HomeMy WebLinkAbout14-5396 HARTMAN SHURR SEP Attorneys for Plaintiff
Dominic A.DeCecco,Esquire
Attorney I.D.#79479 C t1f AFL AN
I 100 Berkshire Blvd.,Suite 301 C 0 OtNTY
P.0.Box 5828 LVA
Wyomissing,PA 19610
610-779-0772
WOORI AMERICA BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
VS.
CONFESSION OF JUDGMENT
SE KI KIM,
Defendant No. S-1-A kv cw-k
CONFESSION OF JUDGMENT
I appear for the Defendant, Se Ki Kim, by the authority contained in the Promissory Note
executed by the Defendant in favor of the Plaintiff, a true and correct copy of which is attached as
an Exhibit to the Complaint filed in this action, and confess judgment in favor of the Plaintiff and
against the Defendant, Se KI Kim, as follows:
Outstanding Principal Balance $185,787.55
Accrued Interest at the default interest
rate of 18.0%per annum ($92.89 per diem)
as of 8/22/14 $ 13,752.62
Late Charges as of 8/22/14 $ 600.00
Attorneys' Commission (10%) $ 20,014.02
Total Amount Due as of 8/22/14 ugu=dia
Under the terms of the Note, the Plaintiff is also entitled to reimbursement for all late
charges, attorneys' fees, and other costs of collection.
WHEREFORE, the Plaintiff demands judgment against the Defendant, Se Ki Kim, in the
total amount of $220,154.19, together with interest from August 22, 2014 forward at the default
interest rate of 18.0% per annum ($92.89 per diem), late charges, attorneys' fees, and collection
costs.
HARTM HURR
TM HURR
B
4inic A. DeCec
Attorneys for Plaintiff 'i 1-6,
'I- - Y�:� no
Aink" Mr,11IJ
Attorneys for Plaintiff
HARTMAN SHURR r„1
Dominic A.DeCecco,Esquire (�1Jt,i
Attorney I.D.#79479
1100 Berkshire Blvd.,Suite 3011 �, ! J 3
P.O.Box 5828
Wyomissing,PA 19610 CUA B E RL t'k NO Ct0�.�NT
610-779-0772 ! ' r ``
IJ 1 Y
WOORI AMERICA BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION—LAW
VS.
CONFESSION OF JUDGMENT
SE KI KIM,
Defendant NO. ILI
COMPLAINT IN CONFESSION OF JUDGMENT
1. The Plaintiff, Woori America Bank, is a banking corporation with an address of 35
W. 35th Street Suite 500,New York, NY 10001 ("Bank" or"Plaintiff').
2. The Defendant, Se Ki Kim, is an adult individual with an address of 1115 Dry
Powder Circle,Mechanicsburg, Pennsylvania 17055 ("Defendant").
3. On or about May 31, 2006 the Defendant executed and delivered to the Bank a
Promissory Note in the original principal amount of $252,000.00, together with an
Acknowledgement of Confession of Judgment (collectively, the "Note"). A true and correct copy
of the Note is attached hereto as Exhibit A and incorporated herein by reference.
4. The amount outstanding under the Note is as follows:
Outstanding Principal Balance $185,787.55
Accrued Interest at the default interest
rate of 18.0%per annum ($92.89 per diem)
as of 8/22/14 $ 13,752.62
Late Charges as of 8/22/14 $ 600.00
Attorneys' Commission (10%) $ 20,014.02
Total Amount Due as of 8/22/14 $220,154.19
Under the terms of the Note, the Plaintiff is also entitled to reimbursement for all late
charges, attorneys' fees, and other costs of collection.
5. A true and correct copy of the document upon which the Defendant has authorized
Confession of Judgment is attached hereto as Exhibit A and is incorporated herein by reference.
6. The Bank has not assigned the Note and is the holder thereof.
7. Judgment has not been entered on the Note in any jurisdiction.
8. Judgment is not being entered against a natural person in a consumer credit
transaction.
9. The Plaintiff is authorized to enter judgment by confession against the Defendant at
this time.
10. The Defendant is in default of his obligations under the terms of the Note, due to,
without limitation, delinquent loan payments.
WHEREFORE, the Plaintiff demands judgment against the Defendant, Se Ki Kim, in the
total amount of $220,154.19, together with interest from August 22, 2014 forward at the default
interest rate of 18.0% per annum ($92.89 per diem), late charges, attorneys' fees, and collection
costs.
HARTMA SHURR
By:
g'ic A. DeCec , squire
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing,PA 19610
(610) 779-0772
Attorneys for Plaintiff
EXHIBIT " A
"
LOAN NAME ACCT. NUMBER
NOTE DATE INITIALS
LOAN NUMBER 05/31/06
Se Ki Kim MATURITY DATE LOAN PURPOSE
INDEX(w/Margin) INITIAL RATE Commercial
NOTE AMOUNT 8.750% 06/01/26
$252,000.00 Citibank,N.A. Prime
Rate plus 1.000%
Creditor Use Only OF _ _
THIS INSTRUMENT CONTAINS A CONFESSION OF ,7�OEMENT
PROVIS ON THTTSO
BORROWER MAY HAVE AND ALLOWS TONSTI WITHOUTNANY FURTHER NOTICE. RIGHTS
HS LENDER TO OSTAIN A �aT
PROMISSORY NOTE
(COmme dal.SingleAdvance)
DATE AND PARTIES. The date of this Promissory Note(Note)is May 31,2006• The parties and their addresses are:
LENDER:
WOORI AMERICA BANK
1250 Broadway
New York,New York 10001
Telephone: (212)244-3000
BORROWER:
SE KI KIM
1115 Dry Powder Cir.
Mechanicsburg,Pennsylvania 17050
1.DEFINITIONS. As used in this Note,the terms have the following meanings:
A. Pronouns. The pronouns"l,""me;' and "my" refer to each Borrower signing this Note, individually and together. "You"and
"Your"refer to the Lender.
B.Note. Note refers to this document,and any extens`nclud ng obligationons,renewals, s tNote.
and duties arising the terms of all documents
C. Loan. Loan refers to this transaction generally,
s Note.
prepared or submitted for this transaction such as applications,
documents execu
ted ag d as a^part of or inconnection with the Loan.
re
D.Loan Documents. Loan Documents refer to all performance of the obligations of this Loan.
E.Property. Property is any property, real,personal or intangible,that secures my p
F.Percent. Rates and rate change limitations are expressou or your orderd as '
your address,or at such other location as you may
2. PROMISE TO PAY. For value received,I promise to pay Y
desi nate, the principal sum of$252,000.00 (Principal) plus interest from May 31, 2006 on the unpaid Principal balance until this
9
Note matures or this obligation is accelerated.
t the
3
. INTEREST. Interest will accrue on the unpaid Principaldbnl��e vaof riablle Rateasubsectionl rate of 8.750 percent(Interest Rat®)until
June 1,2009,after which time it may change as de scnbefor to pay
A Default Interest Rate. If you declare e d a able aslt edescribedr the sinfthis Loanthis section. Ins including h event,inte est infull
II laccrue ta Default
may increase the Interest Rate otherwise payable
Interest Rate.The yearly interest rate then i n on the due date or at mat tritywhether°°by acceleration,ldefaegalult or otherwise.mum rate,
whichever is lower,if you do not pay the to
limited to the
B.Maximum Interest Amount. Any amount assessed
or co federal lawected, which s interest is g eater.e Amounts collected inte will excessof the
maximum lawful amount of interest allowed by
maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me.
C.Accrual. Interest will accrue using a counting days'm{h°erthmaof this transactionassumes equal . e following ntervals between scheduled payments.
D.Variable Rate. The Interest Rate may change dun gBank Prime Rate.on
(1)Index. Beginning with the first Change Date,the InteresaR t will b s based
beforeach Change Date.xYoutdo n t guaranty by
The Current Index is the most recent index figure available rate
selecting this Index,or the margin, borrowers.
thorrInterest If this fl^d xis nois lonlger available,you ill substitute a similar tindex.loans
You
class of loans you make to me or other
will give me notice of your choice. K, )G
Initials
Se Ki Kim Note
Pennsylvania Promissory Page 1
NY/4XXknk1900093710000516705B090902N
-1996 Bankers Systems, Inc., St. Cloud, NIN C
(2)Change Date. Each date on which the Interest Rate may change is called a Change Date. The Interest Rate may
change
June 1,2009 and every 3 months thereafter.
o any limitations,index,this
3 Calculation Of Change. Before each Change Date
e rounded to thetnearest t001spercent. Subject h Change Date. Ths
plus 1.000 percent. The result of this calculation will
will be the Interest Rate until the nem sChange Date.Note will never�exceed the highest rate new interest Rate e or ha charge allotwed byive on law for this Note.
Interest Rate and other charges on
Effect Of Variable Rate. A change in the Interest Rate will have the following effect on the payments: The amount o
scheduled payments will change.
4.ADDITIONAL CHARGES. As additional consideration,1 agree to pay,or have paid,the additional fees and charges requested by
the lender.
MEDIAL CHARGES. In addition to interest or other finance charges,eribed eisewherewill
inthis ay these
Note.additional fees based 100.00,
5.RE mI nat. Additional remedial chargesY
method and pattern of pay charged 5.000 percent of
A. Late Charge. If a Payment is more than 15 days latebuwolnb once for each ate payment he Amount of Pay
o
whichever is greater. I will pay this late charge Promptly Y
AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and me
6.GOVERNINGCemented. The Commercial Loan Agreement states the terms and conditions of
as a part of this Loan,as modified, amended or supplemented,
with the terms contained in the Commercial Loan Agreement.
including the terms and conditions under whichthe maturity of this Note may be accelerated. When 1 sign this Note,
this Note, compliance represent to you that 1 have reviewed and am in comp
1, 2006, and on the 1st day of
7.PURGHASE MONEY LOAN. You may include the name A the
mentron the check or of$2,226.96 willdraft be dfor this ue July Note. then change every
this Note in 240 payments. p Yant amount may
S. PAYMENT. i agree to pay ment of this amount. The scheduled payor
each month thereafter. I will make 36 scheduled pay
ant amount during these periods. With each
3 payments thereafteof
r. Changes in the Interest Rate will not affect the scheduled payor
d payment change the payment amount will be adjusted ntsrarle subject to changesect changes in the t. theRInterest Rate a described ing n the
schedule p Y
this Note. In addition, changes to the scheduled payment ip additional fees or charges owing and
Rate subsection of this Note. A final payment of the entire unpaid balance of Principal and interest will be due June 1,20 .
Variable Ra payment I also agree to pay y
Payments will be rounded to the nearest$.01. With the final pay able with,the next scheduled payment.
amount of any advances you have made to others on my behalf.If the amount of a scheduled payment does not equal or excel
the amo ant period the unpaid portion will be added to,and will be pay
interest accrued during the payor P
en
interest
r than
Each payment
I make on this Note will be applied first to any charges,fferent appl+cationeo of principal
wili describe our to
n
is due,and finally a principal that p due. if payments You and are applied
agree to
final
change how pay lied in your sale discretion without notice to me. The actual amount o my
this Note. You may
payment will depend on my payment record. al prior to the fifth(e) anniversary of the closing will be subject to
9. PREPAYMENT. A full or partial prepayment of the princip
the loan in whole or in part
prepayment charge equal to two percentage (2.00%) of the amount prepaid. There you may prepay
without having to pay a prepayment charge.
10.LOAN PURPOSE. This is a commercial purchase moneur oottiion, declare are thage loan e entire balance of this Note to be immediately duof e
11. DUE ON SALE OR ENCUMBRANCE. You may, at yo P any lien encumbrance, transfer
orsale lvo fall o if I am in default
and payable upon the creation of, er contract for the creaed b federal law(12 C.F.R. 591), as applicable.
Property. This right is subject to the restrictions imposed
of the Property even in the ordinary course of business.
under this Agreement,I may not sell the inventory portion
AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice o
12. WAIVERS A
acceleration, notice of intent to accelerate and notice of dishonor. to this Note and Loan,to the extent permitted by law,consent
Borrower. In addition, t,and any party
' ns take, and generally waive defenses that may be available based on these actions or based on the
A.Additional Waivers By
to certain actio You may
status of a party to this Note.
1)You may renew or extend payment on this Note,regardless of the number of such renewaathels or eco-signer.
( release any Borrower,endorser,guarantor,surety,accommodation maker or any
(2)You may securing this Note.
(3)You may release,substitute or impair any Property invoke your right of set-off.
(4)You,or any institution participating in this Note,may
arson in any amounts and I waive notice
(5)You may enter into any sales,repurchases or participations of this Note to any p
of such sales,repurchases or participations.
the terms of this Note or any instrument
(6) 1 agree that any of us signing this Note as a Borrower is authorized to modify
securing,guarantying or relating to this Note. in, the exercise of any of your right,
B. No Waiver By strict performance of any provisions contained in this Note, or any other Loan
Lender. Your course of dealing, or your forbearance from, or decay
remedies, privileges or right to insist upon my you,unless any such waiver is in writing and is signed by you.
Document,shall not be construed as a waiver by y initials
Se Ki Kim page 2
Note
pennsylvania Promissory -1996 Bankers Systems, Inc., St. Cloud, NR7. C
Ny/4XXknk19o00937300005187058090902N f`
erstand and agree that you(or your affiliate)wilt earn commissions or fees on any insurance products,and
13.COMMISSIONS. 1 and you or your affiliate. and to the extent
may earn such fees on other services that 1 buy through y federal
governed by the laws of Pennsylvania, the United States of America,
14, APPLICABLE LAW. This Note is g is located,except to the extent such state laws are preempted by
required,by the laws of the jurisdiction where the Property•
law. obligation to pay the Loan is independent of the obligationnumber of
15.JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My 9 d under the Loan and I
person who has also agreed to pay it. You may s new obligations under the an�w'i I not is affe t myh duty an,or any
one else wh
other pe you and your successors and
us together,to collect the Loan. Extending the Loa
will stili be obligated to pay the Loan. This Note shall inure to the benefisonal representatives,lsuccessors,heirs and assigns.
and enforceable against me and my p agreement. No
assigns and shall be binding uponnot be amended or modified by oral
16. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may you and me. This Note and the other
expression of the agreement. If any provision of this Note is unenforceable, then the
amendment or modification antd final
unless made in writing and executed y Y
Loan Documents are the completerovisions will still be enforceable.
unenforceable provision will be severed and the remaining p
TION, Whenever used,the singular includes the plural tend of this rNote,udes the singular. The section headings
17.INTERPRETA ret or de
are for convenience only and are not to be used to interpret
to Party's address listed in the DATE AND PARTIES section,ou in writing
18. NOTICE,
FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS.UMErNTS. Unless otherwise required by law, any notice will a to any
give
by delivering it or mailing it by first class mail to the approp P
other address designated in writing. Notice to one Borrower will be deemed to to notice to all Borrowers.
onal documents or
m name, address or other application information. preserve my obligations underthisthis Loan�and to confirm your
of any change in y to
certifications that you may Times of the esider ssence.elect continue,
lien status on any Property
19. CREDIT INFORMATION. I agree to supPty you with whatever information you reasonably+eQnformat formation.
will make requests or
me in
this information without undue frequency,and will give me reasonable)y cooperatch e in the correction, if necessary in e loan between he reasonable
as na le
20. ERRORS AND OMISSIONS, I agree, if requested by y
discretion of you of any and all loan closing documents so that all documents actual
exp nses,
agree to assume all costs including by way of illustration and not
limitation, actual expenses, legal fees and marketing losses for
failing to reasonably comply with your requests within thirty(30 y
JURY TRIAL. All of the parties to this Note knowingly and intentionally, irrevocably and unconditionally,
21.WAIVER OF in any litigation arising out n or an coming this Note or any other Loan Document
waive any and all right to a trial by jury
obligation. All of these parties acknowledge ith to do section has either been brought to the attention of each
or related g had the opportunity or clerk of any
party's legal counsel or that each party try of judgment by confession,
nia or in any other jurisdiction which permits;an bro ght against borrower on this
22. CONFESSION OF JUDGMENT. Borrower hereby authorize and empowers any permits
or the prothonotary wry
court in the commonwealth of Pennsylvania,
to appear for borrower at any time after the occurrence of it event m laint r d any ac
r'ud ment against borrower for the entire unpaid terms hereof onding r ofithe
note or
the loan documents at the suit of lender,with or without complaint or declaration filed,without stay of execution,as
borrower to or on behalf of lender pursuant o
the of any tens or time, and therein to confess or enter)
amount of this note and all other sums to be paid by
but in no event less than
sts and
er
loan
documents and all arrearages of i oteresttthereon,gateetamounwith
t of ithe oforego ng sums,hses and an a oma
55,000.00;and for so doing this note or(aon comm copy
ission of ten hereof verified by affidavit shall be a sufficient warrant.
ranted herein to confess judgment shall not be exhausted by any exercise thereof but shall continue from
The authority g payment in full of all the amounts due hereunder. Borrower acknowledges that It
time to time and at all times until payor intelligent) and intentional) waives its right to be heard pripropertor to of borrower
understands the foregoing and that It knowingly,
Y y
Of such judgment and understands that, to such
and that execution ich gmay immement ldiat mediately be issued on become a lion On l the ljudgment to garnish,
in the county where such Judgment of borrower.
levy on or attach any personal property of this
contained in this Note. I also acknowledge receipt of a copy
23. SIGNATURES. By signing under seal, 1 agree to the terms
Note.
BORROWER,
(Seal)
i im
initials
se Ki Kim Note Page 3
Pennsylvania Promissory 1996 Bankers Systems, Inc., St, Cloud, 1-M C C Y
Ny/4XXknkl9o00937100005181058090902N 7
ACKNOWLEDGEMENT OF CONFESSION OF JUDGMENT
The undersigned acknowledges and agrees that the undersigned
is executing and delivering to Woori America Bank (Lender) which
contains a promissory note and other related instruments for
$252, 000.00 which contains a . confession of judgment clause
pursuant to which the Lender is authorized to enter a judgment
against the undersigned and in favor of Lender upon the occurrence
of an event of default pursuant to the terms of such promissory
note'. In consideration of the willingness of the Lender to extend
credit as provided for in such promissory note, the undersigned
hereby knowingly, voluntarily and intentionally acknowledges,
consents and agrees as follows:
(A) The undersigned had an opportunity to hire an attorney
who can explain terms and provisions of the promissory note as
well as the contents and meaning of this disclosure;
(B) The undersigned is fully aware of the rights of the
undersigned to prior notice and hearing on the validity of any
claims that may be asserted against the undersigned by the Lender
under the promissory note before judgment can be entered and
before assets of the undersigned can be garnished and attached;
(C) The undersigned is fully aware that by authorizing
confession of judgment, the undersigned is giving up the right of
the undersigned to any notice or opportunity be heard prior to the
entry of judgment in favor of the Lender and prior to garnishment
and attachment of assets of the undersigned.
(D) The undersigned is fully aware that a judgment entered
against the undersigned will constitute a lien upon any real
estate of the undersigned located in the county in which judgment
is entered and will entitle the Lender to immediate attachment and
garnishment of personal property of the undersigned without prior
notice;
(E) The undersigned waives the rights which the undersigned
has to prior notice and hearing on the validity of any claims that
may be asserted against the undersigned by the Lender under the
promissory note and agrees that upon occurrence of an event of
default under the promissory note, or at any time thereafter, the
Lender may obtain a judgment against the undersigned without the
undersigned' s prior knowledge or consent and without the
opportunity to raise any defense, set off, counterclaim or other
claim which undersigned may have, and may garnish and attach the
assets of the undersigned without prior notice or opportunity for
a hearing;
(F) The undersigned represents and warrants that the loan for
which the undersigned has become obligated for repayment has been
advanced for Commercial purposes.
(G) In signing the promissory note, the undersigned is
knowingly, understandingly
and voluntarily consenting to the
confession of judgment in accordance with the aforementioned note
and instruments and the undersigned waiving the undersigned er t i hof,
to the extent permitted by law, to resist the prop
ry
judgment against the undersigned at the courthouse including:
1 . Release of procedural error;
2 . Inquest (the right to ascertain whether the rents
and profits of the undersigned' s real estate
e ill be
d
sufficient to satisfy the j gm
en
years) ;
3 . Stay of execution;
4 . Exemption laws now in force or hereafter to be
passed;
(H) The undersigned represents 000n00 Warrants that his/her
individual annual income exceeds $
IN WITNESS WHEREOF, AND IEXECUTED TO BE THIS LEGALLY
E ACKNLOWLEDtGEMENTEBOF
THE UNDERSIGNED HAS DULY THIS 31ST DAY OF May, 2006 •
CONFESSION OF JUDGMENT
S i Rim
j. �_ K
AFFIDAVIT
STATE OF N 0849—,/
SS:
COUNTY OF e 2
Moon Soo Kwon, being duly sworn according to law, deposes and says that he is a duly
authorized officer of Woori Bank America, Plaintiff herein; that he is authorized to execute this
Affidavit on behalf of Plaintiff; that the facts set forth in the foregoing Complaint in Confession of
Judgment are true and correct to the best of his knowledge, inforination and belief; and that the
documents attached as an Exhibit to the Complaint are true and correct copies of the originals.
Moon Soo Kwon, AV
Sworn to and subscribed before me
this_Q,4, day of e otn_ Y, 2014.
Notary Public
EUNYOUNG LEE
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES FEB.23,20115
WOORI AMERICA BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
Vs.
CONFESSION OF JUDGMENT
SE KI KIM,
Defendant NO. y- S 3�G c;,,:I
AFFIDAVIT OF COMMERCIAL TRANSACTION
STATE OF NE-W-Y-9
SS:
COUNTY OF
Moon Soo Kwon, being duly sworn according to law, deposes and says that he is an
authorized officer of the Plaintiff herein, and as such states that judgment is not being entered
against a natural person in a consumer credit transaction.
Moon Soo Kwon, AVP
Sworn to and subscribed before me
this �9-% day of e e 2014.
"tac
EMYOUNG EEE
ARY KWIC OF NEW JERSEY
MY
ONFIRES FEB.23,2015
WOORI AMERICA BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
VS.
SE KI KIM, CONFESSION OF JUDGMENT
Defendant NO. q _ —3 c�✓�
Pea
AFFIDAVIT OF EARNINGS
Ivey :�eise/
STATE OF NEWy04WO�
ti
COUNTY OF
. SS:
Moon Soo Kwon, being duly sworn according to law, deposes and says that he is an
authorized officer of the Plaintiff herein; that he is authorized to make this affidavit on behalf of
Woori America Bank; and that, to the best of his knowledge, information and belief. the income of
the Defendant, Se Ki Kim, is in excess of$10,000.00 per year.
Moon Soo Kwon, AVP
Sworn to and subscribed before me
this day o£ !�;kV4-p, ,�, 2014.
otary _ is
EUbIY�UNG tEE
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES FEB.23,2015
WOORI AMERICA BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
VS.
CONFESSION OF JUDGMENT
SE KI KIM, _ G
Defendant NO.
AFFIDAVIT OF NON-MILITARY SERVICE
IVC�, 5CV5--f
STATE OF NEMI 3,-9RK-
J e1�1 SS:
COUNTY OF P�
Moon Soo Kwon, being duly sworn according to law, deposes and says that he is an
authorized officer of the Plaintiff herein, and as such states the following:
1. The Defendant, Se Ki Kim, is not.in the military or naval service of the
United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief
Act (50 App. U.S.C. §501 et seq.).
2. The Defendant, Se Ki Kim, is more than 21 years of age and has a mailing
address of 1 1 15 Dry Powder Circle, Mechanicsburg, Pennsylvania 17055.
3. He makes this affidavit with due authority based upon personal investigation.
x)16W Ww —
Moon Soo Kwon, AVP
Sworn to and subscribed before me
this day of e �, 2014.
otar is
T
EUMUNG LEE
NOTARY PVWC OF NEW JERSEY
MY_COMMWON EXPIRES FEB.23,2015
HARTMAN SHURR T ✓���H O N Q VA F{4'; Attorneys for Plaintiff
1 �, F h
Dominic A.DeCecco,Esquire
Attorney I.D.#79479 411, KP I I A 11: J 3
1100.Berkshire Blvd.,Suite 301
P.O.Box 5828 'i E3E'� '' l'I +,NTY
Wyomissing,PA 19610 -`J� �u���,�.r�.�u� CGut� � t
610-779-0772
WOORI AMERICA BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION—LAW
VS.
CONFESSION OF JUDGMENT
SE KI KIM,
Defendant NO. 1q -
NOTICE
N -NOTICE UNDER 42 Pa.C.S. §2737.1
INSTRUCTIONS REGARDING THE PROCEDURE
TO FOLLOW TO STRIKE THE JUDGMENT
To: Se Ki Kim
1115 Dry Powder Circle
Mechanicsburg,PA 17055
Pursuant to 42 Pa.C.S.A. Section 2737.1, the following instructions regarding the procedure
to follow to strike the judgment in this matter are hereby provided:
1. The procedure to follow to strike a judgment by confession is set forth in Pa.R.C.P.
2959, which provides as follows:
(a) (1) Relief frorn a judgment by confession shall be sought by petition.
Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or
to open it must be asserted in a single petition. The petition may be filed in the county in which the
judgment was originally entered, in any county to which the judgment has been transferred or in any
other county in which the sheriff has received a writ of execution directed to the sheriff to enforce
the judgment.
(2) The ground that the waiver of the due process of rights of notice and
hearing was not voluntary, intelligent any knowing shall be raised only
(i) in support of a further request for a stay of execution where
the court has not stayed execution despite the timely filing of a petition for relief from the judgment
and the presentation of prima facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3.
(3) if written notice is served upon the petitioner pursuant to .Rule
2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty (30) days after such service.
Unless the Defendant can demonstrate that there were compelling reasons for the delay, a petition
not timely filed shall be denied.
(b) If the petition states prima facie grounds for relief, the court shall issue a rule
to show cause and may grant a stay of proceedings. After being served with a copy of the petition
the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the
petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as
provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer and on any
testimony, depositions, admissions and other evidence. The court for cause shown may stay
proceedings on the petition insofar as it seeks to open the judgment pending disposition of the
application to strike off the judgment. If evidence is produced which in a jury trial would require
the issues to be submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved
while the proceedings to strike off or open the judgment are pending.
2. Under 42 Pa.C.S.A. Section 2737.1, you are entitled to costs and reasonable attorney
fees as determined by the court if you are incorrectly identified and had judgment entered against
you.
HARTMA . 'HURR
By:
nic A. DeCecco, quire
I I O"erkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
Attorneys for Plaintiff
HARTMAN SHURR Attorneys for Plaintiff
Dominic A.DeCecco,Esquire
Attorney I.D.#79479
1100 Berkshire Blvd.,Suite 301
P.O. Box 5,928
Wyomissing,PA 19610
610-779-0772
WOORI AMERICA BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
VS.
CONFESSION OF JUDGMENT
SE KI KIM,
Defendant NO. ' �� s-3 Cl` ems%
CERTIFICATION OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA .
SS:
COUNTY OF BERKS
Dominic A. DeCecco, Esquire, being duly sworn according to law, deposes and says that to
the best of his knowledge, information and belief, the addresses of the judgment creditor and the
judgment debtor in the above-captioned case are as follows:
Plaintiff: Defendant:
Woori America Bank Se Ki Kim
35 W. 35th Street, Suite 500 1115 Dry Powder Circle
New York,NY 10001 Mechanicsburg, PA 17055
HARTM SHURR
By
Domi is A. DeCecco, Esquire
Attorneys for Plaintiff
Sworn t9 and subscribed before me
thi �(� �1 day of � 1�en 2014.
r
Notaryub is
CotN 'FH Of PUNNSYLVANiA
NOTARIAL SEAL
JANICE M.KRALLIS,Notary Public
Wyomissing Borough,Berks County
My Commission Expires June 19,2018
WOORI AMERICA BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION—LAW
VS.
CONFESSION OF JUDGMENT
SE KI KIM,
Defendant NO. / �3 9G C:
NOTICE OF FILING JUDGMENT
❑X Notice is hereby given that a JUDGMENT BY CONFESSION in the above-captioned
matter has been entered against Defendant, Se Ki Kim, in the total amount of$220,154.19,
together with interest from August 22, 2014 forward at the default interest rate of 18.0% per
annum ($92.89 per diem), late charges, attorneys' fees, and collection costs on
2014.
X A copy of all documents filed with the Prothonotary in support of the within-judgment is
enclosed.
David . Buel roth tary
By:
Deputy
If you have any questions concerning this Notice, please contact the filing party:
Dominic A. DeCecco, Esquire
Hartman Shurr
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
Attorneys for Plaintiff
Telephone number: 610-779-0772