HomeMy WebLinkAbout08-2309COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. l?$ - a30f' ?1 ui
Plaintiff
V.
SABAB & SHIHAB, INC., DBA
UNI-MART,
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the Complaint filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against the Defendant as follows:
a. Principal $201,453.80
b. Interest to April 1, 2008 $ 8,808.32
C. Late Charge(s) $ 1,425.10
_
d. Attorneys' Fees $ 21,02E21
TOTAL: $232,713.43, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April vJ , 2008 By: ell
eo y . S uire
preme Co ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.
Plaintiff
V.
CONFESSION OF JUDGMENT
SABAB & SHIHAB, INC., DBA
UNI-MART,
Defendant PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The Plaintiff, PNC Bank, National Association, is a national banking association
organized and existing under the laws of the United States of America with a principal regional
office located at 201 Penn Avenue, Scranton, PA 18503 (the "Plaintiff').
2. The Defendant, Sabab & Shihab, Inc., dba Uni-Mart, is a Pennsylvania corporation
with a last known address of 447 Broad Street, Montoursville, PA 17754 (the "Defendant").
3. The Defendant executed and delivered to the Plaintiff a U.S. Small Business
Administration Note dated October 26, 2005, in the original principal amount of Two Hundred
Twenty-Five Thousand Dollars ($225,000) (the "Note"), a true and correct photostatic reproduction
of the original of which is attached hereto as Exhibit "A" and made a part hereof.
4. The Defendant executed and delivered to the Plaintiff a Disclosure for Confession
of Judgment, a true and correct photostatic reproduction of the original of which is attached hereto
as Exhibit "B" and made a part hereof.
5. The Defendant is in default of the Defendant's obligations to make payment to the
Plaintiff as required in the Note, and the Plaintiff has demanded payment in full of all outstanding
amounts as provided in the Note. A copy of the Plaintiffs demand dated February 13, 2008, is
attached hereto as Exhibit "C" and made a part hereof.
b. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
7. There has not been any assignment of the Note.
8. Judgment has not been entered on the Note in any jurisdiction.
9. The amount due to the Plaintiff as a result of the Defendant's default is as follows:
a. Principal $201,453.80
b. Interest to April 1, 2008 $ 8,808.32
c. Late Charge(s) $ 1,425.10
d. Attorneys' Fees 21,026-21
TOTAL DUE: $2329713.43
10. Interest continues to accrue at a rate equal to the Prime Rate in effect on the first
business day of the month in which an interest rate change occurs, as published in the Wall Street
Journal on the next business day, plus two and one-quarter percent (2.25%), adjusted quarterly.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendant, Sabab & Shihab, Inc., dba Uni-Mart, in the amount of Two Hundred Thirty-Two
Thousand Seven Hundred Thirteen and 43/100 Dollars ($232,713.43), plus interest at a rate equal
to the Prime Rate in effect on the first business day of the month in which an interest rate change
occurs, as published in the Wall Street Journal on the next business day, plus two and one-quarter
percent (2.25%), adjusted quarterly, through the date of payment, including on and after the date of
entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff
may be entitled.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April 11 2008 By:
Ire . Shuff, Esquire
Supr e Court ID #24848
10 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.
Plaintiff
V. CONFESSION OF JUDGMENT
SABAB & SHIHAB, INC., DBA
UNI-MART,
Defendant
PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Kyra E. Zoranski, Assistant Vice President for PNC Bank, National Association, being
authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements
made in the foregoing pleading are true and correct to the best of my information, knowledge and
belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
PNC BANK, NATIONAL ASSOCIATION
y .i
i
6
US Seim &w pm 'k nMsstba
U.S. Small Business Administration
M NOTE
SSA Loan # PLP 91682740-tap
SBA Loan Name UN-Msrt
Date
Loan Amount 225,000.00
Interest Rate The Interest rate on this not will fluctuate resulting in an initial interest rate of 9,0()%,
Borrower
t Sabab & Shlhab, inc,dba Uni-Mart
operating
Company
Lander PNC Bank, National Association
1. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
Two hundred and Twenty-hive Thousand--- 001100 Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
2. OFFINITIONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entity that sighs a guarantee of payment of this Note,
"Loan" means the loan evidenced by this Note.
"Loan Documents" moans the documents related to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA" means the Small Business Administration, an Agency of the United Statcs of America,
SPA Form 07 (OMM) Version 4A
Page its
Bankers Systems, Inc., St. Cloud, MN
3. PAYMENT TERMS:
Borrower must niake all payments at the place Lender designates. The payment terms for this Note are:
This Note will mature in 10 years from date of Note.
The interest rate on this Note will fluctuate. The initial interest rate is 9.00'x, per year. This initial rate is the phrm
rate on the date SBA received the loan application, plus 2.25%. The Initial interest rate must remain in effect until
the first change period begins.
Borrower must pay principal and interest payments of $2,850.20 every month, beginning one month from the month
this Note is dated; payments must be made on the first calendar day in the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment,
then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce the principal.
The interest rate will be adjusted quarterly (the "change period"),
The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate chargo
occurs, as published in the Wall Street Journal on the next business day.
i
The adjusted interest rate will be 2.25% above the Prime Rate. Lender will adjust the interest rate on the first
calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives
Borrower notice of the change.
Lender mast adjust the payment amount at least annually as needed to amortize principal over the remaining term
of the note. 1
If SSA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate
in effect at the time of the earliest uncured payment default. If there Is no uncured payment default. the rate
becomes fixed at the rate in effect at the time of purchase.
Notwithstanding any provision in this Note to the contrary;
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market,
Borrower must: (a.) Give Lender written notice; (b.) Pay all accrued Interest; and (c.) If the prepayment Is received
less than 21 days from the date Lender receives the notice, pay an amount equal to 21 days' interest from the date
Lender receives the notice, less any Interest accrued during the 21 days and paid under subparagraph b., above. If
Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lender a
new notice.
All remaining principal and accrued interest is due and payable 10 years from date of Note.
Late Charge: If a payment on this Note Is more than 10 days late, Lender may charge Borrower a late fee of up to
6% of the unpaid portion of the regularly scheduled payment.
SBA Form 147 (t#.if63M2) Verson 4.1 Pace M
Bankers Systems, Inc., St. Cloud, MN
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower
or Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
13_ Defaults on any other loan with Lender;
C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or 513A;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SAA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
1. Has a receiver or liquidator appointed for any part of their business or pmpeny;
1 Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that lender believes may materially affect
Borrower's ability to pay this Note;
1.. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal anion that Lender believes may materially affect borrower's ability to
pay this Note.
5. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor,
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. Biel on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooser;
B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan
Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments
for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's
fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the
expenses to the principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. 'l'ake any action necessary to protect the Collateral or collect amounts owing on this Note.
SSA Form 147 (t)"VD2) Vtrslon 4A Pays 3MS
Bankers Systems, Inc., St, CkNA, MN
s
r
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing
liens, and other purposes. By wing such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability. As to this Mote, Borrower may not claim or assert against SOA any local or state law
to deny any obligation, defeat any clam; of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIO"NS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors
and assigns.
9. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrrnvcr waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable
Lender to acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this :Mote.
F. If any part of this Note is unenforceable, all other pans remain in effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest, and notice ofdishonor. Borrower also waives any defenses based upon any claim
that Lender slid not obtain any guarantee; did not obtain, perfect, or maintain it lien upon Collateral;. impaired
Collate al; or did not obtain the fair market value of Collateral at a sale.
SSA Form 147 (08/03(02) Vwsian 4A Page 4B
Bankers Systems, Inc,, St. Cloud, MN
10. SPATE-SPECIFIC PROVISIONSr
PA CONFESSION OF JUDGMENT
1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO
APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HOLMR
HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF f0°fo
OF SUCH PRINCIPAL. AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO,
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF
APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAiSEMENT, STAY OR EXEMPTION LAWS OF ANY STATE
NOW IN FORCE OR HEREAFTER ENACTED.
JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES
OF JUDGMENTS. SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE
SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID. BUT THE POWER SHALL CONTINUE
UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER SHALL ELECT
UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST,
COSTS AND FEES.
2. Governing Law, Jurisdiction. This Note will be interpreted and the rights and liabilities of the parties hereto
detarmtned in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws riles,
The Undersigned hereby irrevocably consents to the exclusive jurisdiction of the Courts of Common Pleas of the
Commcmwealth of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania; provided
that nothing contained in this Note will prevent the Lender or any holder hereof from bringing any action, enforcing any
award or judgment or exercising any rights against the Undersigned, against any security or against any party of
the Undersigned within any other county, state or other foreign or domestic jurisdiction. The Undersigned agrees that
the venue provided above is the most convenient forum for troth the Lender and the Undersigned and the Undersigned
waives any objection to venue and any objection based on a more convenient forum in any action instituted unaar this
Note. The Undersigned agrees that service of process in any such proceeding may be duty effected upon the
Undersigned by mailing a copy thereof by registered mail, postage prepaid, to the Undersigned.
3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE
UNDERSIGNED MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE
RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES THAT
THE FOREGOING WAIVER 15 KNOWING AND VOLUNTARY.
SBA Farm 147 (OW03*2) Ver*Wn 4.1 Pepe'"
Bankers Systems, Inc., St. Cioed, Mtn?
11, BORROWER'S NAME(S) AND SIGNATURE(S).
By signing below, each individual or entity becomes obligated under this Note as Borrower.
Sabab & Shihab, lnc.dba Uni-Mart
Saituhah Shuiya, President
SSA Fam 147 (OMM2) Version 4.1 pa" We
Bankers Systems, Inc„ St. CIow, MAt
Disclosure for Confession of Judgment
Undersigned: SABAB & SHIHAB,,INC. DBA UNI-MART
447 BROAD STREET
MONTOURSVILLE, PA 17754
Lender: PNC BANK, NATIONAL ASSOCIATION
8800 TINICUM BOULEVARD
PHILADELPHIA, PA 19153
PNCBANK
7&0 Q-,()
The undersigned has executed, and/or is executing, on or about the date hereof, the following document(s) under which
the undersigned is obligated to repay monies to Lender:
1. U.S. Small Business Administration Note.
A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS UNDER
WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF ITS RIGHTS TO
PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY
LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY
WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST IT BY
CONFESSION PURSUANT TO THE TERMS THEREOF.
B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS
UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON,
ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF
THE JUDGMENT. BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO
OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS
TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE
PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED.
C. The undersigned certifies that a representative of Lender specifically called the confession of judgment provisions in
the above documents to the attention of the undersigned, and/or that the undersigned was represented by legal counsel in
connection with the above documents.
D. The undersigned hereby certifies: that its annual income exceeds $10,000; that all references to Athe undersigned-
above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the time of signing.
Dated: A
SABAB & SHIHAB, INC. DBA UNI-MART
- E?tn
Saifullah Bhuiya, President
u
Februar), 1'). 2008
Certified and Regular Mail
Sabab & Shihab Ine d/bta llni-Mart
4=17 Broad Street.
Montoursvi_lle, Pennsylvania 17751
Attention: SaifulIalr Bhuiya, President
RE: Loan 432235334/602664813
Dear. ,%Ir. Rhuiva
)'oil ;ire i:l cltl rctlt of yc7rrr obligati
or7s it) PNC Bank (the "Bank") Jor failure to make
paynlcrtts on the $225.000.00 loan (the "Loan-) as required in the Promissory Note that
evidences the 1.,oan and the Guaranty A reenrc nit(s) that secures the Loan. As a resent o;4'
the &fillult of your obligations to the Bank, the entire outstanding; amount ol`the Load has
been accelerated and is now due: and payable; immediately in full. The arnoums that arc
&C tine! payable to the Bank are as flollows:
Princir?al °x2()2,541.58
Interest S 7,69€1.38 (as of2/1 3/08)
Pate Charges $ 1.282.59
Total $211.522.55
Interest continues to aCCruc at the rime of $52.72 per day through the date on ? hic:h
payment is rmc,ived by the 1.3ank.
In addition to the amounts scat I'or-th above, You will be responsible t'or paym r ,
reimburserimit to the Bank for all attorneys' tees incurred or paid by (he 1 aW!
respect to this matter.
Please make crrr<rngenrc:nts for paymcnt in full of yt3ur obligatic}rrs to the liiirik by
contactinu the Bank, as follows:
Kyra L. /.oranski
Assistant 'ice. Pr"ident
201 Penn Aventic
?Cra nton, PA 18503)
Phone: (570 ) 961-6266
F,iv (570) 961-6240
. 0
P ague W
Neither this letter nor anything; contained herein waives, limits or otherwise affects
in any sway the Bank's rights to exercise and enforce its rights and remedies for
collection of your obligations to the Bank, all of which are reserved by the flank,
and remain in full force and effect, enforceable by the Bank at any time on or after
the date of this letter.
We look 6orward to receiving payment in full of your obligations to the Bank in the
immediate future. Otherwise. the Bank may have no alternative but to initiate colleetimi
proceedings,
It you hav(2 a.nv questions please call e at 570-961 -6266. 't'hank you in <lvllnce j r
VOW* c0olvnitiorl ill this Inatter.
:?It?Gtr4,ls',
i
Kv, a L. Zoranski
<%.Ss;kt Tilt Vico 1'res'ident
vc: Swnona Yeasmin. Guarantor
Solfu lab 1. huiva. Guarantor
n
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. D' - .230 Plaintiff v
v.
SABAB & SHIHAB, INC., DBA
UNI-MART,
Defendant
: CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 201
Penn Avenue, Scranton, PA 18503; and that the last known address of Defendant, Sabab & Shihab,
Inc., dba Uni-Mart, is 447 Broad Street, Montoursville, PA 17754.
Date: April, 2008
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
ru o gre Esquire
pr #248
48
1 ine Stret, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 68 -X34 i G ??
Plaintiff t ?1
V.
: CONFESSION OF JUDGMENT
SABAB & SHIHAB, INC., DBA
UNI-MART, :
Defendant PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that Defendant, Sabab & Shihab, Inc., dba Uni-
Mart, in the above-captioned action is not presently on active or nonactive military status.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April $ 2008 By:
eo S. Sh , Esquire
E S emeeCo ID #24848
100 Pin S eet, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. be Ci V C?
Plaintiff V.
SABAB & SHIHAB, INC., DBA
UNI-MART,
Defendant
: CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: NIA
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association.
Papers may be served at the address set forth below.
Geoffrey S. Shuff, Esquire
McNees Wallace & Nurick LLC
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April f, 2008 By: _
Geo S. Shuff, Esquire
reme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
CD -'.'0
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 0S -,23p7
Plaintiff
V.
SABAB & SHIHAB, INC., DBA
UNI-MART,
Defendant
: CONFESSION OF JUDGMENT
el'o ? L"-7??
PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Sabab & Shihab, Inc., dba Uni-Mart
A judgment in the amount of $232,713.43, plus interest, other expenses, fees and costs has been
entered against you and in favor of the plaintiff without any prior notice or hearing based on a
confession of judgment contained in a written agreement or other paper allegedly signed by you.
The sheriff may take your money or other property to pay the judgment at any time after thirty
(30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON
WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE, TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April , 2008 B /
Y:
eo . Shuff, quire
Su e Court #24848
00 Pine Stre , PO Box 1166
Harrisburg, A 17108-1166
(717) 237-5439
Attorneys for Plaintiff
L _.r,
Cy
Cam.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. Qg - a30? ?IU ?C?yyl
Plaintiff
V.
CONFESSION OF JUDGMENT
SABAB & SHIHAB, INC., DBA :
UNI-MART,
Defendant PREVIOUSLY ASSIGNED TO: N/A
To: Sabab & Shihab, Inc., dba Uni-Mart, Defendant
You are hereby notified that on , 2008, judgment by confession was
entered against you in the sum of $232,71 .43, in the a ove-captione ase.
DATE: A111 1f 0 4 44 ft"
Pr onotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
I hereby certify that the following is the address of the Defendant stated in the certificate of
residence:
Sabab & Shihab, Inc., dba Uni-Mart
447 Broad Street
Montoursville, PA 17754
Atte or Plaintiff
•r ? .k
A, Sabab & Shihab, Inc., dba Uni-Mart, Demandado(s)
Por este medio sea avisado que en el dia de de 2008, un fallo por admision fue
registrado contra usted por la contidad de $232,713.43, del caso antes escrito.
Fecha: el dia de de 2008
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Por este medio certifico que to siguiente es la direccion del demandado dicho en el
certificado de residencia:
Sabab & Shihab, Inc., dba Uni-Mart
447 Broad Street
Montoursville, PA 17754
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
V.
SABAB & SHIHAB, INC., DBA
UNI-MART,
Defendant
: DOCKET NO. 08-2309 Civil Term
CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. No. 2958.1(c)
Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears
and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No.
2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail,
return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified
mail is attached hereto.
Sabab & Shihab, Inc., dba Uni-Mart
447 Broad Street
Montoursville, PA 17754
Date: May 9 2008
r
Respectfully submitted,
McNees Wallace & Nurick LLC
By
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
7160 3901 9645 2641 0752
i Sabab & Shihab, Inc., dba Uni-Mart
T0.
447 Broad Street
Montoursville, PA 17754
i
i
i
i SENDER: Geoffrey S. Shull
REFERENCE: PNC Bank
i
i PS Form 3800 Janua 2005
I
t RETURN Postage
1 RECEIPT Certified Fee
SERVICE Return Receipt Fee
Restricted Delivery
Total Postage & Fees
US Postal Service
i POST ^ A?
?
Receipt for
?
iooa add
Certified Mail
i No insurance Coverage Provided
I
nal Mail
ii
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I
t .2
CJ
S'iF/
dy
or
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ema
o
Do Not Use
-------------------------- ------------ a,? 1
-----
2. Article Number
A. Received by (Please Print Clearly)
C.. Signature
7160 3901 9845 2641 0752 I-A Aft
X
MEMMOM
D. Is delivery addro rant from item
It YES, enter del ry address below:
.3. service Type CERTIFIED MAIL
4 Restricted Delivery? (Extra Fee) Dyes
i 1. Article Addressed to:
Sabab & Shihab, Inc., dba Uni-Mart
447 Broad Street
Montoursville, PA 17754 PNC Bank
B.
Addressee
Yes
No
Geoffrey S. Shuff
PS Form 3811, January 2005 Domestic Return Receipt
C'1 rs
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