HomeMy WebLinkAbout11-3406i"
Hany Mawaad In the Court of Common Pleas of Cumberland County
Plaintiff ii35 NewWd Lane
' Pennsylvania
D
PA Mos
Med,
. Civil Action -Law
V. No. 11- 3y0(o 0 iV1, 1Ter*-) , r+
Merna LLC and Confession of Judgement MC O X'• -
-n
Hamdy Aboshusha Complaint pursuant to Pa.R.C.P. 2952 M ? -
?
-,r-
Defendant A c av
r- 7:
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CONFE SSION OF JUDGEMENT
Persuant to the authority contained in the warrant of attorney, a copy of which is attached to the
complaint filed in this action, I appear for the defendants and confess judgement in favor of the
plaintiff and against defendants as follows:
A. Principal sum due $361,735.95
B. Interest $8,440.50
C. Late Charges $7,190.62
D. Attorney Fees $55,526.47
Total $432,893.54
Date -? l )?' 16iti / l
John M. Eakin
Pa 10 06351
*d1.5o P4 AnY
C* 58301
0 , 5V 310`
N"". ww. d
Hany Mawaad In the Court of Common Pleas of Cumberland County,
Plaintiff Pennsylvania
Civil Action - Law
V. No. 11. 3yob CivilTerm
Merna LLC and Confession of Judgement
Hamdy Aboshusha Complaint pursuant to Pa.R.C.P. 2952
Defendant
COMPLAINT IN CONFESSION OF JUDGEMENT
1. Plaintiff Hany Mawwad is an adult individual whose residence is 1135 Newbold Lane,
Mechanicsburg, PA 17055
2. Merna LLC, is a limited liability company whose address is c/o Country Club Diner, 1251
Harrisburg Pike, Carlisle, PA 17013 (Middlesex Township). Hamdy Aboshusha is an adult
individual whose address is c/o Country Club Diner, 1251 Harrisburg Pike, Carlisle, Pa 17013
(Middlesex Township).
3. Attached to the original of this complaint filed with the court is a true and correct
reproduction of a promissory note signed by the defendants dated July 1, 2008, in the sum of
$400,000.00 on which this confession of judgement is based. A true and correct copy of that
instrument is attached hereto and incorporate by reference as Exhibit A.
4. Exhibit A was assigned by Carlisle Enterprises, LLC, the obligee of the note to plaintiff by
assignment dated April 21, 2009, attached hereto as Exhibit B and incorporated herein by
reference.
FROM :CAMPHILL: DINER FAX NO. :7177376651 Apr. 07 2009 12:29PM P1
PR0 I Y N TE
0400,000.00
Business Purposes
Dated: July 1, 2008
The Undersigned (herein referred to as the "Borrower") hereby promises to pay
to the order pf Carlisle Enterprises, LLC, (hereinafter called the "Lender"), the
sum of ' FOUR HUNDRED THOUSAND AND ?---?- 00/100 ($400,000.00)
DOLLARS, together with interest on the unpaid balance thereof at the following
rate:
principal -and, interest, at the rate of .7% per annum,-.at the • rate. -of
$3,595.31 payable commencing the 15T of August, 2008 and on the
same day each month thereafter for one hundred eighty months all
accrued in and principal shall be due and payable no later than July
1. 2023.
Interest shall be calculated upon the outstanding principal balance for the
actual number of days elapsed at a daily rate based upon a 385-day year.
TERM OF LOAN - The term of this loan is 15 years. All principal, interest and any
other sums due under the terms of this Agreement shall be due and payable In full no
later then fifteen (15) years from the date 'of this Agreement.
PREPAYMENTS - Prepayments may be made, in whole or in part at any time,
PAYMENT OFVOSTS -.In addition to -the principal and interest payments specified
above, the Undersigned shall pay to Lender or any other holder hereof, upon demand,
all costs and,expenses (including reasonable attorneys' fees and legal expenses) which
may be incurred by Lender or such holder in the administration of the loan evidenced
by this note or in the enforcement of this note.
CONFESSION OF JUDGMENT - Upon default, as herein described, the Undersigned
hereby irrevocably authorizes and empowers the Prothonotary or Cleric or any attorney
of any court of record to appear for and confess judgment therein against the
Undersigned,-or-any of them, for the amount which from the face hereof may appear
to be due hereon, (or, if such an attorney so elects, for the amount which may be due
hereon as evidenced by an affidavit signed by an officer of the Lender setting forth the
amount then due) including accrued interest, plus 15% of such principal and interest,
but not less than 4 1,000.00, as an attorney's commission, with costs of suit, release
of errors, and without right of appeal. If a copy hereof, verified by an affidavit, shall
have been filed in said proceeding, it shall not be necessary to file the original as a
warrant of attorney, The Undersigned waives the right to any stay of execution and
xl?t't??? ,?
FROM":CAMPHILL: DINER FAX NO. :7177376651 Apr. 07 2009 12.30PM P2
the benefit of all exemption laws now or hereafter in effect. No single exercise of the
foregoing warrant and power to confess judgment 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 may be exercised
from time to time as often as the holder hereof shall elect, until all sums payable or
that may become payable hereunder by the Undersigned have been paid in full.
LATE CHARGE - Lender shall have the right to collect a late charge of fine percent
(50/6) of the unpaid debt service after five days from any due date.
.DEFAULT INTEREST -in the event of default for which the Lender does not accelerate
this note, including the failure of Borrower to provide the financial, statements as
required:hereunder the applioeble irlterost rate to the loan, for a period beginning three
(3) days after written notice of 'such default and ending upon the curing of sold noticed
default, shall increase one quarter of one percent (.2696) for the first thirty (34) days
of said default and increase an additional one quarter of one percent (.2696) during
each thirty (30) day period thereafter during which the notice of default continues.
Such default interest rates shall apply to the outstanding
principal Upon the curing of the notice of default, the interest rate on the Loan shall revert to
the initially agreed-upon interest rate effective on the date of which the default is
cured.
LIABILITIES- For-all purposes of this note, the term "Liabilities" means this note and
any renewals, extensions and modifications thereof and all other existing and future
liabilities, whether absolute or contingent, of the Undersigned, or any of them, to the
Lender of any nature whatsoever and out of whatever transactions arising,
CERTAIN-RIGHTS OF Lender - In addition to all other rights granted herein or otherwise
possessed by .it, the Lender shall have the right, which may be exercised at any time
without prior notice to or consent of any of the Undersigned, to pledge or transfer this
note and any renewals, extensions and modifications thereof, assigning therewith the
Lender's rights in any collateral or any portion thereof given as security and any such
pledgee or transferee shall.have.ell the rights of the Lander hereunder with respect to
this note and. any renewals extensions and modifications thereof and any such
collateral so assigned therewith.
DEFAULTS - The Undersigned shall be in default hereunder upon the occurrence of any
of the following. events: (a)•the'nonpayment when due of any amount payable on any
of the Liabilities, or the (allure of any Obligor to observe or perform any agreement of
any nature whatsoever with the Lender (the term Obligor as used herein being meant
to include the Undersigned, and all persons secondarily liable on or otherwise liable for
the paymerit-of this note or any renewals, extensions, or modifoations.•thereof, such
2
t- KUM • : UF4Mt'H 1 LL : U 1 NLK F HX NU. : (1 ((J (bb!-),1 Hpr, W( dbby 1;e: ,5Wf- 1 F'j
as endorsers or guarantors, including any person(s) or party(ies) who have or may sign
an agreement guaranteeing the payment hereof); (b) if any Obligor becomes insolvent
or makes an assignment for the benefit of. creditors, or if any petition is filed by or
against any Obligor under any provision of any law or statute alleging that such Obligor
Is insolvent or unable to pay debts as they mature; (c) the entry of a judgment in
excess of 520,000.00 against any Obligor or the issuing of any attachment or
garnishment against any property of any Obligor or the occurrence of a change In the
financial condition of any Obligor which in the judgment of the Lender is materially
adverse; (d) the dissolution, merger, oonsolidaition or reorganization of any Obligor
which is a corporation or partnership without the consent of Landlord, which will not
be unreasonably withheld; (e) any information heretofore or hereafter furnished to the
Lender by any Obligor In connection with the loan evidenced hereby or any guaranty
submitted In. connection therewith should be materially false; (f) and a default under
the AsstgnmY ent. of Leese- Country Club Diner between Lender and Borrower dated July
1, 2008 or a -Default under the Lease between Lender and CRN Hospitality
Enterprises, LP dated February 26" 2007 and assigned to Borrower as assignee Tenant
thereunder shall also be treated as a default under this note. A default under this note
will also be deemed a default under the Lease and Assignment of Lease.
Notwithstanding the foregoing, an Obligor will have ten (10) days after written Notice
to cure a default and shall notify Lender within such ten days of the cure.
ACCELERATION - Whenever the Undersigned shall be in default as aforesaid, unless
the Lender elects otherwise, the entire unpaid amount of such of the Liabilities as are
not then due and.payable shall become immediately due and payable without notice to
or demand on any Obligor, if this note is payable on demand, the Lender may, at any
time and. for any reason or no reason whatsoever, make demand and thereby
accelerate the maturity hereof. The Undersigned waives all right to stay of execution
and exemption of property In any action to enforce any of the Liabilities.
'FROM :'CAMPHILL: DINER FAX NO. :7177376651 Apr. 07 2009 12:31PM P4
i'
MISCELLANEOUS - Any failure of the Lender to exercise any right hereunder shall not
be construed as a waiver of the right to exercise the some or any other right at any
other time. If the Undersigned consists of more than one person, such persons shall be
jointly and severally liable hereunder. The Undersigned intends this to be a sealed
instrument and to be legally bound hereby. All issues arising hereunder shall be
governed by the laws of Pennsylvania, without giving effect to the principles thereof
relating to conflict of laws, if any.
Witness:
Marna LI.C. A Pennsylvania
Limited Liability Company
Hamdy oshusha, Member
riz aA:, ?,s /, x is ? c,
Hamdy oshusha, Individually
Aboshusha, Inc., Title
_ ._ 1 4
• ??(Ylr ?I I ,.?
_,FROM :CAMPHILL: DINER FAX NO. :7177376651 Apr. 07 2009 12:32PM P5
s11
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTX OF DAB .
On this, the day of . 2009, before me, a notary public, the
u nda mgaed officer, m and for the Com6mweft of Pennsylvania, persozWly appmared RAxmy
moswjM, known tome (arsatisfactorily proven) to be the person whose name is subsaftd to the wi ddn
3nstrument, and a k nowledge that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My comudssion expires:
POMMONMALTh Of ° ANSYLVAN
NOTAWL Iq
smew E. AteLi?E1l, '~ MOM P'ublie
CHY of fiNTW*t DwAft Coin
?Xl?W1 , 5
EXHIBIT "C"
Loan Amortization Schedule
lender name:
Pmt Beginning Scheduled Extra Ending
No. Payment Date Balance Payment Payment Total Payment Pdnc" Interest Balance
,,811/Z009 , •1• . ..4W,l7UU.W '. •l J,,J,.7J.J 1
2 9%112008 .: 39813$..02 3 595.31
3 1Q/1/2008. 397.460,68 31595:31
4 11M/20Q8::- 396;191.93 3595.31
5 12112008 ?.: 394.907.74 3,595.31.
6 1/1/2009 '393;616:06 31595.31
7 2/112009
. 397,318.84 3,595;31.
8 •.
11/2009
3 .331;010.04 3 595.31.
9 •
.
.. _ 3,595.3f
10 511LZ009 : ; . 3,595.31
11 6J1R009 3$7,043.73 ; 3,595.31
12 - 7/1!2009 385 706.17 . 3,595.31:
13 8/1/2009...
.: 384,360,81•
::3,505.31
14 9/1/2009 .383p07.60 3:5953 1
15 1011/2009 381,646:50 3595.31.
16: 11M/2009 . 380,27746. 3,595.31
17 121112009: 378,900,43 3 $95.31
18 11112010: 377,515.37 3;695,31
19 2/02010: 378,122.23. 3,595.31
.. .
20 3/1/2010 374,720.96 3,595.31
21. :4/11201.0: 373,311:52 3,595.31
22 : 5112010. 371, 893.86 .:.31595.31
23' 6112010 370,467 93 3,595:31
24. A
V2610. 369,033,67, ;3,595.31
25 .
- 8M1201,0;. 36i',591.06 3 595'3`F
26 9111/2010: 36¢,140.03
3,595:31
27 10/1/2010 364,600,53 - 3;595.31
28 1.1M72010 . 363.21252 3,595:31
29 12/12010` 361,,735.95 3595:31
30. i/12011 : 360,250.76. - .: 3595.31
31 2/1/21)11
. 358,756.91*.
95,31
:::3,5
32 .
: 3/1/2011 357,254,35: :. 3595.31
33 61.1.. 355,743.02 . 3595.34
34 _ 5%1/2011. 354,222 87 3 595.31
35 6/112011 352.693.86: 3,585.31
36 7/12011 351,155.93 3;595:31
37 _ ';:8112011- 349,609:02 3;595.31.
38 9/1/2011 348,053.09. 3,595.31
39: /011/2011 346,488:09 3,595.31
40 1 i/1/2011:: 344.913.96,: 3,595.31
41 12%172011 • 30,330.64 3,695.11
42 111/2012. 341,]38.09. 3 58$.31
43 TJ112012: •.34036,25 3,595,31
44 31112012 ` 338,525,07 3,595.31
45 4/12012 336,904.48 3,595:31
46 :5/1/2012 335,274.45 3595.31
47. .61112012 333,634.90. 3,599.31
48 _ 4112012: 331,985.79 3,595.31
49 8112012. 330,321.06' U9 1 531
50 _ 9/12012. 328;658.66 3,595.31
51 10/1/2012 326,980.52 . 3,595.31
52 4112012 325,292.59 3,595.31
53 12112012 323',594.82 3,595.31
54 1112013 .321,887.14 3,595.31 1,25
im .
..:
'M 43
::.
. ;:: 3,595.31 ._.:1.289.34 ` .' .2,325:97. 397,46$.68
3,595.31 2,318.57 :386,191.93
3,595.31 :1,284.19 2,311.12 .'394,907.74
3;595.31. - 1,291:68. :2,303.63 393,616.06
3;595.31 1,299.22 ; 2;298.09. :392,316.84.
3,595.31.: 1,306.90 `2,288.51: . 391010.04:
_
3.595:31.. 1,314.42. ,,
2.280:89.-
_ 3.595:31 ..
1;322.09 2;273 346.373, 53
- .3.585 31: ' 1,328.ep.• 2.265.51 :3Q7,Q43:73..
- 3;595 31 - ;1,337.56.; 2.257.76.. 305,70617-
,345.36' 2,249.95. 384 360 81
- 3.595.31.
3 595.. 1,353:21
2,242.10
. .
383:007.60.
- 3,595.31. 1,361:10. - :2,234:21 381'.646.50
3,595.31. : 1,369.04 .:.2,226.27 . .380 ,277.46
- 3,595.31 1,377.03 :2,21829• . 378,900:43.
- 3.59531 1,36`.06 :.2,21025 377,515:37
- 3,5$5.31 `.1,393.14. ;:2 02.17
..... .
.
..
. 376,122.23
.
3595.31
1,401:27 .
..
.
2,194.05
..
.374,720.96
_ 3,595.31:. 1,409.44. :2,185.87. .373,311.52
- 3,595.31 1,417.66 ::2,17765 371,893.86
- `-3,595'31: _ 1;425.93: 2;169.38 •:.370,467..93
- 3,595.31_.• 1;434.25 2,161.06. 369;033.67
- 3,595:31. 1,442.82 :2152.70. 367;591.06
.2,1442$... .:356,14Q.03
_. 3,595 31: 1.458.5E} 2,135.82. :364,640.53
3,595.31 1,46p.01 : 2,127.30 363.212:52.
3;59521: -;4.'476.57: :'2;1.18:7.4 36.1,735:95:
- 3.595.31 :1,485:19 .: 2.110.13 360.250:76:
3,595.31.. •.1,493.85: 2,101.46 :358,756;91
3,595.31: °:1,50256 _ : 2,092:75 .:357,254.35
- 3,595 31 .1;511.33 2,0.98. ;355,743,02:
- 3,595 31, 1,5211.15: 2;075.17
.
354,222 87
_ 3,595.31.. ':1.52.9.:01 206:30 352.693,86
:3,595.31 1.537.83 2,057.38. 351,155:93
- 3.595.31 .1.546,90 :. 2,048.41: 349.609.02
3,595.31. .1:555:93. 2,039.39 348.053.09
3.595.31: 1,565.00 2,030. 31 346,488,09
- 3.595.31.: 1.574.13 2,021.18. :344.913.96
- 31595,31 1.563.31 2,01200 343,330.6'1:
3,595:3.1 1,592:55 2002 76,. 341.,736.09
3,595.31 1.601.84 .1.99147. 340,130 25
3,585.31 1,811.41; 1.984,13 338,525A7
- 3;595.31. 1,62058: 1,974.73 :336,064.48
= - 3,595431 1,630.04. 1,965.28. 335,274.45
:..3,595:3:1. '1,639.55 1.955.77. 333,634.90.
- 3;595.31. 1,649:11 1,946.20: 33198579:
- . 3,595.31 1,658.73 1,936:58
: 3302327.06
- 3,595:31 1,668.41 1,926.91 .328,658.66
- :3;595.31 1,67814 1,917.14 326.980.52
- 3,595.31 1,687.93 1,907.39 325,282.59
- 3,595.31 '1,697,77 1,897.54 323,594082
- 3595:31 1,707.68 1,887.64 321.,887.14.
- 3.595.31 1,717.64 1,877.67 320,169.50
Pmt Beginning Scheduled Extra Ending
No. Payment Date Balance Payment Payment Total Payment Principal Interest s. Balance
55 2/1/2013 M.169:50 _3,595.31 3;595.31 1,727.66. 1.867.66. .;.318,441.85:
56 _ 3/1/2013 318,441:85 3,595.31 - 3,595.31 1,737.74 1,857.58 316,704.11'.
57 VW013. 3f6;704.1T 3,595.31 - 3,595.31 , 1,747.87 1,847.44 314.956:24
1;837:24 313,198.17
58 511/2013 314.95624 3.595.31 3,595.31 1,758.07
We 6!112013 313;198:17.:. 3,595.31 3,595.31 1,788.$2 1,$2$.99 311',429,85.
60 _ 7/112013. 311,429.85. 3,595.31 - 3,595:31 1,7.7.8.84: ... 1,818$7 309.65121
61, :8/1/2013 3Q9;651.21 3.595.31 _ :3,595.31 1709.01.. 1,806.30.' .: .3Q7,862.19
306.Q62.74
62 9/1/2D13. 307.862.19 3,595.31 - 3;595.31 1,799.45.. 1,795 8g
63:: 1011/2013 306.062.74 3;595:31 3,595.31 1,$09.95 1.785.37 .304,252.80
...
64:` 11/1/2013 304,25280 3,595.31 3,595.31 1;820.51 1774.81 302.432.29
65 12/1/20.13: 302,43729. -3,595.31 31595.31 1,831.12 1,764;19 300.601•.17,
300,601.17 3,595.31 3,595:31 1;841.81 1,753.51 298.759:38:
66 1/1.014 _ ,
67 211.014 298,759.36 3,595.31 3,595:31. 1;852.55 1,742,76 298.906.81...
68, 3!1/2014 298,906.81 3,595.31 3,595.31. 1,863.36 1 j31:99 295,043,45
69.. 411!2014 295,043.45 3,595.31 - 3,595.31 187423 1721.09 283.169:23
70 51172014 293;169.23 3;595.31. 3,595.31 1.8.85.1.6 1,710,15 291,284.07.
71 6/1)2014 .4612".07 . 3,595.31.. 3,595:31 1,896-16 1,699:16 289-307.91
72 7/112014 289;367,91: 3;595.31 3,595:31 1.90722 1.888:10: 287,480.69
.811/2014:... _..287.480:69 3.595.34 1.918:34. 1,676:97 562.36'
73
74 9V1/2014 ` 285;562.35 3.595.31 -: 3 595:31 1.929.53 1,665.78 `283.x,82
75 10/112014 283,532 82 3595.31 3 595 31 1,94079 i ,654.52 21.692:03
76 1111/201.4 281.682:03 3.595 31 3 595.31 1,9+„1,2.1;1 1,043 20 279,9 92 _
3,595 3.t 1.963Q 1,631;.82. 277 776.42
77- 6271/2014 279,739.92 3,595;$1
18 1/112015 277,776:42 3,585.31 3,595.31 1,974.95 1.620, 274 801..47
79 2/112045 275,801,47 3;595.31 3,595 3,59531 1986.47 1;6R8:8st 273 8'15:00
80 311/2015 273;815.90 3595 31 3.595:31 199¢.06 1,597 26 274 ,818.94
81 4/1/2015 .. .., 271,818.94 3.59531 3 59s.31 2.008.7] 1,585.60. 269.807.23.;
82 511(2015: 289,807 23 3,595:31 = 3 595,31 2021;44 1 5788 267 795 .70:*
83 : 611.015 26y,78579 3,595 31.. - 3,595:31 2.033.23. 6,5B2a 265,752 56,
84 : :711/2015 285,75256 $:595,31 3 ,59,5,31 2,045,Q9 55Q.22 283 707,47
85:.] ilf-1 0.15 - 263 707:47 3,595.31 35$8:31 2 057.02 1538,29 26i.,65Q.45
86,:- :.9/1/2015 261650.45 :3.59531 3,5951 2'0"W'-, 152629 239.581.44
8710/172015. 359.581.44 3 595.31 3 59521 2,0$1;09 1,51423 `257,500.35 :
88: 11!1/2(11 5 257.500,35 3,595 3i - - 1.598,1 2,09333 1502:09 255,407.12
89 1211/2015: 25`r,407.42 365 31 3.595 36 2,105.44 489,87._ 253.301. )8
90 1/172b18 253 301_8$ 1,106.31 - 3,S9631 2,117.72 1,47,7.59..: 251•.183.96.
91 .. 2/112066 251 1839?{,6. 375 31 - 3,595.31 ( 2,1V.97 1,465 24 249,053:89:
92 3/1/2016 ,1 19? 3.5 531,- - 3 595.31 2 142.50 1,452 1 246,911:39.
93': M7/20484 3 :31..^ - 15" ,31 2155.00 :1.440,32 244;756:39
94' Sf l j2D16 ' = 1__, - 3 595:31'. 2167.57 1,427.75:. 242;588:82:
.
95 62 . 3 595.31 2180.21 1 415.10 240;408.61
9&%# 18 61 X31 - 3,595.31 2192.93 1402.38. 238.215.68.
97 18 5M68 131 - 3,595-31. 2,205.72 .1.3W50, 236;009.96
1
_3,595:31.:: 2,218.59 .1,376.7?. 233,791.37
i'. 17 .3: _ 3,595 3i 201.53.
1,363.78,. 231,Sr?9;84
10d : f 37 ; - 3,5'31. 2.244.55. i,35Q.T7•. 229:315.30
1 3 - 3 595,31 2,257.64 1,337.67 227,Q57,66
162. 31 3,505-31 2,270.81 1.324.50 2U,786.86.
1 Q3 ` 3?5 31 3,595.31 2;28406 1,31126 222,502.79 .
395 31 - 3 595.31 2,297-39. 1,297.93 220,205.41
3 595:31
sr_` 1 y 3x5$5.31 2.310.78 1,284.53 217894.63
- :3,595.31
2# $3 3 595.31 2,324.26 1.271.05 215,570,37
3 3 585:31 - - 3,595.31 2,337.82 1,257.49 213,73245
f ''S5 3 598 31 _ .3.595.31 2.351.46 1,243.86 21Q;881.09
7w , r 359531 -. 3,595.31 2,365.17 1,230.14 208,515.92
92: 3 595.31
95.31 2;378 97 1 216.34 206136
s
95
85 3595:31 3 5
3 595.31 2,39285 1,202.4t 203,744.10
R .74410 3595 31 - 3,595.31
29 3 595.31 2;406.81. 1,188.51. 201,337.29.
37
-" 3,595:31 2,420:65 1,174.47 198,916:45
Y, 99,1116 45 3 595 31 3,595.31 2,434.97 1,160.35 196,481.48
f99484c48 3,595;31 3,595.31. 2;449.17 1,146.14. 194;032.31
: 19?t032:31 3,595.31 3,595:31 2,40.46.
1,131.86 191,56815
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189091.02 3,595.31. 3,595.31 2,49228 1,103.03 186,598.74
Y " 18 186;59874 3,595.31 3,595.31 2,506.82 1,088.49 184,691.92
184.091.92,
3,595.31 - 3,595.31 2,521.44 1,073.87 181,570.48
876/018 18157b 48 : 3,595.31 - 3,595.31 2,536:15 1,059.16 179,034.33
122 9J 12018< 179,034.33 .3,595.31 - 3,595.31 2,556.95 1,044.37 176,483:38.:
123 1bM/2018: 176;483:38 3,595.31 3,595.31 2,565.83 1,029.49 173,917.55
ASSIGNMENT
THIS ASSIGNMENT is made this off Sfi day of April, 2009, by and between
CARLISLE ENTERPRISES, LLC (hereinafter referred to as "Assignor") and HANY
MAAWAD hereinafter referred to as "Assignee").
BACKGROUND
By Promissory Note dated July 1, 2008, MERNA, LLC, a Pennsylvania limited
liability company, and HAMDY ABOSHUSHA jointly executed a Promissory Note in the
face amount of Four Hundred Thousand Dollars ($400,000) payable to Assignor. A copy
of said Promissory Note is attached hereto and marked Exhibit A.
HAMDY ABOSHUSHA is the sole Member of MERNA, LLC. DIMITRIOS
TSITSIRIS and DROSOS KOSTOPOULOS are the sole Members of the Pennsylvania
limited liability company known as CARLISLE ENTERPRISES, LLC. Assignor has
agreed to assign to Assignee the Promissory Note attached hereto and marked Exhibit f`
subject to the-terms of this Agreement.
NOW THEREFORE, with intent to be legally bound, it is agreed as follows:
1. For and in consideration of the sum of Three Hundred Thousand Dollars
($300,000), the receipt of which is hereby acknowledged, Assignor hereby assigns to
Assignee all of its right, title and interest in the Promissory Note attached hereto and
marked Exhibit A. This Assignment is made without recourse and if there is a default in
payment of said Promissory Note, Assignee shall have no right to seek any payment from
Assignor and Assignee's sole remedy for any default shall be against Borrower as provided
in the Promissory Note attached hereto and marked Exhibit A. In the event of default,
Assignee shall have the right to exercise all remedies against Borrower as provided in said
Promissory Note. Default shall be defined as provided in said Promissory Note.
2. This Assignment shall be effective as of the date of execution of this
Assignment and the monthly installment due on May 1, 2009 shall be payable to Assignee.
Assignor represents and warrants to Assignee that the principal balance, after the April 1,
2009 payment is Three Hundred Eighty-Nine Thousand Six Hundred Ninety-Five Dollars
and Sixty-Two Cents ($389,695.62) and there has been no default under the terms of said
Promissory Note.
3. Assignee's address is as follows:
Hany Maawad
c/o Camp Hill Diner, Inc.
3449 Simpson Ferry Road
Camp Hill, PA 17011.
,:
t..S( m r61 G -A
4. Promptly after the execution of this Assignment, a copy shall be delivered
to MERNA, LLC and HAMDY ABOSHUSHA with instructions that beginning May 1,
2009 and monthly thereafter all payments shall be made payable to Assignee and mailed to
his address as shown in paragraph 3 above.
5. This Assignment shall be binding upon the parties hereto, their respective
heirs and assigns.
6. This Agreement shall be controlled by the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby,
have executed this Agreement the day and year first above written.
CARLISLE ENTERPRISES, LLC
c
Bye 1X1z211000da .
t ' OS KQ(STOPOU OS
By:
D MITRIOS TSITSIRIS
ACCEPTED BY:
AN/Y,MAAWAD
l
W:\WDOX\C LIENTS\maa),vadh\misc\00263913. DOC
2
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
On this, the r'-4 t S day of P e r % 1 , 2009, before me, a notary
public, the undersigned officer, in and for the Commonwealth. of Pennsylvania,
personally appeared DROSOS KOSTOPOULOS, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledge
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
f
NOTARIAL SEAL otary Public
TAMMY E DIPPERY My commission expires: ?j ip4,lZctZ
Notary Public
SUSQUEHANNA TWP, DAUPHIN COUNTY
My Commission Expires Aug 6, 2012
it
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
On this, the me 1 b} day of 1??? • , 2009, before me, a notary
public, the undersigned officer, in and for the Commonwealth of Pennsylvania,
personally appeared HANY MAAWAD, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledge that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL otary Public
TAMMY E DIPPERY
Notary Public My commission expires: dDbb)D,01a
SUSQUEHANNA TWP, DAUPHIN COUNTY
My CoftrMselon Expires Aug 6, 2012
?1-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
On this, the c-? IS} day of ptA,-" 1 , 2009, before me, a notary
public, the undersigned officer, in and for the Commonwealth of Pennsylvania,
personally appeared DIMITRIOS TSITSIRIS, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledge
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL `? ?? rrr ?t fF ,ti
TAMMY E DIPPERY Notary Publ'c `
Notary Public My commission expires:
SUSOUEHANNA TM,, DAUPHIN COUNTY C? t?L ?b i a
12
My Commisslon Expires Aug 6, 20
1*.
PROMISSORY NOTE
$400,000.00 Business Purposes
Dated: July 1, 2008
The Undersigned (herein referred to as the "Borrower") hereby promises to pay
to the order of Carlisle Enterprises, LLC, (hereinafter called the "Lender"), the
sum of FOUR HUNDRED THOUSAND AND -------- 00/100 ($400,000.00)
DOLLARS, together with interest on the unpaid balance thereof at the following
rate:
principal and interest, at the rate of 7% per annum, at the rate of
$3,595.31 payable commencing the 1 ST of August, 2008 and on the
same day each month thereafter for one hundred eighty months all
accrued interest and principal shall be due and payable no later than July
1 ,2023.
Interest shall be calculated upon the outstanding principal balance for the
actual number of days elapsed at a daily rate based upon a 365-day year.
TERM OF LOAN - The term of this loan is 15 years. All principal, interest and any
other sums due under the terms of this Agreement shall be due and payable in full no
later than fifteen (15) years from the date of this Agreement.
PREPAYMENTS - Prepayments may be made, in whole or in part at any time.
PAYMENT OF COSTS - In addition to the principal and interest payments specified
above, the Undersigned shall pay to Lender or any other holder hereof, upon demand,
all costs and expenses (including reasonable attorneys' fees and legal expenses) which
may be incurred by Lender or such holder in the administration of the loan evidenced
by this note or in the enforcement of this note.
CONFESSION OF JUDGMENT - Upon default, as herein described, the Undersigned
hereby irrevocably authorizes and empowers the Prothonotary or Clerk or any attorney
of any court of record to appear for and confess judgment therein against the
Undersigned, or any of them, for the amount which from the face hereof may appear
to be due hereon, (or, if such an attorney so elects, for the amount which may be due
hereon as evidenced by an affidavit signed by an officer of the Lender setting forth the
amount then due) including accrued interest, plus 15% of such principal and interest,
but not less than $1,000.00, as an attorney's commission, with costs of suit, release
of errors, and without right of appeal. If a copy hereof, verified by an affidavit, shall
have been filed in said proceeding, it shall not be necessary to file the original as a
warrant of attorney. The Undersigned waives the right to any stay of execution and
X11 t 14
1`
the benefit of all exemption laws now or hereafter in effect. No single exercise of the
foregoing warrant and power to confess judgment 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 may be exercised
from time to time as often as the holder hereof shall elect, until all sums payable or
that may become payable hereunder by the Undersigned have been paid in full.
LATE CHARGE - Lender shall have the right to collect a late charge of five percent
(5%) of the unpaid debt service after five days from any due date.
DEFAULT INTEREST - In the event of default for which the Lender does not accelerate
this note, including the failure of Borrower to provide the financial statements as
requiredhereunder the applicable interest rate to the loan, for a period beginning three
(3) days after written notice of such default and ending upon the curing of said noticed
default, shall increase one quarter of one percent (.25%) for the first thirty (30) days
of said default and increase an additional one quarter of one percent (.25%) during
each thirty (30) day period thereafter during which the notice of default continues.
Such default interest rates shall apply to the outstanding principal balance of the loan.
Upon the curing of the notice of default, the interest rate on the Loan shall revert to
the initially agreed-upon interest rate effective on the date of which the default is
cured.
LIABILITIES - For all purposes of this note, the term "Liabilities" means this note and
any renewals, extensions and modifications thereof and all other existing and future
liabilities, whether absolute or contingent, of the Undersigned, or any of them, to the
Lender of any nature whatsoever and out of whatever transactions arising.
CERTAIN RIGHTS OF Lender - In addition to all other rights granted herein or otherwise
possessed by it, the Lender shall have the right, which may be exercised at any time
without prior notice to or consent of any of the Undersigned, to pledge or transfer this
note and any renewals, extensions and modifications thereof, assigning therewith the
Lender's rights in any collateral or any portion thereof given as security and any such
pledgee or transferee shall have all the rights of the Lender hereunder with respect to
this note and any renewals extensions and modifications thereof and any such
collateral so assigned therewith.
DEFAULTS - The Undersigned shall be in default hereunder upon the occurrence of any
of the following events: (a) the nonpayment when due of any amount payable on any
of the Liabilities, or the failure of any Obligor to observe or perform any agreement of
any nature whatsoever with the Lender (the term "Obligor" as used herein being meant
to include the Undersigned, and all persons secondarily liable on or otherwise liable for
the payment of this note or any renewals, extensions, or modifications thereof, such
2
Z'
as endorsers or guarantors, including any person(s) or party(ies) who have or may sign
an agreement guaranteeing the payment hereof); (b) if any Obligor becomes insolvent
or makes an assignment for the benefit of creditors, or if any petition is filed by or
against any Obligor under any provision of any law or statute alleging that such Obligor
is insolvent or unable to pay debts as they mature; (c) the entry of a judgment in
excess of $20,000.00 against any Obligor or the issuing of any attachment or
garnishment against any property of any Obligor or the occurrence of a change in the
financial condition of any Obligor which in the judgment of the Lender is materially
adverse; (d) the dissolution, merger, consolidation or reorganization of any Obligor
which is a corporation or partnership without the consent of Landlord, which will not
be unreasonably withheld; (e) any information heretofore or hereafter furnished to the
Lender by any Obligor in connection with the loan evidenced hereby or any guaranty
submitted in connection therewith should be materially false; (f) and a default under
the Assignment of Lease- Country Club Diner between Lender and Borrower dated July
1, 2008 or a Default under the Lease between Lender and CRN Hospitality
Enterprises, LP dated February 26th 2007 and assigned to Borrower as assignee Tenant
thereunder shall also be treated as a default under this note. A default under this note
will also be deemed a default under the Lease and Assignment of Lease.
Notwithstanding the foregoing, an Obligor will have ten (10) days after written Notice
to cure a default and shall notify Lender within such ten days of the cure.
ACCELERATION - Whenever the Undersigned shall be in default as aforesaid, unless
the Lender elects otherwise, the entire unpaid amount of such of the Liabilities as are
not then due and payable shall become immediately due and payable without notice to
or demand on any Obligor. If this note is payable on demand, the Lender may, at any
time and for any reason or no reason whatsoever, make demand and thereby
accelerate the maturity hereof. The Undersigned waives all right to stay of execution
and exemption of property in any action to enforce any of the Liabilities.
xl,lkA
1,-
MISCELLANEOUS - Any failure of the Lender to exercise any right hereunder shall not
be construed as a waiver of the right to exercise the same or any other right at any
other time. If the Undersigned consists of more than one person, such persons shall be
jointly and severally liable hereunder. The Undersigned intends this to be a sealed
instrument and to be legally bound hereby. All issues arising hereunder shall be
governed by the laws of Pennsylvania, without giving effect to the principles thereof
relating to conflict of laws, if any.
Witness:
Merna LLC. A Pennsylvania
Limited Liability Company
Hamdy A oshusha, Member
Hamdy oshusha, Individually
Aboshusha, Inc., Title
4
C"
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
5361,
On this, the
day of 2009, before me, a notary public, the
undersigned officer, in and for the Commonwealth of Pennsylvania, personally appeared HAMDY
ABOSHUSHA, known tome (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledge that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal
Notary Public
My commission expires:
Z-10MM0NWtAjLTh Of PENNSYLVANIA
140TARiAL SEAT`
BARBARA E. PAt MER, Notoy Public
City of Horrls mW. Dauphin County,
lMy Comml ? E M sy 23, 2009'
5
Hany Mawaad In the Court of Common Pleas of Cumberland Count
Plaintiff Pennsylvania
Civil Action - Law
V. No. 11- 340(, OWi( Ter*
Merna LLC and Confession of Judgement
Hamdy Aboshusha Complaint pursuant to Pa.R.C.P. 2952
Defendant
PLAINTIFF AFFIDAVIT t a v
?o Z C?
Judgement is not being entered by confession against a natural person in conn4e@in rh c?
consumer credit transaction.
Z a awaad
Affirmed and subscribed before me this,3 ? day of m ,4R C O , a C I I
NOTWAL UAL Notary Public
JOETTE L MCGMN
ft" Pub k
CNIYM SWN MMO, CtNMLANO CNMW
Mkt CWAWWW Expiry Jul 1, 2014
I further certify the residence of plaintiff Hany Mawaad is 1135 Newbold Lane, Mechanicsburg,
Pa 17050.
The address of defendants is c/o Country Club Diner, 1251 Harrisburg Pike, Carlisle, Pa 17013
Hany Mawaad In the Court of Common Pleas of Cumberland County
Plaintiff Pennsylvania
Civil Action - Law
V. No. (?- 34b(o Civil '1e--ru
Merna LLC and Confession of Judgement
Hamdy Aboshusha Complaint pursuant to Pa.R.C.P. 2952
Defendant
NOTICE OF ENTRY OF JUDGEMENT
Pursuant to requirements of Rule 236 of the Pennsylvania Rules of Civil Procedure you are
notified that there was entered in this office today in the above captioned case. Judgement of
$432,893.54 for the plaintiff and against defendants.
Date:
1
Prothonotary