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Home My WebLink About03-6243Prothonotary Court of Common Pleas Cumberland County Courthouse Carlisle, Pennsylvania CUMBERLAND COUNTY PENNSYLVANIA TO: Hazleton Hotel Associates 148 Sheriton Drive, Box A New Cumberland, PA 17070 AS PRESCRIBED BY LAW, YOU ARE NOTIFIED THAT A JUDGMENT HAS BEEN FILED IN THIS OFFICE AGAINST YOU BY FIRST FEDERAL BANK IN THE AMOUNT OF ONE MILLION SIX HUNDRED SIXTY-NINE THOUSAND THREE HUNDRED SEVENTY and 00/100 ($1,669,370.00), _T. OGETHEI~,WITH CONTRACTUAL INTEREST AND COSTS UNTIL PAID, ON THE ff'~DAY OF ~)g'C~a.~ ~'~'/~--_2 2003. Yours truly, PROTHONOTARY 585948.1 V1069-002 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Joseph E. Kluger, Esquire IDENTIFICATION NO. 56346 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 FIRST FEDERAL BANK, Plaintiff VS. HAZLETON HOTEL ASSOCIATES, Defendant A~rORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW IN CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority set forth in the warrant of Attorney contained in the original Promissory Note, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: 585950.1 V1069-002 Principal balance on Note dated 9/18/99 ...... $1,513,393.03 Interest to 10/31/03 ....................... $ 4,207.97 Attorney's fees (10%) ..................... $ 151,760.00 TOTAL ............ $1,669,370.00 plus contractual interest and costs until paid. HOURIGAN, KLUGER & QU1NN, P.C. BY: ~, JOS ESQUIRE Attorney for Defendants for the purpose of this Complaint; otherwise, Attorney for the Plaintiff ORDER AND NOW, this /~day of ~_'~r" ,2003, judgment is entered in favor of the Plaintiff and against the Defendant, Hazleton Hotel Associates, in the amount of One Million Six Hundred Sixty-Nine Thousand Three Hundred Seventy and 00/100 ($1,669,370.00), together with contractual interest and costs until paid. PROTHONOTARY 585950.1 V1069-002 2 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Joseph E. Kluger, Esquire IDENTIFICATION NO. 56346 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 FIRST FEDERAL BANK, Plaintiff VS. HAZLETON HOTEL ASSOCIATES, Defendant ATTORNEY FOR PLAINTIFF 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW IN CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT The Plaintiff, by and through its counsel, Hourigan, Kluger & Quinn, P. C., hereby complains of the Defendant as follows: 1. The Plaintiff, First Federal Bank, is a business operating as a bank, with a place of business at 12 East Broad Street, Hazleton, Pennsylvania 18201. 2. The Defendant, Hazleton Hotel Associates, is a Pennsylvania partnership having a last known address of 148 Sheraton Drive, Box A, New Cumberland, PA 17070. 585952.1 V1069-002 3. On or about September 18, 1998, the Plaintiff made a loan to the Defendant in the amount of One Million Nine Hundred Fifty Thousand and 00/100 Dollars ($1,950,000.00) (the "Loan"). The Loan is evidenced by a Promissory Note dated September 18, 1998 (the "Note"). (A true and correct copy of the Note is attached as Exhibit "A" and incorporated by reference.) 4. The aforementioned Note has not been assigned. 5. No judgment has heretofore been entered, in any jurisdiction, under the power to confess judgment in said Note. 6. The Note authorizes Plaintiff to confess judgment against the Defendant in favor of Plaintiff for the amount the Defendant is liable to Plaintiff, with interest, costs, late fees, attorney's fees (10%), and with release of errors. 7. A default has occurred under the Loan and the Defendant has failed to pay the money due and owing the Plaintiff pursuant to the Note whereby the Plaintiff declared the entire balance of the Loan due and payable. 8. An Affidavit of Leo R. Loftus, Senior Vice President of Plaintiff, is attached hereto as Exhibit "B" and incorporated herein as evidencing the debt due the Plaintiff. 9. Judgment by confession is not being entered against the Defendant in connection with a consumer credit transaction. 10. Consequently, the Defendant is indebted to Plaintiff as follows: 585952.1 VI069-002 2 Principal balance on Note dated 9/18/99 ...... $1,513,393.03 Interest to 10/31/03 ....................... $ 4,207.97 Attomey's fees (10%) ..................... $ 151~760.00 TOTAL ............ $1,669,370.00 plus contractual interest and costs until paid. WHEREFORE, Plaintiff requests that the Prothonotary enter judgment against the Defendant, Hazleton Hotel Associates, in the amount of One Million Six Hundred Sixty-Nine Thousand Three Hundred Seventy and 00/100 ($1,669,370.00), together with contractual interest and costs until paid. Respectfully submitted, HOURIGAN, KLUGER & QU1NN, P.C. BY: Jos~ire 600 Third Avenue Kingston, PA 18704 585952.1 V1069-002 3 PROMISSORY NOTE Prins~pal i LBan Date i Maturity ; Loan No ~ Ca,R. · Collateral Account i Officer ! Initials s'~,9.sF.,e~o_._oo 2 00:~8--~__99__r8. .... ;/?le:'Z.~?.'~ ..... : : ...... .. i .B_q_..I ........ References in the shaded ama are for Lender's use only and do flat limit the a~pl~bilily ef this documenl to any paflicular lean o¢ item. Borrower: HAZLETON HOTEL A;tSOClATES (TIN:) Lender: First Federal Dank 148 SHERATON DR. BOX A Hazleto~ Branch Office NEW CUMBERLAND. PA 17070 12 East Broad Street Principal Amount: $1,950,000.00 Interest Rate: 7'.800% Date of Note: September 18, 1998 PROMISE TO PAY. HAZ[ETON HOTEL ASSOCIATES ("Borrower") promises to pay to Pkef Federal Bank ("Lender"), ~ order, In lawful money of the U~lted States of America, the prlnclpef amount of One MIIIthn Nine Hundred Fifty Thousand & 00/100 Dollars ($1,9;0,000~X)), together EXHIBIT 09-18-1998 Loan No lgned, acknOWle g d ellvered in the presence of: PROMISSORY NOTE Page 2 (Continued) AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF LUZERNE : Leo R. Loftus, Senior Vice President, being duly swom according to law, deposes and states that he is the Senior Vice President of First Federal Bank; and that he is duly authorized to make this Affidavit; and that the following is tree and correct to the best of his knowledge, information and belief; and that on October 31, 2003, the amount owed to Hazleton Hotel Associates, pursuant to the Note, was as follows: 1. Principal balance on Note dated 9/18/99 ............... $1,513,393.03 2. Interest to 10/31/03 ................................................ $ 4,207.97 3. Attorney's fees (10%) ............................................ $ 151,760.00 TOTAL $1,669,370.00 plus contractual interest and costs until paid. Sworn to and subscribed before me this o2~ dayof ~t~4 ¥,~wxfl. ta~ ,2003. LEO R. LOFTUS, Senior Vice President Member, PennsCva~a ~,ssOOat]on Of No~les AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF LUZERNE : I, Leo R. Loftus, Senior Vice President of First Federal Bank, being duly sworn according to law, depose and say that the last known address of the Defendant, Hazleton Hotel Associates, is as follows: 148 Sheraton Drive, Box A New Cumberland, PA 17070 LEO R. L~OFTU~, Senior Vice President Sworn to and subscribed before me this c2~ day of~,~.~ ,2003. Notary Public N(mmtal Seal Bmtmra J. Seitz, Nota~/Public Oity Ol Hazleton, Luzerne Cowry My C(~T~sa~ E~:~res Aug. 24, 2006 aa~lber, ~nl~yivani~ As,~:x3at Jo~ O~ ~ 586022.1 VI069-002 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 Confession of Judgment and Complaint in Confession of Judgment are true and correct to the best of his 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 Confession of Judgment and Complaint in Confession of Judgment are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ~LEO R."LOFTElS,~Senior Vice President 586023.1 V1069-002 CERTIFICATION OF COMMERCIAL TRANSACTION Leo R. Lofius, Senior Vice President of First Federal Bank, as a duly authorized representative of First Federal Bank, deposes and says subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities that the underlying transaction relative to this Complaint in Confession of Judgment is a commercial transaction to the best of his knowledge, information and belief. LEO R LOFTUS, Senior Vice President 586025.1 VI 069-002 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Joseph E. Kluger, Esq. iDENTIFICATiON NO. 56346 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 ATTORNEY FOR Plaintiff FIRST FEDERAL BANK, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION ~- LAW IN CONFESSION OF JUDGMENT HAZLETON HOTEL ASSOCIATES, Defendant NO. 03-6243 Civil Term AFFIDAVIT OF RETURN OF SERVICE BY MAIL On December 8, 2003, I mailed the requisite 2958.1 Notice via certified mail, return receipt requested to the Defendant. An individual for the Defendant signed the return receipt upon delivery and the receipt, attached here as Exhibit "A", was returned by the post office on December 11, 2003. 589323.1 I make these statements pursuant to 18 PA. Cons. Stat. §4904 relating to unswom falsification to authorities and understand that false statements may subject me to criminal penalties under that statute. HOURIG ~A~, UG_~ & QUINN, P.C. By: ,.~.~.~-, ~.~-~ · ~. J s~E. KlUger, Esquire Attorney for Plaintiff Sworn to this 003. Notary Public Commonwealth of Pennsylvania Te~ C. 8m~h, No~ Publ~ Luzeme Boro - Luzeme Coun~ ~ Commiss~n E~res Feb. 02, 589323.1 · Complete items 1, 2, and 3. Also complete J item 4 if Restricted Delivery is desired. i · Print your name and address on the reverse i so that we can return the card to you. i or on the front if space permits. · Attach this card to the back of the mailpiece, t 1. Article Addressed to: 2. Article Number ~-I Agent It fforn item 17 If YES, enter delivery address below: /'3 No d Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [~.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes (Transfer from service label) ~ PS Form 3811, August 2001 Domestic Return Receipt ------'-----'-------- 102595~2-M- 1540 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Joseph E. Kluger, Esq. IDENTIFICATION NO. 56346 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 A'FrORNEY FOR Plaintiff FIRST FEDERAL BANK, Plaintiff VS. HAZLETON HOTEL ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW IN CONFESSION OF JUDGMENT NO. 03-6243 Civil Term PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter in favor of the Plaintiff and against the Defendant in the amount of One Million Six Hundred Sixty-Nine Thousand Three Hundred Seventy and 00/100 ($1,669,370.00) Dollars satisfied. Thank you. 591627.1 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ~~. ~ x___~ ~ _ JO EP$.~.H/E. KLUGER, ESQUIRE I.D. NO.: 56346 Counsel for the Plaintiff ORDER AND NOW, this 7~d~ay of January, 200~, the judgment entered in favor of the Plaintiff and against the Defendant, in the amount of One Million Six Hundred Six-Nine Thousand Three Hundred Seventy and 00/100 ($1,669.370.00) Dollars is hereby marked satisfied. PROTHONOTARY 591627.1