HomeMy WebLinkAbout08-2316COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. p$- a31~ civi ( betrw
Plaintiff
v.
SUMONA YEASMIN and SAIFULLAH
BHUIYA,
Defendants
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 Defendants and confess
judgment in favor of the Plaintiff and against the Defendants 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 ~ 21,0
TOTAL: $232,713.43, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April ~'~, 2008 By:
Ge S. S ff, Esquire
reme Co 1D #2484$
100 Pine 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. 08 ~ a.31(o ~ ivi 1 -Te-r`n
Plaintiff ;
v.
CONFESSION OF JUDGMENT
SUMONA YEASMIN and SAIFULLAH
BHUIYA,
Defendants :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 Defendants, Sumona Yeasmin and Saifizllah Bhuiya, are adult individuals
whose last known address is 85-22 168` Street, Jamaica, NY 11432 (the "Defendants").
3. The Defendants executed and delivered to the Plaintiff a U.S. Small Business
Administration Unconditional Guarantee (the "Guarantee"), a true and correct photostatic
reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof.
4. Under the Guarantee, the Defendants guaranteed to the Plaintiff the payment of all
amounts due to the Plaintiff by Sabab & Shihab, Inc., dba Uni-Mart (the "Debtor") under 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 "B" and made a part
hereof.
5. The Defendants 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 "C" and made a part hereof.
6. The Debtor is in default of the Debtor's obligations to make payment to the Plaintiff
as required in the Note and the Defendants are in default of the Defendants' obligations to make
payment to the Plaintiff under the Guarantee. As a result of the Debtor's and the Defendants'
defaults, the Plaintiff has demanded payment of all outstanding amounts as provided in the Note,
which are now due and payable in full. A copy of the Plaintiff s demand dated February 13, 2008,
is attached hereto as Exhibit "D" and made a part hereof.
7. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
8. There has not been any assignment of the Guarantee or the Note.
9. Judgment has not been entered on the Guarantee in any jurisdiction.
10. An itemized computation of the amount due to the Plaintiff by the Defendants as a
result of the Defendants' defaults under the Guarantee 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 g~ ~ 1,~
TOTAL DUE: $232,713.43
11. 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
Defendants, Sumona Yeasmin and Saifullah Bhuiya, 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
maybe entitled.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April ~}, 2008 By;
Jeo e . S ff; Esquire
lu e Co ID #24848
00 Pine S eet, PO Box 1166
[arrisbur , 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.
SUMONA YEASMIN and SAIFULLAH
BHUIYA,
Defendants
CONFESSION OF JUDGMENT
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: C~ 1 ~ ~ ~-
PNC BANK, NATIONAL ASSOCIATION
3~ o S~'-
l1S Smell Bi do b et op
U.S. Small Business Administration
~.
UNCONDITIONAL GUARANTEE
SBA Loan # PLP 91682740-00
SBA Loan Name Uni-Mart
Guarantor Sumona Yeasmin
Saifullah Bhuiya
Borrower Sabab & Shihab, Inc.dba Uni-Mart
Lender PNC Bank, National Association
Date `f ~ G . (/3
Note Amount 225,000.00
1. GUARANTEE:
Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains
in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written
demand upon Guarantor. Lender is not required to seek payment from any other source before demanding payment from
Guarantor.
2. NOTE:
The "Note" is the promissory note dated ~(> - ~ L ~- !~ ~ in the principal amount of
Two Hundred and Twenty-Five Thousand- -------00/100 Dollars,
from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple
notes under a line of credit.
3. DEFINITIONS:
"Collateral" means any property taken as security for payment of the Note or any guarantee of the Note.
"Loan" means the loan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
SBA Form 148 (10!98) Previous edRions obsolete.
Page 1!5
Bankers Systems, Inc., St. Cloud, MN
4. LENDER'S GENERAL POWERS:
Lender may take any of the following actions at any time, without notice, without Guarantor's consent, and without
making demand upon Guarantor:
A. Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note;
B. Refrain from taking any action on the Note, the Collateral, or any guarantee;
C. Release any Borrower or any guarantor of the Note;
D. Compromise or settle with the Borrower or any guarantor of the Note;
E. Substitute or release any of the Collateral, whether or not Lender receives anything in return;
F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without
advertisement;
G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and
H. Exercise any rights it has, including those in the Note and other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LAW:
When SBA is the holder, the Note and this Guarantee will be construed 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 using such procedures, SBA does not waive any federal immunity from state or
local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law
against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law.
6. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES:
To the extent permitted bylaw,
A. Guarantor waives all rights to:
1) Require presentment, protest, or demand upon Borrower;
2) Redeem any Collateral before or after Lender disposes of it;
3) Have any disposition of Collateral advertised; and
4) Require a valuation of Collateral before or after Lender disposes of it.
B. Guarantor waives any notice of:
1) Any default under the Note;
2) Presentment, dishonor, protest, or demand;
3) Execution of the Note;
4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration,
intent to accelerate, assignment, collection activity, and incurring enforcement expenses;
5) Any change in the financial condition or business operations of Borrower or any guarantor;
6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under the
Note; and
7) The time or place of any sale or other disposition of Collateral.
C. Guarantor waives defenses based upon any claim that:
1) Lender failed to obtain any guarantee;
2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral;
3) Lender or others improperly valued or inspected the Collateral;
4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured;
SBA Form 148 (10/98) Prev(ous editlons obsolete.
Page Z!5
Bankers Systems, Inc., St. Cloud, MN
5) Lender impaired the Collateral;
6) Lender did not dispose of any of the Collateral;
7) Lender did not conduct a commercially reasonable sale;
8) Lender did not obtain the fair market value of the Collateral;
9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the
Note;
10) The financial condition of Borrower or any guarantor was overstated or has adversely changed;
11) Lender made errors or omissions in Loan Documents or administration of the Loan;
12) Lender did not seek payment from the Borrower, any other guazantors, or any Collateral before demanding
payment from Guarantor:
13) Lender impaired Guarantor's suretyship rights;
14) Lender modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the
Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable
for the increased amounts and related interest and expenses, but remains liable for all other amounts;
15) Borrower has avoided liability on the Note; or
16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents.
7. DUTIES AS TO COLLATERAL:
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve
or dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under this Guarantee, Guarantor includes heirs and successors, and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee,
including, but not limited to, attorney's fees and costs.
B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a
co-guarantor with Guarantor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is
paid in full.
D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor aze jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor 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.
F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or
together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the Note or this Guarantee, or to raise a defense to this Guarantee.
I. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect.
J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the
Loan.
SBA Form 148 (10!98) Previous edkions obsolete. Page 315
Bankers Systems, tnc., St. Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
PA GUARANTY 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 HOLDER HEREOF
FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF 10%
OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS
GUARANTY 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 MAYBE 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 Guaranty will be interpreted and the rights and liabilities of the parties hereto
determined in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws rules. The
Undersigned hereby irrevocably consents to the exclusive jurisdiction of the Courts of Common Pleas of the
Commonwealth of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania; provided
that nothing contained in this Guaranty 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 property 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 both 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 under this
Guaranty. The Undersigned agrees that service of process in any such proceeding may be duly 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 GUARANTY, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR
ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
SBA Form 148 (10/98) Previous edklons obsolete. Page 4/5
Bankers Systems, Inc., St. Cloud, MN
11. GUARANTOR ACKNOWLEDGMENT OF TERMS.
Guarantor aclrnowledges that Guarantor has read and understands the significance of all terms of the Note and this
Guarantee, including all waivers.
12. GUARANTOR NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated as Guarantor under this Guarantee.
Saifullah Bhuiya
VL ~~J ~ ~ ~ Y~•L V ~ ~v S
Sumona Yeasmin
SBA Form 748 (10/98) Previous editions obsolete. Page 5/5
Bankers Systems, Inc., St. Cloud, MN
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U.S. Small Business Administration
~ NC3TE
SBA Loan # pl,p gi6$2740-00
SBA loan Herres t3ni-Mtirt
oats ~~ ~' 007 G `!15'~
Loan Amount 225,000.00
Interes# Fiat9 The interest rata on ttti5 not mill fluctuate resul8ng~ in an initial interest rate of 8.009b.
Borrower 5abab & Sh~b, Irtt:.dba tkt6Mart
Operating
Company
Le~sr PNC Bank, htational AssoCiaUon ~ ~~~~~
t. PRt?iN1S8 TO PAY:
In return for the t.oan, Horrower promises to pay to the order of Lender the amount of
Two Hundred and Twenty=1=ive Thousand 100 [ksllan, ~
interest on the unpaid principal balance, and alt t-thtr amounts required by this Nntc.
2. DI7FtNiTIflNS:
"Collateral" means any property talten as security for payment of this Note or any guarantee of this l+lote.
"Gvaranter" means tech person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Moto.
"Loan Documents" moans the docerrntnis related to this loan signed by Bt~xwwer, gray Guarantor, ar anyone who
pledges coilatcral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
SBA form ta7 #t>OJQ3:02? Varsbn 4,1
Page tt8
Bankers Systems, Inc., St. Claud, MN
~x~.:~t-r «~~~
,.
3. PAYMENTTa~itMS:
Sorrvwer must rnatce ail psymmts at the: peace Lender des#gnates. The payment temrs for this Noce are:
This Note III mature in t0 years from data of Note.
The interest rate on this Noce w#il guctuata. The init'rai interest rate is 9.tN?9'o per year. This in#tial rate is the prime
rata ate the date SBA received the loan applicat#on, plus 2.2596. The tnh3at #nterest rate must remain in effect until
the first change period begins.
Borrower must pay principal and Interest payments of $2,t35Q.2t) every month, beginning one month from the month
this Note is dated; payments must bs made ~ the first calendar day En the months they are due..
Lender wfii apply each installment payrr>ent first to pay interest acaruusd to the day Lender receives the payment,
then to bring prtnc#pai current. then to pay any tote flees, and +roiti a~iy any remaining balance tc reduce the principal.
i The interest rate w~l be adjusted quarterly (the `change period"~.
The 'Prime Rate° is the prime rate in effect on the first business day o1 fhe month #n which an interest rate charge
occurs, as published In the Waii Street Journal on the next business day.
The adjusted interest rats wi3i be 2.25% above the Prime Rate. Lender w'rq adjust the interest rate an the first
calendar day of each change period. The change in interest Tale is etfsctive on that day whether or not tender gives
3orrower notice of the change.
Lender must adjust the payment amount at feast annually as needed to amortizs principal over the remaining term ~
of ~e note.
if SBA purchases the guaranteed portion of the unpaid principal balance, the interest rats becomes fixed at the rate
in effect at the time of the earl#est uncured payment default. if there is no uncured payment de#ault, the rate
becomes fixed et the rate in eff~;t at the time of purchase.
Notwithstanding any prov#sion in this Note to the contrary;
Borrower may prepay this Note. Borrower may pn3pay 2D percent tar less of the unpaid principal balance st any time
w#thout notice. If Borrower prepays more than 20 percent and the Loan has been sak! an the secondary market.,
Borrower must: {a. j Give Lender written notice; (b.} pay all accrued Interest: and ;c.) If the prepayment is received
less than 2t days from the date Lender receives rho notice, pay an amount equal to 21 days' interest from the date
Lender receives the rwtlca, teas any interes# accrued during the 21 days and paid under subparagraph b., above, if
Borrower does not prepay wtihin 3t) days from the date Lender receives the notice, Borrower must glue lender a
new notice.
AJi remaining principal and accrued interest is due and payable t t) years from date of Note.
Late Charge: t# a payment an this Note #s mars than it1 days late,. Lender may charge Borrower a late ige of up to
5% of the unpaid portion of the regutarty scheduled payment.
St4A Fomf N7 {flN09Jp2) Vwsbn 4.f
rage 2t6
Bankers 5yst2ms, inc., 5t. C1bud, MN
A. DEfAtJLT:
Borrower is in default under tlsis 'Note if Borrower does oat make a paym~ti whin due undo this Nete, ar if Borrower
or Operating Company:
A. Faits to da anything trxluirtd by this Note and other Loan Dncumerrts;
B. Defaults on any other loan with Lcmiez;
C. Dt>es not preserve, nr account to Lender's satisfaction Far, any of the Collateral ar its proceeds;
D. Doss not disclose, or anyone acting on their behalf does oat disclose, any rrtaterial fact to Lender or SBA;
E. Makes, ar anyone acting an their behalf makes, a materially false or misleading rcproscntatian to t.,cr-dcr or SBA;
F. Defaults on any loan or agret;mcnt with another ctrditar, if Lender bclitves the default may materially affect
Borrower's ability to psy this Nato;
O. Fails to pay any taxes when due;
N. Btctsmes the subject of a proceeding under any bankruptcy or insolvency taw;
1. Has a receiver or liquidator appointed far any part of their business ar property;
J. Makes an assignment far the benefit of creditors;
K. Has any adverse change in financial condition ar business operation that Lander bclievts may materially affect
Borrawtr's ability to pay ibis Nnie;
L. Rtarganizes, merges, consolidates, ar otherwise changes ownership or business structure without Lender's prior
written consent; or
M. $ecamcs the subject of a civil or criminal aczian that Lender believes may materially affect Borrower's ability to
pay this l+iote.
S. LENDER`S RI(;kl"PS tF "1'HERB IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require imrnediats payment of ail amounts awing under this Kota;
B. Collect all amounts awing from any $nrrawer or Guarnntor;
C. file suit and obtain judgment;
D. Take passessian of any Collateral; ar
E. Sell, lease, ar nthcnvisc dispose of, any Collateral at public ar private sale, with ar without advertiscrr,tnt.
6. LENDER'S GL;N;yRAL POWERS:
Without notice and without Borrower's cansen; Lender may:
A. Bid tm or buy the Collateral at its sale ar the sale of another litnholdcr, at any price it cheeses;
B. Incur expenses io catlect amounts dut under this Nett., enforce the terms ofthis Note or any ether Laan
Document, and preserve or dispose of the Collateral. Among other things, the expenses tray include payments
for property taxes, print liens, insurance, uppraisuts, environrnenta! remediatian costs, attd rcasanablc attorney's
fees and costs. If Lender incurs such expenses, k may demand immediate repayment from Borrower or add the
expenses to the principal balance;
C. Reirasc anyant obligated to pay this Nate;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral oc collect amounts awing on this Notc.
S9A Pam ~A7 (fN9NaA}~ Verson ~. f Aoge
Bankers Systems, inc., St. Claud, MN
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7. WHEN FEDERAL LAW APPLIES:
When 56A is tine holder, this Nate will be interpreted and ~tforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording docurntnis, giving notice, foreclosing
lienx, and ether purposes. By wing such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability. As to this Note, Borrows may not claim or assert against SBA any local or stazc law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIt3NS:
Under this (Vote, Borrower and Operating Company include die successors of each, and Lender includes its successors
and assigns.
9. GENERAL. PROVISIONS:
A. Ali individuals and entities signing this No#t arc jointly and severally liabla
U. Borrower waivts aN suretyship defenses.
C. Borrower rrsust sign ail doouments necessary at any time to comply with the Loan Documents and to enable
Lender to acquire, parftet, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately pr together, as many times and sn any order iz chooses. itndtr
may delay or forgo enforcing any of its righu without giving up any of them.
E. Borrower may not use an oral statement of Lender or S13A to contradict or alter the writztn teens of this Nate.
>`. If any part of this iVnte is unenfat~ceablc, ail other patts remain in effect,
G. To the extent allowed by law, Borrower waivts all demands and notices in conntxtion with this Nozc, including
prestntmcnz, dcanand, protest, and notice ofdishonor. Borrower also waives any defensex based upon any claim
that Ltrtdcr tiid not obtair. any guarantee; did not obtain, perfect, or maintain a lien. upon Collateral; impaires~
Collateral; or dill not obtain the fair market value oCCollateral at a salt.
i
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58A Form ta7;OtfP03rt12} Vsraton a.y ~ ~~
~ Bar7ktua Systems, Inc., St. C:o;~d, iviN
la. STATE-SFECIPtC ~~pVISIONS:
PA CONFESSION ~ JUDGMENT
1. POV1fFU2 TO CONFESS JUDGMENT, UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT 4F RECpFip. AT ANY TIME AFTER THE pCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO
APPEAR FOR THE IMVDERSiGNED AND, WITtI OR WITHOUT COMPLAINT FILED, CCNUFESS JUDGMENT., OR A
SERIES OF JtlDOMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HpLf7ER
HEREOF FOR THE ENTIRE PRtNCiPRL BALANCE OF THIS NOTE, All ACCRUED INTEREST AND ALL OTHER
Ah1pUNTS Dt1E HEREtNVDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S tX7~ildtiSSiON OF tt?96
OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING Sp,
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WANES AND RELEASES ALL ERRORS IN SAID PROCEEDlNG5 ANp ALL RIGHTS OF
APPEAL AND ALL RELIEF FROM ANY AND ALL APPW4ISEMENT, STAY pR EXEMPTION LAWS OF ANY STATE
NOW iN FORCE OR HEREAFTER ENACTED.
JUDGMENT MAY BE CONFESSED FROAA TIME TO T1M)r UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SINGLE EXERCISE OF THE Ft3RECiOING POWER TO CONFESS JUDGMENT, OR A SERIES
OF JUDGMENTS, SHALL 8E DEEMED TO EXHAUST THE F'pWER, WHETFtER OR NOT ANY SUCH EXERCISE
SHALL BE HF1D BY ANY COURT TO BE INVALID, VOIDABt.E, OR VOID, BUT THE POWER SHALL CONTINUE
UNDIMINISHED AND Pt MAYBE EXERCISED FRAM TIME TO TIME AS OFTEN AS THE (ENDER SHALL ELECT
UNTIL SUCH T1ME A8 THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST,
COSTS AND FEES.
2. Gavsmir7g Law; Jurisdiction. `Phis Note will be interpreted and the tights and kabiiitias of the Par2les harety
determined in accordance w#h tfie laws Oi the Commonwealth of Pennsylvania, axciudlrxJ its conflict crt taws ales.
The Undersigned hereby irrevoCabiy cor7&ents to the exdusiva jurt$diciian of the Courts of Common Ptsas of th$
Comnxmweaith of Pennsylvania and the United Status Dlstric# Court far the Eastern District of Penrtsyivania; Provided
that nothing contatnetl to this Nate will prevent the Lender ar any hoidar fisreof from txinging any action, enforcing any
award or judgment or exercising er7y rights a9alttst the Undersigned, against any security or against any Property of
the Unders~n~t wtihln any other county. state or other taraigr7 or dn+nestta jurisdictior7. The Underaigr7ed agrees that
the versus pratided strove fs the most canvenienk forum far bath the Lender and the Undersigned and the Und~s~nad
waives any objection to venue and any abjection based on a more camranltmt fonltn in any acik7n instituted 7u7dar this
Nate. The tJrxtarst®ned egrt~ea that servfoe of P-gC855 in any st~h proceeding rney b8 duty effected upon tt7a
Undersigned by mailing a copy thereof by ragis#ered mail, postage Prepaid, to the Undersipn79d.
~ 3. WAVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY ANO ALL RIGHTS THE
UNDERSIGNED MAY HAVE Tp 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 pR ANY
TRANSACTtpN CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES THAT
THE FOREGOING WAVER IS KNOWING ANO VOLUNTARY.
$9A Farm 747 {t>t31'J3eg2) Vetipt7 A.7
PB~e bib
Bankers Sy$iems, Inc., St. Cloud, MN
I ;. BORRz7WER'S NAME(S) AND StGNATUR${S):
By signing below, tech individual ar esstity becomes obligated under this Note es Borrower.
Sabab $ 5hihab, lnc.dba tlnl-Mart
Saituliah Bhu~ya, Rresdent °-
SP,A fam tee {tblD~+G2} Verskkut •,t
aays ere
BankQrs Systems, lnt„ Sd. Cloud, MN
Disclosure for Confession of Judgment
(Guarantior)
Undersigned: SUMONA YEASMIN
SAIFULLAH BHUIYA
85-22168 STREET
JAMAICA, NY 11432
Lender: PNC BANK, NATIONAL ASSOCIATION
8800 TINICUM BOULEVARD
PHILADELPHIA, PA 19153
PNCl~A1~T][~
ego CCU
The undersigned has executed, and/or is executing, on or about the date hereof, a US Small Business Administration Guaranty
and Commercial Guaranty, in respect of the obligations owed to Lender by SABAB & SIiIHAB, INC. DBA UNI-MART
under which the undersigned is obligated to repay monies to Lender.
A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS 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, TIIE 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 DOCUMENT CONTAINS PROVISIONS
UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARIIVG, FORECLOSE UPON,
ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWLSE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF
THE JUDGMENT. BEIlVG 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 1TS 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 document to the attention of the undersigned, and/or that the undersigned was represented by legal counsel in connection
with the above document.
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: .~ ~ , U .5
Sumona Yeasmin
Sai ah Bhuiya
C:\DOCUME~1\FE2040~1.PNC\LOCALS~1\Temp\notes97E53A\conf:guarantor.doc Form 9C - PA Rev. 3/99
l~ebruar) I ~, 2t)t}~
C'ertificd a,ad Rc~ular Mail
~abrzb & Shi.hab Irlc cUlala t~ni-Mart
~7 13ruar~ street
Manfiraursville, !'enrasyivania 1775
~ttentican: Saiftlllah I3huiya, President
l~l~;: l.,taan t~~??;533G3!'6t12664813
C)r;rzr Mr, l:3hu~i~~~a
Ycau rtrt: in del-~IUft ral~ ytazlr cahlicittiot~s tea PNC' Bank {the "Bank"j #car #ailurc tt> IYlztf«:
Paymrnts tart the. ~2~~,()t}t7.!)~? ftaan (the `;1.,oan'') as reyuiz•td in the 3'rrrrnis5crrr, Nt:at~: tlaai
evidt~nce:~ the.. l.,taan alld tlztr Citraranty~ fl~;reemc:nt(s) th4tt Secures the. I,raarl. its a resillt ai`
the deftiuli taf yt>ztr cal~l~~ztions eta the }3tlnk, the entire tautstandin~, amount ta:f`ihe 1,tzara h~I*5
taeen tlccelerwzted cznd is ntaw clue. and payable imt~acdiately in full.. 'l"hc amral its that are.
due *IrI<] pGryKzl?le eta the Bank are rIS ftallra~~~s:
Prins ipzzl $2{)?,:i=31.58
llltt:rt'st ~ 7,fi~A.38 (its crf"?<'1 ~1C)8)
~.,cltti', C.'harge~ ~..... ~, ~~'~.~~
a.W~_ ... ._.
1'tataf ~?1 1,5'?2.tiJ
]ntert~~t co<xtirrues tea accrue ztt the rtrtc ca3~ ~i52.72 per day thrtau~h tttc date. an ~~~lticll
la~I~~nacrat is recci~~ed b}- the .1:3<Ilak•
!n rJdditital7 eta tll~ rllnounts set ffarth zaljotpe, ye7u ~~ill be res3aansiblc; fear payment rar
rc:in}btlrstrnt;nt icy the;. 13~zttk fear xtll clttrarney°s' fees incurred tar p~Iid by the 13alak with.
res°pet era this matter.
1.>Iczzsc rtzake arran~eme.rtts fear laraynac;nt in fill] of yraur tabligatic~rzs eta the I3zznk by
ccatatactin~ the 1~3azak.~ as ftalle~ws: '
fiy°ra !'. '/.caranski
,Assistant Vi%e 1`'resident
?t)1 t'cnn r~velaElt:
S~:rantc>tr, I',A 1$50a
i'}rr~rrc: {57t1) 9fil-(i?fifi
~~<t£;G
,'~lcithcr this letter nar an~7thing contained herein waives, limits or zztlierw~ise affects
in angr way the ~3ank's rights to exercise and enforce its rights and renitdies far
collection of pour obIlgatians to the Bank, all of which arc reserved b~~ the Bank,
and remain in full farce and effect, cnforeealale lay the Bank at any tinYC Un zzr after
the date oCthis letter.
~c in«k fi>r~%az•d to rec~;ivirzg payment iza ~Ctiill cif yt~ur t7lali~;atic~.ns to the 1~~u~zk izz the
irnzlacziiaiz futtirc. C)therw•isc. the hank rrzay 13ave nca alterndti~~e bui tzz izziti~tle cczllcctic~n
prcyc~ eiliz7.;s.
If y~~tz ha~•t: an}• tiucstic~ns p~cn.~e c~zil me ~~t S7t)-<)~i 1-f2C~6. 'I"tzank vc>tz in Gztiv~znce tc~r
yrzzur cat~fscrrzticaz~t in this naa~i~tcr•.
~irlczrcly,
_. ~"~
~,
Kyrt f. ltarztnski y~
;hs:;ist€zn Vice l're~~td'i:;nt
cc: Sutzic~nn '!'c:asrnn, ~ruarantc~r
5~iiiuilal~ f3huiva, Ciuarantc?r
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. Oa- a$[4o C ivil `TP,tww..
Plaintiff
v :CONFESSION OF JUDGMENT
SUMONA YEASMIN and SAIFULLAH
BHUIYA,
Defendants :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 Defendants, Sumona
Yeasmin and Saifullah Bhuiya, is 85-22 168' Street, Jamaica, NY 11432.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April ~, 2008 gy;
eoffr h ,Esquire
e Court ID #24848
100 Pine Street, 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. ~ - a31~ ~vV~l `C,P,rn,~,
Plaintiff
v.
SUMONA YEASMIN and SAIFULLAH
BHUIYA,
Defendants
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that Defendants, Sumona Yeasmin and Saifullah
Bhuiya, in the above-captioned action are not presently on active or nonactive military status.
Respectfully submitted,
Date: April ~, 2008
McNees Wallace & Nurick LLC
By:
;~ey S. uff, Esquire
reme ourt ID #24848
100 Pi Street, 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. (~- a 31(p l~ i v~I 1 cr r•,
Plaintiff
v.
CONFESSION OF JUDGMENT
SUMONA YEASMIN and SAIFULLAH
BHUIYA, :
Defendants :PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Sumona Yeasmin and Saifullah Bhuiya
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.
t,~ •~•
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 i, 2008 By
ey S. S ff, Esquire
upreme C rt ID #24848
100 Pine street, 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. 08- 013[ C' iv:l Tcr
Plaintiff w
v.
SUMONA YEASMIN and SAIFULLAH
BHUIYA,
Defendants
:CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
To: Sumona Yeasmin and Saifullah Bhuiya, Defendants
You are hereby notified that on ori.~ II , 2008, judgment by confession was
entered against you in the sum of $232,713.43, in the above-captioned e.
DATE:
Pr thonotary
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 Defendants stated in the certificate of
residence:
Sumona Yeasmin and Saifullah Bhuiya
85-22 168`h Street
Jamaica, NY 11432
M-a
A, Sumona Yeasmin and Saifullah Bhuiya, Demandado(s)
Por este medio sea avisado que en el dia de de 2008, un fallo por admision fine
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 PARR 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:
Sumona Yeasmin and Saifixllah Bhuiya
85-22 168' Street
Jamaica, NY 11432
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. OB .. 0131(0 ~ivil -Tp.r'^"'
Plaintiff
v.
CONFESSION OF JUDGMENT
SUMONA YEASMIN and SAIFULLAH
BHUIYA,
Defendants :PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association.
Papers maybe 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 ~, 2008 By
y . Sh ,Esquire
Supreme Co ID #24848
100 Pine S eet, PO Box 1166
Harrisbu g, PA 17108-1166
(717)237-5439
Attorneys for Plaintiff
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