HomeMy WebLinkAbout13-7027 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 13 -7617 c
Plaintiff
V. CONFESSION OF JUDGMENT
HWASUNG, INC. DBA CUP'A CUP'A,
Defendant PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original qra a copyf
which is attached to the Complaint filed in this action, I appear for the Defendant did
judgment in favor of the Plaintiff and against the Defendant as follows: m r 'r-=
CD
a. Principal $101,510.57 y,
b. Interest $ 3,851.22 --n
C. Late Charges $ 1,655.89,
d. Attorney's Commission $ 10,536.18
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 �5 , 2013 By:
eof S. huff, squire
preme Court ID 424848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108 -1166
(717) 237 -5439
Attorneys for Plaintiff,
PNC Bank, National Association
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4. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
5. There has not been any assignment of the Note, and Plaintiff is the holder of the
Note.
6. Judgment has not been entered on the Note in any jurisdiction.
7. The Defendant is in default of the Defendant's obligation to make payment of the
Loan to the Plaintiff as required in the Note. As a result of the default, 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 "B" and made a part
hereof.
8. An itemized computation of the amount owed to the Plaintiff by the Defendant
under the Note 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
9. 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.
WHEREFORE, the Plaintiff, PNC Bank, National Association, demands judgment against
the Defendant, Hwasung, Inc. dba Cup'a Cup'a, in the amount of One Hundred Seventeen
Thousand Five Hundred Fifty -Three and 86/100 Dollars ($117,553.86), plus interest at the rate
2
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:
G ffre . f, Esquire
S e Co rt II #24848
100 Pine reet, PO Box 1166
Harrisb g, 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 1.8 Pa. C.S. Section
4904, relating to unswom falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
Date: November ZS , 2013 By:
Thomas G. Szalkay
Vice President
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99,OOFFW
(Page 1 of 7)
V4 smolt Nuwlnw Admtnlxuaum ZA S, Small Business Administration
A NOTE
i
SBA Loan #
SBA Loan Name Hwasung, Inc. dba Cup'a Cup'a
Date �� O
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'a Cup'a
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
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 (06103/02) Version 4.1 Page V6
Bankers Systems, Inc., St. Cloud, MN
i
(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
P79 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.
i
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 Joumal 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
Waa , cattadje&m QTJon 4.1 Page 218
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
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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
i F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borr ower'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 part 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 Note;
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another 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 (06!03/02) Version 4.1 Page 316
Bankers Systems, Inc., St. Cloud, MN
I
(Page 5 of 7)
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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 liability. As to this Note, Borrower may not claim or assert against SBA any local or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors
and assigns.
9. GENERAL PROVISIONS:
A. All individuals and entities signing this 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.
1
SBA roan 147 (0603102) Versbn 4.1 Page 418
Bankers Systems, Inc., St. Cloud, MN
(Page 6 of 7)
10. STATE- SPECIFIC PROVISIONS:
1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO
APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HOLDER
HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF 10%
OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING $0,
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 LENDi =R
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 maybe 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.
SBA Forth 147 (06/03102) Version 4.1 Page W
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.
Hwasun , Inc. dba Cu 'a Cu 'a
Hwa�Song Lee, President
I
SBA Form 147 (06103102) Version 4.1 Page M
i Bankers Systems, Inc., St. Cloud. MN
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Exh�b�t B
LAW OFFICES
WEINSTOCK, FRIEDMAN & FRIEDMAN, P.A.
EXECUTIVE CENTRE
4 RESERVOIR CIRCLE
PARTNERS BALTIMORE, MD 21208 - 7301
SIDNEY S. FRIEDMAN IMD, DC)
JEFFAEY M. L-MAN (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
Eo W ARD J. FRIEDMAN (1951 -2008)
WWW.WEINSTOCKLEGAL.COM
OF COUNSEL
MELVYN J. WEINSTOCK September 23, 2013
MARC E. SNACH
MANA GING
A ATT ORNEYS
M.
ILOxA M. f Hwasung, hic. d/b /a Cup'A Cup'A
REBECCA A. CARTER(MD,DC) 600 New Hampshire Avenue, NW
JAMIE B.G LICK
U.. (MD, DC7
V Washington DC 20037
KTOR A. LEMeo (MD,Dq g ,
ATTORNEYS
GREG 1. R OSE (MD,D(,PA, VA) Re: PNC Bank, National Association v. Hwasung, Inc. d/b /a
CR W. MOORS IMD, OQ
G IG A. Cup'A Cup'A, et al.
AIG SCHOFNFFLO
SHANNON B. KRESHTDOL(MD, DO Notice of Default and Acceleration of Commercial
H. JEFFREY Z-11. (MD, DC)
JOHN R. ROSSBACH Loan Obligation Owed to PNC. Bank, National
JASON E. SOLOMON IMD, DC) Association
KIMBERLY A SAxoN
JORDAN I. SE LZER (MD, DC) '
LOR ETTA TO W NSEND
MARY R. McCLIGGo" (MD, DC, VA)
A. HEATHER Ho" ear Borrower
HEATHER H. HOLSFY ,
RICHARD I HUTSON (VA MD,OH)
R EHITA L COLLINS
SARAH HILL DYE (MD, NJ,IL) Please be advised that this firm represents PNC Bank, National Association with respect
A.,P HENWN(MO,DC) o a commercial loan made to you, which is now in default (the "Loan "). The Loan is evidenced
JANELLE N. NICHOLAS y, and pursuant to the terms and conditions of the various loan documents, including but not
JOSHUA A . WALTERS(
IOSHUAA. WALTEAS (MD, DC) imited to a Loan Agreement, dated December 2, 2005, Business Loan Agreement, dated
LAYLA SAID ecember 2, 2005, U.S. Small Business Administration Note, dated December 2, 2005, in the
SNERAI E. LICHTA—
JASONA.HELLER (MO,DC) riginal principal amount of $300,000.00 plus interest, Unconditional Guarantee, executed by
M I N DN M.SA ((MD,DC wa Son Lee Commercial Guaranty, b Hwa Son Lee, and Commercial Security
MIHOY M. SALE0. (MD, DC) g � tYf Y g
M EGNAHL.GORMAN greement, dated December 2, 2005, securing the Loan with'the collateral described therein
'h ereinafter 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
Aa ORE
Raang
BBEL i
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, FRIEDMAN
& 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 $
FRIEDMAN, P.A.
EXECUTIVE 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. �ivlTerM
Plaintiff
V. CONFESSION OF JUDGMENT
HWASUNG, INC. DBA CUP'A CUP'A,
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.
Geoffrey S. Shuff, Esquire r a; �.
McNees Wallace & Nurick LLC
100 Pine Street, PO Box 1166
CD
Harrisburg, PA 17108 -1166 , .<>
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Respectfully submitted,
McNees Wallace & Nurick LLC
Date: November �, 2013 By:
G�ffr f ,Esquire
S eme 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 - 7 ba7 l;%vct'TGrm
Plaintiff
V. CONFESSION OF JUDGMENT
HWASUNG, INC. DBA CUP'A CUP'A,
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,
Hwasung, Inc. dba Cup'a Cup'a, is 600 New Hampshire Avenue NW, Washington, D` 2007.
r ' CD s s"
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Cn
Respectfully submitted, A
y - �-�
McNees Wallace & Nurick LLC f-5
Date: November Z S 2013 By: X
de
ou #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108 -1166
(717) 237 -5439
Attorneys for Plaintiff,
PNC Bank, National Association
i
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 13 - 16 93 V ( MP.t
Plaintiff
V. CONFESSION OF JUDGMENT
HWASUNG, INC. DBA CUP'A CUP'A,
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,
C
Hwasung, Inc. dba Cup'a Cup'a, is not presently on active or non - active military statu w
Respectfully submitted, "'� °
McNees Wallace & Nurick LLC a"
Date: November Z 5 , 2013 By:
of ey 0:5 squire
remelCourt #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- W7 a
Plaintiff :
V. CONFESSION OF JUDGMENT
HWASUNG, INC. DBA CUP'A CUP'A,
Defendant PREVIOUSLY ASSIGNED TO N/AM'.
L
NOTICE UNDER RULE 2958.1" -�
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Hwasung, Inc. dba Cup'a Cup'a: --
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: Novembe4 , 2013 By:
,ie fre uff squire
S pr e Court #24848
100 Pine Stre t, 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. )3 - iv t
Plaintiff
i
V. CONFESSION OF JUDGMENT
HWASUNG, INC. DBA CUP'A CUP'A,
Defendant PREVIOUSLY ASSIGNED TO: N/A
NOTICE OF ENTRY OF JUDGMENT
To: Hwasung, Inc. dba Cup'a Cup'a:
You are hereby notified that on November; 2013, 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 entry of judgment on this Complaint in this
action.
DATE: .�
Prot onotary
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:
Hwasung, Inc. dba Cup'a Cup'a
600 New Hampshire Avenue NW
Washington, DC 20037
By:
eof r . S f, Esquire
A, Hwasung, Inc. dba Cup'a Cup'a:
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:
Hwasung, Inc. dba Cup'a Cup'a
600 New Hampshire Avenue NW
Washington, DC 20037
By:
4
Ge ffrey , Abo do del Demandante
r
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK,NATIONAL ASSOCIATION, : DOCKET NO. 13-7027
Plaintiff
v. : CONFESSION OF JUDGMENT
•
HWASUNG, INC. DBA CUP'A CUP'A,
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.
n
M.a
Hwa Song Lee
rri
President of Hwasung, Inc. r�7 ;:,,
6006 Keble Drive vim,r
Alexandria,Virginia 22315 r-:
Respectfully submitted, r\,) �=
McNees Wallace& Nurick LLC
Date: January tit, 2014 By:
t e i ffre `. S 4 ff,Esquire
S e • e 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 0301 2718
TO: Hwa Song Lee
President of Hwasung, Inc.
6006 Keble Drive
Alexandna rn ..2234ç
cr
SENDER: 3■
REFERENCE: 16085-6015
PS Form 3800,January 2005
RETURN Postage fidi 6
RECEIPT Certified Fee <
SERVICE
Return Receipt Fee 7.).<
Restricted Delivery
Total Postage&Fees (
t9
USPS• POSTMARK OR DATE
Receipt for
Certified Mar
No Insurance Coverage Provided
Do Not Use for International Mal
-_
—–
2. Article Number COMPLETE SECTION ON DELIVERY
A. Received by(Please Print Clearly) B. Date of Delivery
< t■ c '5
C. ature
11111 1 11111111 1
111 E3 Agent
)(1, Addressee
7196 9008 9111 0301 2718
D. Is delivery addre • eren • •item 1? El Yes
If YES enter E No
4‘.
. Service Type CERTIFIED MALT".
.rJ
o•
4. Restricted Delivery?(Extra Fee) I IYes
a■
1.'Article Addressed to: R. ncc ti r1 3 an
Hwa Song Lee ++o
President of Hwasung,Inc. RiA virkc,`
,
6006 Keble Drive 16085-601
Alexandria, Virginia 22315
3029
13- tr2-71
PS Form 3811,January 2005 Domestic Return Receipt