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Home My WebLink About11-2559 Pa.R.C.P.2962 '?- S-H ° T -3 r w" IN THE COURT OF COMMON PLEAS r n z? :;3- g OF CUMBERLAND COUNTY, PENNSYLVANIA U) ' SUSQUEHANNA BANK Successor-in-Interest to ?' -- o SUSQUEHANNA BANK, PA. * = 307 International Drive CIVIL DIVISION -< N Hunt Valley, Maryland 21030 * Case No.: -9554q VI 17-e-r""' * Plaintiff, CONFESSION * OF JUDGMENT OF MONEY V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. oft}9d7.S0 ?d a / 61# q.-L&Y 1#assgas Vdia AAQ?(ed * * * * * * * * * * * * * CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant, EL Hotel Group, LLC, 1904 Christopher Place, Harrisburg, Pennsylvania 17110 and confess judgment in favor of the Plaintiff and against the Defendant as of February 11, 2011 under Count I as follows: Principal $1,217,392.90 Interest $ 20,464.04 Late Charges $ 1,140.34 Per Diem $224.88 Total $1,238,997.28 /\-? n wcA Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202 (410) 385-5072 Attorneys for the Defendant 2 10, y r Pa.R.C.P.2962 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. (/? I CD 9 C7 x> _ C? C)r7- w LZ 307 International Drive CIVIL DIVISION //??}}? Hunt Valley, Maryland 21030 * Case No.: `j 361 T-e-'rw * Plaintiff, CONFESSION * OF JUDGMENT OF MONEY V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * * a*+ 9I I q tw Nahf CkhL ear, 7 R A?.qss 9a S Nb+;f,e /bladed , . * * * * * * * * * * * * * CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants, Navnitlal B. Zaver and Kailashben Zaver and confess judgment in favor of the Plaintiff and against the Defendants, jointly and severally as of February 11, 2011 under Count II as follows: Principal $1,217,392.90 Interest $ 20,464.04 Per Diem $224.88 Total $1,237,856.94 Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202 (410) 385-5072 Attorneys for the Defendant 2 Pa.R.C.P.2962 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N a . SUSQUEHANNA BANK * =M Successor-in-Interest to rss? i :.z) SUSQUEHANNA BANK, PA. * r- -' a 307 International Drive CIVIL DIVISION 3>c-) Hunt Valley, Maryland 21030 * Case No.: ca c, c-) -a ca; TA Plaintiff, CONFESSION * OF JUDGMENT OF MONEY V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. ',AA .414.60?d A"Y d,1; # 14 1017 V4 a s5% ?nff h-ce A, ter( * * * * * * * * * * * * * CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants, Mehul V. Patel and Anjana Patel and confess judgment in favor of the Plaintiff and against the Defendants, jointly and severally as of February 11, 2011 under Count III as follows: Principal $ 750,000.00 Interest $ 20,464.04 Per Diem $224.88 Total $ 770,464.04 Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202 (410) 385-5072 Attorneys for the Defendant 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.:s??/V? l TerN?L * Plaintiff, COMPLAINT FOR CONFESSION * OF JUDGMENT OF MONEY V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg Pennsylvania 17110 , And * =: y NAVNITLAL B. ZAVER * v v ' u 1904 Christopher Place w Harrisburg, Pennsylvania 17110 * n -' ?'- ? O C) ? rTa And * --? C'I KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * COMPLAINT FOR CONFESSION OF JUDGMENT OF MONEY 1. The Plaintiff and the last known address thereof is: Susquehanna Bank successor-in- interest to Susquehanna Bank, PA. 307 International Drive, Hunt Valley, Maryland 21030 2. The Defendants and last known addresses are: EL Hotel Group, LLC, 1904 Christopher Place, Harrisburg, Pennsylvania 17110, Navnitlal B. Zaver, 1904 Christopher Place, Harrisburg, Pennsylvania 17110, Kailashben Zaver, 1904 Christopher Place, Harrisburg, Pennsylvania 17110, Mehul V. Patel, 3208 Manchester Drive, Durham, North Carolina 27707 and Anjana Patel, 3208 Manchester Drive, Durham, North Carolina 27707. COUNTI 3. The Defendant, EL Hotel Group, LLC ("EL") is presently indebted to Plaintiff pursuant to a $1,331,250.00 Commercial Loan evidenced by a $1,331,250.00 Five Year Fixed Rate Note dated August 12, 2008 ("Note") executed by the EL to the order of Plaintiff. The original instrument evidencing the obligations on which the judgment is herein confessed or a photostatic copy of a like reproduction showing the signature of the Defendant, EL, which is a true and accurate reproduction of the original, is attached hereto as Exhibit "A" and in incorporated herein by reference. 4. EL defaulted under the terms and conditions of the Note by failing to make the payments called for there under. As a result of this default, Plaintiff declared a default, accelerated and demanded payment of all indebtedness owed under the Note. A true and accurate copy of the demand letter is attached hereto as Exhibit "B" and is incorporated by reference herein. 2 5. Despite such demand, EL has failed to pay all indebtedness owed to Plaintiff as required under the Note. 6. There has been no assignment or transfer of the Note. 7. Pursuant to Rule 2951 of the Pennsylvania Rules of Civil Procedure, the judgment entered in connection with the Complaint for Confession of Judgment for Money (the "Complaint") against the Defendant, EL set forth herein has not been entered against a natural person in connection with a consumer credit transaction. 8. Judgment has not been entered on the Note in any other jurisdiction. 9. The itemization of the amounts owed under the Note as of February 11, 2011 is as follows: Principal $1,217,392.90 Interest $ 20,464.04 Late Charges $ 1,140.34 Per Diem $224.88 Total $1,238,997.28 10. The Note with the Confession of Judgment and Warrant of Attorney was executed on August 12, 2008. 11. Under the Confession of Judgment set forth in the Note, EL authorized and empowered any attorney of any court of record to appear on behalf of EL and to confess judgment against EL in favor of the Plaintiff for and in the full amount outstanding under the Note (including principal, accrued interest and any and all charges, fees and expenses outstanding there under). 3 WHEREFORE, the Plaintiff, is authorized by the warrant of attorney and confession of judgment clause contained in the Note to confess judgment against the Defendant, EL, and requests that judgment be entered against the Defendant, EL Hotel Group, LLC in the total amount of $1,238,997.28 plus interest after February 11, 2011 and brings the attached Note into Court to recover the said sum. COUNT II 12. Plaintiff incorporates herein by reference paragraphs 1 through 11 of this Complaint as if fully set forth herein. 13. Defendants, Navnitlal B. Zaver and Kailashben Zaver (collectively "Zavers"), absolutely and unconditionally guaranteed payment of the obligations owed to the Plaintiff by EL under the Note in an amount not to exceed $1.400,000.00 for principal, plus interest and costs pursuant to the execution by the Zavers of a Guaranty and Suretyship Agreement dated August 12, 2008 ("Guaranty I"). The original instrument evidencing the obligations on which the judgment is herein confessed or a photostatic copy of a like reproduction showing the signature of the Defendants, the Zavers, which is a true and accurate reproduction of the original, is attached hereto as Exhibit "C" and in incorporated herein by reference. 14. The Zavers defaulted under the terms and conditions of Guaranty 1 by failing to make the payments called for there under. As a result of this default, Plaintiff declared a default, accelerated and demanded payment of all indebtedness owed under Guaranty 1. A true and accurate copy of the demand letter is attached hereto as Exhibit "B" and is incorporated by reference herein. 4 15. Despite such demand, the Zavers have failed to pay all indebtedness owed to Plaintiff as required under Guaranty 1. 16. There has been no assignment or transfer of Guaranty 1. 17. Pursuant to Rule 2951 of the Pennsylvania Rules of Civil Procedure, the judgment entered in connection with the Complaint for Confession of Judgment for Money (the "Complaint") against the Defendants, the Zavers set forth herein has not been entered against a natural person in connection with a consumer credit transaction. 18 19. follows: Judgment has not been entered on Guaranty 1 in any other jurisdiction. The itemization of the amounts owed under Guaranty 1 as of February 11, 2011 is as Principal Interest Per Diem $224.88 Total 20 $1,217,392.90 $ 20,464.04 $1,237,856.94 Guaranty 1 with the Confession of Judgment and Warrant of Attorney was executed by the Zavers on August 12, 2008. 21. Under the Confession of Judgment set forth in Guaranty 1, the Zavers authorized and empowered any attorney of any court of record to appear on behalf of the Zavers and to confess judgment against the Zavers in favor of the Plaintiff for and in the full amount outstanding under Guaranty 1 (including principal, accrued interest and any and all charges owed there under). WHEREFORE, the Plaintiff, is authorized by the warrant of attorney and confession of judgment clause contained in Guaranty 1 to confess judgment against the Defendants, the Zavers, 5 and requests that judgment be entered against the Defendants, Navnitlal B. Zaver and Kailashben Zaver, jointly and severally, in the total amount of $1,237,856.94 and brings the attached Guaranty 1 into Court to recover the said sum. COUNT III 22. Plaintiff incorporates herein by reference paragraphs 1 through 21 of this Complaint as if fully set forth herein. 23. Defendants, Mehul V. Patel and Anjana Patel (collectively the "Patels"), absolutely and unconditionally guaranteed payment of the obligations owed to the Plaintiff by EL under the Note in an amount not to exceed $750,000.00 for principal, plus interest and costs pursuant to the execution by the Patels of a Guaranty and Suretyship Agreement dated August 12, 2008 ("Guaranty 2"). The original instrument evidencing the obligations on which the judgment is herein confessed or a photostatic copy of a like reproduction showing the signature of the Defendants, the Patels, which is a true and accurate reproduction of the original, is attached hereto as Exhibit "D" and in incorporated herein by reference. 24. The Patels defaulted under the terms and conditions of Guaranty 2 by failing to make the payments called for there under. As a result of this default, Plaintiff declared a default, accelerated and demanded payment of all indebtedness owed under Guaranty 2. A true and accurate copy of the demand letter is attached hereto as Exhibit "B" and is incorporated by reference herein. 25. Despite such demand, the Patels have failed to pay all indebtedness owed to Plaintiff as required under Guaranty 2. 6 26. There has been no assignment or transfer of Guaranty 2. 27. Pursuant to Rule 2951 of the Pennsylvania Rules of Civil Procedure, the judgment entered in connection with the Complaint for Confession of Judgment for Money (the "Complaint") against the Defendants, the Patels set forth herein has not been entered against a natural person in connection with a consumer credit transaction. 28. Judgment has not been entered on Guaranty 2 in any other jurisdiction. 29. The itemization of the amounts owed under Guaranty 2 as of February 11, 2011 is as follows: Principal $ 750,000.00 Interest $ 20,464.04 Per Diem $224.88 Total $ 770,464.04 30. Guaranty 2 with the Confession of Judgment and Warrant of Attorney was executed by the Patels on August 12, 2008. 31. Under the Confession of Judgment set forth in Guaranty 2, the Patels authorized and empowered any attorney of any court of record to appear on behalf of the Patels and to confess judgment against the Patels in favor of the Plaintiff for and in the full amount outstanding under Guaranty 2 (including principal, accrued interest and any and all charges owed there under). WHEREFORE, the Plaintiff, is authorized by the warrant of attorney and confession of judgment clause contained in Guaranty 2 to confess judgment against the Defendants, the Patels, and requests that judgment be entered against the Defendants, Mehul V. Patel and Anjana Patel, jointly 7 and severally, in the total amount of $770,464.04 and brings the attached Guaranty 2 into Court to recover the said sum. Date: February 28, 2011 ,? 0 A) D-.,^ Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202 (410) 385-5072 Counsel for Susquehanna Bank VERIFICATION Understanding that false statements made in this Verification are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification of authorities, I verify that I am an Assistant Vice President of Susquehanna Bank, the Plaintiff in the above-captioned matter, and that I am authorized to make this Verification on the Plaintiff's behalf. C. AeIA Fleury Y,00 ssistant Vice President Susquehanna 8 FrVE YEAR MED RATE NOTE $1,331,250.00 August 12, 2008 FOR VAUM, PL HOTEL GROUP, LLO, a Pennsylvania Lini tcu Liability Company, z 904 (l r,stopher Place, Farrisburg, PA 17110 (hereinafter referred to as Maker) pm-noses to pay to the order of SUSQUIE IANW A II AI` K IPA, a Pennsylvania barking institution, 1060 Maim Street, P.O. Box 580, Blue UL Fonnsylvania 17506 (he einafter raft-, d to as Obligee) at 1060 Main Street, B!uc Ba11, Pennsylvania 17506, the sum of One Million 71azee Hi red 'ibirty- one Thotwnd Tiro Hundrad Ditty and 001100 ($1,331,250.00) Dollars, together with ir*a,-est azd costs as more particularly hereinafter set forth. The term of this Mote shalt be two 1,und-md forty (240) months. From the date horoof until August 12, 2013, the outstanding nrnci fat bay of t'ls obligation stall bear interest at the rate of Sir and Sixay-f ve Hundredths Percent ( 6.65%) per annum. Theroeter, ! he outstanding principal. balance of this Note shall bear interest at the Wall Street 'rrne Rat., as hereinafter defined, to be adjusted annually on the anniversary date bercof Principal and interest shall be due and payable- in equal monthly instalhnents in the amourt of Eleven Thousand Four Hundred Three and 421100 ($11,403.42) Dollars, , duo and payable on the 120i day of each morlth, commencing September 12, 2008, until August 12, 2013. 'i'hercafter, the amount of each installment shall be an amount which, if paid monthly over the reznairyder of the term of the Note, will be sufficient to pay in full all principal, together with interest accrued at tiic *.en-current contram rate. The entire principal balance, together with accrued imerest and costs, shall be dite and payable in full, if not sooner paid, on August 12, 2+728. The =going notwithstanding, or. the fifth armivcrsary hereof, Obligee shall have the right to dcrr arcs payment of the :hen remaining outstanding pzneipal balance duo, together with a':1 interest accrued and costs, i his Ob -goon is be made under and subject to the following terms and ccmdi tions: 1 Note is a ccuted pursuant to the terms of a certain Loan Agreement bearing even date hermith (hor'ein re a-reed to as the Loan Agreement), this note being referred to in the Loan Agreement as 1Iortgagc Note No. 2, The definitions of ail proper nouns utilised ic. the Loan Agreement are incorporated herein and are made apart he=-f, except to the ecttent their any sui'i definition is clearly inconsistent with a definition as contained in this Obligation, and all proper nouns utilized keein shA1 have the meanings attributed-to them in the Loan Agreen-scat unless the context hares`t"clearly indicates the contrary. 'ihis Note is secured by the oollatmxl describcd in the Loan Agreemen€, to wlach refmmw is mane for a full description th:-,reof, am includes, but is not limited to, a first lien mortgage of even date, executed and deRverod by Maker to Obligee, granting to Oblig= a mortgage interest in certain premises located at 1460 rlardsburg Pike, Carlisle, Pic (hereinafter galled the Mortgaged Property). 2, in planning for the advancing of the proceeds of this Moto, wd in plazriing its investment portfolio, the Obligoo.is relying upon this Note and the interest to be derived i ieaefrom, and some assured period of intorest accrual is a bargainod for consideration in this a msaction. Accordingly, from the date hereof urrtil August 12, 2013, the Obligee shall be required w accept no partial pnepeyments of Oncipal from any third parry source, other than Out= resulting from regLlarly sche dul.ad amcrtivation payn>ents, from excess cash flow to the hiaker, or from salo of the EXHIBIT A premises sec ?? g this New In the event that the entire pnncip l balance of fiche Note is paid prior to August 12, 7,013, except from ft sources referred to in the preceding seat=ce, V=h payment shall be accompanied by all aced interest and all costs and, in addition, a prcpayin°nt prem:um equal to Two (2<0%) potent of the &tu-o?iug principal of the Note. bis prepayment p remium 4s a bargaine&fnr considaadia and not a liquidated damages provision. This prepayment pcemivm ;provision shall not be applicable in the event that the Obligee's acceleration of the payment u ms of Note triggers the prepayment, unless the default rmulting in fich acceleration i` .3bty de=cd by tree Obligee. tobe a purposeful dafaL-It: No p-marEel prepayment shall postpone fee intemipt payments of future kaAlbamb of principal and interest, which shall continue to be due and payable. at the time and in iha amounts set forth aba% -- until payment in full. From and aft r Auira .12, 2013, Masser shall have the privilege, without pr-rium or j,=al y, Pt any time and front time to one, of pMay`mg this Note, in whole or in part, prox ded thm each prepament shale ai=mpanied by accrued interest on the aino%mt prepaid. 3. Ali of tine terns, covenants, and conditions in the Mortgagee: the Loan Agreement, both of even he-with, and aaY other da-umeats executed as part of this Loan "such other Agreements or documents being hereinafter collectively called Collateral ?, are inc-rporated herein by tefze= aid are hereby trade a part of this Note to the same a:-.tent and with the same force and effect as if they ware My sat forth herein. If Maker fails to kec-p, observe. and pmorm any offw tears, covenants, and conditions contained in this Nose, or the Collateral in accordance with tine terms end provisions thereof, Obligee may, in its discretion, but without any obligation o: duty to so do and without waiving any default, perform my of such terms, covenants, and conditions, in part or in whole, and any money advan:.ad or eM=ded by Obligee in or toward the fulfillmea, of such terms, covenants, and conditions shunt be due on demand and become a pad, of and added to the indebtedness due under this NOW and secured bey the Collateral, with mt xest theaoon at the interest rate on the principal of this Note, trot the date of the respective adva? or expenditure. 4. Ir the event that the Maker fails to make any required payment wig ten (10) days after the due date thereof, as set forth in this Note, the Obligee may impose a late fee in the amount ofFive (561,Y) Percent of the unpaid scheduled paynreU% or Fifty x$50,00; Dollars, wrichevCr is greateer. In su:.h event the Obligee may deem the Maker to be in dull ult sunder the tennis of this Note, he Mortgage, or the Assignment of Lem and Resits, and fm so long as any such default shell continue, at the erection of Obligee, without notice, the interest r ate applicable to the outstanding p,-o=pal dance of any obligation or obligations of ?,Zaker hereunder shall immediately be ncreased to an annual rate Two (2.0%) percent above tke then etnTent y- applicab'e interest rate, and the interest rate shall remain at an annual -a c equal :e 'i?0 (2.?J%'t percent above time rate which would otherwise be applicable to the outstanding 7.incipal oalance tit:til all principal, interest, and costs are paid in full, or until any such default has ecen cured, including payment of all aoaued interest at the rate as set forth in this paragraph Upon cure of any stich default, the rate of interest on any Note shall be reduced to the rate of interest as hereinbefora set fwh< 5. If Maker &all fail to snake any payment of principal or i.-iterest On this Mote for period. cf t=, (10) days after it shall fall d-^ or fail to perform or ooserv a any of the terms. covetmts, and conditions contained in this Note or in the Mortgage or in any other Collateral, of if any certifies-ir n, viavanty, or representation made or hereafter made: by Maker o Ooligee should prove to be materially false, then the ecdre unpaid principal balance on this Note, together with interest 3rcrued thereon, together with all other sutras doe or owed by Maker hummer or under the tertas of the Mortpp or any other Collateral, shall, at the optic of Obli„ and without notices to Makae, become due and payable immediately, together with an atomey's fee for conectiot! o° f ive (S'Ye) percent. of the total indebtec sS owed by Makur to Obligee hereon, but in no even€ less than $2,500.00; and payment of the smite may be enf6 cad end movercd by the entry of jAam nt on this Note and the.issuance of exec-stion thereon. 6. t FON T H-9 OCCURRENCE OF ANY EVENT Of DEFAUi, T cJN3E k THE TEMM S OF THIS s'on, INCL-e. iNc %NY EVENT aF I)xFAuw.T uxDER TRF TERM OF A.N Y D wuw%-aENx INCORPORATED RZYM, AND AFrESTHE EXPIRATION OF ANY APPL£CAKS CURE FERIODS AS SET FORTH HER&IN Git IN ANY OF THE LOAN DOCUMENTS, KUM H. ZEUY IRREVOCABLY AI-17HORMS ANY PW s SOYOTARY OR A,YY ATTOZNEY OF ANY COD-RT OP RECORD WITRIN :T•w L h=x,D STATE FS OR ELSEWHERE TO APPEAR FOR IT AND TO CONFESS •J['i?^v;1IiE1` 3 AGAINST IT, FOR ANY AMOUNT W MC:H n IMAY BE OR. BECOME LIABLE W40ER THE ".'EMMS OF THIS AGRF.EMM 1T L?Tt'J'_YTI'ERTHE TERM OF AMY BOC VI I[tiC ORPORA.TED GIs UPON THE F"UMG OF AN AF!°MA4'I"I° SETT MG FORTH THE EVENT OR EVEM OF DPA AULT, TOGETH M WiT"3 VMI REST AS REEN, OR THERM PROVIDED, AND ATMRNZY T'T XS AS HEREIN OR THEREIN SET FORM ALL COSTS Of SM, ]RELEASE OF ERRORS, AND WAIVER GF AFMAI.% AND WrMO[.T STAY OF EC',JTION. l URI THER, MI AKER EACH IIBTREBY WAND ANY AND ALL RIGHiS OF MQUIS111<?N ON AN'Y READ, ESTATE THAT MAY BE I. nUD ICITON TO MLLEiT TIM AlYmOUNr OR A:'wIO[,zm DUE UNDER A jUI)GMLNT OBTAINED BY NMTU'E WEREOF, AND Tr DOES HEREBY VOLu .udLY coNDEMN THS SAM$ AND AUTTSORI7.F Tnz ?R Ho.No r qAy TO LwER LTON A VVF.i it OF CLMON SAIB VOLUNTARY CONDEMNATION, AND DOES HEP.E31' FURT R AGREE iRAT SAD? FSAL ESTATE M&Y BE SOLD ON A WAIT OF EXECU"I'ItPIT, AND I 1 F.RM wAiy rI.S ANjD R USES ALL RELY FROM ANY AND ALL ArMAISEM&NT. STAY, AND EXEMP'ITON LAWS OF ANY STTAT E NOW IN FORCE OR HZREAFTFR ENAMED, AND XKY RIGT TO L,X^..EPT TO, -"r'LWa OFF, OPEN, 'OR "PEAL FROM THE n"MMENT SO EKnMED. IF A -.RUE COF'Y OF .Tss Ire TRPj*m-r SHALL RS F':LIID IN som ACrIoN, IT SMALL NOT BE ;NI;cx-SsARY To i=€u THE ORIGMI, AS A'WAIt'pj w Tr t3R A'ITflmcy, Aw Rutz OF Comm TC T z CO: '.RARY MOTWFf wAND3NG. No SrNGLIS E:O?+RCISE OF THIS FOREE'rOING WARRANT AND I-OWER, TO CONFESS JUEAGs MN"T SHALL BE DOSED TO EXHAUST THE POW Mt, WHE MER OR NOT SUCf I EXERCISE SHALT. BE IflrLD BY COURT TO BE MAUD, VOEDABLE, OR VOID$ BILIT' E POWER sHAu CANTmit uNDIMLNISmw :Am MxY BE EXERCjED morn irw ro Timx .&s on. FN AS MAY PE Y?L' SAN} UNM ALL BUrM PAY_43LB MZR T HE TEMI.; OF T'I'NS AGRLrLMTN x HAVE. 3F.EN PAID I?t FUrl- ANY JMGMIENT ENT'.' .RED PURSUANT HERETO SHALT. BEAR I'.N'.77 REST AT T'B% CON L7,,kCr RATS OR RATES L?`N"'It L PAM IN ITL€,, THE CONFRAC r RATE TO EE APPLIED TO i ? J-vDGvmNT L4 LINU OF Ti HE LEGAL RATE OF VfMRMT M. O'ViDED 3`Y rs.PPLICABLE LAW, T=.POWI;sR OF ATTORNEY SHALL 1OT BE AFFECTED BY ANY SL73SEWENr DI$AIILITY OF t NY PRINCIPAL 7. Tne remedies of Obligee provided herein and in the Collateral and the v a mob of atrorney he-,tin or iterein contained shall be emulative and concurrent and may tic pursued singly, smzessively, and together at the sole dis.^rrtion of Obligee. and my be e.L.-.r.-iwd as of ten as occasion Therefor shall occur; and the failure to exercise any such right or remedy shall in no event be core as a waiver of release of the same 8. 1VMa cr hereby releases Obligee and said attorney or attorneys from, "ail errors, defects, and im. - rf A-dons abatsoever in entering judgment by confession hereor. as aforesaid or in issuing any process or insftting any proceedings rela ing *ereto and hereby waives all benefit that might ague to Maker by vkm,- of any present or future laws exempting the Mortgaged Property, or any other property, real or personal, or any part of the proceeds arising from- any sal' of any such property, from attachment, levy, or sale under cxecudon., or providing for any stay of execution, exemption from civil process, or extension of time, and agrees that such properly may be sold upon any writ of exaction issued upon any j ad }Went rtxx ded herein in whole or in pari and in arty order as may be desired by Obliges. 9. Maker shall pa f the cos.. of any revenue, tax, or other stm j now or r eafte - required by'wv aw airf time to be affixed to this Note or the Collateral, oral if any saxes be imposed with, respect to debts so secared, with the exception of any applic=able federal, sane, or local income taxes or any county personal property tax which may be as`eessed against Obligee, Makes agrees to pay w or reimburse the Obligee upon demand the amo:mt of such :axes and hereby waives any co-atrary provisions of any laws of rules of court now or hereafter in effect. .%ker shall bar all costs of collection of this obligation, including 41 cc ttrt costs, incidental expenses, and Obligee's co•,ursel fees, all of which shall bear interest at the contract rate herein sper:l£ed tmtil paid in fail and all of which shall be due witho rt demand from ti:-re to tim-. as accrued. 10. As tu'?:zed herein, all references to the Wall Street Prime Rate shall be deemed to refer to the Wall Street Journal Prime Rate as published in the 'Wall Street 3ournas from time to time as a reference base. The Wall Street, Prime Rate may vary frog., day-to-day. without nctice, and. any interest rate charged any loan customer utilizing the Wall Stva Pei: me Pa.- as a reference shalll charge simultaneously with and automatically. The i east eau a.Vlicable to this Obligation sh ''I be calculated based upon the achW days over a 360-day year. If the index becomes unavailable during the term of the Note, then Bank may designrzze a sebmt t index after notice. 1; J. The words "Obligee" and "Maker", whenever occurring herein, sha::l be deemed and consw ed to include the respective suzeessors and assigns of Obligee and Maker. This instrument shall be aonstrved according to and governed bf the laws of the Commonwealth of ?ennsylvanias 12. iris is a contract under seal and may be enforced under 42 Pa.C.S. §5529(B). EL OUL GROUP, LLC By: -: Navnitlal B. Zaver, Operatung Ara-W r ? LAW OFFICES GEBHARDT & SMITH LLP SUITE 2200 ONE SOUTH STREET BALTIMORE, MARYLAND 21202-3281 TELEPHONE: 14101 752-5830 FACSIMILE: (410) 385-5119 WRITER'S DIRECT DIAL NUMBER: (410) 385-5072 WRITER'S E-MAIL ADDRESS: MNORDtfaebsmith.com MICHAEL D. NORD January 17, 2011 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED AND VIA FIRST CLASS MAIL HI Hotel Group, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 WILMINGTON OFFICE: SUITE 451 901 MARKET STREET WILMINGTON, DELAWARE 19801 TELEPHONE: (3021 656-9002 FACSIMILE: (302) 429-5953 Ashish Rana and Rachna Patel 5 Morris Drive Glen Mills, Pennsylvania 19342 EL2 Hotel Group, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 EL Hotel Group, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 Guarantors Navnitlal B. Zaver and Kailashben Zaver 1904 Christopher Place Harrisburg, Pennsylvania 17110 Mr. Navnitlal B. Zaver 1904 Christopher Place Harrisburg, Pennsylvania 17110 Hemal M. Patel and Vandana Patel 9 Nystrom Trail Natawan, New Jersey 07747 Ketan Patel and Binakumari Patel 601 Royal Tower Way Cary, North Carolina 27513 Mehul V. Patel and Anjana Patel 3208 Manchester Drive Durham, North Carolina 27707 Shailesh J. Patel and Bhavnaben Patel 22 Arverne Court Timonium, Maryland 21093 EXHIBIT B GEBHARDT & SMITH LLP To the Parties Addressed January 17, 2011 Page 2 Re: HI Hotel Group, LLC -- $3,168,750.00 Loan ("Loan I") EL Hotel Group, LLC -- $1,331,250.00 Loan ("Loan 2") EL2 Hotel Group, LLC -- $1,500,000.00 Loan ("Loan 3") Our File No.: 29443 To the Parties Addressed: Please be advised that I represent Susquehanna Bank, successor-in-interest to Susquehanna Bank, PA ("Bank") in connection with Loan 1, Loan 2, Loan 3 (collectively the "Loans") to HI Hotel Group, LLC, El Hotel Group, LLC and E12 Hotel Group, LLC (collectively the "Borrowers") and the various loan documents evidencing, securing, guarantying or otherwise documenting the same (collectively, the "Loan Documents"). I understand that you previously received notices from Craig V. Russell of Russell, Krafft & Gruber. Please note that our firm will be representing the Bank in connection with the Loan Documents from this date forward. My review of the Loan Documents for this matter indicates that the Loans are: (1) absolutely and unconditionally guaranteed by the guarantors set forth above (collectively the "Guarantors") pursuant to a written guaranties of payment; and (2) secured by, among other things, certain real properties owned by the Borrowers (collectively the "Properties"). According to the Bank's records, the Borrowers are presently in default under the Loan Documents for, among other things, failing to make the payments called for there under when and as due. Specifically, the Borrowers have failed to make the payments for December 2010 and January 2011 in the total amount of $47,974.38 ("Past Due Amount"). By way of this letter, the Bank demands that the Borrowers and the Guarantors ("Obligors") tender payment to the Bank of the Past Due Amount, on or before January 28, 2011. Said payment should be in the form of a certified check made payable to Susquehanna Bank and sent to: C. Joseph Fleury, V, Assistant Vice President, 307 International Circle, Hunt Valley, Maryland 21030-1376. Upon receipt of this letter, if you have any questions, please contact Mr. Fleury at 410-316-0241. If the Bank does not receive payment of the Past Due Amount, in immediately available funds, .on or before January 28, 2011, the Bank, immediately thereafter, may proceed with enforcement of its various rights, remedies and recourse under the Loan Documents, applicable law and otherwise against the Obligors, their assets and the Properties without further notice or demand. Nothing contained in this letter, nor any action or inaction on the part of the Bank, shall constitute an election of remedies or an agreement to forbear on the part of the Bank, nor shall anything contained herein or any action or inaction on the part of the Bank constitute a waiver of any defaults existing under the Loan Documents or a waiver of any of the Bank's rights, remedies or recourse under the Loan Documents, applicable law or otherwise. Furthermore, the acceptance of payments by the Bank under or in connection with the Loans, whether before or after the date of this letter, shall not constitute an election of remedies or an agreement to forbear on the part of Bank, nor shall the Bank's acceptance of such payments constitute a waiver of any of the Bank's rights, GEBHARDT & SMITH LLP To the Parties Addressed January 17, 2011 Page 3 remedies or recourse under the Loan Documents, applicable law or otherwise. The Bank, by way of this letter, specifically reserves all of its rights, remedies and recourse under the Loan Documents, applicable law or otherwise. Very truly yours, r/ A Michael D. Nord cc: C. Joseph Fleury, V, Assistant Vice President LAW OFFICES GEBHARDT & SMITH LLP SUITE 2200 ONE SOUTH STREET BALTIMORE, MARYLAND 21202-3281 TELEPHONE: (410) 752-5830 FACSIMILE: (410) 385-5119 WRITER'S DIRECT DIAL NUMBER: WILMINGTON OFFICE: SUITE 451 9 MARKET STREET (410) 385-5072 WILMINGTON. DELAWARE 19801 TELEPHONE: (3021 656-9002 WRITER'S E-MAIL ADDRESS: FACSIMILE: 1302) 429-5953 MNORDOoebsmith.com MICHAEL D. NORD February 14, 2011 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED AND VIA FIRST CLASS MAIL Hl Hotel Group, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 Ashish Rana and Rachna Patel 5 Morris Drive Glen Mills, Pennsylvania 19342 EL2 Hotel Group, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 EL Hotel Group, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 Guarantors Navnitlal B. Zaver and Kailashben Zaver 1904 Christopher Place Harrisburg, Pennsylvania 17110 Mr. Navnitlal B. Zaver 1904 Christopher Place Harrisburg, Pennsylvania 17110 Hemal M. Patel and Vandana Patel 9 Nystrom Trail Natawan, New Jersey 07747 Ketan Patel and Binakumari Patel 6,01 Royal Tower Way Cary, North Carolina 27513 Mehul V, Patel and Anjana Patel 3208 Manchester Drive Durham, North' Carolina 27707 Shailesh J. Patel and Bhavnaben Patel 22 Arverne Court Timonium, Maryland 21093 W-- GEBHARDT & SMITH LLP To the Parties Addressed February 14, 2011 Page 2 Re: HI Hotel Group, LLC -- $3,168,750.00 Loan ("Loan 1 ") EL Hotel Group, LLC $1,331,250.00 Loan ("Loan 2") EL2 Hotel Group, LLC -- $1,500,000.00 Loan ("Loan 3") Our File No.: 29443 To the Parties Addressed: As you know, I represent Susquehanna Bank, successor-in-interest to Susquehanna Bank, PA ("Bank") in connection with Loan 1, Loan 2, Loan 3 (collectively the "Loans") to HI Hotel Group, LLC, El Hotel Group, LLC and E12 Hotel Group, LLC (collectively the "Borrowers") and the various loan documents evidencing, securing, guarantying or otherwise documenting the same (collectively, the "Loan Documents"). You previously received notices from Craig V. Russell of Russell, Krafft & Gruber and subsequently from our firm confirming that our firm was representing the Bank in connection with the Loan Documents. My review of the Loan Documents for this matter indicates that the Loans are: (1) absolutely and unconditionally guaranteed in certain amounts by the guarantors set forth above (collectively the "Guarantors") pursuant to a written guaranties of payment; and (2) secured by, among other things, certain real properties owned by the Borrowers (collectively the "Properties"). On January 17, 2011, 1 notified the Borrowers and the Guarantors (collectively the "Obligors") that they were in default under the Loan Documents for, among other things, failing to make the payments called for there under when and as due. The Bank advised the Obligors that they had 10 days to cure the default by paying the Bank the past due payments. The Obligors failed to cure the default. In addition, on January 31, 2011, the Bank met with the Obligors to discuss the repayment of the obligations owed under the Loan Documents. Subsequent thereto, on February 1, 2011, the Bank provided the Obligors with a term sheet setting forth terms and conditions upon which the Bank was willing to seek approval in connection with the repayment of the obligations. On February 10, 2011, counsel for the Obligors delivered a counter proposal to the Bank. Please be advised that the Bank has reviewed the Obligors counter proposal and it is unacceptable to the Bank. Consequently, this is to advise the Obligors that as a result of the failure to make the payments as required under the Loan Documents, the Bank, in accordance with the terms and conditions thereof, has declared a default, accelerated and demands immediate payment of the indebtedness owed there under. As of February 11, 2011, the outstanding principal, interest and late charge balances due and owing under the Loan Documents is more particularly set forth on Schedule 1, attached hereto. In addition, since the Loan Documents have been referred to an attorney for collection, the Obligors are also liable for all attorneys' fees, costs and expenses incurred by the Lender in connection with the collection of this matter. The per diems set forth on Schedule 1 are not at the default rates of interest. The Lender reserves the right to institute the default rates of interest owed under the Loan Documents at any time without further notice to the Obligors. GEBHARDT & SMITH LLP To the Parties Addressed February 14, 2011 Page 3 By way of this letter, the Bank demands that the Obligors immediately tender payment to the Bank of all indebtedness owed under the Loan Documents in immediately available funds. Said payment should be in the form of a certified check made payable to Susquehanna Bank and sent to: C. Joseph Fleury V, Assistant Vice President, 307 International Circle, Hunt Valley, Maryland 21030-1376. If the Bank does. not receive immediate payment of all indebtedness owed under the Loan Documents in immediately available funds, the Bank, immediately thereafter, may proceed with enforcement of its various rights, remedies and recourse under the Loan Documents, applicable law and otherwise against the Obligors, their assets and the Properties without further notice or demand. Nothing contained in this letter, nor any action or inaction on the part of the Bank, shall constitute an election of remedies or an agreement to forbear on the part of the Bank, nor shall anything contained herein or any action or inaction on the part of the Bank constitute a waiver of any defaults existing under the Loan Documents or of the accelerated status of the Loans or of a waiver of any of the Bank's rights, remedies or recourse under the Loan Documents, applicable law or otherwise. Furthermore, the acceptance of payments by the Bank under or in connection with the Loans, whether before or after the date of this letter, shall not constitute an election of remedies or an agreement to forbear on the part of Bank, nor shall the Bank's acceptance of such payments constitute a waiver of any of the Bank's rights, remedies or recourse under the Loan Documents, applicable law or otherwise or a waiver of the accelerated status of the Loans. The Bank, by way of this letter, specifically reserves all of its rights, remedies and recourse under the Loan Documents, applicable law or otherwise. Very truly yours, ( ? 9 /,-) Michael D. Nord cc: C. Joseph Fleury, V, Assistant Vice President Albert A. Ciardi III, Esq. W - GEBHARDT & SMITH LLP To the Parties Addressed February 14, 2011 Page 4 SCHEDULE 1 LOAN 1 Principal $2,986,498.23 Interest $ 50,202.21 (per diem $551.67) Late Charges $ 2,408.98 Total $3,039,109.42 LOAN 2 Principal $1,217,392.90 Interest $ 20,464,04 (per diem $224.88) Late Charges $ 1,140.34 Total: $1,238,997.28 LOAN 3 Principal $1,451,015.51 Interest $ 24,411.80 (per diem $268.03) Late Charges $ 1,518.09 Total $1,476,945.40 v%- - gARALS. indicated: 1 _ D M T7ONS - As used herein the following terms shall have .lee. meanings (a) "Undersigned" means NAVI MAL B. ZAVER send KAIpLAS EN WIL (b) "Obligee" means SUSQUEHANNA BANK PA, a Pe nzs'ylvania financial inw tution, with offices at 1060 Main Street, Blue BaU, PA M06. (c) "Prizncipal Debtors" means M HOTEL GROUP, LLO.. EL Hv L GROUP, Z.1. C, and 1JL2 HOT EEL GROUP, LL£,1904 Christopher ?I ace, Harrisb.ug, PA 17110 (also sometimes collectively referred to as Principal D?:btor?. (d) "Principal Debtors' Liabilities to Obligee" mean ; ail i, debtedness of ?rincipal Debtors to Obligee, evidenced by certain promissory notes, a cm-ttain Loan Agreement, and o&x loan doe unentaLon dated August 12, 2008, in the ag,=regate irncipu sum of Six Million and 00/100 Dollars ($6,000,000.40) Dellnn, together with interest and :.csts as therein provided 2. COMMUM GUARANTY - The Undersigned heresy to ac-ndi tonally guarantees to the Obligee the due performance, including, but not being limitcd to, the prompt payment when due, of the Principal Debtors' Liabilities to Obligee. This Agreorn . shall be a Guam, and Suret,4 Agreement, and the liability of the Undersigned heraw din shall be unconditional. T!Lis Ou -sty is a continuing one and shall be effective and bin•dkg on the ;,ender-:geed until all vzas due Obligee under the provisions of the Principal Debtors' Liabilities to Obligee are paid in PA 3. 1rSU1: 'jQF LABUJ:[Y - The amount of the Undersigned's liizbRity he eun&--r shall be limited to the principal sum of One Million Dour Hundred 'Dao?asand and 00/100 ($1,400,000.06) Dollars, together with interest and costs as therein pruv in the Principal Debtors' l iabil:ties to Obliges. The Undersigned agrees that the az; unk of the Principal Debtors' Lit0iil;ries to Obligee may from time to time exceed the said Pink of the Undersigned's iiab liy hereunder without in any way affecting the liability of th-. Urdersigned hereunder, and the Obligee may apply any payment with resp ut to Principal Deb ke. s' Liabilities to Obligee to or on account of such of Principal Debtors' Liabilities to Obi• eec and in such order as the Obligee mey tact. 4. jyCO=ONAL L IABILI'a -The liability of the Undt-q; g ad hereunder is absolute and unconditional and shall not be affected in any way by reason of ;'&) any failure to retain or pres ve, or The Ieck of prior enforcement, of any rights against any pe:s u (;including the Principal Debtors and any of the Undersigned) or in any propery, (b) &.e i.^-mlii'ity of ary such rights which r nay be attempted to be obtained, (c) any delay in enforcLog or ferrule to EXHIBIT IC enforce any sac In rrigx's even if such rights are thereby lost, or (d) any delay in Tri-Ring demand x the Undersigned fof• performance or payment of the Undersigned's obligations h reuander. Undersigned hereby consents and agrees that Obligee may at any time and fz iii time to time in its dismetiou, all -A thout notice to or further consent of the Undersigned exce p 94 expressly herein provided, (i) modify; supplement, waive, or replace the terms of the Pr;nci pu l Debtors' Liabilities to C3biigeey (ii) extend, waive, or change any payment due date, (iii; ?vast'er, subordini te, settle, compromise, or release any claim against Principal De -ims or any other Principal Debtor., (iii) exchange, release, sell, or compromise any collateral ex€:rd4 any of the obligations guava tzed hereunder. Undersigned further agrees that its obligations hereunder shall be absolute, unconditional, and irrevocable; irrespective of any circamsta.mm, act, Haim or, defense "which might otherwise constitute a defense available to or a discharge of Pr nci* Debtors, Undersigned, or any other obligor. 5. M:At Rs, - The Undersigned hereby waives all notic s of air; character whatsoever with resge t to phis Guaranty and the Principal Debtors' Liabilities to }obligee; except as expressly herein: r ^vided, including, but not being limited to, notice: ad-N-he acceptance hereof and reliance hereon; of the present existence or future incurring of any of tht: P;i n-dipal Debtors' Liabilities to Obligee- of the amount, titzms, and conditions thereof. of any a:tiM taken by Obli gee or Principd Debtors under the Principal Debtors' Obligations -to (I ; .1, 15g=, or. any of them; of demand for payment and notice of dishonor or nonpayment under the 1'r m#al Debtors' Obligadons to Obiigx, or any of them; and of default, acceleration, and any enibmement action taken or which may be tak-tri by Obligee under the Principal Debtors' Obliaatioas '.o Obligee, or any of there. The Undersigned hereby consents to the taking of or failure to txl:e, from time to time without notice to the Undersigned, any action of any nature whatsoever with respect to tho kcipal Debtors' Liabilities to Obligee and with respect to any rights agaLSnst eny person or persons (including the Principal Debtors and any of the undersigned) or in u tic' . pc ty. including, but not being limited to, any renewals, extensions, modifications, Knponements, compromises, indulgences, wahvn, surrenders, exchanges, and releases, and to Undersigned will remain fully liable hereon notwithstanding any of the foregoing; provided, however, that the granting of a relcuse of the liability hereunder of less than all of the Undereig shall be effective with respect to tLv liability hereunder of the one or more who arc sp-, 61cafly so released but shall in no way affect the liability hereunder of any not so released. `17he death or incapacity of any of tae Undersigned shall in no way effect the liability her: wider of any other of the Undersigned. The Undersigned hereby waives the bencfu: of all laws now r:r _herea@er in effect in any way l miflng or restricting the liability of the Undersigned hereuune ter, including without limitatio n, (a) all defenses whatsoever to the Undersigned's Liability haruunder except the defense of payments made on account of the Principal Debtors' Liabilities to Obligee and the Undersigned's liability hereunder, including, but not limited to, any defense which axists or which may exist as a result of any waiver by Obligee at any time of its rights dander he Principal Debtors' " iabilides to Obligee or any delay or omission of enforcement of any such rights, (b) all right to stay ofaxraution and exemption of property in any action to enforce the liability of the Undersigned hereunder, (c) any requirement that Obligoe protect, secure, px•f et, insure, or realize upon any security interest,. lien, or claim or exhaust any right or take d ,:y action against the Principal Debtors, =y collateral or security of Principal Debtors o_ any lflier c, b1 gor, guarantor, or surety before Mc cmftg against the Undersigned, (d) any and all surxtyskup or indorser defenses which might otherwise be available, including, but not limited to, re'ea.e er discharge of principal Debtors by MUM modification of the obligation of Principal Deb", s ro Obligee, extension of time frr performance to Principal Debtors, impairment of eollcteral, impairment of any right of recowse or subrogation, failure by Obligee to comply with any apglliceble law, or ,-lure by obligee to disciow to the Undersigned any facts or circuo %stances no-, other vise known by the Undersigned, the Unders:gned'a We, defense hereunder to be the defenss^ of payment or Un m Wed the obligations hereunder or peafonnanoe by rincipal Debtors of perforaaazce by Principal Debtors' obligatems to Obligee under the terms of the Principal D Imors' Liabilities to Obligee. The Under pcd expressly waives any right to discharge of the Undcr3igr id's obligations to Obligee wN.41 might otherwise result fiorn an action by 051 gee l : kh might adversely affect W. i;ndzrr?igned's right to compel performance by Principal Debt-un under the terms of the Principal Debtors' Liabilities to Obligee, including, but. not linnA to, any right under 13 Pa.C.S.A. 13605. In addition, all waivers of Principal Debtors corva+.ned in Principa! Debtors' Liabiaties to Obligee arc incorporated herein and are made a part h=c f? 6..FAIN-11'T OF COSTS - In addition to al other liabillity of ti,-a r ndersiigned homer and uotw'tIstanding the limit, if any set forth in paragrap+r 3 hereof., the Undersigned ??'reaso-nable al also agrees to pay to tl<c- obligee on demand all costs and in s t es (Includinp attorney's fees.and legal expenses) whichmay be inewred Debtors' Liabilities to Obligee or the liability of the Undersigned hereunder. 7. ACM A IQ OF I ` ILITIF«S - If any of the Prir--?-pat 1:"ebtors' Liabilities to Obligoe is not duly performed, including the prompt payment "Oh-Ca a.tte of any amount payable the-.,eon, all Principal Debtors' aabilides to Obligee shtril at :he Obligee's option bo deemed to be forthwith due and payable for the purposes of this Cruaranty arid. 'r-be liability of the Undersigned hr,.re-anae:. 8. tQTI(M TO URzDmiGN'ED - Subject to the limitation bwehuaffer set forth, upon the occurremG. of awl Curable Default (as hereinafter defined) under th a previsions of Principal DebtorsI (.`.abilities to Obligee, Obligee shall provide the Undcrsigml wrfih written notice thovo? scat 11F' cernfted nail with return receipt requested, the date of s mh notice to be domed the dale on whien such notice is deposited w1fa the United States Postal Service by, Obligee, and the L'n<.lersigned shall have a period of ten (10) days from the date ;?f such notice (true Cure period) to cure such Curable Default. In the event that such Curable D:fitult is not curW wialin tha Curti; Period, Obligee shall be free to proceed with all available rt.medies against Principal Debtors and/or the Undersigned. The time of the Cure Period s;'" bs of the essence of this Agreement. No notice shall be required from Obligee to the Undersigned foe any default under the provisions of Principal Debtors' Liabilities to Obligoe if such def=?t _s not a Curable Default. An event of default wander the provisions of tiro Principal Debtors' ? irbbilities to Obligee shall be deemed a Curable Default unless: (a) Obligee determines that the delay in exercising its. rights resulting from.the giving of notice to the Undersigned as provided herein will ?nraily adversely affect Obhgee's interest in any collateral; (b) 'T'he default is the result of the Ming of any action involving Principal Debars or the. Undersigned as a debtor under the Bankruptcy Cade {11 U.S.C § 10i et seq.), whether such proceeding is voluntary or involuntary; or ;c) Obligee determines that the default is a non-trio -•:t :-# default which canno¢ be awed within the Cure Period 9. ? MSIONN OF RJ>Off ('T - IN THE EVENT OF ANY PrI aAULT BY 7I E UNDERSIGNED UNDER T TERms unzoF, THE UNDERSIGNED RMSY I.RR€VOCALBLY ,4U OMM S AND EMPOWERS ANY ATTOMEY OF ANY COURT OF RECORD TO S=PEAR FOR AND CO:JFESS J-4JDGMEM'T TREREIN AGAINST T£E UNDYMIGN'ED, OR ANV OF THM FOR T RZ AmouNT FOR ..aTRE UNDERSIGNED 3MAY HE OR 83COME IdABI:E ro LF3,LFGEE UNDER THIS GUAR, mn, As OF POKY '!'EM. AND AT ANY TM, WHZTIMR OR NOT AN EV ViT OF DEFAIM F,XIS. S t:NDERTat `rE;itma aFl?'RINCII'AL DwroRs'LIAIinjTtw TO OBUGFZ, A.S E'VP &NCED uy AN AFFIDAV'ITSMNEO BY AiN O,-v MZR OF 1XZ.OBUGFE SETTfNC &-ORTH `TfRI.4, w4UNT rHzN DUE, PLUS 5%-11REOV? BUT NO tZSS THM S150A, AS AN ATTORNEY'S C0!,M ISSI0N, VaTF1 COSTS OF SUIT, RELEASE OF ERRO131M AND WI'rl ur WGKF or APPEAL. IF A 17ory HzxzoF, VERIFi.€D BY 1_,4 "MDAWT, SNALL RAVE BEEN FILED IN SAID PROCEF.M C<, rr 0A.LL NOT BE 1NECESSAR 1 TO YFLE T IIF. OFJOINAL AS A WA,RRA NT OF ATTORNEY. TrfE UNDF_wxGNED wAivEs THZ RIGHT TO ANY S` I' V OF EXECUTION AND THE DENF.FIT Or ALL EXEIVIPTIC'?N L zVS NOW OR MREAFTER nV Z MM_ No si:YGI.I EXERCISE OF THE FOREGomG wmiRAx T A o TOWER TO COiVnss juDGMEXT qtr BE DES NTM TO EXHAUST THE MW%1 ,'*YB.ET HER O R O T ANY SUCH EXERCISE SHALL BE HELDWY ANY COURT TO SE INVALID, VOEDABIZI OR VOM,'DE: TIi POWER suALL CONTINUE LN& WA +ISMO AND MAY BE EURCISED FROM TIME TO TIM AS 01TIEN AS THE 081,1GES bJW ., EIMC VIVM ALL SUMS PAYABLE OR THAT KAY BEGI ALT, P.kYABLE BY THE TNDERSIGNEDH.4VE BEEN P-40IN FUIJ- 10. NO S BROGAnM - Undersigned absolutely waives any and all right of subrogation to the rights of Obligor upon partial payment or performance and+:-r uhr provisions of this Agreemcm an_ Undersigned shall have no right to, nor shall Undersigned demand, assignment of any of ObWs rights against Principal Debtors in the event of payment or performance by Undersigns- d under the provisions hereof, until such time as al' of Principal Debtors' Obligations to obligeo are paid and/or performed in full. 11. OTMI.t GUARANTIES - A subsequent guaranty by the ;.2Mersigned or any other guarantor of the Prncipal Debtors' Liabiredes to Obligee shall not be domed to be is lieu of or to supersede or tcrminate this Ouarazrty, but shall be consauod as an additional or supplementary guaranty unless otherwise expressly provided therein, and in *.c euicttt the Undersigned or any other $ua u*Wr has given to the Oblige a pre«ous 'gurnzy or guaranties. this Guaranty shall be construed to be an additional or supplemantaty guar=w. a-:d Wert to be in lieu thereof or to Wmainate such previous. guaranty or guaranties unless exm-- sly so provided herein. 2. Ni1SUJJe_1NFOUS - if the Undersigned consists of more 1h.?sn one person, swch persons shall ire jointly and severally liable hereunder, IIN3 Guaranty sreL inure to the beeefit of the Obligee, its successors, assigns, endorsees, and any person or persons, i.na'akft any banking inszitudoc,, or institutions, to whom the Obligee may grant any intem , in ;he Principal Debtors' Liabilitics to. Obligee or any of than, and shell be binding Yap cri the Undersigned and the Undersignod's executors, administrators, sue rs, ass_gns; and otrer legal rep*esentativcs. the undersigned intends the to be a scaled instrument and to 5e !eg3lly bound hereby. All issuc s ari3irg hatunder shall, be governed by the law of Pennsylvaa'l , and the performanoe of all ects hereunder si'all be downed to occur in Pennsylvania. 13. _ C.Uj?'NT UNDER SEAT, -This is a contract under seal nd maybe enforced under 42 P&C.S. §5529(B) IN WMESS MU OF, the undersigned have executed this Agrec-mer t Ys 12th day of August, 2408, far - aluasle consideration and intending to be legally bound'haree-b . (SEAL) Ply:'` ZAVKR. il"? AA53EN ZAP. U AND SLR-El Y A -NI 1;'TOT1S - As used herein the following terms shal€ gave the- meanings i. FIN indicated: (a) "Undersigned" means MZHUL V. PATE AND AN..r:4,NA PATEL. (b) "Obligee" means SUSQUEHANNA BANK PA, s FeMWIvania futancie in=ri ution. with offices at 1060 Main Street, Blue Ball, PA 17506, (c) "Principal Debtor" means HOTEL GROUP, LLC, EL HOVEL CROUP, LLC, and = HOTEL GROUP, LLC,1904 Cluistophar Place, Hmrrisburg. PA 17110 (also sometimes collectively zeiem-d to as Principal Debtor), (d) "Principal Debtors' Liabilities to Obligee" means ell indebtedness of Principal Det+tors to Obligee, evidenced by certain uromissory notes, a .=min Loan ggreeme-ti?, and other loan ducumcntauon dated 4ugust 12, 2009, in t aggregate principal' stets of Six Million and 00!100 Dollars ($6,000,000.00) Dollars, together with interest end costs as therein provided. 2, GUARANTY - The Undersigned hereby u w- ndetw.-rally guarantees to the Obligee the due perfon mane, including, but not being Urn1W to, the prompt payment when dve.F 3:'the Principal Debtors' Liabilities to Oblivee. This Agrae=1t snail be a (?vara ty and Suretyship Ag-wment, and the liability of the Undersigned hcnmimdier shall be unconditional. -Mls Gumardy is a continuing one and shall be effective and binding on the Undersigned until all suers due Obligee under the provisions of the Principal Debtors' Liabilities to Obligee are pai•.3 is full. 3. TNT OF f.IABu ay -'xhe arnowe, of the UndersignceTs liability hereunder shall be hraited to the principal sun': of Seven Hundred Fifty n, o -4ind to d 001 100 ($750,000.00) Do1lan, toge&,er with interest and costs as therein provided in the Mncipal Debtors' Liabilities to Obligee. The Undersigned agrees that the amoant of shs Principal Debtors' LiabiliCes to Obligee may from time to time exceed the said limit of the Undersigned's liability hmvuacl"- vvtthot t in any way affecting the liability of the Undersig d hereunder, and the Obligee may erA)ly my payment with respect to Priwipal Debtors' Liabilities to Obligee to or on account of suu?a of Principal Debione Liabilities to Obhgoc and in such osier as the Obligee may elect. 4,. S jrNC0NijnWAL LIABILITY - The liability of the Undoes hew-tinder is absolute and unconditional and shall not be affocted in any way by mason of (1) any failure to retain or preserve, or the lack of prior enforcement of, any rights against ar'y Pm-,.n (including the principal Debtor and nay of the Undersigned) or in any property, (b) the ravelidity of any such rights wlaich may be attempted to be obtained, (e) any delay in enforcing or failure to en'orce any such rights even if such rights are thereby lost, or (d) any relay in mai ing demand on EXHIBIT D the Undersigned for peribrmium or payment of ft Undersigned's obligators heree-ander. Undersigned hereby consents and agrees that Obligee may at any time and fhoim c to time in its discretion, all without notice to or further consent of the Undersigned excqii as axpressly, heroin provided, (i) r=todify, supplement, waive, or replace the terns of the Principal Debtors' . Liabilities to Obligati, (ii) extend, waive, or change any payment due date, (ii) waiver, subordinate, settle, cor ,roznise, or release any claim against Principal Debtor ix 2ny other Principal Debtor, (iii) exchange, release, sell. or compromise any collateral sectng any of the obligations guamqu,,d herotmder. Undersigned ftirdw agrees that its obingations ha-munder shall be absolutz, unconditional, and irrevocable, irresimfive of any circumstance. ,iet. claim or defense which mi& otbetwise constitute a defense available to or a dischwTme of 3rincipal .Debtor, Undersigned, or a y other obligor. 5. W gt -'Me Undersigned hereby waives all notices ot'tny, character whatsoever vr.'th teVect to this Guaranty and the Principal Debtors' Lia AII-I ics to Obligee, except as expressly herein Irovided, including, b1A not being limited to, notice: of thr: a ;ceptance hereof and reliance heroon of the present existence or fatter incurring of any of the Yrir lm? Debtors' Liabilities to Obligee: of the amount, terms, and conditions thereof, of any anions taken by Obligee or Principal Debtor under the Principal Debtors' Obligations to Oblig-.:e, or any of therr.; of demand for payment and noticx of dishonor or nonpayment :rider the Principal Debtors' Obligations to Obligee, or any of them; and of default, acceleration, and any enforcement ac?toa taken or which may be talon by Obligoe under dw Principal Debtors' Obligations :o Obligee, or any of them. 'he Undersigned hereby consents to the taking of, or failure to tttke, from time to time without notice to the Undersigned, any action of any nature whatsoever M ith respect to the Principal Debtors' Liabilities to Obligee and with respect to any rights a&ast any 1xMsor, or persons (includv:g the Principal Debtor and any of he Undersigned) or in any -ir tarty, ineuding, but not being limited to, any renewals; extensions, modiacatimm postponements, compromLws, indulgences, waivers, sunvndom, exchanges, and releases, wk4 the Undersigned wdl remain filly libble horeon notwithstanding any of the foregoing; providW, however, that the granting of a_ relea a of the liability hereunder of less than all of the Un&,rseg. ited shall be effective with respect to the liability hereunder of the one or more who are specifically so reieased butt shal::n no way affect the liability horetmder of any not so releases:. The death or incapacity of any of the Undersigned shall in no way affect the liability hereumli r of any other of the Undersigned. IN-e Undersigned hereby waives the benoftt of all laves now or hereafter in effect in anyvkay.li€niting or restricting the liability of the Undersigned here miler, including without limitation, (a) all defenses weer to the Undersigned's liability herrmder except the defense of paymerts mda on account of the Drincipal Debtors' Liabilities !o Obligee and the Undersigned's liability hereunder, including, but not limited to, a`ry defense W iich exists or which may exist as a result of any waiver by Obligee at any time of its rights unclar the Principal Debtors' Liabilities to Obligee or any delay or omission of enforcement of any seen rights, (b) all right to stay of _secutlon and exemption of property in any action to enforce ht liability of the Undersigned hersuw5ar, (e) any requirement that Obligee protect, secure, jw ect, insure, or realize upon any security interest, lien, or claim or exhaust any right or take any action against the Principal Debtor, any collateral or security of Principal Debtor or any other obligor, guarantor, or surety before proceeding against the Undersigned, (d) any and all suretysh! or endorser defenses which might otlla-nkse be available, including, but not limited to, releases or d:,scharge of Principal Debtor by Obligee, modification of the obligation off Principal Debtor w Obligor, extension of time fir performance to Principal Debtor, impairment of collates:, mas==t of any right of recourse or subrogation, failure by Obligee to comply with any applicable law, or failure by Obligee to disclose to the Undersigned any facts or ch-cumstances not otherwise known by the Undersigned, the Undersigned's sole defense hereunder to be the defcnw of payment or performance by Undersigned of the obligations hereunder or performance by P:i^ ti pal'Debtor of Principal Debtors' obligations to Obligee under the terms of the Principal Debtor -s' Liabilities to Obligee. The Undtmigaed expressly waives any right to discharge of the Undersigned's ubligwonss to Obligee which might otherwise result from an action by Obligee which might adversely affect the Undersigned's right to compel perfomrance by Principal Dacron under the terms of the Principal Debtors' Liabilities to Obligee, including, but not limi :ad to, uny right under 13 Pa.C.S.A.. §3605. In addition, all waivers of Principal Debtor con.wk&j in Principal Debtors' Liabilities W Obligee are incorporated herein and are made a part heroof; 6. l?i<?j'I14?NT OF COSTS - In addition to all other liability cif Iffia: Undersigned hereunder and notwithstanding the limit, if any set forth in paragraph 3 hereof; the Undersigned also agrees to pa} to the Obligee on demand all costs and expenses (incl hag -emonable attorney's fees and legal expenses) which may be incurred in the enforcemew, of .Its Principal Debtors' Liabilities -to Obligee or the liability of the Undersig7od hereunder. 7. ;,C • ATION OF LIABILMS - If any of the IYawlipta TRbtors' Liabilities to Obligee is not duly performed, including the prompt payment when due of any amount payable trerraon, all Principal Debtors' Liabilities to Obligee shall at tho Obligee's option be deemed to be forthwith due and payable for the purposes of this Guarat ty and the I isbiliry of bite Undersigned hti ounder. 8. NOME TO UNDERSIGNED Subject to the limitation hmeinafte€ set forth, upon the oc urn= of any Curable Default (as hereinafter defined) under the provisions of Principal Debtors' Liabilities to Obligee. Obligee shall provide the Undersign with written notice t1w-roof, sera b; certified mail with return receipt requested, the date cf ,stash notice to ay d ,med. the date on which such notitx is deposited with the United States Punta: Sen°ice by Obligee, and the Undersigned shall have a period of ten (10) days from the d%c of such notice (the cure Period) to, cur such Curable Default. In the event that such Curable Default is not cured within the Curti Period, Obligee shall be free to proceed with all avatiuble remedies against Principal Debtor andlor the Undersigned. The time of the Cure Period shall be of the essence of this Agreement. Inc notice shall be required from Obligee to the Und,-rsig sod[ for any default under the provisions of Principal Debtors' Liabilities to Obligee i-f such default is not a C•.rrable Default. An event of default under the provisions of the Principal Debtors' Liabilities to Obligee shall be deemed a Ctrable Default unless: (a; Obligee determines that the delay in exercisirg ins lights resulting from the S3%-jng.cf notice to the Undersigned as provided herein will mat:;-rially adh-ersely affect Obligees interest in any collateral, (b? The default is the; result of the filing of any action Involvirg Principal Dee- o= the Undersigned as a debtor under the Baukrnptc . yor"M (1 l U.S.C. § 10: et serf.), whe`aw such proceeding is voluntary car involuntary; or, (c) Obligee determines that the &%ult is a non-morcxr_Y dePautt which emnot be cured within the Cure Period 9. Oh'F S$1QA1 QF GI bN - IN TTiE 3vENT of A,-iy i?lLt.,.LuLT BY "ERSior uNDER.Trtt Tzns mREw, Tim UNDERsiGNED IEERBBY nutrvtwABLY Ai' e'MRIZES A." EWOWFERS ANY ATTORNEY OF ANY COUNT OF RECORD 1VJ Ai' „4 t FOR AND CONFESS, JUDGNW RMN AGAINST THE U`DERSMNED, OR ANY OF T&EM, TOa THE LMOUN T FOR WWICH THE i1NMRSIGNED MAY BE OR,.BECOMZ LIABLE TO OBLIGEE U14 WERT GUARANTY, AS OF AJNY TFRM AND AT ANY TOLE, WH878EA OR NOS' AN jE-V WE T Oir DEFAULT E7 ars ?Jr6n TEm.i E'Rus OF PRiNci?A.Li)itBToRs' LwiL!' ws -to 0aurrA m *S ZVIDLNCED BY AN AFFIDAVIT SYG\IiI) I3Y AN O$FICER OF THE OBLIGEE sET s ? F©R'm f RT.!' AMOUNT T FIEN DURA, PLUS 5% TR RFOF, 31 ,71 NO LM THAi,4 s2M0.€10, AS AN ATTonnYIS oxmmmoN, wrm COSTS CF SUIT, RELEASE OF ERRORS, AND WITHOUT RIGHT OF APPEAL, IF A 001-1 HEREOF, vF.RngZD BY AN a ITIDr$VI3, SMALL HAVE BEEN FUM VN S-AM PROCEEDING, MOMI. NOT BE 1VLCES im TO FnX. THE OIGGiNAL 4s A wA$ RmNT OF AwomieY. `nu. UNDERSIGNED WAIVES 1M RIGHT TO ANY S AY OF RXECUMN AND THE BENEF3'f' OF AI s., EXEMPTICYN LAWS NOW OR HERKAMR IN EFFECT. NO SINGLE EXERCLSE OF THE FORT A)MG WARRANT AND POWER 00 CONFESS JETOG.%M-T a-HALL BE DEIFIED TO:EXRAUST 77HE POWE14 WHE's'M OR NOT AYE' SUCH EXERCISE. SV$Li. BE NRLD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, SLIT IJIM POWER SHALL COMWIS UN-00rII USHER AND MAY BE EXERCISED FROM TEEMS TO vF049 AS OFM AS TE OBLIGEE SHALL =CT UNTIL ALL SUMS PAYABLE OR THAT MAY BECOME i'A`s'ABLZ BY THE UNDERSiGNSD HAVE BEEN PAID IN FULL. 10. NO SUBROGATION - Undersigned absdluteiy waives any end all riea of subro*oa to the right A of Obligec upon partial payment or perfortnanc a under iii provisions of this Agreement, and Undersigned shall have no -Ight to, nor shall Undersigns d,.-mand, assignment of any of Obl'igee's rights against Principal Debtor in the evens o { panial payment or performance by Undersigned under the provisions hereal, until such time a3 all of Principal Debtors' Obligations to Oblipe are paid and/or performed in full. 11. . . GUARANM, -A subsequent guaranty by tho I.'r.: ersigned or any other guarantor of the Prvicipal Debtors' I,ialAlities to Obligee shall not be d a-mod to be in lieu. of or to supersede or tw.rth le this Guaranty, but shall be construed as an ad z donal or supplementary guiranty unless otherwise expressly provided therein, and in the went the Undersigned o.- arty other guarantor has given to the Obligee a previous gua.,wity cT guaranties, this Guaranty shal l be constnued to be an additional or supplementary guaranty, w;d not to be in lieu thereof or to t. -.- inate such previous guaranty or guaranties unless expyr:3sly so provided herein. 1 Z. )ISCELI.AIVEOU - If the Undersigned consists of mo.-r. =hsn one person, such persons shalt: be jointly and stwerally. liable hereunder. This Guaranty shall inure to the benefit of the Oblige`. its successors, assigns, endorsees. and any person or ;arsons, including any banking instithtdon or institutions, to whom the Obligee may grant any ;.e-x mBt in the Principal Debtors, l iabi mes to Obligee or any of them, and shall be binding upon the Undersigned and the Under9ped's exectdors, administrators, successors, assigns, and other legal representatives. 'f`l c Undersigned intends this to be a sealed nstrumad an to bt legally bound .? vanis, arxi the hereby. All immq wising Iweunder shall bo govemod by the law of Penn.- performance of all wts hem:nder shall be deemed to occur it PermsyIvanie. 13. DOCU_h ?T UNDER SEAL -This is. a contt ant undo-r ,see? and may be a tforced under 42 Pa:C.S. §5529(13) IN WI7N' ,35 R%IS-RE.OF, the undersigned have executed this Ag=Ment :his 4 _ day of Augist, 2008, fb« valuable consideration and intending to be le6mUy bound b eby. T 3 MHUL V. PAT EL !i (SEAL) ANJANA PATIEL c mmt SCbIEDULE C Legal Description ALL THAT trXRTA)N. tract or parcel of land situate in Middlesex Townsh:p, Cumberland County, Commonwealth of Pennsylvania, being more pariicuisrly bounded and described as tsolows, to wit: BEGINNa-?G at it port on the southern dedicated'right-of-way line of U.S. Route I I (LR 34) at the Intersection with lands now or formerly of Eagle Develc± rczert Corporation; thence by same: Soutli 05 degrees 56 minutes 30 second, Wit, 207.17 feet.to a point; thence by sam:° South 79 dcgrees 42 minutes 30 seconds East. 219.00 feet to a point; thence along Wnds of Do-Ma Corporation South 05 degrees 56 minutes 30 seconds East, 417.83 feet =o a point; thence along the dividing line between Lvi tio. 1 and Lot No. 2 on the hereinafter nterAioned Subdivision Plan North 72 degrees 48 minuets 52 seconds West, 560.10 feet yo a point; thence along same the following courses and distmices: 1) by a curve to the Iciit w'ita a radius of 90 feet a distance of 15.71 feet to a. point; 2) North 66 degrees 41 m uws 12 seconds East, 94.92 feet to a point; 3) by a cu va to the left with a radius of 100.00 feet. a distance of 126.31 feet to a point; 4) North 05 degrees 41 minutes 01 second ` es, 278.29 fleet to a point on the southerly dedicared night-of-way line of *I"-519; thcsi. a by said right of.-way line by a c-a ve to the left w if-h a radius of 820 feet a distancc of 91.75 feet to a point; thence along same North 10 der-a ces 17 minutes 29 seconds East, 8.44 feet to a paint; thence along same by a curve to the tight with a radius of 10.00 feet, a. dig=ante of 15.71 feet to a point. thence along the southerly dedicated righit-of way line of'U.S. Route 11 South 79 degrees 42 minutes 31 i?xmonds last, 50.61 feet to a point, the Place of BEGINNING. COt'eITAL NING :.8742 acres. BEING described is Lot No. 2 on the Subdivision Plan of Eagle Dc•, a 1:3or-it Corporation, pm-pared by Robert G. Hartman, Jr. R.S. dated February ! , 1995 and recorded in Cumberland County Plan Book 47, Page 106. BEING THE 5.4:S19 premises which Glendale Lodging L.P. V, a Pe.Ins.0vania 11-nitod Partnership, by its deea dated the y day of August, 2008 and to be recordua simultaneously herewith, granted and conveyed unto EL Hotel Group, LL C, a Pennsylvania Lira ail..ed Liability Combany, MORTGAGOR herein. CONMION`9 7A .'? H OF P-E-NNS*IIVAN A SS: COUNTY OF..,". ) On. this 1,2 day of August, 2008, bd= me, a Notary Public, persorml!y atVmud Navnitial A. zaver, who ecsnowledgod hiruself to be the Operating Manager of EL 1-de Croup, LLC, a Limited Liability Company, and in that capacity, being authorized to do se r it uted the foregoing instrw±ert for the.purposes therein contained by signing the name of the Limited Liability Company by thimself as Operating Merger. IN WITS : ESS VFEMMOF, I have namato -Rd my hand and Ndmial --a]. ')Ir ,? 3Uils r t 9 t nn } x Notary Public a YJ 7h I H1 RISY CERTIFY tet the address of the Mortgagee is: t' Sum ahanna Bank PA P.0. Bcx 639 Iftt, ansville, MD 211767 Vinod Ranabar, Senior Vice Pr+esidera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 Case No.: - J 107 * Plaintiff, COMPLAINT FOR CONFESSION * OF JUDGMENT OF MONEY V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place ? ? - Harrisburg, Pennsylvania 17110 * or > f :"j `0-n And =o ©t=, KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * NON-MILITARY SERVICE AFFIDAVIT I, C. Joseph Fleury, V, declare under the penalties of perjury, that the following statements are true, accurate and correct to the best of my knowledge, information and belief: 1. I am an Assistant Vice President for Susquehanna Bank, successor-in-interest to Susquehanna Bank, PA. 2. El Hotel Group, LLC, 1904 Christopher Place, Harrisburg, Pennsylvania 17110, Navnitlal B. Zaver, 1904 Christopher Place, Harrisburg, Pennsylvania 17110, Kailashben Zaver, 1904 Christopher Place, Harrisburg, Pennsylvania 17110, Mehul V. Patel, 3208 Manchester Drive, Durham, North Carolina 27707 and Anjana Patel, 3208 Manchester Drive, Durham, North Carolina 27707 (the "Defendants") in the above-captioned action: (a) are not in the military service of the United States of America; (b) are not in the military service of any nation allied with the United States of America; (c) have not been ordered to report for induction under the Selective Training and Service Action of 1940, as amended; and (d) are not members of the enlisted reserve corps who have been ordered to report for military service. I base this assertion upon the fact that the Defendants do not live on or about a military installation and have recently been engaged in non-military service occupations. 3. The last known addresses of the Defendants are as set forth in Paragraph 2 herein. Date: February1.8 _, 2011 C. Fleury IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: * Plaintiff, * V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * * w Mrs - 1 j 7 a a ?- x .?> __ i * * * * * * * * * * * * * * NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON To: EL Hotel Group, LLC A judgment in the amount of $1,238,997.28, plus interest after February 1, 2011 has been entered against you and in favor of the Plaintiff, Susquehanna Bank 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 Court has issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The Real Property generally known as 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015 and as more particularly described in the legal description attached as Exhibit "A" and incorporated by reference herein is scheduled to be sold at Sheriff's Sale on June 1, 2011 at 10:00 a.m. at 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court Judgment against EL Hotel Group, LLC entered in the Court of Common Pleas for Cumberland County. You may have legal rights to defeat the judgment or to prevent or delay the sheriff s sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. 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 2 CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE OFFICES 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, Pennsylvania 17013 717-249-3166 Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for Susquehanna Bank 3 EXHIBIT "A" Property description UAMed C-e-agral Instance Compm cv*miftnent SCHEDULE C Legal Description ALL TIIAT CERTAIN tract or parcel of land situate in Middlesex TovMhdp, Cumberland Cove:cry,. Commonwealth of Pennsylvania, being more pactcuiarry bounded and described as f0ows, to wit: BEGHWi ;G at it port on the southern dedicated right-of-wey line N U.S. Route 1 I (LR 34) at the antcrsearon with lands now or formerly of Eagle Development Corporation; thence by same; South 05 degrees 56 minutes 30 secon&- East, 207.17 feet.to a paint; thence by samw South 79 degrees 42 minutes 30 seconds East. 219.00 feet to a point; thence along lands of Do-Ma Corporation South 05 degrees 56 minutes 30 seconds East, 417.83 feet !o a point; thence along the dividing line between Lox No. 1 and Lot No. 2 on the hereinafter merttioncd Subdivision Plan North 72 degrees 48 minutes 52 seconds West, 560.10 feet xo a point; thence along same the following courses and distances: 1) by a curve to the left with a radius of 90 feet a distance of 15.71 feet to a. point; 2) North 66 degrees 41 mutes 12 seconds East, 94.92 feet to a point; 3) by a curve to the left Nvith a radius of 100.00 feet, a distance of 126.31 feet to a point; 4) Nom 05 degrees 41 minutes 01 second West, 278.29 feet to a point on the southerly dedicated f ght-of-way line of-F-5 19; thence by said right-of-way line by a curve to the left v i l a radius of 820 feet a.distance of 9..75 feet to a point; thence along same North 10 degrees 17 minute 29 seconds East, 8.40 fret to a point; thence along seine by a curve to the tight with a radius o€10.00 feet, a. dam`=ce of 15.71 feet to a point; thence along the southerly dedicated ri&t-of-way line of U.S. Route 11 South 79 degrees 42 minutes 31 se-ands. Ea A 50.61 feet to a point, the Place of BEGINNING. CONTALNING .8742 acres. BEING doscribed asALOt No. 2 on the Subdivision Plan of Eagle Dcvc!,-,. t,.etnt Corporation, pm-pared b,v Robert G. Hartman, Jr. R.S. dated February I 1935 and recorded in Cumberland County Plan Book 47, Page 106. BEING THE SABIE n-emises which Glendale Lodging L.P. V, u Pera:sylvania Li'nited Partnership, by its deed dated the t `? "'- day of August, 2008 and to be recorded simultaneous]y tt rewith, gated anT-co-nveyed unto EL Hotel Group, LL C, a Pennsyhmnia Limited Liability Company, MORTGAGOR herein. CO VIiviONV: AL'I14 € F PENNSNZT ANIA SS: COUNTY OF k::S4ER On this 12" (lay of August, 2008, before me, a .Notary Public, pe rsom0y atV=W Nav- 'al B. Z ver, who a csnowWpd hiriaseelf to ba the Operating Mager of EL ly ic' Croup. LLC, a Limited Liability Company, and in that capacity, being authorized to do se, -xe:uted the foregoing inst-gent for the.purposes therein contained by signing the norne e: the Limited Liability Company by himself as Operating Manager. IN WM,- E ;S WHEREOF, I hoe hereunto sd my hand and Noariel nwal. ,{r Notary Public ?t .5.31t11s `] I IHBRIM Y CERTIFY Jur, the address of the Mortgagee is: S; oudianne, Bank PA `r xo P.0 Brx 639 Ivrat:,ratesville, MD 2170 a r Vinod Kanabar, Senior Vice President -4 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: ?ivl / * Plaintiff, COMPLAINT FOR CONFESSION * OF JUDGMENT OF MONEY V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * * -k ?n -4-a ca -°n G es, r k * * * * * * * * * * * * * * NOTICE PURSUANT TO RULE 236 To: Mehul V. Patel and Anjana Patel: Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment entered by confession has been entered against you. If you have any questions concerning this notice, please call: Michael D. Nord, Esquire at 410-385-5072. Prothonotary, Cumberland County County 2 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION , Hunt Valley, Maryland 21030 * Case No.: - -I?r * Plaintiff, COMPLAINT FOR CONFESSION * OF JUDGMENT OF MONEY V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * * ' !tea h ?? '7 FTJ --- L * * * * * * * * * * * * * * NOTICE PURSUANT TO RULE 236 To: EL Hotel Group, LLC: Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment entered by confession has been entered against you. If you have any questions concerning this notice, please call: Michael D. Nord, Esquire at 410-385-5072. Prothonotary, Cumberland County County -?l 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: ?? ?55' Cin * Plaintiff, COMPLAINT FOR CONFESSION * OF JUDGMENT OF MONEY V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. A. d y o c, F-7 -_f cap ? I NOTICE PURSUANT TO RULE 236 To: Navnitlal B. Zaver and Kailashben Zaver: Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment entered by confession has been entered against you. If you have any questions concerning this notice, please call: Michael D. Nord, Esquire at 410-385-5072. 12.4e4e ,? iLo? - Prothonotary, Cumberland County County 2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-2559 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. Plaintiff (s) From EL HOTEL GROUP, LLC, NAVNITLAL B. ZAVER, KAILASHBEN ZAVER, MEHUL V. PATEL and ANJANA PATEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,217,392.90 L.L. Interest $20,464.04 Atty's Comm % Due Prothy $2.00 Atty Paid $82.00 Other Costs LATE CHARGES - $1,140.34 Plaintiff Paid PER DIEM - $224.88 Date: 3/1;11 David D. Bu , Prothon (Seal) B Deputy REQUEST-WG PARTY: Name: MICHAEL D. NORD, ESQUIRE Address: GEBHARDT & SMITH LLP ONE SOUTH STREET, SUITE 2200 BALTIMORE, MD 21202-3281 Attorney for: PLAINTIFF Telephone: 410-385-5072 Supreme Court ID No. 52486 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 Case No.: t l -I;t SSc1 C' !n * Plaintiff, v. * * EL HOTEL GROUP, LLC 1904 Christopher Place me M - M Harrisburg, Pennsylvania 17110 * M = ,? r 1 -<D I Ct I And * r- X -lc:) -° NAVNITLAL B. ZAVER * ? ? ;-; C) M 1904 Christopher Place --a z' Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 5 And * S qL4. bU a C) ^1. so MEHUL V. PATEL * I L{, Do 3208 Manchester Drive Lt 0 L-) Durham, North Carolina 27707 * a SU And * ?9 ga .0 O P a ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. o clue ? ? . a, o C,r?aa ?y P- 1w assa.9 g * * * * * * * * * * * * * * PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary of Cumberland County, Pennsylvania: Issue Writ of Execution in the above matter on the following described real property: The Real Property owned by EL Hotel Group, LLC and generally known as 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015 as is more particularly described on Exhibit A attached hereto and incorporated by reference herein. AMOUNT DUE AS OF FEBRUARY 11, 2011: Principal $1,217,392.90 Interest $ 20,464.04 Late Charges $ 1,140.34 Per Diem $224.88 Total $1,238,997.2 Dated: February, 28, 2011 Michael D. Nord, Esquire Pennsylvania Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for Susquehanna Bank 2 UAlted ffd Insar ce Company Co*m»t SCHEDULE C Legal Description ALL T`RAT CXRTA1N tract or parcel of land situate in Middlesex Township, Cumberland County,.. Commonwealth of Pennsylvania, being more par deuistly bounded and deschbod as f0ows, to wit: BEG1NNR4G at -4 poig7 on the southern dedicated right-of-way line cf U.S. Route 1 I (LR 34) at the antemcctian with lands now or formerly of Eagle Development Corporation; thence by same South 05 degrees 56 minutes 30 seconds t, 207.17 feet to a point; thence by .am.- South 79 degrees 42 minutes 30 seconds East. 219.00 feet to a point; thence along lanids of Do-Ma Corporation South 05 degrees 56 -annute8 30 seconds East, 417.83 feet =o a point; thence along the dividing line between Lot ? . 1 and Lot No. 2 on the hereinafter rnr ioned Subdivision Plan North 72 degrees 48 minutes 52 seconds West, 560.10 feet .o a point; thence along same the following courses and distwnces: 1) by a curve to the lclt witz a radius of 90 feet a distance of 15.71 feet to a point; 2) North 66 degrees 41 minuses 12 seconds East, 94.92 feet to a point; 3) by a curve: to the left with a radius of 100.00 feet.a distance of 126.31 feet to a point; 4) North 05 degrees 41 minutes 01 second ` c ; 278.29 feet to a point on the southerly dedicsted s ght-of way line of'I=519; the=tcc by said right-of way lit : by a curve to the left w,fi a rWius of 820 feet a .distabcc of.91.75 feet to a point; thence along same North 10 de ces 17 minutes 29 seconds East, 8.40 aret to a paint; thence along same by a curve to the right with a radius of 10.00 feet, a. di:rIaance of 15.71 feet to a point; thence along the southe*. dedicated right-of-way line of U.S. Route 11South 79 degrees 42 minutes 31 se-ands Plast, 50.61 feet to a point, the Flace of BEGINNING. CGtNTANG 3.8742 acres. DEh-'NTG dascribod as Lot No. 2 on the Subdivision Plan of Eagle De'Moonownt Corporation, prepared by Robert G. Hartman, Jr. R.S. dated February 15, 1995 and recorded in Cumberland County Plan Book 47, Page 106. BEIr1G THE SAME premises which Glendale Lodging L.P. V, a Punrssylv+ania Lknito d Partnership, by its dce? dated the day of August, 2008 and to be recorded simultaneously ercw th, granted ones conveyed unto EL Hotel Gro ip LT-C, a Pennsyhania Lim hed Liability Comaany, MORTGAGOR herein. CO)AMONC: ;AL1114 OF P-E-NSIZVANIA ) . _,)«bra ) SS: COUNTY OF I?+AR ) On this 11day of August, 2008, befiore me, a Notary Public, peasor y attVmud Navw ial A. Zaver, who a nwledged himself to be the Operating Manager of EL =ffwie Croup, LLC, a Limited Liability Company, and in deaf capacity, being authorized to do se, '-Awu ed the foregoing instr3en: for the.purpows therein contained by siting the nun r ,e of the Limited Liability Company by himwH as Operating Manager. IN VMIS-- iS VIMWF, I have hemmto set my hand and No'.mial Q-cal. yS ? J \ 1 a y d .? - '? UFls Y. k Tp. t F > Notary Public I H ERI'M li CEIRTIFY -that the address of the Mortgagee is: Susquehanna Bank PA P.O.Box 639 M uFAnsville, MD 2117?? Vinod Kanabar, Senior Vice Presidei, 4 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 Case No.: * Plaintiff, * V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * * 4-? C-- had i .+ _ pi CPT- , --- ca c) -0 , - C) C) t": C n - --;: t * * * * * * * * * * * * * * AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015. Property is more particularly described in Exhibit "A" attached hereto. 1. Name and address of owner(s) or reputed owner(s): EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 2. Names and address of the Defendant in the judgment: EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: Susquehanna Bank successor-in-interest to Susquehanna Bank, PA 307 International Drive Hunt Valley, Maryland 21030 5. Name and address of every other person who has any record lien on the property: NA 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 2 7. Name and address of every other person of whom the Plaintiff has knowledge that has any interest in the property which may be affected by the sale: NA I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties in 18 Pa.C.S. § 4904 relating to unknown falsification to authorities. Date: February 28, 2011 Susquehanna Bank By: .0 A?t Name: C s Fleury, Title: Assistant Vice sident 3 A- EXHIBIT "A" Property description I& ?? Aed Gird.Insurance Cam€ y Cast SCFIEDULE C Legal Description ALL THAT CE.RTATN tract or parcel of land situate in Middlesex Tor m tsh:p, Cumberland County.. Commonwealth of Pennsylvania, being more parucuiarly bounded and described as xo,?s, to merit: BEGINNING at a part on the southern: dedicated right-of-way line df U.`s. Route 11 (LR 34) at the.Intcrsea6an with lands now or formerly of Eagle Development Corporation; thence by same: South 05 degrees 56 minutes 30 seconds East, 207.17 feet to a paint; thence by satn° South 79 degrees 42 minutes 30 seconds East. 219.00 feet to a point; thence along lands of Do-Ma Corporation South 05 deg re s 56,--ranutes 30 seconds East, 417.83 feet to a point; thence along the dividing line between Loo No. 1 and Lot No. 2 on the hereinafter, rrerM'oned Subdivision Plan North 72 degrees 48 minuets 52 seconds West, 560.10 feet to a point; thence along same the following courses aad distances: 1) by a curve to the l,lt with a radius of 90 feet a distance of 15.71 feet to a point; 2) North 66 degrees 41 m uses 12 seconds East, 94.92 feet to a point; 3) by a cun7c to the left Nvith a radius of 100.00 feet, a distance of 126.31 feet to a point; 4) North 05 degrees 41 minutes 01 second We s% 278.29 fed to a point on the southerly dedicated right-of-way line of ` '519; thence by said right-of way ling by a curve to the left w-if a radius of 820 feet a .distance of 91.75 feet to a point; thence along same North 10 deaces 17 minutes 29 seconds East, 8.40 stet to a point; thence along same by a curve to the cight with a radius of 10.00 feet, a diYmce of 15-71 feet to a point; thence along the southerly dedicated right-of-way line ofU.S. Ronnie 11 South 79 degrees 42 minutes 31.-v!ands- Pa t, 50.61 feet to a point, the Placc of BEGINNING. CONTA LING 3.°742 acres. BEING doscnbod s Lot No. 2 on the Subdivision Plan of Eagle Dm-c! qor)Ix-it Corporation. prepared by Robert G. FIartman, Jr. R.S. dated February 1:,1985 and recorded In Cunberlara County Plan Book 47, Page 106. BEPIG 'I''HE SA h.19 lsremises which Glendale Lodging L.P. V, a Perr:sy?-i=ania United Partnership, by rte dce? dated the ? day of August, 2008 and to be recorded simultaneously nexemth, fed anti conveyed unto EL Hotel Orwip, LI C, a Pcnnsyhmnia Limi'.rd Liability Company, MORTGAGOR herein. i COMWOIV: AL'1114 € F PE-NNSNIVANIA ) SS: COUNTY OF 1 +?-3:6 R ) On this I' , day of August, 2008, before me, a Notary Public, persor My at-p amd Navmtial B. ZEve=, who eo?wledgod himself to be the Operating Manager of EL ff to Croup, LLC, a Limited Liability Company, and in that capacity, being authorized to do se rx al the foroping insmwwnt for the.purposes therein contained by signing the nanne of yhe Limited Liability Company by >airnself as Operating Manager. IN WIT 7 5 WHEREOF, 11have hermito set my hand and Nblavi l -al. } Notary Public s»<_ I HEREBY C ERT;FY :hat the address of the Mortgagee is: Susquehanna Bank PA P.O.+B". 639 N!autgags0le, MD 21707 Vinod ICanabar, Senior Vice Presil? 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: _ m I 0 * Plaintiff, * V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * * rn F :ev crf i cD =C:) U1 p NOTICE UNDER RULE 3129.2 OF SALE OF REAL PROPERTY To: EL Hotel Group, LLC The Real Property generally known as 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015 and as more particularly described in the legal description attached as Exhibit "A" and incorporated by reference herein is scheduled to be sold at Sheriff's Sale on June 1, 2011 at 10:00 a.m. at 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court Judgment against HI Hotel Group, LLC entered in the Court of Common Pleas for Cumberland County in the amount of $$1,238,997.28. A schedule of distribution will be filed by the sheriff on a date specified by the sheriff not later than 30 days after sale and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. 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. 2 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE OFFICES 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, Pennsylvania 17013 717-249-3166 dV G,,A Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for Susquehanna Bank 3 EXHIBIT "A" Property description s RACHANA M. PATEL, ESQUIRE P.C. Rachana Patel, Esquire Pa. Attorney ID No.: 79276 950 Haverford Rd., Suite 200 Bryn Mawr, PA 19010 Phone: 484-919-1752 Facsimile: 610-527-5884 FILED-OFFICE W PROT? 1111AR'? Attorney for DefeiW , Navnitlal B. Zaver 20I ! APR _4 AM 1 1 : 0 3 Kailashben Zaver Mehul V. Patel CUMBERLAND COUNTY Anjana Patel PENNSYLVANIA SUSQUEHANNA BANK, PA Plaintiff, V. EL HOTEL GROUP, LLC and NAVNITLAL B. ZAVER and KAILASHBEN ZAVER, and MEHUL V. PATEL, and ANJANA PATEL Defendants : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 11-2559 DEFENDANTS' PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT Defendants, Navnitlal B. Zaver, Kailashben Zaver, Mehul V. Patel, and Anjana Patel (hereinafter "Defendants"), by and through their undersigned counsel, Rachana Patel, Esquire P.C., hereby petition this Honorable Court to enter an Order that Opens the Confession of Judgment filed by Susquehanna Bank (hereinafter "Susquehanna") and/or Strikes Off the Confessed Judgment and in support thereof, avers as follows: 1. On or about March 1, 2011, Susquehanna Bank filed a Complaint in Confession of Judgment against EL Hotel Group, LLC, Navnitlal B. Zaver, Kailashben Zaver, Mehul V. Patel and Anjana Patel (the individual parties collectively referred to as the "Defendants", together Navnitlal B. Zaver and Kaiashben Zaver as "Zavers" and Mehul V. Patel and Anjana Patel as "Patels") in the principal amount of $1,217,392.90 plus interest at the per diem Interest Rate of $224.88 to February 28, 2011 in the amount of $20,464.04 against the Zavers for a total amount of $1,237,856.94 and against the Patels in the Principal amount of $750,000 and Interest at the Per Diem rate of $224.88 for $20,464.04 up to February 28, 2011 for a total of $770,464.04 and an aggregate against both in the amount of $2,008,320.98. See Susquehanna's Complaint at Paragraph 19 and 29 respectively. 2. On or about March 3, 2011, a Notice Under Rule 2958.1 of Judgment and Execution Thereon (the "Notice"), was served upon the Zavers. On or about March 8, 2011, a Notice Under Rule 2958.1 of Judgment and Execution Thereon (the "Notice"), was served upon the Patels. 3. Susquehanna contends that an Event of Default has occurred under the terms of that certain Loan Agreement and Promissory Note and any and all agreements, documents and instruments executed in connection therewith are hereinafter collectively referred to as the "Loan Documents." See Susquehanna's Complaint at Paragraphs 14 and 24 respectively. 4. Under Pa.R.C.P. No. 2959(a)(3), a defendant must file a petition within 30 days of service of the notice to obtain relief from a confessed judgment or to prevent execution. After 30 days the defendant is barred from relief unless there are compelling reasons for the delay. M & P Mgmt.. L.P. v. Williams, 2007 Pa. LEXIS 2434 (Pa. 2007). 5. A party is entitled to have a judgment entered by confession opened if evidence is produced which in a jury trial would require the issues to be submitted to the jury. Pa. R. Civ. P. 2959(e). Resolution Trust Corp. v. Copley Qu-Wayne Assocs, 546 Pa. 98 (Pa. 1996). 6. The burden of proof is on the plaintiff to show by a preponderance of the evidence that the defendant voluntarily, intelligently, and knowingly waived the right to notice 2 and hearing prior to entry of judgment. Resolution Trust Corp. v. Copley Qu-Wayne Assocs., 546 Pa. 98, 109 (Pa. 1996). 7. The Defendants aver that the Judgment must be opened because Defendants dispute the amount claimed in the Complaint. 8. The Defendants aver that the Judgment must be opened because obtaining a Confession of Judgment is a draconian method frowned upon by the courts. 9. The Judgment must be opened because the language contained within the Loan Documents does not expressly waive the right to have a trial. 10. The Judgment must be opened because the language contained within the Loan Documents does not voluntarily, intelligently, and knowingly waive the borrower's rights to trial. 11. The Judgment must be opened because the borrowers are not reasonably sophisticated and the borrowers did not voluntarily, knowingly, and intelligently give up their right to notice and a hearing before the entry of the judgment. 12. The Judgment must be opened because Plaintiff has not met its burden to establish that an Event of Default has occurred. 13. Moreover and notwithstanding the foregoing, Pa. R. Civ. P. 2952(a)(7) requires an itemized compilation of the amount then due on a Note which may be based upon matters outside the instrument and which may include interest and attorneys fees. 14. While Plaintiff provides, at Paragraph 19 in Count I against the Zavers and Paragraph 29 in Count II against the Patels of its Complaint, that approximately $1,237,856.94 and $770,464.04 respectively is due, owing and attributable to the above-captioned action, without further detail and the appropriate breakdown of the Per Diem Interest Rate and time 3 allocation underlying the substantial interest fees, the amount of damages confessed is not readily determinable on the papers submitted in support of Plaintiff's Action. 15. Susquehanna failed to obtain a written document which affirmatively demonstrates a knowing voluntary and intelligent waiver by Defendants. Failure to comply with these basic procedural safeguards warrants that the judgment should be stricken off. Without such an affirmative document guiding a knowing voluntary and intelligent waiver, the confessed Judgment and Complaint are not legally sufficient. 16. The Judgment must be opened because the Confession of Judgment language contained in the Loan Documents is procedurally unconscionable. There is nothing to indicate that at the time the documents were executed by the Defendants that an attorney was present to interpret its terms. 16. Defendants allege the following defenses and counterclaims: a. Plaintiff failed to meet its express and implied contractual obligations by failing to release Escrow Funds, when demanded and mandated by the terms of the Loan Documents, as set forth in Paragraph 6..7 (Loan Agreement) held specifically by Plaintiff for application toward Principal and Interest payments in the event of non-payment by Defendants in the amount of $187,500. b. Plaintiff breached its obligation of good faith and fair dealing by failing to release the Escrow Funds. C. Plaintiff breached its fiduciary duty in mishandling the Escrow Funds. d. Plaintiff failed to properly manage Defendants investment by causing a decline in value of over $2,800,000. 4 e. Plaintiff failed to provide Borrower and Defendants with a loan with an adequate debt service ratio at the time of Closing to meet industry standards. Plaintiff closed on a Loan with a greater loan-to-value percentage than had been contemplated in the Loan Documents, exposing investor capital to dishonest manipulation by the Plaintiff's managers. 17. Individual Defendants incorporate the above affirmative defenses and counterclaims into their respective Petition to Open and seek discovery as part of their Petition to Open to present these defenses to a jury. 18. In order to properly determine the amount due under the Note and the itemization required by Pa. R. Civ. P. 2952(a)(7), the Plaintiff must provide a detailed loan history setting forth all payments made by Borrower/Defendants on account of the August 12, 2008 Note from the inception of the Note until the date of the confession of judgment. Because the Complaint fails to comply with the requirements of Pa. R. Civ. P. 2952(a)(7), requiring an itemized computation of the amount due, the judgment is not self-sustaining and is, therefore, void and should be stricken. 19. The entry of Judgment by Confession violates the Pennsylvania and United States Constitutions because it deprives Defendants of a valuable interest in the property without due process under the law. 20. For all of these reasons, the Judgment should be opened pursuant to Pa. R. Civ. P. 2959 et seq. and 15 U.S.C. Section 1691 as well as general principals of due process and equal protection under the law. 5 WHEREFORE, Defendants, by and through undersigned counsel, Rachana M. Patel, Esquire, P.C., respectfully petition this Honorable Court to issue and Order in the form attached hereto opening Plaintiff's Judgment by Confession and/or stricken off. Dated: March 31, 2011 By Respectfully submitted: Rachana M. Patel, Esquire P.C. 9 Rachana M. Patel, Esquire 950 Haverford Rd, Suite 200 Bryn Mawr, PA 19010 484-919-1752 610-527-5884 (fax) 6 Attorney for Defendants RACHANA M. PATEL, ESQUIRE P.C. Rachana Patel, Esquire Pa. Attorney ID No.: 79276 950 Haverford Rd., Suite 200 Bryn Mawr, PA 19010 Phone: 484-919-1752 Facsimile: 610-527-5884 SUSQUEHANNA BANK, PA Plaintiff, V. FILED-OFFICE PROTHO'OTAR`' Attorney forf? ants, Navnitlai B. ZlIff APR -4 AM It: 03 Kailashben Zaver Mehul V. PateCUMBERLANO COUNT' Anjana Patel PENNSYLVANIA : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 11-2559 EL HOTEL GROUP, LLC and NAVNITLAL B. ZAVER and KAILASHBEN ZAVER, and MEHUL V. PATEL, and ANJANA PATEL Defendants CERTIFICATE OF SERVICE I, Rachana Patel, Esquire, hereby certify that a copy of the Rule to Show Cause related to the Petition to Open Confession of Judgment and/or Strike of the Judgment of Defendants Directing Susquehanna to file a written Response to the Petition no later than April 25, 2011, and the Petition to Open Judgment were served on this 4th day of April 2011 via United States first class mail upon the following parties: Michael D. Nord, Esquire Gebhardt & Smith, LLP One South Street, Suite 2200 Baltimore, MD 21202 Attorneys ttorneysfor Plaintiff 15 Dated: 4 (,??fR RAC ANA M. PATEL, ESQUIRE, P.C. BY: Rachana Patel, Esquire 950 Haverford Rd., Suite 200 Bryn Mawr, PA 19010 (484) 919 - 1752 (610) 527-5884 Attorney for Defendants 16 RACHANA M. PATEL, ESQUIRE P.C. Rachana Patel, Esquire Pa. Attorney ID No.: 79276 950 Haverford Rd., Suite 200 Bryn Mawr, PA 19010 Phone: 484-919-1752 Facsimile: 610-527-5884 FILED-OFFICE Attorney foge??lis, Navnitlal B. Tf%PR -4 AM 11: 03 Kailashben Zaver Mehul V. Pate}MBERLAND COUNTY Anjana Patel PENNSYLVANIA SUSQUEHANNA BANK, PA : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff, V. : NO.: 11-2559 EL HOTEL GROUP, LLC and NAVNITLAL B. ZAVER and KAILASHBEN ZAVER, and MEHUL V. PATEL, and ANJANA PATEL Defendants CERTIFICATE OF SERVICE I, Rachana Patel, hereby certify that on this 1st day of April, 2011, I served a copy of the Defendant's Petition to Open The Confession of Judgment and/or Strike Off the Judgment and Defendant's Memorandum of Law in Support of the Petition to Open and/or Strike off the Judgment Pursuant to PA Rule Civil Procedure 2959 via United States first class mail postage prepaid upon the following parties: Michael D. Nord, Esquire Gebhardt & Smith, LLP One South Street, Suite 2200 Baltimore, MD 21202 Attorneys for Plaintff 17 Dated: RACHANA M. PATEL ESQUIRE, P.C. BY: Rachana Patel, Esquire 950 Haverford Rd., Suite 200 Bryn Mawr, PA 19010 (484) 919 - 1752 (610) 527-5884 Attorney for Defendants 18 6 SUSQUEHANNA BANK, Plaintiff, V. EL HOTEL GROUP, LLC and NAVNITLAL B. ZAVER and KAILASHBEN ZAVER, and MEHUL V. PATEL, and ANJANA PATEL Defendants : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 11-2559 rn -C_ a ORDER AND NOW this day of 14-1a 2011, upon consideration of the foregoing Petition, it is hereby ordered that 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent; 3. The petition shall be decided under Pa. R. C. P. No. 206.7; Y 4. thin fnrtv_fivP (dGl 4 U I -'/Yl., ,6,cc??t. tr?7rt -fie. .J pP ,fi petWzn• 5. Notice of the entry of this order shall be provided to all parties by the petitioner. Mdnaej Nora . ?5/ BY THE COURT: J. 7 r M 't ? IN THE COURT OF COMMON PLEAS OF CUMBERLAN D COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: 11-2559 * Plaintiff, * V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. c? N c" rn CO m - r -< C a ;.c ?+ r ? n r- ;r "CD C ) * * * * * * * * * * * * * * AFFIDAVIT OF SERVICE OF NOTICE REOUIRED UNDER RULE 3129.2 I, Michael D. Nord, declare under the penalties of perjury, that the following statements are true, accurate and correct. 1. In accordance with P.R.C., Rule 3129.2, on June 3, 2011, 1 caused to be mailed a NOTICE OF SALE upon all parties set forth in P.R.C., Rule 3129.1 Revised Affidavit filed in connection with this matter. A copy of the NOTICE OF SALE mailed is attached hereto as Exhibit "A" and incorporated by reference herein. 2. I have also attached hereto as Exhibit "B" The U.S. Postal Service Form 3817 Certificate of Mailing for each of the parties to whom the NOTICE OF SALE was mailed on June 3, 2011. L- 0 A) Michael D. Nord ACKNOWLEDGEMENT STATE OF MARYLAND TO WIT: CITY OF BALTIMORE ) I HEREBY CERTIFY that, on thisUjU ,day of June 3, 2011, before me, the undersigned Notary Public of the jurisdiction aforesaid, personally appeared Michael D. Nord, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and 2 declared and acknowledged under oath, subject to the penalties of perjury, that the matters set forth herein are true, accurate and complete. IN WITNESS, my hand and Notarial seal. My commission exI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: 11-2559 * Plaintiff, * V. EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * * EXHIBIT A * * * * * * * * * * * * * * NOTICE UNDER RULE 3129.2 OF SALE OF REAL PROPERTY To: EL Hotel Group, LLC The Real Property generally known as 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015 and as more particularly described in the legal description attached as Exhibit "A" and incorporated by reference herein is scheduled to be sold at Sheriff's Sale on July 6, 2011 at 10:00 a.m. at 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court Judgment against El Hotel Group, LLC entered in the Court of Common Pleas for Cumberland County in the amount of $1,238,997.28. A schedule of distribution will be filed by the sheriff on a date specified by the sheriff not later than 30 days after sale and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. 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. 2 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE OFFICES 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, Pennsylvania 17013 717-249-3166 0 &J a Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for Susquehanna Bank 3 EXHIBIT A Z W* bUWM W. company CO MUMent SCFIEDi1LE C Legal Description . ALL MAT CERTAIN tract or parcel of land situate in Middlesex : ovmshT, Cumberland C.our&j,. Commonwealth of Pennsylvania, being more pariicuiar y bounded and described as follmm to wit: BEGU4NWG at a point on the southern dedicated'aighi-of-way line.o .1.9, Route I I MR 34) at the.intessccdon with lands now or formerly of Eagle Devele ment Corporation; thence b}' same South 05 degrees 56 minutes 30 seconds t ist, 207.17 feet.to a point; thence by same South 79 degrees 42 minutes 30 seconds East. 219.04 feet to a point; thence along lands ofDo-Ma Corporation South 05 degrees 56 .il#1 mes 30 seconds East, 417.83 feet to a point; thence along the dividing line between Lot NTo. I and Lot No. 2 on the hereinafter mooned Subdivision Plan North 72 degrees 48 minutes 52 seconds West, 560.10 fees to a ,point; thence along same the following courses arid. distances: 1) by a curve to tho left) <ilh a radius of 90 feet a distance of 25.7! feet to a point. 2) North 66 degrees 41 mihu:es 12 serohds East, 94.92 feet to a point; 3) by a c*mo to the loft with a radios of. 100,00 feel .a dssisaace of 12631 feet to a point; 4) North 05 degrees 41 minutes -oi. swca l We f, 2'18.29 feet to a point on the southerly dedievre.d fight-of-way line of'I'419; dhri: c by said right-of-way line by a curve to-the left v- 4h a radius of 820 feet a .distanec c&91.75 feet to a point; thence along same North 10 degrees 17 minutes 29 seconds East, 8.40 feet to a poh1t; thence along same by a eurvo- to tho right with a radius of 10.00 feet, a dUmce of 15.71 feet to a point; thence along the southerly dedicated right-of-way line offJ.S. Route I I South 79 degrees 42 minutes 31 rep onds Past, 50.61 feet to a point, thk Place of BEGINNING, CONTAINING 31.8742 acres. BEM described as Lot No, 2 on the Subdivision Playa of Eagle De rc1q.OM nt Corporation. pm -pared b)r Robert G. Bartman, Jr. R.S. dated February 15, 1985 and recorded in Cumber-land County Plan Book 47, Page 106. BEE140 `ME SAME premises which Glendale Lodging L.P. V, a Permsylvania 11mited Partnership, by its &eZi dated the : .> k day of August, 2008 and to be recorded simultaneousl?• li?:rcwtth, granted and conveyed unto EL Hotel Crro!T., LL C, a PennsyWania Lim Ped Liability Company, MORTGAGOR herein. cn 0 -11 9 C4 co v D N 0 0 V co z V W 0 0 N O Q 0 o G T -I -1 m m ? N C/? Cz700 3 am 3? ?3 CD CD (7' 0 3 n a CD ~ 51: e? n '- CD O " n? y y S m <. "T r am J o N Q• -0 m m 35 o ? 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N r?r b O 0 RRR ,?.? 'U C pi r CD n J O r Y f .ate a Y? N N o m 3a cD c ? N N m _. a= J o? 0°o 3`-a N N 0 N ma a a m m m d m m T. 3 and _N m J CD a 0 3 C M ?O U1 016H26522143 $01.150 rN. 06/03/2011 Mailed From 21202 US POSTAGE U) T O w N 0 V U) z V rn W O 0 N 0 0 0 m 0 rn cn O T ?S C, i / 3 O r? • ) 0 r:Z CD , 0 3 .- CD CD a a 15 CL 0a f p V R° o co o o R 0, 0 CD j CD o t-j 3 W O N N O 3? d. H O -Q a? z Val ?m r O m '^ a ?m m? " n N M 00 co a i '? C i fr v c M N O m ? I 0 1 15 C, r v, . - 06/03/2011 F Mailed From 21202 z US POSTAGE. N Fj . 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAN D COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: 11-2559 * Plaintiff, * V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. rn Mr rte- vn C? r. r? rn * * * * * * * * * * * * * * REVISED AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015. Property is more particularly described in Exhibit "A" attached hereto. 1. Name and address of owner(s) or reputed owner(s): EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 2. Names and address of the Defendant in the judgment: EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: Susquehanna Bank successor-in-interest to Susquehanna Bank, PA 307 International Drive Hunt Valley, Maryland 21030 5. Name and address of every other person who has any record lien on the property: NA 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 2 7. Name and address of every other person of whom the Plaintiff has knowledge that has any interest in the property which may be affected by the sale: SHAILESH PATEL 22 Arverne Court Timonium, Maryland 21093 And BHAVNABEN S. PATEL 22 Arveme Court Timonium, Maryland 21093 And ASHISH RANA 5 Morris Drive Glen Mills, Pennsylvania 19342 And RACHANA PATEL 5 Morris Drive Glen Mills, Pennsylvania 19342 HI HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And 3 J MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 EL2 HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KETAN PATEL 601 Royal Tower Way Cary, North Carolina 27513 And BINAKUMARI PATEL 601 Royal Tower Way Cary, North Carolina 27513 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties in 18 Pa.C.S. § 4904 relating to unknown falsification to authorities. Date: June 3, 2011 Susquehanna Bank By: Name: Title: 4 EXHIBIT A U-4 'V smt SCFMDULE C. Legal Description . ALL • AT CERTAIN tract or parcel of land situate in Mddlesex a oimship, Cumberland C,m rtfr Commonwealth of Pennsylvania, being more pard-uisr y bounded and described as follovrs, to wit: BBG NjNG at a point on the southern dedicated*right-of-way liue.of ;J.9, Route I 1 MR 34) at the.interse?ion with lands now or formerly of Eagle Development Corporation; ti ence by ssmd South 05 degrees 56 minutes 30 secon&- East, 207.17 feetAo a point; thence by ca= South 79 degrecs 42 minutes 30 seconds East. 219,00 feet to a point; thence along lands of Do-Ma Corporation South 05 degrees 56 ? ml=s 30 sec=onds East, 417.83 feet to a point; thence along the dividing line between Lot No.1 and Lot No. 2 on the hereinafter mentioned Subdivision Plan North 72 degrees 48 minutes 52 seconds West, 560, f0. feet to a point; thence along same the following courses acrd: distances: 1) by a curare to the *loft with a radios of 90 feet a distance of 15.71 feet to a point, 2) North 66 degrees 41 mitiWes 12 seconds East, 94.92 feet to a point; 3) by a cu -v to the left with a radius of 100.00 feet..a distance of 12631 feet to a point; 4) North 05 degrees 41 minutes-01. secoltl West. 278.29 feet to apoint on the southerly dedicated digait-of-way line 01'T?519; twn oc by said right-of-way line by a carve to. the lef t w* a rad-lus of 820 feet a distaiic ' c c&9.1.75 feet to a point; thence along same Novh- 10 degrees 17 minutes 29 seconds East, 8.40 ;mot to a point; thence along seine by a curve- to ft tight with a radius of 10.00 feet, a dW-.annce of 15.71 feet to a point; thence along the sou&.e:4y dedicated right-of wa r line of U.S. Roche 11 South 79 degrees 42 mutes 31-se,,=ds Easy, 50.61 feet to a point, thk Place of BEGINNING, CONT IN ; 3,8742 acres. BEING &-scribcd is Lot No. 2 on the Subdivision Plan of Eagle Devele aw-tt Corporation. p ppared b7, Robert G. Hartman, Jr, M, dated February 15, 1935 and recorded in CILt?erlana County Plan Book 47, Page 106. BEDIG M SA MIS premises whieb Glenddte 1.,odging L.P. V, a Permsylvania 11-nited Partnership, 'o)' Its deed dated the . `` day of August, 2008 and to be rccca ded simultancousb, bOxewith, gramect-i-rid nveyed unto L Hotel Gro-ap,. LLC, a Pennsyh aria Limilwd Liability Comp=Y, MORTGACYOR herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: 11-2559 * Plaintiff, * V. EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * * * MW _ - Z z -vr w ° :r <I= c+ 2-n ' c-) a -1 M C-_ t-0 M w-i a L.J ' * * * * * * * * * * * * * * NOTICE UNDER RULE 3129.2 OF SALE OF REAL PROPERTY To: EL Hotel Group, LLC The Real Property generally known as 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015 and as more particularly described in the legal description attached as Exhibit "A" and incorporated by reference herein is scheduled to be sold at Sheriff's Sale on July 6, 2011 at 10:00 a.m. at 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court Judgment against El Hotel Group, LLC entered in the Court of Common Pleas for Cumberland County in the amount of $1,238,997.28. A schedule of distribution will be filed by the sheriff on a date specified by the sheriff not later than 30 days after sale and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. 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. 2 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE OFFICES 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, Pennsylvania 17013 717-249-3166 rs,? o N Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for Susquehanna Bank 3 A6. EXHIBIT A cis fili SCI-MMULE C. Legal Description . .pia '.{' 'I' CERTAIN tract or parcel of land situate in NEiddlesex d ovmsh?, Cumberland Cour?fy,. Commonwealth of Pennsylvania, being more parti ruiar.y boded and -described as ;**Ilows, to wit: BEGU%q IG at a point on the southern dedioated'righi-of-way liue.of U.S, Route 11 (LR 34) at the.Intersecdon wit, lands now or formerly of Eagle Devel%yment Corporation; thence by same South 05 degrees 56 minutes 30 seconds l=ast, 207.17 feet-to s point; thence by sarnY South 79 dogma 42 minutes 30 seconds East. 219,00 feet to a point; thence along lands of Do-Ma Corporation South 05 degrees 56 ralnums 30 seconds East, 417.83 feet to a point; thence along the dividing line between Lot No. 1 and Lot No. 2 on the hereinafter, tmittioned Subdivision Plan North 72 degrees 48 n-;:nu tts 52 seconds West, 560,10 feet to apoint; thence along same the following courses acid: d€stances: 1) by a cun?e to the left v< Wa a radius of 90 feet a distance of 15.71 feet so a. point, 2) North 66 degrees 41 mir iiWi s 12 secohils East, 94.92 feet to a point; 3) by a curve to the left with a radiits of.10t1:0U fee4.a dis'-taace of 126,31 feet to a point; 4) Nom 05 degrees 41 minutes 01. second West, 278.29 feet to a point on the southerly dedicated right-of-way line of "T-5 I9; tkmaoe ky said right-oPway line by a curve to-the left Kl h a radius of 820 feet a .distariec c&91-75 feet to a point; thence along same No*.th 10 degrees 17 minutes 29 seconds East, 8.40 feet to a point; thence along same by a curve- to the right with a radius of 10.00 feet, a d&rAnce of 13.71 feet to a point; thence along the southerly dedicated righat-of way line of'U.S. Route 11 South 79 degrees 42 minutes 31 set ollds East, 50.61 feet to a point, tho Place of BEGINNING. C0?4TA.I T1NG 3,8742 acres. BERiG do-scribcd-as Lot No. 2 on the Subdivision Plan of Eagle DcvclP,p=nt Coloration, p;ep red b,v Robert G. Hartman, Jr. R.S, dated February 15, 1985 and revorded in Cumberland County Plan Book 47, ?age 106. BRING .M SAME premises which Glenddle Lodging L.P. V, a Permsylvania I.knited Partnezship, by its &ea dated the day of August, 2008 and to be recorded simultaneously hacwiih, granted ana Veyed unto EL Hotel Grrotep, LL C, a Pennsylvania Limned Liability Company, MORTGAGOR herein. ?.1 , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: 11-2559 Plaintiff, FILED-OFFICE HE PROTHONOTARY 2011 JUN 24 AM 10: 15 4UMBERLAND COUNTY PENNSYLVANIA V. * ANSWER TO PETITION TO OPEN AND/ OR STRIKE CONFESSED JUDGMENT EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And * COUNSEL OF RECORD FOR PLAINTIFF MICHAEL D. NORD NAVNITLAL B. ZAVER * GEBHARDT & SMITH LLP 1904 Christopher Place ONE SOUTH STREET, SUITE 2200 Harrisburg, Pennsylvania 17110 * BALTIMORE, MARYLAND 21202 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * ANSWER TO PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT Susquehanna Bank, successor-in-interest to Susquehanna Bank, PA. ("Plaintiff') in the above-captioned action, by its undersigned counsel, hereby files this Opposition and Answer to Petition and respectfully states: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Neither Admitted nor Denied. The allegations contained in paragraph 5 of the Petition are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 6. Neither Admitted nor Denied. The allegations contained in paragraph 6 of the Petition are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. The allegations contained in paragraph 13 of the Petition are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 14. Admitted in part and Denied in part. Plaintiff admits that the amounts owed by the Defendants are set forth in Counts I, II and III of the Confession of Judgment. Plaintiff denies that the amount owed is not readily determinable. 15. Denied. 16. Denied. Defendants mistakenly list two paragraph 16s in the Petition. Toward that 2 end, Plaintiff denies all parts of the allegations in the second paragraph 16. 17. Paragraph 17 contains no information to which a response of Admit or Denied is required. 18. Denied. 19. Denied. 20. Denied. Michael D. Nord Pennsylvania Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 410-385-5072 Counsel for Plaintiff, Susquehanna Bank, successor-in-interest to Susquehanna Bank, PA. 3 VERIFICATION Understanding that false statements made in this Verification are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification of authorities, I verify that I am a Vice President of Susquehanna Bank, successor-in-interest to Susquehanna Bank, PA., the Plaintiff in the above-captioned matter, that I am authorized to make this Verification on the Plaintiffs behalf and that the foregoing statements set forth herein are true and correct. C s ]hFleury, Assistant Vice sident CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 23`d day of June, 2011, a copy of the foregoing Answer to Petition to Open And/ Or Strike Confessed Judgment was sent, via first-class mail, postage prepaid to: Rachana M. Patel, Esquire P.C. 950 Haverford Road, Suite 200, Bryn Mawr, Pennsylvania 19010. '/ Michael D. Nord 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. * Y 307 International Drive CIVIL DIVISION W W a -- Hunt Valley, Maryland 21030 * Case No.: 11-2559 N) '-' .<A Plaintiff, * ?a 3 ? n za - - C p c=? V. * STIPULATION TO VACATE?.z 4 psi r CONFESSED JUDGMENT < EL HOTEL GROUP, LLC * WITHOUT PREJUIDICE AND DISMISS 1904 Christopher Place CASE WITHOUT PREJUDICE Harrisburg, Pennsylvania 17110 And NAVNITLAL, B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PA'TEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * STIPULATION TO VACATE CONFESSED JUDGMENT WITHOUT PREJUDICE AND TO DISMISS CASE WITHOUT PREJUDICE Plaintiff, Susquehanna Bank, successor-in-interest to Susquehanna Bank, PA. ("Plaintiff'), by its undersigned counsel, and the Defendants in the above-captioned case (collectively the `'Defendants") by and through undersigned counsel hereby file this Stipulation To Vacate Judgment Without Prejudice and to Dismiss Case Without Prejudice and respectfully request that the Court enter an Order vacating the confessed judgments WITHOUT PREJUDICE entered against the Defendants in this case and dismiss the above captioned case WITHOUT PREJUDICE. 9- Rachana M. Patel Pennsylvania Bar No. 79276 950 Haverford Road, Suite 200 Bryn Mawr, Pennsylvania 19010 484-919-1752 Counsel for the Defendants 41( d d`? Michael D. Nord Pennsylvania Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 410-385-5072 Counsel for Plaintiff, Susquehanna Bank, successor-in-interest to Susquehanna Bank, PA. 2 ?P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT Y PENNSYLVANIA <= , SUSQUEHANNA BANK * -rnw ? ,- Successor-in-Interest to =7-1 r- -?)Frl SUSQUEHANNA BANK, PA. * ?' ? 307 International Drive CIVIL DIVISION CI =-1 Hunt Valley, Maryland 21030 * Case No.: 11-2559 3- C- ', ?• --° _ , CD 17- Plaintiff, * ' r V. * ORDER TO VACATE CONFESSED JUDGMENT EL HOTEL GROUP, LLC * WITHOUT PREJUIDICE AND DISMISS 1904 Christopher Place CASE WITHOUT PREJUDI CE Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. * * * * * * * * * * * * * •/ ORDER TO VACATE CONFESSED JUDGMENT WITHOUT PREJUDICE AND TO DISMISS CASE WITHOUT PREJUDICE AND NOW, upon consideration of the Stipulation to Vacate the Confessed Judgment Without Prejudice and to Dismiss this Case Without Prejudice, it is hereby: ORDERED, that the Confessed Judgments entered against the Defendants in the above captioned case are hereby Vacated WITHOUT PREJUDICE; and it is further ORDERED, that this Case is dismissed WITHOUT PREJUDICE. BY THE COURT: ?rra?zo?? ?M0-ael D. Nor I Raebana M . FbAel, Eq? &uNpehanna. dank M Niel C4roup ? LLC NavnitlaJ R. Zaver X06 lae h ben Zaver Mebul V. Pafel An jana %Jel coes SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Ur ?..,° -t ? k P&LS i L+V, , } F ?ii;•,. i , Susquehanna Bank vs. I Case Number EL Hotel Group LLC (et al.) 2011-2559 SHERIFF'S RETURN OF SERVICE 03/11/2011 08:42 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1460 Harrisburg Pike, Carlisle, PA 17013, Cumberland County. 04/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: El Hotel Group, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 04/01/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Kailashben Zaver, who accepted for EL Hotel Group, LLC, at 1904 Christopher Place, Harrisburg, PA 17110. So Answers:G. Mille, Deputy Sheriff. 04/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Navnitlal B. Zaver, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 04/01/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Kailashben Zaver, who accepted for Navnitlal B. Zaver, at 1904 Christopher Place, Harrisburg, PA 17110. So Answers: G. Miller, Deputy, Sheriff. 04/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Kailashben Zaver, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 04/01/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Kailashben Zaver, personally, at 1904 Christopher Place, Harrisburg, PA 17110. Sc Answers: G. Miller, Deputy, Sheriff. 05/26/2011 As directed by Michael Nord, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/05/2011 As directed by Michael Nord, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 08/03/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $919.75 SO ANSWERS, August 03, 2011 RON R ANDERSON, SHERIFF SAP&•C'c nu ii?S iit 7`'e+iff.l r. : ?ft. In ??!• ? / ? Sr?? I V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 Case No.:/.. 2 S S'9 * Plaintiff, * V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 Defendants. y . )Ci F - c ___ : . r AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015. Property is more particularly described in Exhibit "A" attached hereto. 1. Name and address of owner(s) or reputed owner(s): EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 2. Names and address of the Defendant in the judgment: EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: Susquehanna Bank successor-in-interest to Susquehanna Bank, PA 307 International Drive Hunt Valley, Maryland 21030 5. Name and address of every other person who has any record lien on the property: NA 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 2 Name and address of every other person of whom the Plaintiff has knowledge that has any interest in the property which may be affected by the sale: NA I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties in 18 Pa.C.S. § 4904 relating to unknown falsification to authorities. Date: February 28, 2011 Susquehanna Bank By: 0 Name: C se Fleury, A-p Title: Assistant Vice sident 3 EXHIBIT "A" Property description n&ed- Gen-ral Title Insurance Comp"m y Cohmnitwent SCHEDULE C Legal Description ALL 1-hViLT C CE IRTAIN tract or parcel of land situate in Middlesex T oi,inship, Cumberland County:.. Commonwealth of Pcnnsylvan a, being more pariicuiarly bounded and described as follows, to wit: BEGIMiFI G at a point on the southern dedieatcd right-of-wey Lne of Route I I (LR 34) at the intersection with lands now or formerly of Eagle Development Corporation; thence by same: South 05 degrees 56 minutes 30 seconds E zt, 207.17 feet to a paint; thence by same: South 79 degrees 42 minutes 30 seconds East- 21-.0ifeet to a point; thence along lands of Do-Ma Corporation South 05 deg;e s 56 :nintaes 30 seconds East, 417.83 feet, o a pint; thence along the dividing line between Lc § o. 1 and Lot No. 2 on the hereinafter mentioned Subdivision Plan North 72 degrees 48 minutes 52 seconds West, 560.10 f .elt to a point; thence along same the following courses and L stances: 1) by a cun?e to thz l??xt with a radius of 90 feet a dis`;,ancc of 15.71 feet to a point; 2) North 66 degrees 41 mina s 12 seconds East, 94.92 feet to a point; 3) by a cu.r ve to the lc;ft with a radius of 10.00 feet. a distance of 126.31 feet to a point; 4) North v5 degrees 41 minutes 01 second `rifts, 278.29 feet to a point on the southerly dedic tea right-of-way line of "T-519; thcLtucc k y said right-of way lira; by a cuurve to the left w t: a radius of 820 feet a .distancc o f.91.75 feet to a point; thence along same North 10 dzmg ces 1 -1 minutes 29 seconds East, 8,40 `e-et to a point; thence along same by a curve to the right with a radius of 10.00 feet, a distance of 15.71 feet to a point; thence along the southerly dedicated right-of-way line of U. S. Route 11 South 79 degrees 42 minutes 311as',, 50.61 feet to a point, the ='i.acc of BEGINNING. IV I CC°NTA -:`; i' 8742 acres. 8Eh-t G describe 13 Lot No. 2 on the Subdivision Plan of }eagle Deve -'atnxit Corporation, prcpared by Robert G. Hartman, Jr. R.S. dated February 1 19°35 and recorded in Cumberland County Plan Book 47, Page 106. Bl'rDIG THE SAPAL' Premises which Glendale Lodging L.P. V, a Pen, =ylvania Limit ,d Partnership, by iu dee3 dated the I, "a day of August, 2008 and to be recorded simultaneously n_revvv th, granted and conveyed unto EL Hotel Group, LT C, a Pennsyl-% aria Limhzd Liabillity Company, MORTGAGOR herein. : CONNSIONV. ?.:.AL I'lli OF P E"-NNi SNIVANIA ) w: } SS: COUNTY OF k ARa,SRx# ) On this I2?' day of August, 2008, be_ore me, a Notary Public, penona l • app= W Navzifial A. Zaver, wiio ec?n-:iw edgcd himself to be the Operating Manager of EL ' ytr Croup, LLC, a Limited Liability Company, and in that capacity, being authorized to do sc.. -xecutod he foregoing inst-=:cat for thepurposes therein contained by signing the n3n e cuf the Limited Liability Company ^:y aimsel` as Operating Manager. IN WT, .." S ?TTEMREOF, I have hereanto set my hand and No'u . nl seal. S w? (f? x x ? is}4 Notary Public.:: I HERI:B Y C IRTIFY -that the address of the Mortgagee S: c•: Luc angina Bank PA P.O..Bcx 639 PW?:°u _gansville, MD 211747 1 Vinod Kanabar, Senior Vice Presid--tniw k G .t 307 International Drive CIVIL DIVISION Hunt Valley, Maryland 21030 * Case No.: //_ - S'S-q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. * Plaintiff, * V. * EL HOTEL GROUP, LLC 1904 Christopher Place Harrisburg, Pennsylvania 17110 And NAVNITLAL B. ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And KAILASHBEN ZAVER 1904 Christopher Place Harrisburg, Pennsylvania 17110 And MEHUL V. PATEL 3208 Manchester Drive Durham, North Carolina 27707 And ANJANA PATEL 3208 Manchester Drive Durham, North Carolina 27707 ? xn 2p Z? D? r ?rn Defendants. * * * * * * * * * * * * * * NOTICE UNDER RULE 3129.2 OF SALE OF REAL PROPERTY To: EL Hotel Group, LLC The Real Property generally known as 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015 and as more particularly described in the legal description attached as Exhibit "A" and incorporated by reference herein is scheduled to be sold at Sheriff's Sale on June 1, 2011 at 10:00 a.m. at 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court Judgment against HI Hotel Group, LLC entered in the Court of Common Pleas for Cumberland County in the amount of $$1,238,997.28. A schedule of distribution will be filed by the sheriff on a date specified by the sheriff not later than 30 days after sale and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. 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. 2 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE OFFICES 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, Pennsylvania 17013 717-249-3166 Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for Susquehanna Bank 3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-2559 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK Successor-in-Interest to SUSQUEHANNA BANK, PA. Plaintiff (s) From EL HOTEL GROUP, LLC, NAVNITLAL B. ZAVER, KAILASHBEN ZAVER, MEHUL V. PATEL and ANJANA PATEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,217,392.90 L.L. Interest $20,464.04 Atty's Comm % Due Prothy $2.00 Atty Paid $82.00 Other Costs LATE CHARGES - $1,140.34 Plaintiff Paid PER DIEM - $224.88 Date: 3/1/11 David D. Bue , Prothonot (Sea]) ?B _ Deputy REQUESTING PARTY: Name: MICHAEL D. NORD, ESQUIRE Address: GEBHARDT & SMITH LLP ONE SOUTH STREET, SUITE 2200 BALTIMORE, MD 21202-3281 T171,17 f" y . ?. rn RECORD In Testa: _; , ; r ,-ry nand and the sea! e =a. This _4--_ d'y Attorney for: PLAINTIFF Telephone: 410-385-5072 Supreme Court ID No. 52486 On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 1460 Harrisburg Pike, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-2559 Civil Susquehanna Bank VS. EL Hotel Group LLC, Navnitlal B. Zaver, Kailashben Zaver, Mehul V. Patel, Anjana Patel Atty.: Michael Nord ALL THAT CERTAIN tract or parcel of land situate in Middlesex Township, Cumberland County, Commonwealth of Pennsylvania, be- ing more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated right-of-way line of U.S, Route 11 LR 34) at the. inter- section with lands now or formerly of Eagle Development Corporation, thence by same South 05 degrees 56 minutes 30 seconds East, 207.17 feet to a point; thence by same South 79 degrees 42 minutes 30 seconds East 219.00 feet to a point; thence along lands of Do-Ma Corporation South 05 degrees 56 minutes 30 seconds East, 417.83 feet to a point; thence along the dividing line between Lot No. I and Lot No. 2 on the hereinafter mentioned Subdivision Plan North 72 degrees 48 minutes 52 seconds West, 560.10 feet to a point; thence along same the following courses and distances: 1) by a curve to the left with a radius of 90 feet a distance of 15.71 feet to a point; 2) North 66 degrees 4 minutes 12 seconds East, 94.92 feet to a point; 3) by a curve to the loft with a radius of 100 feet, a distance of 126.31 feet to a point; 4) North 05 degrees 41 minutes 01 second West; 278.29 feet to a point on the southerly dedicated right-of- way line of T-519; thence by said right-of-way line by a curve to the left with a radius of 820 feet a distance of 91.75 feet to a point; thence along same North 10 degrees 17 minutes 29 seconds East, 8.40 feet to a point; thence along same by a curve to the right with a radius of 10.00 feet, a distance of 15.71 feet to a point; thence along the southerly dedicated right-of-way line of 'U.S. Route 11 South 79 degrees 42 minutes 31 seconds East, 50.61 feet to a point, the Place of BEGINNING. CONTAINING 3,8742 acres. BEING described as Lot No, 2 on the Subdivision Plan of Eagle Devel- opment Corporation, prepared by Robert G. Hartman, Jr. R.S. dated February 15, 1985 and recorded In Cumberland County Plan Book 47, Page 106. BEING THE SAME premises which Glendale Lodging L.P. V. a Pennsylvania Limited Partnership, by its deed dated the 12th day of August, 2008 and to be recorded simultaneously herewith, granted and conveyed unto EL Hotel Group, LLC, a Pennsylvania Limited Liability Company, MORTGAGOR herein. 19 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Yditor SWORN TO AND SUBSCRIBED before me this n of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News.Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: ZhePatti* ot News Now you know 04/22/11 ....... U. Sworn to 04/29/11 05/06/11 .. tip........ this i f May, 2011 A. D. r Notary Public COMMONWEALT-H OF CIA Notarial Seal ;Sherrie L Klsner, NNotary ublic in County Dauphin County er Paxton Twp., pmmLSSlon Expires Nov 26, 2011 , Pennsylvania Association of Notaries ALL TF4 MtfA@" trxt or d hid m wiz, t at a Pon m the "*gm dedjw ggit• . _ e of UA $kw 11 tR 3 ,I ti dn, m , of do thOnx by Soa6 05 des 56 raho fzitt, 2013? 6? At a ? d?weetr??c ?i 74 d?OOes 42 mattaes 3Q:auxls kit 2I9?71 iii to a pork drme aiot? hmk of 1 a"4w Sao f64rm 56 mip b X feavb H4 41-W bZ n a kw 404*khan to lhIag t,%2 on h nlAri,?ort?aeed idd. $ 72 ibr1 *960w=4 12 are tb the ,75 6xt to a &'AMU of IS,"4'latoa¢ *2 CkWtddtt di?tCes42 mineft 11 sect F f ;.Sgfbl ' to a point, ' the Pfau of $( HA1A1C . COt +IIN(i 3,8742 acrea U&cr'bm U-t?t m, 2 on the W*?" i°(if r* D*AORM# b) POW G, moo. 1r. li a dad 15, 14K a6d ftotded In ihn Beat 47,1* 106. BE": pt?YtilCe pydt slahk Lodging ' LF V. a ftaim ranit , Lj*od Pwtn Nl* by its dood 6W tbo 12th. Airy of A! al X t; f?? l cam'