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HomeMy WebLinkAbout13-7026 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (� PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 13 - 76o* Plaintiff V. CONFESSION OF JUDGMENT HWA SONG LEE, Defendant PREVIOUSLY ASSIGNED TO: N/A CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant d aenfess, judgment in favor of the Plaintiff and against the Defendant as follows: a. Principal $101,510.57 ry b. Interest $ 3,851.22 C. Late Charges $ 1,655.89► d. Attorney's Commission $ 10.536.18 c,� C) �� m TOTAL: $117,553.86 plus interest at the rate provided in the Note and other expenses, fees and costs to which the Plaintiff is entitled after November 19, 2013, through the date of payment, including on and after the date of entry of judgment on this Complaint. Respectfully submitted, McNees Wallace & Nurick LLC Date: November Z ) , 2013 By: e ffr , Esquire Su e Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5439 Attorneys for Plaintiff, PNC Bank, National Association 44b Ph A O aan 966 P ?aa67 /3 Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5439 Attorneys for Plaintiff, PNC Bank, National Association COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 13 - Plaintiff V. CONFESSION OF JUDGMENT HWA SONG LEE, Defendant : 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 4242 Carlisle Pike, Camp Hill, PA 17011 ( "Plaintiff'). 2. The Defendant, Hwa Song Lee, is an adult individual whose last known address is 6006 Keble Drive, Alexandria, Virginia 22315 ( "Defendant "). 3. The Defendant executed and delivered to the Plaintiff a Commercial Guaranty dated December 2, 2005 ( "Guaranty "), a true and correct reproduction of the original of which (with account numbers redacted) is attached hereto as Exhibit "A" and made part hereof. 4. Under the Guaranty, the Defendant guaranteed to the Plaintiff the payment of all amounts due to the Plaintiff by Hwasung, Inc. dba Cup'a Cup'a ( "Borrower ") under a U.S. Small Business Administration Note dated December 2, 2005 ( "Note "), for a loan ( "Loan ") in the original principal amount of Three Hundred Thousand Dollars- ($300,000.00). A true and correct reproduction of the original Note (with account numbers redacted) 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 Guaranty or the Note, and the Plaintiff is the holder of the Guaranty and the Note. 7. Judgment has not been entered on the Guaranty in any jurisdiction. 8. The Borrower is in default of the Borrower's obligation to make payment to the Plaintiff as required in the Note, and the Defendant is in default of the Defendant's obligation to make payment to the Plaintiff as required in the Guaranty. As a result of the Borrower's and Defendant's defaults, the Plaintiff has demanded payment in full of the Loan. A true and correct reproduction of the Plaintiffs letter demanding payment (with account numbers redacted) is attached hereto as Exhibit "C" and made a part hereof. 9. An itemized computation of the amount owed to the Plaintiff by the Defendant under the Guaranty as of November 19, 2013, is as follows: a. Principal $101,510.57 b. Interest $ 3,851.22 C. Late Charges $ 1,655.89 d. Attorney's Commission $ 10,536.18 TOTAL: $117,553.86 10. Interest at the rate provided in the Note and other expenses, fees and costs to which the Plaintiff is entitled continue to accrue after November 19, 2013, through the date of payment, including on and after the date of entry of judgment on this Complaint. 2 WHEREFORE, the Plaintiff, PNC Bank, National Association, demands judgment against the Defendant, Hwa Song Lee, in the amount of One Hundred Seventeen Thousand Five Hundred Fifty -Three and 86/100 Dollars ($117,553.86), plus interest at the rate provided in the Note and other expenses, fees and costs to which the Plaintiff is entitled after November 19, 2013, through the date of payment, including on and after the date of entry of judgment on this Complaint. Respectfully submitted, McNees Wallace & Nurick LLC Date: November ) , 2013 By: of -e hu , Esquire tugreFire Co ID #24848 100 Pine St eet, PO Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5439 Attorneys for Plaintiff, PNC Bank, National Association 3 VERIFICATION' I, Thomas G. Szalkay, Vice President of 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 Complaint are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: November � � , 2013 By: Thomas G. Szalkay Vice President 6 4 �X�` (Page 1 of 4) r _ , COMMERCIAL, GUARANTY P C Alt ....,..,...,.....# 1 ..................... xD .....,:.<. .:::.:...:.... ....._.:.�,Ct#... >hf6l�........ ........... 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DBA CUP'A CUP'A Lender: PNC Bank, National Association Business Banking - SBA 600 NEW HAMPSHIRE AVENUE, NW 8800 Tinicum Boulevard WASHINGTON, DC 20037 Philadelphia, PA 19153 Guarantor: HWA SONG LEE 6006 KEBLE DRIVE ALEXANDRIA, VA 22315 AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, HWA SONG LEE 1 "Guarantor ") absolutely and unconditionally guarantees and promises to pay to PNC Bank, National Association ( "Lender ") or its order, in legal tender of the United States of America, the Indebtedness lea that term Is defined herein) of HWASUNG, INC. DBA CUP'A CUP'A 1 "Borrower ") to Lender on the terms and conditions set forth in this Guaranty, This Guaranty is a guaranty of payment and not a guaranty of collection. Under this Guaranty, the liability of Guarantor 1a unlimited and the obligations of Guarantor are continuing. INDEBTEDNESS GUARANTEED, The Indebtedness guaranteed by this Guaranty includes any and all of Borrower's indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations and debts to Lender, now existing or hereinafter Incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily Incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of Infancy, insanity, ultra vires, or otherwise. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full, If Guarantor elects to revoke this Guaranty, Guarantor• may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing, Written revocation of this Guaranty will apply only to advances or new, Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and,. specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the some manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It Is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions In the amount of Indebtedness, even to zero dollars ($0.00), prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars 1$0.001. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (BI to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, Including increases and decreases of the rate of interest on the indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (El to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES, Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (Cl Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and iJ) Guarantor has established r (Page 2 of 4) COMMERCIAL GUARANTY (Continued) Page 2 adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or IGI to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever, Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or defenses arising by reason of (A) any "one action" or "anti - deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; IB) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee In bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. To the extent permitted by applicable law, Guarantor grants Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges and transfers to Lender all of Guarantor's right, title and interest in and to Guarantor's accounts with Lender (whether checking, savings or some other account), including without limitation all accounts held jointly with someone else and all accounts Guarantor may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by few. Guarantor authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts and, at Lander's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness, If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations. of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender Is hereby authorized, in the name of Guarantor, from time to time to file financing . statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal taw applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Guaranty has been accepted by Lender In the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Philadelphia County, Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the (Page 3 of 4) COMMERCIAL ,GUARANTY (6ontinued) Page 3 opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words 'Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor,' "Borrower," and "Lender' include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty Is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it Is not necessary for Lender to inquire Into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefecsimile funless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender, No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such Consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. WAIVER OF JURY TRIAL. GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHT GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, ANY RELATED DOCUMENTS, OR ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. LIMITED RECOURSE AS TO NON- APPLICANT SPOUSE. Notwithstanding anything contained herein to the contrary, it is agreed that, unless an exception to the requirements of Regulation 8 of the Board of Governors of the Federal Reserve System applies in connection with the extension of the Indebtedness and the execution of this Guaranty, the spouse who is deemed not to be the "applicant for credit" for purposes of such regulation Ithe "Non - Applicant Spouse ") shall be personally liable under this Guaranty only with respect to assets held jointly as of the date hereof or hereafter acquired, and the lien of any judgment, order or other relief against the Non - Applicant Spouse shall be limited thereto. Nothing herein, however, shall limit the Lender's rights against any person, firm or entity other than the Non - Applicant Spouse. AUTHORIZATION TO OBTAIN CREDIT REPORTS. If the Guarantor is /are an individually), by signing below, the undersigned individual(y), provides written authorization to Lender or its designee (and any assignee or potential assignee hereof) to obtain his/her /their personal credit profile(s) from one or more national credit bureaus. Such authorization Shall extend to obtaining a credit profilels) in considering any extension of credit to the Borrower or the Guarantor and subsequently for the purposes of update, renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account. A photocopy or facsimile copy of this authorization shell be valid as the original. By signature below. I /we affirm mylour identity as the respective individual /s identified in this Guaranty. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall Include the singular, as the context may require, Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word 'Borrower" means HWASUNG, INC. DBA CUP'A CUP'A and includes all co- signers and co- makers signing the Note. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation HWA SONG LEE. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Borrower's indebtedness to Lender as more particularly described in this Guaranty. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note, or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Borrower is responsible under this Guaranty or under any of the Related Documents. In addition, the word "Indebtedness" includes all other obligations, debts and liabilities, plus interest thereon, of Borrower, or any one or more of them, to Lender, as well as all claims by Lender against Borrower, or any one or more of them, whether existing now or later; whether they are voluntary or involuntary due or not due, direct or indirect, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable individually or jointly with others; whether Borrower may be obligated as a guarantor, surety, accommodation party or otherwise; whether recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations; and whether such indebtedness may be or hereafter may become otherwise unenforceable. Lender. The word "Lender" means PNC Bank, National Association, its successors and assigns. Note. The word "Note" means the promissory note dated December 2, 2005, in the original principal amount of $300,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. (Page 4 of 4) COMMERCIAL GUARANTY (Continued) Page 4 Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trustl, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.. CONFESSION OF JUDGEMENT. THE GUARANTOR HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE GUARANTOR AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE GUARANTOR IN FAVOR OF LENDER OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT, THE GUARANTOR HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE. 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 LENDER SHALL ELECT UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF ESTABLISHING A SUM CERTAINI, THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE GUARANTOR SHALL NOT EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER. GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO ITS TERMS, THIS COMMERCIAL GUARANTY IS DATED 121 /O> THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X — ISeal) HWA SONG LEE t %CQ MO L N. VY. 2.2].00.006 C1N• 11Y►W ],red 1NU,w,, W. 1M), 200E N R4i A„ . . IA TACPLLYL1210.F0 Tq4m0dl M-2 1 i � , ��� W �� Exhibit B (Page 1 of 7) U4 Shall Businm Adminislr■Uan z 6 U.S. Small Business Administration NOTE SBA Loan # SBA Loan Name Hwasung, Inc. dba Cup's Cup's Date �� O r 7 Loan Amount 300,000.00 Interest Rate Floating at WSJ Prime plus 2.00% resulting in an initial rate of 9.00% Hwasung, Inc. dba Cup's Cup's Borrower 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 HUNDRED THOUSAND AND 00/100-------- - - - - -- ------ ---- -- Dollars, interest on the unpaid principal balance, and all other amounts required by this Note. I i 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 Form 147 (ON/03M) Version 4.1 Page 1/6 i Bankers Systems, Inc., St. Cloud, MN (Page 2 of 7) 3. PAYMENT TERMS: 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 Initial interest rate on this Note will fluctuate. The initial interest rate is 9.00% per year. This Initial rate is the prime rate on the date SBA received the loan application, plus 2.00 %. The Interest rate must remain in effect until the first change period begins, Borrower must pay principal and interest payments of $3,800.27 every month, beginning one month from the month I 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 principal. The interest rate will be adjusted quarterly (the "change period "). The "Prime Rate" is the prime rate in effect on the first business day of the month in which the an interest rate change occurs, as published in the Wall Street Journal on the next business day. The adjusted Interest rate will be 2.00% 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. The Initial interest rate must remain in effect until the first change period begins. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. If SBA purchase 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. All remaining principal and accrued interest is due and payable 10 years from date of Note. Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5% of the unpaid portion of the regularly scheduled payment. Loan Prepayment: 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 accrued interest; and c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal ( l�oiltt3C 9�p ee}alon 4.1 Page 2/6 Bankers Systems, Inc., St. Cloud, MN (Page 3 of 7) i. SBA 147: Note Page 2 Continuation Continuation of ... .... 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. I I Page 1 Bankers Systems, Inc., St. Cloud, MN (Page 4 of 7) 4. DEFAULT: I 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; i 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; G. Fails to pay any taxes when due; H. Becomes the subject of a proceeding under any bankruptcy or insolvency law; I. Has a receiver or liquidator appointed for any pact of their business or property; J. Makes an assignment for the benefit of creditors; K. Has any adverse change in financial condition or business operation that Lender believes may materially affect Borrower's ability to pay this Note; L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent; or M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 5. LENDER'S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of ii's rights, Lender may: A. Require immediate payment of all amounts owing under this Noce; B. Collect all amounts owing from any Borrower or Guarantor; C. File suit and obtain judgment; D. Take possession of any Collateral; or E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement. 6. LENDER'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may: A. Bid on or buy the Collateral at its sale or the sale of another 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 Form 147 (08103102) Version 4.1 page 318 Bankers Systems, Inc.. St. Cloud, MN (Page 5 of 7) 7. WHEN FEDERAL LAW APPLIES: I When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or Iiability. 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 Note 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. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. If any part of this Note is unenforceable, all other parts remain in effect. G. 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. 4 SBA Form 147 (OGR=2) Version 4.1 Page 4/6 Bankers Systems, Inc., St. Cloud, MN (Page 6 of 7) 10, STATE - SPECIFIC PROVISIONS: i 1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEYS COMMISSION OF 10% OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEYS FEE, AND FOR DOING $O, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT 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 taws of the Commonwealth of Pennsylvania, excluding Its conflict of laws rules. The Undersigned hereby Irrevocably consents to the exclusive jurisdiction of the Courts of Common Pleas of the Commonwealth of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania; provided that nothing contained in this Note will prevent the Lender or any holder hereof from bringing any action, enforcing any award or judgment or exercising any rights against the Undersigned, against any security or against any property of the Undersigned within any other county, state or other foreign or domestic jurisdiction. The Undersigned agrees that the venue provided above is the most convenient forum for both the Lender and the Undersigned and the Undersigned waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Note. The Undersigned agrees that service of process in any such proceeding may be duty effected upon the Undersigned by mailing a copy thereof by registered mail, postage prepaid, to the Undersigned. 3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE UNDERSIGNED MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS 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. SSA Form 147 (06103102) Version 4.1 Page 516 Bankers Systems, Inc., St. Cloud, MN (Page 7 of 7) i 11. BORROWER'S NAME(S) AND SIGNATURE(S): By signing below, each individual or entity becomes obligated under this Note as Borrower. Hwasung, Inc. dba Cup'a Cup'a I HwAong Lee, President I SBA Form 147 (06103102) Version 4,1 Page 616 Bankers Systems, Inc., St. Cloud, MN '� �� _ ti��� EXh�b�t � LAW OFFICES WEINSTOCK, FRIEDMAN & FRIEDMAN, P.A. EXECUTIVE CENTRE 4 RESERVOIR CIRCLE PARTNERS BALTIMORE, MD 21208 -7301 SIDNEY S. FRIEDMAN IMD, DC) JEFFREY M. L-AIAN (MD, DC) 410- 559 -9000 WILLIAM H. THRUSH,JR. (MD, DC, VA, PA) FAX: 410- 559 -9009 JUDITH S. TORTORA(MD, DC, NY) NORTHERN VA, DC & MD SUBURBS 800 - 999 -8286 EG—o J. FRIEDMAN (1951 -2008) WWW.WEINSTOCKLEGAL.COM OF COUNSEL MELVYN J. WEINSTOCE September 23, 2013 MARC E. SHACH MANAGING ATTORNEYS M. RS. ILDNA M. FISHER Hwasung, Inc. d/b /a Cup'A Cup'A REBECCA A. CARTER(MD,DC) 600 New Hampshire Avenue, NW JAMIE R.GLICR (MD, DC) VICTOR A. LEN —(MD, DC) Washington, DC 20037 ATTORNEYS GREG L ROSE (MD, DC, FAVA) Re: PNC Bank, National Association v. Hwasung, Inc. d/b /a FL W.MOORF(MD,DC) CRAIG Cup'A Cup'A, et al. CRAIG A. SCHOFNFFlO SHANNON 8. KRESHTOOL(MD,DC) Notice of Default and Acceleration of Commercial H. JEFFREY 2JEGLER (MD, DC) JOHN R. ROSSBACH Loan Obligation Owed to PNC Bank, National JASON E. SOLOMON (BAD, DC) Association KIMBERLY A. SARON JORDAN I. SELiER (MD, DC) L°RETTA TO W NSENO MARY R. MCCLIGGOTT (MD, DC, VA) A. ZACHARY TFoPF HEATHER H HOLS HEATHER H. HOLSFY ear Borrower, RICHARD I HUTSON (VA MD,OH) RfNITA L. COLLINS SARAH HILL DYE (MD, NJ, IL) Please be advised that this firm represents PNC Bank, National Association with respect GARY MICHAELJANIS o a commercial loan made to you, which is now in default (the "Loan "). The Loan is evidenced AMY P. HEHNEN (MD, DC) JANELLE N. NICHOLAS y, and pursuant to the terms and conditions of the various loan documents, including but not REBECCA TEALE BALINT .WA TERS( JOSHUA A. imited to a Loan Agreement, . WAVERS (MD, DC) dated December 2, 2005, Business Loan Agreement, dated LAYLA SAID December 2, 2005, U.S. Small Business Administration Note, dated December 2, 2005, in the SHERRI E. LICHTMAN JASON A. HELLER ( MD, DC) original principal amount of $300,000.00 plus interest, Unconditional Guarantee, executed by M ISON (MD, DC wa Son Lee, Commercial Guaranty, executed b Hwa Son Lee, and Commercial Security MINOr M. SALER (MD, D[) g t Y Y g r MEGHAN L. GORMAN greement, dated December 2, 2005, securing the Loan wi6the collateral described therein ,hereinafter collectively referred to as the "Loan Documents "). Please be advised that you have failed to repay the Loan as agreed, and the Loan is in efault. Therefore, under the terms of the Loan Documents, PNC Bank, National Association is ereby accelerating the Loan and declaring the entire unpaid balance of the principal sum, and ny other indebtedness secured thereby, immediately,due and payable, including all accrued, npaid interest, and other charges and fees, all of which are continuing to accrue. The balance due and owing, including principal and interest, and other charges and fees, if applicable, which are due under the terms of the Loan Documents, as of September 19, 2013, is as follows: Principal - $101,510.57 Interest- $2,960.57 ._.__._.£ Late Charges - $1,324.33 A4 BOB Rating BBB.' Total - $105,795.47 Per Diem - $14.60 Please be advised that partial payment(s), if received by PNC Bank, National Association, will be credited to your account, however, the acceleration of the Loan will not be waived by the acceptance of such payment(s). If payment in full of the Loan is not made within two (2) weeks from the date of this letter, PNC Bank, National Association reserves the absolute right to proceed to enforce any and all of its rights and remedies under the terms of the Loan Document without any further notice to you. This includes, but is not limited to, obtaining a judgment against you and the guarantor for the full amount due plus attorneys' fees, seizing collateral pursuant to the terms of the Security Agreement, and any other rights and remedies available under the Loan Documents and applicable law. If you would like to discuss this matter further, you may call this office prior to the expiration of the aforementioned ten day period. Very truly yours, WEINSTOCK, FREEDMAN & FRIEDMAN, P.A. Mary R. McCliggott cc: Patricia A. Jackson (via email) PNC Bank, National Association Hwa Song Lee 6006 Keble Drive Alexandria, Virginia 22315 W EINSTOCK, FRIEDMAN 8 FRIEDMAN, P.A. _ I ECUTNE CENTRE 4 RESERVOIR CIRCLE BALTIMORE, MD 21208 -7301 410 - 559 -9000 FAX: 410-559-9009 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 3 _ 76Aa a Plaintiff V. CONFESSION OF JUDGMENT HWA SONG LEE, : Defendant PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, PNC Bank, National Association. Papers may be served at the address set forth below. £? rn Geoffrey S. Shuff, Esquire te r-, c=) McNees Wallace & Nurick LLC ; r ry 100 Pine Street, PO Box 1166 _', Harrisburg, PA 17108 -1166 Respectfully submitted, 01 McNees Wallace & Nurick LLC Date: November �i , 2013 By: eo of squire Supreme Court,dS #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5439 Attorneys for Plaintiff, PNC Bank, National Association COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 13 - ��a�0 �I vi lTerm Plaintiff V. CONFESSION OF JUDGMENT HWA SONG LEE, Defendant 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 the last known address of the Defendant, Hwa Song Lee, is 6006 Keble Drive, Alexandria, Virginia 22315. ., C - M CO M " Respectfully submitted, `z McNees Wallace & Nurick LLC r-:z Date: November November 2� 2013 By: -= - eoff . S uff, Esquire upreme Cofirt ID #24848 100 Pine S&et, PO Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5439 Attorneys for Plaintiff, PNC Bank, National Association COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ((�� PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 13 70 ab Plaintiff : V CONFESSION OF JUDGMENT HWA SONG LEE, Defendant PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OF NON - MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant in the above - captioned action, Hwa Song Lee, is not presently on active or non - active military status. �3 7 T e� Respectfully submitted, McNees Wallace & Nurick LLC �n C 2 1 Date: November 2 � , 2013 By: offr S. huf , squire upr e Court D#24848 Pine Street, PO Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5439 Attorneys for Plaintiff, PNC Bank, National Association I I I i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. I3 -- 70Z a Plaintiff V. CONFESSION OF JUDGMENT HWA SONG LEE, Defendant PREVIOUSLY ASSIGNED TO: N/A ti.= - c E� NOTICE UNDER RULE 2958.1 T � CD OF JUDGMENT AND EXECUTION THEREON :r;70 "< cn r' " NOTICE OF DEFENDANT'S RIGHTS TO: Hwa Song Lee: - <� A judgment in the amount of $117,553.86, plus interest at the rate provided in the Note and other' expenses, fees and costs to which the Plaintiff is entitled after November 19, 2013, 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 from 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 Respectfully submitted, McNees Wallace & Nurick LLC Date: November �, 2013 By: G �reo urt ff, squire I #248 48 100 Pine Stree , PO Box 1166 Harrisburg, P 17108 -1166 (717) 237 -5439 Attorneys for Plaintiff, PNC Bank, National Association COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. � Plaintiff V. CONFESSION OF JUDGMENT HWA SONG LEE, Defendant PREVIOUSLY ASSIGNED TO: N/A NOTICE OF ENTRY OF JUDGMENT To: Hwa Song Lee: You are hereby notified that on November aV judgment by confession was entered against you in the sum of $117,553.86, plus interest at the rate provided in the Note and other expenses, fees and costs to which the Plaintiff is entitled after November 19, 2013, through the date of payment, including on and after the date of en of judgment on this Compl ' in this action. DATE: Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Hwa Song Lee 6006 Keble Drive Alexandria, Virginia 22315 By: e rey f squire A, Hwa Song Lee: Por este medio usted sea avisado que en el dia _ de Noviembre de 2013, un juicio por admision fue registrado contra usted por la cantidad de $117,553.86, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 Por este medio certifico que la siguientes son las direcciones de los demandado, dicho en el certificado de residencia: Hwa Song Lee 6006 Keble Drive Alexandria, Virginia 22315 By: aeKfff uff, ogado del Demandante COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION PNC BANK,NATIONAL ASSOCIATION, : DOCKET NO. 13-7026 Plaintiff v. : CONFESSION OF JUDGMENT • HWA SONG LEE, Defendant : PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P.No. 2958.1(c) Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears and affirms that the person listed below was served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of the receipt for certified mail is attached hereto. Hwa Song Lee 6006 Keble Drive Alexandria,Virginia 22315 rri Ex) Respectfully submitted, — . `_ McNees Wallace& Nurick LLC Date: January2/, 2014 By: off '. S► ff, Esquire upreme Co ID#24848 100 Pine Street,PO Box 1166 Harrisburg,PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank,National Association 7196 9008 9111 03131 2701 TO: Hwa Song Lee 6006 Keble Drive Alexandria;Virg n 15 cT SENDER: 34R REFERENCE: 16085-6015 PS Form 3800,January 2005 RETURN Postage ,Lt RECEIPT Certified Fee ,(L) SERVICE Return Receipt Fee 2-65 Restricted Delivery Total Postage&Fees (9) USP • POSTMARK OR DATE Receipt for Certified Maii'" No Insurance Coverage Provided Do Not Use for International Mai 2. ARIcleNumber COMPLETE THIS SECTION ON DELIVERY B. Date of Delivery Oa ❑Agent 719E 9008 9111 0301 2701 1 ' 4.-1 44 4 ❑Addressee D. Is deity? *dress riffere r� ' ❑Yes It YES,enter delivery ad• - • , .s I r.c_ No t ❑ 3. Service Type CERTIFIED MAILT", "P b7\1 6 4. Restricted Delivery?(Extra Fee) I I Yes O 1. Article Addressed to: fiA! �� 1-Iwa Song Lee -------- � �___^. ,/ 6006 Keble Drive Alexandria, Virginia 22315 16085-6015 3029 13 PS Form 3811,January 2005 Domestic Return Receipt rtF