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Home My WebLink About03-6197HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JOSEPH E. KLUGER, ESQUIRE IDENTIFICATION NO. 56346 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 FIRST FEDERAL BANK 12 East Broad Street Hazleton, PA 18201-6591 VS. Plaintiff ESTATE OF RAJENDRA O. GANDHI Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMPLAINT IN ASSUMPSIT NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered 584312.1 against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 or PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QU1NN, P.C. BY: JOSEt~. ~UGER, ESQUIRE 584312.1 2 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JOSEPH E. KLUGER, ESQUIRE IDENTIFICATION NO. 56346 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-58t5 (570) 287-3000 ATTORNEY FOR PLAINTIFF FIRST FEDERAL BANK 12 East Broad Street Hazleton, PA 18201-6591 VS. Plaintiff ESTATE OF RAJENDRA O. GANDHI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMPLAINT IN ASSUMPSIT No. 03. 6 Iq7 COMPLAINT AND NOW COMES the Plaintiff, First Federal Bank, by and through its counsel, HOURIGAN, KLUGER & QUINN, P.C., and hereby complains of the Defendant as follows: 1. The Plaintiffi First Federal Bank, is a business operating as a bank with a place of business at 12 East Broad Street, Hazleton, Luzeme County, Pennsylvania 18201-6591. 584313.1 2. The Defendant, the Estate ofRajendra O. Gandhi, is an estate filed with the Register of Wills of Cumberland County captioned to Case No. 2002-00961, c/o Nayana R. Gandhi, Executrix, 6 Teal Road, Mechanicsburg, Pennsylvania, 17055. 3. The Defendant, the Estate ofRajendra O. Gandhi, is being administered by the Executrix, Nayana R. Gandhi, the decedent's wife. 4. On or about September 18, 1998, the Plaintiff made a loan to Hazleton Hotel Associates ("Borrower") in the original principal amount of $1,950,000.00 ("Loan") which Loan is evidenced by, inter alia, a Promissory Note dated September 18, 1998 in the amount of the Loan (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 5. As partial consideration for the Plaintiff extending the Loan to the Borrower, Rajendra O. Gandhi executed in favor of the Plaintiff a Surety Agreement dated September 18, 1998 ("Surety"), in which the decedent agreed to become the Guarantor and Surety for the obligations of the Borrower to the Bank. A true and correct copy of the Surety is attached hereto as Exhibit "B" and incorporated herein by reference. 6. A default has occurred trader the Loan in that the Borrower and the Surety have each failed to pay the money due and owing to the Plaintiff pursuant to the terms and conditions of the Loan including, but not limited to, the provisions of the Note, whereby the Plaintiff declared the entire balance of the Loan due and payable. 584313.1 7. Although demand has been made, the Defendant has and continues to fail to repay the Loan to the Bank in full. 8. The amount currently due and owing to the Plaintiff by the Surety for the Loan as of October 31, 2003 is $1,517,601.00, consisting of principal in the mount of $1,513,393.03, interest in the mount of $4,207.97 (per diem $323.41), together with reasonable attorney's fees and costs. WHEREFORE, the Plaintiff requests a judgment in favor of the Plaintiff and against the Defendant in the amount of $1,517,601.00, together with interest accruing at theper diem rate of $323.41, as well as reasonable attorney's fees and costs. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. JOSE~I~ 'KLUGER, ESQUIRE 584313.1 3 VERIFICATION Leo R. Loftus, hereby certifies that he is the Senior Vice President of First Federal Bank, and that as such, has the authority to make this Verification on its behalf; and further, that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief; and that the photostatic copies of the Exhibits are true and correct reproductions of the original and that the statements made in the foregoing Complaint are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LEO R. LOFTUS, Senior Vice President 584315.1 PROMISSORY NOTE Prirtc~pal ' Loan Date ; Malurit~, Loan N.o, Call Collateral . ACcoDnt ~'~f~"r ' Inibals $1 950 000.00 09-18-1998 ' '/~/.~ "'.~ ~';,~ i BC ~ References i~ the shaded area are for Lender's uss only end do not [imll th~ a~plicability'of ibis dOCUmenl ~o any paHk:uler loan or item. Borrower: HAZ(.ETON HOTEl. ASSOCIATES; ('/'IN: I Lender: First Federal Bani( 148 SHERATON DR. SOX A Hazlelon Branch Office Principal Amount: $1,950,000.00 Interest Rate: 7.800% Date of Note: September 18, 1998' PROMISE TO PAY. HAZt. ETON HOTEL ASSOCIATES ("Borrower") promises to pay lo First Federal Bank ("Lender"), or order, In lawful money of the UnSeal Slates of America, the principal amount of One Mllgon Nine Hundred Fifty ThouSand & 001100 Dollars ($1,g50,000.00), together THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED i3Y THE UNDERSIGNED. ]BORROWER: HAZLETON HO'~ ~SSOCIATES ~ i;,~i~ ':, ~i :' i' i~,~J.) I EXHIBIT General Partner 09-18-1998 Loan No PROMISSORY NOTE (Continued) Page 2 SURETY AGREEMENT NAZLETON HOTEL ASSOCIATES I,~eina~er, w,e.hetooeormore, rel~,e~to~'~ ~ EXHIBIT Barbara Cassise,Assistant V~c~ P~m~iS~n~ September 4998 . INDMDUALS SIGN BELOW Teal Road, Mechanicsburg. PA 17055 6 Carothers Circle, Mechanicsburg, PA 17055 CORPORATIONS OR PARTNERSHIPS SiGN BELOW HOURIGAN, KLUGER & QUINN A PROFESSIONAL coRPORATION BY: Joseph E. Kluger, Esq. iDENTtFICATION NO. 56346 600 THIRD AVENUE KINGSTON, PA 1~,704 FIRST FEDERAL BANK 12 East Broad Street Hazleton, PA 18201-6591 A'i-i'ORNEY FOR Pleintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMPLAINT IN ASSUMPSIT VS. ESTATE OF RAJENDRA O. GANDHI : : Defendant : No. 03-6197 Civil pRAECIPE FOR DISCONTINUANCE WITIt pREJUDICE TO THE PROTHONOTARY: Kindly mark the above-captioned action discontinued with prejudice. HOURIGAN, KLUGER/& QUINN, P.C. B: ' · Y ~quire 591630.1