HomeMy WebLinkAbout10-4143COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION 04
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. ?b 4143
Plaintiff
V. CONFESSION OF JUDGMENT
ADEL ABBAS,
Defendant PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original cW ol*
which is attached to the Complaint filed in this action, I appear for the Defend d cffes
judgment in favor of the Plaintiff and against the Defendant as follows:
a. Principal $172,333.04 O?
b. Interest to June 2, 2010 $ 7,195.09 r~
C. Late Charges $ 2,113.72
d. Attorneys' Fees $ 17,952.81
TOTAL: $199,594.66, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June 2010 By:
ff ey S. uff, Esquire
Su eme ourt ID #24848
0 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. to - 4143 C jVjt j
Plaintiff
V. CONFESSION OF JUDGMENT
ADEL ABBAS, z
Defendant PREVIOUSLY ASSIGNED TO:
?<
COMPLAINT FOR CONFESSION OF JUDGMENT' --i
UNDER RULE 2951 r.0
to
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 1600 Market Street, 11 th Floor, Philadelphia, PA 19103 (the "Plaintiff
2. The Defendant, Adel Abbas, is an adult individual whose last known address is 42
Country Drive East, Staten Island, NY 10314 (the "Defendant').
3. The Defendant 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 Defendant guaranteed to the Plaintiff the payment of all
amounts due to the Plaintiff by AAA Convenience, Inc., dba Uni-Mart (the "Debtor") under a U.S.
Small Business Administration Note dated April 15, 2005, in the original principal amount of Three
Hundred Three Thousand Eight Hundred Dollars ($303,800) (the "Note"), a true and correct
photostatic reproduction of the original of which is attached hereto as Exhibit "B" and made a part
hereof.
I
5. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
6. There has not been any assignment of the Guarantee or the Note.
7. Judgment has not been entered on the Guarantee in any jurisdiction.
8. The Debtor is in default of the Debtor's obligations to make payment to the Plaintiff
as required in the Note and the Defendant is in default of the Defendant's obligations to make
payment to the Plaintiff under the Guarantee. As a result of the Debtor's and the Defendant's
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 Plaintiffs demand dated November 18, 2009,
is attached hereto as Exhibit "C" and made a part hereof.
9. An itemized computation of the amount due to the Plaintiff by the Defendant as a
result of the Defendant's defaults under the Guarantee is as follows:
a. Principal $172,333.04
b. Interest to June 2, 2010 $ 7,195.09
C. Late Charges $ 2,113.72
d. Attorneys' Fees 17952.81
TOTAL DUE: $199,594.66
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 (2.250/o), adjusted monthly.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendant, Adel Abbas, in the amount of One Hundred Ninety-Nine Thousand Five Hundred
Ninety-Four and 66/100 Dollars ($199,594.66), 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 monthly, 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: June/72010 ByEsquire
ID 424848
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
ADEL ABBAS,
Defendant PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Jay H. Jennison, Relationship Manager 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.
PNC BANK, NATIONAL ASSOCIATION
Date. 17 )0/0 By.
Jay . J s n
(Page 1 0.i 5)
S
U.S. Small Business Administmflon
UNCONDITIONAL GUARANTEE
SBA Loan # PLP 87820940-00
SBA Loan Name Uni-Mart
Guarantor Adel Abbas
Borrower AAA Convenience, Inc. dba Uni-Mart
Lender PNC Be* National Association
Dade
Note Amount 303,800.00
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 Rill. 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 rote dated in the principal amount of
Three Hundred Three Thousand Elght Hundred 001100 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 ofthe United States of America
SBA Form 148 (10198) Pmvbua edMons obwWe. Pane ifs
Bankers Systems, Inc., St. Cloud, MN
(Page 2 ON 5)
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 ofthe Note or any other Loan Document except to increase the amounts due under the None;
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 oi, 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 Lander.
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 by law,
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
Tj 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 (IM) PrVAM edMbns ONOWS. Pop 215
Bankers Systems, Inc., St Claud, MN
(Page 3 Qf 5)
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 guarantors, or any Collateral before demanding
payment from Guarantor:
13) Lender impaired Guarantor's suretyship rights;
14) Leader 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 heir; 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 arc 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.
0. 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
1. 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 Forth 148 (I Nab) Previous edaons obsolete. Page a5
Bankers Systems, Inc., St. Cloud, MN
(Page 4 of 5)
10. STATE-SPECIFIC PROVISIONS:
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 COURTTO 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 Laver, Jurfsdiction. This Guaranty will be interpreted and the rights and liabilities of the parties hereto
deterrnined in accordance with the laws of the Commonweath 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 duty effected upon the
Undersigned by mating a copy thereof by registered mall, postage prepaid, to the Undersigned.
3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WANES 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 M CONNECTION WITH THIS GUARANTY OR
ANY TRANSACTION CONTEMPLATED W ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
SBA Forth 148 (IQW) Previous edf m obsolete.
Peps 4M
Bankers Systems, Inc., St Cloud, MN
(Page 5 of 5)
11. GUARANTOR ACKNOWLEDGMENT OF TERMS.
Guarantor acknowledges 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.
Adel Abbas
SBA Form 148 (to188) PieWous adllan obso ebe. Paps am
Bankers Systems, Inc., St. Cloud, MN
(Page 1 or 7)
us ex ?, t
U.S. Small Business Administration
NOTE
SBA Loan # PLP 87820940.00
SBA Loan Name Uri-Mart
Date _ ? J
Loan Amount 303,800.00
Interest Rate Floating at WSJ Prime plus 2.25% resulting in an initial rate of 8.00%
Borrower AAA Convenience, Inc. dba UnWart
Operating
Company
Lender PNC Bank, NaWnal Association
1. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
Three Hundred Three Thousand Eight Hundred 100 Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" means any property taken as security for payment of ft Note or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means 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 States of America.
BSA Forth 147 (OeSUM Venice 4.1
Pape 116
Bankers Systems, Inc., St Cloud, IMN
(Page 2 of 7)
3. PAYMENT TERMS:
Bwower must make all payments at the place Lender designates. The paymerrt terms for this Note are:
This Note MI mature In 10 years from date of Note.
The interest rate on this Note will fluctuate. The initial interest rate is 8.00% per year. This initial rate is the prime
rate on the date SBA received the loan application, plus 2.26%. The initial interest rate must remain in effect until
the first change period begins.
Borrower must pay interest on the disbursed principal balance, plus principal of $2,531.67 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 monthly (the "change period").
The "Prime mate" is 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 Joumal on the next business day.
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 must adjust the payment amount at least annually as needed to amortize principal over the remaining term
of the note.
If SBA 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 prepaya 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, leas any interest accrued during the 21 days and paid under subparagraph b., above. N
Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must ghre 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
5% of the unpaid portion of the regularly scheduled payment.
• • ••.....?. I..wvwuf) vC1>•q l %A
Paps 2A
Bankers Systems, Inc., St. Cloud, MN
(Page 3 Of 7)
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;
B. 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 SBA;
E. Makes, or anyone acting on their behalfmakes, a materially false or misleading representation to Lender or SBA;
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;
0. 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 property;
J. Makes an assignment for the benefrt 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;
L. 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 action 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. Bid on or buy the Collateral at its sale or the sale of another Iienholder, at any price it chooses;
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. Take any action necessary to protect the Collateral or collect amounts owing on this Note
SBA Form 147 (061=02) Versbn 4.1
Page we
Bankers SystemB, Inc., St. Cloud. MN
(Page 4 of 7)
7. WHEN FEDERAL LAW APPLIES:
Whcn 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 using such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this i 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. Borrower waives all suretyship defenses.
C. Borrower must sign all documens 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.
B. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect.
0. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale.
i
i
SBA Form 147 (gala =) Venbn 4.1
Page 419
Bankers Systems, Inc., St. Cloud, MN
(Page 5 of 7)
10. STATE-SPECIFIC PROVISIONS:
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 NOTE, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF 100
OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEYS FEE, AND FOR DOING SO,
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WANES 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, SHAD. 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
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 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 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 fonun In any action Instituted under this
Note. The Undersigned agrees that service of process in any such proceeding may be duly effected upon the
Undersigned by malting 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 IS KNOWING AND VOLUNTARY.
88A Form W (OB OMM I
Pape bl8
Bankers Systems, Inc., St Cloud, MN
(Page 6 of 7)
11. BORROWER'S NAME(S) AND SIGNATURE(S);
By signing below, each individual or entity becomes obligated under this Note as Borrower.
AAA Convenience, Inc, dba Lini-Mart
i
r l
See signature page attached
SBA Fo-147 (OaWW) VWdOR 4,1
Papeem
Bankers Systems, Inc.. St. Cloud, MN
(Page 7 of 7)
4 1 .
SIGNATURE PAGE
AAA CONVENIENCE, INC dba
UNT-MART
GED ABDELMALEK, PRESIDENT
ADEL AS, VICE SIDENT
EA-RA-NA ALLA,
SECRETARYITREASURER
?isd?
PNCBANK
November 18, 2009
VIA CERT IED AND RFri A12 nr A TT
AAA Convenience, Inc. dba Uni-mart
1004 Wesley Drive
Mechanicsburg, PA 17055
Attention: Maged Abdelmalik, President
Adel Abbas, Vice President
Hanan Awadalla, Secretary/Treasurer
RE: DEMAND FOR PAYMENT
Ladies and Gentlemen:
As ou know
- Y ,AAA Convenience, Inc. dba Uni
PNC Bank, National -mart (the "Borrower") is obligated to
Association (the "Bank") for the following (the "Obligatioace
rtain
evidenced SBA by a guaranteed term certain loan Note in the original principal amount of $303,800.00 (the "Term Loann as
(the "Term Note") from Bo
'rower to the Bank dated April 15, 2005.
A listing of the current principal balance and accrued interest and late 'charges owin as
of the date immediately prior to the date of this letter for the Obligation and a per diem is g
enclosed with this letter as Exhibit "A".
As you know, the Obligation is currently past due from the Borrower's failure to timely
pay principal and interest payments for the months of September, October, and November 2009.
With this letter, we DEMAND IMMEDIATE PAYMENT of all sums owing to us under the
Obli ation.
If we do not receive outlined in Exhibit A lus payment
in full in immediately available funds of the amounts
P per diem interest by the close of business on November 26, 2009 or if
we have not agreed in writing upon an acceptable payment plan for the payment of the
Obligation with the Borrower by that date, we will consider taking all actions we deem
appropriate to collect the Obligation and protect our collateral.
cc: Maged Abdelmal k, Guarantor-VIA CERTIFIED AND REGULAR
Adel Abbas, Guarantor- VIA CERTIFIED AND REGULAR MAIL MAIL
Hanan Awadalla, Guarantor- VIA CERTIFIED AND REGULAR MAIL
Cyd B. Wolf, Esquire
EXHIBIT A
Obli¢ation#
Principal
Interest
Late Charge
Prepayment Fee (if applicable)
Total
Per Diem
TERM LOAN
602537012
$174,506.44
$ 2,877.27
$ 1,006.81
$ 0.00
$178,390.52
$ 26.30
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 10 - y ?cF3 l.:ivi l TerM
Plaintiff
V. CONFESSION OF JUDGMENT
ADEL ABBAS,
Defendant 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 may be served at the address set forth below.
Geoffrey S. Shuff, Esquire
McNees Wallace & Nurick LLC
100 Pine Street, PO Box 1166 z
Harrisburg, PA 17108-1166
(717) 237-5439
co
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June ? 2010 By:
ey . Shuff, Esquire
S r Court 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. 10 - 4143 leiu; L`?,fM1
Plaintiff
V. CONFESSION OF JUDGMENT
ADEL ABBAS,
Defendant PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
ca
I do certify, to the best of my knowledge, that the Defendant in the above- on& ac
Z I?
Adel Abbas, is not presently on active or nonactive military status.
.Q
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June/ 2010 By:
4Shuff , E uir e
urt 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,
Plaintiff
V.
ADEL ABBAS,
Defendant
DOCKET NO. 10 - 4145
CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO:
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of the Plaintiff, PNC Bank,
A=
4
ty
-o
3 =
4242 Carlisle Pike, Camp Hill, PA 17011; and that the last known address of the Defendant,
Adel Abbas, is 42 Country Drive East, Staten Island, NY 10314.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June /7 2010 By:
ey s huff, Esquire
fpp7ren ourt ID #24848
100 me Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
4r
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 10- 4 143 Ct vi t -M
Plaintiff
V.
ADEL ABBAS,
Defendant
CONFESSION OF JUDGMENT
• a
PREVIOUSLY ASSIGNED TO:
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0
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NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Adel Abbas
FE
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w;
jr
A judgment in the amount of $199,594.66, 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 alle edl signed b
The sheriff may take your money or other property to the 'ud g y Y You.
(30) days after the date on which this notice is served on pay o. gment at any time after thirty
You may have legal rights to defeat the judgment or to prevent your money or property
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.
V
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June a, 2010
By:
G S. uff, Esquire
preme „ ourt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for plaintiff
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
I hereby certify that the following is the address of the Defendant stated in the certificate of
residence:
Adel Abbas
42 Country Drive East
Staten Island, NY 10314
hu , Attorney for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.
Plaintiff Its .41y3 0-la-&-)"
V.
ADEL ABBAS,
Defendant
To: Adel Abbas, Defendant
CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
You are hereby notified that on
entered against you in the sum of $199,594.66, in the above-captioned casement by confession was
rothonotary
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.
DATE:
A, Adel Abbas, Demandado:
Por este medio usted sea avisado que en el dia _ de
admision fue registrado contra usted por la cantidad de $199,594.66, referente al casmencionado
arriba.
FECHA:
Protonotario
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE UN ABOGADO O SI NO TIENE EL DINERO PARA PAGAR TAL SERVICIO, VAYA
PERSONALMENTE O LLAME POR TELEFONO A LA OFICINA CUYO TELEFONO Y
DIRECCION SE ENCUENTRAN ESCRITOS ABAJO PARA AVERIGUAR DONDE USTED
PODRA CONSEGUIR ASISTENCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Por este medio certifico que la siguientes son las direcciones de los demandado, dicho en el
certificado de residencia:
Adel Abbas
42 Country Drive East
Staten Island, NY 10314
G 4uff
~~
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
v.
ADEL ABBAS,
Defendant
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. No. 2958.1(c)
DOCKET NO. 10-4143 Civil Term
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CONFESSION OF JUDGMENT r.`t.! s
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PREVIOUSLY ASSIGNED TO: NIa~_"
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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.
Adel Abbas
1195 Rockland Avenue B
Staten Island, NY 10314-7700
McNees Wallace & Nurick LLC
Date: July 12, 2010
By:
f~i~f&e .~h ,Esquire
eme Co ID #24848
100 Pine S et, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
~~
?160 3901 984b 5253 8?55
'rp; Adel A. Abbas
1195 Rockland Avenue B
Staten Island, NY 10314-7700
SENDER: 3022 /GMK
REFERENCE: 16085.0276 -PNC/AAA Conv
RETURN Postage e
RECEIPT Certified Fee v
SERVICE
Retum Receipt Fee
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Restricted Delivery
Total Postage 6 Fees s y
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Receipt for A
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Do Not Use for International Mail ~g$jal id~~y
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3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Fee) QYes
1. Article Addressed to:
Adel A. Abbas
1 l95 Rockland Avenue B
Staten Island, NY 10314-7700
PS Foi
A. ReceNed by (Please Print
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D. Is delivery edd rom Itsn
If YES, enbr delivery ss below;
B.
16085.0276 -PNC/AAA Conv
3022 /GMK
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^ Yes
^ No