HomeMy WebLinkAbout04-6040
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY:
James T. Shoemaker, Esq.
ATTORNEY FOR Plaintiff
IDENTIFICATION NO. 63871
LAW OFFICES
600 THIRD AVENUE
KINGSTON, PA 18704-5815
(570) 287-3000
MELLON BANK, N.A., now by assignment
CITIZENS BANK OF PENNSYL VANIA
8 West Market St.
Wilkes-Barre, PA 18701,
IN THE COURT OF COMMON PLEAS
OlF CUMBERLAND COUNTY
Plaintiff
vs.
CIVIL ACTION -- LAW
CONFESSION OF JUDGMENT
SANG HO KW AK and YON HW A KW AK
2208 Chatham Way
Harrisburg, PA 17110,
Defendants
NO. 04-6040
AFFIDAVIT OF RETURN OF SERVICE BY MAIL
I, James T. Shoemaker, Esq., being duly sworn according to law, depose and say as
follows:
644085.1
On December 16, 2004 I mailed the requisite 2958.1 Notice via certified mail, return
receipt requested, to the defendant, Sang Ho K wak. Sang Ho K wak signed the return receipt
upon delivery, a photocopy of which is attached hereto as Exhibit "A", which notes service on
December 17,2004.
Sworn to this02/~
day of December, 2004.
4~4-1 17L~-< ~
otary Public
DEBORAH A. ~ARIAL SEAL
W1lkes-Barr~:- Notary Public
My Comm/SSl me County
on expires Oct. 9, 2005
644085.1
HOURIGAN, KLUGER & QUINN, P.C.
..::::::::=:-
By: ~:=-t>
James T. Shoemaker, Esquire
Attorney for Plaintiff
2
SENDER' CO/17,'JLETE THIS SECTION
II.
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to .you.
) . Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
o Agent
o Addressee
. .c;:. Date of Delivery
D. Is delivery i!ddress different from item 1? 0 Yes
.. If YES,. ent,er delivery address below: 0 No
Sang Ho Kwak
2208 Chatham Way
Harrisburg, PA 17110
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3. Service Type
1ft Certified Mail 0 Express Mail
. d Registemd 0 Return Receipt for Merchandise
o Insured Mai/ 0 C.O.D.
4. Restricted [Ie/ivery? (Extra Fee) 0 Yes
FIL.~ #' (/SOIJ/- If.. f 7 ()
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\ 2. Article Number
i (rransferfrom service le~)
I PS Form 3811, A~gus; 2001
I
/1,,7o.tf4IJ.1.. dO ~ If-r,c'(1Y
Domestic Return Receipt
102595-02.M-1540
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I.----.-.-.---------.~-_..._..__..--_._--_..__..- '"---
. JAMES T. SHOEMAKER, ESQ. '
600 THIRD AVENUE '
Kn'lGSTONPA 18704 .
1m mul.tUlUl., nl. ,J,I.I.}..I. ...lI.lu MI... JJ,....' m
EXHIBIT "A"
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F \F1LES\DA T AFlLE\DickinsonCollege76l Q\CoUections\Cunent\288 pm I
Created: 12/22/04 204PM
Revised' 12/22/04 2.54PM
7619c 288
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-6063
CIVIL ACTIO]S-- LAW
TRACY L. GRIFFITH,
Defendant.
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Tracy L. Griffith, in the above-captioned
action and forward to the Cumberland County Sheriff s Office for service.
MARTSON DEARJD
~
By
DavI . Gal , E
1. D. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date: December 22, 2004
Attorneys for Plaintiff
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Prothonotary
Court of Common Pleas
Cumberland County Courthouse
Carlisle, Pennsylvania
No.
,2004
CUMBERLAND COUNTY PENNSYL VANIA
TO: Sang Ho Kwak
2208 Chatham Way
Harrisburg, P A 17110
AS PRESCRIBED BY LAW, YOU ARE NOTIFIED THAT A JUDGMENT HAS
BEEN FILED IN THIS OFFICE AGAINST YOU BY MELLON BANK, N.A., NOW BY
ASSIGNMENT, CITIZENS BANK OF PENNSYLVANIA IN THE AMOUNT OF '/
$384,~~R WITH INTEREST AND COSTS UNTIL PAID, ON THE ~ DAY
OF. ~ ~ 2004.
Yours truly,
Uutt<J R I~
PROTHONOTARY ::J
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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
MELLON BANK, N.A., now by assignment
CITIZENS BANK OF PENNSYLVANIA
8 West Market St.
Wilkes-Barre, PA 18701,
ATTORNEY FOR DEFENDANTS/PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CIVIL ACTION -- LA W
CONFESSION OF nJDGMENT
SANG HO KW AK and YON HW A KW AK
2208 Chatham Way
Harrisburg, PA 17110,
Defendants
NO. (?t;- t,.olfO 2004
CONFESSION OF JUDGM]~NT
Pursuant to the authority set forth in the warrant of attorney contained in the original
promissory note, a true and correct copy of which is attached to the complaint filed in this action,
I appear for the defendants and confess judgment in favor of the plaintiff and against the
defendants as follows:
b3800I. J
Principal: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $311,149.22
Interest to 10/26/04: .............................. $ 8,512.74
Late charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 583.24
Attorney's fees (20%):. . . . . . . . . . . . . . . . . .. ......... $ 64.049.04
Total: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $384,294.24
plus interest and costs
until paid.
HOURIGAN, KLUGER & QUINN, P.e.
BY:
JAMES T. SHOEMAKER, ESQUIRE
LD. No. 63871
Attorney for the defendants for the purpose of
this complaint; otherwise, attorney for the
plaintiff, Citizens Bank of Pennsylvania
'~=-s
ORDER
. AND NOW, this d-. day of k ' 2004, judgment is entered in favor of the
plaintiff, Citizens Bank of Pennsylvania, and against the defendants, Sang Ho Kwak and Yon
Hwa Kwak, in the amount of Three Hundred Eighty-Four Thousand Two Hundred Ninety-Four
and 24/1 00 dollars ($384,294.24), together with interest and costs until paid.
PROTHONOTARY
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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
600 THIRD AVENUE
KINGSTON, PA 18704
(570) 287-3000
ATTORNEY FOR PLAINTIFF
MELLON BANK, N.A., now by assignment
CITIZENS BANK OF PENNSYLVANIA
8 West Market St.
Wilkes-Barre, PA 18701,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CIVIL ACTION -- LAW
CONFESSION OF JUDGMENT
SANG HO KW AK and YON HW A KW AK
2208 Chatham Way
Harrisburg, P A 1711 0,
Defendants
NO.
2004
COMPLAINT
The plaintiff, Mellon Bank, NA., now by assignment, Citizens Bank of Pennsylvania (the
"Bank"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., complains ofthe defendants, Sang
Ho Kwak ("Mr. Kwak") and Yon Hwa Kwak ("Mrs. Kwak")(jointly, the "Kwaks"), as follow:-:
1. The Bank is a Pennsylvania state chartered bank conducting business in the
Commonwealth of Pennsylvania, having its principal office located al: 8 West Market Street, Wilkt:s-
Barre, PA 18711-0101.
637992.1
2. Mr. Kwak is an adult individual with a last known address of2208 Chatham Way,
Harrisburg, P A 17110.
3. Upon information and belief, Mrs. Kwak is deceased..
4. On or about May 28, 1999, the Bank made a loan to the Kwaks in the amount of
$395,000.00.
4. The aforesaid loan is evidenced by a note and securily agreement dated May 28, 1999
(the "Note"). (A true and correct copy ofthe Note is attached hereto, incorporated herein and marked as
Exhibit "A.")
5. There has been no assignment of the Note, except as stated above.
6. The debt due and owing the Bank by the Kwaks is evidenced by an affidavit of Joseph
E. Sweeney, Vice President of the plaintiff ("Sweeney' s Affidavit). (Sweeney's Affidavit is attached
hereto as Exhibit "B" and incorporated herein by reference.)
7. No judgment has heretofore been entered, in any jurisdiction, under the power to
confess judgment in the Note.
8. A default occurred under the Note in that the Kwaks failed to make payments under
another obligation owed by them to the Bank, wherein the Bank declared the entire balance of the Note
due and payable.
9. The Note authorizes the Bank to confess judgment against the K waks in favor of the
Bank for the amount that the Kwaks are liable to the Bank, with interl~st, costs and an attorneys'
commission of 20%, with release of errors.
10. Judgment by confession is not being entered against the Kwaks in connection with a
consumer credit transaction.
637992.1
11. The Kwaks are indebted to the plaintiff as follows:
1. Principal ................................. $311,149.22
2. Interest to 10/26/04 . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,512.74
3. Late charges .............................. $ 583.24
4. Attorney's fees (20%) . . . . . . . . . . . . . . . . . . . . . . . $ 64.049.04
TOTAL . . . . . . . . . . . . $384,294.24
plus interest and costs until paid.
WHEREFORE, the plaintiff, Mellon Bank, N.A., now by assignment, Citizens Bank of
Pennsylvania, requests that the Prothonotary enter judgment against the defendants, Sang Ho
Kwak and Yon Hwa Kwak, in the amount of $384,294.24, togelther with interest and costs until
paid.
Respectfully submitlted,
HOURIGAN, KLUGER & QUINN, P.C.
By:
~~
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Mellon Bank, N.A.,
now by assignment, Citizens Bank of
Pennsylvania
600 Third Avenue
Kingston, P A 18704
Telephone: (570) 287-3000
Facsimile: (570) 287-8005
Dated: N J,.J~"o\v :2-3,2004
637')92.1
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$ 395,000.00
Promise To Pay.. FOR VALUE RECElVED,a~d intending to be legally
bound, Undersigned, as defined below, promises to pay to:
Mellon Bank, N.A.
("Bank") or its order at
Harrisburg, Pennsylvania
the sum of
Three Hundred Ninetv Five Thousand and
00/100
Dollars ($ 395,000.00 ), ;with interest on the
outstanding balance from the date of: this Promissory Note
("Note") at the rate(s) ("Contractual Rate(s)") and in accordance
with the repayment schedule specified belqw.
Contractual Rate(s); Repayment Schedules. :
o Interest at a rate per annum :which is %
above Bank's Prime Rate, such rate to change from time to time
as of the effective date of each announcea change in such Prime
Rate, shall be paid when principal ~nts are due. Principal
shalI be paid in consecutive qtonthIy instalIments of
$ each, commencing bn
and continuing thereafter on the : day of each month
with the balance of the indebtedness, if n~t sooner paid, due and
payable on :
,
o Interest at a rate per annum which is %
above the CD Rate, such rate to change from time to time as of
the effective date of each change in or re$etting of the CD Rate
sh~1I ~ paid when principal payments a~ due. Principal shalI ~
paid ID consecutive mdnthly instalIments of
$ each, . i commencing on
. and continu~g thereafter on the
day of each month wit~ the balance of the
indebtedness, if not sooner paid, que and payable on
I
o The principal balance herjeof, together with all
accrued and unpaid interest, shaIl be' paid on
and interest at a rate per annum Wbi~ is % a~
Bank's P~e Rate, such rate to change om time to time as of
the effective date of each announced ch ge in such Prime Rate
shall be paid on the day of eachl month commencing o~
. I
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o The principal balance het' f, together with all
.accrued and unpaid interest, shaIl be pai on .
and interest at a rate per annum which' % above the
CD Rate, such rate to change from to time as of the
effect~e date of each change in or reset~~c:f the CD Rate, shalI
be paid on the day of each rlUUth commencing on
I
o In no event shall the rate charged I' on this Note exceed
. % per annum.
I
o The principal balance b~eof' together with all
a~ed and unpaid interest, shall be pai on .
and mterest at the rate of % r annum shall be paid
on the day of each m nth commencing on
. I
S .'\ ..' y,v- I
IX) . f) Interest shalI be calcul,ted at the rate of
A . c;n % per annum. Principal and ~terest shalI be paid in
, 7 q consecutive monthlY instalIments of
$ 3 , 9 ? 3 _ 6 5 each, commenci
.
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07/01/1995'--.. and continuing thereafter on the 1ST
day of each month with the balance of the indebtedness if not
soo~er paid, due and payable on 06/01/2014. During any
penod that the: Contractual Rate(s) is reduced by 0.25% per
annum, as described elsewhere in this Note instaIlments of
princrl and interest shall instead be in 'the amount of
$ ,864. 70 each. If the reduction in the Contractual
Rate(s) is no longer in effect, the amount of instalIments of
principal and int,erest shall return to and be the same as the amount
of such installments prior to the reduction in the Contractual
Rate(s).
Un?ersigned shall pay Bank concurrently with the execution and
dehvery hereof, or Undersigned previously has paid Bank, an
origination fee of $ 3 , 950 . 00 . to compensate Bank
for its underwriting, origination and administration of the loan
evidenced by this Note. This fee shall be deemed fully earned by
Bank on the date hereof, shall not be refunded, and is in addition
to any other fees, costs or expenses which may be due and payable
hereunder.
Unless Undersigned has authorized Bank to take payments out of
a ~ellon ~ecldng Account, as set forth below, Undersigned will
mall or deliver 10 Bank the amount billed by Bank each month.
Undersigned will mail or deliver the payments so that Bank
receives all payments no later than the due date shown on each bill.
o Undersigned authorizes Bank to take all
payments of principal aOli/or interest and/or other amounts due
under this Note out of Undersigned's MelIon Olecking Account
Number . titled in the name(s) of
, on or
after the __ day of each month. Undersigned will keep a
sufficient balancc~ in this account to cover the full amounts of all
required paymc~nts. At its option, Bank may terminate
Undersigned's ability to use this service. This authorization shall
remain in e.ffect until revoked by Undersigned in writing or until
the l?Bn evtdenoed by this Note is paid in full or until Bank has
termID~ted Undersi~ed's a?i1ity ~o use thi~ service, as the case may
be. Pnor to matunty, while thIS authonzation is in effect and
provided that Undersigned keeps a sufficient balance in this
account to cover the full amounts of alI required payments, the
Cont~ctu~1 Rat.(:(s) shall be. reduced by 0;25% per annum. This
authonzatton Will be effectIVe even though this Note and the
account may be titled in different versions of Undersigned's name.
If the original principal amount of this Note is in excess of
$10,000.00, or if Undersigned is a corporation, ipterest shall be
calcul~t~ on ~e. basis of a 360-day year and actual days elapsed. If
the onglDal pnnClpal amount of this Note is $10,000.00, or less, and
Undersigned is not a corporation, interest shall be calculated on the
basis of a 365-<1ay year or 366-<1ay year, as the case may be, and
actual days elapsed.
"Prime Rate" shalll mean the interest rate per annum announced
from time to time: by Bank as its Prime Rate. The Prime Rate may
be greater or less than other interest rates charged by Bank to
?ther borrowers. and is not solely based or dependent upon the
IDterest rate whICh Bank may charge any particular borrower or
class of borrowers.
If a single. certificl'te of deJ?OSit is held by Bank as collateral security
for t?e ,?debtedn':88 evtdenced by this Note, as more fully
desc~bed 10 t~e Asslgn~ent of Deposit Account expressly referring
to thIS Note, CD Rate shall mean the interest rate paid by Bank
on such certificate of deposit (the "Certificate"), said CD Rate to be
Page lof5
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., . . . .
reset by Bank at each renewal of the Ceru6~te. If more than one
certificate of deposit is held by Bank as collateral security for the
indebtedness evidenced by this Note, as more fully described in the
Assignment(s) of Deposit Account expressly referring to this Note,
"CD Rate" shall mean the highest of the interest rates paid by Bank
on such certificates of deposit (the "Certificates"), said CD Rate to
be reset at each renewal of each Certificate.
Late Charge. If any payment (including without limitation any
regularly scheduled payment, balloon payment or final payment) is
not paid within 15 calendar days after it is due, Undersigned will pay
a late charge of the greater of $25.00, or three percent (3%) of the
unpaid portion of the scheduled payment due (regardless of whether
the payment due consists of principal and interest, principal only or
interest only). Such late charge shall be in addition to any increase
made to the Contractual Rate(s) applicable to the outstanding
balance hereof as a result of maturity of this Note or otherwise, as
well as in addition to any other applicable fees, charges and costs.
Default Rate(s); Post-Maturity Rate(s). Upon the occurrence of
any Event of Default (as defined in this Note), at Bank's option,
interest shall accrue at a rate equal to two percent (2%) per annum
above the Contractual Rate(s) until the earlier of the date that such
Event of Default has been cured or until and including the date of
maturity hereof.
After maturity, whether by acceleration or otherwise, interest shall
accrue at a rate equal to two percent (2%) per annum above the
Contractual Rate(s) until all sums due hereunder are paid. Interest
shall continue to accrue after the entry of judgment (by confession or
otherwise) at the Contractual Rate(s) until all sums due hereunder
and/or under the judgment are paid, except that after maturity or, at
Bank's option, upon the occurrence of any Event of Default, interest
shall accrue at a rate equal to two percent (2%) per annum above
the Contractual Rate( s).
Books and Records; Time of Essence. So long as Bank is the
holder hereof, Bank's books and records shall be presumed, except
in the case of manifest error, to accurately evidence at all times all
amounts outstanding under this Note and the date and amount of
each advance and payment made pursuant hereto.
The prompt and faithful performance of all of Undersigned's
obligations hereunder, including without limitation time of payment,
is of the essence of this Note.
Security Interest, Setoff and Assignments. To secure aU amounts
at any time owing or payable under this Note and Undersigned's
obligations hereunder, as well as to secure all costs and expenses
incurred by Bank in the collection or enforcement of this Note or the
.protection of any collateral securing this Note (including without
limitation all advances made by Bank for taxes, levies, insurance,
filing fees, and repairs to or maintenance of said collateral),
Undersigned hereby grants to Bank a security interest in, lien upon,
and right of setoff against, all deposit accounts, credits, securities,
moneys, or other property of Undersigned which may at any time be
in the possession of, delivered to, or owed by Bank, including any
proceeds or returned or unearned premiums of insurance, and the
proceeds of all the foregoing property. Other property, real or
personal, may secure this Note, as set forth in other documents and
agreements.
Undersigned acknowJedges and agrees that Undersigned shall
renew, or cause to be renewed, the Certificate(s), if any, until the
indebtedness evidenced by this Note has been paid in full.
Undersigned further agrees that Undersigned will execute, or will
cause to be executed, upon demand by Bank any financing
statements or other documents, including, without limitation,
additional Assignments of Deposit Account, which Bank may deem
necessary or desirable to evidence, perfect or maintain perfection of
the security interests aeated in the Certificate(s) and any renewals,
replacements and substitutions thereof.
.....,
Additional Tenus and Conditions
1. Covenarm;'. Undersigned covenants and agrees that until all
indebtedness evidenced hereby has been paid in full, Undersigned
shall: (a) maintain at all times a positive tangible net worth; (b) (1)
have all Emironmental Permits necessary for the conduct of each
of Undersigned's businesses and operations, (2) conduct each of
Undersigned.'s businesses and operations in material compliance
with all applicable Environmental Laws and Environmental
Permits, (3) not permit to exist any event or condition that requires
or is likely to require Undersigned under any Environmental Law
to pay or e:xpend funds by way of fines, judgments, damages,
cleanup, remediation or the like in an aggregate amount, the
payment of which could reasonably be expected to interfere
substantially with normal operations of Undersigned or materially
adversely affect the financial condition of Undersigned, (4) notify
Bank promptly upon becoming aware of any pending or threatened
proceeding, :mit, investigation, allegation or inquiry regarding any
alleged event or condition that, if resolved unfavorably to
Undersigned or any of Undersigned's subsidiaries or affiliates, is
likely to cause Undersigned or any of its subsidiaries or affiliates
under any Environmental Law to payor expend funds by way of
fines, judgmc~nts, damages, cleaning, remediation or the like, and
(5) provide at Undersigned's cost, upon request by Bank,
certifications, documentation, copies of pleadings and other
information regarding the above, all in form and content
satisfactory to Bank; (c) conduct each of Undersigned's businesses
and operations in material compliance with all federal, state or local
laws, statutes, regulations, rules, ordinances, court or administrative
orders or decrees, or private agreements or interpretations, now or
hereafter in .~tence, directly or indirectly relating to or affecting
Undersigned's businesses or operations; (d) use the proceeds of the
loan evideno:d hereby only for business purpose( s) specified to
Bank at or prior to the execution hereof; (e) promptly notify Bank
in writing of any change in Undersigned's residence or Chief
Executive Otfice; (f) purchase and maintain policies of insurance
(including flood insurance) to protect against such risks and
casualties, atld in such amounts, as shall be required by Bank
and/or applicable law, which policies shall (1) be in form and
substance satisfactory to Bank, (2) at Bank's option, designate
Bank as loss payee and/or as additional insured, and/or contain a
lender's loss payable endorsement, and (3) be (or certificates
evidencing same shall be) deposited with Bank; (g) (1) maintain
and keep proper records and books of account in conformance with
generally aoo~pted accounting principles applied on a consistent
basis in which full, true and correct entries shall be made of all
Undersigned':; dealings and business affairs, (2) provide to Bank at
Undersigned'li cost, upon Bank's request, financial or other
information, documentation or certifications (including without
limitation annual and periodic balance sheets and income
statements, personal financial statements, federal income tax
returns, inventory reports (including a description of raw materials,
finished goodl, and the aging thereof, as applicable), and accounts
receivable and payable aging reports), all in form and content
satisfactory to Bank, and (3) permit, upon request by Bank, any of
the officers, I~mployees or representatives of Bank to visit and
inspect any of Undersigned's properties and locations and to
examine its books and records and discuss the affairs, finances and
accounts of Undersigned with representatives thereof, as often as
Bank may rec:luest; (b) provide additional collateral at such times
and having Stich value as Bank may request, if Bank shall have
reasonable grounds for believing that the value of the COllateral
securing the indebtedness evidenced by this Note has become
insufficient to &eCUre said indebtedne.sBj (i) pay, upon demand by
Bank, (1) all costs and fees pertaining to the filing of any financing,
continuation or termination statements, mortgages, satisfaction
pieces, judgm(:nts and any other type of document which Bank
deems necessary or desirable to be filed with regard to security
interests whi<:h secure the indebtedness evidenced hereby,
regardless of whether such security interests were granted by
Undersigned, (lnd (2) all costs and expenses incurred by Bank in
Page 20f5
, '.~~" '
ronnection with any collateral securing this Note (including without
limitation all advances made by Bank for taxes, levies, insurance,
repairs to or maintenance of said collateral, appraisal or valuation
of said collateral, and determination of flood hazard), regardless of
whether such collateral is owned by Undersigned; and (j) pay, upon
demand by Bank, all amounts incurred by Bank in connection with
any action or proceeding taken or commenced by Bank to enforce
or collect this Note, including attorney's fees equal to the lesser of
(1) 20% of the outstanding principal balance and interest then due
hereunder or $500.00, whichever is greater, or (2) the maximum
amount permitted by law, plus attorney's costs and all costs of legal
proceedings.
2 Events of Default The occurrence of any of the following shall
constitute an "Event of Default" hereunder: (a) default in payment
or performance of any of the indebtedness or obligations evidenced
by this Note or any other evidence of liability of Undersigned to
Bank; (b) the breach by any Obligor (defined as Undersigned and
each surety or guarantor of any of Undersigned's liabilities to Bank
as well as any person or entity granting Bank a security interest in
property to secure any indebtedness) of any covenant contained in
this Note or in any separate security, guarantee or suretyship
agreement between Bank and any Obligor, the occurrence of any
default hereunder or under the terms of any such agreement, or
the discovery by Bank of any false or misleading representation
made by any Obligor herein or in any such agreement or in any
other information submitted to Bank by any Obligor; (c) with
respect to any Obligor: (1) death or incapacity of any individual or
general partner, or (2) dissolution of any partnership or
corporation; (d) any assignment for the benefit of creditors by any
Obligor; (e) insolvency of any Obligor; (f) the filing or
commencement of any petition, action, case or proceeding,
voluntary or involuntary, under any state or federal law regarding
bankruptcy, insolvency, reorganization, receivership or dissolution,
including the Bankruptcy Reform Act of 1978, as amended, by or
against any Obligor; (g) default under the terms of any lease of or
mortgage on the premises where real or personal property securing
the indebtedness evidenced by this Note is located; (h) the
garnishment, tax assessment, attachment or taking by
governmental authority or other creditor of any property of any
Obligor which is in Bank's possession or which constitutes security
for any indebtedness evidenced hereby; (i) entry of judgment
against any Obligor in any court of record; (j) the assessment
against any Obligor by the 'Internal Revenue Service or any other
federal, state or local taxing authority of unpaid taxes, or the
issuance of a levy or the entering of a lien in connection therewith;
(k) change in control of or transfer of any interest in any Obligor
(other than an Obligor who is an individual); (1) a determination by
Bank, which determination shall be conclusive if made in good
faith, that a material adverse change has occurred in the financial
- or business condition of any Obligor; (m) the maturity of any life
insurance policy held as collateral for the indebtedness evidenced
by this Note by reason of the death of the insured or otherwise; or
(n) default by Undersigned in the payment of any indebtedness of
Undersigned or in the performance of any of Undersigned's
obligations (other than indebtedness or obligations evidenced by
this Note or any other evidence of liability of Undersigned to Bank)
and such default shall continue for more than any applicable grace
period.
3. Acceleration; Remedies. Upon the occurrence of any Event of
Default: (a) all amounts due under this Note, including the unpaid
balance of principal and interest hereof, shall become immediately
due and payable at the option of Bank, without any demand or
notice whatsoever; and (b) Bank may immediately and without
demand exercise any of its rights and remedies granted herein,
under applicable law, or which it may otherwise have, against
Undersigned or otherwise. Notwithstanding any provision to the
contrary contained herein, upon the occurrence of an Event of
Default as described in Section 2(f) hereof, aU amounts due under
this Note, incllJding W.."Jut limitation the unpaid balance of principal
and interest I~ereof, shall become immediately due and payable,
without any demand, notice or further action by Bank whatsoever,
and an action therefor shall immediately accrue.
4. Bank's Rights. Undersigned hereby authorizes Bank, and Bank
shall have the continuing right, at its sole option and discretion, to: (a)
do anything which Undersigned is required but fails to do, and in
particular Bank: may, if Undersigned fails to do so, obtain and pay any
premiums payable on any policy of insurance required to be obtained
or maintained hereunder; (b) direct any insurer to make payment of
any insurance:: proceeds, including any returned or unearned
premiums, di:rectly to Bank, and apply such moneys to any
indebtedness or other amount evidenced hereby in such order or
fashion as Bank may elect; (c) pay the proceeds of the loan evidenced
by this Note to any or all of the Undersigned individually or jointly, or
to such other person(s) as any of the Undersigned may direct, except
to the extent otherwise provided in Section 6 hereof; and (d) add any
amounts paid or incurred by Bank under Section l(i), Section 1(j) or
Section 4(a) to the principal amount of the indebtedness evidenced
by this Note.
5. Authorization to Borrow. Undersigned hereby represents, warrants,
certifies and covenants as follows:
(a) If Undersil~ned is a corporation, that the person(s) signing below
hold(s) the omce(s) indicated below (and continue to hold such
office(s) until Bank has received notice to the contrary in writing
from Undersigned), and that the Board of Directors of Undersigned
has adopted rc~lutions providing that: (1) the person(s) executing
and delivering this Note on behalf of Undersigned is/are authorized
(i) to incur indi~btedness and obligations on behalf of Undersigned by
borrowing or making other financial arrangements with Bank from
time to time, upon terms and conditions as they in their sole
discretion deem desirable, (Ii) to make, execute and deliver
promissory notes, letter of credit agreements, security agreements,
assignments, mortgages and all other documents required by Bank in
connection with the incurring of indebtedness or obligations, and (Iii)
to assign and pledge as collateral security for any such indebtedness
or obligations, now or hereafter existing, any real or personal
property of Undersigned; (2) the actions of anyone or more officers
of Undersigned in borrowing money from Bank heretofore for the
account of Undersigned, in assigning or pledging any of
Undersigned's property for the payment thereof, or in doing any
other act in connection therewith are hereby ratified, confirmed and
approved; and (3) said resolutions shall have the force of a continuing
agreement with Bank, and shall be binding upon Undersigned until a
resolution amending them shall have been duly and legally adopted
and Bank furn~lhed a certified copy thereof.
(b) If Undersi,gned is a partnership, that (1) Undersigned's name
shown below is a trade name of Undersigned's firm used in the
conduct of an unincorporated business owned entirely by the persons
signing this Note on behalf of said partnership; (2) the partners
executing and delivering this Note are authorized (i) to incur
indebtedness and obligations on behalf of Undersigned by borrowing
from or making other financing or credit accommodations with Bank
from time to time, upon such terms and conditions as they in their
sole discretion deem desirable, (ii) to make, execute, and deliver
promissory not,es, letter of credit agreements, security agreements,
assignments, mortgages and all other documents required by Bank in
connection with the incurring of indebtedness or obligations, and (Iii)
to assign and pledge as collateral security for any such indebtedness
or obligationS: "nOw or hereafter existing, any real or personal
property of Undersigned; (3) the actions of any one or more partners
of Undersigned in borrowing money from Bank heretofore for the
account of Undersigned, in assigning or pledging any of
Undersigned's property for the payment thereof, or in doing any
other act in connection therewith are hereby ratified, confirmed, and
approved; (4) notwithstanding any modification or terminatIOn of the
Page 3 of5
~\J, .
"
..
..
~
power of any of the partners to represent said firm, whether by
expiration of the partnership agreement, by death or retirement
of any partner, or the accession of one or more new partners, or
otherwise, and notwithstanding any other notice thereof Bank
may receive, this authority shall continue to be binding upon each
of the Undersigned individually and upon their legal
representatives, and upon Undersigned and its successors, until
Bank has received notice in writing to the contrary signed by one
of the Undersigned or by Undersigned's duly authorized agent
(Receipt of such notice will not relieve any partner of any liability
arising from obligations incurred prior to Bank's receipt of such
notice.), and (5) nothing herein shall be construed to limit the
rights granted to a partner by law or by the partnership
agreement, but all rights granted herein shall be in addition to
such rights.
6. Definitions; Miscellaneous Provisions. (a) Undersigned waives
(except where requested hereby) notice of action taken by Bank;
and hereby ratifies and confirms whatever Bank may do. Bank
shall be entitled to exercise any right notwithstanding any prior
exercise, failure to exercise or delay in exercising any such right.
(b) Bank: shall retain the lien of any judgment entered on account
of the indebtedness evidenced hereby. Undersigned warrants that
Undersigned has no defense whatsoever to any action or
proceeding that may be brought to enforce or realize on any such
judgment. (c) If any provision hereof shall for any reason be held
invalid or unenforceable, no other provision shall be affected
thereby, and this Note shall be construed as if the invalid or
unenforceable provision had never been a part of it. The
descriptive headings of this Note are for convenience only and
shall not in any way affect the meaning or construction of any
provision hereof. (d) The rights and privileges of Bank contained
in this Note shall inure to the benefit of its successors and assigns,
and the duties of Undersigned shall bind all heirs, personal
representatives, successors and assigns. (e) This Note shall in all
respects be governed by the laws of the state in which this Note is
payable (except to the extent that federal law governs). (f)
Undersigned hereby irrevocably appoints Bank and each holder
hereof as Undersigned's attorney-in-fact to endorse
Undersigned's name to any draft or check which may be payable
to Undersigned in order to collect the proceeds of any insurance
or any returned or unearned premiums in respect of any policies
of insurance required to be maintained hereunder. Undersigned
hereby acknowledges that this appointment of Bank and each
holder hereof as attorney-in-fact is irrevocable and is coupled
with an interest. (g) Undersigned assigns to Bank all moneys
which may become payable on any policy of insurance required to
be maintained under this Note, Including any returned or
unearned premiums. (h) "Environmental Law" means any
_ federal, state or local environmental law, statute, regulation, rule,
ordinance, court or administrative order or decree, or private
agreement or interpretation, now or hereafter in existence,
relating to the manufacture, distribution, labeling, use, handling,
collection, storage, treatment, disposal or otherwise of Hazardous
Substances, or in any way relating to pollution or protection of
the environment or public health. (i) "Environmental Permit"
means any federal, state or local permit, license or authorization
issued under or in connection with any Environmental Law. (j)
"Hazardous Substances" means petroleum and petroleum
products, radioactive materials, asbestos, radon, lead
containing materials, sewage or any materials or substances
defined as or included in the definitioo of "bazardous wastes,"
"hazardous substances," "hazardous materials," "toxic
substances," "hazardous air pollutants," "toxic pollutants,"
"pollution," OIr terms of similar meaning, as those terms are
used in any Environmental Law. (k) wernef Executive Office"
means the place from which the main part of the business
operations of an entity is managed. (I) "Undersigned" refers
individually lJind collectively to all makers of this Note,
including, in tile case of any partnership, aU general partners of
such partnership individually and collectively, whether or not
such partners sign below. Undersigned shaD each be jointly and
severally bound by the terms hereof, and, with respect to any
partnership ~:ecuting this Note, each general partner shall be
bound hereby both in such general partner's individual and
partnership capacities.
7. Direction to Pay Proceeds.Undersigned hereby authorizes and
directs Bank to pay the proceeds of this Note by: , . '7
-iJ crediting Account Number 000- f; 2.1 ~ 1l/ '1-1, .fI (p I; zel l,
1'in the name of / fl /
.'5{/N6 WO ~OJ'J jfWIf KlJn1\.
/n the amou:tronfR$ :f;I 152 q {; 0 E i.1~Jf?~ m tile'"
''Q1paying {11v (PI' IOI-f.,i~-J 2 (pC/$""" ~
j'\ A WE :i1.31 ,3(;)5.3 h q; 'z- q 2-D
the amount of $ .
~ying fjtN{f"/CfiL! 91;)90/. ~'I
the amount of $
8. Affidavit of Basiness Loan. (Ibis Mfidavit is not applicable if
Undersigned is a corporation.) Undersigned, being duly
authorized, depose(s) and say(s) under penalty of perjury that
Undersigned:
(a) blAre engaged in business asli1 Owner(s), 0 General
Partner( s) of: (name and nature of business)
YOUNG' F()OD MARKET AND
SAY-F D :SUPERMARKET i (. C, A-
FOOD MARKl~T
(b) Hereby rrlake(s) application to Bank for a loan, the
proceeds ofwbich will be utilized for the purpose(s) of
REFINANCE MELLON DEBT. OTHER DEBT
CONSOLIDA~rION & EQUIPMENT & INVOICE
PURCHASE
(c) Exercise(s) actual control over the managerial decisions of
the business.
(Remainder of page intentionally left blank)
Page 4 of 5
'v'
"
9, Confession of Judgment. UNDERSIGNED HEREBY
EMPOWERS THE PROTHONOTARY OR ANY
ATIORNEY OF ANY COURT OF RECORD TO APPEAR
FOR UNDERSIGNED AND TO CONFESS JUDGMENT
AS OFTEN AS NECESSARY AGAINST UNDERSIGNED
IN FAVOR OF THE HOLDER HEREOF, REGARDLESS
OF WHETHER ANY EVENT OF DEFAULT HAS
OCCURRED, AT ANY TIME AND AS OF ANY lERM,
FOR TIm OUTSTANDING PRINCIPAL BALANCE
HEREOF PLUS INTEREST DUE UNDER THE TERMS
-
HEREOF AND ALL OTIlER AMOUNTS DUE
HEREUNDER, TOGETHER WITII COSTS OF LEGAL
PROCEEDINGS AND AN ATIORNEY'S COMMISSION
EQUAL TO THE LESSER OF (A) 20% OF THE
OUTSTANDING PRINCIPAL BALANCE AND
INTEREST THEN DUE HEREUNDER OR $500.00,
WHICHEVER IS GREATER, OR (B) THE MAXIMUM
AMOUNT PERMITI'ED BY LAW, WITH RELEASE OF
ALL ERRORS. UNDERSIGNED WAIVBS ALL LAWS
EXEMPTING REAL OR PERSONAL PROPERTY
FROM EXEClmON.
By signing this Note, Undersigned agrees to all terms of the Note and swears:. under penalty of perjury (as set forth in
18 Pa.C.S. ~904, ir governed by Pennsylvania law), to the AlIIdavlt or Business Loan (Ir completed) set forth in
Section 8 of this Note.
Illlllllfllll::::::: :~III'I:III"~
Witness the due execution hereof under seal
x
Witness:
:itne~~
Mellon Bank, NA
Mellon Bank (DE) National Association
CL-4543 Rev.(10196) r..c. 9196 LD 9196
OZl5 P 1~-3823 1 cl4543 (01)
052799,1605
~'~ll:
. X /?~
~ ,
U~!~{J 's FOOD ~~F~.J ":;v/"}':'-~'11.;.JI(,27
672 ~:RVILLE ROAD ).",/. C//
NEWVILLE, PA 17241 ~ l~
Indi viducLl: / ~
J(~'ii'1\K /J>>rL I~ f~ (Seal)
~:RVILLE ROAD
NEWVILLE, PA 17241
Page S ofS
-'iI, .
"
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF LUZERNE
I, Joseph E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, being
duly sworn according to law, depose and say that on October 26, 2004, the amount owed to the
plaintiff, Citizens Bank of Pennsylvania, by the defendants, Sang Ho Kwak and Yon Hwa Kwak,
pursuant to the Note, was as follows:
Principal: ............................ $311,149.22
Interest to 10/26/04: .. . . . . . . . . . . . . . . . . .. $ 8,512.74
Late charges. . . . . . . . . . . . . . . . . . . . . . . . .. $ 583.24
Attorney's fees (20%):. . . . . . . . . . . . . . . . . . . S. 64.049.04
Total: ............................... $384,294.24
. . . . . . . . . . . . . . . . . . plus interest.and costs until paid.
Sworn to and subscribed
before me this /yt7tt. day of
,
l1dvel4-f h~fV ,2004.
-~~
~v
weeney, Vice President
c&~.~
'.. Public .
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jane A. Muscavage, Notary Public
City Of Wilkes-Barre, Luzeme County
My Commission Expires Nov. 3, 2007
Member. Pennsylvp.nia A.ssociatlon Of Notaries
EXHIBIT "B"
(,37i..Jl)j I
VERIFICATION
I, Joseph E. Sweeney, hereby certify that I am an Assistant Vice President of Citizens
Bank of Pennsylvania I have the authority to make this verification on its behalf. I hereby verify
that the factual averments contained in the foregoing confession of judgment and complaint
in confession of judgment an' true upon my pers:)!"l.allc.T1cwledge or inf0rmatiol1 and bdief. 1
understand that this verification is made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating
to unsworn falsification to authorities.
~u'f
637979.1
CERTIFICATION OF COMMERCIAL TRANSACTION
I, Joseph E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, depose and
say, subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities, that
the underlying transaction relative to this complaint in confession of judgment is a commercial
transaction to the best of my knowledge or information and belief.
~~~ A~
eeney, Assistant Vice President
638640. I
AFFIDAVIT OF
NON-MILITARY SERVICE OF DEFI~NDANTS
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF LUZERNE
I, Jospeh E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, being
duly sworn according to law, depose and say that I did, upon the request of Citizens Bank of
Pennsylvania, investigate the status of Sang Ho Kwak and Yon Hwa Kwak with regard to the
Soldiers' and Sailors' Civil Relief Act of 1940. To the best of my knowledge or information and
belief, Sang Ho Kwak and Yon Hwa Kwak are not now, or wefii;~ they, within a period ofthe last
three (3) months, in the military or naval service ofthe United States within the purview ofthe
Soldiers' and Sailors' Relief Act of 1940.
;. t/f
Sworn to and subscribed
-at
before me this Jt[ day of
hbvew.-S,etU 2004
~- JI- Jt~4-'-
. Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jane A. Muscavage, Notary Public
City Of Wilkes-Barre, Luzeme County
My Commission Expires Nov. 3. 2007
Member. Pennsylvania Association Of Notaries
637980.1
AFFIDAVIT OF LAST KNOWN AD][)RESS
COMMONWEALTH OF PENNSYL V ANlA
SS.
COUNTY OF LUZERNE
I, Joseph E. Sweeney, Assistant Vice President, ofCitiztms Bank of Pennsylvania, being
duly sworn according to law, depose and say that the last known address ofthe above-captioned
defendant is as follows:
SangHoKwak
2208 Chatham Way
Harrisburg, P A 17110
Yon Hwa Kwak, Deceased
2208 Chatham Way
Harrisburg, P A 17110
Sworn to and subscribed
before me this If iii day
of '1ovefh b-e'1C-
.At/p
, 2004.
~cA"k~~
. COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jane A. Muscavage, Notary Public
City Of Wilkes-Barre, Luzeme County
My Commission Expires Nov. 3. 2007
Member. PennSIJI\lanl" A%ociat'on Of Notaries
637981.1
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PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.c.P. 3101 to 3149
MELLON BANK. NA. NOW BY ASSIGNMENT
CITIZENS BANK OF PENNSYLVANIA
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
No. 04-6040 Civil
vs.
SANG IIO KW AK AND YON HW A KW AK
No.
Term 2005____E.D.
PRAECIPE FOR WIDT OF EXEC1JI10N
EXECUTION
(MONEY JUDGMENT)
To the Prothonotary: ISSUE WRIT OF EXECUTION IN TIlE ABOVE MATTER,
17110
County, Pennsylvania~
Defendant (s);
(I)
(2)
(3)
(s);
(4)
Directed to the Sheriff Cumberland
against Sang Ho Kwak 2208 Chatham Way. Harrisburg. PA
and against
Gamishee
and index this Writ
(a) against Sang HG K wak
(b) against Garnishee (s),
as a lis pendens against the real property of the defendant (s) as follows: (Specillcally describe property)
Defendant (s) and
Any and all personal property of defendant, including all machinery,
equipment, furniture, fixtures and vehicles located at 672 B10serville Road
Newville, PA 17241.
(5)
Amount due
Interest frol11 12n104
TOTAL
$384,294.24
$
$384,294.24 plus costs and interest
, ./':-
~ ,---
Dated: March 3. 2005
Attorney for Plaintiff (s)
JAMES T. SHOEMAKER, ESQUIRE
NOTE
Under paragraph (I) when the writ is direded to the sheriff Of(\llotlierCOlUJl}';}$ autllOnzed by Rule JIDJib). the county should be indicaled
Under Rule 3103 (e) a writ issued on a t]'an.~ferred judgment IDay be directed only to the sheriff "fthe c<>unty ill which issued
Paragraph (3) lloove should be completed only if a named garnishee is tD b~ inc\lld~d in the wril
Paragraph (<1) (\1) showd be completed only ifind-::xing of the execution in tile COUJJty of issuance, is d~s~ a.' authorized by Rule JI04 {a)
When the ""rit issues 10 lIIIotllef COUllty indexing is required as of COlLrse in that county by lhe PlOthonot81Y See Rule Jl04 ib)
Pllf~gmph (-4) (b) should be completed ollly ifreal property in the flam<! of 11 garnishee is attached bud imi"xing a5 a lis pendens is desired
See Rule3lC4 (c).
653996.1
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6040 Civil
CIVIL ACTION - LA W
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MELLON BANK, N.A., NOW BY ASSIGNMENT
CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s)
From SANG HO KWAK AND YON HWA KWAK, 2208 CHATHAM WAY, HARRISBURG, PA
17110
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF DEFENDANT, INCLUDING ALL MACHINERY, EQUIPMENT,
FURNITURE, FIXTURES AND VEHICLES LOCATED AT 672 BLOSERVILLE ROAD,
NEWVILLE, PA 17241
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $384,294.24
Interest FROM 1212/04
L. L. $.50
Atty's Corom %
Atty Paid $37.00
Plaintiff Paid
Date: MARCH 7, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary
~y: ~~,-r 7f~
Deputy
REQUESTING PARTY:
Name JAMES T. SHOEMAKER, ESQUIRE
Address: 600 THIRD AVENUE
KINGSTON, PA 18704
Attorney for: PLAINTIFF
Telephone: 570-287-3000
Supreme Court lD No. 63871
(Seal)
Deputy
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6040 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MELLON BANK, N.A., NOW BY ASSIGNMENT
CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s)
From SANG HO KWAK AND YON HWA KWAK, 2208 CHATHAM WAY, HARRISBURG, PA
17110
(I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF DEFENDANT, INCLUDING ALL MACHINERY, EQUIPMENT,
FURNITURE, FIXTURES AND VEHICLES LOCATED AT 672 BLOSERVILLE ROAD,
NEWVILLE, PA 17241
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $384,294.24
Interest FROM 12/2/04
L. L. $.50
Atty's Comm %
Atty Paid $37.00
Plaintiffpaid
Date: MARCH 7, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
REQUESTING PARTY:
Name JAMES T. SHOEMAKER, ESQUIRE
Address: 600 THIRD AVENUE
KINGSTON, PA 18704
Attorney for: PLAINTIFF
Telephone: 570-287-3000
Supreme Court ID No. 63871
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
18.00
1.46
.50
1.00
9.62
30.00
4.42
9.00
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74.37
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Advance Costs:
Sheriffs Costs:
150.00
74.37
$ 75.63
Refunded to Atty on 03/29/05
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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James 1. Shoemaker, Esquire
IDENTIFICATION NO. 63871
ATTORNEY FOR PLAINTIFF
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
MELLON BANK, N.A., now by assignment
CITIZENS BANK OF PENNSYLVANIA
8 West Market St.
Wilkes-Barre, PA 18701,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CIVIL ACTION -- LAW
CONFESSION OF JUDGMENT
SANG HO KWAK and YON HWA KWAK
2208 Chatham Way
Harrisburg, PA 17110,
Defendants
NO. 04-6040
PRAECIPE TO SATISFY JUDGMENT
The Plaintiff, Mellon Bank, NA,now by assignment, Citizens Bank of Pennsylvania, hereby
requests the Judgment filed against the Defendants, Sang Ho Kwak and Yon Hwa Kwak, in the
amount of Three Hundred Eighty-Four Thousand Two Hundred Ninety-Four and 24/100
($384,294.24) Dollars, plus interest and costs, be satisfied.
HOURIGAN, KLUGE~QUINN, P.C.
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BY: ~".--::>l
James T. Shoemaker, Esq.
Attorney for Plaintiff
Dated: December -.t, 2005
693777.1
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