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HomeMy WebLinkAbout05-2392 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, OS- -;g(~ CiucLT 8L~ CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION, Plaintiff v, KNAUB ENTERPRISES, INC" DENNIS A, KNAUB, Defendants CIVIL ACTION-LAW Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint as Exhibit" A" filed in this action, I appear for the Defendants and confess Judgment in favor of the Plaintiff and against the Defendants as follows: Amount Owed: $ 168,954,68 Interest: To be determined Court Costs: To be determined Attorney's Fees: $ 16,895.47 TOTAL: $185,850.15 plus interest & court costs By Steven C, Courtney, Esquire Attorney LD, No, 74669 P,O, Box 6280 Harrisburg, P A 17112 (717) 540-3900 , , CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO, 05' - ;)39~ (!.~u~L~f/L~ v, KNAUB ENTERPRISES, INC" DENNIS A, KNAUB and Defendants CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF mDGMENT FOR MONEY AND NOW, this 5th day of May, 2005, comes the Plaintiff, Capital Region Economic Development Corporation, by and through its attorney, Steven Courtney, Esquire and states the following cause of action and in support thereof, avers as follows: 1, Plaintiff, Capital Region Economic Development Corporation, is a nonprofit corporation existing under the laws of the Commonwealth of Pennsylvania, whose address is 3211 North Front Street, Harrisburg, Pennsylvania 17110, 2, Defendant, Dennis A. Knaub, is an adult individual with a last known address of 211 Candlelight Drive, Carlisle, Cumberland County, Pennsylvania 17013, 3, Defendant, Knaub Enterprises, Inc" is averred to be a Pennsylvania corporation with an office located at 80 Stover Drive, Carlisle, Cumberland County, Pennsylvania 17013, 4, A true and correct copy of the instrument, Note, under which Plaintiff is confessing judgment is attached hereto, incorporated herein and marked as Exhibit "A", 5, The balance due pursuant to the terms and conditions as reflected on the promissory note attached hereto as Exhibit "A" less payments made by Defendants, is $185,850,15 plus court costs and interest. 6, The transaction pursuant to which Plaintiff is confessing judgment was for a commerciallbusiness purpose and was not a consumer credit transaction, 7, The instrument and obligation under which judgment is being confessed has not been assigned, 8, Defendants have defaulted on the obligation to Plaintiff by failing to pay all amounts owed Plaintiff pursuant to the terms and conditions of the documents attached hereto as Exhibit "A", 9, Judgment has not been entered against the Defendants in any jurisdiction for any amount under the instrument. 10, Judgment is demanded as authorized by the warrant of attorney contained in the instrument attached as Exhibit "A", 11, The warrant appearing in the attached instrument is less than twenty (20) years old, WHEREFORE, Plaintiff demands the entry of a Judgment against the Defendants, Dennis A. Knaub and Knaub Enterprises, Inc" in the sum of$185,850,15 Ius costs in this action and interest. ,< MRY-05-2005 15:19 HARRISBURG REG.CHRMBER ,- I '( , I \i", , NQIE Dated: November z.. ,2001 At: Harrisburg, Pennsylvania f. ~" t $ 200.000.00 l' t If t~. FOR VALUE RECEIVED, the undersigned KNAUB ENTERPRISES, INC., d/b/a UCF ~. ~ MACHINE SHOP, dlblll HANOVER AUrO WORKS, a corporation organized and existing under r t' and by virtue of the laws of the Commonwealth of Pennsylvania (the "Maker"), and DENNIS t A, KNAUB an individual (the "Co-Signer"' irrevocably promise to pay to the order of THE COMMONWEALTH OF PENNSYLVANIA (the "Commonwealth"), to the order of the CAPlrAL REGION ECONOMIC DEVELOPMENT CORPORATION, a nonprofit corporation organized under and by virtue the laws of the Commonwealth of Pennsylvania (the" AI-O") , at the Comptroller's ., Office, Box 884, Federal Square Station, Harrisburg, Pennsylvania "'08, or at such other , place as the Commonwealth may direct, the principal sum of TWO HUNDRED THOUSAND " AND 00/100 DOLLARS ($200,000,00) (the "Loan"), or so 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 liS this Note (the "Loan Agreement"), together with interest as provided J, below, in lawful money of the United Stllte. of America, payable in equal monthly installments, ; a portion of which will be interest at the rate of FIVE percent (5%) per annum on the ", outstanding principal balance calculated on the basis of a 360 day year, and a portion of which will be a payment of principal. The first monthly payment is due on the first day of December, 2001. Future payments : will be due on the first day of each subsequent month. The entire unpaid balance due will be " paid on Novllmber 1, 2011 (the "Maturity Date"), or earlier if the repayment of the Loan is accelerated after Maker's default. If the Maker does not drllw down the full amount of the ':, Loan, the amount of each payment will remain the same but the number of monthly payments " required to repay the Loan will be reduced. .' Interest on the outstanding principal balance will begin to accrue from and inCluding the , date of this Note. The interest which accrues from the date of this Note through the last day , of this month will be due at the slime time and in addition to the first monthly installment of , llrincipal and interest, The monthly installments, and any partial prepayments, will be applied Ilocwne.. .2I27~9 ..... I .r< r;y~ ~ tfl- P.12/15 : j , I , I , , I , I ; I 1'1 , I i I '1RY-05-2005 16:19 HARRISBURG REG. CHAMBER P.13/15 , , . r l (0 ~ r ~; , to any late charges, then to interest on the unpaid principal, and the balance to principal. In ~ 1= addition, if the Mak.er fails to pay any monthly installment within ten 1'0) days of the date that !l !' it is due. the Maker will pay a late charge of five percent (5%1 of total amount of the overdue 11! to make prompt payments. I, " This Note is executed and delivered pursuant to the Loan Agreement, and is subject to f., j all the terms and conditions thereof. This Note is entitled to the security provided for in the .' r. j [' [! Ii Loan Agreement. As security for the payment of the Loan, the Maker has executed and delivered to the ALO a Mortgage (the "Mortgage"), which covers a certain tract of land and improvements thereon, located in 90 Stover Drive, Middlesex Township, Carlisle, Cumberland County. Pennsylvania, and a Security Agreement of evan date herewith securing this Note (the .Security Agreement") covering other collateral, THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS; , ;.' "'. , . All the terms. covenants, conditions and provisions of the Mortgage, the Security Agreement, and the LOlln Agreement are incorporated herein by reference and are : made a part hereof. and any breach or violation thereof will constitute a breach or violation of ;, this Note. 2. It shall be an Event of Default under this Note if the Maker fails to pay any sum ; required to be paid by the Maker under this Note, the Loan Agreement, the Mortgage or the ; Security Agreement within thirty 130) days after the Bum becomes due and payable, without , notice. or if the Maker fails to perform any other prOVision of this Note to be performed by the Maker and fails to cure the default within thirty (30) days after notice. or if there ;s an Event , of Defaul\"under the Loen Agreement, the Mortgage, or the Security Agreement: Upon the , ':, occurrence of an Ev.nt of Default, the ALO at its option may declare that the whole unpaid , balance of the principal indebtedness, together with all interest thereon and all other sums due '. hereunder or secured by the Mortgage or tha 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 AUTHORllY FOR " AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS " WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. THE MAKER . \ i I \ I : ! I, ! j I 0........ ..1,'5? hp2of4 M~Y-05-2005 16:20 HARRISBURG REG. CHAMBER P.14/15 ). .. , I 'i,j .~ )r .~f ,I; HEREBY KNOWINGLY , INTENTIONAllY AND VOLUNTARILY, AND, ON THE ADVICE OF THE ,.I"~",,.' 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 ::!<l' ; ;;~ UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE i il COMMONWEALTH OF PENNSYLVANIA, i i 4~ Upon the occurrence of an Event of Default under this Note (of which an .1I'it; ; !l' effldavit on behalf of the ALO will be sufficillllt evidence), the Maker and Co-Signer hereby ,; ']" irrevocably lIuthorize and empower any attorney of any court of record in the Commonwealth "1 J '" of Pennsylvanle. or .Isewhere, to appear for and to ent.r and confels jUdgment aualnst the i!l Maker or Co-Signer, at any time or time. and as of any term. fOf the principe' sum above ~ . to'., j': ~ mantioned, with or without declaration, with inter.st and costl of suit, without 5tay of , f ~;~ execution, and with reasonabl. attorney's fee., The Maker and the Co-Signer agree that any '~:, of their property may be levied upon to conect 5a1d judgm.nt and may be 501d upon a writ of ll,im execution, and hereby waive and release all laws. now or hereafter in force. relating to \f;,. exemption, appraisement or stey of execution. The authority hereby granted to conf.s. ~': judgment will not be exhausted by any exercise thereof, but will continue from time to time ',.~ ;' and at all time. until the Maker or Co-Signer hev. paid all sums required to be paid by the ." , : Meker or Co-Signer under this Note. the Loan Agreement and the Mortgage end has perfonned , ; all of the other provisions hereof or thereof to be performed by the Maker or Co-Signer. 4, The Maker may make partial prepayments on the principal indebtedness at any , time, without premium. with the prior written consent of the ALD, The Maker may make ; prepayments of the entire principal indebtedness at any time, without premium and without . the approval of the AlO. 5. All of the covenants herein contained will accrue to the benefit of the \ ':. sUcces50r5 and <l55igns, voluntary or involuntary, of the ALD, including the Commonwealth and , the Department of Community and Economic Development. " ... e. The Maker hereby waives the technical requirements of demand, gface, " presentment for payment, protest, notice of dishonor or nonpayment and notice of the exercise , of any option hereunder, except as notice and grace are 5pecificlllly provided for in this Note ,or the loan Agreement. 7. The remedies provided in this Not.., the Mortgage, Security Agreement and the I tOen Agreement or otherwise available to the ALO for the enforcement of the payment of the i' principal sum together with interest and the performance of the covenants, conditions, and ,~.212"" ir,: , :~;,. "r! Ii PopJ or. ! i ; I I 'I I! i j I , i I I , ' Ii !! , , , f; .~ MAY-05-2005 16'20 HARRISBURG REG. CHAMBER P,15/15 ,- r . , ; , I agreements, matters and things \'lerein 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 p"id 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. 9. The Co-Signer herllby agrees to the terms set forth in this Note. The Co-Signer further agrees that each and every term or condition "pplicable to the Maker shall be applicable to the Co-Signer, IN WITNESS WHEREOF, intending to be legallY bound hereby, the Mak.er has caused ; :~: :., this Note to be dUly executed. the day and year first above written. ~ 'f , ~ ':'. ATTEST: KNAUB ENTERPRISES, INC., d/b/a UCF MACHINE SHOP, d/b/a HANOVER AUTO WORKS D~_b'~ -/~ iTitle) d~, , , ICORPORA TE SEAL) :,l:::>//~ Dennis A. Knaub .....0(4 TOTAL P,15 , . ~ . ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION, Plaintiff NO, ()~- C;u;L <--r-~ v, KNAUB ENTERPRISES, INC" DENNIS A. KNAUB, Defendants CIVIL ACTION-LA W TO: Knaub Enterprises, Inc, and Dennis Knaub, Defendant You are hereby notified that on ~q/ CAe.. ,the following Judgment has been entered against you in the above captioned case p saant to the confession of judgment provision in the Note in the total amount of $185,876,18 plus costs and interest is hereby ent d, DATE: ~ Jq/()S I ( Prothonotary I hereby certify that the name and address of the proper person(s) to receiv Dennis Knaub 211 Candlelight Drive Carlisle, PA 17013 Knaub Enterprises, Inc, 80 Stover Drive Carlisle, PAl 70 13 TO: Knaub Enterprises, Inc, and Dennis Knaub, Defendido/a (Defendidos/as) Por este medio se Ie esta notificando que EI de Del , El/la siguiente (Gffieft) (De~feto) (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 segun indicada en el certificado de residencia: Dennis Knaub 211 Candlelight Drive Carlisle, P A 17013 Knaub Enterprises, Inc, 80 Stover Drive Carlisle, P A 17013 t^i - ~ (:: ~ ~ ~ r ~ D i'\. ~ ~ --- ~ -0 B ~~ ~ T-~ 0 1...'1 <;;; .::on " --,"' ~ ~~ '~~i \ -, '~, l_) W ""'-' ~. ,j_ ':r.-\ ~ 1;~;':) :;..<-':\i'\'\ ':-.\, ,...(; '\;":J ,r::- ~:. -( ~ - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION, Plaintiff NO, 05-2392 v, KNAUB ENTERPRISES, INC" DENNIS KNAUB and Defendants CIVIL ACTION-LAW PROOF OF SERVICE I, Steven C, Courtney, Esquire, hereby certify that I served a copy of the foregoing Notice of Judgment and Execution Pursuant to Rule 2958, I on the Defendant on May l3, 2005 as evidenced by the attached executed return receipt card, Knaub Enterprises, Inc, Dennis Knaub, President 80 Stover Drive Carlisle, P A 17013 By Steven e , Esquir Attorn " No, 74669 P,O, Box 6280 Harrisburg, P A 17112 (717) 540-3900 . SENDER: COMPLETE THIS SECTION . Complete ttems 1;2. and 3"Also complete ttem 4 If RestrIcted Dellvety Is desired, . Print your name and address on the reverse . so thet we can retum the card to you, . Attach this card 10 the back of the mailplece, or on the front n space pennils, 1,. Article Addressed to.: (~4J,1 fn~?/:[~, fu Jfttt'r;;J;'yly-e .. ew-Io {,/t-"y1- //)0 . . . . . ~ 8, Received by (Printed Name) 0, Is delively address dlfferenllrom ~em 17 If YES, enter delivery address below: 3" ServIce JYpe ~ Mall C Express Mall C Reg_ ~m Receipt for Merchandise C Insured Mall C 0,0,0, 4, ResIrfc1ed DeIlVOfy'1 (Extra Fee) 0 Yes ,~'~;:;~~;,/b12,aJY'o 6.'~a is:b&f.j j~9-3 7 'ps 'Fo'rm 3!l1'1.'Augus'i'2oo\' , , , " "'Oon\esbc Retum Receipt 102595-02-M-1540 ( f' ,r:- Co:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION, Plaintiff NO. 05-2392 v, KNAUB ENTERPRISES, INC" DENNIS KNAUB and Defendants CIVIL ACTION-LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please satisfy the Judgment that was entered against the Defendant in the above captioned matter. Respectfully submitted, LAW OFFICE OF STEVEN C, COURTNEY, P,C, By: Dated: q} q Ie> Steven C, Courtney, Esquire ID # 74669 P,O, Box 6280 Harrisburg, PA 17112 717-540-3900 Attorney for Plaintiff Document #: 2/8597.1 o C. :::--^. -r.)(l.' ~~',: I', ::;--'. ~~:. r-:::' '5-. 7~~\~:. ~ ,--<:: ~ ~ ~ -0 rV - -0 :Jr. Q, ~ :t;-" rnf: -ot!:l "")V ~~~i -, ~l '5-'-' ~'7"Q ",-\.. S~ :B; ::l. - c..n v;:;