HomeMy WebLinkAbout10-4144
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 10 - 14144 0,-ty1 I TEX'M
Plaintiff
V.
MAGED ABDELMALIK and
HANAN AWADALLA,
Defendants
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF JUDGMENT
N
Pursuant to the authority contained in the warrant of attorney, the original co"R of
x
which is attached to the Complaint filed in this action, I appear for the Defend c4*esQj
judgment in favor of the Plaintiff and against the Defendant 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 $ 17,952.81
TOTAL: $199,594.66, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June L7 2010
By:
Sn O Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
d'I.50 PA AlT1f
p* ayyoy(
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.
Plaintiff
V.
CONFESSION OF JUDGMENT
MAGED ABDELMALIK and
HANAN AWADALLA,
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 1600 Market Street, 11 th Floor, Philadelphia, PA 19103 (the "Plaintiff').
2. The Defendants, Maged Abdelmalik and Hanan Awadalla, are adult individuals
whose last known address is 1010 Tunbridge Lane, Mechanicsburg, PA 17050 (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 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.
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 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 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 Defendants as a
result of the Defendants' 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 $ 17,952.81
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 (2.25%), adjusted monthly.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendants, Maged Abdelmalik and Hanan Awadalla, 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 11, 2010 By:
S. Sh , Esquire
Co ID #24848
100 Pine eet, PO Box 1166
Harris 2, PA 17108-1166
(717Y237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.
Plaintiff
V. CONFESSION OF JUDGMENT
MAGED ABDELMALIK and
HANAN AWADALLA,
Defendants 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 unworn falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
Date: 7, )310 By: 4?
Ja J o
R do p anagMP"
(Page 1 of 5) ,
'A 3ro5.)?
U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
SBA Loan # PLP 87820940-00
SBA Loan Name Uni-Mart
Guarantor Maged Abdelmalik
Hanan Awadalla
Borrower AAA Convenience, Ina dba Unl-Mart
Lender PNC Bank, National Assodation
Date
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 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 tram
Guarantor.
2. NOTE
The "Note" is the promissory cote dated -/--/ "o-, in the principal amount of
Three Hundred Three Thousand Eight Hundred ---------__. ----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. DEP NITIONS:
"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.
SM Form 148 (10196) Previous edabns obsolete.
Pose its
Bankers Systems, Inc., St. Cloud, MN
(Page 2 of 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 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;
0. 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 Us 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
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 Fpm 148 (10190 Provisos edkims obsokte. Paps M
Bankers Systems, Inc., Sf. Cloud, MN
(Page 3 of 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 orrors 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) Lender modified the Note terns, 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-OUARANTOR 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 sighing as Guarantor are 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 alta the written
terms of the Note or this Guarantee, or to raise a defense to this Guarantee.
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 Form 118 (10/86) Previous editom dhdate. Papa 6B
Bankers Systems, Inc„ St. Cloud, MN
(Page 4 of 5)
10. STATE-SPECIFIC PROVISIONS:
i. 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 PRWCIPAL 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 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, 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; Judsdicilon This Guaranty will be interpreted and the rights and liabilities of the parties hereto
deterrrrnedn 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 maa, 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.
98A Faro 140 (10108) Pmvkxn editns obsdds.
Page 410
Bankers Systems, Inc., St. Cloud, MN
(Page 5 oft 5)
4 4 %
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.
SBA Form 148 (1048) PnWaA edkbm obi IGUL
Pape err
Bankers Systems, Inc., St. CbW, MN
(Page 1 of 7)
11= it 1A I
U.S. Small Business Administration
NOTE
SBA Loan # PLP 87820940-00
SBA Loan Name Uni-Mart
Date ,. '.J 04?
Loan Amount 303,800.00
Interest Rate Floating at WSJ Prime plus 2.25% resulting in an initial rate of 8.00%
Bonewer AAA Convenience, Inc. dba Un"rt
Operating
Company
Lender 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
Three Amdred Three Thousand Eight Hundred ---001100 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 this 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.
SBA Fond 147 (05WW) Vernlon 4.1
Page Ito
Bankers Systems, Inc., St Cloud, MN
E V-?,,kk J ^ -0
(Page 2 of 7)
3. PAYMENTTERMS:
Borrower must make 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 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 Rate" la 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.
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 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 accred 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
5% of the unpaid pardon of the regularly scheduled payment.
SBA Foam 147 (0503102) Veasim 4.1 fto 2le
Bankers Systems, Inc., St. Claud, 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 behalf makes, 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;
I Makes an assignment for the benefit of creditors;
K Has any adverse change in frnancial 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 1S 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 We of another lienholder, 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 Fpm 147 (06103102) Version 4.1
Pape 9/8
Bankers Systems, Inc., St. Cloud. MN
(Page 4 of 7)
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
i
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 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 Now are jointly and severally liable.
B. Borrower 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
B. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
i
F. If any part of this Note is unenforceable, all other parts remain in effect
i
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
SBA form 147 "103102) Vendon 4.1
Pape 4/6
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 N 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 ATTORNEYS COMMISSION OF 10%
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, 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
determined in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of Jews rules.
The Undersigned hereby irrevocably consents to the exclusive jurisdiction of the Courts of Common Pleas of the
Colt mmuvealth 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 foram 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 mailing 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 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.
SBA Fonn 147 (003102) Vewron 4.1 Page 618
Bankers Systems, Inc., SL Cloud, MN
(Page 6 br 7)
11. BORROWER'S NAME(S) AND SIONATURE(S):
By sipft below, each individual or entity becomes obligated under tbis Note as Borrower.
AAA Convenience, Inc. dba Uni-Mart
See signature page attached
SBA Forth 147 (06MM) VeMon 4.1
Paps en
Bankers Systems. inc.. St. CIoud, MN
(Page 7 Cf 7)
SIGNATURE PAGE:
AAA CONVENIENCE, INC dba
UNI-MART
GED ABDELMAUK, P J FE ENT
ml: ADEL AS, VICE SIDENT
BANANA ALLA,
SECRETARY/TREASURER
Q PNCBANK
November 18, 2009
CERTIFIED AND REGUL
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 you know, AAA Convenience, Inc. dba Uni-mart (the "Borrower'.) is obligated to
PNC Bank, National Association (the "Bank'D for the following (the "Obligation"): a certain
SBA guaranteed term loan in the original principal amount of $303,800.00 (the "Term Loan") as
evidenced by a certain Note (the "Term Note,) from Borrower to the Bank dated April 15; 2005.
A listing of the current principal balance and accrued interest and late "charges owing as
of the date immediately prior to the date of this letter for the Obligation and a per diem is
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 payment in full in immediately available funds of the amounts
outlined in Exhibit A pins 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.
i
cc: Maged Abdelmalik, Guarantor-VIA CERTIFIED AND REGULAR MAIL
Adel Abbas, Guarantor- VIA CERTIFIED AND REGULAR MAIL
Hanan Awadalla, Guarantor- VIA CERTIFIED AND REGULAR MAIL
Cyd B. Wolf, Esquire
L
7
t
Obligation#
Principal
Interest
Late Charge
Prepayment Fee (if applicable)
Total
Per Diem
EXHIBIT A
TERM LOAN
602537012
$174,506.44
$ 2,877.27
$ 1,006.81
$ 0.00
$178,390.52
$ 26.30
A
i
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 10 - L41444 Civ; ITerw
Plaintiff :
V. CONFESSION OF JUDGMENT
MAGED ABDELMALIK and
HANAN AWADALLA, ;
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 may be served at the address set forth below.
Geoffrey S. Shuff, Esquire
M
N
c
ees Wallace & Nurick LLC
100 Pine Street, PO Box 1166 N
Harrisburg, PA 17108-1166 i
(717) 237-5439
Respectfully submitted,
C%
McNees Wallace & Nurick LLC
Date: June y, 2010 By:
G ey Shuff, Esquire
upr 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. l0 - 4ryy Civil-1"r
Plaintiff
V.
CONFESSION OF JUDGMENT
MAGED ABDELMALIK and
HANAN AWADALLA, :
Defendants PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendants in the above-cap n
* Me ec ctio4
Maged Abdelmalik and Hanan Awadalla, are not presently on active or nonactive m AM&
ell
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June/, 2010
By:
?ApWy S. Shuff, squire
Kpreme Court #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. to- t4t y y 0,w i l lem
Plaintiff
V. CONFESSION OF JUDGMENT
MAGED ABDELMALIK and
HANAN AWADALLA,
Defendants PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of the Plaintiff, PNC Bank, National Association, is
4242 Carlisle Pike, Camp Hill, PA 17011; and that the last known address of the Defendants,
Maged Abdelmalik and Hanan Awadalla, is 1010 Tunbridge Lane, Mechanicsburg, PA9705; nvffi
ffr? Shuff, Esquire
erne Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
w. ?
Respectfully submitted, June, 2010 By:
McNees Wallace & Nurick LLC
w
"K
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 10 -- L4lyq &YiLTem
Plaintiff
V.
CONFESSION OF JUDGMENT
MAGED ABDELMALIK and ra _
HANAN AWADALLA, :
Defendants : PREVIOUSLY ASSIGNED TO:
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON •c'' a
NOTICE OF DEFENDANT'S RIGHTS
TO: Maged Abdelmalik and Hanan Awadalla
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 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.
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 Lf, 2010 B000meS uff, Esquire
ID #24848
, PO Box 1166
Harri sburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
Fv/
.s
r
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. to -4111y Civi l Tit"
Plaintiff
V. : CONFESSION OF JUDGMENT
MAGED ABDELMALIK and
HANAN AWADALLA,
Defendants PREVIOUSLY ASSIGNED TO: N/A
To: Maged Abdelmalik and Hanan Awadalla, Defendants
You are hereby notified that on \June 21 , 2010, judgment by confession was
entered against you in the sum of $199,594.66, in the above-captioned case.
DATE:
P othonotary
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.
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 Defendants stated in the certificate of
residence:
Maged Abdelmalik and Hanan Awadalla
1010 Tunbridge Lane
Mechanicsburg, PA 17050
offr uff, Attorney for Plaintiff
A, Maged Abdelmalik and Hanan Awadalla, Demandado:
Por este medio usted sea avisado que en el dia _ de de 2010, un juicio por
admision fue registrado contra usted por la cantidad de $199,594.66, referente al caso mencionado
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:
Maged Abdelmalik and Hanan Awadalla
1010 Tunbridge Lane
Mechanicsburg, PA 17050
GeoqIff , Aboga6 del Demandante
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
:t ~; , ~,~
~~ ~,,~
FlLED-C}=uICE
VMY{:..I I-. r!w,..:..~'. 1"mJ ~..lyL Vf.~ f
PE~'~iv~YLVAP1lA
PNC Bank National Association
Case Number
vs.
Maged A. Abdelmalik (et al.) 2010-4144
SHERIFF'S RETURN OF SERVICE
09/08/2010 01:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
9, 2010 at 1349 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Maged A. Abdelmalik, by making known unto Fayez Salip, adult in charge at 5001
Pellingham Circle, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to him personally the said true and correct copy of the same.
~~~= j~
NOAH CLINE, DEPUTY
09/08/2010 01:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
9, 2010 at 1349 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Hanan M. Awadalla, by making known unto Fayez Salip, adult in charge at 5001
Pellingham Circle, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to him personally the said true and correct copy of the same.
~~~`"-
SHERIFF COST: $66.94
September 10, 2010
NOAH CLINE, DEPUTY
SO ANSWERS,
t °'
RON R ANDERSON, SHERIFF