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Home My WebLink About03-6249HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION ny: Joseph E. Kluger, Esquire rDENTIFICATION NO. 56346 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3600 FIRST FEDERAL BANK, Plaintiff VS. KIRAN P. PATEL and K.D. PATEL, Defendants A'i-I'ORNEY FOR PLAINTIFF 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW IN CONFESSION OF JUDGMENT NO. 2003 CONFESSION OF JUDGMENT Pursuant to the authority set forth in the warrant of Attorney contained in the original Surety Guaranty, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against the Defendants as follows: 584320.1 Principal balance on Note dated 9/18/99 ........ $1,513,393.03 Interest to 10/31/03 ......................... $4,207.97 Attorney's fees (15%) ....................... $227~640.15 TOTAL .............. $1,745,241.15 plus contractual interest and costs until paid. HOURIGAN, KLUGER & QUINN, P.C. BY: JOS~QUIRE Attorney for Defendants for the purpose of this Complaint; otherwise, Attorney for the Plaintiff ORDER AND NOW, this <Q . day of ~ ,2003, judgment is entered in favor of the Plaintiffand against the Defendants, Kiran P. Patel and K.D. Patel, in the amount of $1,745,241.15, together with contractual interest and costs until paid. BY: CLERK"~ 584320.1 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, VS. KIRAN P. PATEL and K.D. PATEL, ATTORNEY FOR PLAINTIFF : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Plaintiff : : CIVIL ACTION -- LAW : IN CONFESSION OF JUDGMENT : : Defendants : NO. 0.3- 0 )- ~t ? 2003 COMPLAINT IN CONFESSION OF JUDGMENT The Plaintiff, by and through its counsel, Hourigan, Kluger & Quinn, P. C., hereby complains of the Defendants 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, Kiran P. Patel, is an adult individual having a last known address of 6 Carothers Circle, Mechanicsburg, PA 17055. VI 069-002 3. The Defendant, K.D. Patel, is an adult individual having a last known address of 148 Sheraton Drive, Box A, New Cumberland, PA 17070. 4. On or about September 18, 1998, the Plaintiff made a loan to Hazleton Hotel Associates (the "Borrower") 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.) 5. As partial consideration for the Plaintiff extending the Loan, the Defendants executed a Surety Agreement (the "Guaranty") dated September 18, 1998, in favor of the Bank, guaranteeing all obligations of the Borrower. (A true and correct copy of the Guaranty is attached as Exhibit "B" and incorporated herein by reference.) 6. The aforementioned Note and Guaranty have not been assigned. 7. No judgment has heretofore been entered, in any jurisdiction, under the power to confess judgment in said Guaranty. 8. The Guaranty authorizes Plaintiff to confess judgment against the Defendants in favor of Plaintiff for the amount the Defendants are liable to Plaintiff, with interest, costs, late fees, attorney's fees (15%), and with release of errors. 9. A default has occurred under the Loan and the Defendants have failed to pay the money due and owing the Plaintiffpursuant to the Note whereby the Plaintiff declared the entire balance of the Loan due and payable. V10694)02 2 PROMISSORY NOTE PrlnEIp~l ' Loan Date i Maturity : Lo~n N.o, : Call · Coltatcrol Account : Officer I Inltiola PrincipsI Amount: $1,950,0~.00 interest Rate: 7.800% Date of Note: September 18, 1998' paymenl. DIS~NORED ITEM FEE. Boffower will pay a ~ to Lender of $25.~ If Bo~ower makes a p~ymen{ on Borrower's J~n and Ihe ch~k or wJthoul limitation a~l accounb held jointly with someone else and all accounts Borrower may open in the f~ture, excludi~ however ali I~ end ~h accoBnffi, and afl lr~st accounts for which the g~n{ of a s~uri~ inlemst would be prohibged by law. Bo~ower authod~s Lender. Io the ~ent olher pe~on who signs, guamnle~ ~ endows this Note, Io the exlent aflowed by law~ waive presentment, demand for payment, protest and noti~ o~ CONFESSION OF JUDGM~T. BORROWER HERE~Y iRREVOCABLY A~ORI~S AND EMPOWERS ANY A~ORNEY OR THE PROTHONOT~Y OR CLERK OF ANY COURT JN THE COMMONWEALTH OF PENN~LVAN~A, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER A~R BORROWER FOR THE E~IRE PRiNCiPAL BA~NCE OF THIS NOTE, ALL ACCRUED ~RE~, ~TE CHARGES, AND A~ AND ALL AMOURS EXPENDED OR ADVANCED aY LENDER RELATING TO ANY COL~TERAL SECURING ~IS NO~ TOG~HER Wl~ I~RE~ ON SUCH AMOURS, TOG~HER WiTH CO~S OF SUIT, ~D AN A~ORNEY'S COMMISSION OF TEN PERCE~ (10%) ~ THE UNPAID PRINCIPAL BA~NCE AND ACCRUED I~REST FOR COLLE~ION, BUT IN ANY EVE~ NOT LESS THAN FrVE HUNDRED D~RS (~) ON WHICH JUDGMENT OR JUDGME~S ONE OR MORE EXEC~IONS MAY iSSUE IMMEDJA~LY; AND FOR SO DOING, THIS NO~ OR A COPY OF ~S NO~ VERIFIED ~Y AFFI~AVIT S~LL BE SUFFICIENT WARRANT. THE A[~HOR[~ G~NTED IN THiS NOTE TO CONFESS JUDGMENT AT ALL TIMES U~IL PAYME~ IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HERE~Y WAIVES A~ RIGHT BORRO~R MAY HAVE TO NOTICE OR TO A HE~NG ~N CONNECTION WiTH ANY SUCH CONFESSION OF JUDGMENT, EXCE~ ANY NO~CE AND/OR HEARrNG REQUIRED UNDER APPLICABLE ~W WITH RESPE~ TO EXEC~ON OF THE JUDGMENT, AND ~ATES T~T EITHER A REPRESE~ATJ~ OF LENDER SPECIFICALLY C~LED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S A~E~JON OR BORROWER ~S BEEN REPRESE~D BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THiS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THiS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNO~EDGES RECEIPT OF A COMPETED COPY OF THE NOTE. BORROWER; EXHIBIT 09-11~-1998 Loan No ! lgn~ellvered in the presence of: Wllness PROMISSORY NOTE Page 2 (Continued) SURETY AGREEMENT HAZLETON HOTEL ASSOCIATES Barbara Cass~se,Assistan~. V~mm Pr~ent Ex~,~th~ 18th ~y~ September ~s98 . Teal Road, Mechanicsburg, PA ]705~ 6 Carothers Circle, Mechanicsburg, PA 17055 (Sea0 CORPORATIONS OR PARTNERSHrPS SiGN BELOW AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF LUZERNE : Leo R. Loftus, Senior Vice President, being duly sworn 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 true and correct to the best of his knowledge, information and belief; and that on October 3l, 2003, the amount owed to Kiran P. Patel and K.D. Patel, pursuant to the Guaranty, 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 (15%) ........................................................... $227.640.15 TOTAL $1,745,241.15 plus contractual interest and costs until paid. Sworn to and subscribed _12efore me this ~ ~'q~ day of ~ 0,'~4,4~e.,,..) ,2003. LEO R. LOFTUS, Senior Vice President AFFIDAVIT OF NON-MILITARY SERVICE OF DEFENDANT 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 I did, upon the request of First Federal Bank, investigate the status of Kiran P. Patel and K.D. Patel with regard to the Soldiers' and Sailors' Civil Relief Act of 1940. To the best of my knowledge or infomaation and belief, n/ether Kiran P. Patel and K.D. Patel is not now, nor were they within a period of the last three (3) months, in the military or naval service of the United States within the purview of the Soldiers' and Sailors' Relief Act of 1940. LEO R. LOFTUS, Senior Vice President Sworn to and subscr/bed before me this ]~q3 day of ~ , 2003. t~tmra j. seitz, No~t Pubac city of i-I~leton, L.uzeme Co~ My Coronation E~ms Aug. · Member, pennsylvanie AsscoatJon Of No,#les 584331.1 V1069-002 AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF LUZERNE : I, Leo R. Loflus, Senior Vice President of First Federal Bank, being duly sworn according to law, depose and say that the last known address of the Defendant, K/ran P. Patel and K.D. Patel, is as follows: K/ran P. Patel 6 Carothers Circle Mechanicsburg, PA 17055 AND K.D. Patel 148 Sheraton Drive, Box A New Cumberland, PA 17070 LEO R. EOFTUS, Senior Vice President Sworn to and subscribed before me this ~',/- P3 day of'~('~//l~- , 2003. \- NetarleJ Seel Bllltlara J. Seitz. NotalY Pul311c Cliy Of Haz~eton. Luzeme ~ My Coffiffilssion Ex,res Aug. 24, 200~ Maf~r, pennsylvania AsSO°'at~l Of Notaries 584335.1 VI069-~02 VERIFICATION Leo R. Lofius, hereby certifies that he is the Senior Vice President &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. 584350,1 V1069-002 CERTIFICATION OF COMMERCIAL TRANSACTION Leo R. Loffus, Senior Vice President of First Federal Bm~k, as a duly authorized representative of First Federal Bank, deposes and says subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn 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. C/L~) R.rL~)FTUS, Senior Vice President 584352,1 V1069-002 Prothonotary Court of Common Pleas Cumberland County Courthouse Carlisle, Pennsylvania No. ,2003 CUMBERLAND COUNTY PENNSYLVANIA TO: Kiran P. Patel 6 Carothers Circle Mechanicsburg, PA 17055 K.D. Patel 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 $1,745,241.15, TOGETHER,WITH CONTRACTUAL INTEREST AND COSTS UNTIL PAID, ON THE O~ DAY OF ~'{(.~tt~-~lq/4JAn._ · 2003. Yo~s truly, PROTHONOTARY 584319.1 VI069-002 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION 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. KIRAN P. PATEL and K.D. PATEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CWIL ACTION -- LAW IN CONFESSION OF JUDGMENT NO. 03-6249 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 Defendant, K.D. Patel. 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. 589320.1 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. By: J sec~gl~h~. Kluger, Esquire Attorney for Plaintiff Sworn to this 'NB~ary Public Commonwealth of Pennsylvania NOTARIAL SEAL Terrl C. Snflth, Nota~/Public Luzefne Boro - Luzeme County Idy Comml~don Explre~ Feb. 02, 589320.1 2 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can r~urn the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: :). is deliver3 ~s different ~ item 1 ? If YES, enter delivery address below: [] Agent [] No 3. Servi Tybe /~' ~/ ~,ed Mail I-I Express Mail ~ ~ Insur~ Mail ~ C.O~D, I 2. A~ticle Number i PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 HOURIGAN, KLUGER & QUINN ^ PROFESSIONAL CORPORATION BY: Joseph E. Kluger, Esq. IDENTIFICATION NO. 56346 ATTORNEY FORPlaintiff LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 FIRST FEDERAL BANK, Plaintiff VS. KIRAN P. PATEL and K.D. PATEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW IN CONFESSION OF JUDGMENT NO. 03-6249 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 Defendant, Kiran P. Patel. 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. 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. Jo~e.~fE. Kluger, Esqui e Attorney for Plaintiff Sworn to this day of Decemb.er, 2q03. Notary Public Commonwealth of pennsylvania [ ~ Ten[ C. Smith, Nota~ Public ~ Commlsslo~ F-xl 589313.1 2 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service laPel) PS Form 3811, August 2001 B. Received by ( printed Name) D. Is delivery address differerff from imm 1 ? If YES, enter delivery address below: 3. s Type ~ified Mail [] Registered i-I El Insured Mail [] ( 4. Restricted Delivery? (Extra Fee) []Yes 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 FIRST FEDERAL BANK, Plaintiff VS. ATTORNEY FOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C1VIL ACTION -- LAW IN CONFESSION OF JUDGMENT KIRAN P. PATEL and K.D. PATEL, Defendants NO. 03-6249 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 Defendants in the mount of One Million Seven Hundred Forty-Five Thousand Two Hundred Forty-One and 15/100 ($1,745,241.15) Dollars satisfied. Thank you. 591623.1 Respectfully submitted, HOURIGA~ KL ~U/~/ER & QUINN, p.c. BY:. %.~_~(~ ~ J(3-~)'H E. 'I~-LUGER, ESQUIRE I.D. NO.: 56346 Co~sel for the Pl~ntiff ORDER AND NOW, this ~Xday of January, 2001~, the judgment entered in favor of the Plaintiff and against the Defendants, in the amount of One Million Seven Hundred Forty-Five Thousand Two Hundred Forty-One and 15/100 ($1,745.241.15) Dollars is hereby marked satisfied. PROTHONOTARy 2