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Home My WebLink About95-04347 (") ,l) (') c; ~ 'II ," - I .T)i.....! " . . rl,-) i ;.J il~J .. 'I ..' I IOl , CJ I L...~I ,1.:, ',I... .~f..1 , :fj (' ~, , 1'-- .(~) . , r:? ';1"1'1 J"i , ',-.1 , 'I ~- , ::.! '.n , '" :..1. ..... \... \:to ~ ...... \ 0<> ~ ~ .... - ""... "'.- ;'!"'~'''I' UI'l;.'l,.I. oCo) ..t.... r ~O'~..; ... -r I.." I 0' r.;.. "1;/) ::;.: ~:~ lo;}.,~ , .1,JI. :: '. '.Ul,t .,2 ;> :0 l',,;' ~ "-.;--0 ;0 V') -.;:,. '<:.....l t ....s. "() "-' ~~ ,<o.l '\(') 1 .!\n --- ~, ...... \' .u ~) :$ ..., II IE: =: (t'l. - .I .~' \~ ~ ....:::$ '..::l '-' '..I ~.:.~ "...... , . MaHllKS, WALLACE. NU"ICIC 100 ..N. .'11I'11'1 .. o. ... ..,. HARtI,..U... ,,, "10. -.. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FLUORESCENT SUPPLY CO. Plaintiff CIVIL DIVISION - LAW v. No. , 1995 JOSEPH L. RUTH, FRANCES L. RUTH, and J. L. RUTH ELECTRIC, INC. Defendants In Confession of Judgment COMPLAINT 1. Plaintiff is FLUORESCENT SUPPLY CO., a Pennsylvania corporation, having a principal place of business at 3940 Chamber Hill Road, Harrisburg, Pennsylvania 17111. 2. Defendants are as follows: A. JOSEPH L. RUTH and FRANCES L. RUTH, his wife, individuals, who reside at 28 East Locust Street, Mechanicsburg, pennsylvania, 17055 B. J. L. RUTH ELECTRIC, INC., a Pennsylvania corporation, having a principal place of business at 5236 East Trindle Road, Mechanicsburg, Pennsylvania 17055 3. On or about June 19, 1995, Defendants executed and delivered to Plaintiff a certain Note, a true and correct reproduction of the original of which is attached hereto and marked Exhibit "A." 4. Plaintiff, at all times, has been the owner and holder of the Note and the Note has not been the subject of an assignment. 5. A judgment has not been entered on the Note in any jurisdiction. 6. An itemized computation of the amount due on the Note is as follows: A. B. C. Principal amount due - $64,670.11 Interest from July 21 to August 4, 1995 at 9.75%, $263.53 Five percent (5%) for reasonable attorneys fees $3,243.51 TOTAL AMOUNT DUE $66,377.15 7. The Note was executed and delivered to Plaintiff by Defendants in connection with a commercial transaction and does not involve a consumer transaction. 6. The individual Defendants, JOSEPH L. RUTH and FRANCES L. RUTH, his wife, are adult individuals and are not in the military service of the United States or its allies and are not subject to the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 9. The conjugal income of the individual Defendants, said JOSEPH L. RUTH and FRANCES L. RUTH, his wife, exceeds $10,000. - 2 - WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $68,377.15. McNEES, WALLACE & NURICK By E~~~ Attorney or Pant Edward W. Rothman, Esquire Attorney 1.0. No. 07244 100 Pine StrP.et P. O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Dated: August I. , 1995 " 3 - r c HQIIj FOR VALUE RECEIVED, and intending to be legally bound hereby, J.L. Ruth Electric, Inc., a Pennsylvania Corporation (the "Corporation"), with an address at 5236 East Trindle Road, Mechanic.burg, Pennsylvania, and Joseph L. Ruth and Frances L. Ruth, his wife (the "Ruths"), with an address at 28 East Locust street, Mechanicsburg, Pennsylvania, jointly and severally, promise to pay to the order of Fluorescent supply Co., a Pennsylvania corporation ("the Obligee"), with an address at 3940 Chamber Hill Road, HarriSburg, Pennsylvania, its successors and assigns, the sum of $70,000.00 lawful money of the United States of America, together with interest on the unpaid principal balance thereof at the rate of one percent (1') per annum plus the Prime Rate, as defined hereinafter, which interest rate will change automatically from time to time effective as of. the effective date of each change in the Prime Rate. The "Prime Rate" is an annual percentage rate periodically chosl!ln and published by Dauphin Deposit Bank and Trust Company, ("Dauphin Deposit") at 213 Market street, Harrisburg, Pennsylvania, for certain non-consumer loans and is used strictly for convenience in estftblishing and referring to the interest rate term of this Note. Hereinafter the Corporation and the Ruths are jointly referred to .. the "Obligors". r r Intere.t shall be calculated based on the outstanding principal on the basis of a 360 day year, but shall be charged for the actual number of days elapsed. ThQ principal amount, together with interest, shdll be payable based on a 48 month amortization schedule. A copy of an initial amortization schedule is attached hereto and marked Exhibit "A". Obligors acknowledge that the interest rate charged in accordance with the provisions ot this Note will vary trom time to time depending upon the Prime Rate of Dauphin Deposit at any particular time. Obligee shall notity Obligors in writing of the prevailing Prime Rate which ~pplies to the payment next due by Obligors and the amount ot such payment no later than 5 days prior to the due date thereot as well as turnish Obligors with an adjusted and updated amortization schedule at that time. Obligors shall pay the principal and interest of the indebtedne.s evidenced hereby monthly month commencing on ~~ii;#r\.:+0111 1995. on the ~ day ot each Principal and intere.t shall be payable at the oft ice ot Obligee designated above, or at such other place as the holder of this Note may designate. In the event that the ^\~r day ot any month falls on a Sunday or legal holiday observed by the Federal Government ot the United State. ot America, the payment shall be made on the next bu.iness day tollowing the Sunday or legal holiday. - 2 - f- r Obligors may Inake prepayments of principal without penalty. However, any such prepayment of principal must be in a sum of at least $500.00. Any prepayments will be applied to the final balance due and payable under the terms of this Note and shall not relieve Obligors from making payments as such payments fall due hereunder until the total amount due and owing under this Note, both principal and interest, as adjusted by prepayments, if any, is paid in full. The indebtedness evidenced by this Note represents moneys due and owing Obligee by the Corporation, which moneys are past dua and owing. By virtue of tha execution and delivery of this Note to Obligee, and the Ruths becoming liable for the indebtedness as set forth herein, Obligee has, inter AliA, agreed to permit the indebtedness to be paid in the deferred manner provided for herein. OBLIQORS RIRIBY AUTRORIZE AND INPOWIR ANY ATTORNIY OW ANY COURT OW R.CORD IN THI COKMONWIALTH OW PINNSYLVANIA, AT AMY TINI, AND PRIOR TO AMY DIWAULT HIRIUNDIR, TO APPIAR rOR OBLIGORS IN ANY SUCH COURT, AND TRIRIIN TO CONrlSS JUDGHINT AGAINST OBLIGORS IN .AVOR OW OBLIQII OR ITS 8UCCI880RS AND ASSIGNS, WOR ALL SUNS DUI OR TO BICOMI DUI BY OBLIGORS TO OBLIGII UNDIR THIS NOTI, WITH COSTS OW SUIT, AND WITH rIVI PIRCINT (5%) ADDID A8 RIASONABLI ATTORMIYS .118, AND WOR DOING SO, THIS NOTI, OR A COPY VIRI.Iln BY ~.IDAVIT, SHALL 81 8UWWICIINT WARRANT. SUCR AUTHORITY AND - 3 - ("- ,- .0... 'HALL IfOT B. .XIlAU8TID BY AllY IXIRCI.. TBIRIor, AIID JUDGKlIfT NAY B. COKFI881D A8 AFORI8AID FROK TIKI TO TIKI AS OFT.. AlT.... I' OCCAlIOIf TRIR.rOR. Notwithstanding the foregoing, any judqment entered against the RuthR and/or the corporation by confession hereunder, shall be a lien solely against the premises described in Exhibit "A" attached hereto and which is known and numbered as 5236 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania, subject to the immediate subsequent paragraph having to do with defaults hereunder and the right of Obligee to obtain liens against other real estate of Obligors. A default shall occur hereunder, if Obligors fail to make a full payment of principal and interest on the due date thereof. In the event of a default hereunder, Obligors shall have a grace period ot 30 days (including non-business days) from the date of detault (the "Grace PeriOd") to cure the default. In the event of a detault which is not cured within the Grace period, the entir. balance of the principal Bum of this Note, together with interest accrued thereon, at the rate herein before provided, shall, at the option of Obligee, and without notice to Obligor., immediately become due and payable, and in such case, Obligee, may also recover all costs of suit and other expenses in connection therewith, incl'lding, a reasonable attorney.' te. tor collection. Furthermore, in the event of a default which i. not cured within the Grace Period, then at the expiration of 60 days - 4 - , " r r (inClUding non-business days) from the termination of the Grace Period, Obligee may, in addition to any other rights or remedies at law orin equity which Obligee may have against Obligors, do the following: (a) Obligee may cause a writ or writs of execution to be issued on any judgment or judqments entered by confession pursuant to the terms of this Note and, pursuant to Pennsylvania Rule of Civil Procedure 3014(a), or similar rule or statute, direct the Prothonotary of any court of record of Pennsylvania to index the writ of execution against the Ruths and/or the Corporation for the purpose of causing a lien to be affixed upon any real estate owned by the Ruths and/or the Corporation or in which either the Ruths and/or the Corporation have an interest in the particular county involved in addition to the property described on Exhibit "A" attached hereto. (b) Obligee may obtain a lien against any real estate owned by the Ruths and/or the Corporation, or in which either may have an intereat, and wherever located, by the - :s - r r utilization of any other legal procedure which may be available to cause any judgment or judgments entered by confession pursuant to the terms of this Note to become a lien against such property, and (c) Obligee may pursue any remedios, at law or in equity, to collect any remaining balance due hereon, both principal, interest, costs, and reasonable attorneys' fees, from property ot the Ruths and/or the corporation, jointly, or seve~ally owned, whether such property be real property, personal property, or mixed property. The remedies of Obligee hereunder are cumulative. Obligors jointly and severally waive presentment for payment, demand, notice of nonpayment, and each agree that the liability ot each of them shall be unconditional without regard to the liability of any other party, and shall not in any manner be atfected by any indulgence, extension ot time, renewal, waiver or moditication granted or consented to by Obligee; each Obligor consents to any and all - 6 - r r extensions ot time, renewals, waivers or modifications that may be granted by Obligee with respect to the payment or other provisions ot this Note and to the release ot any property now or hereatter securing this Note without substitution. Obligee shall not by any act ot omission or commission be deemed to have waived any ot its rights or remedies hereunder unless such waiver be in writing and signed by Obligee, and then only to the extent specifically set forth therein; a waiver on one event shall not be construed as a waiver ot such right or remedy on a subsequent event. This Note is being executed and delivered to Obligee in connection with commercial transaction and does not involve a consumer transaction. In the event a judgment is entered against Obligors pursuant to the terms and provisions ot this Note, interest shall continue to accrue on the principal obligation at the rate set torth heretotore - 7 - r r following the entry of any such judgment and until payment of the full amount due hereon. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceablility, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent that it is not prohibited or enforceable, nor invalidate the other provisions hereof, all of which shall be con.trued in favor of obligee in order to effect the provisions of this Note. IN WITNESS WHEREOF, obligors have executed this Note on the ;VtJ day of r-, 1995. ~~~/~,- . Witness: ~~ ~tt.<rBy&t~VrMIBDLl s.p . ut Witne.SI -1P ~ CJldttl ~,lJ!ueL- BY:~~"6:1 '01.\ France. L. Ruth - 8 - r .. ., ..--.. .k~pil L 'l'JIh and ~,", Lo.... "'''- P,'nclpll NU~o WIlII..'.....1 ,... 10010'1\ Ttnl\ (Velll' 4 PerIo<lI lilt' ~'~'I 12 rlvmcm Oiiliiiiliir'" 110. -.u.1 bof..lCO 1 Jill" 'a CIlO 00 a Augllt 104.17'-07 I 1oJ" 10),7<<1.11 4 Coo.. 1t.1IJO,1Cl I Noll" 11.~717 I DooM 4O,IOS.to 1 ....N It,I14,alj I '''11I 17,1'4114 . 1401" 01,'41.. 10 ~.. tI,!I<IO.ll 11 Mol. 01 SOlD " " ...... .,.10UJ II oM" IU77,17 '4 <IlIB" 1Cl,<<IU$ " lop 01 .,:IN. " Cot II 41,'21 it 17 t<ovDl o4U<U7 II Oo.N 41.U4 7. " olont7 oII,:nO." 10 '1Ilt7 ~,DGUO " Mol 07 41......12 a .t7 '10.112," a Illy 17 31.""" 24 .....'7 ,r,IolUO II . ""'11 :If,I."" to AotI7 ;U,~,'7 " lop" ~,S>>.I' " 01117 >>.1:11.21 II NoYI7 10,7:0.00 JIl 000t7 IUOI.O', II ""'.. 17,1'::: III ,... ll,.~, II "",.. "'''''''.to ... 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