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HomeMy WebLinkAbout05-5255 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 -S.2~S C!1:...,~L'-T~ CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION, Plaintiff v. KNAUB ENTERPRISES, INe., DENNIS A. KNAUB, Defendants CIVIL ACTION-LAW TO: Knaub Enterprises, Inc. and Dennis Knaub, Defendant You are hereby notified that on /O/t_/o..\, the following Judgment has been entered against you in the above captioned case pJrsuant to the confession of judgment provision in the Note in the total amount of $162,908.47 plus costs and interest is hereby e ered. , DATE: /(:>//- / (~, t , Prothon tary I hereby certify that the name and address of the proper person(s) to receive is notice is: Dennis Knaub 211 Candlelight Drive Carlisle, P A 17013 Knaub Enterprises, Inc. 80 Stover Drive Carlisle, P A 17013 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 (Gftleft) (Deeret8) (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 e1 certificado de residencia: Dennis Knaub 211 Candlelight Drive Carlisle, P A 17013 Knaub Enterprises, Inc. 80 Stover Drive Carlisle, PA 17013 v' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DS - S.256 Ciu,(-r'ifl-"Y\ 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: $ 158,908.47 Interest: To be determined Court Costs: To be determined Attorney's Fees: $ 4,000.00 TOTAL: $162,908.47 plus interest & court costs " By Steven C. ey, Esquire Attorney J.D. No. 74669 P.O. Box 6280 Harrisburg, P A 17112 (717) 540-3900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS' -5:<.,SS C.l~ J_~ CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION, Plaintiff v. KNAUB ENTERPRISES, INC., DENNIS A. KNAUB and Defendants CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, this 4th day of October, 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 $162,908.47 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 $162,908.47, plus costs in this action and interest. By Steven C. Co ey, Esquire Attorney l.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 NOTE Dated: /,9 September 2005 At: Harrisburg, Dauphin County, Pennsylvania $158,908.47 FOR VALUE RECEIVED, the undersigned, Knaub Enterprises, Inc., a Pennsylvania Corporation with an office located in Carlisle, Cwnberland County, 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 and by virtue the laws ofthe 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 $158,908.47 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 as this Note (the "Loan Agreement"), together with interest as provided below, in lawful money of the United States of America, payable in equal monthly installments, a portion of which will be interest at the rate of Five percent (5.00%) 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. 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 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. THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS: uhf/It 1. All the terms, covenants, conditions and provisions of the Security Agreement and the Loan 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. lt 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 after the sum 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. Upon the occurrence of an Event 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 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. 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 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 2 all sums required to be paid by the 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. 4. The Maker may make partial prepayments on the principal indebtedness at any time, without premium, with the prior written consent ofthe ALO. The Maker may make prepayments of the entire principal indebtedness at any time, without premium and without the approval ofthe ALO. 5. All of the covenants herein contained will accrue to the benefit ofthe successors and assigns, voluntary or involuntary, ofthe ALO, including the Commonwealth and the Department of Community and Economic Development. 6. 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. 7. The remedies provided in this Note available to the ALO for the enforcement ofthe payment of the principal 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 ofthe 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 ofthe 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. 3 IN WITNESS WHEREOF, intending to be legally bound hereby, the Maker has caused this Note to be duly executed, the day and year first above written. ATTEST: ..,. ~(1fP frj{lf'Hi~ Knaub Enterprises, Inc. ~ ~ _. -....--.... . .. - , """" ,...-.- ,_"..;<,'cc By' ---"-. ~"'.. ... ... .. . .~_ _'__m_ DenniS A. Knaub, President 4 NOTE Dated: 13 September 2005 At: Harrisburg, Dauphin County, Pennsylvania $158,908.47 FOR VALUE RECENED, the undersigned, Dennis A. Knaub, an adult individual of Carlisle, Cumberland County, Pennsylvania (the "Maker"), irrevocably promises to pay to the order of THE COMMONWEALTH OF PENNSYLVANIA (the "Commonwealth"), to the order ofThe Capital Region Economic Development Corporation, a nonprofit corporation organized under and by virtue the laws ofthe 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 $158,908.47 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 as this Note (the "Loan Agreement"), together with interest as provided below, in lawful money of the United States of America, payable in equal monthly installments, a portion of which will be interest at the rate of Five percent (5.00%) 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. 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 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. THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. All the terms, covenants, conditions and provisions of the Security Agreement and the Loan Agreement are incorporated herein by reference and are made a part hereof, and any breach or violation thereof will constitute a breach or violation ofthis 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 after the sum 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. Upon the occurrence of an Event 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 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 WANES 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. 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 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 2 all sums required to be paid by the Maker under this Note, the Loan Agreement and the Mortgage and has performed all of the other provisions hereof or thereofto be performed by the Maker. 4. The Maker may make partial prepayments on the principal indebtedness at any time, without premium, with the prior written consent ofthe ALO. The Maker may make prepayments of the entire principal indebtedness at anytime, without premium and without the approval ofthe ALO. 5. All ofthe covenants herein contained will accrue to the benefit of the successors and assigns, voluntary or involuntary, ofthe ALO, including the Commonwealth and the Department of Community and Economic Development. 6. 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. 7. The remedies provided in this Note available to the ALO for the enforcement of the payment of the principal 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 ofthis 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. 3 IN WITNESS WHEREOF, intending to be legally bound hereby, the Maker has caused this Note to be duly executed, the day and year first above written. WITNESS: ~I'r'w (lcfL~lUi~?~ By: =~,. De . . Knaub / // ...-/ /~.,-".--~ ---un" 4 t p ~ "ig. - (; ....., \t:- .;:'.:::'> 0 ...Q c: ~~ 't- ~:..n -n C;) .-4 -,' V( (':' ...." -r1 -., \ nr:~'~ M - w \) \ :01~~ 11" en ;". :-' -J ,,-,(-, ~ ~.'-J -," ~ ..." ~ l/) c> ~ r .- l/: ,'::,1'(\ ~ ~ 1- (;>-"! ~ OJ ...c ~ CAl'LTAId'..EGJ;QI'L _ ~-'~9~()!m;: n __ _ __ __ __ _ __ -DEVELOPMENT _.cOJ31'.QM 'l'):9_N_,_ ____ _ ___ ___ __ (J I ~. P. VS_ n!<.m'tJJl. __E:j\[_~~RR.~_~?}~?_~n~.l'.<;_'_ ~_ _~_~~_____ In the Court of Common Pleas of Cumberland County, Pennsylvania Judgment in favor of Plaintiff on _.c9J!f~g_l?i9JLgt A. __IlE]qllIECIK11AUJB_____________________K________ J-Ir:...{'-r __<I1l_~~~~_t__________________ for ~61.,_(;W8 . 4'\' No_ _2.Q.9_~::-5255 --------n----X~~~}l*---- Entered __Q_C;.t~l:>~!"__?_'n~9_()_5.____h___ 1RX____ __ _ Capi;ta-l--Jl,egiQIL _Ec.onomi.c _ J)~Yf'; :!..QI<JIt~!)_t _ _CQ!'P-9J; <:rJ;;J-_Qn __ __ _ _ __ ___ _ __ _ _ ___ __ _ Plaintiff in the abo\":: Judgment, do appco.r and acknO\.vledge that it has this day ha....e had and received and from _ _Knaub. _ .En.t aL'kU" is.e s_~ _ _Inc~ # _ _and. _ D_enui s. _l\.ua uP. _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ the de::~ndan'Sin the above ]udgm'.:'f!.t, full payment and :.aisfaction of t~c s~r,le. with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, i t di~~reby authorize and empower _______h___CUl:t_Lang.________h___u____________ ____________________ theProthonotary of said Court, to appear _____K<.?~___~Q...i9__9_Q~pgr3!.t.~2~_________ and in its name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as it could were it personally present in person to do so, And for so doing this shall be your sufficient warrant of authority. i t ~:>>ereunto ,,!t~~ han~ and seal~this ________::c~~~_______________________ In testimony whereof) State of Pennsylvania County .It_~~w, } Personally appeared before me, t.~e subscriber, ______fL_N.Q~9~y__!'__gQ."big_________________n_____________ ___ __ _ _ _ _ __ _ _ -_ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _l IN b&_ _ _ _~:C_ (. _tcs..tl_ eN , ---------------------------------------- --------------------------------------------------------------------------------~------- _a_dul.y__auj;.b.Qr.iz.ed_Qf.f:!._GJ-_,,1_9.fnsu:gLI9.I_____________________________ the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg- ment set forth, to be i tsact and deed, and de5ir~d that th>': S:u.:'1C shall be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County. day of In testimony whereof, I have hereunto set my hand and seal this ____hh_21h.___________________________ --------- -~~~~---~--~----_---- (Seal) ____________llJ:lI:iJl__________ _____ NOTARIAL SEAL DANiEl P MAURER Notary Public HARRISBURG CITY, DAUPHIN COUNTY My Commission Ex.pires Jul 20, 2008 _ _ _ _ _ __ _ _ __ t<2 ~_~ !-"-'L_l?~l? _~~_c: _ ___ ____ _ _ _____ L, ') :;:;.. , , r-,', .-"' ~ ~ n n :z ;;- 2 0 ;J; " C- ;J; ~ 'U q 't:! 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