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HomeMy WebLinkAbout00-08288 "'~ - _II i," ;" '~'''''~L . PROTHONOTARY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, P A 17013 CURTIS R. LONG, PROTHONOTARY TO: ARAFATMASWADEH individually and tla New York Deli 335-337 North West Street Carlisle, P A 17013 AMERICAN BUSINESS CREDIT, INC. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Plaintiff, v. No. OV- Y;)?? ~ I.u<- ARAFATMASWADEH individually and t!a New York Deli 335-337 North West Street Carlisle, P A 17013 Defendant. NOTICE Pursuant to Rule 236 ofthe Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above-captioned proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING TillS NOTICE, PLEASE CALL: ROBYN L. BROWN, ESQUIRE OR CAROLEE BERASI, ESQUIRE, at this telephone number: (610) 668-2440. CURTIS R. LONG PROTHONOTARY f:\shared\legal\forms\hotdocs\templates\complaintsdraft.dot 1 'I i I, 'aird,' AMERICAN BUSINESS CREDIT, INC. By: Robyn L. Brown, Esquire - Attorney ill No. 74894 Carolee Berasi, Esquire - Attorney ill No. 53426 III Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 Telecopy TillS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff AMERICAN BUSINESS CREDIT, INC. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Plaintiff, v. No. ClV- F'.;tH' ~ I~ ARAFATMASWADEH individually and tla New York Deli 335-337 North West Street Carlisle,PA 17013 Defendant. COMPLAINT IN CONFESSION OF JUDGMENT UNDER Pa.R.C.P. 2951 I. Plaintiff is American Business Credit, Inc. ("ABC"), a Pennsylvania corporation with its principal place of business at Bala Pointe Office Centre, III Presidential Boulevard, Suite 103, Bala Cynwyd, P A 19004. 2. Defendant Arafat Maswadeh individually and tla New York Deli is an adult individual with an address last known to Plaintiff to be 335-337 North West Street, Carlisle, P A 17013. 3. On August 3, 1999, in consideration of an extension of credit in the original principal sum of $28,000.00 from ABC to the Defendant, the Defendant executed and delivered to ABC a Promissory Note dated August 3, 1999 (the "Note"), evidencing the Defendant's I I' ""'-"";" indebtedness to ABC (the "Obligation"). A true and correct copy of the Note is attached hereto as Exhibit "A". 4. The Note under which judgment is being confessed has not been assigned by ABC. 5. This Complaint in Confession of Judgment is not being filed against a natural person in connection with a consumer credit transaction. 6. An Averment of Default is attached to this Complaint as Exhibit "B". 7. The amount due under the Note is the sum of $47,003.03, as set forth in more detail in Paragraph 8 below. 2 I, ~~ II ~, 8. Judgment has not been entered against the Defendant in any jurisdiction for the amount demanded, which amount is calculated as follows: Outstanding Principal Balance $27,870.23 Unpaid Contract Rate Interest to 7/18/00 (per diem interest of$12.38 at 15.99%) 1,187.52 Unpaid Contract Default Rate Interest from 7/19/00 to 11/10/00 (Per diem interest of$18.58 at 24.00%) 2,136.70 Late Charges 986.58 NSF Fees 100.00 Legal Costs 122.16 Default Fee 8,256.51 Other Fees Permitted Under Loan Documents 212.50 SUBTOTAL AMOUNT DUE $40,872.20 Attorneys' Fees (15% of all sums due) 6.130.83 TOTAL AMOUNT DUE $47,003.03 9. Judgment against the Defendant is demanded as authorized in the Warrant of Attorney contained in the Note attached hereto as Exhibit "A". 10. The Warrant of Attorney contained in the Note is less than twenty years old. WHEREFORE, American Business Credit, Inc. demands judgment in its favor and against the Defendant in the sum of $47,003.03, together with interest thereon at the contractual post-default interest rate of 24.00 % per annum (at the per diem rate of $31.34) through the date of judgment, plus interest accruing thereon at the contractual post-default interest rate of24.00% 3 ,. "~,I : ~~ ~"~"'~~J; per annum from the date of judgment, as well as costs and all other sums collectible under the Note. CREDIT, C. Attorneys for Plaintiff American Business Credit, Inc. f: \shared\legal\forms\hotdocs\templates\complaintsdraft.dot 4 :~l1' ,~",II\IJJrIlII_T,r ~ ~ '~c'i '.'-\r , : / ~;' ;~I ,L..." '-.1; I[];. nn '- CUf'./,~"<~, :, : ''''''" I' ."_. ",- Y t'"I'''''''''/.:'''''/' ..., '\1,..', ,f"/l,'-\ ~~~~"",,w'W"'I'\"~~~~,.,,~ ~",,' _,_Ul ~",~,llRlltl'i~~":"iW"F"';;'~l1"'j';"'''''~ "''''''i!t''!''~'''''''''!''''T<m'R~!!W'll~j\ftIl!l[~!t1~W/lf,ilJ\1!:.~~i;I!!~~.IlI!l3.". ,"~'~m!!~ Am~rican Rusmess L.i redit, Inc. DUPLICATE OF ORIGINAL American Business Credit, Inc. Bala Cynwyd, Pennsylvania 19004 LOAN ID 10866 PROMISSORY NOTE $28,000.00 .....-!;. August 3, 1999 FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the undersigned (each, jointly and severally, if more than one person or entity, hereinafter referred to and obligated as "Debtor") promises to pay to the order of AMERICAN BUSINESS CREDIT, INC. (hereinafter "Lender") at Balapointe Office Centre, 111 Presidential Boulevard, Suite 215, Bala Cynwyd, Pennsylvania 19004, or at such other location as Lender may designate from time to time, with interest as set forth below, the principal sum of Twenty-Eight Thousand And 00/100 Dollars (528,000.00) to be paid as follows: Principal payments, together with interest calculated at a rate of 15.9900 "I., per annum, payable in One Hundred Nineteen (119) equal, consecutive monthly installments of 5 411.05 each, beginning on September 3, 1999, and continuing on the same day of each month thereafter, with a final, One Hundred Twentieth (120), installment of $17,314.84 Together with any unpaid principal, interest, costs, fees or other sums due hereunder accrued in connection herewith. . ' SECURITY INTEREST. As Sl..'Curity for thl!' prompt payment as ami when clue of all <1mounts owing- unuer thi.'i Note, incfuding any amcndmcn~, modification, refinancing, renewal. substitution or cxb.:nsion \hcn:of. to~'dh(!r with <l[J other exbtitlg and future u1lk'btedncss, H.:tbililk's .:tnd obligations of O..:btor to ~ndl.'r, whdhcr muturcd or unlllilturcu, ah:;olute or contingent. ditL"t or inuircct. sok', joint or several, of any nal.ure whnlsocver anu out of whatt,.'vcr triln.snction.'i nrising incluuing, without limit.:tHon, any ul:'bt, lidbiIity or obUgation owing from Debtor to others which Lenl1t:r may obta.in by .\.,>sigt'lffient or ol.h~rw~ (hereinafter co!kctivcty rL'fem..J to 015 the "Obli~;iltim)S"). in .:tJdition to <:lny other !iecurily instrument, .1t;reen1Cnt or dOCtlUlent l~rantjnr Lender any ri!.hts in any of Debtor'~ property fnr the purposl.' of SL'1.:\Jrtnl' tl"\e Oblibalion5" D..:otor hereby gr<<nts to render a lil..'n on and St.'Cunty intert.-st in and to an property of Dl..'6tor which at any time lender sh<lU have in its p05..,es.'~ion, or which is in trnn....,it to it induJin~y without limitation. any bal...ru::e or ~hML' bcl(ln~jn~ to Debtor ()f any tkpo5it, al~t:ncy, trust, escrow or other account or account,.; with Lenu..:r, anu any other amounts which m<:lY be owing from fun~ to timl.! by Le:nd~r to Oebtor. Sili<.l tien and SL"CUrity interest shall be inclepenur.!nt of any right of set-off which ~nJcr may have. Any right or set-off in favor of u...nuer, if exercised, shull be ueamcu to have been excrClsLoU at thl.! time Lender first rL'Stricts access of Debtor to proper~ in Lcndds posst"ssion, notwtthst.muing thiilt such set-off moly be entcrLod upon Lentl.er's books anti. rL'Coros at a li.lter time. DISBURSEMENT OF PROCEEDS - Eilch Debtor hereby repre~nts anJ warran.ts to Lender th;.1t thl.! proceeds of this Note will be used solely for business or conun~rci;]( purposcs and at7t-'\:'s th.:J.t any disbursemr.mt of the procL'CUs of this Note, or ;my portion thereof, to any on~ or more Debtor shilll be conclusively lkemcl1 to constitute disbursement of such procecds to and [or the benefit of c4lch and evary Debtor. PREPAYMENTS - This Note may not be prcp<liu in part at any time without the prior written consent of wndcr. This Note n1ay not be prepaid in full at any time u.nlc..;s such full prepayment is accompanieu oy a prepayment fee e-qual to the total amount of inten>-st (calculal.ed at U1C rate of interest set forU, .abow in this Note) which would be payable by Debtor to Lender on the principal <<mount of this Note over the full term of this Note, multiplied Dy a fraction" the nUIm.'Tator of which is equal to the sum of thc nwn15cr of months from and irlduding the month in which the initial p.:J.yment is due through and including the month in which the 24th sd1.ooulcd payment is ilu~ or, if the prepayment occurs after the 24th scheduled payment the month in whicn such prepayment is actually received" and in eithcr Case the denominator of wflidi is equal to the sum of the: number of months in the full term of this Note (collectively caUed the ItSum-of~the-Monthsr~Digits Method") less U'tI~ arnOW'lt of any inten.>st paid by the Debtor to the Lender prior to the prepayment date computed pursuant to the: actuarial method. if this Note is payable in installri\ents, any permitted partial prepayment(s) shall be applied on accoWlt of the installment(s) payable nert..'U!'lder in the inverse order of their maturity (last instaUment due credited first) and the number of itlstallmt.'I\ts hereunder shall be correspondingly reduced" but no such prepayment shall reduce the amount of Ute schedu100 installment(s) on eaCh installment payment date until the entire principal amount hereof" together with all interest due thereon, has been paid in full. RIGI'IT TO COMPLETE NOTE ~ Lend.:r nldy at ;:my time and from time to time. without notice to iU'ly Obligor ("Obligor". 01.'> used herein" sh,JU include Debtor and ;tU other persons liabk ci1hL'r so[dy. jointly or 5t..'Vcmlly. absolutl..'ly or conling..:ntly" on the OL>Ug.1tinns, indudint I..'nuorscrs, suretit..'S <<nU gUi.1riln\ors): (1) d."\!c thi.... Note i1S l"f \he ui1te whcn the ioon cvidenccu here-by W<tS m<lc.lc; (2) complete any blank sFLlces accoruin~ to the tcnns upon which Lender h.1S ~?r<tnted sudilo.m; ant (3) cause Uu~ slgn.1ture of onc or morc pt:rsOf\.'i to bc <l\.ll.kd .;'1!i <10 <t1.h.iition."\l ~btor or Obligor without in any way affL'Cting or limiting the li.:lbHity of the exBtin~ Obtigm to Lender. tATE PAYMENTS - If ~n)' p'\J1"I"Ient of prindp"t iiltlr.tjor intc~st i'i not rL'CciveJ in full by L\-'ndl.'r Within Fiftr..>cn UdYS of thr..' dut; d.1t~ therL'Of, there sh..,U be immediatc1y addt:d to the Obligations a kite chMge L'I.J:1,.1ill to ten {10%) f'llrcent \If thl..' "-mount p"-st dul..'~ Fo. e....ch unu ~vcry month that such p.1ymL'n~ of principal and/or interest is not nl.1uC', an aJuttion.11late chargL' t..'c.[utll to ten (10%) pcrccnt of such principal and/ or intcrcstJast due shall be aud~d to the Oblig<"\tiortS until such p.J.st Ju~ amount is pat in full. Int\!r\!st at the tnteof in~L'rcst.set forth in this Note sM<l1J <1ccrucanu is payable on ci:lch late ch.ugc from the d.1te any such late charge initially bt.-comes due until such lutl.! chaq~e is ?aiJ. in fUlL AU l..te charges arl! immcutatety du~ and p<<Y4lblc without notice ()( dem.1nd. Any paymcnts of princip.al and/or Interest received by, Lenllt.'r .1Her 3:00 p.m. on any business day, or rr..'CciVl.'(} on .1ny day which is not.a businL':Ss d<<y for untier, shall ~ clc.c.mc.c1 to have been rt..'Ceived by LcI1ucr on the. next buslnt:ss day. In the event that Debtor fails to pay any tate ch<trge(s) uue hereunder on or before the 'thud monthly <lnniver.sary of the Jilte such l.ltc chclrge(s} first became due, Lender may. in il:s sole and .lbsolute uiscretion, tlt..>cl,1tc such failure to constitute an Event of Default hereunder, anJ thereupon Lender may exercise the rights available to it upon default. , EVENTS Of DEFAULT - Each of the foUowing shall be an ttEvent of Default" hereunder: (1) the nonpayment when dul.: o[ MY amount payable under Ulls Notl.' (except Ii.lte charges, to tht: exten~ hcrem providt..'li) or of any amOUJ1t when uuc unr..l~ or 011 <lIlY of the Obtiga.tions; (2) the fuilure of any Obligor to obserVe or perform any agrt.~mcnt of any nature wh<<~vcr with Lend!::!r; (3) if any OblilGor becomes insolvent or n"I<tkes an assiS!lment for the benefit of creditors, or if any petition is filed by or <lgninst any Obligor under any provision of any state or federal law alleging: that such Oblit?or is insolvent or UIUlble to pay debts as they mature or under any provision of the UnitL.u States Bankruptcy Code; \4) the entry of any judgment <lgilinst any Obligor which remains unsatisfie( for fifteen (15) days or the issuance of any aHadunent" levy" or garnishment against any property of any Obligor or the occurrence of any substanti.--u change in the financial condition of any Obligor which, in Ule sole" reasonable judgment of Lender, is materially adverse; (5) the dissolution, merger, consoUuation or reorganization of any Obligor which is a corporation partnership or oilier business entity wi\hout the prior written consent of Lender; (6) the death. inc:arceration or adjudication of legal incompetence of any Obligor who is a natural person; (7) if any ~ormation or signature heretofore or hereafl.er fumisbed to Lender or an}" Obligor in connection with any of the Obligations, or in connection with any ~aranty or surety agreement applicable to any of Ute Obligations, is materially false or incorrect; or (8) the faiIwe of any OJjligor to timefy fumish to Lender such financial and oU"\cr information as Lender may ABCt. Promi:nory N~a ISum 01 Months Olglt.$, OV~( $50,000 lInd Under $50.000, Sectl'Gd by Non.Ruldential Rllal P(o"erty .'" " ~ ~w .reflsonably request or require. lENDER'S RIGHTS UPON DEFAULT -lfan Event of Default shall occur .- hc~eWlder, ~d not t:>e cured within five (5) days following lh~ d~~,,:err of wnttcn Notice of Default by Lender to Debtor, the outstandmg pnnapal balance, together with the prepayment fee (calculated as provided above In this Note under the hcadirig Prepayments), and any late payments or other sums due to Lender from any Obligor, together with. interest accrued th~reon shall be inunediately due and payable without notice to any Obligor and shall accrue interest after the Event of Defaul~ at the lesser or. (1) interest rate of twenty-four (24%) percent per annum in lieu of the interest rate provided for above; qr (2) tne maximum amount perntitted by applicable law. In addition, uiitfft an Event of Default, Lender may: (1) exercise its right of set-off and all of the ri~ts, benefits, privileges and remedies of a secured partY. under the Pennsylvania Uniform Commercial Code (or under the laws of any other l'Urisdtction in which any collateral st.'CUri~ for the Obligations may be ceated), and all of its rights and remedies at law or in equity and under any security agreement, pledge agreement, mortgage, power, this Note or any other note, or any other agreement, instrument or document issued in connection with or arising out of any of the Obligation'> (the "Loan Documents") all which rights anu remedies shall be cumulative; and (2) pursuant to the Warrant of Attorney contained herein, CONFFSS JUDGMENT against Debtor. APPLICATION OF FUNDS - All sums realized by Lender on account of the Obligations, from whatever source received, snaIl be applied first to any f~s, costs and expenses (including attorneys' fees) incurred by Lender, St.'Cond to accrued and unpaid interest, next to late charges ami U,cn to principal, or in any other order that Lender may Jetemune. Debtor w.uvt.'S and releases any right to require Lender to collect any of the Obli~ations from any collateral under any theory of marshalling of assel:s or otherwise, and specifically authorizes Lender to apply any collateral in which Obligor has any right, title or interest agaimt any of tllc Obligatiol1S in any manner that Lender may determine. . WARRANT OF ATTORNEY TO CONFESS JUDGMENT - Deblor hereby irrevocably authorizes and empowers any attorney or anX clerk of artY. court of record, with or without the OCcurrence of any Event of Default, to appear for and CONFESS JUDGMENT ag.,inst Debtor. (1) for such sums as arc due and/or may b...'Come due on the ObligoltiOns and/or (2) in any action of replevin instituted by u.>nder to obtain possession of arlY coUateral st.'Curing this Note or st.'Curing any of the Obligations, in either case, with or without ut.'Clilration, with costs of suit, without stay ()( e":L"Cution <lnd with an amount, for lien priority purposcs, t.'qucll to fiftt.-cn p~rcent (15%1 of aU sums puyuble hereunder, but not less than One Thousand Do lars ($1,000.00) added for attorncys' colit.'ction fL.....S, with the "dual amount of attorneys' (L't."S to ~ gov~m~\ by th~ provisions set forth Ixlow, To the extent permitted by law, Debtor: (1) w<.,ives the right of inl.jui'iition on any reaf estate levied on, voluntarily condemns the S<:lme, il\.lthorizt.'S the prothonotary or derk of .my court to entcr upon the Writ of E;ct."Cution said voluntary condemni.ltion <lnd agrees that saki reall'State mOlY ~ sold on a Writ of EXL'C~tion; (2) waivL'S and rclei.\scs all reli~f fn.ml ail appraisement, stay, exemftion or appealli.lws of any state now U1 force or hercaft~r cnacted; ~~d (3 rel~ase~ all errors in such proct.'Cdings, If a copy of thIS Note, verified by afftdavit by or on behalf of Lender s,hall have bl,.-cn filed in such action, it shall not be nccess.1ry to file the origmal Note as a Warrant of Attorney. The authority and power to appear for and CONFESS JUDGMENT against Debtor sha~ not Ele exh,austeu ~y the initial e)(ercisc thereof, and the same may be exerosed, from time to time, as often as Lcnd~r shall deem nt.'Ccssary and desirable, and this No~e shall be. a sufficient Warrant therefor. Lender may confess one or more Judgments In the S<UtlC or diHer~nt jurisdictions for aU or an~ part of the Ob1igations, without regard to whether judh'TIlent has theretofore been entered on morc than one occasion for the same Obligations. In the event any judgment entered against Debtor hereunder is strickt.'Il or opened upon application by or on Debtor's behaU for any fli:aSOn whatsoever, Lenuer is hereby authorized and empowered to agtlin appear for and CONFESS JUDGMENT against Debtor for all or any p'art of the Obligations; subject, however, to the limitation that such subsequent entry or entries of judgment by Lemler following any proceeding to open or s'nikl:': may only be done to cure any errors or aefccts in such pri<?r proct.'Cding~ and only to the extent that suCh errors or dcfl."cts arc subJL'Ct to cure III such Liter proceedings. INTEREST ACCRUAL - Interest shall be calculated hereunder for the actual number of days that the principal balance or any other sums due to Lender from any Obligor is outstanding, based on a year of three hundred sixty (360) days unIt.'SS otherwise specified. Interest shall continue to accrue on the princip.al balance hereof ~d on any ,!~er ~ums. due to Lender from any 06ligor at the rate of mterest specified m this Note, notwi.thstanding any demand for payment, acceleration andf or the en~ of any' jud~ent against aIlY Obligor, until all principal owing hereunder i5 paid mlii1l ....nORNE"t'S' FEES AND COSTS - In the event that !.ender ""gag'" an attorney to represent it in connection with: (1) any allegL-d de~ult l:iy any Obligor under any of the Loan Documents issued in connection WI~ or arising out of the Obligations; (2) the enforcement of any of len~er's riJWts and remedies under any of the t..oan Documents; (3) any potef\tial anJ/ or actual bankruptcy or other insolvency proceedings conunenct.>d by or "'""~ - against any Obligor; and/or t-t) any potential and/ or actual litigation arising out of or related to any of the foregoing. the Loan Dq:uments or any of the Obligations, then Debtor shall be liable to and shall reimburse Lender, on demand, for all attorneys' fees. costs and expenses incurred by Lenuer in connection with any of the foregoing. Debtor shall also be liable and sh.illl reimburse Lender, on demand, Tor all other costs and expt.-nses (including attorneys' ft.>es) incurred by Lender in connection with the collt.'Ction, pn.'SCrvation and/or liquidation of any collateral security {or any of the Obligations and/or in the enforcement of any Obligor's obligations hereunder and/or under any of the Loan Documents. RIITURNED PAYMENT CHARGE -In the event that Debtor makes a payment under this Note by check, negoti.ilble instrument or other means anu such payment is returned to Lenller unpaid, Debtor agrees to pay Lender an NSF charge in an amount equal to the lesser of ffie maximum amount permitted by law or the Lendel" s then existing charge. . MISCELLANEOUS/ADMINISTRATIVE CHARGES -Except as may otherwise be limited by applicable law, Debtor agrees to pay any miscellaneous andf or AdmliUs1:ra1:ive charges imposed by lender in connection with: (l) Lender having to take any action that results from Debtor's failure to hilly comply with the tenns ana conditions of this Note or any of the Loan Documents; and (2) the release or satisfaction of any mortgage, assignment of leases, financing statement and/or other document appearing on lile public record which in any pay relates to Debtor, any Oliligor and/or the Obligations. MISCELLANEOUS - Debtor hereby waives Jrotest, notice of protest, presentment, dishonor, notice of dishonor an uemand. To the extent permiut.>J by law, Debtor hereby waives and releast.'S all errors, defects and lmperft.'Ctions in any proceedings instituted by Lender under the terms of thiS Note. The rights and privileges of Lender under this Note shall inure to the benefit of its successors and assih'llS_ All representations, warranties ami ag:rt.'Cments of Debtor made in connL'Ction with U,is Note shall bind ~btor's personal representatives, heirs, successors and .ilssigns. If any provision of this Note shall for any reason be held to be invalid or unenforceable, such invalidity or unt.'Ilforceability shall not aflL'Ct any other provision herL'Of, but this Note shall be construed as if such invalid or enforceable provision had never been contained herein.. The waiver of any Event of Default or the f.tHure of Lender to exercise any right or remedy to which it mc1Y be entitled shall not Ix: deemed to be a waiver of any subsc~luent Event of Default or of Lender's rig~_t to exercise that or any other right or remcdy to which Lender is entitlt.>J.The rights and remedies of Lenuer under thb; Note and \he Loan Documents sholll 6c in .ilddition to any' other rights and rcmedit.'S available to Lcnuer at law or in t.'quity, all of which may be cxercised singly or concurrently. This Note has lx'Cn delivered to and accepted. by Lcnl.fer in and shaH be govemc~\ by the laws of the Common.....ei.lhh of Pennsylvania. The parties alirt.'C to the exclusive jurisdiction of the fedeml and stolte courl'i located in Penn"ylv<1nia in connt.'Ction with any matter arising hereunder, including the colh.'Ction and enforccment hereof, except as the Lender may otherwise elect. OTHER- ABel- Promissory No!o 15um of Months Dlgi!S, Over $50.000 and Under $50.000. Secured by Non.Reslden[l\l1 Real Property ,. ,. .L . IN WITNESS WHEREOF, the Debtor has hereunto set his hand and seal the day and year tirst written. This instrument is intended to constitute an instrument under seal. ~""!fa ~J;A.fojl~A. rL.s.1 Aratat Maswadeh, In .vidual and Proprietor tla New York Deli A:Cl. Promissory Note (Sum or Months Olglls, Over $50,000 and Under '50,000. Secured by Non-Residential Real Property ~-"'"' ~ , -I, 1,1 . J l" < "( ~' AMERICAN BUSINESS CREDIT, INe. By: Robyn L. Brown, Esquire - Attorney ID No, 74894 Carolee Berasi, Esquire - Attorney ID No, 53426 111 Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 Telecopy THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED, Attorneys for Plaintiff AMERICAN BUSINESS CREDIT, INe. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DNISION Plaintiff, v. No. ARAFATMASWADEH individually and t/a New York Deli 335-337 North West Street Carlisle, P A 17013 Defendant. AVERMENT OF DEFAULT Commonwealth of Pennsylvania ss County of Montgomery SUSAN B. NAFTULIN, being fust duly sworn upon her oath according to law, deposes and says that she is the Vice President - Legal Affairs of American Business Credit, Inc. ("ABC"); that she is authorized to make this Averment on behalf of ABC; that Defendant Arafat Maswadeh executed and delivered to ABC a Promissory Note dated August 3, 1999 in the original principal amount of$28,000.00 (the "Note"). Deponent further avers that the sum of $47,003.03 is due and owing under the Note, as set forth below: 1 - " ~ , I' ~i ~ Outstanding Principal Balarice $27,870.23 Unpaid Contract Rate Interest to 7/18/00 (Per diem interest of$12.38 at 15.99%) 1,187.52 Unpaid Contract Default Rate Interest from 7/19/00 to 11/1 0/00 (Per diem interest of$18.58 at 24.00%) 2,136.70 Late Charges 986.58 NSF Fees 100.00 Legal Costs 122.16 Default Fee 8,256.51 Other Fees Permitted Under Loan Documents 212.50 SUBTOTAL AMOUNT DUE $40,872.20 Attorneys' Fees (15% of all sums due) 6.130.83 TOTAL AMOUNT DUE $47,003.03 2- .' SUSk~.N~ \jibe President - Legal Mfairs ,AMERICAN BUSINESS CREDIT, INC. Sworn to and subscribed before me this do day of tloJ~fI1!3efL ,2000. ~rvJ~ (l~ Notary Public f:\sharedllegal\forms\hotdocsltemplateslcomplaintsdraft.dot '--_..-~'---I Notarial Seal K,-:' _,I ~'''inCal'lbe''g Nni"4f\' ':.It -'1',,.. ~~..~~L,':~:21i~H.~~~1:~~:[t~:~~t i ,.,'3mt;:;;r.:: ~:,;",:, i"':;'(.J~'. ;" ';/ -;:.d.G,l otNotarie.s . 2 ,I, Ii ;~,( , AMERICAN BUSJNESS CREDIT, INC. By: Robyn L. Brown, Esquire - Attorney ill No. 74894 Carolee Berasi, Esquire - Attorney ill No. 53426 III Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 Telecopy THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff AMERICAN BUSJNESS CREDIT, INC. Bala Pointe Office Centre 111 Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Plaintiff, v. No. ARAF AT MASW ADER individually and tla New York Deli 335-337 North West Street Carlisle, P A 17013 Defendant. AVERMENT OF DEFAULT Commonwealth of pennsylvania ss County of Montgornery SUSAN B. NAFTULIN, being first duly sworn upon her oath according to law, deposes and says that she is the Vice President - Legal Affairs of American Business Credit, Inc. ("ABC"); that she is authorized to make this Averment on behalf of ABC; that Defendant Arafat Maswadeh executed and delivered to ABC a Promissory Note dated August 3, 1999 in the original principal mnount of $28,000.00 (the "Note"). Deponent further avers that the sum of $47,003.03 is due and owing under the Note, as set forth below: 1 l' I,' <" . :.u,.~i Outstanding Principal Balance $27,870.23 Unpaid Contract Rate Interest to 7/18/00 (Per diem interest of$12.38 at 15.99%) 1,187.52 Unpaid Contract Default Rate Interest from 7/19/00 to 11/10/00 (per diem interest of$18.58 at 24.00%) 2,136.70 Late Charges 986.58 NSF Fees 100.00 Legal Costs 122.16 Default Fee 8,256.51 Other Fees Permitted Under Loan Documents 212.50 SUBTOTAL AMOUNT DUE $40,872.20 Attorneys' Fees (15% of all sums due) 6,130.83 TOTAL AMOUNT DUE $47,003.03 2- .// ~ SUS"~~. NAFTUL Vie President - Legal Affairs ,AMERICAN BUSINESS CREDIT, me. Sworn to and subscribed before me this 020 day of t/OV!i(y} f3ef/... ,2000. ~Cl~ Notary Public f: \shared~egal\forms\hotdocs\templates\complaintsdraft.dot Not.rialSeal J .' ,^ ~~t:1~:.?n<;;arlberg, No:ary P~!:?liC,,_,<, :"'~,.\., ..,-,e,.c..,r. r.wP...MO.. ntg..omeryL.-. o~,~P,y ~ ,,' ;,';liC:,:,".,', .;~ajon E~'fJjres Oct. 7, 2OC~ ~~f'Z;n>;;'i;a;:;i:;A:s"~~~'Ci~iOi'1 of Notaries 2 AMERICAN BUSINESS CREDIT, INC. By: Robyn 1. Brown, Esquire - Attorney ill No. 74894 Carolee Berasi, Esquire - Attorney ill No. 53426 III Presidential Boulevard - Suite 103 Bala Cynwyd, P A 19004 (610) 668-2440 (610) 617-4967 Telecopy AMERICAN BUSINESS CREDIT, INC. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, Plaintiff, v. ARAFATMASWADEH individuaIly and tJa New York Deli 335-337 North West Street Carlisle, P A 17013 Defendant. [, I,,~ - ""'"""""'~ ~ I ' I~ THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DNISION No. ENTRY OF APPEARANCE, PRAECIPE FOR ASSESSMENT OF DAMAGES AND CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Kindly enter my appearance for and on behalf of the above-captioned Defendant. I hereby confess judgment in favor of the Plaintiff and against Defendant Arafat Maswadeh by virtue of the Warrant of Attorney attached hereto as Exhibit "A"; and assess damages as follows: I - Outstanding Principal Balance $27,870.23 Unpaid Contract Rate Interest to 7/18/00 (per diem interest of$12.38 at 15.99%) 1,187.52 Unpaid Contract Default Rate Interest from 7/19/00 to 11/10/00 (Per diem interest of$18.58 at 24.00%) 2,136.70 Late Charges 986.58 NSF Fees 100.00 Legal Costs 122.16 Default Fee 8,256.51 Other Fees Permitted Under Loan Documents 212.50 SUBTOTAL AMOUNT DUE $40,872.20 Attorneys' Fees (15% of all sums due) 6.130.83 TOTAL AMOUNT DUE $47,003.03 ?-7/ Attorneys for Defendant f: Isharedllegallformslhotdocsltemplateslcomplaintsdraft.dot 2 - I,j Il J '"Iii ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT Damages are hereby assessed and judgment is hereby entered and in favor of Plaintiff American Business Credit, Inc. and against and Defendant Arafat Maswadeh in the SUlll of $47,003.03 together with interest from November 11, 2000 through the date of entry of judgment at the per diem rate of $31.34, and post judgment at the per annUlll rate of 24.00% BY THE COURT: ~ R ~~~" Curtis R. Long, Proth 0 3 ~BAm:rican Cusmess redit, h1e. DUPLICATE OF ORtGINAt American Business Credit, Inc. Bala Cynwyd, Pennsyl;'ania 19004 PROMISSORY NOTE LOAN 10 10866 $28,000.00 ~"" August 3, 1999 FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the undersigned (each, jointly and severally, if more than one person or entity, hereinafter referred to and obligated as "Debtor") promises to pay to the order of AMERICAN BUSINESS CREDIT, INC. (hereinafter "Lender") at Balapointe Office Centre, 111 Presidential Boulevard, Suite 215, Bala Cynwyd, Pennsylvania 19004. or at such other location as Lender may designate from time to time, with interest as set forth below, the principal sum of Twenty-Eight Thousand And 00/100 Dollars ($28,000.00) to be paid as foHows: Principal payments, together with interest calculated at a rate of 15.9900 % per annum, payable in One Hundred Nineteen (119) equal, consecutive monthly installments of $ 411.05 each, beginning on September 3, 1999, and continuing on the same day of each month thereafter, with a final, One Hundred Twentieth (120), installment of $17,3H.84 Together with any unpaid principal, interest, costs, fees or other sums due hereunder accrued in connection herewith.. . SECURITY INTEREST. As St..'Curity for l:he prompt p<<ym\!nt ilS and wht!n due of all amounts owing- under this Note, incfudlng an}' ilntcnumcnt, modification, reftn<1ncing, renewaL substitution ()(' extension thcn..'Of. tOl."th~r with all othl.:r existing nnd future uldl.'btl.!Jnl.!ss, Habilith~s and obligations of Debtor to Lender, whether nliltun:d or ummllun:u, abwlutl.! or conHngt'nt, tlin.'Ct or ir~J.irL-ct, sole, joint or s....'Vl.!ml. of nny nature Wh.1t.sQl.!vcr anu out of wnatuvcr trans<lctions arising including.. without limitation, any d.....bt, liability or obligation owing from Debtor to others whlJ::h LL-nl.h.'t may obt.:lin by <'lSsil~nml.-nt or othL'1""Nlsc (her~inahL'1' colk-ctiwly rcferrtlu to us thl.' "ObHg<llions"), in addition to any othl!r St.'Curity in.o;tromcnt, al;rc.....ml!nt or document grantin~~ .l.I.!ndC'r <1ny righ.ts in >'\l"lY of O\:btor'::; property for the purp05\; of s\,:cunnt~ the ObHgatlons., Debtor ru.'n:bf gr<lnts to r....-nd.....r a Hen on ami Sl.:curity intl.!r.....st in .md to aU property of Debtor which at any HOle Lendl.'r sh.\1I have in its pos.<;ession, Or whicb is in tran..,~t to it indudint.. without limit<1.t\ll1\, o:\ny b<1.1ance or sharI.' belonging to Debtor of <my Ul.'posit, agency, trust. escrow or other i.1CCOunt or account." with Lc-mler, anu nny other amounts which may be owing from time to time by LcnJ.~r to Debtor. S~kl lien O,t'\u ~"Cutity inhm.--st shall be: inde~ndent of anr right of set--of( which l.cnde-r may h<1ve. Any right of set-off in f<lvor 0 Lemler, if exercised, shan be uccmei.l to have ~n exercised at the time Lemler first restricts accGS of Debtor to property in Lender's possession, notwithstnndJng thilt such sct..off mOlY be entered upon Lender's books ;;lOd rL'CorUs at a I.ller timl.!, DISBURSEMENT OF PROCEEDS - E.1ch Debtor hereby represents and W<lrr<1nts to 1...l:nuer that thl.l' procf.."CJs of Ulis Note will be used solely. for busint.lss or c.ommcrci.:tl PUrpOSL'S and a~~ecs that any disbursement of the procL'I.'ds of this Note, or <my portion th.....rcof, to anyone or marc Debtor sh.1ll be conclusively uf..-cmctl to constitutc disbursement of such procccJs to and for the benefit of each anu every Debtor, PREPAYMENTS - This Note roilY not be prcpilid in part ilt any time without Utc prior written consent of Lender. This Note may not be prepaid in full at any time Lltllt!SS such fuU prepayment is accompanieu 6y il prepayment k'C ~uai to tbe tot.'ll. <'lnlount of mterest (cakulatoo at th,c rate of interest set forUl above in this Note) which would be payable by Debtor to Lcndet on the principal amount of this Not..... over ilie Iu1l term of this Note, multiplied oy a fraction, the numcr<'ltor of which is equal to the sum of the num5cr of months from and induding the month in which the initial payment is due through and induding the month in which the 24th seli.cduled. payment is due or, if the prepayment occurs after the 24th scheduled payment the month in which such prepayment is actually received, and in either case the denominator of whidi is equal to the sum of the number of months in the full term of this Note {coUcctively called the "Sum-of.the~Months'-Digits Method"} less the amount of any intercst paid by the Debtor to the Lender prior to the prepayment date computed pursuant to the actuarial method. If this Note is payable in insh1llrilents, nny pcmtitted partial prepayment(s) shall be ap!?licd on account of the installment(s) p<lyabll2' liercunder in the invcrse order of their maturity Oast installment due credited fust) and the number of installments hereunder shall be correspondingly tt."Ctuccd, but no such prepayment shall reduce the anlount of the scheduled installment{s) on each installment_payment date until the entire principal amount hereof, togeth"r with all interest due thereon, has bct.>n paid in full. RIGI.IT TO COMPLETE NOTE - Lender, m.lr. at any time anu from time to timc-, witnout notic..... to any Obli!~or l"Obh!lm', it.'i used ht.'rein, shan inclur.le Debtor ilnd "II other persons Iinbk., dU\(.'r soldy, jointly or severally, abso(utc..ly or I.x1ntingenUy, 011 the Oblig.ltions, induding endorsers, sureties i'lnJ. gUMaO~O(s): (1) date this Noh:: <l.'> Qf the dd\C' when the loan eviJenceu hereby was milde; (2) comptd" any bl.:lnk Sp<lCCS according to the terms upon which Lender h.1S lv.mted :iud;, 10.~~; ilnd (3) cause tile- S,tgn.ltu~e of o,:!e or more pcrson<o to bl.' iluJcd <15 an <1l.ithhon.ll Deb~or or Obhgo. WithOut 1Il <my way a(fccHnt~ o.limitlllg the li.1bility of the existing Obligor to Lender. LATE IJAYMENTS ~ If any p~Y'lllent of princip<ll an.d/or 10\('rl.'st t... nut tl....cdved in full by Lt.:nth:r Within Fifteen cl.1YS of the due ut1te thereof. there shall be inuneditltcly .:l.ddeu to the Oblig.ltions a J.:l.te c:hnrge L'qual to kn (10%) ~rccnt \)f the <.lmount p...st due. For I.'uch unu \."Vcry month th<l~ such payment of !?rh,dpaI .and/or interest is not Olilde-, an aduition<111ate charge equ.l[ to ten (10%) percent of sllch principal and/or interest p<lst due shilll be 3J.d"-l<..t to the Oblig"UoC'S until su<:.h p~st due amount is ?aid. in full. [ntct"\.'St at the mte of interest :let forth in thiS Note- shalI .:lccrue anJ is payable on I.!ach IntI.' ch.trge- from the \l.,te anx such Inh: charge- initi<111y h.~comes due until such l<ltc ch<trgc is. paid in fUll. AU late charges ac~ immediately dul:." and payable without notice ur d....mi'lnd. Any payments of principal and/or mterest rccdvcu. by Lender aHur 3:00 p.m. on .any business uay, or n:cc(ved on any day wh[ch is not il business u..'lY for Lend"!., shaH ~ deemed to have been n."ceive\l by Ulll.h:r on tl'lc ncxt businl.'SS day. In the event that Debtor fails to pay any lat.... chargers) Lluc hert.lumlcr on or before the third monthly <Innivcrsary of the. dab~ such late ch.ltge(s} first became due, u.:m.der may. in its sole and absolute lhscrctIon, Uf..'CI.:m: such f.:li\ure to constitute an EVI..'nt of Default hcreundl.:r, and thereupon Lcnder may exercise the rights avail.1ble to it upon ddault. > EVENTS OF DEFAULT - Each of tht.' following sholl be nn "Event of Default" hercw"lder: (1) the nonp<.lyment when tlue of ;;my amount paX-Olble- under t.hls Note (except l<lte charges, to tltl.! extent herein provided) or of any amount when due under or on any of the Oblig.ations; (2) the failure of any Obligor to observe or perform any <lgrccmcnt of any nature whatsoever with Lender; @-) if any Obligor becomes insolvent or makes an assi~ment for the benefit of creditors, or if any petition is filed. by or <1gainst any Obligor under any provision of <lilY state or fedcr<ll law <!l1l.l'ging that such Oblil$or is insolvent or unable to pay debts as they mature or under any provislon of the United St<ltl:l'S Bankruptcy Code; (4) the entry of any judgment against nny Obligor which remains Wl.'iatisfied for fifteen (15) days or the issuance of any attachment, levy, or garnishment against .my property of any Obligor or the occurrence of any 5uo-stantiru. change in the financial condition of ~ Obligor which, in Uie sole, reasonable judgment of Lendcr, is materially adverse; (5) the dissolution, merger, consolitlation or reorganization of any Obligor which is a corporation partrll~rship: or other business entity without the prior written consent of Lender; (6) the dc.ath, incarceration or adjudication of legal incompetence of any Obligor who is a nar:u.raI person; m if any informatiOn or signahue heretofore or hereafter fumisbed to Lender oy any Obligor in connection with any of the Obligations, or in connection willi any guaranty or surety agreement applicable to any of the Obligations, is materi<illy faIse or incorrect; or (8) the failure of any Ooligar to timcly fu.rnish to Lender such financial nnd oUter information as Lender may A6Ct- Ptomissory Ncko rSt.lm 01 Momhs DIgits, Ove' $50.000 ~md Under $50,000. Sect.lted by Non-Rasldenti<ll RO<lI Property . .- IlIlHllijlillllllll"" re.lsonably Tt:.'qUest or require. LENDER'S RIGIffS UPON DEFAULT -If an Event of Default shall ocrur .- hereunder, and not be cured within five (5) days following the delivery of written Notice of Default by Lender to Debtor, the outstanding-principal balance, tog~thcr with the prepayment fee (calculated as provideiJ above in . this Note under the hcadirig Prepayments), and any late payments or other sums due to Lem!er from any Obligor, together witli interest accrued thereon shall be immediately due and payable without notice to any Obligor and shall accrue interest after the Event of Default at the lesser of: (1) interest rate of twenty-four (24%) percent per annum in lieu of the in~erest rate provided for above;~qf (2) the maximum amount pemtitted by applicable taw. In addition, ut:ltffl' an Event of Default, Lenuer may: (1) exercise its right of set-off and all of the ri~ls, benefits, privileges and remedit.'S of a secured partY. under the Pennsylvania Uniform Commercial Code (or under the laws of any other j.Urisdlction in, which any collateral Sl......i.lri~ for the Obligations may be ocated), and all of its rights and remedIes at law or in equity and under any security agreement, pledge agreement, mortgage, power, this Note or any other note, or any oilier agreement, instrument or document issued in connection with or arising out of any of the Obligations (the "Loan Documents") all which rights anl1 remedies shall be cumulative; and (2) pursuant to the Warrant of AUorTley contained herein, CONFESS JUDGMENT against Debtor, APPLICATION OF FUNDS - All sums realized by Lender on account of the Obligations, from whatever source received, sbaU be applied first to any f~, costs and expenses (including attorneys' fees) incurred by Lender, second to accrued and unpaid interest, next to late charges and then to principal, or in any other order that Lender may uetemunlJ. Debtor waivt.'S and releases any right to require Lender to collect any of the Obli~ations from any collateral under any theory of marshalling of assets or otherwise, and specifically authorizes Lender to apply any coUateral in which Obligor has any right, title or interest against any of the Obligations in any marmer that Lender may determine. . WARRANT OF ATIORNEY TO CONFESS JUDGMENT - Debtor hereby irrevocably authorizes and empowers any attorney or any clerk of arty' court of reeoed, with or without the occurrence of any Event of Default, to appear for and CONFESS JUDGMENT against Debtoc (1) for such sums as arc duc and.Jor may [K.'Come due on the ObligoltiOns and/or (2) in any action of replevin institutL't.l by Lender to obtain possession of arlY coUatcral SL'CUring this Note or sL'Curing any of Ule Obligations, in either case, with or without <kclaration, with costs of suit, without stay of e>'L'Cution and with an amount, for lien priority purposes, t.'lIUill to fiftl.'\!n p\!rccnt (15%1 of all sums payable hereunder, but not less than One Thousand Do lacs ($ 1,000.00) added for attorneys' collL'Ction fl.'Cs, with the <lctuat amount of attorneys' fees to be l~()verned by the provL-.ions set forth ~low, To the extent rermitteo by law, Debtor: (1) waives the riGht of inlluisition on any rea estate levied on, voluntarily condemn.<; the sa~le, illlthoo7.es the prothonotary or clerk of <my court to enter upon the Wnt of E1<I.'Cution said voluntary condemnation ilnJ agrL'Cs that Silid reall.>st.lte may be solJ on a Writ of E)cL'C~tion; (2) waivl.'S and rdei.1SeS all reli~f felml aU appraisement, stay, exemption or appeal laws of any state now 1!l force of hereafter cnacted; and (3) releases all errors in such proceeuings. if a copy of this Note, verified by affidavit by or on behnlf of Lender shall hilve b\.'Cn fileu in such ilction, it shall not bc nccc5Sclry to !ile the original Notc i1S a Warrant of Attorney. nlC authority and. power to al?pear for ami CONFESS JUDGMENT against Debtor sha~ not DC exh,austed ~y the initial c,.-crcisc thereof, and the same may be cxeCC15ed, from time to hme, as often a, u.>nuer shall deem nt.'Ccssary and desirable, and this No~e shall be.a sl,lfficient Warrant thcrefor, Lender may confess onc or marc )ud~cf!ts 10 tl1e same or different jurisdictions for aU or any part of the Obligations, without regard to whether judh'Tllcnt.has, theretofore been entere~ on morl! than one occasion for the same Obligations. In the event any lud,gm~nt entered against Debtor hereunder is sl:rickcrl. or opened upon apphcation by or on Debtor's behalf for any reason whatsoever, Lender is hereby authorized and empowered to again appear for and CONFESS JUDGMENT against Debtor for all or any p'iltt of the Obligations; s,:!bjt.'Ct, however, to 'the limitation that such subsequent entry or enmes of jt1dgment by Lender foUowing any proceeding to open or sbike may only be done to cure any errors or acfccts in such pri~r p((JCt.'Cdin~'j and only to the extent that suCh errors or dcfL'Cts are subJl.'Ct to cure In such fi.ltl!r proceedings. INTEREST ACCRUAL ~ Interest shall be calculated hereunder for the actual number of days that the principal balance or any other sums due to Lender from any Obligor is outstanding, based on a year of three hundred sixty (360) days unless otherwise specified. Interest shall continue to accrue on the princip.al balance hereof ~d on any ~~er ~ums. due to Lender from any 06ligor at the tate of mterest specified m this Note, notwithstanding any demand for payment, acceleration and/or the en~ of any' iud~ent against atly Obligor, until all principal owing hereunder is paid mfiill. t\TIORNEYS' FEES AND COSTS - In Ute event Utat Lender engages an attorney to represent it in connection with: (1) any aUegl.-d default or any Obligor under any of the Loan Documents issued in connection With or arising out of the Obligations; (2) the enforcement of any of Len~er's riJdtts and remedies under any of the 'Loan Documents; (3) any potential anJj or actual bankruptcy or other insolvency proceedings conurumced by or ( ~I , ...,-,"J against any Obligor; and/or r") any potential andj or actual litigation arising out ,of ~r related to any of the foregoing, the Loan Dof~ments or any of the Obligations, lhen Debtor shaU be liable to a.nu shaU rcunbursc Lender, on d~mand, for all attorneys' fees, costs and expenses incurred by Lend.er in co.nnection with any of the foregoing. Debtor shall also be liable and shall reunburse Lender, on demand, for all other costs and expt."nS4.'S (including attorneys' fees) incurred by lender in COrult.'Ction wi.th the CoUl.'Ction, pr~rv~tion and/or ~quidation of any collateral securi~ for any of ~ Obligations and/or Ul the enforcement of any Obligor's obligations hereunder and! or under any of the Loan Documents. REtURNED PAYMENT CHARGE -In the event thaI Deblor makes a payment under this Note by check, negotiable instrument or other means and such payment is returned to Lender unpaid, Debtor agrees to pay Lender an NSF charge in an amount equal to the lesser of U\e maximum amount permitted by law or the Lender's then existing charge. . MISCELLANEOUS/ADMINISTRATIVE CHARGES -Except as may otherwise be limited by a{?plicable law, Debtor agrees to pay any misceUant.'Ous and/or Adnunistrative charges imposed by lenlter in connection with: (1) Lender having to take: any action that results from Debtor's failure to fully comply with the terms ana conditions of this Note or any of the Loan DOCuments; and (2) the release or satisfaction of any mortgage, assignment of leases, financin~ statement and/or other document appearing on the public record which 1!l any pay relates to Debtor, any OoUgor and/or the Obligations. MISCELLANEOUS . Debtor hereby waives fratest, notice of protest, presentment, dishonor, notice of disbonor an demand, To the extent permitted by law, Debtor hereby waives and releases all errors, deft.'Cts and lmpcrfO:.."Ctiot\S in any proceedings instituted by und\!r under the terms of thiS Note, The rights and privileges of Lender lUluer this Note shall inure to the benefit of its successors and assigns. AU representations, warrantit.'S and agreements of Debtor made in conrtl.'Ction with this Note shall bind Debtor's ~rson.al represcnlatives, heirs, successors and. assi.gns. H any provision of this Note shall for any reason be hdd to ~ invalid or unenforceable, sudl invalidity or unt.>nforceability shall not affl."Ct any other provision herL'Of, but this Note shall be construed as if such invalid or enforceable provision had neVer bt.>en conbined herein. The waiver of any Event of Ocfault or the f.liture of Lender to exercise any right or remedy to which it molY be entitled shall not be lk'Cmed to be a waiver of any subsclluent Event of Default or of Lender's right to exercise that or any oUler right or reOledy to which Lender is entitled. The rights and remedies of Lender under this Note and the Loan Documents shaU ~ in addition to anr. other rights ano remedil.'S available to Lcnder at law or in l.~luity, all of which may be exercised singly or concurrently. This Note has been delivered. to and. accepted by U!t\l{er in and shnll be governed by the laws of the Commol\wci.dth of PennsyIVi.lOia. The partie:; al~rl.'C 10 the exclusive jurisdiction of Ule federal nnd stolte courl'i located in Pennsylvania in connection with <lnr. matter ari.'iing hereunder, including the celk-ction anll enforcement herco , except as tile Lender may otherwise ck'Ct. OTIIER- ,ll\BC1. Promissory NOlO ISum of Monlhs Dlgll$, Over $50,000 and Under $50,000, Secured by Non-Resldent!;)l Real Property > -"- . IN WITNESS WHEREOF, the Debtor has hereunto set his hand and seal the day and year first written. This instrument is intended to constitute an instrument under seal. ~ ~.b11n.J1..~A [L.S.l Arafat Maswadeh, In .vidual and Proprietor tla New York Deli AS'Cl. Proml:fsory NotelSum 0' Momh, Digits, Over $50.000 and Under $50.000, Sllcured by Non-Residllntial Rllal Propllrty [, 1'1 ~ . ""'IiJ" AMERICAN BUSINESS CREDIT, INC. By: Robyn 1. Brown, Esquire - Attorney ill No. 74894 Carolee Berasi, Esquire - Attorney ill No. 53426 III Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 Telecopy THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff AMERICAN BUSINESS CREDIT, INC. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, CUMBERLAND COUNTY COURTOFCO~ONPLEAS TRIAL DIVISION Plaintiff, v. No. ARAFATMASWADEH individually and t/a New York Deli 335-337 North West Street Carlisle, P A 17013 Defendant. AFFIDAVIT OF ADDRESSES AND CONJUGAL INCOME Commonwealth of Pennsylvania ss County of Montgomery SUSAN B. NAFTULIN, being fIrst duly sworn upon her oath according to law, deposes and says that she is the Vice President - Legal Affairs of American Business Credit, Inc. ("ABC"); that she is authorized to make this Affidavit on behalf of ABC; that the address of ABC is as follows: American Business Credit, Inc. Bala Pointe OffIce Centre III Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 1 l, _. Ii .' ~,,~"'- and that the last known addresses of the Defendant is as follows: ARAFATMASWADEH individually and Va New York Deli 335-337 North West Street Carlisle, PA 17013 and that, upon information and belief, the annual conjugal income of the individual Defendant is in excess of $1 0,000.00 per year. /1 . NAFTULIN Vic resident - Legal Affairs AMERICAN BUSINESS CREDIT, INe. Sworn to and subscribed before me this dO day of No" [('1 8efL. , 2000. i'"1-~C~ Notary Public f: \shared\legallforms\hotdocsltemplateslcomplaintsdraft,dot Notarial Seal let:'!","n Carlberg, Notary Public .' -, . .~,:,<c:n *liNp., Montgomery County " " .o:y ;:;~'_':'.': '~',-slon Explres,Oct. 7,200.2 -,',,~i~ ~:.'::r~01~a~:'C':atjofJ ofNolarfes 2 AMERICAN BUSINESS CREDIT, INC. By: Robyn L. Brown, Esquire - Attorney ill No. 74894 Carolee Berasi, Esquire - Attorney ill No. 53426 III Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 (610) 668~2440 (610) 617-4967 Telecopy AMERICAN BUSINESS CREDIT, INC. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, Plaintiff, v. ARAFATMASWADEH individually and t/a New York Deli 335-337 North West Street Carlisle, PA 17013 Defendant. I....L. - L o',~ ~t THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DNISION No. AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania County of Montgomery ss SUSAN B. NAFTULIN, being first duly sworn upon her oath according to law, deposes and says that she is the Vice President - Legal Affairs of American Business Credit, Inc. ("ABC"); that she is authorized to make this Affidavit on behalf of ABC; that the last known address of the Defendant is as follows: ARAFATMASWADEH individually and t/a New York Deli 335-337 North West Street Carlisle,PA 17013 1 ,. I L.L ~~ -t4!'J" and that the Defendant is not in the Military Service ofthe United States, nor any state or territory thereof, nor any allies of the United States, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. /7' //~ //~~ . AFTULIN Vice resident - Legal Affairs ERIeAN BUSINESS CREDIT, INC. Sworn to and subscribed before me this .:J.u day of rJooJrzm/3E1L ,2000. ~~ Notary Public f:lsharedllegallformslhotdocsltemplateslcomplaintsdraft.dot R~>~~-~--~~"J Notarfal S8a! .. ..K:~ -:.~h>:m., 9?Jibsl'g, !'Joi,:Jry Public _~, :'1', ,< n I.Wp., M~ntgom9fyCounty I ~ -'L~_:"-" ,..:'v::.:1EXPli:~~OCt.712OC2 .,-,3moor, i=,'",fhyivani3 Ass! -:,'",;.tio', of Notarfes 2 -L. 1,1 ,l i", . . AMERICAN BUSINESS CREDIT, INC. By: Robyn L. Brown, Esquire - Attorney ill No. 74894 Carolee Berasi, Esquire - Attorney ill No. 53426 III Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 Telecopy THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff AMERICAN BUSINESS CREDIT, INC. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Plaintiff, v. No. ARAFAT MASWADEH individually and tJa New York Deli 335-337 North West Street Carlisle, P A 17013 Defendant. AFFIDAVIT OF NON-APPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT Commonwealth of Pennsylvania ss County of Montgomery SUSAN B. NAFTULIN, being first duly sworn upon her oath according to law, deposes and says that she is the Vice President - Legal Affairs of American Business Credit, Inc. ("ABC"); that she is authorized to make this Affidavit on behalf of ABC; that neither the Note nor this Confession of Judgment arises out of a "retail installment sale, contract or account" as defined under the Goods and Services Installment Sales Act, 69 P.S. S 1101 et seq., and that the foregoing facts are true and correct to the best of her knowledge, information and belief. 1 .'. I; I: - 1J"'~ /? sus~ Vice Pr Ident - Legal Affairs AME CAN BUSINESS CREDIT, INC. Sworn to and subscribed before me this 0(0 day of rJOViimtE:tL ~OO. KfJ.d~ r:~ Notary Public f: Ishared\legal\forms\hotdocs\templates\complaintsdraft.dot Notanal Seal KC,el~Gen Carlberg, Nota.ry Public " ,,"",'js.";onTwp.; Montgom8ryCO'Ji1~V ~ __ ....:i C':'~',:,,-..":SJion ExpJres Oct. 7, 2002. "T.:3mOOI, pc~iva~.A:s;~}~~lon of Notaries 2 II," ~ ."'~',~ AMERICAN BUSINESS CREDIT, INC. By: Robyn L. Brown, Esquire - Attorney ill No. 74894 Carolee Berasi, Esquire - Attorney ill No. 53426 III Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 Te1ecopy THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff AMERICAN BUSINESS CREDIT, INC. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DNISION Plaintiff, v. No. ARAFAT MASWADEH individually and tJa New York Deli 335~337 North West Street Carlisle, P A 17013 Defendant. AFFIDAVIT OF BUSINESS TRANSACTION Commonwealth of Pennsylvania ss County of Montgomery SUSAN B. NAFTULIN, being first duly sworn upon her oath according to law, deposes and says that she is the Vice President - Legal Affairs of American Business Credit, Inc. ("ABC"); that she is authorized to make this Affidavit on behalf of ABC; and that the transaction upon which the judgment being entered is based was a business transaction. A true and correct copy of the Affidavit of Business Purpose signed by Defendant Arafat Maswadeh, individually and tJa New York Deli is attached to this Affidavit as Exhibit "A". 1 -~ u '"Of SUSAN . AFTULIN Vice P sident - Legal Affairs CAN BUSINESS CREDIT, INC. Sworn to and subscribed before me this 010 day of NovIZm8ML ,2000. ~~ Notary Public f:\shared\legal\forms\hotdocs\templates\complaintsdraft.dot --...... - - !(,,, ...."~,"'~ Notarial Saal , ,~. ",1...::.;," ~.?dberg, Notarv Public ,,-- "~:': J.wp., Mc:t1tgomeryCOiJHiV ' I ...~;-...;'. ....,:.;;;lonF~(plresOct.7.2002. ": t;mhS;) . :;:Jjj:;a~J'i:As;;(/c;atjon ofNotal1es 2 ,~ ,l ;.; I" -"1'i ~Am7rican , USUless redit, hlC. AFFIDAVIT OF BUSINESS PURPOSE LOAN 10 10866 State 01 h/7 n S ,';U-7/?/'i- , . County 01 (U~~/4;Vt7 : SS The undersigned, Aratat Maswadeh, duly sworn according to law, deposes and says as follows: 1. This Affidavit is made in connection with a loan from American Business Credit, Inc, to Aratat Maswadeh t/a New York Deli evidenced, in part, by a note dated August 3. 1999. in the original principal amount at $28.000.00 (the "Loan"); 2. The undersigned is receiving the proceeds of the Loan in his/her/their individual capacity to be used for the business purpose specified below. 3. The proceeds of the Loan are to be used exclusively to acquire an interest in or carryon a business or commercial enterprise, specifically: business debt consolidation for New York Deli, a proprietorship. 4. No portion of the l.oan proceeds, are to be used for personal, family, household or consumer purposes. ~JI/I~fpA IL.S.I Aratat Maswadeh, Individual and Propriet.or tla New York Deli Sworn to and1iubscribed Before me this August 3. 1999. ~ Nolari:11Seal HnroldS. Irwin III,NolaryPublic Carlisle Bora, Cumberland County My Commission Expires Sept 23, 2()02 Member, I-'<!n"~'" . ",,", ,,~..,,:: v' ~~tlrles ."'1 ABCI2. AFFIDAVIT OF BUSINESS PURPOse AMERICAN BUSINESS CREDIT, INC. By: Robyn L. Brown, Esqnire - Attorney ill No. 74894 Carolee Berasi, Esquire - Attorney ill No. 53426 III Presidential Boulevard - Suite 103 Bala Cynwyd, PA 19004 (610) 668~2440 (610) 617~4967 Telecopy AMERICAN BUSINESS CREDIT, INe. Bala Pointe Office Centre III Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004, Plaintiff, v. ARAFATMASWADEH individually and t/a New York Deli 335~337 North West Street Carlisle, PA 17013 Defendant. " I ~ ,~ " _ I I ~"'~_ ~ " THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION No. CERTIFICATION OF NON-CONSUMER CREDIT TRANSACTION I certify, pursuant to the penalties of 18 Pa. C.S. 94904 (pertaining to unsworn falsification to 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. Civ. P. 2950. f:\shared\legal\forms\hotdocs\templates\complaintsdraft.dot AMERICAN BUSINESS CREDIT, INC. ~--- ;1,USAN B. NAFTULIN Vice President - Legal Affarrs AMERICAN BUSINESS CREDIT, INe. By: 1 " L , VERIFICATION I, SUSAN B. NAFTULIN, declare and verify that I am the Vice President - Legal Affairs of American Business Credit, Inc. ("ABC"); that I am authorized to make this verification on behalf of ABC; that the facts contained in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief. I make these statements subject to the penalties of 18 Pa. C.S.A. g 4904 relating to unsworn falsifications to authorities. ...>;. ~~~-~ ~US B. NAFTUL Vi President - Legal Affairs ERICAN BUSINESS CREDIT, INC. Dated: November 9,2000 5 L ,:'" '." ,~^+~ v ~o ~~ ~I ~ ".'-'."<",,. ,,,'.,,,,,,,'~ :\-'';'' --",,< ~ -+ ~ .. ~ ~ ',.. _I~~p ....._II~II!I'!Ml'I"'~il-llm1J >', ,^'," '=.;,"~",~...,. "-' ';,-",C' ,,"~" ~'" '.'h-' ','_ ,,'~~~~'~m '" ~- .. .. ~ tl '" ~ ~ ~ ~ ~Jl)~~,Q _ '!l!~~'j€H;WfA$,-~')'"'-'':-'''''';''''''' "1!"'''':,"",,~,,''''1' l,g",",f'H''li!'!';;;wm:<!f,'f::H'HI1~-i3PFq~'r'f.l:i!Gl>,~l"lf,J;,Ifp,-''~'''~lli'W'fflr\FJ;