg, PA 17125
Telephone No. (717) 783-8472
Fax No. (717) 787-9138
f,'2277441
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JAN-04-2010 13:39 HBG. REGIONAL CHAMBER 717 232 5184 P.018/022
EXHIBIT "C"
CONTRACTOR INTEGRITY PROVISIONS
1. Definitions.
a. Confidential information means information that is not public knowledge,
or available to the public on request, disclosure of which would give an unfair,
unethical, or illegal advantage to another desiring to contract with the Commonwealth.
b. Consent means written permission signed by a duly authorized officer or
employee of the Commonwealth, provided that where the material facts have been
disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the
Commonwealth shall be deemed to have consented by virtue of execution of this
Agreement.
C. Commonwealth means the Commonwealth of Pennsylvania Acting by
and Through Its Department of Community and Economic Development and any
agencies and instrumentalities of the Commonwealth of Pennsylvania for which the
Department of Community and Economic Development provides staff services
(including without limitation the Pennsylvania Industrial Development Authority,
Pennsylvania Economic Development Financing Authority, Pennsylvania Energy
Development Authority, and Pennsylvania Minority Business Development Authority).
d. Contractor means the individual or entity that has entered into an
agreement with the Commonwealth, assumed the obligations of another to repay
moneys to the Commonwealth, or is the intended beneficiary of, and has knowingly
received benefits under, an agreement between the Commonwealth and a financial
intermediary or educational institution, including directors, officers, partners, managers,
key employees, and owners of more than a 5% interest.'
e. Financial Interest means:
(1) ownership of more than a 5% interest in any business; or
(2) holding a position as an officer, director, trustee, partner,
employee, or the like, or holding any position of management.
f. Gratuity means any payment of more than nominal monetary value in the
form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions,
advances, deposits of money, services, employment, or contracts of any kind.
2. The Contractor shall take no action in violation of state or federal laws,
regulations, or other requirements that govern contracting with the Commonwealth.
DWI-M A: 27 7744..1
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JAN-04-2010 13:40 HBG. REGIONAL CHAMBER 717 232 5184 P.019/022
3. the Contractor shall not, in connection with this or any other agreement with
the Commonwealth, directly or indirectly offer, confer, or agree to confer any pecuniary benefit
on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of
discretion, or violation of a known legal duty by any officer or employee of the
Commonwealth.
4. The Contractor shall not, In connection with this or any other agreement with
the Commonwealth, directly or indirectly offer, give, or agree or promise to give to anyone any
gratuity for the benefit of or at the direction or request of any officer or employee of the
commonwealth.
5. Except with the consent of the Commonwealth, the Contractor shall not have a
financial interest in any other contractor, subcontractor, or supplier providing services, labor, or
material on this project.
6. The Contractor, upon being informed that any violation of these provisions has
occurred or may occur, shall immediately notify the Commonwealth in writing.
7. The Contractor, by execution of this Agreement and by the submission of any
bills or invoices4 for payment pursuant thereto, certifies and represents that he has not violated
any of these provisions.
8. The Contractor, upon the inquiry or request of the Inspector General of the
Commonwealth or any of that official's agents or representatives, shall provide, or if
appropriate, make promptly available for inspection or copying, any information of any type or
form relevant to the Contractor's compliance with this Agreement iincluding without limitation
these provisions relating to Contractor Integrity). Such information shall be retained by the
Contractor for a period of three years beyond the termination of the contract unless provided
by law.
9. For violation of any of the above provisions, the Commonwealth may declare an
event of default hereunder, subject to applicable notice and cure provisions, and debar and
suspend the Contractor from doing business with the Commonwealth, including without
limitation participation in its financial assistance programs. These rights and remedies are
cumulative, and the use or nonuse of any one shall not preclude the use of all or any other.
These rights and remedies are in addition to those the Commonwealth may have under law,
statute, regulation, or otherwise.
#: 227701
12
EXHIBIT "D"
AMERICANS WITH DISABILITIES ACT PROVISIONS
During the term of this contract, the Contractor agrees as follows:
I. Pursuant to federal regulations promulgated under the authority of The
Americans With Disabilities Act, 28 C.F.R. 135. 101 at seq., the Contractor understands and
agrees that no individual with a disability shall, on the basis of the disability, be excluded from
participation in this contract or from activities provided for under this contract. As a condition
of accepting and executing this contract, the Contractor agrees to comply with the "General
Prohibitions Against Discrimination," 28 C.F.R. 135.130, and all other regulations promulgated
under Title it of The Americans With Disabilities Act which are applicable to the benefits,
services, programs, and activities provided by the Commonwealth of Pennsylvania through
contracts with outside contractors.
2. The Contractor shall be responsible for and agrees to indemnify and hold
harmless the Commonwealth of Pennsylvania from all losses, damages, expenses, claims,
demands, suits,?and actions brought by any party against the Commonwealth of Pennsylvania
as a result of the Contractor's failure to comply with the provisions of paragraph 1 above.
" r,u Ik 2277441
JAN-04-2010 13:41 HBG. REGIONAL CHAMBER 717 232 5184
13
P. 020/022
JAN-04-2010 13:42 HBG. REGIONAL CHAMBER 717 232 5184 P.021i022
DISCLOSURE STATEMENT AND EXPLANATION OF RIGHTS
CONFESSION OF JUDGMENT
On the date hereof, DGA, INC., d/b/a INFINITY PRINT GRAPHICS, (the "Borrower")
entered into a loan agreement (the "Loan Agreement") with CAPITAL REGION
ECONOMIC DEVELOPMENT CORPORATION (the "Lender") providing for aterm loan by
Lender to Borrower In an aggregate principal amount not to exceed ONE HUNDRED
FIFTEEN THOUSAND AND 00/100 DOLLARS ($115,000.00) (the 'Loan'). The loan is
evidenced by a Term Note, executed, dated March 7 2002, and issued by the
Borrower, payable to the order of the Lender (the "Note"). To induce the Lender to
enter into the Loan Agreement and to make the Loan, the undersigned guarantor (the
"Guarantor") has offered to execute a Guaranty and Suretyship Agreement of even
date herewith (the "Guaranty") whereby the Guarantor, among other things,
guarantee(s) to the Lender, in accordance' with the terms and conditions thereof, the
full and prompt payment of the obligations of the Borrower to the Lender, plus costs
and inte0ast. The Guarantor clearly and specifically understands that by signing the
Guaranty of even date herewith, which contains a confession of judgment clause.
(a) Guarantor will authorize the Lender to enter a judgment against Guarantor and in
its favor which will give the Lender a lien upon any real estate which Guarantor
may own, including Guarantor's home;
(b) Guarantor will give up the right to any notice or opportunity to be heard prior to
the entry of the judgment;
(c) Guarantor will agree that the Lender can enter the judgment prior to proof of
non-payment or other default on Guarantor's part;
(d) Guarantor will subject all of Guarantor's property, both personal property and
real estate, to execution (and Sheriff's Sale), pursuant to the judgment, prior to
proof of non-payment or other default on Guarantor's part;
(e) Guarantor will be unable to challenge this judgment, should the Lender enter it,
except by proceeding to open or strike the judgment, and such a proceeding will
result in attorney's fees and costs which Guarantor will be obligated to pay;
and
(f) Guarantor will have no opportunity for notice and to have a hearing before
execution is issued on any judgment entered against Guarantor, and the Lender,
without prior notice and a hearing, may foreclose upon, attach, levy or
otherwise seize property of the Guarantor in full or partial payment of the
judgment.
Guarantor knows and understands that it is the Confession of Judgment clause in the
* 22774&!
JAN-04-2010 13:43 HBG. REGIONAL CHAMBER
717 232 5184 P.022i022
Guaranty which gives the Lender the rights enumerated in Subparagraphs (a) through (f)
of Paragraph 1 above.
IF GUARANTOR DOES NOT SIGN THE GUARANTY WHICH CONTAINS A CONFESSION
OF JUDGMENT CLAUSE, GUARANTOR UNDERSTANDS THAT GUARANTOR WOULD
HAVE THE FOLLOWING RIGHTS: (a) the right to have notice and an opportunity to be
heard prior to the entry of judgment and the issuance of execution on the judgment; (b)
the right to have the burden of providing default rest upon the Lender before
Guarantor's property can be exposed to execution; and (c) the right to avoid the
additional expense of attorney's fees and costs incident to opening or striking off a
confessed judgment.
Fully and completely understanding these rights which Guarantor has prior to signing
the Guaranty (and clearly aware that these rights will be given up, waived, relinquished,
and abandoned if Guarantor signs the Guaranty), the Guarantor nevertheless freely and
voluntarily chooses to sign the Guaranty, Guarantor's intention being to give up, waive,
relinquish, and abandon Guarantor's known rights (as described in Paragraph 3 above)
and subject himselftherself to the circumstances described in Paragraph 1 above.
The Guarantor acknowledges (a) that the Loan has been made for business purposes,
and (b) that the annual conjugal income of the undersigned exceeds 810,000.00.
DATED this _?_ day of March, 2002.
1 HAVE READ THIS ENTIRE STATEMENT AND
I FULLY UNDERSTAND ITS CONTENTS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
By: - a_
Michael R. Gulon
: ss
On the Z day of March, 2002, before me, a Notary Public, the undersigned officer,
personally appeared known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument and acknowledged that he executed the same for the
Purposes therein contained. .
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
NOTARIAL SEAL
CAROL A LYTER, NOTARY PUBLIC
Haaisburp. Daapbin County
MY Cammiaaion Exoes DeC. 28 200
TOTAL P.022
VERIFICATION
The undersigned, Melissa N. McLaughlin, hereby verifies and states that:
She is the Business Finance Officer of Capital Region Economic Development
Corporation;
2. She is authorized to make this Verification on its behalf,
The facts set forth in the foregoing Complaint are true and correct to the best of her
knowledge, information and belief; and
4. She is aware that any false statements herein are made subject to the penalties of 18
Pa.C.S.A. §4904, relating to unsworn falsification to authorities.
Dated:6 /D
elissa ?-
NMcLaughlin
Business Finance Officer
CAPITAL REGION ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : No. 10 - 2a0 (iivi I arm 0 o
DGA, INC., d/b/a INFINITY PRINT M a
GRAPHICS and MICHAEL R. GUION,
Defendants : CONFESSION OF JUDGMENT L
CERTIFICATE OF ADDRESSES c
r.>
w
I hereby certify that the business address of Plaintiff is 3211 North Front Street, Harrisb urg,
PA 17110, that the last known business address of Defendant, DGA, Inc., d/b/a Infinity Print
Graphics, is 121 North Pitt Street, Carlisle, Pennsylvania 17013 and that the last known address of
Defendant, Michael R. Guion, 121 North Pitt Street, Carlisle, Pennsylvania 17013.
SHUMAKER WU4^MS, P.C.
Dated: l 6 //16
By
Anthon,XFoschi, I.D. #55895
Ryan P. Siney, I.D. #209190
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Plaintiff
CAPITAL REGION ECONOMIC
DEVELOPMENT CORPORATION,
Plaintiff
V.
DGA, INC., d/b/a INFINITY PRINT
GRAPHICS and MICHAEL R. GUION,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10 - =O a;,,;, Tat-W,
CONFESSION OF JUDGMENT
cry s-
I certify, pursuant to the penalties of 18 Pa.C.S. §4904 (pertaining to unsworn
'.s
a
C
sa•
a
3
W
W
Afion g
authorities), that this judgment is not being entered by confession against a natural person in
connection with a "consumer credit transaction" as the same is defined in Pa.R.C.P. 2950.
SHUMA ILLIAMS, P.C.
Dated: 16 //D By
Anthony J. Foschi, I.D. #55895
Ryan P. Siney, I.D. #209190
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Plaintiff
CAPITAL REGION ECONOAfIC`
DEI ELOPAIENT CORPORATION,
PLAIN I IFF
Vs
DGA, INC., d1bla INFINITY PRINT
GRAPHICS crud MICHAEL R. GUION
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10- 'ga0 0ivi( Ter.
CIVIL ACTION - CONFESSION OF.IUDGtiIENT
To DGA, Inc,. d/b/a Infinity Print Graphics, Defendant(s)
You are hereby notified that on , the following ? Order ? Decree ® Judgment has
been entered against you in the above captioned case.
Judgment by confession in the amount of $ plus a per diem of $4.92, interest and costs.
39, 5q9- Is
DATE: I (o o
..i
OK6
I hereby certify that the name and address of the proper person(s) to receive this notice is:
DGA, Inc., d/b/a Infinity Print Graphics
121 North Pitt Street
Carlisle, PA 17013
A DGA, Inc., d/b/a Infinity Graphics, Defendido/a
Defendidos/as
Por este medio se le esta notificando que el de del el/la siguiente ? Orden
? Decreto ® Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Prothonotario
Certitico que la siguiente direction es la del defendido/a sigun indicada en el certiticado de
residencia:
DGA, Inc., d/b/a Infiniti, Print Graphics
121 North Pitt Street
Carlisle, PA 17013
Abogado del Demandante
Proth. - 78
CAPITAL REGION ECONOa11C
DEVELOPMENT CORPORATION,
Vs
DGA, INC., d/b/a INFINITY PRINT
GRAPHICS and jWICHAEL R. GUION
To Michael R. Guion, Defendant(s)
PLAINTIFF
DEFENDANT
You are hereby notified that on
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. lD - O'MD 0,t V i L 1.-rIk
CIVIL ACTION - CONFESSION OFJUDGMENT
, the following ? Order ? Decree ® Judgment has
been entered against you in the above captioned case.
Judgment by confession in the amount of $ plus a per diem of $4.92, interest and costs.
M. 549.15
DATE: I I r /to
1 hereby certify that the name and address of the proper person(s) to receive this notice is:
Michael R. Guion
121 North Pitt Street
Carlisle, PA 17013
A Michael R. Guion, Defendido/a
Defendidos/as
Por este medio se le esta notificando que el de del el/la siguiente ? Orden
? Decreto ® Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Prothonotario
Certifico que la siguiente direccion es la del defendido/a sigun indicada en el certificado de
residencia:
Michael R. Guion
121 North Pitt Street
Carlisle, PA 17013
Abogado del Demandante
Proth. - 78
CAPITAL REGION ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : No. 10-220 Civil Term
DGA
INC
d/b/a INFINITY PRINT C") r
,
.,
GRAPHICS and MICHAEL R. GUION, Z
Defendants : CONFESSION OF JUDGMENT av -O
*J rn
PRAECIPE TO DISCONTINUE. END AND SATISFY k , '„
as ?
To the Prothonotary:
PLEASE mark the above matter as discontinued and mark the judgments entered against
Defendants, DGA, Inc., d/b/a Infinity Print Graphics and Michael R. Guion, as paid, satisfied and
discontinued.
Dated: April 17, 2012
SHUMAKER WILLIAMS, P.C.
By ? 1 LA64- " - 'OeL"
Rya . Siney, I.D. #209190
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Plaintiff
A
JA
CERTIFICATE OF SERVICE
I, Ryan P. Siney, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I
served a true and correct copy of the foregoing Praecipe to Discontinue, End and Satisfy on this date
by depositing a copy of the same in the possession of the United States mail, first-class, postage
prepaid, addressed as follows:
Michael R. Guion
121 North Pitt Street
Carlisle, PA 17013
DGA, Inc. d/b/a Infinity Print Graphics
121 North Pitt Street
Carlisle, PA 17013
SHUMAKER WILLIAMS, P.C.
Dated: April 17, 2012 By a44Al
R P. Siney
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
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