The URL can be used to link to this page

Home My WebLink About94-07072 """~0:i.i'~';M';;',/.~O&' GII-ROY ..'. H~L~;:~'.:"...'~"!1[1~'$1Jj~~fl$E.: "~~,,;' ;;;;'0":f1R;'f;;;~;~~~~~17~_i1Ei;j~~;i7i;Y;1:~)'~v~Q;~11iii, CAPITAL REGION ECONOMIC I IN THE COURT OF COMMON PLEAS OF DEVELOPMENT CORPORATION, I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I I 94- '70 7 J.. TERM CIVIL v I I CIVIL ACTION - LAW JOHN H. RHINE and PATRICIA I RHINE, I CONFESSION FOR JUDGMENT Defendants I CONFESSION OF JUDGMENT - MONEY Pursuant to the authority contained in the warrant of attorney, the original or copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against the Defendants as follows I TOTAL $11,830.63 $ 394.32 $ 265.78 $ 45.50 $ 500.00 $13,036.23 Principal Interest to December I, 1994 Penalties Costs Attorney's fees Plus costs, and interest on any outstanding principal balance from December 1, 1994, at the rate of five per cent (5%) per annum, and a late charge of twelve and one-half ~cent (12.5%) per annum on any such overdue monthly installm9nt d~on or after December 1, 1994, as authorized in the at/~~~ ,i~~~_,r-. lchristoPher . Houston, Esquire Attorney for Plaintiff Broujos, Gilroy & Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Datel 11..//(7/tjl/ CAPITAL REGION ECONOMIC . IN THE COURT OF COMMON PLEAS OF . DEVELOPMENT CORPORATION, I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I I 94- TERM CIVIL v I I CIVIL ACTION - LAW JOHN H. RHINE and PATRICIA I RHINE, I CONFESSION FOR JUDGMENT Defendants I COMPLAINT FOR CONFBSSION or JUDGMEn' AND NOW, comes the Plaintiff, Capital Region Economic Development Corporation, by and through their attorneys, Broujos, Gilroy & Houston, P.C., who file this Complaint pursuant to Pa.R.C.P. 2951(b) for a judgment by confession and avers as follows I I The Plaintiff is Capital Region Economic Development Corporation, an industrial development corporation, with its principal place of business being located at 214 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. 2 The Defendants are John H. Rhine and Patricia Rhine, adult individuals, currently residing at 11 Park Circle, Middletown, Dauphin County, Pennsylvania. 3 Attached hersto and marked as Exhibit A and incorporated herein by reference is a photostatic copy of a Guaranty and Surety Agreement dated March 5, 1992, executed by the Defendants, said copy being a true and correct reproduction of the original. 4 The attached instrument has not been assigned. 5 Judgment has not been entered on the attached instrument in any jurisdiction. 6 On the attached instrument, tho Defendant are guarantors on a loan made by Plaintiff on behalf of the Department of Commerce Commonwealth of Pennsylvania to Rhine & Associates Printing, Inc. (hereinafter "Rhine and Associates"). 7 Rhine & Associates is in default under its loan obligation to the Plaintiff. 8 The Defendants herein are guarantors to the Plaintiff for the prompt payment of the loan obligation of Rhine & Associates, together with all interest, costs, fees and charges relating thereto, as more particularly sot forth in the attached instrument. 9 Rhine & Associates is in default under the loan obligation with the Plaintiff and the Defendants hereto have been advised of the loan delinquency of Rhine & Associates and of the failure of said corporation to make payments when due and Paragraph 2 of the attached instrument provides that if any amount due to Plaintiff under the loan obligation between Plaintiff and Rhine & Associates shall remain unpaid, then the Defendants hereto grant a warrant of attorney to confess judgment against the Defendants 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, and by virtue of the foregoing, Defendants are indebted to the Plaintiff as follows I TOTAL $11,830.63 $ 394.32 $ 265.78 $ 45.50 $ 500.00 $13,036.23 Principal Interest to December I, 1994 Penalties Costs Attorney's fees 10 By reaeon of Rhhine & Associates's default and pursuant to the language in the attached guaranty instrument, the Defendants have authorized and granted a warrant of attorney to confess judgment against the Defendants for the total sums due and owing to Plaintiff. WHEREFORE, Plaintiffs demand judgment in the sum of Thirteen Thousand Thirty-Six and 23/100 Dollars ($13,036.23), plus costs, and interest on any outstanding principal balance from December 1, 1994, at the rate of five per cent (5%) per annum, and a late charge of twelve and one-half per cent (12.5%) per annum on any EXHIBIT "F" GUARANTY AND SURETY AGREEMENT WHEREAS, RHINE AND ASSOCIATES PRINTING, INC., a corporation organized and existing under and by virtue of the laws of the Commonwealth of pennsylvania and qualified to do business in the Commonwealth of Pennsylvania (the "Borrower") has made application (t he "Application" ) to CAPITOL REGION ECONOMIC DEVELOPMENT CORPORATION, a Pennsylvania nonprofit corporation with an address at suite 605, 214 Senate Avenue, Camp Hill, Pennsylvania (the "ALO") for a loan in the principal amount of $33,782.00 (the "Loan") from the pennsylvania Capital Loan Fund; and, WHEREAS, the Loan, together with interest thereon and cost and expenses relating thereto, is to be evidences by a Note from the Borrower to the Local Sponsor dated ~...^J\.), 1992 (the "Note"), and secured by a Security Agreement and Financing Statement (s) in favor of the Local Sponsor (respectively, the "Security Agreement" and "Financing Statement(s)"), which shall constitute a second lien on certain machinery and equipment, other personal property, to be located at Mulberry & Crescent Streets in Harrisburg, Dauphin County, Pennsylvania (the "Premises") upon which the Borrower proposes to defray the cost of a project described in the Application (the "project") in connection with the business carried on at the Premises; and, WHEREAS, the ALO is willing to make the Loan to the Borrower in accordance with the terms of the Approval Letter of the Department, dated November 18, 1991, provided that John H. Rhine and patricia Rhine, husband and wife, (the "Guarantor") guarantees to the ALO and to the Department the prompt payment of the Note, together with all interest, costs, fees and charges relating thereto, as more specifically set forth in the Note, the Security Agreement, Financing Statement(s), and Loan Agreement between the Local Sponsor and the Borrower dated fW\ ..~..t-....:I, 1992. Receipt of copies of the Note, the Security Agreement, Financing Statement(s) and the Loan Agreement is hereby acknowledged by the Guarantor, and the terms and provisions of the Note, the Security Agreement, other security instruments, the Financing Statement(s)] and the Loan Agreement (hereinafter collectively referred to as the "Borrower's Agreements") are hereby approved by the Guarantor and incorporated herein by reference thereto. NOW, THEREFORE, in order to induce the ALO to make the Loan to the Borrower and to induce the Department to consent to the making of the Loan by the ALO to the Borrower, and for other good and valuable consideration, the receipt of which is heraby acknowledged, the Guarantor, for the Guarantor, and the Guarantor's 1 EXHIBIT I A succeoooro and 600igns, does hereby agree, as follows: 1. The Guarantor for the Guarantor and the Guarantors successors and aooigno, does hereby absolutely and unconditionally promise and guarantee to the ALO, and the ALO's successors and aosigno, tho 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 ao the same ohall become due and payable or oubject to performance, whether at maturity, by acceleration or otherwise according to the terms thereof. The Guarantor does hereby agree that neither an assignment nor sale of the project shall affect the obligations assumed and guaranteed by the Guarantor, which shall continue with the same force and effect as if an assignment or sale had not been made; and further that recourse may be made to the Guarantor ~pon this Guaranty without any requirement that the ALO proceed first against the Borrower, the project, the Premises or any other collateral securing the Loan, if any, or any other entity having liability with respect thereto, before proceeding to collect ouch oumo or demand such performance from the Guarantor. The Guarantor hereby acknowledges and agrees that any change or alteration in any of all of the Borrower's Agreements shall not discharge the obligations of the Guarantor hereunder, which shall be absolute until all claims of the ALO or against Borrower arising out of all and any of Borrower's Agreements have been paid, settled, discharged and satisfied in full. The Guarantor further agrees to secure the Guarantee herein by a second mortgage on their peroonal residence located at II Park Circle, Middletown, Dauphin County, Pennsylvania. 2. IF ANY AMOUNT DUE THAT ALO UNDER THE NOTE, THE SECURITY AGREEMENT OR THE LOAN AGREEMENT SHALL REMAIN 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 COMMERCE, 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 OrERATION OF SUCH JUDGMENT, HEREBY RATIFYING AND CONFIRMING ALL THAT SAID ATTORNEY MAY DO BE 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 TH I S GUARANTY AGREEMENT IN LIEU OF ORIGINALS THEREOF. 2 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 (I) 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 COMMERCE PRIOR TO THE ENTRY OF JUDGMENT, (2) THE ENTRY OF JUDGMENT MAY RESULT I~ 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. 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. 3. This Guaranty shall inure to the benefit of the ALO and the ALO's successors and assigns, and shall be interpreted and construed as a contra~t of suretyship in accordance with the laws of the Commonwealth of Pennsylvania, and shall be binding upon the Guarantor, and Guarantor's successors and assigns. 4. 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 ALO's successors and assigns, in connection with all action taken to enforce collection under this Guaranty or any of all of the Borrower's Agreements "pon default by the Borrower and the Guarantor, whether by legal proceedings or otherwise, including reasonable attorney's fees and court costs. 5. The Guarantor does hereby aver that Guarantor has examined the Note, Security Agreement, Financing Statement(s) and Loan Agreement and agrees that whatever right, title and interest Guarantor's successors and assigns may have in and to the Project shall be, and the same is hereby made, subject and subordinate to the security interest of Security Agreement and the Financing Statement(s) . 6. 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: (a) If to the Local Sponser: Suite 605 214 Senate Avenue Camp Hill, Pennsylvania 17011 Attention: 3 cc: Commonwealth of Pennsylvania Department of Commerce 433 Forum Building Harrisburg, Pennsylvania 17120 Attention: Administrator, Capital Loan Fund (b) If to the Guarantor: 11 Park Circle Middletown, PA 17057 Attention: John H. Rhine Notice shall be effective upon delivery if delivered in person or on the second business day following mailing if mailed. 7 . The liability of the Guarantor under this Guaranty is absolute and unconditional, without regard to the liability of any other person, and shall not in any manner be affected by reason of any action taken or not taken by the ALa, which action or inaction is herein consented and agreed to, nor by the partial or complete unenforceability or invalidity of 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 shall prejudice the ALa's right to enforce such satisfaction. All of the rights and remedies of the ALa shall be cumulative and any failure of the ALa to exercise any right hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any time, and from time to time, thereafter. 8. This Guaranty shall be a continuing one and shall be binding upon the Guarantor regardless of how long before or after the date hereof any of the obligations guaranteed hereunder were or are incurred. 9. The Guarantor agrees that this Guaranty shall be governed by the substantive law of the Commonwealth of Pennsylvania, without regard to principles of conflicts of laws. 10. The Guarantor hereby: (a) Assents to all terms and agreements heretofore or hereafter made by the Borrower with the ALOi (b) Consents that the ALa may (i) Exchange, release or surrender to the Borrower or to any guarantor, pledgor, or grantor any collateral, or waive, 4 release or subordinate any security interest, in whole or in part, now or hereafter held as security for any of the obligations guaranteed hereunderi (ii) Waive or delay the exercise of anY' of the rights or remedies of the ALO against the Borrower or any other person or entity, including, without limitation, the Guarantori (iii) Release the Borrower or any other person or entitYi (iv) Renew, extend, or modify the terms of any of the obligations guaranteed hereunder or any instrument or agreement evidencing the samei and (v) Apply payments by the Borrower, the Guarantor, or any other person or entity, to any of the obligations guaranteed hereunderi and . (c) 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 intention to act, or the action, by the ALa, 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 (iv) The obtaining or release of any guaranty or surety agreement (in 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. 11. This Guaranty is intended to take effect as a document under seal. 12. This Guaranty shall be effective from the date hereof until the earlier to occur of (i) the date twenty years from the date hereof; and (ii) payment in full of all amounts due under the Loan. 5 [1 -{ .,. 11.. <>; '!: 1/..' . -::r ~ Q !:! r.n - I) 0 i ..~ l[l " 0 3:" ,~") cr If) 0 @ ,"q 00 :t" ~ .. ,g 0 oi - n 'oJ C") ~ -;p ":Il '-' '''' ~ c:.:: &;,-.:.:J